Guam § 12114 - Basis and Procedures for Academy Charter School Probation or Revocation.

§ 12114. Basis and Procedures for Academy Charter School Probation or Revocation.

(a) The Council shall place an Academy Charter School on probation or revoke the Academy Charter

School’s Charter if the Council determines that the Academy Charter School:

(1) committed a violation of applicable law or material violation of the conditions, terms,

standards, or procedures set forth in the Charter, including violations relating to the education of

children with disabilities;

(2) has failed to meet the goals and student academic achievement expectations set forth in the

Charter;

(3) has engaged in a pattern of non-adherence to generally accepted accounting principles;

(4) has engaged in a pattern of fiscal mismanagement;

(5) is no longer economically viable; or

(6) has failed to maintain or attain a minimum of candidacy accreditation.

(b) Procedures for consideration of probation or revocation:

(1) The Council shall provide to the Trustees a written notice stating the reasons for the probation

of the Academy Charter School or the revocation of the Academy Charter School’s Charter. The notice

shall inform the Trustees of the right to have a public hearing.

(2) Not later than fifteen (15) days after the date on which the Trustees receives a notice under

(b)(1) of this Section, the Trustees may request, in writing, a public hearing on the probation of the

Charter School or the revocation of the Academy Charter School’s Charter before the Council.

(3) Upon receiving a timely written request for a public hearing under this Section, the Council

shall set a date and time for the public hearing and shall provide reasonable notice of the date and time,

as well as the procedures to be followed at the public hearing, to the Trustees.

(4) A public hearing under this Section shall take place not later than thirty (30) days upon written

request for a public hearing under this subsection.

(c) The Council shall render a final decision no later than thirty (30) days after the conclusion of the

public hearing. The vote of two-thirds (2/3) of all the members of the Council shall be required to revoke

the Charter.

(d) The Council may place an Academy Charter School on probation, rather than revoke its Charter,

in order to allow for the implementation of a remedial plan approved by the Council. If after no more than

one hundred eighty (180) days, or such longer period as the Council may specify, said plan is unsuccessful

in remedying the problem or alleviating the causes of the probation, the Council shall revoke the Charter.

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(e) If the Council revokes a charter granted to an Academy Charter School, the Department of

Education shall manage the Academy Charter School directly until alternative arrangements can be made

for students at the Academy Charter School.

(f) If the Academy Charter School’s Charter is revoked, the Trustees may appeal the decision of the

Council to the Appeals Board.