17 Guam Code Ann. § 12114
Terms Used In 17 Guam Code Ann. § 12114
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(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;
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(4) has engaged in a pattern of fiscal mismanagement;
or
(5) is no longer economically viable.
(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,
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the Council shall revoke the Charter.
(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.
SOURCE: Subsection (f) amended by P.L. 30-176:13 (July 16, 2010). Subsection (a) amended by P.L. 35-030:5 (July 19, 2019). Subsection (a)(6) added by P.L. 35-030:8 (July 19, 2019). Subsection (d) amended by P.L. 35-030:6 (July 19, 2019).