(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.
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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 |