Arkansas Code of 1987 (2023) › Title 6 - EDUCATION (§§ 6-1-101 — 6-87-104) › Subtitle 2 - ELEMENTARY AND SECONDARY EDUCATION GENERALLY (§§ 6-10-101 — 6-28-206) › Chapter 23 - ARKANSAS QUALITY CHARTER SCHOOLS ACT OF 2013 (§§ 6-23-101 — 6-23-1008) › Subchapter 3 - OPEN-ENROLLMENT PUBLIC CHARTER SCHOOLS (§§ 6-23-301 — 6-23-310) › Section 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.
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.