Section 5-E905. CONDITIONAL APPROVAL

 

905.1In the case of a petition that does not contain the identification and information required (concerning documentation of the acquisition of an appropriate facility) (section 2202(6)(B)(i) of the D.C. School Reform Act), but does contain the timetable required under section 2202(6)(B)(ii) of the D.C. School Reform Act, the eligible chartering authority may only approve the petition on a conditional basis, subject to the eligible applicant’s submitting the identification and information described in section 2202(6)(B)(i) of the D.C. School Reform Act, in accordance with such timetable, or any other timetable specified in writing by the eligible chartering authority in an amendment to the petition. (D.C. School Reform Act, section 2203).

 

905.2For purposes of subsections (e), (h), (i), and (j), as amended, a petition conditionally approved under this paragraph shall be treated the same as a petition approved under paragraph (1) of section 2203, except that on the date that such a conditionally approved petition ceases to be conditionally approved because the eligible applicant has not timely submitted the identification and information described in section 2202(6)(B)(i), the approval of the petition shall cease to be counted for purposes of subsection (i). (D.C. School Reform Act, section 2203)

 

905.3If, during the conditional approval period, the Board of Education determines that a conditionally approved applicant/interim board of trustees has committed a violation of applicable laws or a material violation of the conditions, terms, standards, or procedures set forth in its (draft) charter; has engaged in a pattern of non-adherence to generally accepted accounting principles; or has engaged in a pattern of fiscal mismanagement with respect to the planning grant or other funds received; the school shall not be granted full approval and shall not open as a public charter school authorized by the Board of Education.

 

905.4Section 905.2 as stated above, shall apply, and the applicant shall be so notified in writing by the Board of Education.

 

source

Final Rulemaking published at 48 DCR 1694, 1696-97 (February 23, 2001).