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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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed
with the Office of the Secretary of State on March 29, 2002
TRD-200202055 Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Effective date: April 18, 2002
Proposal publication date: February 15,
2002
For further information, please call: (512) 463-9701
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