Ariz. Admin. Code § 7-5-507

Current through Register Vol. 30, No. 50, December 13, 2024

Section R7-5-507 - Complaints

A. To make a complaint regarding a charter holder, a person shall submit to the Board a document that:

1. Alleges, with specificity that the charter holder is not in compliance with its charter, other contractual obligations to the Board, federal or state law, or other legal requirements;

2. Includes a statement of the facts on which the allegation or allegations of contractual or legal noncompliance is or are based; and

3. Includes supporting evidence, if available.

B. Board staff shall review and process all complaints in accordance with the Board's jurisdiction, its oversight authority, and the procedures set forth herein.

1. Board staff shall determine whether a complaint is within the Board's jurisdiction. A complaint is within the Board's jurisdiction if the complaint alleges one or more allegations that the charter holder is not in compliance with its charter, other contractual obligations with the Board, state or federal law, or other legal requirements.

a. If Board staff determines that additional information is needed for a jurisdictional determination, Board staff may, within 10 days after receiving the complaint, request that information be submitted to the Board from either the complainant or charter holder, whichever is appropriate. The information requested shall be submitted to the Board within 15 days of receiving the Board's request.

b. If Board staff determines any of the allegations asserted in the complaint are within the Board's jurisdiction, Board staff shall, within 10 days after receiving the complaint or making a determination as to jurisdiction pursuant to subsection (1)(a), whichever is the later, send a copy of the complaint to the charter holder complained against.

c. If Board staff determines the complaint is not within the Board's jurisdiction or that it is more appropriately within the jurisdiction of an agency with legal authority in the matter, within 10 days after receiving the complaint or making a determination as to jurisdiction pursuant to subsection (1)(a), whichever is later, Board staff:

i. Shall notify the complainant that the Board does not have jurisdiction or that the Board is not the appropriate agency to address the complaint,

ii. May inform the complainant of the appropriate agency that may have jurisdiction and legal authority over the matter,

iii. May inform the complainant that he or she may file a complaint with the appropriate agency,

iv. Shall provide the charter holder with a copy of the complaint, and

v. Shall inform the charter holder and complainant that the charter holder is not required to file a response with the Board.

2. Except as provided in subsection (3), if a complaint is filed that asserts an allegation that is within the Board's jurisdiction, the charter holder complained against shall provide the Board with a written response within 15 days after receiving a copy of the complaint pursuant to subsection (1)(b). The response shall address the allegation or allegations and facts that Board staff specifies are within the Board's jurisdiction and provide the information requested by Board staff. The charter holder may address any supporting evidence included in the complaint and include any relevant evidence in its response.

a. If the charter holder fails to submit its response within the timeline stated in subsection (2) and/or subsection (2)(b), Board staff shall record the charter holder's untimely response on the charter holder's operational performance dashboard.

b. If the charter holder does not respond within the timeline stated in subsection (2), Board staff shall send notification to the charter holder stating the necessity of a timely response and requiring the charter holder to respond within seven calendar days of receipt of the notification.

c. If the charter holder fails to submit its response within the timeline stated in subsection (2) and/or subsection (2)(b), Board staff may place the charter holder on the agenda for a subsequent Board meeting for the Board's determination of whether the charter holder is in compliance with its charter, other contractual obligations to the Board, state or federal law, or other legal requirements.

d. If a complaint identifies or raises an issue that creates a reasonable belief of a potential threat to the health or safety of a student or a reasonable belief of harm to a student, Board staff may require the charter holder to respond within a shortened timeframe. The shortened timeframe shall be approved by the Executive Director and is within his or her sole discretion.

3. If Board staff determines that the allegations alleged in the complaint are within the Board's jurisdiction and do not violate the charter holder's charter, its other contractual obligations to the Board, federal or state law, or any other legal requirements, Board staff may deem the complaint unsubstantiated, send a copy to the charter holder complained against and notify the charter holder that it is not required to file a response.

a. If the Board determines that specific, but not all, allegations alleged in a complaint over which it has jurisdiction do not violate the charter holder's charter, its other contractual obligation to the Board, federal or state law, or any other legal requirements, Board staff may deem those specific allegations unsubstantiated, send a copy to the charter holder complained against and notify the charter holder that it is not required to file a response to the specific allegations that have been deemed unsubstantiated.

b. The charter holder is still required to file a response, pursuant to subsection (2), as to those allegations that the Board has jurisdiction but for which the Board has not yet determined does not violate the charter holder's charter, its other contractual obligations to the Board, federal or state law, or any other legal requirements.

4. Board staff may, for good cause, grant the charter holder an extension of time to submit its written response pursuant to subsection (2) or the requested information pursuant to subsection (1)(a). Charter holders must submit requests for extensions of time in writing, or in a manner as directed by staff, and include the reason or reasons for the request. Charter holders shall submit requests for extensions at least two days prior to the date on which the response is due to the Board.

a. If a charter holder is required to respond to a complaint within a shortened timeframe pursuant to subsection (2)(d), the charter holder shall submit a request for extension within a reasonable amount of time prior to the deadline, with consideration given to the nature of allegations.

b. If a charter holder fails to request an extension within the timeframe set forth in subsection (2), subsection (4), or subsection (4)(a), the charter holder may submit a request for an exemption from the lack of response being recorded on the charter holder's dashboard. The Executive Director, within his or her sole discretion, may grant the request if the charter holder demonstrates that good cause exists for the delay. If the charter holder is granted an exemption, the Executive Director shall establish a deadline for the charter holder to submit its response. A charter holder that fails to submit a response by the deadline set forth by the Executive Director shall be subject to the provisions set forth in R7-5-507(B)(2).

5. Board staff shall review the complaint, the charter holder's response and any other relevant information gathered or received in connection with the complaint to determine whether a violation of the charter, other contractual obligations to the Board, state or federal law, or other legal requirements can be substantiated. In its review of the complaint, Board staff may take, but is not limited to, the following actions:

a. Conduct further investigation, including a site visit, if additional information is needed;

b. Notwithstanding the Board's jurisdiction, consult with another agency with expertise related to a complaint;

c. Place the charter holder on the agenda for a subsequent Board meeting for the Board's determination whether the charter holder is in compliance with its charter, other contractual obligations with the Board, state or federal law, or other legal requirements. In deciding whether to place the charter holder on the Board's agenda, the Board's Executive Director, in consultation with the President of the Board, as appropriate, may consider the seriousness of the allegations, the information presented by the complainant and the charter holder, and the charter holder's willingness to resolve any alleged contractual or legal noncompliance.

d. If Board staff determines that the matter is more appropriately within the jurisdiction of an agency with legal authority in the matter and notifies the complainant in accordance with subsection (1)(c), Board staff:

i. May rely on the determination and action taken by the agency with legal authority in determining whether to substantiate the complaint and is not obligated to conduct its own investigation or determination.

ii. May keep the complaint open until the appropriate agency has made a determination on the complaint.

e. If a complaint identifies or raises an issue that creates a reasonable belief of a potential threat to the health or safety of a student or a reasonable belief of harm to a student, Board staff may alert any necessary authorities including law enforcement, the Department of Child Safety, and/or the Arizona Department of Education, and may visit the school.

f. If Board staff has reason to believe it is more likely than not that the charter holder may have violated the law, the Executive Director may provide the complaint to the Office of the Arizona Attorney General for further investigation, as appropriate.

6. A claim is substantiated when, based on the documentation received by the Board, it is more likely than not that a violation of the charter, other contractual obligations to the Board, state or federal law, or other legal requirements has occurred. If the complaint is deemed substantiated by Board staff or by another agency, Board staff shall mark the complaint substantiated, make it publicly available, and record the contractual or legal noncompliance issue on the charter holder's operational performance dashboard under the appropriate measure.

7. The Board considers a complaint "closed" when:

a. Board staff has deemed the complaint as substantiated, the charter holder has had an opportunity to respond, and the charter holder has documented that it has made a good faith effort to address the concern;

b. Board staff has deemed the complaint unsubstantiated;

c. According to subsection (1)(a) the complainant did not provide a response to Board staff's request for additional information within 15 days of the complainant's receipt of the request; or

d. The Board has made a final determination as to the complaint.

8. If, at a later date, the complainant or charter holder has additional information to provide to a closed complaint, Board staff shall accept the information and conduct a review. The additional information will be processed in accordance with the existing complaint process.

9. Once a complaint is closed, Board staff shall send the complainant and charter holder notice of the final action taken.

10. After the complaint has been reviewed and closed, the complaint, response and all related documents are retained in accordance with the Board's retention policy and are subject to public records law.

Ariz. Admin. Code § R7-5-507

New section made by final rulemaking at 23 A.A.R. 693, effective 5/6/2017. Amended by final exmpt rulemaking at 27 A.A.R. 64, effective 12/15/2020.