For purposes under Texas Education Code (TEC), Chapter 39; Subchapter DD of this chapter (relating to Investigative Reports, Sanctions, and Record Reviews); and this subchapter, the following words and terms shall have the following meaning, unless the context clearly indicates otherwise: (1)Board of trustees--The definition of this term includes a governing body of a charter holder as defined by TEC, §12.1012. (2)Campus--An organizational unit operated by the school district that is eligible to receive a campus performance rating in the state accountability rating system under §97.1001 of this title (relating to Accountability Rating System), including a rating of Not Rated--Other or Not Rated--Data Integrity Issues. The definition of this term includes a charter school campus as defined by §100.1011(3)(C) of this title (relating to Definitions). (3)Campus closure--Cessation of all instructional activity on the campus in each grade level served in the school year immediately preceding the closure of the campus. An order of closure does not preclude the district from reusing the facility for another purpose such as administration, storage, or instruction in other grades not served during the school year immediately preceding the closure of the campus. [(A)A district ordered to close a campus may apply to the commissioner of education for approval to repurpose a building or facility formerly housing the closed campus.] [(B)A building or facility that is approved for repurposing under subparagraph (A) of this paragraph must house a completely different instructional program, bear a new name, and be assigned a new campus identification number.] [(C)The commissioner shall not approve the repurposing of a building or facility under subparagraph (A) of this paragraph unless:] [(i)all instructional activity under the programs operated at the repurposed building or facility occurs at grade levels not previously served by the closed campus; or] [(ii)at least 50% of the students previously served by the closed campus are reassigned to other campuses, the campus administrator is removed or reassigned to other campuses, and at least 75% of the instructional staff employed on the campus are removed or reassigned to other campuses.] (4)Charter school--This term has the meaning assigned by §100.1011(3) of this title. References to a charter school in TEC, Chapter 39, and rules adopted under it, shall mean either the board of trustees or the school district, as appropriate. (5)Charter school site--This term has the meaning assigned by §100.1011(3)(D) of this title. (6)Insufficient performance--as used by House Bill 3, Acts of the 81st Texas Legislature, Regular Session, 2009, means the same as academically unacceptable performance. This change in terminology reflects the fact that minimum expectations for performance are higher in some cases than performance termed Academically Unacceptable in prior law. (7) [(6)] Person--This term has the meaning assigned by the Code Construction Act, Government Code, §311.005(2), and includes a school district. (8) [(7)] Reconstitution-- (A)The removal or reassignment of some or all campus administrative and/or instructional personnel in accordance with at least the minimum requirements of TEC, §39.107 [§39.1324(b) ], taking into consideration proactive measures the district or campus has taken regarding campus personnel; and (B)the implementation of a campus redesign, approved by the commissioner of education, that: (i)provides a rigorous and relevant academic program; (ii)provides personal attention and guidance; (iii)promotes high expectations for all students; and (iv)addresses comprehensive school-wide improvements that cover all aspects of a school's operations, including, but not limited to, curriculum and instruction changes, structural and managerial innovations, sustained professional development, financial commitment, and enhanced involvement of parents and the community. (9) [(8)] School district and district--The definition of these terms includes a charter operator, which is the same as a charter holder as defined by TEC, §12.1012.
This agency hereby certifies that the proposal
has been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on April 9, 2010
TRD-201001719 Cristina De La
Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Earliest possible date of adoption: May 23, 2010
For further information, please call: (512) 475-1497
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