(a) Nepotism laws generally apply. Except as provided
by this section, a member of the governing body of a charter holder,
a member of the governing body of a charter school, and an officer
of a charter school who retain final authority to select and terminate
charter school employees shall comply with Government Code, Chapter
573, in the manner provided by the nepotism provisions, prohibitions,
and exceptions described in §§100.1111-100.1116 of this
division.
(b) Existing charter holders partly grandfathered.
A person who was not restricted or prohibited under Texas Education
Code (TEC), §12.1055, before September 1, 2013, from being employed
by an open-enrollment charter school and who was lawfully employed
by an open-enrollment charter school before September 1, 2013, is
considered to have been in continuous employment as provided by Government
Code, §573.062(a), and is not prohibited from continuing employment
with the school. Any break in service, however, shall render the eligibility
under this subsection null and void. Continuous employment for the
purposes of this subsection applies only to relationships that existed
on September 1, 2013, and does not exempt relationships created after
September 1, 2013.
(c) Employment status. This section only applies to
the employment of those charter employees reported to the Texas Workforce
Commission (TWC) as being employees of the charter on September 1,
2013. The charter holder must supply to the Texas Education Agency
(TEA) the TWC list that includes each employee's name, position held,
and relationship, if any, to officer and/or board member(s). This
list will serve as a baseline for determination of those individuals
grandfathered under this section.
(d) Submission requirement. The list referenced in
subsection (c) of this section shall be received by the TEA division
of charter schools no later than December 1, 2014. Failure to comply
with this subsection constitutes a material charter violation.
(e) No quorum of relatives. Notwithstanding any other
provision of this section, persons related to one another within the
third degree by consanguinity or within the second degree by affinity,
as determined under §100.1113 of this title (relating to Relationships
by Consanguinity or by Affinity), shall not constitute a quorum of
the governing body or any committee of the governing body of the charter
holder or charter school.
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Source Note: The provisions of this §100.1111 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective September 18, 2014, 39 TexReg 7295 |