| (G) overseeing the implementation of policies adopted
by the governing body of a charter holder or charter school; or
(H) providing leadership for the attainment of student
performance at a charter school based on the indicators adopted under
TEC, §39.053 and §39.054, or adopted by the governing body
of a charter holder or charter school.
(14) Management company--A natural person or a corporation,
partnership, sole proprietor, association, agency, or other legal
entity that provides any management services to a charter holder or
charter school, except that:
(A) a charter holder and its employees may provide
management services to a charter school that is under the charter
holder's supervision and control pursuant to the open-enrollment charter,
and such charter holder is not thereby a management company;
(B) a nonprofit corporation that is exempt from taxation
under 26 United States Code (USC), §501(c)(3), may donate management
services to a charter holder, and the donor corporation is not thereby
a management company if the donee charter holder is a subsidiary corporation
controlled by the donor corporation under the articles of incorporation
and bylaws of the donee charter holder;
(C) a regional education service center providing services
to a charter school under TEC, Chapter 8, is not a management company;
(D) the fiscal agent of a shared services cooperative
providing services to a member of the shared services cooperative
is not a management company; and
(E) a nonprofit corporation that is exempt from taxation
under 26 USC, §115, is not a management company if it performs
management services exclusively for a charter holder that is an eligible
entity under TEC, §12.101(a)(1) or (4) or TEC, §12.152,
and if:
(i) its articles of incorporation and bylaws, and any
changes thereto, must be approved by such charter holder;
(ii) its board of directors must be appointed by such
charter holder; and
(iii) its assets become the property of such charter
holder upon dissolution.
(15) Open-enrollment charter--A charter holder's authorization
to operate a publicly funded charter school consistent with TEC, §12.102
(Authority Under Charter). The terms of an open-enrollment charter
include:
(A) the applicable contract for charter between the
charter holder and the SBOE or commissioner of education;
(B) all applicable state and federal laws, rules, and
regulations;
(C) the request for application issued by the TEA to
which the charter holder's application for open-enrollment charter
responds;
(D) any condition, amendment, modification, revision,
or other change to the open-enrollment charter adopted or ratified
by the SBOE or the commissioner; and
(E) to the extent they are consistent with subparagraphs
(A)-(D) of this paragraph, all statements, assurances, commitments,
and/or representations made by the charter holder in writing in its
application for charter, attachments, or related documents or orally
during its interview with the commissioner or commissioner's designee
or orally at a public meeting of the SBOE or any of its committees.
(16) Officer of a charter school--A person charged
with the duties of, or acting as, a chief executive officer, a central
administration officer, a campus administration officer, or a business
manager, regardless whether the person is an employee or contractor
of a charter holder, charter school, management company, or any other
person; or a volunteer working under the direction of a charter holder,
charter school, or management company. A charter holder employee or
independent contractor engaged solely in non-charter activities for
the charter holder is not an "officer of a charter school."
(17) Chief executive officer--A person (or persons)
directly responsible to the governing body of the charter holder for
supervising one or more central administration officers, campus administration
officers, and/or business managers.
(18) Central administration officer--A person charged
with the duties of, or acting as, a chief operating officer, director,
or assistant director of a charter holder or charter school, including
one or more of the following functions:
(A) assuming administrative responsibility and leadership
for the planning, operation, supervision, or evaluation of the education
programs, services, or facilities of a charter holder or charter school,
or for appraising the performance of the charter holder's or charter
school's staff;
(B) assuming administrative authority or responsibility
for the assignment or evaluation of any of the personnel of the charter
holder or charter school, including those employed by a management
company;
(C) making recommendations to the governing body of
the charter holder or the charter school regarding the selection of
personnel of the charter holder or charter school, including those
employed by a management company;
(D) recommending the termination, non-renewal, or suspension
of an employee or officer of the charter holder or charter school,
including those employed by a management company; or recommending
the termination, non-renewal, suspension, or other action affecting
a management contract;
(E) managing the day-to-day operations of the charter
holder or charter school as its administrative manager;
(F) preparing or submitting a proposed budget to the
governing body of the charter holder or charter school (except for
developing budgets for a charter school campus, if this is a function
performed by a campus administration officer under the terms of the
open-enrollment charter);
(G) preparing recommendations for policies to be adopted
by the governing body of the charter holder or charter school, or
overseeing the implementation of adopted policies, except for legal
services provided by an attorney licensed to practice law in this
state or public accountancy services provided by a certified public
accountant licensed to practice public accountancy services in this
state;
(H) developing or causing to be developed appropriate
administrative regulations to implement policies established by the
governing body of the charter holder or charter school, except for
legal services provided by an attorney licensed to practice law in
this state or public accountancy services provided by a certified
public accountant licensed to practice public accountancy services
in this state;
(I) providing leadership for the attainment of student
performance in a charter school operated by the charter holder, based
on the indicators adopted under TEC, §39.053 and §39.054,
or other indicators adopted by the charter holder in its open-enrollment
charter; or
(J) organizing the central administration of the charter
holder or charter school.
(19) Campus administration officer--A person charged
with the duties of, or acting as, a principal or assistant principal
of a charter school campus, including one or more of the following
functions:
(A) approving teacher or staff appointments for a charter
school campus, unless this function is performed by a central administration
officer under the terms of the open-enrollment charter;
(B) setting specific education objectives for a charter
school campus, unless this function is performed by a central administration
officer under the terms of the open-enrollment charter;
(C) developing budgets for a charter school campus,
unless this function is performed by a central administration officer
under the terms of the open-enrollment charter;
(D) assuming the administrative responsibility or instructional
leadership, under the supervision of a central administration officer,
for discipline at a charter school campus;
(E) assigning, evaluating, or promoting personnel assigned
to a charter school campus, unless this function is performed by a
central administration officer under the terms of the open-enrollment
charter; or
(F) recommending to a central administration officer
the termination or suspension of an employee assigned to a charter
school campus, or recommending the non-renewal of a term contract
of such an employee.
(20) Business manager--A person charged with managing
the finances of a charter holder or charter school.
(21) Donate--Services are donated if:
(A) given free of any charge, cost, fee, compensation,
reimbursement, remuneration, or any other thing of value or consideration,
whether direct or indirect, from the donee to the donor, or from any
other person or entity to the donor on behalf of the donee;
(B) given free of any condition, stipulation, promise,
requirement, or any other obligation, whether direct or indirect,
enforceable by the donor or by any other person or entity; and
Cont'd... |
