| (n) The commissioner may decline to finally grant or
award a charter based on misrepresentations during the application
process or failure to comply with commissioner rules, application
requirements, or SBOE rules.
(o) An open-enrollment charter shall be in the form
and substance of a written contract signed by the commissioner, the
chair of the charter holder, and the chief operating officer of the
school, but is not a contract for goods or services within the meaning
of Texas Government Code, Chapter 2260. The chief operating officer
of the school shall mean the chief executive officer of the open-enrollment
charter holder under TEC, §12.1012.
(p) The charter contract shall be for an initial term
of five years beginning on the date the contract is signed by the
commissioner following the granting of the initial charter contract.
(q) The charter must open and serve students within
one school year of the awarding of the charter contract. The commissioner,
in the commissioner's discretion, may grant a single-year extension.
Failure to operate within one year, or two years if an extension is
granted, constitutes an automatic abandonment of the charter contract
and the charter is automatically considered void and returned to the
commissioner.
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