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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 97PLANNING AND ACCOUNTABILITY
SUBCHAPTER EEACCREDITATION STATUS, STANDARDS, AND SANCTIONS
DIVISION 2CONTRACTING TO PARTNER TO OPERATE A DISTRICT CAMPUS
RULE §97.1079Determination Processes and Criteria for Eligible Entity Approval under Texas Education Code, §11.174

      (iii) has authority over the entire campus budget, which includes all of the federal, state, and local funds due the campus as described in clause (i) of this subparagraph.

    (B) The criteria described in this subparagraph apply to application packages relating to partnerships between a district and an organization authorized under TEC, Chapter 12, Subchapters D and E.

      (i) Each applicant must demonstrate evidence of the district's adoption and implementation of the TEA model authorizing policy or a similar policy approved by TEA.

        (I) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model policy must have the local authorizing policy approved prior to the application review.

        (II) TEA will release the authorizing policy approval timeline and process annually.

        (III) TEA approval of local authorizing policies expires if the district changes the authorizing policy or if related sections of the Texas Administrative Code (TAC) or TEC change.

      (ii) Each applicant must submit a performance contract that demonstrates that the applicant and proposed operating partner meet the requirements to contract to partner to operate, as outlined in §97.1075 of this title (relating to Contracting to Partner to Operate a Campus under Texas Education Code, §11.174).

    (C) The criteria described in this subparagraph apply to application packages relating to partnerships between a district and any other type of partner except for operating partners described in subparagraph (B) of this paragraph. Each applicant must demonstrate:

      (i) evidence of district capacity to authorize and oversee district charter campuses authorized under TEC, Chapter 12, Subchapter C, which must include:

        (I) at least one district employee, employed prior to the district evaluation of the partnership, and fully dedicated to overseeing the authorizing and ongoing monitoring of in-district charter schools; and

        (II) for benefits that begin in the 2021-2022 school year, evidence that the district employee has completed a TEA training program on authorizing and partnerships no later than one year from the date of benefits approval;

      (ii) evidence of the district's adoption and implementation of a high-quality district charter authorizing process as required by TEC, §12.058, which must include the following:

        (I) the district's adoption and implementation of the TEA model authorizing policy or a similar policy approved by TEA prior to or as part of the application review. The following provisions apply.

          (-a-) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model policy must have the local authorizing policy approved prior to the application review.

          (-b-) TEA will release the authorizing policy approval timeline and process annually.

          (-c-) TEA approval of local authorizing policies expires if the district changes the authorizing policy or if related sections of the TAC or TEC change;

        (II) evidence of the district's adoption and implementation of the TEA model campus charter application or similar application and scoring rubric or a similar application and scoring rubric approved by TEA. The following provisions apply.

          (-a-) For application packages submitted for benefits that begin in the 2021-2022 school year, districts not using the TEA model campus application and scoring rubric must have the local campus application approved prior to the application review.

          (-b-) TEA will release the local campus application and scoring rubric approval timeline and process annually.

          (-c-) TEA approval of a local campus application and scoring rubric expires if the district changes the authorizing policy or if related sections of the TAC or TEC change; and

        (III) evidence that, at a minimum, the district:

          (-a-) required the proposed operating partner to complete the application without assistance from the district or a district assigned vendor;

          (-b-) employed a review panel to read the application from the operating partner and that the review panel identified strengths and weaknesses of the application;

          (-c-) reviewed any operating and academic performance history of the proposed operator; and

          (-d-) conducted a capacity interview with the board and proposed staff of the partner organization;

      (iii) evidence of the capacity of the operating partner to manage the campus or campuses, including evidence that:

        (I) the board of the operating partner includes at least three people and that their membership on the board pre-dates the submission of their application to the district;

        (II) the operating partner has staff that will be fully dedicated to the management of the campus or campuses and that the level of staffing is reasonable given the number of campuses to be managed;

        (III) the staff of the operating partner dedicated to the management of the campus or campuses has experience managing schools or academic programs;

        (IV) the operating partner is provided with a reasonable per pupil amount or percentage of the revenue generated by attendance at the campus from the district to the operating partner of all federal, state, and local funds due the campus, to be paid to the operating partner for managing the campus or campuses each year; and

        (V) the governing board of the operating partner will participate in board governance training provided by TEA or a vendor recommended by TEA within one year of approval of benefits;

      (iv) evidence of a clear and coherent academic model or program to be implemented by the partner organization, including evidence that:

        (I) the partner can clearly describe a consistent school vision for the campus or all campuses, including its culture, curriculum, assessment program, instructional strategies, talent recruitment and management strategies, and professional development activities or programs;

        (II) the partner can clearly provide evidence that the aforementioned strategies and programs can be effective with the student population served in the campus or campuses; and

        (III) the partner can clearly describe the management routines and practices to be implemented by the operating partner in managing the staff and academic programs as the campus or campuses;

      (v) evidence that the applicant and proposed operating partner meet the requirements to contract to partner to operate, as outlined in §97.1075 of this title;

      (vi) an assurance that the governing body of the operating partner shall remain independent of the independent school district. This may include the following:

        (I) an assurance that the governing body of the operating partner is not and shall not be comprised of any members of the independent school district's board of trustees, the superintendent, or staff responsible for granting the contract to partner to operate or overseeing the performance contract;

        (II) an assurance that the majority of the governing body of the operating partner is not and shall not be comprised of district staff;

        (III) an assurance that no member of the governing body of the operating partner will be related within the first degree of affinity or consanguinity with any members of the independent school district's board of trustees, the superintendent, or staff responsible for granting the charter or contract to partner to operate or overseeing the performance contract;

        (IV) an assurance that all members of the governing body of the operating partner have passed and will continually pass the district's conflict of interest checks;

        (V) an assurance that the district has not appointed a majority of the members of the governing board of the operating partner; and

      (vii) an assurance that the school district will provide a list of the board members of the governing body and a description of their respective backgrounds upon approval and annually thereafter.

    (D) The criteria described in this subparagraph apply to a campus whose last preliminary or final overall performance rating was unacceptable. In addition to the criteria described in subparagraphs (A)-(C) of this paragraph, as applicable, each applicant must demonstrate evidence that the operating partner has the capacity necessary to successfully turn around campuses.

      (i) For partnership benefits applied to district charter campuses authorized under TEC, Chapter 12, Subchapter C, that are approved for the 2020-2021 or 2021-2022 school year, evidence must be provided that the operating partner has staff in leadership positions with at least three years of experience managing campuses to academic success.

Cont'd...

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