| (ix) the commissioner determines that the amendment
is in the best interest of students; and
(x) the charter holder meets all other requirements
applicable to expansion amendment requests and other amendments.
(B) Notice of the approval or disapproval of expansion
amendments will be made by the commissioner within 60 days of the
date the charter holder submits a completed expansion amendment request.
The commissioner may provide notice electronically. The commissioner
shall specify the earliest effective date for implementation of the
expansion. In addition, the commissioner may require compliance with
such conditions and/or requirements that may be in the best interest
of students.
(10) Expansion amendments.
(A) Maximum enrollment. In addition to the requirements
of paragraph (9)(A) of this subsection, the commissioner may approve
an expansion amendment request seeking to increase maximum allowable
enrollment not more than once each calendar year.
(B) Grade span. In addition to the requirements of
paragraph (9)(A) of this subsection, the commissioner may approve
an expansion amendment request seeking to extend the grade levels
it serves only if it is accompanied by appropriate educational plans
for the additional grade levels in accordance with Chapter 74, Subchapter
A, of this title (relating to Required Curriculum), and such plan
has been reviewed and approved by the charter governing board.
(C) Geographic boundary. In addition to the requirements
of paragraph (9)(A) of this subsection, the commissioner may approve
an expansion amendment request seeking to expand the geographic boundaries
of the charter school only if it is accompanied by evidence of notification,
electronic or otherwise, to the relevant district(s).
(D) Additional campus. In addition to the requirements
of paragraph (9)(A) of this subsection, the commissioner may approve
an expansion amendment request seeking to add a new campus only if
it meets the following criteria:
(i) the charter holder has operated at least one charter
school campus in Texas for a minimum of three consecutive years;
(ii) the charter school under which the proposed new
campus will be assigned currently has at least 50% of the student
population in grades assessed under TEC, Chapter 39, Subchapter B.
For charter schools serving students in prekindergarten, the charter
school may include the students in prekindergarten to count toward
the 50% requirement if the charter school can demonstrate acceptable
performance on a commissioner-approved prekindergarten assessment
or monitoring tool as determined under §102.1003 of this title
(relating to High-Quality Prekindergarten Program) and the addition
of the prekindergarten students meets the 50% threshold; and
(iii) the charter holder has provided evidence, via
certified mail documented by return receipt, that each school district
affected by the expansion was sent a notice to the district's central
office of the proposed location and, if available, the address of
any new campuses or sites, including proposed grade levels to be served
and projected maximum enrollment.
(E) Additional site. In addition to the requirements
of paragraph (9)(A) of this subsection, the commissioner may approve
an expansion amendment request seeking to add a new site under an
existing campus only if it meets the following criteria:
(i) the charter school campus under which the proposed
new site will be assigned currently has at least 50% of the student
population in grades assessed under TEC, Chapter 39, Subchapter B.
For charter school campuses serving students in prekindergarten, the
charter school may include the students in prekindergarten to count
toward the 50% requirement if the charter school can demonstrate acceptable
performance on a commissioner-approved prekindergarten assessment
or monitoring tool as determined under §102.1003 of this title
and the addition of the prekindergarten students meets the 50% threshold;
and
(ii) the site will be located within 25 miles of the
campus with which it is associated.
(11) Expedited expansion. An expedited expansion amendment
allows for the establishment of a new charter campus under TEC, §12.101(b-4).
(A) In order to submit an expedited expansion amendment,
the charter school must meet the following requirements.
(i) The charter school must have an accreditation status
of Accredited and meet the following criteria:
(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" Cont'd... |
