§ 6-23-304 — Requirements - Preference for certain districts

(a) The authorizer may approve or deny an application based on: (1) Criteria provided by law or by rule adopted by the State Board of Education; (2) Findings of the authorizer relating to improving student performance and encouraging innovative programs; and (3) Written findings or statements received by the authorizer from any public school district likely to be affected by the open-enrollment public charter school. (b) The authorizer shall give preference in approving an application for an open-enrollment public charter school to be located in any public school district: (1) When the percentage of students who qualify for free or reduced-price lunches is above the average for the state; (2) When the district has been classified by the state board as in need of Level 5 - Intensive support under § 6-15-2915 ; or (3) When the district has been classified by the Division of Elementary and Secondary Education as in some phase of fiscal distress under the Arkansas Fiscal Assessment and Accountability Program, § 6-20-1901 et seq., if the fiscal distress status is a result of administrative fiscal mismanagement, as determined by the state board. (c) (1) An open-enrollment public charter school applicant's school campus shall be limited to a single open-enrollment public charter school per charter except as allowed in subsection (d) of this section. (2) A private or parochial elementary or secondary school shall not be eligible for open-enrollment public charter school status. (d) A charter applicant that receives an approved open-enrollment public charter may petition the authorizer for additional licenses to establish an open-enrollment public charter school in any of the various congressional districts in Arkansas if the applicant meets the following conditions: (1) The approved open-enrollment public charter applicant has demonstrated academic success as defined by the state board for all public schools; (2) The approved open-enrollment public charter applicant has not: (A) Been subject to any disciplinary action by the authorizer; (B) Been classified as in need of Level 5 - Intensive support or fiscal distress; and (C) Had its open-enrollment public charter placed on charter school probation or suspended or revoked under § 6-23-105 ; and (3) The authorizer determines in writing by majority of a quorum present that the open-enrollment public charter applicant has generally established the educational program results and criteria set forth in this subsection.

Legislative History

Amended by Act 2023, No. 237,§ 48, eff. 3/8/2023. Amended by Act 2019, No. 757,§ 57, eff. 7/24/2019. Amended by Act 2019, No. 757,§ 56, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 1741, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1740, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 1739, eff. 7/1/2019. Amended by Act 2013, No. 509,§ 10, eff. 8/16/2013. Acts 1999, No. 890, §§ 5, 8, 13; 2001, No. 1311, § 3; 2005, No. 2005, § 8; 2007, No. 736, § 15; 2007, No. 827, § 117; 2009, No. 376, § 46; 2011, No. 987, § 1; 2011, No. 993, § 6.