Arkansas Administrative Code › Agency 005 - DEPARTMENT OF EDUCATION › Division 15 - Division of Learning Services › Rule 005.15.12-003 - Open-Enrollment Public Charter School

Current through Register Vol. 49, No. 6, June, 2024
June 30 Deadline for open-enrollment letters of intent to be
				filed with the ADE.
August 31 Deadline for open-enrollment applications to be filed
				with the ADE, and superintendent of each public school district likely to be
				affected by proposed charter school.
August/September Deadline for local school board where the
				proposed open-enrollment public charter school will be located to submit to the
				State Board and the applicant, written conclusions and results of any vote to
				approve the charter application. Any decision by the local school board
				approving or disapproving the application must be made within forty-five (45)
				days of the local school board's receipt of the application.
September 30 Deadline for local boards of school districts
				likely to be affected by the proposed open-enrollment public charter school to
				submit any written findings or statements to the SBE.
November/December Tentative date for application submitted to
				the State Board of Education. Applications approved by the local school board
				will receive expedited consideration. (Pending hearing timelines.) Any
				desegregation analysis submitted by the local school board must be filed with
				the Department of Education not later than twenty (20) days prior to the State
				Board's consideration of the application. Failure of the local school board of
				the district in which the proposed public charter school will be located to
				submit to the Department a desegregation analysis as set forth above shall
				result in a waiver of the local school board's right to submit such a
				desegregation analysis to the State Board.
*Note - All information must be received in the Charter School
				Office of the Arkansas Department of Education no later than 4:00 p.m. on the
				date of the deadline. Information received in the Charter School Office after
				4:00 p.m. on the established date will not be processed. It is the
				responsibility of the applicant to strongly adhere to the charter application
				timeline. Please take under consideration the length of the time that may be
				required for your application to reach the Charter School Office, particularly
				when mailing your application. Should the deadline date fall on a weekend, all
				materials must be received no later than 4:00 p.m. the following Monday.
REQUIREMENTS FOR LETTER OF INTENT
To Apply For An
Open-Enrollment
Public School
				Charter
Applicants for open-enrollment public charter schools are
				required to send a one (1) page
"Letter of Intent to Apply for an
				Open-Enrollment Public School Charter"
to the Arkansas Department of
				Education.
Submit the letter of intent via certified mail to the
				Department of Education at the following address no later than the close of the
				business day (4:00 p.m.)
on June 30,
in order for the application
				to be considered by the State Board of Education at a later date:
Arkansas Department of Education
Charter School Office
Four Capitol Mall, Room 302-B
Little Rock, AR 72201
Required format to be followed for the letter of
				intent:
1. The letter of intent
			 is to consist of only one (1) page;
2. Include the full legal name of the
			 eligible entity which intends to apply for a charter. If a not-for-profit,
			 specify the name on the IRS 501(c)(3) application and the entity's current
			 501(c)(3) status.
3. Include the
			 contact person's name, full address, daytime telephone number, FAX number, and
			 e-mail address;
4. Give a
			 description of the eligible entity which will be proposing the
			 charter;
5. Give the name of the
			 proposed open-enrollment public charter school;
6. Describe the location of the proposed
			 open-enrollment public charter school;
7. Identify the grade levels of students to
			 be served by the open-enrollment public charter school;
8. Identify the number of students intended
			 to be served by the open-enrollment public charter school; and
9. Provide a one-paragraph description of the
			 purpose or special emphasis of the proposed school.
The contact person for the proposed open-enrollment public
				charter school shall sign the letter.
A copy of the letter of intent shall also be sent via
				certified mail by the applicant to the superintendent of the public school
				district where the proposed public charter school will be
				located.
STATE BOARD OF EDUCATION
ARKANSAS DEPARTMENT OF EDUCATION
APPLICATION FOR AN OPEN-ENROLLMENT PUBLIC CHARTER
				SCHOOL
A.
GENERAL
			 INFORMATION
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B.
GENERAL DESCRIPTION
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C.
GENERAL INSTRUCTIONS
APPLICATION REQUIREMENTS AND CONTENTS:
The total
				number of pages prepared by the applicant in response to Section D of this
				application form including any attachments used to support those responses
cannot exceed 55 pages.
Any attachments required by the
				application form are not to be included in the count for the total number of
				pages and are indicated by the word "required" in the list of contents below.
				Do not use dividers or separators noting the various parts of the application.
All pages including attachments should be numbered and clearly referred
				to in the narrative text.
The narrative responses should be given in the order requested.
Brevity and clarity are strongly encouraged.
The responses and all
				supporting attachments should be prepared/ typed on white, 8½" x 11"
				paper (copied on one side only) suitable for reproduction. The type should be
				in 12 point font or larger and page margins of at least one (1) inch on all
				sides with page numbers clearly marked.
List of Contents
:
The following is a list for the contents of the final
				application to be submitted to the State Board of Education.
The contents
				must be arranged in the order listed below:
1. Sections A and B of the application form
			 with all information provided (required)
2. Responses to all inquiries in Section D in
			 the prescribed order and numbered accordingly
3. Applicant's attachments (if any)
			 supporting narrative responses
4. A
			 copy of the school's calendar and daily schedule (required)
5. Facilities Utilization Agreement
			 (required)
6. Proposed two-year
			 budget estimate using worksheet provided (required)
7. Proposed salary schedule for both
			 administrative and teaching positions (required)
8. Evidence of status as eligible entity
			 (required)
9. Evidence of parental
			 and community support (required)
10. Signed Statement of Assurances Form
			 (required)
Submit the original copy of the application
with
				original pages for all attachments including original signatures on any
				attachment requiring a signature. DO NOT STAPLE THE ORIGINAL APPLICATION PAGES
				NOR ANY OF THE ORIGINAL ATTACHMENTS.
In addition to the original unbound copy of the application and
				all attachments,
please submit: Twelve (12) one sided bound/stapled
				copies (no notebooks); One (1) CD copy of the application
in Microsoft
				Word, or Adobe Acrobat pdf file. Please ensure that the information saved on
				the CD can be accessed. CD should be labeled with the name of the proposed
				school.
All application materials must be received by the Charter
				School Office at the Arkansas Department of Education by 4:00 p.m. on August
				31.
Please make sure that applications being submitted by United States
				Postal Service are done so in a timely manner as to be received in the Charter
				School Office by the deadline. Facsimile transmissions (FAX) will not be
				accepted, and any application received after 4:00 p.m. on August 31 will not be
				forwarded to the State Board of Education for consideration. Applications
				should be mailed or hand-delivered to:
Arkansas Department of Education
Charter School Office Four Capitol Mall, Room 302-B
Little Rock, AR 72201
D.
REQUIRED INFORMATION
The applicant for the proposed open-enrollment charter, if
				approved by the State Board of Education, agrees to operate the educational
				program described below in accordance with the provisions described within this
				document, Arkansas Code Annotated §
										6-23-101 et seq, the State
				Board of Education Rules Governing Charter Schools, and the attached
				assurances. This is a narrative description of various components of the
				proposed charter school, and the responses to the following inquiries including
				any supporting attachment pages
must be limited to no more than 55
				pages.
Application Standards:
1. Describe the results of the public
			 hearing, which was held for the purpose of assessing support for the
			 establishment of this open-enrollment public charter school. Provide copies of
			 any supporting evidence received.
2. Provide documentation that each of the
			 following requirements of Arkansas Code Annotated §
										6-23-302
			 were met:
A. The notice of the public hearing
			 was published on a weekly basis for at least three (3) consecutive weeks prior
			 to the date of the hearing in a newspaper having general circulation in the
			 school district in which the school will likely be located.
B. The notice of the public hearing shall not
			 be published in the classified or legal notice section of the
			 newspaper.
C. The last publication
			 date of the notice shall be no less than seven (7) days prior to the public
			 meeting.
D. Within seven (7)
			 calendar days following the first publication of the notice of the public
			 hearing, letters announcing the public hearing shall be sent to the
			 superintendent of each of the school districts from which the open-enrollment
			 public charter school is likely to draw students for the purpose of enrollment
			 and the superintendent of any district that is contiguous to the district in
			 which the open-enrollment public charter school will be located. The letters
			 shall identify, at a minimum, the full legal name of the eligible entity which
			 intends to apply for a charter; a contact person's name, full address, daytime
			 telephone number, and e-mail address; the name of the proposed open-enrollment
			 public charter school; and the proposed location of the proposed
			 open-enrollment public charter school.
3. Describe the governing structure of the
			 open-enrollment charter, including board composition, selection process, and
			 responsibilities. Also describe the role of the administrators, faculty,
			 parents, students, and community members in the leadership and decision-making
			 of the school. As part of your response, please answer the following specific
			 questions:
A. Identify what individual job
			 position(s) or entity(s) will have final decision-making authority for the
			 school in the areas of (1) finance and purchasing; (2) student discipline; (3)
			 hiring and firing of staff; and (4) hiring and firing of the school director or
			 superintendent.
B. Specify how the
			 final decision-maker(s) identified in response to (3)(A) above will be selected
			 or elected, including (1) length of term, (2) method of selection or election,
			 and (3) who will have the authority to participate in the selection or election
			 process.
C. Explain how and to what
			 extent the school's leadership will be accountable to parents.
4. Give the mission statement for
			 the proposed open-enrollment public charter school.
5. Describe the educational need for the
			 school.
6. Describe the educational
			 program to be offered by the open-enrollment public charter school.
7. List the specific measurable goals in
			 reading, reading comprehension, mathematics, and mathematic reasoning based on
			 the state mandated assessments, and any other assessment tools if used, for
			 improving student academic achievement for each year of the public charter
			 schools' initial five (5) year period.
8. Describe the process that will be used to
			 develop and align the curriculum with the Arkansas Curriculum Frameworks. Also
			 describe plans to implement the curriculum requirements of the Common Core
			 Standards in accordance with the timeframe adopted by the State Board of
			 Education.
9. Describe the
			 geographical area to be served by the charter, and list all school districts
			 within the geographical area that may be affected by the open-enrollment public
			 charter school.
10. Describe the
			 plan for the school officials to provide an annual report to parents, the
			 community, and the State Board of Education that demonstrates the progress made
			 by the charter school during any previous academic year in meeting its academic
			 performance objectives.
(See ADE Rules Governing Standards for
			 Accreditation of Arkansas Public Schools and School
			 Districts)
11. Describe
			 the enrollment criteria and student admission, recruitment and selection
			 processes for the proposed public charter school. Include a statement that a
			 random, anonymous student selection method will be utilized in the event that
			 more students apply for admission to the open-enrollment public charter school
			 than can be accommodated under the terms of the charter, except as allowed for
			 in Arkansas Code Annotated §
										6-23-306(14)(C).
			 Should an applicant believe that the use of a weighted lottery is required by
			 federal court or administrative order, the applicant shall furnish a copy of
			 the order.
12. Summarize the job
			 descriptions of the school director and other key personnel. Specify the
			 qualifications to be met by professional employees (administrators, teachers,
			 counselors, etc.) of the program. List the types of administrative positions,
			 teaching positions, and support positions and how many of each.
13. Explain how the school will conduct its
			 business office, with what personnel, and describe the process by which the
			 governance structure of the school will adopt an annual budget.
14. Describe the manner in which an annual
			 audit of the financial and programmatic operations of the school will be
			 conducted. Act 993 of 2011 requires that the Division of Legislative Audit
			 conduct every new charter school's first-year audit unless the State Board
			 approves otherwise. If the school wishes to utilize a licensed accountant or
			 licensed certified public accountant to perform the first-year audit, please
			 identify the accountant by name, firm, address, and phone number. The named
			 accountant must meet the requirements of ADE Rules Governing Publicly Funded
			 Educational Institution Audit Requirements, including the prohibition on
			 auditors providing non-audit services (such as accounting or consulting
			 services) to auditees. A school's preference as stated in this Application may
			 not be changed without prior approval of the State Board of
			 Education.
15. Provide a statement
			 affirming that the public charter school will participate in the Arkansas
			 Public School Computer Network, as required by state statute and by State Board
			 of Education rule, for reporting both education data and financial data,
			 including grant funds or private donations received directly by the charter
			 school itself.
16. Describe the
			 facilities to be used. Give the present use of the facility. If the facility to
			 be used for the school is a facility of a school district, describe the terms
			 established by the local school board of the district stipulating the
			 relationship between the proposed public charter school and the district
			 pertaining to the use of the facility. Attach a copy of the agreement, signed
			 by the president of the local school board, the chair or president of the
			 governing body of the proposed open-enrollment public charter school, and the
			 chief operating officer of the proposed charter. If the facility is not
			 operated by a school district, attach a copy of the Facilities Utilization
			 Agreement, signed by the entity owning or operating the facility and the chief
			 operating officer of the proposed charter. A proposed lease may also be
			 submitted but is not required. Please note that any lease or other debt must be
			 approved by the Commissioner of Education.
Please identify the owner(s) of the proposed facility and
				describe their relationship, if any, with:
(1) Members of the local board of the public
			 school district where the proposed open-enrollment public charter school will
			 be located,
(2) Employees of the
			 public school district where the proposed open-enrollment public charter school
			 will be located,
(3) The eligible
			 entity sponsoring the open-enrollment public charter school, or
(4) Employees/directors/administrators of the
			 sponsoring entity or proposed open-enrollment public charter school.
Include a statement that the facility will comply with all
				requirements for accessibility in accordance with the Americans with
				Disabilities Act (ADA) and Individuals with Disabilities Education Act (IDEA)
				and all other state and federal laws. If the facility does not currently meet
				these requirements, provide a list of items that will need to be addressed to
				bring the facility into compliance. Also include a statement of permissible
				uses for the facility from the local zoning authority, and whether there are
				any alcohol sales within 1000 feet of the facility.
An open-enrollment public charter school shall not commence
				operations with students in any facility unless the school has obtained a
				certificate of occupancy issued by a local code official approved by the state
				fire marshal, a certificate of occupancy or other approval of the state fire
				marshal, or a certificate of substantial completion issued by a licensed
				architect. The occupancy limits of any facility shall be as determined by the
				local code official or state fire marshal.
17. For each and every individual
			 specifically identified by name in Section A of the Application (the contact
			 person, chief operating officer, board members, and other individuals),
			 identify any family or financial relationship which may exist between that
			 individual and:
(A) Any other individual
			 specifically identified by name in Section A of the Application;
(B) Any individual or entity whom the
			 sponsoring entity or charter school has contracted with, or intends to contract
			 with, to provide any services or products for the proposed charter school;
			 or
(C) The owner(s) of the
			 facilities to be used.
For the purpose of this Standard, an individual has a financial
				relationship with another individual or entity if he or she:
(1) Receives compensation or benefits
			 directly or indirectly from the entity or individual;
(2) Is an officer, director, partner,
			 employee, or owner of more than 5% of the shares of an entity that is a
			 corporation, partnership, sole proprietorship, or LLC; or
(3) Has a family member (spouse, sibling,
			 parent or child, or the spouse of a sibling, parent, or child) who is an
			 officer, director, partner, employee, or owner of more than 5% of the shares of
			 an entity that is a corporation, partnership, sole proprietorship, or
			 LLC.
18.
			 Describe the manner in which the school will make provisions for the following
			 student services unless a waiver is being sought:
A) Guidance Program
B) Health Services
C) Media Center
D) Transportation
E) Special Education
F) Alternative Education, including
			 Alternative Learning Environments
G) Gifted and Talented Program
Please note that under federal guidelines students with
				disabilities shall be provided specific services and all aspects of IDEA apply.
				The public charter school cannot waive the responsibility of providing services
				for students with disabilities.
19. Describe the manner in which the school
			 will make provisions for food services. State whether the proposed charter
			 school will apply to participate in the federal National School Lunch program
			 or other federal nutrition programs.
20. Describe how the parents or guardians of
			 the enrolled students will be involved with the school and its educational
			 programs.
21. List the provisions
			 of Title 6 of the Arkansas Code Annotated (Education Code), State Board of
			 Education rules, and sections of the
Standards for Accreditation of
			 Arkansas Public Schools and School Districts
that the open-enrollment
			 public charter school seeks to be exempted from in order to meet the goals of
			 the school. Identify the specific statute, rule, or standard requested to be
			 waived by title and section number if applicable.
Provide a brief
			 description of the rationale for each waiver requested.
22. Describe the potential impact of the
			 proposed open-enrollment public charter school on the efforts of affected
			 public school district(s) to comply with court orders and statutory obligations
			 to create and maintain a unitary system of desegregated public
			 schools.
Attachments must be included in the following
				order:
* Applicant's attachments (if any) supporting narrative
				responses
* A copy of the school's calendar and daily schedule
				(required)
* Facilities utilization agreement (required)
* Proposed two-year budget estimate using worksheet as provided
				(required)
* Proposed salary schedule for both administrative and teaching
				positions (required)
* Evidence of status as eligible entity (required)
* Evidence of parental and community support (applicant's
				attachments)
* Signed Statement of Assurances Form (required)
OPEN-ENROLLMENT
PUBLIC CHARTER SCHOOL FACILITIES
				UTILIZATION AGREEMENT
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Charter School Budget Information
The Budget Worksheet has been developed for application
				purposes. It is intended to challenge the applicant to consider the many
				expenses incurred in the operation of a school. It is formatted to expedite the
				application process. Budget revenues must equal or exceed expenses for each
				school year.
Upon approval of the Open-Enrollment Public Charter School, the
				ADE Public School Finance and Administrative Support Section will provide
				technical assistance. At that time, a detailed budget will be developed
				specific to the terms of the Charter. That budget will also meet the data
				reporting requirements of the Arkansas Public School Computer Network.
The Budget Worksheet is to be used as an estimate of the
				Revenues and Expenditures associated with the operation of the Open-Enrollment
				Public Charter School. The Expenditures section is a comprehensive overview of
				the normal expenses incurred in the operation of a school.
The following definitions are provided to assist the applicant
				in the completion of the Budget Worksheet:
The "Number of Students" is the number of students expected to
				be enrolled in the open-enrollment public charter school. The description of
				student numbers including addition of students by year and or grade must
				clearly be defined within the application.
All public schools in Arkansas receive "foundation funding," a
				set amount of money per student based upon average daily membership, the amount
				determined necessary to provide all students with an adequate education. Please
				note the funding amounts are based on the 2012-2013 amounts, as the General
				Assembly has not yet determined the funding amounts for future years.
Number of Positions, both certified and non-certified should be
				stated as the full time equivalent (FTE) of each position. For example, if the
				Charter will have 5 FTE's position at 1.00 and 3 part-time FTE's positions at
				.50 employees: the 5.00 FTE's position equal a total of 5.00 FTE's positions,
				the 3 part-time .50 FTE's positions equal a total of 1.50 FTE's positions, for
				a grand total of 6.50 FTE's positions.
Fringe Benefits at a minimum should include F.I.C.A., teacher
				retirement, health insurance, and unemployment obligations.
Two budget worksheets must be completed, one for the school's
				first year of operation and one for the school's second year of operation. The
				proposed budget should not rely on one-time grants or other funds that are not
				presently guaranteed.
Public Charter School Application Estimated Budget
				Worksheet, Year One (2013-2014)
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Public Charter School Application Estimated Budget
				Worksheet, Year Two (2014-2015)
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OPEN-ENROLLMENT
PUBLIC CHARTER SCHOOL APPLICATION
				STATEMENT OF ASSURANCES
The signature of the President of the Board of Directors of the
				proposed public charter school's sponsoring entity certifies that the following
				statements are and will be addressed through policies adopted by the sponsoring
				entity and policies to be adopted by the public charter school; and, if the
				application is approved, that the sponsoring entity, governing body,
				administration, and staff of the open-enrollment charter shall abide by
				them:
1. The information submitted in
			 this application is true to the best of my knowledge and belief and this
			 application has been sent to the superintendent of all the districts from which
			 we intend to draw students.
2. The
			 proposed open-enrollment public charter school shall be open to all students,
			 on a space-available basis, and shall not discriminate in its admission policy
			 on the basis of gender, national origin, race, ethnicity, religion, disability,
			 or academic or athletic eligibility, except as follows: the open-enrollment
			 public charter school may adopt admissions policies that are consistent with
			 federal law, regulations, or guidelines applicable to charter schools. The
			 charter may provide for the exclusion of a student who has been expelled from
			 another public school district.
3.
			 In accordance with federal and state laws the proposed open-enrollment public
			 charter school hiring and retention policies of administrators, teachers, and
			 other employees shall not discriminate on the basis of race, color, national
			 origin, creed, sex, ethnicity, sexual orientation, mental or physical
			 disability, age, ancestry, or special need.
4. The proposed open-enrollment public
			 charter school shall operate in accordance with federal laws and rules
			 governing public schools; applicable provisions of the Arkansas Constitution;
			 and state statutes or regulations governing public school not waived by the
			 approved charter.
5. An
			 open-enrollment public charter school shall not use the moneys that it receives
			 from the state for any sectarian program or activity, or as collateral for
			 debt.
However, open-enrollment public charter schools may enter into
				lease-purchase agreements for school buildings built by private entities with
				facilities bonds exempt from federal taxes under 26 USCS 142(a) as allowed by
				Arkansas Code Annotated §
											6-20-402.
				No indebtedness of an open-enrollment public charter school shall ever become a
				debt of the state of Arkansas.
6. The proposed open-enrollment public
			 charter school shall not impose taxes or charge students tuition or fees that
			 would not be allowable charges in the public school districts.
7. The proposed open-enrollment public
			 charter school shall not be religious in its operations or programmatic
			 offerings.
8. The proposed
			 open-enrollment public charter school shall ensure that any of its employees
			 who qualify for membership in the Arkansas Teacher Retirement System or the
			 State and Public School Employee Insurance Program shall be covered under those
			 systems to the same extent a qualified employee of a traditional school
			 district is covered.
9. The
			 employees and volunteers of the open-enrollment public charter school are held
			 immune from liability to the same extent as other public school district
			 employees and volunteers under applicable state laws.
10. The open-enrollment public charter school
			 shall be reviewed for its potential impact on the efforts of a public school
			 district or public school districts to comply with court orders and statutory
			 obligations to create and maintain a unitary system of desegregated public
			 schools.
11 . The proposed
			 open-enrollment public charter school shall comply with all health and safety
			 laws, rules and regulations of the federal, state, county, region, or community
			 that may apply to the facilities and school property.
12. The charter applicant should know that
			 certain provisions of state law shall not be waived. The proposed
			 open-enrollment public charter school is subject to any prohibition,
			 restriction, or requirement imposed by Title 6 of the Arkansas Code Annotated
			 and any rule and regulation approved by the State Board of Education under this
			 title relating to:
(a) Monitoring compliance
			 with Arkansas Code Annotated §
											6-23-101 et seq. as
			 determined by the Commissioner of the Department of Education;
(b) Conducting criminal background checks for
			 employees;
(c) High school
			 graduation requirements as established by the State Board of
			 Education;
(d) Special education
			 programs as provided by this title;
(e) Public school accountability under this
			 title;
(f) Ethical guidelines and
			 prohibitions as established by Arkansas Code Annotated §
											6-24-101
et seq.,
and any other controlling state or federal law
			 regarding ethics or conflicts of interest; and
(g) Health and safety codes as established by
			 the State Board of Education and local governmental entities.
13. The facilities of the proposed
			 public charter school shall comply with all requirements for accessibility for
			 individuals with disabilities in accordance with the ADA and IDEA and all other
			 state and federal laws.
14. Should
			 the open-enrollment public charter school voluntarily or involuntary close, the
			 applicant should know that any fees associated with the closing of the school
			 including but not limited to removal of furniture, equipment, general expenses,
			 etc, are the sole responsibility of the sponsoring entity. No indebtedness of
			 any kind incurred or created by the open-enrollment public charter school shall
			 constitute an indebtedness of the state or its political subdivisions, and no
			 indebtedness of the open-enrollment public charter school shall involve or be
			 secured by the faith, credit, or taxing power of the state or its political
			 subdivisions. Upon dissolution of the Open Enrollment Public Charter School or
			 upon nonrenewal or revocation of the charter, all net assets of the Open
			 Enrollment Public Charter School, including any interest in real property,
			 purchased with public funds shall be deemed the property of the state, unless
			 otherwise specified in the charter of the Open Enrollment Public Charter
			 School. If the Open Enrollment Public Charter School used state or federal
			 funds to purchase or finance personal property, real property or fixtures for
			 use by the Open Enrollment Public Charter School, the State Board of Education
			 may require that the property be sold. The state has a perfected priority
			 security interest in the net proceeds from the sale or liquidation of the
			 property to the extent of the public funds used in the purchase.
________________________________________
				Date:__________________
Signature of
President of the Sponsoring Entity Board of Directors
________________________________________
Print or type name
Open-Enrollment
Public Charter School Application
				Checklist
[] Submit one (1) page letter of intent by certified mail,
				following the letter of intent guidelines to ADE Charter School Office. Letter
				of intent
must be received by the Charter School Office no later than
				4:00 p.m., June 30.
[] Submit copy of letter of intent to superintendent of local
				district by certified mail. Letter of intent
must be received by the
				local district no later than 4:00 p.m., June 30.
Provide verification in
				the form of certified mail receipts and a copy of the letter to ADE Charter
				School Office. Documentation shall be included in the charter school
				application.
[] Publish the notice of public hearing following these
				requirements
A. The notice of the
			 public hearing was published on a weekly basis for at least three (3)
			 consecutive weeks prior to the date of the hearing in a newspaper having
			 general circulation in the school district in which the school will likely be
			 located.
B. The notice of public
			 hearing shall not be published in the classified or legal notice section of the
			 newspaper.
C. The last publication
			 of notice shall be no less than seven (7) days prior to the public
			 meeting.
D. Within seven (7)
			 calendar days following the first publication of the notice of the public
			 hearing, letters announcing the public hearing shall be sent to the
			 superintendents of each of the school districts from which the open-enrollment
			 public charter school is likely to draw students for the purpose of enrollment
			 and the superintendents of any district that is contiguous to the district in
			 which the open-enrollment public charter school will be located.
Documentation that these requirements have been met must
				be included in the charter school
				application.
[] Conduct the public hearing; include results of the public
				hearing in the charter school application.
[] Additional check points for the charter application
* Responses to section D of the application, including
				attachments, cannot exceed 55 pages
* Sections A and B of the application form are completed
* Facilities utilization agreement must be included
* Copy of proposed two-year budget estimate must be
				included
* Copy of the proposed school calendar must be included
* Copy of the proposed daily schedule must be included
* Copy of proposed salary schedule must be included
* Documentation of status as eligible entity must be
				included
* Evidence of parental and community support
* Signed statement of assurance page must be included
[] Submit final copies of the charter school application to ADE
				Charter School Office as follows:
* 1 original copy with original signatures (unbound)
* 12 copies of the original (bound/stapled, no
				notebooks)
* 1 cd copy in either Microsoft Word or Adobe Acrobat PDF
				(labeled)
* Submit final copy of the charter school application to the
				attention of the superintendent of the public school district where the
				open-enrollment public charter school will be located by August 31. Include
				verification in the form of certified mail receipt and a copy of the letter as
				attachment in the charter school application.
* Submit copies of charter school application to the
				superintendent of all school districts to be affected by the proposed charter
				school by certified mail by August 31. Include verification in the form of
				certified mail receipts and a copy of the letter as attachment in the charter
				school application.
* If the local school board denies the application for an
				open-enrollment public charter school and the applicant intends to appeal the
				decision, a letter of appeal by certified mail must be submitted to the ADE
				Charter School Office within ten (10) days of receiving official notification
				of the local board's decision.
It is the applicant's responsibility to comply with all
				aspects of Arkansas Code Annotated §
											6-23-101 et seq., the ADE
				Rules Governing Charter Schools, and the requirements outlined in the
				application for an open-enrollment public charter school. Contact the ADE
				Charter School Office for questions and for assistance with developing the
				application.
SUGGESTED LEASE AGREEMENT FORM (Sample)
This Agreement, made this ____________ day of____________,
				between _________________, whose address is ___________ (the Lessor)
				and____________, whose address is__________________, (the Lessee)
				Witnesseth:
1. Leased Premises. For
			 and in consideration of the rents, covenants and agreements herein entered into
			 and agreed upon by the Lessee as obligations to the Lessor, the Lessor lets,
			 leases and demises until Lessee, subject to the terms and conditions contained
			 herein, the following described property situated in ____________ County,
			 Arkansas:
(DESCRIPTION)
To have and to hold the premises unto the Lessee for and during
				the term herein stated, subject to the covenants, terms, conditions and liens
				herein contained.
2. Term.
			 This lease shall commence on_____________, and shall extend for a term of
			 __________ [years] [months], ending at midnight on_______________. [Note: If
			 the lease is a periodic tenancy, rather than an estate for years, these
			 provisions will have to be altered accordingly.]
3. Rent. Lessee agrees to pay to Lessor as
			 rental for the full term of this lease the sum of $____________, payable in
			 ________ equal [monthly] installments of $___________ each, to be paid in
			 advance on the first day of____________, and on the first day of each and every
			 [month] thereafter during the term of this lease.
4. Signs. Lessee shall not erect or install
			 any exterior signs or advertising of any kind without the written consent of
			 Lessor having first been obtained. Lessee agrees not to utilize any form of
			 advertising that may or shall be deemed objectionable to Lessor or to the
			 general public, including but not limited to loudspeakers, phonograph or
			 related electronic equipment, radios, or similar devices which will be operated
			 in such a manner as to project sound outside of the leased premises.
5. Lessor's Repairs. Lessor shall maintain
			 the exterior walls, doors and roof of the structure[s] upon the leased premises
			 in a reasonable state of repair [and shall make such repairs to the surface of
			 the parking area] as may be required to keep and maintain the same in a good
			 and tenantable condition. If Lessee is deprived of the use of [a substantial
			 portion] [more than _________percent] of the leased premises during the making
			 of any such repairs by the Lessor, the rent shall be abated or proportionately
			 reduced according to the extent to which Lessee is deprived of such
			 use.
6. Lessee's Repairs. Lessee
			 shall keep the interior of the building, including interior walls and doors,
			 wiring, plumbing, and window and door glass, in good repair, and shall maintain
			 the heating and air conditioning equipment, all at Lessee's expense. Lessee
			 agrees to satisfy promptly any lien or valid claim asserted against the leased
			 premises for work done or materials furnished. Lessee shall, at the
			 termination, surrender or forfeiture of this lease, return the premises with
			 the interior, including all of the above items, in as good and satisfactory
			 condition as the same was at the beginning of the lease, normal wear and tear
			 excepted.
7. Taxes. [Lessor]
			 [Lessee] shall pay any and all ad valorem taxes and special improvement
			 district taxes levied and assessed against the premises and the improvements
			 located thereon during the term of this lease. Such taxes and assessments shall
			 be pro-rated for any fractional calendar year.
8. Use. Lessee agrees to use the leased
			 premises for the purpose of operating a public charter school and for no other
			 purpose or purposes without the written consent of Lessor and the Arkansas
			 State Board of Education having been obtained in advance.
9. Payment of Rent and Notices. The rent
			 payable hereunder shall be paid to Lessor at_____________. Any notice provided
			 for herein shall be given by certified mail with postage prepaid, addressed, if
			 to Lessor, at the address to which the rent is then paid, and if to Lessee, at
			 ____________. The person and the place to which notices are to be mailed may be
			 changed by either party by notice to the other party.
10. Assignment. Lessee shall not assign this
			 lease or sublet the leased premises without prior written consent of the Lessor
			 and the Arkansas State Board of Education. Any such assignment or subletting
			 shall in no way relieve Lessee from liability for the obligation imposed by
			 this lease. Lessee may only be released from liability by a specific written
			 release executed by Lessor.
11.
			 Lessee's Default. If Lessee shall be in default as to the payment of rent for a
			 period of [thirty (30) days], or as to any other covenant herein provided for
			 more than [thirty (30) days] after receipt of notice from Lessor specifying
			 such default, or if any petition be filed in bankruptcy, including petitions
			 for arrangements and reorganizations, by or against Lessee and such petition be
			 not dismissed within [thirty (30) days] after its filing, or if a receiver or
			 trustee be appointed for Lessee by reason of Lessee's insolvency or inability
			 to pay its creditors, Lessor shall have the right, without limitation upon any
			 other rights which may be given Lessor by law or by any other provision of this
			 lease agreement, to re-enter the leased premises and relet the same as agent
			 for Lessee upon the best terms and conditions reasonably obtainable, and Lessee
			 shall be liable to the Lessor for the difference, if any, between the rent so
			 obtained and the minimum rent stipulated to be paid in this lease. Lessee
			 agrees that in such event [he, it] will vacate the leased premises without
			 further notice, and if it becomes necessary to bring any legal action to
			 recover possession, Lessee agrees to pay a reasonable fee for the attorney of
			 Lessor in such action. Lessor agrees that upon the occurrence of any event of
			 default listed in this paragraph, Lessor shall give notice of default to the
			 Arkansas Department of Education, Attn: Legal Services, Four Capitol Mall, Room
			 404-A, Little Rock, AR 72201.
12.
			 Non-Waiver. It is agreed that the failure of Lessor to invoke any of the
			 available remedies under this lease or under law in the event of one or more
			 breaches or defaults by Lessee under the lease shall not be construed as a
			 waiver of such provisions and conditions and shall not prevent Lessor from
			 invoking such remedies in the event of any future breach or default.
13. Holdover. Lessee hereby agrees that upon
			 the termination of this lease by expiration or by earlier termination for any
			 reason whatsoever, Lessee will peaceably deliver possession of the leased
			 premises to Lessor. In the event Lessee shall be permitted by Lessor to hold
			 over after the expiration or termination of this lease, or any extension
			 thereof, such holding over (in the absence of any written agreement to the
			 contrary) shall be construed as a tenancy from calendar month to calendar month
			 at a monthly rental equal to the rental for the last month paid under this
			 lease. A month-to-month tenancy arising by Lessee's holding over under this
			 paragraph may be terminated by written notice from either party to the other
			 party on or before the day on which any monthly rent is due with termination
			 not becoming effective until the day on which the next following monthly rental
			 would have otherwise become due. In the event it should become necessary for
			 Lessor to institute any action at law to recover possession at the time of
			 termination, whenever and however termination may occur, Lessee agrees that it
			 will pay all costs and expenses of such action, including reasonable attorneys'
			 fees.
14. Casualty. If at any time
			 the leased premises, [or the building which forms the principal component of
			 the leased premises,] should be damaged by fire, or other major casualty not
			 the fault of Lessee, and the cost of repairing the damage does not exceed
			 twenty percent (20%) of the value of the improvements of the premises herein
			 leased, [or the building which forms the principal component part of the leased
			 premises,] then Lessor shall as soon as reasonably practicable repair the
			 damage caused by fire or other casualty. If, however, the damage should exceed
			 twenty percent (20%) of the value of the improvements of the premises herein
			 leased, [or the building which forms the principal component part of the leased
			 premises,] then Lessor shall have the option of either repairing the premises
			 as set out above or terminating this lease as of the date of fire or other
			 casualty by notice to Lessee within thirty (30) days after such date. If the
			 damage should render the leased premises untenantable for the use of the
			 Lessee's business as set forth herein, the rental from the date of fire, or
			 other major casualty not the fault of Lessee, to the date of the completion of
			 the restoration of the premises shall be abated, such abatement being figured
			 on a pro rata basis of the rentals, herein provided.
15. Condemnation. In the event all of the
			 leased premises or such part thereof as renders the leased premises unsuitable
			 for use in the activity or business of the Lessee, shall be acquired or taken
			 by eminent domain for any public or quasi-public purpose, then the term of this
			 lease shall cease and terminate as of the date of taking.
In the event that a partial taking does not render the leased
				premises unsuitable for use in the activity or business of the Lessee, this
				lease shall continue in full force and effect with a reduction in the rent
				proportionate to the amount of usefulness or necessity of the leased premises
				actually taken.
All damages awarded as a result of any taking, except such
				damages as are herein defined as Lessee's damages, shall be awarded to Lessor.
				Lessee shall be entitled to receive all damages which are compensation for
				damages to the leasehold estate and for removal of Lessee's business, fixtures,
				furniture and equipment. Lessee's right to damages shall be a right against the
				taking authority alone, and Lessee shall not be entitled to recover any damages
				from Lessor.
16. Insurance
			 on Improvements. [Lessee] shall maintain, at [Lessee's] expense, fire, hazard
			 and extended coverage insurance, [including plate glass insurance,] in the
			 amount of the replacement value of any improvements erected upon the leased
			 premises. A certificate of such insurance shall be delivered to [Lessor] prior
			 to the inception of this lease. [Lessee] shall reimburse [Lessor] for the
			 premiums paid for such insurance upon receipt of notice of the amount due, if
			 [Lessor] is required to pay such premiums.
17. Insurance on Lessee's Property. Lessee
			 shall be solely responsible for maintaining insurance on [his, its] property,
			 including but not limited to movables, trade fixtures installed by Lessee,
			 furniture, furnishings and inventory.
18. Liability Insurance. Lessee shall, during
			 the term of this lease, maintain public liability insurance on the leased
			 premises and on the business operated by the Lessee or any subtenant occupying
			 the leased premises. The limits of such public liability insurance shall not be
			 less than __________ per person, __________per accident, and ___________ for
			 property damage. The policy representing such insurance shall name Lessor, [its
			 successor, or his heirs] and assigns, and Lessee as insured. Such policy shall
			 contain a clause that the insurer will not cancel or change the insurance
			 without giving Lessor, [its successors, or his heirs] or assigns, ten (10)
			 days' written notice, and a certificate of such insurance shall be delivered to
			 Lessor prior to the inception of this lease.
19. Common Areas. Any parking area or other
			 common areas which Lessor may provide shall be for the joint use of Lessor,
			 Lessee, other tenants of Lessor, and the customers, invitees and employees of
			 Lessor, Lessee, and other tenants of Lessor; Lessor hereby grants to Lessee the
			 right, during the term of this lease, to use any parking area and other common
			 areas which may be provided in common with others entitled to the use thereof.
			 The use thereof shall be subject to such reasonable regulations or limitations
			 as Lessor shall make or require from time to time.
20. Compliance with Laws. Lessor and Lessee
			 agree not to violate any law, ordinance, rule or regulation of any governmental
			 authority having jurisdiction of the leased premises and, if required solely by
			 reason of Lessee's type of business, to make nonstructural repairs,
			 improvements and alterations to the interior of the building on the leased
			 premises and the common areas required by such authority.
21. Trash. All trash and refuse deposited
			 outside the building must be placed in sufficient receptacles furnished by
			 Lessee [approved by the Public Works Department].
22. Title and Quiet Enjoyment. Lessor
			 covenants and warrants that it is the owner in fee simple absolute of the
			 leased premises and may lease the premises as herein provided. Upon payment by
			 Lessee of the rents herein provided and upon the observance and performance of
			 all the covenants, terms and conditions upon Lessee's part to be observed and
			 performed, Lessee shall peaceably and quietly hold and enjoy the demised
			 premises for the term hereby demised without hindrance or interruption by
			 Lessor or any other person or persons lawfully or equitably claiming by,
			 through or under Lessor, subject to the terms and conditions of this
			 lease.
23. Succession. This lease
			 agreement shall inure to the benefit of and be binding upon the parties hereto
			 and their respective heirs, successors and assigns.
24. Waste. Lessee agrees not to commit waste,
			 nor permit waste to result or to be done to or upon the property and premises;
			 not to conduct any business thereon or therein, nor store or permit to be
			 stored thereon or therein any explosives, combustible substances or materials
			 of any nature, which would increase the fire hazard or cause a premium to be
			 charged for insurance higher than that charged for the present use of such
			 property; and not to operate, nor permit to be operated, nor to exist thereon
			 or therein, any public or private nuisance.
25. Assets. Lessor and Lessee agree that
			 pursuant to Ark. Code Ann. §
										6-23-506:
			 Upon dissolution of the open-enrollment charter school or upon non-renewal of
			 the charter, all net assets of the open-enrollment charter school purchased
			 with public funds shall be deemed the property of the State, unless otherwise
			 specified in the charter of the open-enrollment charter school. Lessor agrees
			 to give the State reasonable time and opportunity to remove such assets from
			 the premises upon any event of default or any re-entry or re-letting as allowed
			 by paragraph 11.
26. State
			 Immunity. Lessor and Lessee agree that no indebtedness of any kind incurred or
			 created by the open-enrollment charter school shall constitute an indebtedness
			 of the State or its political subdivisions, and no indebtedness of the
			 open-enrollment charter school shall involve or be secured by the faith, credit
			 or taxing power of the State or its political subdivisions.
Furthermore, Lessor and Lessee agree that the Lessee shall not
				use the moneys received from the State pursuant to Ark. Code Ann. §§
											6-23-101,
				6-23-201,
				6-23-301,
				6-23-401
				or
				6-23-501
				et seq., for any sectarian programs or activity or as collateral for any debt,
				including any debt incurred by Lessee to Lessor pursuant to the provisions of
				the Lease Agreement.
27.
			 Use of State Funds. Lessor and Lessee agree that Lessee shall not pay for any
			 improvements, upgrades, additions or repairs to the leased facility described
			 herein except as a reasonable part of the agreed upon rent payment described in
			 paragraph 3 and those agreed upon Lessee repairs agreed upon in paragraph 6 of
			 this Agreement. Furthermore, to the extent that any portion of rent payment in
			 paragraph 3 or Lessee repairs in paragraph 6 are to be paid from State funding,
			 the Lessor and Lessee shall provide a detailed budget and expenditure report
			 specifying exactly that portion of rent payment or repair cost concerning any
			 improvements, upgrades, additions or repairs to the lease facility and the
			 amount of State funds to be used to support those components of the rent or
			 repair cost to the Lessee.
28.
			 State Approval. Lessor and Lessee agree that to the extent this Lessee will use
			 any State funds from the Arkansas Public School Fund to pay the obligations of
			 this lease agreement, the Lessee is first required to submit a copy of a
			 detailed lease agreement (along with attached budget and expenditure report)
			 setting forth all terms required herein along with any other relevant
			 information required by the Arkansas Department of Education and obtain the
			 express approval of the Commissioner of Education; otherwise this Agreement
			 shall be considered null and void. Furthermore, neither the Lessor nor the
			 Lessee shall change the terms or conditions of this Agreement without first
			 obtaining the express approval of the Commissioner of Education. Any such
			 change without the express approval of the Commissioner of Education shall be
			 considered null and void to the extent State funds are used as consideration to
			 meet the obligations contained herein. Notwithstanding any other provision
			 herein, the Lessor and Lessee agree that the State of Arkansas, the Arkansas
			 State Board of Education, the Commissioner of Education, and the Arkansas
			 Department of Education are neither parties to nor third-party beneficiaries of
			 this Lease Agreement.
29. Health,
			 Safety, Facility and Zoning Codes. The Lessor and Lessee agree that the above
			 described lease facility and the location of the facility comply with and meet
			 all health, safety, facility and proper zoning codes of the State of Arkansas
			 or any political subdivisions of the State. Specifically, the Lessor agrees
			 covenants and warrants that the above described lease facility meets all state
			 and local laws, regulations and ordinances with regard to fire, safety and
			 health code conditions and requirements and that the facility is properly
			 located in an appropriate zoned area sufficiently removed from any adult
			 novelty, liquor or gaming locations of business or transaction so as to comply
			 with state or local laws, ordinances or regulations and thus be in compliance
			 with Ark. Code Ann. §
										6-23-401.
30. Severability. Each paragraph of this
			 lease agreement is severable from all other paragraphs. In the event any court
			 of competent jurisdiction determines that any paragraph or subparagraph is
			 invalid or unenforceable for any reason, all remaining paragraphs and
			 subparagraphs will remain in full force and effect.
31. Interpretation. This lease agreement
			 shall be interpreted according to and enforced under the laws of the State of
			 Arkansas.
32. Entire Agreement.
			 This lease agreement contains the entire agreement of both parties hereto, and
			 no other oral or written agreement shall be binding on the parties hereto. This
			 lease agreement supersedes all prior agreements, contracts and understandings
			 of any kind between the parties relating to the subject matter thereof. This
			 agreement may be executed in one or more counterparts, each of which shall be
			 deemed an original, but all of which together shall constitute one and the same
			 instrument.
33. Notice. All
			 notices, requests, demands and other communications required by or permitted
			 hereunder shall be in writing and shall be deemed to have been duly given when
			 received by the party to whom directed; provided, however, that notice shall be
			 conclusively deemed given at the time of its deposit in the United States mail
			 when sent by certified mail, postage prepaid, to the other party at the
			 following addresses (or at such other addresses as shall be given in writing by
			 either party to the other):
[List Addresses]
34. Release of Dower: The undersigned, wife
			 of Lessor herein, does hereby release and relinquish unto Lessee, for the term
			 hereof and any extension thereof, all rights of dower and homestead which she
			 has in the leasehold estate conveyed hereby to Lessee.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
				hands and seals on this ___________ day of ____________.
_____________________
Lessor
_____________________
[Spouse of Lessor]
_____________________
Lessee
[ACKNOWLEDGMENT]
Charter School Application Evaluation
				Instrument
The following instrument will be used to evaluate
				applications submitted to the Arkansas Department of Education ("ADE") for the
				establishment of new open-enrollment public charter schools. This instrument is
				only intended to provide clarity, transpareny and consisteny in the charter
				school application review process.
The ADE will use the following instrument only to evaluate the
				quality of an open-enrollment public charter school application against the
				criteria stated herein. For each of the application requirements, the criteria
				define the characteristics and elements of a response that meet the standard
				for charter approval. The following definitions will guide the rating of each
				information requirement:
Meets the Standard:
The response reflects a thorough understanding of key
						  issues and demonstrates capacity to open and operate a quality charter school.
						  It addresses the topic with specific and accurate information that shows
						  thorough preparation and presents a clear, realistic picture of how the school
						  expects to operate.
Partially Meets the Standard:
The response addresses most of the criteria, but
						  response lacks meaningful detail and requires important additional
						  information.
Does Not Meet the Standard:
The response lacks meaningful detail, demonstrates lack
						  of preparation, or otherwise raises substantial concerns about the applicant's
						  understanding of the issue in concept and/or ability to meet the requirement in
						  practice.
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