Process for Approving or Denying Charter School Petitions

(a)Schedule. An eligible applicant seeking to establish an Academy Charter School shall submit a petition pursuant to § 12105 of this Chapter to the Council no later than the first Monday of August. However, it is recommended that an eligible applicant consult with the Council prior to submitting the petition. All petitions submitted no later than the first Monday in August shall be for the following school year. The deadline to submit a petition to establish a non-converted public school into an Academy Charter School or convert a public elementary school into an Academy Charter School for the School Year 20102011 shall be March 8, 2010. The deadline to submit a petition to establish an existing, accredited, nonconverted private school into an Academy Charter School or convert a private Pre- Kindergarten-Three (PreK-3) through at least eighth

(8th)grade school into an Academy Charter School for the School Year 2023-2024 shall be September 1, 2023.

(b)Public Hearing. No later than forty-five

(45)days after a petition to establish an Academy Charter School is filed with the Council, and no later than thirty

(30)days for a petition to convert an existing school, the Council shall hold a public hearing on the petition to gather the information that is necessary for the Council to make the decision to approve or deny the petition.

(c)Notice. Ten

(10)days before the scheduled time of the public hearing on a petition to establish an Academy Charter School, the Council shall:

(1)send a written notification of the public hearing to the eligible applicant;

(2)post notice of the public hearing at a place convenient to the public in the administrative office, cafeteria, and the classrooms of the public or private school which is subject to be converted into an Academy Charter School;

(3)post notice of the public hearing at a place convenient to the public in the administrative office, cafeteria and the classrooms of the public or private school which is school grade lower than the first

(1st)school grade which is served by the public or private school which is subject to conversion; and

(4)post notice of the public hearing at a place convenient to the public in the Mayor’s office which represents an area within the attendance area of the public or private school which is the subject of the conversion petition.

(d)The Council shall approve a petition to establish an Academy Charter School, if:

(1)the Council determines that the petition satisfies the requirements of this Chapter;

(2)the eligible applicant who filed the petition agrees to satisfy any condition or requirement, consistent with this Chapter and other applicable law that is set forth in writing by the Council as an amendment to the petition;

(3)the Council determines that the Academy Charter School has the ability to meet the educational objectives outlined in the petition; and

(4)the approval will not cause the Council to exceed a limit under Subsection

(h)of this Section.

(e)The Council shall approve and admit a new or converted Pre-K3 through at least eighth

(8th)grade school whose curriculum is Project Based, utilizing a Critical Thinking method of learning resulting in measurable proficiency in the CHamoru language and history, music, physical fitness, and the performing arts.

(f)The Council shall approve or deny a petition to establish an Academy Charter School not later than sixty

(60)days after the conclusion of the public hearing on the petition and not later than thirty

(30)days for a petition to convert an existing school. CH. 12 GUAM ACADEMY CHARTER SCHOOLS ACT OF 2009

(g)Denial Explanation. Written notice of the Council’s action shall be sent to the eligible applicant. If the petition is not approved, the reasons for the denial and suggested remedial measures, if any, shall be clearly stated in the notice sent by the Council to the eligible applicant. If the petition is not approved, the eligible applicant may amend the petition to address objections and any suggested remedial measures and resubmit the petition to the Council. The Council shall approve or disapprove the resubmitted petition within twenty

(20)days after receiving it. If the petition is not approved, the eligible applicant may appeal the decision of the Council to the Appeals Board.

(h)The total number of Academy Charter Schools operating on Guam under this Chapter at any one

(1)time shall not exceed seven (7). At least two

(2)Academy Charter Schools shall be an elementary school; at least one

(1)Academy Charter School shall be a middle school; at least one

(1)Academy Charter School shall be a high school; and at least one

(1)Academy Charter School shall be a school servicing elementary and middle school students. An Academy Charter School applicant shall submit a written request to the Superintendent or the Guam Education Board to determine whether an available or suitable facility exists within the Department before the applicant submits its application to the Council. If a response is not provided within thirty

(30)days of receipt of the request, the applicant may submit its application without said determination to the Council.