| (a) For the purpose of determining an open-enrollment
charter school's initial eligibility to receive funding as provided
in Texas Education Code (TEC), §12.106(e), the most recent overall
performance rating assigned to the open-enrollment charter school
under TEC, Chapter 39, Subchapter C, is the preliminary overall performance
rating issued to the open-enrollment charter school for the school
year preceding the school year for which funding under TEC, §12.106(d),
would be provided.
(b) If the preliminary rating issued under TEC, Chapter
39, Subchapter C, for the school year preceding the year for which
funding under TEC, §12.106(d), would be provided is changed as
a result of an accountability appeal to a rating of at least acceptable,
then the full amount of the funds will be provided to the open-enrollment
charter school.
(c) If the open-enrollment charter school was not rated
the preceding school year as a result of a special evaluation by the
commissioner of education because the open-enrollment charter school
was in a county declared a natural disaster, the most recent overall
performance rating assigned to the open-enrollment charter school
under TEC, Chapter 39, Subchapter C, is the most recent final overall
performance rating issued.
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