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(a)Application deadline. For admission to a charter school, a charter holder shall: (1)require the applicant to complete and submit an application not later than a reasonable deadline the charter holder establishes; and (2)on receipt of more acceptable applications for admission under this section than available positions in the school: (A)except as permitted by federal law, fill the available positions by lottery; or (B)subject to subsection (b) of this section, fill the available positions in the order in which all timely applications were received. (b)Newspaper publication. A charter holder may fill applications for admission under subsection (a)(2)(B) of this section only if it published a notice of the opportunity to apply for admission to the charter school. A notice published under this subsection must: (1)state the application deadline; and (2)be published in a newspaper of general circulation in the community in which the school is located not later than the seventh day before the application deadline. (c)Maximum enrollment; transfers. Total enrollment shall not exceed the maximum number of students approved in the open-enrollment charter. Students who reside outside the geographic boundaries stated in the open-enrollment charter shall not be admitted to the charter school until all eligible applicants who reside within the boundaries and have submitted a timely application have been enrolled. Then, if the open-enrollment charter so provides, the charter holder may admit transfer students to the charter school in accordance with the terms of the open-enrollment charter. (d)Waiver of public charter school funding. A charter holder operating pursuant to subsection (a)(2)(B) of this section may not qualify as "public charter school" under applicable federal law. If the charter holder does not qualify for such status, it may be ineligible to apply for grants and other discretionary funding restricted to public charter schools.
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 February 4, 2002
TRD-200200700 Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: March 17, 2002
For further information, please call: (512) 463-9701
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