The following words and terms, when used in this subchapter,
have the following meaning, unless the context clearly indicates otherwise.
(1) Charter holder, governing body of a charter holder,
and governing body of a charter school--The definitions of these terms
are assigned in Texas Education Code (TEC), §12.1012.
(2) Former charter holder--An entity that is or was
a charter holder, but that has ceased to operate a charter school
because its open-enrollment charter has been revoked, surrendered,
abandoned, or denied renewal, or because all programs have been ordered
closed under TEC, Chapter 39.
(A) A charter holder whose authority to operate has
been suspended under TEC, §12.1162, is not a former charter holder.
(B) A charter holder with more than one open-enrollment
charter is a former charter holder only with respect to the open-enrollment
charter that authorizes a charter school that has ceased to operate.
The charter holder is not a former charter holder with respect to
an open-enrollment charter that authorizes a charter school that continues
to operate.
(3) Charter school--A Texas public school operated
by a charter holder under an open-enrollment charter granted either
by the State Board of Education (SBOE) or commissioner of education,
whichever is applicable, pursuant to TEC, §12.101, identified
with its own county district number.
(A) An "employee of a charter school," as used in this
subchapter, means a person paid to work at a charter school under
the direction and control of an officer of a charter school, regardless
of whether the person is on the payroll of the charter holder, a charter
school operated by the charter holder, a management company providing
management services to the charter holder, or any other person.
(B) An "employee of a charter holder," as used in this
subchapter, means a charter holder employee who engages in no charter
school activity and is not an officer of any charter school.
(C) A charter school "campus," as used in this subchapter,
means an organizational unit of a charter school determined by the
Texas Education Agency (TEA) to be an instructional campus for purposes
of data collection and reporting. A campus may be a single site or
may include multiple sites as described in subparagraph (D) of this
paragraph.
(D) A charter school "site," as used in this subchapter,
means an organizational unit of a charter school with administrative
personnel identified by a separate street address within 50 miles
of the campus with which it is associated and fully described in the
open-enrollment charter. A "site" must be approved for instructional
use either in the original open-enrollment charter as granted by the
SBOE or commissioner or in an amendment granted under §100.1033(b)(10)
of this title (relating to Charter Amendment).
(E) A charter school "facility," as used in this subchapter,
means a building located on the same contiguous land as the campus
with which it is associated or within one mile of the campus. The
facility and its associated address must be approved for instructional
use through the submission of a certificate of occupancy (COO) to
the commissioner prior to serving students in said facility.
(4) Real estate--An interest, including a lease interest,
in real property recognized by Texas law, or in improvements such
as buildings, fixtures, utilities, landscaping, construction in progress,
or other improvements.
(5) Lease interest--The legal rights obtained under
a capital or operating lease. These include the right to occupy, use,
and enjoy the real estate given by the property owner in exchange
for rental payments or other consideration specified in the lease,
together with any associated rights that the lease confers on the
tenant under the lease or other law.
(6) Personal property--An interest in personal property
recognized by Texas law, including:
(A) furniture, equipment, supplies, and other goods;
(B) computer hardware and software;
(C) contract rights, intellectual property such as
patents, and other intangible property;
(D) cash, currency, funds, bank accounts, securities,
and other investment instruments;
(E) the right to repayment of a loan, advance, or prepayment
or to the payment of other receivables; and
(F) any other form of personal property recognized
by Texas law.
(7) Capitalized personal property, fixed assets, ownership
interest, cost basis, accumulated depreciation, loan, debt, credit,
and fair market valuation--The definitions of these terms are as assigned
either by §109.41 of this title (relating to Financial Accountability
System Resource Guide) and/or by generally accepted accounting principles.
(8) State funds--Funds received by the charter holder
under TEC, §12.106, and any grant or discretionary funds received
through or administered by the TEA, including all federal funds. The
rules in this division apply to property acquired, improved, or maintained
with federal funds to the extent that such application is consistent
with applicable federal law or regulations.
(9) State funds received on or after September 1, 2001--State
funds are received on or after September 1, 2001, if the Texas Comptroller
of Public Accounts issues a warrant for such funds on or after that
date, or if an electronic transfer of such funds is made on or after
that date.
(10) State funds received before September 1, 2001--State
funds are received before September 1, 2001, if the Texas Comptroller
of Public Accounts issued a warrant for such funds before that date,
or if an electronic transfer of such funds was made before that date.
(11) Property acquired, improved, or maintained using
state funds--Property for which the title, control over the property,
use of the property, or benefit from the property is obtained directly
or indirectly through expenditure of or control over state funds.
This includes property acquired, improved, or maintained through a
management company under a contract for management services, and includes
the proceeds of loans, credit, or other financing that:
(A) is secured with state funds, or with property acquired,
improved, or maintained using state funds; or
(B) is extended, in whole or part, based on the charter
holder's control over state funds.
(12) Misuse or misapplication of funds or property--A
use of state funds or public property that is contrary to:
(A) the open-enrollment charter under which a charter
holder holds the funds or property;
(B) an agreement under which an employee or contractor
holds the funds or property;
(C) a law, regulation, or rule that prescribes the
manner of acquisition, sale, lease, custody, or disposition of the
funds or property, including, but not limited to, violations of Local
Government Code, §§171.002-171.007; Local Government Code,
Chapter 271, Subchapter B; and TEC, §12.1053 and §12.1054,
unless otherwise stated in the charter contract;
(D) a limited purpose for which the funds or property
is delivered or received; or
(E) the use authorized by the governing body of the
charter holder.
(13) Management services--Services related to the management
or operation of a charter school. Management services include any
of the following:
(A) planning, operating, supervising, or evaluating
a charter school's educational programs, services, or facilities;
(B) making recommendations to the governing body of
a charter holder or charter school relating to the selection of school
personnel;
(C) managing a charter school's day-to-day operations
as its administrative manager;
(D) preparing a proposed budget or submitting it to
the governing body of a charter holder or charter school;
(E) recommending policies to be adopted by the governing
body of a charter holder or charter school, except that legal services
provided by an attorney licensed to practice law in this state, and
public accountancy services provided by a certified public accountant
licensed to practice public accountancy services in this state, are
not management services, notwithstanding that such services may include
recommending policies to be adopted by the governing body of a charter
holder or charter school;
(F) developing procedures or practices to implement
policies adopted by the governing body of a charter holder or charter
school, except that legal services by an attorney licensed to practice
law in this state, and public accountancy services provided by a certified
public accountant licensed to practice public accountancy services
in this state, are not management services, notwithstanding that such
services may include developing procedures or practices to implement
policies adopted by the governing body of a charter holder or charter
school;
Cont'd... |
