| (C) separately and clearly recorded in the accounting,
auditing, budgeting, reporting, and recordkeeping systems for the
management and operation of the charter school.
(22) Material charter violation--An action or failure
to act by a charter holder that is contrary to the terms of its open-enrollment
charter and constitutes sufficient grounds for action against the
charter holder under §100.1021 of this title (relating to Revocation
and Modification of Governance of an Open-Enrollment Charter), §100.1023
of this title (relating to Intervention Based on Charter Violations),
§100.1025 of this title (relating to Intervention Based on Health,
Safety, or Welfare of Students), and/or §100.1031 of this title
(relating to Renewal of an Open-Enrollment Charter).
(23) Management company breach--An action or failure
to act by a management company that is contrary to a duty owed under
a management contract, a rule adopted under TEC, Chapter 12, Subchapter
D, or any other legal obligation, and constitutes sufficient grounds
for action against the management company under TEC, §12.127
(Liability of Management Company), and/or §100.1155 of this title
(relating to Procedures for Prohibiting a Management Contract). Where
a provision in this subchapter uses this term, such use is for clarity
and emphasis only and does not:
(A) establish that any breach of a duty occurred in
a given case or what sanction is appropriate under the facts of that
case; or
(B) imply that any other provision where the term is
not used is not material or less important, or that the breach of
a duty imposed by the provision is not grounds for action against
the management company.
(24) Shared services cooperative--A contractual arrangement
among charter holders through which one member of the cooperative,
acting as the fiscal and administrative agent for the other members,
provides educational services and/or management services to member
charter holders under a written contract executed by each member.
A contract establishing a shared services cooperative must at a minimum:
(A) establish clear procedures for administering services
under the direction and control of the cooperative and for assigning
responsibility for all costs and liabilities associated with services
provided under the contract;
(B) establish the duties, responsibilities, and accountability
of the fiscal agent and of each member for services provided under
the contract;
(C) establish clear procedures for withdrawal of a
member from the agreement and for the dissolution and winding up of
the affairs of the cooperative;
(D) if the cooperative may provide special education
services, comply with TEC, §29.007; and
(E) be approved in writing by the commissioner before
any services are provided.
(25) High-performing entity--An entity that satisfies
the criteria under TEC, §12.1011(a)(1), for out-of-state operations
or an entity that satisfies the criteria for TEC, §12.1011(a)(2),
for in-state operations that meets the performance criteria for the
most recent rating years available.
(26) Determination of academic accountability--The
process used to determine the applicable year's accountability ratings
to measure the academic performance of a charter.
(A) For the purposes of this chapter, the term "academically
acceptable" for the following rating years shall mean:
(i) 2004-2011: the category of acceptable performance
shall include a rating of Exemplary, Recognized, Academically Acceptable,
and alternative education accountability (AEA): Academically Acceptable.
(ii) 2013-2016: the category of acceptable performance
shall include a rating of Met Standard and Met Alternative Standard.
(iii) 2017 and beyond: the category of acceptable performance
shall include a grade of A, B, or C, or as otherwise indicated in
the applicable year's academic accountability manual.
(B) For purposes of determination, an academic performance
rating during the 2011-2012 school year will not be considered.
(C) For the purposes of this chapter, the term "academically
unacceptable" performance means a rating of Academically Unacceptable,
AEA: Academically Unacceptable, Improvement Required, or Unacceptable
Performance or as otherwise indicated in the applicable year's academic
accountability manual.
(27) Determination of financial accountability--The
process used to determine the applicable year's Financial Integrity
Rating System of Texas (FIRST) rating to measure the financial performance
of a charter.
(A) For purposes of this chapter, a satisfactory rating
shall mean: Superior Achievement, Above Standard Achievement, or Standard
Achievement.
(B) For the purposes of this chapter, a lower than
satisfactory financial performance rating shall mean a FIRST rating
of Substandard Achievement, Suspended: Data Integrity, or as otherwise
indicated in the applicable year's financial accountability manual.
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