(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.
(2) A petition for renewal of the charter must be submitted
on the date provided by the Texas Education Agency (TEA) annually,
prior to the expiration of the charter contract.
(3) A petition for renewal must be in the form provided
by the TEA and shall include all information and documentation required
by the form.
(4) If a charter holder fails to submit a timely and
sufficient petition for renewal of an open-enrollment charter, the
existing charter may expire at the end of its term.
(b) Expedited renewal. If a charter holder submits
the petition for expedited renewal, the commissioner of education
will approve or deny the expedited renewal not later than the 30th
day after the date of the charter holder submission. A charter holder
may submit a petition for expedited renewal if:
(1) the charter holder has been assigned the highest
or second highest performance rating under Texas Education Code (TEC),
Chapter 39, Subchapter C, for the three preceding school years;
(2) the charter holder has been assigned a financial
performance accountability rating under TEC, Chapter 39, Subchapter
D, indicating financial performance that is satisfactory or better
for the three preceding school years; and
(3) no campus operating under the charter has been
assigned the lowest performance rating under TEC, Chapter 39, Subchapter
C, for the three preceding school years or such a campus has been
closed.
(c) Expiration. Notwithstanding any other law, a determination
by the commissioner under this subsection is final and may not be
appealed. The commissioner may not renew the charter and must allow
the charter to expire if:
(1) the charter holder has been assigned the lowest
performance rating under TEC, Chapter 39, Subchapter C, for any three
of the five preceding school years;
(2) the charter holder has been assigned a financial
accountability performance rating under TEC, Chapter 39, Subchapter
D, indicating financial performance that is lower than satisfactory
for any three of the five preceding school years;
(3) the charter holder has been assigned any combination
of the ratings described by paragraph (1) or (2) of this subsection
for any three of the five preceding school years; or
(4) any campus operating under the charter has been
assigned the lowest performance rating under TEC, Chapter 39, Subchapter
C, for the three preceding school years and such a campus, and if
applicable, all sites associated with the campus, has not been closed.
(d) Discretionary renewal.
(1) A charter holder may submit a petition for discretionary
renewal if it:
(A) does not qualify to submit the petition for expedited
renewal; or
(B) is not subject to an expiration under subsection
(c) of this section.
(2) In evaluating the petition for discretionary renewal,
the commissioner shall consider the following:
(A) the results of the charter's annual evaluation
under the performance framework set forth in the Charter School Performance
Framework Manual established under TEC, §12.1181; and
(B) the criteria described under §100.1032 of
this title (relating to Standards for Discretionary Renewal).
(e) Special rules for alternative education accountability
(AEA) charters. The following provisions apply to the renewal of the
charter of an open-enrollment charter school that is registered under
the TEA AEA procedures for evaluation under TEC, Chapter 39.
(1) Discretionary renewal of AEA charters. An AEA charter
may submit the petition for discretionary renewal and the petition
must be considered under the discretionary renewal process. An AEA
charter may not submit a petition for expedited renewal.
(2) Academic criteria for discretionary renewal of
AEA charters.
(A) In considering a petition for discretionary renewal
by an AEA charter such as a dropout recovery school or a school providing
education within a residential treatment facility, the commissioner
shall use academic criteria as outlined in the Charter School Performance
Framework Manual established under TEC, §12.1181, that is appropriate
to measure the specific goals of the school.
(B) For purposes of this subsection, the commissioner
shall designate as a dropout recovery school an open-enrollment charter
school or a campus of an open-enrollment charter school:
(i) that serves students in Grades 9-12 and has an
enrollment of which at least 50 percent of the students are 17 years
of age or older as of September 1 of the school year as reported for
the fall semester Public Education Information Management System (PEIMS)
submission; and
(ii) that meets the eligibility requirements for and
is registered under AEA procedures adopted by the commissioner.
(3) Expiration of AEA charters. The commissioner may
not renew and must allow an AEA charter to expire if the charter holder
has been assigned a financial accountability performance rating under
TEC, Chapter 39, Subchapter D, indicating financial performance that
is lower than satisfactory for any three of the five preceding school
years.
(f) Notice and content of renewal decision or determination.
(1) Expedited renewal decision. Not later than the
30th day after the submission of a petition for expedited renewal,
the commissioner shall provide written notice to the charter holder
of the commissioner's decision to grant or deny the petition. If the
expedited renewal is denied, the notice shall include an explanation
of the factual and legal basis for the decision, a description of
the legally relevant factors considered, an explanation of why the
result reached is reasonable, and a description of the procedures
to seek a review of the decision.
(2) Discretionary renewal decision. Not later than
the 90th day after the submission of a petition for discretionary
renewal, the commissioner shall provide written notice to the charter
holder of the commissioner's decision to grant or deny the petition.
If the discretionary renewal is denied, the notice shall include an
explanation of the factual and legal basis for the decision, a description
of the legally relevant factors considered, an explanation of why
the result reached is reasonable, and a description of the procedures
to seek a review of the determination.
(3) Expiration determination. The commissioner shall
provide written notice to the charter holder of the commissioner's
determination that the charter must expire. In the event a charter
holder that meets the criteria for expiration submits a petition for
renewal, the commissioner, not later than the 90th day after the submission,
shall provide written notice to the charter holder of the commissioner's
decision to deny the petition. Determinations made by the commissioner
are final and may not be appealed. The notice shall include an explanation
of the factual and legal basis for the determination, a description
of the legally relevant factors considered, and an explanation of
why the result reached is reasonable.
(4) Delivery and effective date of notice. The commissioner
shall provide written notice to the charter holder by regular mail.
Notice is effective as of the date of the postmark.
(g) Appeal of renewal decisions and determinations.
A decision by the commissioner to deny the petition for an expedited
renewal or the petition for a discretionary renewal is subject to
review by the State Office of Administrative Hearings under an arbitrary
and capricious or clearly erroneous standard as described under Chapter
157, Subchapter EE, Division 4, of this title (relating to State Office
of Administrative Hearings Arbitrary and Capricious or Clearly Erroneous
Review).
(h) Use of ratings and data. The following provisions
apply to the petition for renewal or expiration under this section.
(1) If a rating is not issued during one or more of
the preceding school years, then the term "three preceding school
years" means the most recent three school years during which a rating
was issued, and the term "three of the five preceding school years"
means three out of the most recent five school years during which
a rating was issued.
(2) A rating that does not meet the criteria for "academically
acceptable" as defined by §100.1001(26) of this title (relating
to Definitions) shall not be considered the highest or second highest
academic performance rating for purposes of this section.
(3) For purposes of renewal or expiration under this
section, the term "unacceptable performance" means an unacceptable
academic performance rating as defined by §100.1001(26) of this
title.
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