(a) Application deadline. For admission to a charter
school, a charter holder shall:
(1) require the applicant to complete and submit an
application not later than a reasonable deadline the charter holder
establishes; and
(2) on receipt of more acceptable applications for
admission under this section than available positions in the school:
(A) except as permitted by subsection (b) of this section,
fill the available positions by lottery; or
(B) subject to subsection (c) of this section, fill
the available positions in the order in which all timely applications
were received.
(b) Lottery exemption. The charter holder may exempt
students from the lottery required by subsection (a) of this section
to the extent this is consistent with the definition of a "public
charter school" under the No Child Left Behind Act of 2001, P.L. 107-110, §5210
(NCLB), as interpreted by the United States Department of Education
(USDE).
(c) Newspaper publication. To the extent this is consistent
with the definition of a "public charter school" under the NCLB, as
interpreted by the USDE, a charter holder may fill applications for
admission under subsection (a)(2)(B) of this section only if it published
a notice of the opportunity to apply for admission to the charter
school. A notice published under this subsection must:
(1) state the application deadline; and
(2) be published in a newspaper of general circulation
in the community in which the school is located not later than the
seventh day before the application deadline. For purposes of this
chapter, a newspaper of general circulation is defined as one that
has more than a minimum number of subscribers among a particular geographic
region, that has a diverse subscribership, and that publishes some
news items of general interest to the community.
(d) Student admission and enrollment. Except as provided
by this section, the governing body of the charter holder must adopt
a student admission and enrollment policy that:
(1) prohibits discrimination on the basis of sex; national
origin; ethnicity; religion; disability; academic, artistic, or athletic
ability; or the district the child would otherwise attend under state
law; and
(2) specifies any type of non-discriminatory enrollment
criteria to be used at each charter school operated by the charter
holder. Such non-discriminatory enrollment criteria may make the student
ineligible for enrollment based on a history of a criminal offense,
a juvenile court adjudication, or discipline problems under Texas
Education Code (TEC), Chapter 37, Subchapter A, documented as provided
by local policy.
(e) Student admission and enrollment at charter schools
specializing in performing arts. In accordance with the TEC, §12.111
and §12.1171, a charter school specializing in performing arts,
as defined in this subsection, may adopt a student admission and enrollment
policy that complies with this subsection in lieu of compliance with
subsections (a)-(d) of this section.
(1) A charter school specializing in performing arts
as used in this subsection means a school whose open-enrollment charter
includes an educational program that, in addition to the required
academic curriculum, has an emphasis in one or more of the performing
arts, which include music, theatre, and dance. A program with an emphasis
in the performing arts may include the following components:
(A) a core academic curriculum that is integrated with
performing arts instruction;
(B) a wider array of performing arts courses than are
typically offered at public schools;
(C) frequent opportunities for students to demonstrate
their artistic talents;
(D) cooperative programs with other organizations or
individuals in the performing arts community; or
(E) other innovative methods for offering performing
arts learning opportunities.
(2) To the extent this is consistent with the definition
of a "public charter school" under the NCLB, as interpreted by the
USDE, the governing body of a charter holder that operates a charter
school specializing in performing arts may adopt an admission policy
that requires a student to demonstrate an interest or ability in the
performing arts or to audition for admission to the school.
(3) The governing body of a charter holder that operates
a charter school specializing in performing arts must adopt a student
admission and enrollment policy that prohibits discrimination on the
basis of sex, national origin, ethnicity, religion, disability, academic
or athletic ability, or the district the child would otherwise attend
under state law.
(4) The governing body of a charter holder that operates
a charter school specializing in performing arts must adopt a student
admission and enrollment policy that specifies any type of non-discriminatory
enrollment criteria to be used at the charter school. Such non-discriminatory
enrollment criteria may make the student ineligible for enrollment
based on a history of a criminal offense, a juvenile court adjudication,
or discipline problems under TEC, Chapter 37, Subchapter A, documented
as provided by local policy.
(f) Maximum enrollment. Total enrollment shall not
exceed the maximum number of students approved in the open-enrollment
charter. A charter school may establish a primary and secondary boundary.
Students who reside outside the primary geographic boundary stated
in the open-enrollment charter shall not be admitted to the charter
school until all eligible applicants that reside within the primary
boundary and have submitted a timely application have been enrolled.
Then, if the open-enrollment charter so provides for a secondary boundary,
the charter holder may admit students who reside within the secondary
boundary to the charter school in accordance with the terms of the
open-enrollment charter.
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Source Note: The provisions of this §100.1207 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective November 9, 2006, 31 TexReg 9031; amended to be effective September 18, 2014, 39 TexReg 7295 |