| (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;
(ii) whether an annual independent financial audit
of the campus with the proposed designation is to be conducted. The
high-quality campus must have a plan for a separate audit schedule
apart from the open-enrollment charter school audit; and
(iii) 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)(iii) 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 high-quality
campus designation.
(14) Delegation amendment. A delegation amendment is
an amendment that permits a charter holder to delegate, pursuant to §100.1101(c)
of this title (relating to Delegation of Powers and Duties), the powers
or duties of the governing body of the charter holder to any other
person or entity.
(A) The commissioner may approve a delegation amendment
only if:
(i) the charter holder meets all requirements applicable
to delegation amendments and amendments generally;
(ii) the amendment complies with all requirements of
Chapter 100, Subchapter AA, Division 5, of this title (relating to
Charter School Governance); and
(iii) the commissioner determines that the amendment
is in the best interest of students.
(B) The commissioner may grant the amendment without
condition or may require compliance with such conditions and/or requirements
as may be in the best interest of students.
(C) The following powers and duties must generally
be exercised by the governing body of the charter holder itself, acting
as a body corporate in meetings posted in compliance with Texas Government
Code, Chapter 551. Absent a specific written exception of this subparagraph,
setting forth good cause why a specific function listed in clauses
(i)-(vi) of this subparagraph cannot reasonably be carried out by
the charter holder governing body, the commissioner may not grant
an amendment delegating such functions to any person or entity through
a contract for management services or otherwise. An amendment that
is not authorized by such a specific written exception is not effective
for any purpose. Absent such exception, the governing body of the
charter holder shall not delegate:
(i) final authority to hear or decide employee grievances,
citizen complaints, or parental concerns;
(ii) final authority to adopt or amend the budget of
the charter holder or the charter school, or to authorize the expenditure
or obligation of state funds or the use of public property;
(iii) final authority to direct the disposition or
safekeeping of public records, except that the governing body may
delegate this function to any person, subject to the governing body's
superior right of immediate access to, control over, and possession
of such records;
(iv) final authority to adopt policies governing charter
school operations;
(v) final authority to approve audit reports under
TEC, §44.008(d); or
(vi) initial or final authority to select, employ,
direct, evaluate, renew, non-renew, terminate, or set compensation
for the superintendent or, as applicable, the administrator serving
as the educational leader and chief executive officer.
(D) The following powers and duties must be exercised
by the superintendent or, as applicable, the administrator serving
as the educational leader and chief executive officer of the charter
school. Absent a specific written exception of this subparagraph,
setting forth good cause why a specific function listed in clauses
(i)-(iii) of this subparagraph cannot reasonably be carried out by
the superintendent or, as applicable, the administrator serving as
the educational leader and chief executive officer of the charter
school, the commissioner may not grant an amendment permitting the
superintendent/chief executive officer to delegate such function through
a contract for management services or otherwise. An amendment that
is not authorized by such a specific written exception is not effective
for any purpose. Absent such exception, the superintendent/chief executive
officer of the charter school shall not delegate final authority:
(i) to organize the charter school's central administration;
(ii) to approve reports or data submissions required
by law; or
(iii) to select and terminate charter school employees
or officers.
(c) Required forms and formats. The TEA division responsible
for charter schools may develop and promulgate, from time to time,
forms or formats for requesting charter amendments under this section.
If a form or format is promulgated for a particular type of amendment,
it must be used to request an amendment of that type.
|
| Source Note: The provisions of this §100.1033 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective August 26, 2010, 35 TexReg 7213; amended to be effective September 18, 2014, 39 TexReg 7295; amended to be effective June 8, 2017, 42 TexReg 2918; amended to be effective June 18, 2020, 45 TexReg 4010 |
