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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 100CHARTERS
SUBCHAPTER AACOMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS
DIVISION 2COMMISSIONER ACTION AND INTERVENTION
RULE §100.1033Charter Amendment

        (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).

    (F) Failure to meet any standard or requirement outlined in this paragraph or agreed to in a performance agreement under subparagraph (B)(iv) of this paragraph shall mean the immediate termination of any federal charter school program grant and/or any waiver exempting a charter from some of the expansion amendment requirements that may have been granted to a charter holder as a result of the new school designation.

  (13) High-quality campus designation. A high-quality campus 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 establish an additional charter school campus under an existing open-enrollment charter school pursuant to federal non-regulatory guidance. Charter holders of charter schools that receive high-quality campus designation from the commissioner will 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 high-quality campus 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, currently has at least 50% of the student population in grades assessed by the state accountability system, has an accreditation status of Accredited, is currently evaluated under the standard accountability procedures, currently has the highest or second highest district rating, and received the highest or second highest rating in the previous two ratings with all of the campuses operated under the charter also receiving the highest or second highest rating as defined by §100.1001(26) of this title in the most recent state accountability ratings;

      (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; or federal requirements;

      (v) the charter holder completes an application approved by the commissioner;

      (vi) the new charter school campus that receives the high-quality campus 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 high-quality campus 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 separate and distinct from the existing charter school campus(es) established under the open-enrollment charter school with a separate facility and county-district-campus number; and

      (iii) 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 high-quality campus 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) 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)(iii) 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;

Cont'd...

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