| (a) Applicability. This section applies only to independent
school districts that intend to contract to partner to operate a campus
and receive benefits under Texas Education Code (TEC), §11.174(a)(2).
(b) Definitions. For purposes of this division, the
following words and terms shall have the following meaning, unless
the context clearly indicates otherwise.
(1) Eligible entity--This term has the meaning assigned
in TEC, §12.101(a).
(2) Campus--This term has the meaning assigned in §97.1051(3)
of this title (relating to Definitions).
(3) Applicant--This term refers to an independent school
district seeking approval to receive benefits for an eligible entity
to contract to partner to operate a campus.
(4) Proposed operating partner--This term refers to
the eligible entity seeking approval in coordination with an independent
school district to contract to partner to operate a campus.
(c) Institutions of higher education. This subsection
applies to entities meeting the definition of an institution of higher
education as described in TEC, §61.003.
(1) For applicants seeking eligibility approval of
an institution of higher education, which has been granted a charter
in accordance with TEC, Chapter 12, Subchapter E, as the proposed
operating partner, the commissioner of education will treat the institution
of higher education as an open-enrollment charter school under TEC, §11.174(a)(1).
(2) The commissioner may approve an eligibility approval
request under this section if the commissioner determines that the
approval of the eligibility approval request will improve student
outcomes at the campus.
(d) Private or independent institutions of higher education
that are not described in subsection (c) of this section, non-profits,
and governmental entities. This subsection applies to entities meeting
the definitions described in TEC, §12.101(a)(2), (3), and (4).
(e) Application requirements.
(1) Prior to each eligibility approval cycle, the commissioner
shall approve an application package for submission by applicants
seeking eligibility approval as specified in TEC, §11.174. The
application package may contain, but is not limited to, any of the
following:
(A) an application form;
(B) the timeline for submission of completed forms;
(C) requirements, including mandatory training sessions
for districts and proposed operating partners, that must be met in
order for applications to be approved;
(D) scoring criteria and procedures for use by the
review panel selected under paragraph (6) of this subsection; and
(E) eligibility approval criteria, including the minimum
score necessary for approval.
(2) The Texas Education Agency (TEA) shall review application
packages submitted under this section. If the TEA determines that
an application package is not complete and/or the applicant does not
meet the eligibility criteria in TEC, §11.174, the TEA shall
notify the applicant and allow ten business days for the applicant
to submit any missing or explanatory documents.
(A) If, after giving the applicant the opportunity
to provide supplementary documents, the TEA determines that the eligibility
approval request remains incomplete and/or the eligibility requirements
of TEC, §11.174, have not been met, the eligibility approval
request will be denied.
(B) If the documents are not timely submitted, the
TEA shall remove the eligibility approval request without further
processing. The TEA shall establish procedures and schedules for returning
eligibility approval requests without further processing.
(C) Failure of the TEA to identify any deficiency or
notify an applicant thereof does not constitute a waiver of the requirement
and does not bind the commissioner.
(D) A decision made by the TEA to deny, remove, or
return an eligibility approval request is a final administrative decision
of the TEA and may not be appealed under TEC, §7.057.
(3) Upon written notice to the TEA, an applicant may
withdraw an application package.
(4) All parts of the district's application package
are releasable to the public under the Texas Public Information Act,
Texas Government Code, Chapter 552, and will be posted to the TEA
website. Therefore, the following must be excluded or redacted from
an application package submission:
(A) personal email addresses;
(B) proprietary material;
(C) copyrighted material;
(D) documents that could violate the Family Educational
Rights and Privacy Act (FERPA) by identifying potential students of
the partnership school, including, but not limited to, sign-in lists
at public meetings about the school, photographs of existing students
if the school is currently operating or photographs of prospective
students, and/or letters of support from potential charter school
parents and/or students; and
(E) any other information or documentation that cannot
be released in accordance with Texas Government Code, Chapter 552.
(5) TEA will remove from review any application packages
that:
(A) include plagiarism;
(B) are from districts that did not submit a letter
of intent by the TEA published deadline;
(C) are from districts that did not participate in
TEA required trainings;
(D) are from districts whose proposed operating partners
did not attend TEA required trainings;
(E) are not submitted by the TEA published deadline;
(F) include an operating partner that does not have
the following:
(i) a governing board with a minimum of three members.
All partner governing board members must meet the requirements outlined
in subsection (e)(9)(C)(vi) of this section; and
(ii) at least one full-time equivalent dedicated to
the management of the campus or campuses. The full-time equivalent
may be employed by the district only if they are under contractual
obligation with the operating partner board and the district can demonstrate
that they are solely dedicated to planning the launch of the campus
at the time of application for benefits; or
(G) include performance contracts that are contingent
on approval of benefits under TEC, §11.174(a)(2), or a performance
rating assigned to the campus based on performance that occurred prior
to the operation of the campus by the operating partner.
(6) Applicants with complete application packages satisfying
the requirements in paragraph (5) of this subsection will be reviewed
by a review panel selected by the commissioner. The panel may include
TEA staff or external stakeholders. The panel shall review application
packages in accordance with the procedures and criteria established
in the application package and guidance form. Review panel members
shall not discuss eligibility approval requests with anyone except
TEA staff. Review panel members shall not accept meals, entertainment,
gifts, or gratuities in any form from any person or organization with
an interest in the results of an application package review. Members
of the review panel shall disclose to the TEA immediately the discovery
of any past or present relationship with an applicant, including any
current or prospective employee, agent, officer, or director of the
eligible entity, an affiliated entity, or other party with an interest
in the approval of the application package.
(7) TEA staff may interview applicants, may specify
individuals from the district and proposed operating partner required
to attend the interview, and may require the submission of additional
information and documentation prior to an interview.
(8) No recommendation, ranking, or other type of endorsement
by a member or members of the review panel is binding on the commissioner.
(9) The commissioner will consider criteria that include
the following when determining whether to approve an applicant.
(A) The criteria described in this subparagraph apply
to all campuses. Each applicant must submit financial information
that demonstrates that the proposed operating partner:
(i) is provided with a reasonable per pupil amount
or percentage of the revenue generated by attendance at the campus
from the district to the operating partner of all federal, state,
and local funds due the campus, to be paid to the operating partner
for managing the campus or campuses each year;
(ii) has provided the total budget for the first year
of operation of the campus to the district; and
Cont'd... |
