Requirements — Preference for certain districts

Ark. Code Ann. § 6-23-304 — under Arkansas Quality Charter Schools Act of 2013.

Ark. Code Ann. § 6-23-304

(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; and(2) Findings of the authorizer relating to improving student performance and encouraging innovative programs.

(1) Criteria provided by law or by rule adopted by the State Board of Education; and

(2) Findings of the authorizer relating to improving student performance and encouraging innovative programs.

(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.

(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's 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.

(1) An open-enrollment public charter school's 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 approval to open and operate additional campuses in Arkansas if the applicant meets the following conditions:(1) The approved open-enrollment public charter school is meeting the terms and performance criteria of its charter and 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 found to exhibit academic, fiscal, or organizational deficiencies; 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 approved open-enrollment public charter applicant has generally established the educational program results and criteria set forth in this subsection.

(1) The approved open-enrollment public charter school is meeting the terms and performance criteria of its charter and 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 found to exhibit academic, fiscal, or organizational deficiencies; and(C) Had its open-enrollment public charter placed on charter school probation or suspended or revoked under § 6-23-105; and

(A) Been subject to any disciplinary action by the authorizer;

(B) Been found to exhibit academic, fiscal, or organizational deficiencies; 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 approved open-enrollment public charter applicant has generally established the educational program results and criteria set forth in this subsection.