II. Ensuring Compliance Prior to the REview

As part of the Second-Year Review process, the charter holder is provided the opportunity to ensure its compliance with certain contractual terms that can be amended before staff conducts the Second-Year Review. If a charter holder does not ensure compliance in each of these areas prior to the Review, and Board staff identifies operational noncompliance issues, those issues will be reflected in the charter holder’s operational dashboard. 

In order to determine whether any amendment requests or other filings are required to ensure compliance with these contractual terms, the charter holder should review all contractual terms using the information on file with the Board. To view the information currently on file with the Board:

• • 1. Log in to your ASBCS online account using the Charter Representative’s user name (email address) and password. https://asbcs.my.site.com/s/

    2. Once logged into the system, you will be taken to the Dashboard.  

    3. On the Dashboard, choose the Charter Holder’s section or tab and click on Charter Holder Name.  

    4. On the Dashboard, select “Detailed Information” under the “Charter Holder” heading. 

The charter holder should review and confirm that information for the following items is accurate: 

Charter Representatives

The charter representative is an individual with the power to bind the charter holder contractually according to the charter holder’s Articles of Incorporation, operating agreement, or bylaws, and is the point of contact for the Board for the purposes of communication and accountability to charter terms and conditions. The charter holder is out of compliance with the charter contract if the charter representative(s) identified in the contract is/are not current.

To review the charter representatives currently on file with the Board, select the “Representatives” tab. The charter representatives and their contact information are listed. 

Should the charter holder need to add or delete a charter representative, it must submit a Charter Representative Amendment Request through ASBCS Online. 

Corporate Entity (Charter Holder Governance)

The members of the corporate entity comprise the charter holder's "corporate board". These are the officers, directors, members, and partners of the entity that holds the charter. These must be the same individuals who are identified on the website of the Arizona Corporation Commission ("ACC"). A charter holder is out of compliance with the charter contract if the corporate board members (or charter principals) identified in the contract are not current and/or do not align with the corporate board members identified with the ACC. This includes individuals serving in roles such as CFO or CEO that are not board members, or do not have a vote on the board. To check the organizational membership on file with the Board: 

• • 1. While logged into the system, on the Dashboard, choose the Charter Holder’s section or tab and click on Charter Holder Name.  

    2. Select the “Board” tab on the tool bar.

    3. Make note of the officers, directors, members or partners listed. 

To check the organizational membership on file with the ACC:

• • 1. Go to the Arizona Corporation Commission website

    2. In the “Search for an Entity Name” box at the top of the page, type the Charter Holder name.

    3. Select the Charter Holder from the list.

    4. Make note of the officers, directors, members or partners listed in the “Principal Information” section.

If the officers, directors, members or partners reflected on ASBCS Online do not match the current members on file with the ACC, the charter holder must either:

• • 1. Submit a Charter Holder Governance Amendment Request, or

    2. Make the appropriate filing with the ACC, or

    3. Both file the appropriate amendment request through the amendment process and make the appropriate filing with the ACC.

Should the charter holder need to make changes to the board members who are identified on filings with the ACC, the charter holder may need to make the appropriate filings with the ACC and provide Board staff with evidence of the appropriate filing(s).

School Governing Body

If the corporate entity of the charter holder has a separate governing body responsible for certain school decisions, this is known as the school governing body. The charter holder is out of compliance with the charter contract if the school governing body members identified in the contract are not current.

To review the school governing body, select the “Schools” tab. The members will be listed separately for each school under the “Governing Body” tab.

Should the charter holder wish to add or delete a school governing body member, it must submit a School Governing Body Amendment Request through ASBCS Online.

Charter Holder Location

The charter contract identifies the physical and mailing addresses for the charter holder, and for any schools operated under the charter. The charter holder is out of compliance with the charter contract if the addresses in the contract do not accurately reflect the addresses of the charter holder and the school(s) it operates. During the New Charter Application process, applicants often use a personal address as the charter holder address. You are advised to update this to a more appropriate address at this time.

School Location

The charter identifies the physical and mailing addresses for the school.  The school is out of compliance with the charter contract if the addresses in the contract do not accurately reflect the addresses of the school being operated. If the school has expanded, and the expansion has resulted in an additional address for a school, or if the city has issued a new address for one or more buildings, the charter holder should contact Board staff.

If the school has relocated, a charter holder must submit the School Location Amendment Request. 

Charter Grade Levels Served

The charter contract identifies the grade levels the charter holder is approved to serve. If the charter holder is serving grades it is not authorized to serve per the charter contract, the charter holder is considered out of compliance. 

To review the grade levels the charter holder is authorized to serve, select the “Detailed Information” link from the gray bar, then the “Grades” tab. The most current information will be found at the top of the list with an “Effective Date” but no “End Date.”

Should the charter holder wish to change the grade levels it is authorized to serve under the charter, it must submit a Grade Level Change to Charter Amendment Request through ASBCS Online. To determine whether your charter is eligible to expand, review the “Eligibility Criteria” in The Guide to Amending a Charter.

School Specific Grade Levels Served

The charter contract identifies the school specific grade levels being served at each school operated by the charter holder. If a school is serving grades that do not align with the school’s grade levels identified on ASBCS Online, the charter holder is considered out of compliance. 

To review the grade levels served, at each of the school operated by the charter holder, select the “Schools” tab. The school specific grade levels will be listed separately for each school under the “Grades” tab.

Should the charter holder wish to change the grade levels it serves at a school, it must submit a School Specific Change in Grades Served Amendment Request through ASBCS Online. 

Program of Instruction

The program of instruction should describe the methods of instruction and assessment, criteria for promotion from one level to the next, and graduation requirements. The charter holder’s program of instruction should align with the charter mission, educational philosophy, and target population as described in the charter. The charter holder is out of compliance with the charter contract if the methods of instruction, methods of assessment, criteria for promotion from one level to the next, and/or graduation requirements currently used at the schools operated by the charter holder do not align with those described in the charter contract. 

Should the charter holder wish to modify the program of instruction, it must submit a Program of Instruction Amendment Request through ASBCS Online. 

Mission Statement

The charter holder’s mission statement on ASBCS Online must maintain exact word for word alignment with the mission statement in use at the school (as reflected on the school’s website, in its handbook, etc.).

To review the mission statement currently associated with the schools operated by the charter holder, select the “General” tab. The mission statement is listed at the bottom of the page. Should the charter holder wish to modify the mission statement, it must submit a Charter Mission Amendment Request through ASBCS Online.

Instructional Days

While all charter schools must operate using a school calendar and daily instructional schedule(s) that ensure compliance with A.R.S. §15-901 regarding annual instructional hours for each grade served, there is flexibility in the number of instructional days that may be provided. The number of instructional days on file with the Board is contractual and must accurately reflect the exact number of instructional days. The charter holder is out of compliance with the charter contract if it is not providing a number of instructional days equal to the number identified in the contract. Additionally, the school must provide the minimum annual instructional hours for each grade served, per A.R.S. §15-901. 

To review the number of instructional days on file in the contract for the charter schools operated by the charter holder, select the relevant school on the “Schools”  tab, then select the “General” tab for the school. The instructional days are listed as “Contractual Days” in the “General Information” area.

Should the charter holder wish to modify the contractually required number of instructional days, it must submit an Instructional Days Amendment Request. 

Enrollment Cap

The charter contract identifies the enrollment cap, which limits the number of students the charter holder is authorized to serve. The charter holder is out of compliance with the charter contract if the number of students it serves exceeds the enrollment cap identified in the contract.

To review the enrollment cap, select the “Detailed Information” link from the gray bar, then the “Enrollment Caps” tab. The most current information will be found at the bottom of the list with an “Effective Date” but no “End Date.”

Should the charter holder wish to change the enrollment cap, it must submit an Enrollment Cap Amendment Request through ASBCS Online. 

Website

• Arizona Administrative Code and Arizona State Statute include specific requirements that must be included on a school's website. These requirements are identified on the School Website Self-Check. A charter holder is encouraged to conduct a self review using the School Website Self-Check prior to the review by Board staff.

Additional Items

The charter holder may want to consider reviewing the Compliance information found under the "Current Charter Holders" tab on the Board's website in preparation for the review.