| (I) currently has at least 50% of its student population
in grades assessed under TEC, Chapter 39, Subchapter B, or has had
at least 50% of the students in the grades assessed enrolled in the
school for at least three years; and
(II) is currently evaluated under the standard accountability
procedures for evaluation under TEC, Chapter 39, and received a district
rating in the highest or second highest performance rating category
under TEC, Chapter 39, Subchapter C, for three of the last five ratings
with:
(-a-) at least 75% of the campuses rated under the
charter school also receiving a rating in the highest or second highest
performance rating category in the most recent ratings; and
(-b-) no campus receiving a rating in the lowest performance
rating category in the most recent ratings.
(ii) The charter holder must submit an expedited expansion
amendment request in the time, manner, and form prescribed to the
TEA division responsible for charter schools. The expansion amendment
request will be:
(I) effective no earlier than the start of the fourth
full school year at the affected charter school;
(II) received no earlier than the first day of January
and no later than the first day of March, not to exceed 18 months
preceding the effective date of the expansion;
(III) communicated via certified mail with a return
receipt to the following entities:
(-a-) the superintendent and board of trustees of each
school district affected by the expedited expansion as described in
the amendment request form; and
(-b-) the members of the legislature who represent
the geographic area affected by the expedited expansion as described
in the amendment request form, noting that each entity has an opportunity
to submit a statement regarding the impact of the amendment to the
TEA division responsible for charter schools;
(IV) voted on by the charter holder governing body
after consideration of a business plan determined by majority vote
of the board affirming the growth proposed in the business plan is
financially prudent relative to the financial and operational strength
of the charter school. Such a statement must be included in the board
resolution. Upon request by the TEA, the business plan must be filed
within ten business days; and
(V) submitted with copies of the most recent compliance
information relating to §100.1035 of this title to include documents
such as affidavits identifying a board member's substantial interest
in a business entity or in real property, documentation of a board
member's abstention from voting in the case of potential conflicts
of interest, and affidavits or other documents identifying other family
members within the third degree of affinity or consanguinity who serve
as board members and/or employees.
(B) Notice of eligibility to establish an expedited
campus under this section will be made by the commissioner within
60 days of the date the charter holder submits a completed expedited
expansion amendment.
(12) New school designation. A new school designation
is a separate designation and must be paired with an expansion amendment.
If approved by the commissioner, this designation permits a charter
holder to be eligible to participate in the charter school program
competitive grant process when federal funding for the Texas charter
school program is available.
(A) The commissioner may approve a new school designation
for a charter only if:
(i) the charter holder meets all requirements applicable
to an expansion amendment set forth in this section and has operated
at least one charter school campus in Texas for a minimum of five
consecutive years;
(ii) the charter school has been evaluated under the
accountability rating system established in §97.1001 of this
title (relating to Accountability Rating System) currently with at
least 50% of the student population in grades assessed by the state
accountability system, has an accreditation status of Accredited,
and meets the following:
(I) is currently evaluated under the standard accountability
procedures, currently has the highest or second highest district rating,
and received the highest or second highest district rating in the
previous two ratings with at least 75% of the campuses operated under
the charter also receiving the highest or second highest rating and
no campus with an "academically unacceptable" rating, as
defined by §100.1001(26) of this title, in the most recent state
accountability ratings. A rating that does not meet the criteria for "academically
acceptable" as defined in §100.1001(26) of this title shall
not be considered the highest or second highest academic performance
rating for purposes of this section; or
(II) is currently evaluated under the alternative education
accountability (AEA) procedures and received the highest or second
highest AEA district rating for five of the last five ratings with:
(-a-) in the most recent applicable state accountability
ratings, all rated campuses under the charter receiving an "academically
acceptable" or higher rating, as defined by §100.1001(26)
of this title; and
(-b-) if evaluated using AEA procedures, the district-level
assessment data corresponding to the most recent accountability ratings
demonstrate that at least 35% of the students in each of the following
student groups (if evaluated) met the standard as reported by the
sum of all grades tested on the standard accountability indicator
in each subject area assessed: African American, Hispanic, white,
special education, economically disadvantaged, limited English proficient,
and at risk;
(iii) no charter campus has been identified for federal
interventions in the most current report;
(iv) the charter school is not under any sanction imposed
by TEA authorized under TEC, Chapter 39; Chapter 97, Subchapter EE,
of this title (relating to Accreditation Status, Standards, and Sanctions);
or federal requirements;
(v) the charter holder completes an application approved
by the commissioner;
(vi) the new charter school campus that receives the
new school designation will serve at least 100 students in its third
year of operation;
(vii) the amendment complies with all requirements
of this paragraph; and
(viii) the commissioner determines that the designation
is in the best interest of students.
(B) In addition to the requirements of subparagraph
(A) of this paragraph, the commissioner may approve a new school designation
only if the campus with the proposed designation:
(i) satisfies each element of the definition of a public
charter school as set forth in federal law;
(ii) is not merely an extension of an existing charter
school;
(iii) is separate and distinct from the existing charter
school campus(es) established under the open-enrollment charter school
with a new facility and county-district-campus number; and
(iv) is governed, in the school's amended contract,
by a separate written performance agreement that meets the requirements
of federal law and TEC, §12.111(a)(3) and (4).
(C) In making the findings required by subparagraph
(B)(i) and (iii) of this paragraph, the commissioner shall consider:
(i) the terms of the open-enrollment charter school
as a whole, as modified by the new school designation; and
(ii) whether the campus with the proposed designation
shall be established and recognized as a separate school under Texas
law.
(D) In making the findings required by subparagraph
(B)(ii) and (iii) of this paragraph, the commissioner shall consider
whether the campus with the proposed designation and the existing
charter school campus(es) have separate sites, employees, student
populations, and governing bodies and whether their day-to-day operations
are carried out by different officers. The presence or absence of
any one of these elements, by itself, does not determine whether the
campus with the proposed designation will be found to be separate
or part of an existing school. However, the presence or absence of
several elements will inform the commissioner's decision.
(E) In making the finding required by subparagraph
(B)(iv) of this paragraph, the commissioner shall consider:
(i) whether the campus with the proposed designation
and the existing charter school campus(es) have distinctly different
requirements in their respective written performance agreements; and
(ii) the extent to which the performance agreement
for the campus with the proposed designation imposes higher standards
than those imposed by TEC, §12.104(b)(2)(L).
Cont'd... |
