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 2 - COMMISSIONER ACTION AND INTERVENTION › Section 100.1033 - Charter Amendment

Current through Reg. 49, No. 28; July 12, 2024
(a) Amendments in
					 writing. Subject to the requirements of this section, the terms of an
					 open-enrollment charter may be revised with the consent of the charter holder
					 by written amendment approved by the commissioner of education in
					 writing.
(b) Types of amendments.
					 An amendment includes any change to the terms of an open-enrollment charter,
					 including the following: maximum enrollment, grade levels, geographic
					 boundaries, approved campus(es), approved sites, relocation of campus, charter
					 holder name, charter school (district) name, charter campus name, charter
					 holder governance, articles of incorporation, corporate bylaws, management
					 company, admission policy, or the educational program of the school. An
					 amendment must be approved by the commissioner under this subsection. Expanding
					 prior to receiving the commissioner's approval will have financial consequences
					 as outlined in §
											100.1041(d)(1)
					 of this title (relating to State Funding).
(1) Charter amendment request. Prior to
					 implementation, the charter holder shall file a request, in the form
					 prescribed, with the Texas Education Agency (TEA) division responsible for
					 charter schools. As applicable, the request shall set forth the text and page
					 references, or a photocopy, of the current open-enrollment charter language to
					 be changed, and the text proposed as the new open-enrollment charter language.
					 The request must be attached to a written resolution adopted by the governing
					 body of the charter holder and signed by a majority of the members indicating
					 approval of the requested amendment.
(2) Timeline. All non-expansion amendments
					 may be filed with the commissioner at any time throughout the year. Expansion
					 amendment requests must be received no earlier than the first day of January
					 and no later than the first day of March, not to exceed 18 months preceding the
					 effective date of the expansion.
(3) Relevant information considered. As
					 directed by the commissioner, a charter holder requesting an amendment shall
					 submit current information required by the prescribed amendment form, as well
					 as any other information requested by the commissioner. In considering the
					 amendment request, the commissioner may consider any relevant information
					 concerning the charter holder, including its performance on the Charter School
					 Performance Frameworks (CSPF) adopted by rule in §
												100.1010
					 of this title (relating to Performance Frameworks); student and other
					 performance; compliance, staff, financial, and organizational data; and other
					 information.
(4) Best interest of
					 students. The commissioner may approve an amendment only if the charter holder
					 meets all applicable requirements, and only if the commissioner determines that
					 the amendment is in the best interest of students. The commissioner may
					 consider the performance of all charters operated by the same charter holder in
					 the decision to finally grant or deny an amendment.
(5) Conditional approval. The commissioner
					 may grant the amendment without condition, or may require compliance with such
					 conditions and/or requirements as may be in the best interest of
					 students.
(6) Relocation amendment.
					 An amendment to relocate an existing campus or site is not an expansion
					 amendment subject to paragraphs (9)(A) and (10)(D) of this subsection. An
					 amendment to relocate solely permits a charter holder to relocate an existing
					 campus or site to an alternate address while serving the same students and
					 grade levels without a significant disruption to the delivery of the
					 educational services. The alternate address of the relocation shall not be in
					 excess of 25 miles from the existing campus address.
(7) Ineligibility. The commissioner will not
					 consider any amendment that is submitted by a charter holder that has been
					 notified by the commissioner of the commissioner's intent to allow the
					 expiration of the charter or intent to revoke the charter. This subsection does
					 not limit the commissioner's authority to accept the surrender of a
					 charter.
(8) Amendment
					 determination. The commissioner's decision on an amendment request shall be
					 final and may not be appealed. The same amendment request may not be submitted
					 prior to the first anniversary of the submission of the original amendment
					 request.
(9) Expansion amendment
					 standards. An expansion amendment is an amendment that permits a charter school
					 to increase its maximum allowable enrollment, extend the grade levels it
					 serves, change its geographic boundaries, or add a campus or site.
(A) In addition to the requirements of this
					 subsection, the commissioner may approve an expansion amendment only if:
(i) the expansion will be effective no
					 earlier than the start of the fourth full school year at the affected charter
					 school. This restriction does not apply if the affected charter school has a
					 rating of "academically acceptable" as defined by §
														100.1001(26)
					 of this title (relating to Definitions) as its most recent rating and is
					 operated by a charter holder that operates multiple charter campuses and all of
					 that charter holder's most recent campus ratings are "academically acceptable"
					 as defined by §
														100.1001(26)
					 of this title;
(ii) the amendment
					 request under paragraph (1) of this subsection is received no earlier than the
					 first day of January and no later than the first day of March, not to exceed 18
					 months preceding the effective date of the expansion;
(iii) the most recent district rating for the
					 charter school is "academically acceptable" and the most recent campus rating
					 for at least 90% of the campuses operated under the charter school is
					 "academically acceptable" as defined by §
														100.1001(26)
					 of this title;
(iv) the most recent
					 district financial accountability rating for the charter school in the
					 Financial Integrity Rating System of Texas (FIRST) for Charter Schools is
					 "satisfactory" as defined by §
														100.1001(27)
					 of this title;
(v) the charter
					 school has an accreditation status of Accredited;
(vi) the most recent designation for the
					 charter school under the CSPF is "Tier 1" or "Tier 2" as defined by §
														100.1010
					 of this title;
(vii) before voting
					 to request an expansion amendment, the charter holder governing board has
					 considered a business plan, has determined by majority vote of the board that
					 the growth proposed is financially prudent relative to the financial and
					 operational strength of the charter school, and includes such a statement in
					 the board resolution. Upon request by the TEA, the business plan must be filed
					 within ten business days. The business plan must be comprised of the following
					 components:
(I) a statement discussing the
					 need for the expansion;
(II) a
					 statement discussing the current and projected financial condition of the
					 charter holder and charter school;
(III) an unaudited statement of financial
					 position for the current fiscal year;
(IV) an unaudited statement of financial
					 activities for the current fiscal year;
(V) an unaudited statement of cash flows for
					 the current fiscal year;
(VI) a pro
					 forma budget that includes the costs of operating the charter school, including
					 the implementation of the expansion amendment;
(VII) a statement or schedule that identifies
					 the assumptions used to calculate the charter school's estimated Foundation
					 School Program revenues;
(VIII) a
					 statement discussing the use of debt instruments to finance part or all of the
					 charter school's incremental costs;
(IX) a statement discussing the incremental
					 cost of acquiring additional facilities, furniture, and equipment to
					 accommodate the anticipated increase in student enrollment;
(X) a statement discussing the incremental
					 cost of additional on-site personnel and identifying the additional number of
					 full-time equivalents that will be employed; and
(XI) the required statement that the growth
					 proposed is financially prudent relative to the financial and operational
					 strength of the charter school;
(viii) the charter holder submits a signed
					 statement attesting that within the last three years there have been no
					 instances of nepotism, conflicts of interest, or revelations in criminal
					 history checks that deemed any board member or employee ineligible to serve or
					 submits, for the last three years of operation, copies of documents required by
					 §
														100.1035
					 of this title (relating to Compliance Records on Nepotism, Conflicts of
					 Interest, and Restrictions on Serving), including documents such as affidavits
					 identifying a board member's substantial interest in a business entity or in
					 real property, documentation of a board member's abstention from voting in the
					 case of potential conflicts of interest, affidavits or other documents
					 identifying other family members within the third degree of affinity or
					 consanguinity who serve as board members and/or employees, and affidavits or
					 other documentation that board members or employees whose criminal history
					 checks deemed them ineligible to serve were removed from service;
(ix) the commissioner determines that the
					 amendment is in the best interest of students; and
(x) the charter holder meets all other
					 requirements applicable to expansion amendment requests and other
					 amendments.
(B) Notice
					 of the approval or disapproval of expansion amendments will be made by the
					 commissioner within 60 days of the date the charter holder submits a completed
					 expansion amendment request. The commissioner may provide notice
					 electronically. The commissioner shall specify the earliest effective date for
					 implementation of the expansion. In addition, the commissioner may require
					 compliance with such conditions and/or requirements that may be in the best
					 interest of students.
(10) Expansion amendments.
(A) Maximum enrollment. In addition to the
					 requirements of paragraph (9)(A) of this subsection, the commissioner may
					 approve an expansion amendment request seeking to increase maximum allowable
					 enrollment not more than once each calendar year.
(B) Grade span. In addition to the
					 requirements of paragraph (9)(A) of this subsection, the commissioner may
					 approve an expansion amendment request seeking to extend the grade levels it
					 serves only if it is accompanied by appropriate educational plans for the
					 additional grade levels in accordance with Chapter 74, Subchapter A, of this
					 title (relating to Required Curriculum), and such plan has been reviewed and
					 approved by the charter governing board.
(C) Geographic boundary. In addition to the
					 requirements of paragraph (9)(A) of this subsection, the commissioner may
					 approve an expansion amendment request seeking to expand the geographic
					 boundaries of the charter school only if it is accompanied by evidence of
					 notification, electronic or otherwise, to the relevant district(s).
(D) Additional campus. In addition to the
					 requirements of paragraph (9)(A) of this subsection, the commissioner may
					 approve an expansion amendment request seeking to add a new campus only if it
					 meets the following criteria:
(i) the charter
					 holder has operated at least one charter school campus in Texas for a minimum
					 of three consecutive years;
(ii)
					 the charter school under which the proposed new campus will be assigned
					 currently has at least 50% of the student population in grades assessed under
					 TEC, Chapter 39, Subchapter B. For charter schools serving students in
					 prekindergarten, the charter school may include the students in prekindergarten
					 to count toward the 50% requirement if the charter school can demonstrate
					 acceptable performance on a commissioner-approved prekindergarten assessment or
					 monitoring tool as determined under §
														102.1003
					 of this title (relating to High-Quality Prekindergarten Program) and the
					 addition of the prekindergarten students meets the 50% threshold; and
(iii) the charter holder has provided
					 evidence, via certified mail documented by return receipt, that each school
					 district affected by the expansion was sent a notice to the district's central
					 office of the proposed location and, if available, the address of any new
					 campuses or sites, including proposed grade levels to be served and projected
					 maximum enrollment.
(E)
					 Additional site. In addition to the requirements of paragraph (9)(A) of this
					 subsection, the commissioner may approve an expansion amendment request seeking
					 to add a new site under an existing campus only if it meets the following
					 criteria:
(i) the charter school campus under
					 which the proposed new site will be assigned currently has at least 50% of the
					 student population in grades assessed under TEC, Chapter 39, Subchapter B. For
					 charter school campuses serving students in prekindergarten, the charter school
					 may include the students in prekindergarten to count toward the 50% requirement
					 if the charter school can demonstrate acceptable performance on a
					 commissioner-approved prekindergarten assessment or monitoring tool as
					 determined under §
														102.1003
					 of this title and the addition of the prekindergarten students meets the 50%
					 threshold; and
(ii) the site will
					 be located within 25 miles of the campus with which it is associated.
(11) Expedited
					 expansion. An expedited expansion amendment allows for the establishment of a
					 new charter campus under TEC, §12.101(b-4).
(A) In order to submit an expedited expansion
					 amendment, the charter school must meet the following requirements.
(i) The charter school must have an
					 accreditation status of Accredited and meet the following criteria:
(I) currently has at least 50% of its student
					 population in grades assessed under TEC, Chapter 39, Subchapter B, or has had
					 at least 50% of the students in the grades assessed enrolled in the school for
					 at least three years; and
(II) is
					 currently evaluated under the standard accountability procedures for evaluation
					 under TEC, Chapter 39, and received a district rating in the highest or second
					 highest performance rating category under TEC, Chapter 39, Subchapter C, for
					 three of the last five ratings with:
(-a-) at
					 least 75% of the campuses rated under the charter school also receiving a
					 rating in the highest or second highest performance rating category in the most
					 recent ratings; and
(-b-) no campus
					 receiving a rating in the lowest performance rating category in the most recent
					 ratings.
(ii)
					 The charter holder must submit an expedited expansion amendment request in the
					 time, manner, and form prescribed to the TEA division responsible for charter
					 schools. The expansion amendment request will be:
(I) effective no earlier than the start of
					 the fourth full school year at the affected charter school;
(II) received no earlier than the first day
					 of January and no later than the first day of March, not to exceed 18 months
					 preceding the effective date of the expansion;
(III) communicated via certified mail with a
					 return receipt to the following entities:
(-a-) the superintendent and board of
					 trustees of each school district affected by the expedited expansion as
					 described in the amendment request form; and
(-b-) the members of the legislature who
					 represent the geographic area affected by the expedited expansion as described
					 in the amendment request form, noting that each entity has an opportunity to
					 submit a statement regarding the impact of the amendment to the TEA division
					 responsible for charter schools;
(IV) voted on by the charter holder governing
					 body after consideration of a business plan determined by majority vote of the
					 board affirming the growth proposed in the business plan is financially prudent
					 relative to the financial and operational strength of the charter school. Such
					 a statement must be included in the board resolution. Upon request by the TEA,
					 the business plan must be filed within ten business days; and
(V) submitted with copies of the most recent
					 compliance information relating to §
															100.1035
					 of this title to include documents such as affidavits identifying a board
					 member's substantial interest in a business entity or in real property,
					 documentation of a board member's abstention from voting in the case of
					 potential conflicts of interest, and affidavits or other documents identifying
					 other family members within the third degree of affinity or consanguinity who
					 serve as board members and/or employees.
(B) Notice of eligibility to establish an
					 expedited campus under this section will be made by the commissioner within 60
					 days of the date the charter holder submits a completed expedited expansion
					 amendment.
(12) New
					 school designation. A new school designation is a separate designation and must
					 be paired with an expansion amendment. If approved by the commissioner, this
					 designation permits a charter holder to be eligible to participate in the
					 charter school program competitive grant process when federal funding for the
					 Texas charter school program is available.
(A) The commissioner may approve a new school
					 designation for a charter only if:
(i) the
					 charter holder meets all requirements applicable to an expansion amendment set
					 forth in this section and has operated at least one charter school campus in
					 Texas for a minimum of five consecutive years;
(ii) the charter school has been evaluated
					 under the accountability rating system established in §
														97.1001
					 of this title (relating to Accountability Rating System) currently with at
					 least 50% of the student population in grades assessed by the state
					 accountability system, has an accreditation status of Accredited, and meets the
					 following:
(I) is currently evaluated under
					 the standard accountability procedures, currently has the highest or second
					 highest district rating, and received the highest or second highest district
					 rating in the previous two ratings with at least 75% of the campuses operated
					 under the charter also receiving the highest or second highest rating and no
					 campus with an "academically unacceptable" rating, as defined by §
															100.1001(26)
					 of this title, in the most recent state accountability ratings. A rating that
					 does not meet the criteria for "academically acceptable" as defined in §
															100.1001(26)
					 of this title shall not be considered the highest or second highest academic
					 performance rating for purposes of this section; or
(II) is currently evaluated under the
					 alternative education accountability (AEA) procedures and received the highest
					 or second highest AEA district rating for five of the last five ratings with:
(-a-) in the most recent applicable state
					 accountability ratings, all rated campuses under the charter receiving an
					 "academically acceptable" or higher rating, as defined by §
																100.1001(26)
					 of this title; and
(-b-) if
					 evaluated using AEA procedures, the district-level assessment data
					 corresponding to the most recent accountability ratings demonstrate that at
					 least 35% of the students in each of the following student groups (if
					 evaluated) met the standard as reported by the sum of all grades tested on the
					 standard accountability indicator in each subject area assessed: African
					 American, Hispanic, white, special education, economically disadvantaged,
					 limited English proficient, and at risk;
(iii) no charter campus has been identified
					 for federal interventions in the most current report;
(iv) the charter school is not under any
					 sanction imposed by TEA authorized under TEC, Chapter 39; Chapter 97,
					 Subchapter EE, of this title (relating to Accreditation Status, Standards, and
					 Sanctions); or federal requirements;
(v) the charter holder completes an
					 application approved by the commissioner;
(vi) the new charter school campus that
					 receives the new school designation will serve at least 100 students in its
					 third year of operation;
(vii) the
					 amendment complies with all requirements of this paragraph; and
(viii) the commissioner determines that the
					 designation is in the best interest of students.
(B) In addition to the requirements of
					 subparagraph (A) of this paragraph, the commissioner may approve a new school
					 designation only if the campus with the proposed designation:
(i) satisfies each element of the definition
					 of a public charter school as set forth in federal law;
(ii) is not merely an extension of an
					 existing charter school;
(iii) is
					 separate and distinct from the existing charter school campus(es) established
					 under the open-enrollment charter school with a new facility and
					 county-district-campus number; and
(iv) is governed, in the school's amended
					 contract, by a separate written performance agreement that meets the
					 requirements of federal law and TEC, §12.111(a)(3) and (4).
(C) In making the findings
					 required by subparagraph (B)(i) and (iii) of this paragraph, the commissioner
					 shall consider:
(i) the terms of the
					 open-enrollment charter school as a whole, as modified by the new school
					 designation; and
(ii) whether the
					 campus with the proposed designation shall be established and recognized as a
					 separate school under Texas law.
(D) In making the findings required by
					 subparagraph (B)(ii) and (iii) of this paragraph, the commissioner shall
					 consider whether the campus with the proposed designation and the existing
					 charter school campus(es) have separate sites, employees, student populations,
					 and governing bodies and whether their day-to-day operations are carried out by
					 different officers. The presence or absence of any one of these elements, by
					 itself, does not determine whether the campus with the proposed designation
					 will be found to be separate or part of an existing school. However, the
					 presence or absence of several elements will inform the commissioner's
					 decision.
(E) In making the finding
					 required by subparagraph (B)(iv) of this paragraph, the commissioner shall
					 consider:
(i) whether the campus with the
					 proposed designation and the existing charter school campus(es) have distinctly
					 different requirements in their respective written performance agreements;
					 and
(ii) the extent to which the
					 performance agreement for the campus with the proposed designation imposes
					 higher standards than those imposed by TEC, §12.104(b)(2)(L).
(F) Failure to meet any standard
					 or requirement outlined in this paragraph or agreed to in a performance
					 agreement under subparagraph (B)(iv) of this paragraph shall mean the immediate
					 termination of any federal charter school program grant and/or any waiver
					 exempting a charter from some of the expansion amendment requirements that may
					 have been granted to a charter holder as a result of the new school
					 designation.
(13)
					 High-quality campus designation. A high-quality campus designation is a
					 separate designation and must be paired with an expansion amendment. If
					 approved by the commissioner, this designation permits a charter holder to
					 establish an additional charter school campus under an existing open-enrollment
					 charter school pursuant to federal non-regulatory guidance. Charter holders of
					 charter schools that receive high-quality campus designation from the
					 commissioner will be eligible to participate in the charter school program
					 competitive grant process when federal funding for the Texas charter school
					 program is available.
(A) The commissioner
					 may approve a high-quality campus designation for a charter only if:
(i) the charter holder meets all requirements
					 applicable to an expansion amendment set forth in this section and has operated
					 at least one charter school campus in Texas for a minimum of five consecutive
					 years;
(ii) the charter school has
					 been evaluated under the accountability rating system established in §
														97.1001
					 of this title, currently has at least 50% of the student population in grades
					 assessed by the state accountability system, has an accreditation status of
					 Accredited, is currently evaluated under the standard accountability
					 procedures, currently has the highest or second highest district rating, and
					 received the highest or second highest rating in the previous two ratings with
					 all of the campuses operated under the charter also receiving the highest or
					 second highest rating as defined by §
														100.1001(26)
					 of this title in the most recent state accountability ratings;
(iii) no charter campus has been identified
					 for federal interventions in the most current report;
(iv) the charter school is not under any
					 sanction imposed by TEA authorized under TEC, Chapter 39; Chapter 97,
					 Subchapter EE, of this title; or federal requirements;
(v) the charter holder completes an
					 application approved by the commissioner;
(vi) the new charter school campus that
					 receives the high-quality campus designation will serve at least 100 students
					 in its third year of operation;
(vii) the amendment complies with all
					 requirements of this paragraph; and
(viii) the commissioner determines that the
					 designation is in the best interest of students.
(B) In addition to the requirements of
					 subparagraph (A) of this paragraph, the commissioner may approve a high-quality
					 campus designation only if the campus with the proposed designation:
(i) satisfies each element of the definition
					 of a public charter school as set forth in federal law;
(ii) is separate and distinct from the
					 existing charter school campus(es) established under the open-enrollment
					 charter school with a separate facility and county-district-campus number;
					 and
(iii) is governed, in the
					 school's amended contract, by a separate written performance agreement that
					 meets the requirements of federal law and TEC, §12.111(a)(3) and
					 (4).
(C) In making the
					 findings required by subparagraph (B)(i) and (iii) of this paragraph, the
					 commissioner shall consider:
(i) the terms of
					 the open-enrollment charter school as a whole, as modified by the high-quality
					 campus designation; and
(ii)
					 whether the campus with the proposed designation shall be established and
					 recognized as a separate school under Texas law.
(D) In making the findings required by
					 subparagraph (B)(ii) of this paragraph, the commissioner shall consider whether
					 the campus with the proposed designation and the existing charter school
					 campus(es) have separate sites, employees, student populations, and governing
					 bodies and whether their day-to-day operations are carried out by different
					 officers. The presence or absence of any one of these elements, by itself, does
					 not determine whether the campus with the proposed designation will be found to
					 be separate or part of an existing school. However, the presence or absence of
					 several elements will inform the commissioner's decision.
(E) In making the finding required by
					 subparagraph (B)(iii) of this paragraph, the commissioner shall consider:
(i) whether the campus with the proposed
					 designation and the existing charter school campus(es) have distinctly
					 different requirements in their respective written performance
					 agreements;
(ii) whether an annual
					 independent financial audit of the campus with the proposed designation is to
					 be conducted. The high-quality campus must have a plan for a separate audit
					 schedule apart from the open-enrollment charter school audit; and
(iii) the extent to which the performance
					 agreement for the campus with the proposed designation imposes higher standards
					 than those imposed by TEC, §12.104(b)(2)(L).
(F) Failure to meet any standard or
					 requirement outlined in this paragraph or agreed to in a performance agreement
					 under subparagraph (B)(iii) of this paragraph shall mean the immediate
					 termination of any federal charter school program grant and/or any waiver
					 exempting a charter from some of the expansion amendment requirements that may
					 have been granted to a charter holder as a result of the high-quality campus
					 designation.
(14)
					 Delegation amendment. A delegation amendment is an amendment that permits a
					 charter holder to delegate, pursuant to §
												100.1101(c)
					 of this title (relating to Delegation of Powers and Duties), the powers or
					 duties of the governing body of the charter holder to any other person or
					 entity.
(A) The commissioner may approve a
					 delegation amendment only if:
(i) the charter
					 holder meets all requirements applicable to delegation amendments and
					 amendments generally;
(ii) the
					 amendment complies with all requirements of Chapter 100, Subchapter AA,
					 Division 5, of this title (relating to Charter School Governance);
					 and
(iii) the commissioner
					 determines that the amendment is in the best interest of students.
(B) The commissioner may grant the
					 amendment without condition or may require compliance with such conditions
					 and/or requirements as may be in the best interest of students.
(C) The following powers and duties must
					 generally be exercised by the governing body of the charter holder itself,
					 acting as a body corporate in meetings posted in compliance with Texas
					 Government Code, Chapter 551. Absent a specific written exception of this
					 subparagraph, setting forth good cause why a specific function listed in
					 clauses (i)-(vi) of this subparagraph cannot reasonably be carried out by the
					 charter holder governing body, the commissioner may not grant an amendment
					 delegating such functions to any person or entity through a contract for
					 management services or otherwise. An amendment that is not authorized by such a
					 specific written exception is not effective for any purpose. Absent such
					 exception, the governing body of the charter holder shall not delegate:
(i) final authority to hear or decide
					 employee grievances, citizen complaints, or parental concerns;
(ii) final authority to adopt or amend the
					 budget of the charter holder or the charter school, or to authorize the
					 expenditure or obligation of state funds or the use of public
					 property;
(iii) final authority to
					 direct the disposition or safekeeping of public records, except that the
					 governing body may delegate this function to any person, subject to the
					 governing body's superior right of immediate access to, control over, and
					 possession of such records;
(iv)
					 final authority to adopt policies governing charter school
					 operations;
(v) final authority to
					 approve audit reports under TEC, §44.008(d); or
(vi) initial or final authority to select,
					 employ, direct, evaluate, renew, non-renew, terminate, or set compensation for
					 the superintendent or, as applicable, the administrator serving as the
					 educational leader and chief executive officer.
(D) The following powers and duties must be
					 exercised by the superintendent or, as applicable, the administrator serving as
					 the educational leader and chief executive officer of the charter school.
					 Absent a specific written exception of this subparagraph, setting forth good
					 cause why a specific function listed in clauses (i)-(iii) of this subparagraph
					 cannot reasonably be carried out by the superintendent or, as applicable, the
					 administrator serving as the educational leader and chief executive officer of
					 the charter school, the commissioner may not grant an amendment permitting the
					 superintendent/chief executive officer to delegate such function through a
					 contract for management services or otherwise. An amendment that is not
					 authorized by such a specific written exception is not effective for any
					 purpose. Absent such exception, the superintendent/chief executive officer of
					 the charter school shall not delegate final authority:
(i) to organize the charter school's central
					 administration;
(ii) to approve
					 reports or data submissions required by law; or
(iii) to select and terminate charter school
					 employees or officers.