| (a) The commissioner of education may temporarily withhold
state funds, suspend the authority of an open-enrollment charter school
to operate in its entirety or at one or more locations, and/or take
any other reasonable action the commissioner determines necessary
to protect the health, safety, or welfare of students enrolled at
the school based on evidence that conditions at the school present
a danger to the health, safety, or welfare of the students.
(b) The commissioner must notify the charter holder
in writing of the action taken in subsection (a) of this section.
(c) If the commissioner's actions under subsection
(a) of this section relate to circumstances that present an imminent
danger of material harm to the health, safety, or welfare of students,
the open-enrollment charter school may not receive state funds and
may not resume operating until a determination is made that:
(1) despite initial evidence, the conditions at the
school do not present an imminent danger of material harm to the health,
safety, or welfare of students; or
(2) the conditions at the school that presented an
imminent danger of material harm to the health, safety, or welfare
of students have been corrected.
(d) Not later than the third business day after the
date the commissioner acts under subsection (a) of this section to
address circumstances that present an imminent danger of material
harm to the health, safety, or welfare of students, the commissioner
shall provide the charter holder an opportunity for a hearing.
(e) The hearing under this section shall be conducted
under the procedures governing informal review of a preliminary investigative
report specified in Chapter 157, Subchapter EE, Division 1, of this
title (relating to Informal Review).
(f) An action under subsection (a) of this section
to address circumstances that present an imminent danger of material
harm to the health, safety, or welfare of students remains in effect
until a determination under subsection (e) of this section becomes
final.
(1) If the determination is in favor of the charter
holder, the commissioner must cease the action under subsection (a)
of this section immediately and restore all funds to which the charter
holder would be entitled but for such action.
(2) If the determination is against the charter holder,
the commissioner must initiate adverse action against the charter
under §100.1021 of this title (relating to Revocation and Modification
of Governance of an Open-Enrollment Charter). The action under subsection
(a) of this section then remains in effect until the final decision
under §100.1021 of this title.
|
| Source Note: The provisions of this §100.1025 adopted to be effective November 6, 2001, 26 TexReg 8823; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective September 12, 2012, 37 TexReg 7097; amended to be effective September 18, 2014, 39 TexReg 7295 |
