| (a) Right to occupy facilities. A charter holder shall
have and maintain throughout the term of the open-enrollment charter
legally enforceable lease agreements, titles, or other legal instruments
conferring on it the right to occupy and use one or more facilities
suitable for use as the classrooms and other instructional facilities
described in the open-enrollment charter.
(1) The enforceable legal instruments must confer on
the charter holder the right to occupy and use suitable instructional
facilities for the entire school year adopted by the charter school.
(2) During any period of dormancy, an amendment granting
the period of dormancy may waive this requirement.
(b) Occupancy certificate. A charter holder shall comply
with all state and local laws and ordinances applicable to the occupation
and use of the facilities it occupies, including any special standards
applicable to the instruction of public school students in the facilities.
(1) A charter school shall not change the site of its
instructional facilities or administrative offices from those listed
in the open-enrollment charter without prior approval of the commissioner
of education through an amendment to the open-enrollment charter.
(2) When approved for a new site under paragraph (1)
of this subsection, the charter holder shall, prior to commencing
any operations at that site, file with the Texas Education Agency
division responsible for charter schools a certificate of occupancy
or equivalent certificate appropriate for the proposed use of the
facility at the new site.
(c) Compliance. Failure to comply with this section
will adversely affect funding and may constitute a material violation
of the charter contract.
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