<<Prev Rule

Texas Administrative Code

Next Rule>>
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

      (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

Previous Page

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page