R277-552-7. Procedures and Timelines to Change Charter School Authorizers

  (1) A charter school may transfer to another charter school authorizer.

  (2) A charter school shall submit an application to the new charter school authorizer at least 90 days prior to the proposed transfer.

  (3) The charter school authorizer transfer application shall include:

  (a) current governing board members;

  (b) financial records that demonstrate the charter school's financial position, including the following:

  (i) most recent annual financial report (AFR);

  (ii) annual project report (APR); and

  (iii) audited financial statement;

  (c) test scores, including all state required assessments;

  (d) current employees and assignments;

  (e) board minutes for the most recent 12 months; and

  (f) affidavits, signed by all board members certifying:

  (i) the charter school's compliance with all state and federal laws and regulations;

  (ii) all information on the transfer application is complete and accurate;

  (iii) the charter school is current with all charter school governing board policies;

  (iv) the charter school is operating consistent with the charter school's charter agreement; and

  (v) there are no outstanding lawsuits, judgments, or liens against the charter school.

  (4) The current authorizer of a charter school seeking to transfer charter school authorizers shall submit a position statement to the new charter school authorizer about:

  (a) the charter school's status;

  (b) compliance with the charter school authorizer requirements; and

  (c) unresolved concerns.

  (5) A new charter school authorizer shall review an application for transferring a charter school authorizer for acceptance within 60 days of submission of a complete application, including all required documentation.

  (6) If an authorizer accepts the transfer of a new charter school, the new authorizer shall notify the Superintendent within 30 days.

  (7) Prior to accepting a charter school from another authorizer, a new charter authorizer shall request and consider information from the Board and current authorizer of the charter school's financial and academic performance.

  (8) The Superintendent and current authorizer shall provide the information described in Subsection (7) to a new charter authorizer within 30 days of request described in Subsection (7).