| (a) The State Board of Education (SBOE) may place on probation
or revoke a home-rule school district charter if the SBOE determines that
the district:
(1) committed a material violation of the charter;
(2) failed to satisfy generally accepted accounting standards
of fiscal management; or
(3) failed to comply with the requirements of the Texas
Education Code (TEC), Chapter 12, Subchapter B, or other applicable law or
rule.
(b) The recommendation to place on probation or revoke the
charter of a home-rule school district charter shall be made by the Texas
Education Agency (TEA) in accordance with 19 TAC §157.11 of this title
(relating to Notice of Intent), no fewer than 60 calendar days prior to the
meeting of the SBOE at which the recommendation will be considered.
(c) The TEA shall notify the district before placing on probation
or revoking the charter. The notice shall clearly specify the following, either
in the notice or by reference to other documents included with the notice:
(1) the action sought and the grounds for taking such action;
(2) a statement of the legal authority and jurisdiction
under which the hearing will be held;
(3) a reference to the particular sections of the statutes
and rules involved; and
(4) the date, time, and place for a hearing on the action
sought, which shall be provided to the district and to parents and guardians
of district students, if requested in accordance with subsection (e) of this
section.
(d) Notice served on the district shall be notice to parents
and guardians of students in the district.
(e) Within ten calendar days after receiving the notice, the
district may request a hearing and submit a written response containing specific
answers to each of the findings included in the notice. If a request for hearing
and a written response are not submitted within ten calendar days, the recommendations
of the TEA on the proposed action shall be submitted to the SBOE for action.
(f) A hearing held under this section shall be open to the
public and must be held at the district unless a different location is agreed
to by the district. The hearing shall be held not fewer than ten calendar
days from the date the district receives notice and shall be governed by Chapter
157, Subchapter A, of this title (relating to General Provisions for Hearings
Before the State Board of Education).
(g) The administrative law judge may order that testimony and
evidence from parents and guardians of students at the charter school be taken
via prefiled written testimony under the Texas Government Code, §2001.085.
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