reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 4 - PROPERTY OF OPEN-ENROLLMENT CHARTER SCHOOLS › Section 100.1071 - Real Property Held in Trust

Current through Reg. 49, No. 28; July 12, 2024
(a) This
					 section applies to a charter holder unless alternative procedures for
					 purchasing and selling real property held in trust have been approved by the
					 commissioner of education under §
											100.1006
					 of this title (relating to Optional Open-Enrollment Charter Provisions for
					 Contracting and Purchasing), and the open-enrollment charter has been amended
					 by the commissioner to adopt the approved procedures.
(b) A requirement in Government Code, Chapter
					 2252, Subchapter D, that applies to a school district or the board of trustees
					 of a school district applies to a charter school, the governing body of a
					 charter holder, or the governing body of a charter school.
(1) A charter holder may not purchase real
					 property held in trust until the trustee submits to the governing body of the
					 charter holder a copy of the trust agreement identifying the true owner of the
					 property. The trustee shall identify the true owner of the property to the
					 charter holder.
(2) A charter
					 holder may not sell real property to a trustee until the charter holder
					 receives from the trustee a copy of the trust agreement identifying the person
					 who will be the true owner of the property. The trustee shall identify the
					 person who will be the true owner of the property to the charter
					 holder.
(3) A conveyance of
					 property subject to this section is void if a charter holder fails to comply
					 with this section.
(4) A trust
					 agreement submitted to the governing body of the charter holder is confidential
					 information excepted from the requirements of Government Code, §
												552.021,
					 but must be disclosed to the Texas Education Agency under §100.1029
					 (relating to Agency Audits, Monitoring, and Investigations).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 4 - PROPERTY OF OPEN-ENROLLMENT CHARTER SCHOOLS › Section 100.1073 - Improvements to Real Property

Current through Reg. 49, No. 28; July 12, 2024
(a) This
					 section applies to a charter holder unless alternative procedures for awarding
					 a contract for the construction, repair, or renovation of a structure, road,
					 highway, or other improvement or addition to real property have been approved
					 by the commissioner of education under §
											100.1006
					 of this title (relating to Optional Open-Enrollment Charter Provisions for
					 Contracting and Purchasing) and the open-enrollment charter has been amended by
					 the commissioner to adopt the approved procedures.
(b) A charter holder shall comply with Local
					 Government Code, Chapter 271, Subchapter B, in awarding any contract for the
					 construction, repair, or renovation of a structure, road, highway, or other
					 improvement or addition to real property if the contract requires the
					 expenditure of public funds in the amount specified by Local Government Code,
					 §
											271.024.
					 A requirement in that subchapter applies to a school district or the board of
					 trustees of a school district applies to a charter school, the governing body
					 of a charter holder, or the governing body of a charter school.
(c) Local Government Code, Chapter 271,
					 Subchapter B, does not apply to a contract executed prior to September 1,
					 2001.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1101 - Delegation of Powers and Duties

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Primary responsibility. The governing body of a charter holder has the primary
					 responsibility for implementing the public school program authorized by the
					 open-enrollment charter and ensuring the performance of the students enrolled
					 in its charter schools in accordance with the Texas Education Code
					 (TEC).
(b) Alienation of
					 open-enrollment charter. An open-enrollment charter grants to the governing
					 body of a charter holder the authority to operate a charter school.
(1) The governing body of the charter holder
					 shall, acting as a body corporate in meetings posted in compliance with
					 Government Code, Chapter 551, oversee the management of the charter
					 school.
(2) Except as provided by
					 this section, the governing body's powers and duties to operate the charter
					 school shall not be delegated, transferred, assigned, encumbered, pledged,
					 subcontracted, or in any way alienated by the governing body of the charter
					 holder. Any attempt to do so shall be null and void and of no force or effect
					 and shall constitute abandonment of the contract for charter.
(3) A charter holder shall notify the Texas
					 Education Agency (TEA) in writing prior to initiating any type of bankruptcy
					 proceeding respecting the charter holder. Filing for any form of bankruptcy
					 relief prior to such notice shall constitute abandonment of the contract for
					 charter.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1106 - Exemption for Participation in a Shared Services Cooperative

Current through Reg. 49, No. 28; July 12, 2024
(a) An officer of a charter school is exempt
					 from a module of required training on a specific duty or responsibility, if:
(1) the charter holder is a member of a
					 shared services cooperative;
(2)
					 the written contract establishing the cooperative assigns to the cooperative
					 the specific duty or responsibility, and assigns to the cooperative the
					 requirement to complete that module of training, by:
(A) insuring that all relevant employees
					 attend that module of required training and receive a certificate of course
					 completion for that module from a regional education service center or course
					 provider registered under §
													100.1107 of this
					 title (relating to Course Providers); or
(B) if the cooperative is a registered course
					 provider, insuring that all relevant employees attend that module of training
					 and receive a certificate of course completion for that module from the
					 cooperative; and
(3) all
					 relevant employees of the cooperative actually attend that module of training
					 and receive a certificate of course completion for that module.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1107 - Course Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Authorized
					 course providers. Training under this division must be provided by a regional
					 education service center (RESC) or by a course provider registered with the
					 commissioner of education under this section. Training provided by a course
					 provider that is not registered under this section at the time of training does
					 not satisfy training requirements specified in this division. The fee for a
					 course or module of training shall be determined by the RESC or registered
					 course provider.
(b) Application
					 for registration; qualifications. An applicant for course provider registration
					 must file with the commissioner documents and information demonstrating a
					 history of training experience and subject-matter expertise in each area
					 covered by a training course required by this division.
(1) The course provider may apply to be
					 registered as a course provider for one or more training courses, and may
					 submit documents and information about more than one instructor. However, each
					 instructor must be under contract to teach the course or module for the
					 applicable period of registration.
(2) The course provider is not registered
					 under this section until it receives written notice of registration under this
					 section.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1108 - Record of Compliance and Disclosure of Non-Compliance

Current through Reg. 49, No. 28; July 12, 2024
Record of compliance; non-compliance.
(1) Record of compliance. It is the
					 obligation of the charter holder to comply with this section, including
					 compliance with §§100.1102-100.1105 of this division by each a member
					 of the governing body of the charter holder, each member of any governing body
					 of a charter school operated by the charter holder, and each chief executive
					 officer, central administrative officer, campus administrative officer, and
					 business manager of any charter school operated by the charter holder. The
					 charter holder shall document its compliance with §§100.1102-100.1105
					 and this section.
(2) Continued
					 service. A person may not continue to serve as a member of the governing body
					 of a charter holder, as a member of the governing body of a charter school, or
					 as an officer of a charter school, unless the person is in compliance with
					 §§100.1102-100.1105 and this section.
(3) Audit disclosure. A charter holder shall
					 separately disclose, in its annual audit report required by §
											100.1047(c)
					 of this title (relating to Accounting for State Funds), any member of the
					 governing body of the charter holder or a charter school, and any officer of a
					 charter school, who fails to comply with §§100.1102-100.1105 and this
					 section and who continues to serve in such capacity as of the date of the audit
					 report.
(4) Material charter
					 violation. Failure to comply with §§100.1102-100.1105 and this
					 section is a material charter violation that may be considered by the
					 commissioner in any action or intervention under Division 2 of this subchapter
					 (relating to Commissioner Action and Intervention).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1111 - Applicability of Nepotism Provisions; Exception for Acceptable Performance

Current through Reg. 49, No. 28; July 12, 2024
(a) Nepotism laws generally apply. Except as
					 provided by this section, a member of the governing body of a charter holder, a
					 member of the governing body of a charter school, and an officer of a charter
					 school who retain final authority to select and terminate charter school
					 employees shall comply with Government Code, Chapter 573, in the manner
					 provided by the nepotism provisions, prohibitions, and exceptions described in
					 §§100.1111-100.1116 of this division.
(b) Existing charter holders partly
					 grandfathered. A person who was not restricted or prohibited under Texas
					 Education Code (TEC), §12.1055, before September 1, 2013, from being
					 employed by an open-enrollment charter school and who was lawfully employed by
					 an open-enrollment charter school before September 1, 2013, is considered to
					 have been in continuous employment as provided by Government Code, §
											573.062(a),
					 and is not prohibited from continuing employment with the school. Any break in
					 service, however, shall render the eligibility under this subsection null and
					 void. Continuous employment for the purposes of this subsection applies only to
					 relationships that existed on September 1, 2013, and does not exempt
					 relationships created after September 1, 2013.
(c) Employment status. This section only
					 applies to the employment of those charter employees reported to the Texas
					 Workforce Commission (TWC) as being employees of the charter on September 1,
					 2013. The charter holder must supply to the Texas Education Agency (TEA) the
					 TWC list that includes each employee's name, position held, and relationship,
					 if any, to officer and/or board member(s). This list will serve as a baseline
					 for determination of those individuals grandfathered under this
					 section.
(d) Submission
					 requirement. The list referenced in subsection (c) of this section shall be
					 received by the TEA division of charter schools no later than December 1, 2014.
					 Failure to comply with this subsection constitutes a material charter
					 violation.
(e) No quorum of
					 relatives. Notwithstanding any other provision of this section, persons related
					 to one another within the third degree by consanguinity or within the second
					 degree by affinity, as determined under §
											100.1113
					 of this title (relating to Relationships by Consanguinity or by Affinity),
					 shall not constitute a quorum of the governing body or any committee of the
					 governing body of the charter holder or charter school.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1112 - General Nepotism Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Definitions. The following words and terms, when used in this division, shall
					 have the following meaning, unless the context clearly indicates otherwise.
(1) Public official--a member of the
					 governing body of a charter holder, a member of the governing body of a charter
					 school, or an officer of a charter school who retains final authority to select
					 and terminate charter school employees.
(2) Candidate--a person who applies for,
					 seeks, is nominated for, or is considered for selection, appointment,
					 employment or in any other manner to be made a member of the governing body of
					 a charter holder, a member of the governing body of a charter school, or an
					 officer of an open-enrollment charter school.
(3) Charter Position:
(A) an office, employment, function, or duty
					 that is to be directly or indirectly compensated from state funds received by a
					 charter holder after September 1, 2001; or
(B) a member of the governing body of a
					 charter holder that receives state funds after September 1, 2001, or a member
					 of the governing body or an officer of a charter school operated by such
					 charter holder.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1113 - Relationships By Consanguinity or By Affinity

Current through Reg. 49, No. 28; July 12, 2024
(a) Method of computing degree of
					 relationship. The degree of a relationship is computed by the civil law
					 method.
(b) Determination of
					 consanguinity. Two individuals are related to each other by consanguinity if
					 one is a descendant of the other, or if they share a common ancestor. An
					 adopted child is considered to be a child of the adoptive parent for this
					 purpose.
(c) Computation of degree
					 of consanguinity. The degree of relationship by consanguinity between an
					 individual and the individual's descendant is determined by the number of
					 generations that separate them.
(1) A parent
					 and child are related in the first degree, a grandparent and grandchild in the
					 second degree, a great-grandparent and great-grandchild in the third degree,
					 and so on.
(2) If an individual and
					 the individual's relative are related by consanguinity, but neither is
					 descended from the other, the degree of relationship is determined by adding:
(A) the number of generations between the
					 individual and the nearest common ancestor of the individual and the
					 individual's relative; and
(B) the
					 number of generations between the relative and the nearest common
					 ancestor.
(3) An
					 individual's relatives within the third degree by consanguinity are the
					 individual's:
(A) parent or child (relatives
					 in the first degree);
(B) brother,
					 sister, grandparent, or grandchild (relatives in the second degree);
					 and
(C) great-grandparent,
					 great-grandchild, aunt who is a sister of a parent of the individual, uncle who
					 is a brother of a parent of the individual, nephew who is a child of a brother
					 or sister of the individual, or niece who is a child of a brother or sister of
					 the individual (relatives in the third degree).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1114 - Nepotism Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Prohibition applicable to public official. A public official may not hire,
					 select, appoint, confirm the appointment of, or vote for the hiring, selection,
					 appointment, or confirmation of an individual to a charter position if, within
					 a degree described by Government Code, §§
											573.021-573.025,
					 and §
											100.1113
					 of this title (relating to Relationships By Consanguinity or By Affinity):
(1) the individual is related to the public
					 official; or
(2) the public
					 official holds the authority to hire, select, appoint, confirm the appointment
					 of, or vote for the hiring, selection, appointment, or confirmation as a member
					 of a governing body, and the individual is related to another member of that
					 governing body.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1115 - Nepotism Exceptions

Current through Reg. 49, No. 28; July 12, 2024
(a) General.
					 Section
					 100.1114(a)
					 of this title (relating to Nepotism Prohibitions) does not apply to:
(1) an appointment or employment of a bus
					 driver by a charter school if:
(A) the
					 charter school is located wholly in a county with a population of less than
					 35,000; or
(B) the charter school
					 is located in more than one county and the county in which the largest part of
					 the charter school is located has a population of less than 35,000;
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1116 - Enforcement of Nepotism Prohibitions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Removal by charter holder. An individual who violates §
											100.1114 of
					 this title (relating to Nepotism Prohibitions) or §
											100.1115(c)
					 of this title (relating to Nepotism Exceptions) shall be removed from the
					 individual's position by the charter holder. Failure to comply with this
					 subsection is a material charter violation.
(1) The removal must be made in accordance
					 with the removal provisions in the articles of incorporation and bylaws of the
					 corporation, if applicable, the terms of the open-enrollment charter, any
					 applicable local policies, and state and federal law.
(2) A public official may not approve an
					 account or draw or authorize the drawing of a warrant or order to pay the
					 compensation of an ineligible individual if the official knows the individual
					 is ineligible.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1131 - Conflicts of Interest and Board Member Compensation; Exception

Current through Reg. 49, No. 28; July 12, 2024
(a) Process governing conflicts of interest.
					 A member of the governing body of a charter holder, a member of the governing
					 body of a charter school, and an officer of a charter school shall comply with
					 Local Government Code, Chapter 171, in the manner provided by the conflict of
					 interest provisions described in §§100.1131-100.1135 of this
					 division.
(b) Compensated board
					 members generally prohibited. Except as provided by this section, a person who
					 receives compensation or remuneration from a nonprofit corporation holding an
					 open-enrollment charter may not serve on the governing body of the charter
					 holder. As used in this subsection, compensation or remuneration includes,
					 without limitation:
(1) salary, bonuses,
					 benefits, or other compensation received by the local public official pursuant
					 to an employment relationship;
(2)
					 payment of or reimbursement for personal expenses of the local public official,
					 excluding reimbursement for allowable travel expenses;
(3) credit extended to the local public
					 official by the charter holder or charter school;
(4) the local public official's personal use
					 of property paid for by the charter holder or charter school;
(5) in-kind transfers of property to the
					 local public official; and
(6) all
					 other forms of compensation or remuneration to the local public
					 official.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1132 - General Conflict of Interest Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. The following words and
					 terms, when used in this division, shall have the following meaning, unless the
					 context clearly indicates otherwise.
(1)
					 Local public official--a member of the governing body of a charter holder, a
					 member of the governing body of a charter school, or an officer of a charter
					 school.
(2) Business entity--a sole
					 proprietorship, partnership, firm, corporation, holding company, joint-stock
					 company, receivership, trust, agency, political subdivision, or any other
					 entity recognized by law.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1133 - Conflicts Requiring Affidavit and Abstention From Voting

Current through Reg. 49, No. 28; July 12, 2024
(a) Affidavit and abstention required. If a
					 local public official has a substantial interest in a business entity or in
					 real property, the official must file, before a vote, decision, or other action
					 on any matter involving the business entity or the real property, an affidavit
					 stating the nature and extent of the interest and must abstain from further
					 participation in the matter if:
(1) in the
					 case of a substantial interest in a business entity, the vote, decision, or
					 other action on the matter will have a special economic effect on the business
					 entity that is distinguishable from the effect on the public; or
(2) in the case of a substantial interest in
					 real property, it is reasonably foreseeable that a vote, decision, or other
					 action on the matter will have a special economic effect on the value of the
					 property, distinguishable from its effect on the public.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1134 - Conflicts Requiring Separate Vote on Budget

Current through Reg. 49, No. 28; July 12, 2024
(a) Separate vote required. The governing
					 body of a charter holder shall take a separate vote on any budget item
					 specifically dedicated to a contract with a business entity in which a member
					 of the governing body of the charter holder has a substantial
					 interest.
(b) Abstention required.
					 Except as provided by §
											100.1133(c)
					 of this title (relating to Conflicts Requiring Affidavit and Abstention From
					 Voting), the affected member may not participate in that separate vote. The
					 member may vote on a final budget if:
(1) the
					 member has complied with this chapter; and
(2) the matter in which the member is
					 concerned has been resolved.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1135 - Acting as Surety and other Conflicts; Criminal Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) Acting as surety. A local public official
					 commits a criminal offense if the official knowingly:
(1) acts as surety for a business entity that
					 has work, business, or a contract with the charter holder; or
(2) acts as surety on any official bond
					 required of a member of the governing body or charter school, or of an officer
					 of the charter school.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1151 - Criminal History; Restrictions on Serving

Current through Reg. 49, No. 28; July 12, 2024
(a) Restrictions on serving. A person may not
					 serve as a member of the governing body of a charter holder, as a member of the
					 governing body of a charter school, or as an officer or employee of a charter
					 school if the person has been convicted of:
(1) a misdemeanor involving moral turpitude
					 or any felony;
(2) an offense
					 listed in Texas Education Code (TEC), §37.007(a); or
(3) an offense listed in Code of Criminal
					 Procedure, Article 62.01(5).
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1153 - Substantial Interest in Management Company; Restrictions on Serving

Current through Reg. 49, No. 28; July 12, 2024
(a) Restriction on serving. A person may not
					 serve as a member of the governing body of a charter holder as a member of the
					 governing body of a charter school, or as an officer or employee of a charter
					 school, if the person has a substantial interest in a management company that
					 has a contract for management services with the charter holder or a charter
					 school. A person has a substantial interest in a management company if the
					 person:
(1) has a controlling interest in the
					 company;
(2) owns more than 10% of
					 the voting interest in the company;
(3) owns more than $25,000 of the fair market
					 value of the company;
(4) has a
					 direct or indirect participating interest by shares, stock, or otherwise,
					 regardless of whether voting rights are included, in more than 10% of the
					 profits, proceeds, or capital gains of the company;
(5) is a member of the board of directors or
					 other governing body of the company;
(6) serves as an elected officer of the
					 company; or
(7) is an employee of
					 the company.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1155 - Procedures for Prohibiting a Management Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Action prohibiting management contract.
					 The commissioner of education may prohibit, deny renewal of, suspend, or revoke
					 a contract between an open-enrollment charter school and a management company
					 providing management services to the school if the commissioner determines that
					 the management company has:
(1) failed to
					 provide educational or related services in compliance with the company's
					 contractual or other legal obligation to any open-enrollment charter school in
					 Texas or to any other similar school in another state;
(2) failed to protect the health, safety, or
					 welfare of the students enrolled at an open-enrollment charter school served by
					 the company;
(3) violated this
					 subchapter or a rule adopted under this subchapter; or
(4) otherwise failed to comply with any
					 contractual or other legal obligation to provide services to the
					 school.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1157 - Loan from Management Company Prohibited

Current through Reg. 49, No. 28; July 12, 2024
(a) Loan prohibited. Neither a charter holder
					 or a charter school may accept any loan or credit from, or incur any debt to, a
					 management company that has a contract to provide management services to:
(1) that charter school; or
(2) another charter school that operates
					 under a charter granted to the charter holder.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 5 - CHARTER SCHOOL GOVERNANCE › Section 100.1159 - Public Records Maintained by Management Company; Contract Provision

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance of records. A management
					 company that provides, or did provide, any management services to a charter
					 holder or charter school shall maintain, as required by §
											100.1203 of
					 this title (relating to Records Management), all records related to its
					 management services separately from any other records of the management
					 company.
(b) Contract provision.
					 Any contract, including a contract renewal, between a charter holder or charter
					 school and a management company for management services to the charter school
					 must contain a contract provision expressly requiring the management company to
					 comply with subsection (a) of this section.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1201 - Voluntary Participation in State Programs

Current through Reg. 49, No. 28; July 12, 2024
A charter school may voluntarily participate in any of
						the following state programs available to school districts, if the commissioner
						of education approves an amendment to the open-enrollment charter describing
						the manner in which the charter school will comply with each term of the
						program:
(1) a program under Local
					 Government Code, Chapter 271, Subchapter D, requiring the State Purchasing and
					 General Services Commission to perform purchasing services for school
					 districts;
(2) a program under
					 Local Government Code, Chapter 271, Subchapter F, permitting a school district
					 to participate in a cooperative purchasing program with a school district,
					 local government, or local cooperative organization;
(3) to the extent permitted by federal law, a
					 program under Local Government Code, Chapter 271, Subchapter G, permitting a
					 school district to purchase goods or services available under federal supply
					 schedules of the United States General Services Administration;
(4) a program under Local Government Code,
					 Chapter 271, Subchapter E, permitting a school district to enter into an
					 intercept agreement with the Texas Bond Review Board and the Comptroller of
					 Public Accounts to increase its credit rating; and
(5) a program under Texas Education Code
					 (TEC), §29.1531, permitting a school district to offer on a tuition basis,
					 or use school district funds to provide, an additional half-day of
					 prekindergarten classes to children eligible for classes under TEC,
					 §29.153, or half-day and full-day prekindergarten classes to children not
					 eligible for classes under TEC, §29.153.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1203 - Records Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Retention of
					 government records. With respect to its operation of a charter school, a
					 charter holder is considered to be a local government for purposes of Title 6,
					 Subtitle C, Local Government Code, and Government Code, Chapter 441, Subchapter
					 J.
(1) Government records. Records of a
					 charter school and records of a charter holder that relate to a charter school
					 are government records for all purposes under state law.
(2) Retention and destruction of records. Any
					 requirement in Title 6, Subtitle C, Local Government Code, or Government Code,
					 Chapter 441, Subchapter J, that applies to a school district, the board of
					 trustees of a school district, or an officer or employee of a school district
					 applies to a charter school, the governing body of its charter holder, the
					 governing body of the charter school, and each officer and employee of the
					 charter school.
(3) Maintained
					 within this state. Records of a charter school shall be maintained physically
					 within the State of Texas at all times, except that records stored
					 electronically in accordance with the requirements of Local Government Code,
					 Chapter 205, may be maintained outside the State of Texas if such records
					 remain accessible from within the State of Texas during normal business hours.
					 For purposes of this paragraph, the records of a charter school shall mean the
					 records indicated by the Financial Accountability System Resource Guide,
					 adopted by reference in §
												109.41
					 of this title (relating to Financial Accountability System Resource Guide), or
					 its successor, or by the laws and rules summarized therein. The records of a
					 management company related to the charter school may be audited under §
												100.1051(b)
					 of this title (relating to Audit by Commissioner; Records in the Possession of
					 a Management Company), but are not subject to this paragraph.
(4) Records of former charter holder.
					 Notwithstanding paragraph 2 of this subsection, and notwithstanding Local
					 Government Code, §
												201.007,
					 the records of a charter holder that ceases to operate a charter school shall
					 be transferred in the manner prescribed by the commissioner of education under
					 subsection (b) of this section.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1205 - Procurement of Professional Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Applicability of section. This section applies to a charter holder unless
					 alternative procedures for selecting a provider of professional services or a
					 group or association of providers, or awarding a contract for professional
					 services, have been approved by the commissioner of education under §
											100.1006
					 of this title (relating to Optional Open-Enrollment Charter Provisions for
					 Contracting and Purchasing) and the open-enrollment charter has been amended by
					 the commissioner to adopt the approved procedures.
(b) Selecting professional services. A
					 charter holder shall select a provider of professional services or a group or
					 association of providers, and award a contract for professional services, in
					 accordance with Government Code, Chapter 2254, Subchapter A. A requirement in
					 that subchapter that applies to a school district or the board of trustees of a
					 school district applies to a charter school, the governing body of a charter
					 holder, or the governing body of a charter school.
(c) Definition. For purposes of this section,
					 professional services are services:
(1)
					 within the scope of the practice, as defined by state law, of accounting;
					 architecture; landscape architecture; land surveying; medicine; optometry;
					 professional engineering; real estate appraising; or professional nursing;
					 or
(2) provided in connection with
					 the professional employment or practice of a person who is licensed or
					 registered as a certified public accountant; an architect; a landscape
					 architect; a land surveyor; a physician, including a surgeon; an optometrist; a
					 professional engineer; a state certified or state licensed real estate
					 appraiser; or a registered nurse.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1207 - Student Admission

Current through Reg. 49, No. 28; July 12, 2024
(a) Application
					 deadline. For admission to a charter school, a charter holder shall:
(1) require the applicant to complete and
					 submit an application not later than a reasonable deadline the charter holder
					 establishes; and
(2) on receipt of
					 more acceptable applications for admission under this section than available
					 positions in the school:
(A) except as
					 permitted by subsection (b) of this section, fill the available positions by
					 lottery; or
(B) subject to
					 subsection (c) of this section, fill the available positions in the order in
					 which all timely applications were received.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1209 - Municipal Ordinances

Current through Reg. 49, No. 28; July 12, 2024
(a) Municipal
					 ordinances apply. A charter holder is subject to federal and state laws and
					 rules governing public schools and to zoning and all other municipal ordinances
					 governing public schools.
(b) When
					 zoning ordinances do not apply. Notwithstanding subsection (a) of this section,
					 a charter school site located in whole or in part in a municipality with a
					 population of 20,000 or less is not subject to a municipal zoning ordinance
					 governing public schools.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1211 - Students

Current through Reg. 49, No. 28; July 12, 2024
(a) Student performance. Notwithstanding any
					 provision in an open-enrollment charter, acceptable student performance under
					 Texas Education Code, §
											12.111(a)(3),
					 shall at a minimum require overall student performance meeting the standards
					 for an "academically acceptable" rating as defined by §
											100.1001(26)
					 of this title (relating to Definitions).
(b) Reporting child abuse or neglect. A
					 charter holder shall adopt and disseminate to all charter school staff and
					 volunteers a policy governing child abuse reports required by Texas Family
					 Code, Chapter 261. The policy shall require that employees, volunteers, or
					 agents of the charter holder and the charter school report child abuse or
					 neglect directly to an appropriate entity listed in Texas Family Code, Chapter
					 261.
(c) Admission and enrollment.
					 A charter holder for an open-enrollment charter school shall have an admission
					 and enrollment policy as outlined in §
											100.1207 of
					 this title (relating to Student Admission), including prohibiting
					 discrimination on the basis of sex; national origin; ethnicity; religion;
					 disability; academic, artistic, or athletic ability; or the district the child
					 would otherwise attend under state law.
(d) Notice of expulsion or withdrawal. A
					 charter school shall notify the school district in which the student resides
					 within three business days of any action expelling or withdrawing a student
					 from the charter school.
(e) Data
					 reporting. A charter holder and its charter school shall report timely and
					 accurate information required by the commissioner of education to the Texas
					 Education Agency (TEA), except as expressly waived by the
					 commissioner.
(f) Student records.
					 Student records shall be secure and maintained physically within the state of
					 Texas at all times. Charter school personnel shall respond to requests for
					 records in a timely and appropriate manner. Charter schools shall participate
					 in the Texas Records Exchange (TREx) system and shall follow TREx data
					 standards.
(g) Scholastic year. A
					 charter holder shall adopt a school year for the charter school, with fixed
					 beginning and ending dates. The charter school shall submit a copy of the
					 charter school's campus calendars to the TEA division responsible for charter
					 school administration prior to the first day of August of each year.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1212 - Personnel

Current through Reg. 49, No. 28; July 12, 2024
(a) Minimum qualifications. Except as
					 provided by subsection (b) of this section, all persons employed as a principal
					 or teacher by an open-enrollment charter school must hold a baccalaureate
					 degree.
(b) Exception. In an
					 open-enrollment charter school that serves youth referred to or placed in a
					 residential trade center by a local or state agency, a person may be employed
					 as a teacher for a noncore vocational course without holding a baccalaureate
					 degree if the person has:
(1) demonstrated
					 subject matter expertise related to the subject taught, such as professional
					 work experience; formal training and education; holding a relevant active
					 professional industry license, certification, or registration; or any
					 combination of work experience, training and education, and industry license,
					 certification, or registration; and
(2) received at least 20 hours of classroom
					 management training, as determined by the governing body of the open-enrollment
					 charter school. Documentation of the training is to be maintained locally and
					 provided to the Texas Education Agency within 10 business days upon request.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1213 - Failure to Operate

Current through Reg. 49, No. 28; July 12, 2024
(a) Continuous
					 operation. Except as provided in this section, a charter holder shall operate
					 the program as described in the open-enrollment charter for the full school
					 term described in the open-enrollment charter during each year that the
					 open-enrollment charter is in effect.
(b) Dormant open-enrollment charter. A
					 charter holder may not delay opening or suspend operation for longer than 21
					 days without an amendment to its open-enrollment charter, approved by the
					 commissioner of education, stating that the charter school is dormant and
					 setting forth the date on which operations shall resume and any applicable
					 conditions for resuming operation that may be imposed by the
					 commissioner.
(c) Written notice. A
					 charter holder may not suspend operation of the charter school, or any campus
					 or site of the charter school, for a period of more than three days without
					 mailing written notice to the parent or guardian of each student and filing
					 such notice with the Texas Education Agency (TEA) division responsible for
					 charter schools at least 14 days in advance of the suspension, except that in
					 an emergency the charter holder shall notify the TEA division responsible for
					 charter schools by telephone or other means within 24 hours of suspending
					 operations.
(d) Abandonment. Delay
					 of opening or suspension of operations in violation of this section constitutes
					 abandonment of the open-enrollment charter and constitutes a material violation
					 of the charter contract.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter AA - COMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS › Division 6 - CHARTER SCHOOL OPERATIONS › Section 100.1215 - Instructional Facilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Right to
					 occupy facilities. A charter holder shall have and maintain throughout the term
					 of the open-enrollment charter legally enforceable lease agreements, titles, or
					 other legal instruments conferring on it the right to occupy and use one or
					 more facilities suitable for use as the classrooms and other instructional
					 facilities described in the open-enrollment charter.
(1) The enforceable legal instruments must
					 confer on the charter holder the right to occupy and use suitable instructional
					 facilities for the entire school year adopted by the charter school.
(2) During any period of dormancy, an
					 amendment granting the period of dormancy may waive this requirement.