reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter A - OPEN-ENROLLMENT CHARTER SCHOOLS › Section 100.1 - Selection Process

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
				  Texas Education Code (TEC), §12.101, a State Board of Education (SBOE)
				  member shall be designated by the SBOE chair to work in coordination with the
				  commissioner of education on the review of TEC, Chapter 12, Subchapter D,
				  open-enrollment charter school applicants.
(b) Following the commissioner's notification
				  to the SBOE of the charters the commissioner proposes to grant, a majority of
				  the SBOE members present and voting may vote to veto the commissioner's
				  proposed charter(s) or may vote to take no action. The SBOE's consideration of
				  the proposed charters will occur no later than 90 days following the
				  commissioner's notification.
(c)
				  The SBOE may not vote or deliberate on any charter application that has not
				  been proposed by the commissioner. For purposes of this section, deliberation
				  is defined in Texas Government Code, §
										551.001.
(d) An applicant for an open-enrollment
				  charter, or any person or entity acting on behalf of an applicant for an
				  open-enrollment charter, shall not communicate with a member of the SBOE
				  concerning a charter school application beginning on the date the application
				  is submitted and ending on the date the applicant passes through an external
				  review with a qualifying score. The SBOE may veto a proposed application for
				  violation of this subsection.
Texas Administrative Code › Title 19 - EDUCATION › Part 2 - TEXAS EDUCATION AGENCY › Chapter 100 - CHARTERS › Subchapter B - HOME-RULE SCHOOL DISTRICT CHARTERS › Section 100.201 - Adverse Action on a Home-Rule School District Charter

Current through Reg. 49, No. 28; July 12, 2024
(a) The State Board of Education (SBOE) may
				  place on probation or revoke a home-rule school district charter if the SBOE
				  determines that the district:
(1) committed a
				  material violation of the charter;
(2) failed to satisfy generally accepted
				  accounting standards of fiscal management; or
(3) failed to comply with the requirements of
				  the Texas Education Code (TEC), Chapter 12, Subchapter B, or other applicable
				  law or rule.
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 1 - GENERAL PROVISIONS › Section 100.1001 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
						subchapter, have the following meaning, unless the context clearly indicates
						otherwise.
(1) Charter holder,
					 governing body of a charter holder, and governing body of a charter school--The
					 definitions of these terms are assigned in Texas Education Code (TEC),
					 §12.1012.
(2) Former charter
					 holder--An entity that is or was a charter holder, but that has ceased to
					 operate a charter school because its open-enrollment charter has been revoked,
					 surrendered, abandoned, or denied renewal, or because all programs have been
					 ordered closed under TEC, Chapter 39.
(A) A
					 charter holder whose authority to operate has been suspended under TEC, §
												12.1162, is
					 not a former charter holder.
(B) A
					 charter holder with more than one open-enrollment charter is a former charter
					 holder only with respect to the open-enrollment charter that authorizes a
					 charter school that has ceased to operate. The charter holder is not a former
					 charter holder with respect to an open-enrollment charter that authorizes a
					 charter school that continues to operate.
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 1 - GENERAL PROVISIONS › Section 100.1002 - Application and Selection Procedures and Criteria

Current through Reg. 49, No. 28; July 12, 2024
(a) Prior to each selection cycle, the
					 commissioner of education shall approve an application form for submission by
					 applicants seeking to operate a high quality open-enrollment charter school.
					 The application form shall address the content requirements specified in Texas
					 Education Code (TEC), §12.111, and contain the following:
(1) the timeline for selection;
(2) required applicant conferences and
					 training prerequisites;
(3) scoring
					 criteria and procedures for use by the review panel selected under subsection
					 (d) of this section;
(4) selection
					 criteria, including the minimum score necessary for an application to be
					 eligible for selection; and
(5) the
					 earliest date an open-enrollment charter school selected in the cycle may
					 open.
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 1 - GENERAL PROVISIONS › Section 100.1003 - Application to Dropout Recovery Charters

Current through Reg. 49, No. 28; July 12, 2024
A charter granted under Texas Education Code, §
											12.101(b-7),
						for a dropout recovery school shall not be considered for the purposes of the
						limit on the number of charters for open enrollment under the cap. Such
						charter, however, shall expire at the end of any school year in which the
						school does not meet the statutory definition of dropout recovery as determined
						by the Texas Education Agency from the applicable Public Education Information
						Management System (PEIMS) report. A dropout recovery school shall be defined as
						a school that:
(1) serves students in
					 Grades 9-12;
(2) has an enrollment
					 of which 50% of students are 17 years of age or older as of September 1 of the
					 school year as reported for the fall semester PEIMS submission; and
(3) meets eligibility requirements for and is
					 registered under alternative education accountability (AEA)
					 procedures.
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 1 - GENERAL PROVISIONS › Section 100.1004 - Application to Public Senior College or University Charters and Public Junior College Charters

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply as indicated in this
						section to a public senior college or university charter school or a public
						junior college charter school as though the public senior college or university
						charter school or the public junior college charter school were granted a
						charter under Texas Education Code, Chapter 12, Subchapter D.
(1) Section
					 100.1002(a)
					 of this title (relating to Application and Selection Procedures and Criteria)
					 applies, except that the commissioner of education may adopt a separate
					 application form for applicants seeking a charter to operate a public senior
					 college or university charter school or a public junior college charter school,
					 which need not be similar to the application form adopted under that subsection
					 for other charter applicants. The commissioner may approve or amend this
					 separate application form without regard to the selection cycle referenced in
					 that subsection.
(2) Section
					 100.1002(c), (h)(1)-(5) and (8), (m), and (o) of this title apply unless
					 provided otherwise in 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 1 - GENERAL PROVISIONS › Section 100.1005 - Notification of Charter Application

Current through Reg. 49, No. 28; July 12, 2024
Prior to an application for an open-enrollment charter
						being submitted to the commissioner of education, the applicant shall provide
						notification via certified mail, return receipt requested, to:
(1) the board of trustees and superintendent
					 of each school district from the proposed geographic boundary as described in
					 the open-enrollment charter application;
(2) the governing board and superintendent of
					 each charter school from the proposed geographic boundary as described in the
					 open-enrollment charter application; and
(3) each member of the legislature and State
					 Board of Education member that represent the geographic area to be served by
					 the proposed 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 1 - GENERAL PROVISIONS › Section 100.1006 - Optional Open-Enrollment Charter Provisions for Contracting and Purchasing

Current through Reg. 49, No. 28; July 12, 2024
Improvements to real property. Section
						100.1073
						of this title (relating to Improvements to Real Property) applies to a charter
						holder unless the charter holder amends its open-enrollment charter to include
						a statement expressly adopting the provisions of Texas Education Code (TEC),
						Chapter 44, Subchapter B, as the charter holder's process for awarding a
						contract for the construction, repair, or renovation of a structure, road,
						highway, or other improvement or addition to real property. If such a statement
						is included in the open-enrollment charter, then the provisions of TEC, Chapter
						44, Subchapter B, control in lieu of §
											100.1073
						of this title. Nothing in this section shall require a charter holder to comply
						with TEC, Chapter 44, Subchapter B, except when awarding a contract for the
						construction, repair, or renovation of a structure, road, highway, or other
						improvement or addition to real property.
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 1 - GENERAL PROVISIONS › Section 100.1007 - Annual Report on Open-Enrollment Charter Governance

Current through Reg. 49, No. 28; July 12, 2024
(a) No later than December 1 of each year,
					 each open-enrollment charter holder shall file under §
											100.1013 of
					 this title (relating to Filing of Documents), the following information on a
					 charter school governance reporting form approved by the commissioner of
					 education:
(1) identifying information for
					 and compensation of each officer and member of the governing body of the
					 open-enrollment charter holder;
(2)
					 identifying information for and compensation of each officer of the charter
					 school;
(3) identifying information
					 for and compensation of each member of the governing body of the charter
					 school, if the charter holder has established a governing body for the charter
					 school;
(4) identifying information
					 for and compensation of all family members, within the third degree of
					 consanguinity or third degree of affinity, of each board member, chief
					 executive officer/superintendent, and chief financial officer for purposes of
					 conflict of interest; and
(5)
					 identifying information for and compensation of all family members, within the
					 third degree of consanguinity or second degree of affinity, of each board
					 member and chief executive officer/superintendent for purposes of
					 nepotism.
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 1 - GENERAL PROVISIONS › Section 100.1010 - Performance Frameworks

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 performance of an open-enrollment charter school will be measured annually
					 against a set of criteria set forth in the Charter School Performance Framework
					 (CSPF) Manual established under Texas Education Code (TEC), §12.1181. The
					 CSPF Manual will include measures for charters registered under the standard
					 accountability system and measures for charters registered under the
					 alternative education accountability system as adopted under §
											97.1001 of this title (relating to
					 Accountability Rating System).
(b)
					 The performance of an adult high school diploma and industry certification
					 charter school will be measured annually in the CSPF against a set of criteria
					 established under TEC, §
											29.259.
(c) The assignment of performance levels for
					 charter schools on the 2022 CSPF report is based on specific criteria, which
					 are described in the
2022 Charter School Performance Framework
					 Manual
provided in this subsection.
Attached Graphic
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 1 - GENERAL PROVISIONS › Section 100.1013 - Filing of Documents

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply to a document filed with
						the Texas Education Agency (TEA) under a provision of this subchapter. Grant
						applications and other documents filed with the TEA under provisions other than
						this subchapter are governed by the filing rules specific to those
						documents.
(1) Hand delivery. A
					 document shall be deemed filed only when stamped received by the receiving
					 division of the TEA. A document stamped received after 5:00 p.m. Central
					 Standard Time (CST) shall be deemed filed on the following business
					 day.
(2) Mail or courier. A
					 document may be filed by mail if sent by certified United States mail, return
					 receipt requested, or by an overnight courier service. A document shall be
					 deemed timely filed if it is mailed on the filing deadline, as evidenced by a
					 legible postmark placed on the envelope by the United States Postal Service,
					 and the document is stamped received by the receiving division by 5:00 p.m. CST
					 on the fifth business day following the filing deadline.
(3) Facsimile transmission. Where facsimile
					 transmission is permitted by the receiving division, the following provisions
					 apply:
(A) Facsimile transmission of a
					 document via telecopier to the receiving division constitutes filing if
					 received in legible form. Filing by facsimile completed after 5:00 p.m. CST
					 shall be deemed filed on the following business day.
(B) If the document requires an original
					 signature or must be an original under applicable rules, then facsimile
					 transmission constitutes filing only if, by 5:00 p.m. on the tenth calendar day
					 following the filing deadline, the original is stamped received by the
					 receiving division.
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 1 - GENERAL PROVISIONS › Section 100.1017 - Application of Law and Rules to Public Senior College or University Charters and Public Junior College Charters

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Except as expressly provided in the rules in this subchapter, or where required
					 by Texas Education Code (TEC), Chapter 12, Subchapter E (College or University
					 or Junior College Charter School), a provision of the rules in this subchapter
					 applies to a public senior college or university charter school or junior
					 college charter school as though the public senior college or university
					 charter school or junior college charter school were granted a charter under
					 TEC, Chapter 12, Subchapter D (Open-Enrollment Charter School).
(b) The following provisions of this
					 subchapter do not apply to a public senior college or university charter school
					 or a public junior college charter school:
(1)
												§
												100.1033(b)(13)
					 and §
												100.1101
					 of this title, relating to delegation of powers and duties, except as
					 authorized in the charter contract upon written request of the governing body
					 of the university, college, or junior college;
(2)
												§
												100.1035
					 of this title, relating to compliance records;
(3)
												§
												100.1073
					 of this title, relating to improvements to real property;
(4)
												§§
												100.1111-100.1116
					 of this title, relating to nepotism;
(5)
												§§
												100.1131-100.1135
					 of this title, relating to conflicts of interest;
(6)
												§
												100.1203(a)
					 of this title, relating to retention of government records; and
(7)
												§
												100.1205
					 of this title, relating to procurement of professional services.
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 1 - GENERAL PROVISIONS › Section 100.1019 - Application to Adult High School Charters

Current through Reg. 49, No. 28; July 12, 2024
The following provisions apply as indicated in this
						section to an adult education charter school as though the adult education
						charter school was granted a charter under Texas Education Code, Chapter 12,
						Subchapter D.
(1) Section
					 100.1002(a) of
					 this title (relating to Application and Selection Procedures and Criteria)
					 applies, except that the commissioner of education may adopt a separate
					 application form for applicants seeking a charter to operate an adult education
					 charter school, which need not be similar to the application form adopted under
					 that subsection for other charter applicants. The commissioner may approve or
					 amend this separate application form without regard to the selection cycle
					 referenced in that subsection.
(2)
					 Section 100.1002(b)(1), (c)-(g), (h)(1)-(3) and (6)-(8), (i), and (m)-(q) of
					 this title apply unless provided otherwise in 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 1 - GENERAL PROVISIONS › Section 100.1020 - Determination of Academic Accountability

Current through Reg. 49, No. 28; July 12, 2024
If academic ratings are not issued for any reason, scaled
						scores may be used to determine "academically acceptable" and "academically
						unacceptable" performance.
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 100.1021 - Revocation and Modification of Governance of an Open-Enrollment Charter

Current through Reg. 49, No. 28; July 12, 2024
(a) Mandatory revocation or reconstitution.
					 Except as provided by subsection (b) of this section, the commissioner of
					 education shall either revoke the charter of an open-enrollment charter school
					 or reconstitute the governing body of the charter holder if the commissioner
					 determines that the charter holder:
(1)
					 committed a material violation of the charter, including failure to satisfy
					 accountability provisions prescribed by the charter;
(2) failed to satisfy generally accepted
					 accounting standards of fiscal management;
(3) failed to protect the health, safety, or
					 welfare of the students enrolled at the school;
(4) failed to comply with Texas Education
					 Code, Chapter 12, Subchapter D, or another applicable law or rule;
(5) failed to satisfy the performance
					 framework standards as set forth in the Charter School Performance Framework
					 Manual established under Texas Education Code (TEC), §12.1181;
					 or
(6) is imminently insolvent as
					 determined by the commissioner in accordance with §
												100.1022(h)
					 of this title (relating to Standards to Revoke and Modify the Governance of an
					 Open-Enrollment 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 2 - COMMISSIONER ACTION AND INTERVENTION › Section 100.1022 - Standards to Revoke and Modify the Governance of an Open-Enrollment Charter

Current through Reg. 49, No. 28; July 12, 2024
(a) Criteria for taking action. The action
					 the commissioner of education takes under §
											100.1021(a)
					 of this title (relating to Revocation and Modification of Governance of an
					 Open-Enrollment Charter) to either revoke or modify the governance of a charter
					 shall be based on the best interest of the charter school's students as it
					 relates to the violation charged in the notice, the severity of the violation,
					 and any previous violation the school has committed.
(1) These criteria are not listed in order of
					 importance. Rather, the commissioner shall assign weight to each criterion as
					 indicated by the facts of the case presented. For example, serious or
					 persistent charter violations may warrant revocation or non-renewal even if the
					 violations benefited or had neutral effect on the students enrolled in the
					 charter school. The state's interest in legal compliance is sufficient basis
					 for action.
(2) The "best interest
					 of the charter school's students" is not a decisional criterion independent of
					 the violation charged in the notice. Rather, the commissioner shall consider
					 the best interests of students only as this criterion relates to the violation
					 charged in the notice. For example, evidence of serious and persistent
					 violations in one area of performance may not be offset or excused by evidence
					 of benefit to students in an area of performance that is unrelated to the
					 violation charged in the notice.
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 100.1023 - Intervention Based on Charter Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner of education shall
					 temporarily withhold state funds, suspend the authority of an open-enrollment
					 charter school to operate, impose any sanction under Texas Education Code,
					 Chapter 39, Subchapter E, and/or take any other reasonable action the
					 commissioner determines necessary, if the commissioner determines that a
					 charter holder:
(1) committed a material
					 violation of the school's charter;
(2) failed to satisfy generally accepted
					 accounting standards of fiscal management; or
(3) failed to comply with this subchapter or
					 another applicable rule or 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 2 - COMMISSIONER ACTION AND INTERVENTION › Section 100.1025 - Intervention Based on Health, Safety, or Welfare of Students

Current through Reg. 49, No. 28; July 12, 2024
(a) The commissioner of education may
					 temporarily withhold state funds, suspend the authority of an open-enrollment
					 charter school to operate in its entirety or at one or more locations, and/or
					 take any other reasonable action the commissioner determines necessary to
					 protect the health, safety, or welfare of students enrolled at the school based
					 on evidence that conditions at the school present a danger to the health,
					 safety, or welfare of the students.
(b) The commissioner must notify the charter
					 holder in writing of the action taken in subsection (a) of this
					 section.
(c) If the commissioner's
					 actions under subsection (a) of this section relate to circumstances that
					 present an imminent danger of material harm to the health, safety, or welfare
					 of students, the open-enrollment charter school may not receive state funds and
					 may not resume operating until a determination is made that:
(1) despite initial evidence, the conditions
					 at the school do not present an imminent danger of material harm to the health,
					 safety, or welfare of students; or
(2) the conditions at the school that
					 presented an imminent danger of material harm to the health, safety, or welfare
					 of students have been corrected.
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 100.1026 - Management of Charter Campus(es) Following Revocation, Surrender, or Expiration

Current through Reg. 49, No. 28; July 12, 2024
Upon revocation, surrender, or expiration of a charter,
						the commissioner of education or the commissioner's designee may:
(1) assign one or more campuses to a
					 consenting charter holder that meets the minimum qualifications for a campus
					 expansion amendment approval as designated in §
											100.1033(b)(1)-(9)
					  of this title (relating to Charter
					 Amendment); or
(2) provide for the
					 management of the day-to-day operations of the campus(es) until alternative
					 arrangements have been made.
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 100.1027 - Accountability Ratings and Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Commissioner authority. The commissioner of education may take any action
					 relating to the charter holder or any of its charter campuses authorized by
					 Texas Education Code (TEC), Chapter 39, Subchapters B, C, D, E, and J, and the
					 rules adopted under those subchapters. Except as expressly provided by statute,
					 the commissioner may take any accountability action against a charter holder or
					 charter campus that the commissioner is authorized to take against a school
					 district or campus under those subchapters.
(b) Charter holder cooperation. A charter
					 holder and its employees and agents shall fully cooperate with an action under
					 subsection (a) of this section, and shall take all actions necessary to secure
					 the cooperation of a management company. Failure to comply with lawful
					 requests, directives, or other agency actions under subsection (a) of this
					 section constitutes a material charter violation.
(c) Management company cooperation. A
					 management company and its employees and agents shall fully cooperate with an
					 action under subsection (a) of this section. Failure to comply with lawful
					 requests, directives, or other agency actions under subsection (a) of this
					 section constitutes a management company breach.
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 100.1029 - Agency Audits, Monitoring, and Investigations

Current through Reg. 49, No. 28; July 12, 2024
(a) Agency authority. The Texas Education
					 Agency (TEA) may conduct routine audits, monitoring, and other investigations
					 of the charter school or charter holder to determine compliance with the terms
					 of the open-enrollment charter, with the terms of federal or state grants, or
					 as authorized in the Texas Education Code (TEC) or other law.
(b) Charter holder cooperation. A charter
					 holder and its employees and agents shall fully cooperate with audits,
					 monitoring, and investigations under subsection (a) of this section, and shall
					 take all actions necessary to secure the cooperation of a management company.
					 Failure to comply with lawful requests, directives, or other agency actions
					 under subsection (a) constitutes a material charter violation.
(c) Management company cooperation. A
					 management company and its employees and agents shall fully cooperate with
					 audits, monitoring, and investigations under subsection (a) of this section.
					 Failure to comply with lawful requests, directives, or other agency actions
					 under subsection (a) constitutes a management company breach.
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 100.1031 - Renewal of an Open-Enrollment Charter

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 Petition for renewal.
(1) A charter holder of
					 an open-enrollment charter may submit, as described by this section, a petition
					 for:
(A) expedited renewal; or
(B) discretionary renewal.
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 100.1032 - Standards for Discretionary Renewal

Current through Reg. 49, No. 28; July 12, 2024
Criteria for discretionary renewal. The following
						criteria shall be considered by the commissioner of education during the
						discretionary renewal process. The commissioner may non-renew a charter
						contract based on any of the following:
(1) Academic:
(A) assignment of an "academically
					 unacceptable" rating as defined in §
												100.1001(26)
					 of this title (relating to Definitions);
(B) failure to meet academic performance
					 standards for students not measured in the accountability system;
(C) academic performance of subpopulations;
					 and
(D) failure to meet program
					 requirements for special populations, including, but not limited to, special
					 education, bilingual/English as a second language, and career and technical
					 education;
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 100.1035 - Compliance Records on Nepotism, Conflicts of Interest, and Restrictions on Serving

Current through Reg. 49, No. 28; July 12, 2024
(a) A charter
					 holder shall collect, maintain, and make available on request for inspection
					 under this division, the following information on a form or in a format
					 approved by the commissioner of education:
(1) information identifying each member of
					 the governing body of the charter holder and related compliance information as
					 required by subsection (b) of this section;
(2) information identifying each chief
					 executive officer and chief financial officer of the charter school and related
					 compliance information as required by subsection (b) of this section;
(3) information identifying each member of
					 the governing body of the charter school, if the charter holder has established
					 a governing body for the charter school, and related compliance information as
					 required by subsection (b) of this section; and
(4) information identifying each employee of
					 the charter school and related compliance information as required by 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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1041 - State Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Funding
					 formula elements. A charter school is entitled to funding from both tiers of
					 the Foundation School Program (FSP) in accordance with the funding formulas for
					 school districts pursuant to Texas Education Code (TEC), Chapter 42.
(1) Tier I program allocations are determined
					 by substituting the statewide average adjusted allotment in place of the
					 district's calculated adjusted allotment. The state average adjusted allotment
					 takes into account the cost of education index and the small, mid-size, and
					 sparsity adjustments specified in TEC, §§
												42.102,
					 42.103,
					 42.104,
					 and
					 42.105. The
					 state average adjusted allotment is computed by averaging the adjusted
					 allotment for each independent school district (ISD) in the state for the
					 relevant school year.
(2) An
					 allocation for the guaranteed yield allotment for Tier II of the FSP is
					 determined by substituting a statewide average enrichment tax rate in place of
					 the district's calculated enrichment tax rate (DTR) pursuant to TEC, §
												42.302. The state
					 average tax rate is computed by averaging the DTR for each component of Tier II
					 for each ISD in the state for the relevant school 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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1043 - Status and Use of State Funds; Depository Contract

Current through Reg. 49, No. 28; July 12, 2024
(a) Status and use of state funds.
(1) State funds received by a charter holder
					 are public funds for all purposes under state law, and may be used only for a
					 purpose for which a school district may use local funds under Texas Education
					 Code (TEC), §
												45.105(c).
					 Any other use or application of such funds constitutes misuse and
					 misapplication of public funds and is subject to the civil and criminal laws
					 governing misuse or misapplication of Texas public funds.
(2) State funds received by a charter holder
					 are held by the charter holder in trust for the benefit of the students of the
					 charter school. In their use of public funds, the governing body of a charter
					 holder, and the governing body and officers of a charter school, shall be held
					 to the standard of care and fiduciary duties that a trustee owes a beneficiary
					 under Texas law.
(3) A charter
					 school shall accept tuition for students holding certain student visas as
					 described in TEC, §25.0031(a).
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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1045 - Investment of State Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) This section
					 applies to a charter holder unless alternative requirements for investing state
					 funds 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 invest state funds
					 in accordance with Government Code, §§
											2256.009-2256.016.
(1) A requirement in those sections 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.
(2) State funds invested by a charter holder
					 shall be maintained in a discrete charter investment account, separate and
					 distinct from the operating accounts for the charter school and separate and
					 distinct from any investment accounts related to non-charter
					 activities.
(3) A charter holder
					 shall invest state funds in accordance with any applicable provision or
					 covenant contained in a debt instrument, bond indenture, or similar
					 agreement.
(4) Nothing in this
					 subsection shall authorize the investment of state or federal grant funds,
					 unless investment of such funds is expressly authorized under the terms of the
					 grant.
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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1047 - Accounting for State and Federal Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) Fiscal year. A charter holder shall adopt
					 a fiscal year consistent with Texas Education Code (TEC),
					 §44.0011.
(b) Financial
					 accounting. A charter holder shall comply fully with:
(1) Generally Accepted Accounting Principles
					 (GAAP);
(2) the Financial
					 Accountability System Resource Guide, as adopted by reference in §
												109.41
					 of this title (relating to Financial Accountability System Resource
					 Guide);
(3) the federal standards
					 for financial management systems, 34 Code of Federal Regulations §80.20,
					 Office of Management and Budget Circular A-87, and/or other applicable federal
					 standards; and
(4) the financial
					 accountability rating system (School FIRST for Charter Schools) specified in
					 Chapter 109, Subchapter AA, of this title (relating to Commissioner's Rules
					 Concerning Financial Accountability).
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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1049 - Disclosure of Campaign Contributions

Current through Reg. 49, No. 28; July 12, 2024
(a)
					 The governing body of a charter holder shall adopt policies implementing the
					 disclosure requirements of State Board of Education Operating Rule, §4.3
					 (Disclosure of Campaign Contributions and Gifts), or its successor, and shall
					 insure compliance by:
(1) the members of the
					 governing body of the charter holder and charter school;
(2) the employees and agents of the charter
					 holder and charter school; and
(3)
					 any management company under contract with 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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1050 - Disclosure of Financial Information

Current through Reg. 49, No. 28; July 12, 2024
The governing board of an open-enrollment charter school
						shall continuously post on the school's internet website the following
						information:
(1) the salary of the
					 school's superintendent or, as applicable, the administrator serving as the
					 educational leader and chief executive officer; and
(2) the school's annual financial
					 statement.
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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1051 - Audit by Commissioner; Records in the Possession of a Management Company

Current through Reg. 49, No. 28; July 12, 2024
(a) Commissioner authority. To the extent
					 consistent with subsection (b) of this section, the commissioner of education
					 may audit the records of:
(1) a charter
					 school;
(2) a charter holder;
					 or
(3) a management company that
					 has provided management services to a charter school or a 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 3 - CHARTER SCHOOL FUNDING AND FINANCIAL OPERATIONS › Section 100.1052 - Final Audit Upon Revocation, Surrender, or Closure of an Open-Enrollment Charter

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon closure
					 of a charter, the charter holder governing board must at their expense conduct
					 a final audit.
(b) The commissioner
					 of education will assign a conservator to oversee the winding down of charter
					 operations, protection of school assets, and recovery of any overallocation of
					 state funds.
(c) Revocation,
					 surrender, or closure of a charter does not terminate the authority of the
					 commissioner over the charter holder to ensure compliance of this section or
					 applicable laws.
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 100.1065 - Property Acquired with State Funds Received Before September 1, 2001 - Special Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Non-public
					 property.
(1) An interest in personal
					 property acquired, improved, and maintained solely using state funds that were
					 received by the charter holder before September 1, 2001, is non-public
					 property. If any part of the state funds used were received on or after
					 September 1, 2001, then subsection (b) of this section applies to that
					 property.
(2) An interest in real
					 estate acquired, improved, and maintained using less than 50% state funds is
					 non-public property if all state funds used were received before September 1,
					 2001. If any part of the state funds used were received on or after September
					 1, 2001, then subsection (b) of this section applies to that
					 property.
(3) Non-public property
					 under this section is exempt from §
												100.1063
					 of this title (relating to Use of Public Property by a Charter Holder) and
					 exempt from §
												100.1067
					 of this title (relating to Possession and Control of the Public Property of a
					 Former Charter Holder). However, non-public property under this section must be
					 included in the exhibit required by §100.1063(f).
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 100.1067 - Possession and Control of the Public Property of a Former Charter Holder

Current through Reg. 49, No. 28; July 12, 2024
(a) Disposition of audited property. The
					 commissioner of education shall take possession, assume control, and supervise
					 the disposition of the public property disclosed by the annual audit report as
					 filed with the Texas Education Agency (TEA) or as revised pursuant to
					 subsection (b) of this section. At any time, the commissioner may appoint a
					 board of managers to transfer the property or may direct the governing board of
					 the charter holder to transfer the property. The commissioner may transfer or
					 direct the transfer of property to any public school if the commissioner
					 determines that the transfer is in the best interest of students. For purposes
					 of this section, references to a charter holder refers to both an organization
					 that currently holds a charter contract and an organization that formerly held
					 a charter contract.
(b) Disposition
					 of property--defective audit. If the annual audit reports filed by a former
					 charter holder are not in substantial compliance with §
											100.1063(f)
					 of this title (relating to Use of Public Property by a Charter Holder), the
					 commissioner shall use such legal process as may be available under Texas law
					 to take possession and assume control of all property of the former charter
					 holder and, using such legal process, supervise the disposition of such
					 property in accordance with law. The commissioner may transfer or direct the
					 transfer of property to any public school if the commissioner determines that
					 the transfer is in the best interest of students.
(1) At any time, the commissioner may
					 determine whether the annual audit reports filed by a former charter holder
					 substantially comply with §
												100.1063(f)
					 of this title.
(2) At the
					 commissioner's sole discretion, the commissioner may cure any defects in the
					 annual audit reports by reviewing the audit reports and reclassifying the
					 transactions and restating the financial statements or by securing, at the
					 former charter holder's expense, such professional services as may be required
					 to create and/or audit the necessary exhibits to the annual audit
					 reports.
(3) The commissioner may,
					 at the commissioner's sole discretion, take possession, assume control, and
					 supervise the disposition of the public property disclosed by the annual audit
					 reports and any revisions made under this subsection.
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 100.1069 - Rights and Duties Not Affected

Current through Reg. 49, No. 28; July 12, 2024
Nothing in this subchapter, and nothing in Texas
						Education Code (TEC), §12.128:
(1) affects a security interest in or lien on
					 property established by a creditor in compliance with law if the security
					 interest or lien arose in connection with the sale or lease of the property to
					 the charter holder;
(2) obligates
					 the State of Texas or any agency of the State of Texas to fulfill any lease
					 agreement or any other contractual or legal obligation entered into by a
					 charter holder on behalf of an open-enrollment charter school; or
(3) affects the right or the duty of the
					 Attorney General to bring suit under the Texas Miscellaneous Corporations Act,
					 the Texas Deceptive Trade Practices Act, or other law respecting Texas
					 non-profit corporations.