(A) assuming administrative responsibility and leadership
for the planning, operation, supervision, or evaluation of the education
programs, services, or facilities of a charter holder or charter school,
or for appraising the performance of the charter holder's or charter
school's staff;
(B) assuming administrative authority or responsibility
for the assignment or evaluation of any of the personnel of the charter
holder or charter school, including those employed by a management
company;
(C) making recommendations to the governing body of
the charter holder or the charter school regarding the selection of
personnel of the charter holder or charter school, including those
employed by a management company;
(D) recommending the termination, non-renewal, or suspension
of an employee or officer of the charter holder or charter school,
including those employed by a management company; or recommending
the termination, non-renewal, suspension, or other action affecting
a management contract;
(E) managing the day-to-day operations of the charter
holder or charter school as its administrative manager;
(F) preparing or submitting a proposed budget to the
governing body of the charter holder or charter school (except for
developing budgets for a charter school campus, if this is a function
performed by a campus administration officer under the terms of the
open-enrollment charter);
(G) preparing recommendations for policies to be adopted
by the governing body of the charter holder or charter school, or
overseeing the implementation of adopted policies, except for legal
services provided by an attorney licensed to practice law in this
state or public accountancy services provided by a certified public
accountant licensed to practice public accountancy services in this
state;
(H) developing or causing to be developed appropriate
administrative regulations to implement policies established by the
governing body of the charter holder or charter school, except for
legal services provided by an attorney licensed to practice law in
this state or public accountancy services provided by a certified
public accountant licensed to practice public accountancy services
in this state;
(I) providing leadership for the attainment of student
performance in a charter school operated by the charter holder, based
on the indicators adopted under TEC, §39.053 and §39.054,
or other indicators adopted by the charter holder in its open-enrollment
charter; or
(J) organizing the central administration of the charter
holder or charter school.
(19) Campus administration officer--A person charged
with the duties of, or acting as, a principal or assistant principal
of a charter school campus, including one or more of the following
functions:
(A) approving teacher or staff appointments for a charter
school campus, unless this function is performed by a central administration
officer under the terms of the open-enrollment charter;
(B) setting specific education objectives for a charter
school campus, unless this function is performed by a central administration
officer under the terms of the open-enrollment charter;
(C) developing budgets for a charter school campus,
unless this function is performed by a central administration officer
under the terms of the open-enrollment charter;
(D) assuming the administrative responsibility or instructional
leadership, under the supervision of a central administration officer,
for discipline at a charter school campus;
(E) assigning, evaluating, or promoting personnel assigned
to a charter school campus, unless this function is performed by a
central administration officer under the terms of the open-enrollment
charter; or
(F) recommending to a central administration officer
the termination or suspension of an employee assigned to a charter
school campus, or recommending the non-renewal of a term contract
of such an employee.
(20) Business manager--A person charged with managing
the finances of a charter holder or charter school.
(21) Donate--Services are donated if:
(A) given free of any charge, cost, fee, compensation,
reimbursement, remuneration, or any other thing of value or consideration,
whether direct or indirect, from the donee to the donor, or from any
other person or entity to the donor on behalf of the donee;
(B) given free of any condition, stipulation, promise,
requirement, or any other obligation, whether direct or indirect,
enforceable by the donor or by any other person or entity; and
(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.
Cont'd... |