This page contains frequently asked questions related to charter school amendments.

1. What constitutes a substantive amendment?

2. Is an amendment required to relocate a charter school campus within the same city or within the already approved geographic boundaries?

3. What is the process for approving expansion amendments?

4. Is a board resolution required for all substantive amendments?

5. Can the charter school board members sign the amendment resolution (in cases where the charter holder board has set up a charter school board)?

6. What is the definition of an education plan and what kind of information should be included in such a plan?

7. What is the definition of a business plan and what kind of information should be included in such a plan?

1. What constitutes a substantive amendment?
   A substantive amendment is any change to the terms of an open-enrollment charter that relates to the following subjects: grade levels, maximum enrollment, geographic boundaries, approved sites, school name, charter holder name, charter holder governance, articles of incorporation, corporate bylaws, management company, admission policy, or the educational program of the school. The educational program refers to the educational philosophy or mission of the school or curriculum models or whole-school designs that are inconsistent with those specified in the school's charter. A substantive amendment must be approved by the commissioner of education at the Texas Education Agency (TEA).
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2. Is an amendment required to relocate a charter school campus within the same city or within the already approved geographic boundaries?
   Yes. An amendment is required to relocate a charter school campus within the charter’s currently approved geographic boundary. If a charter school would like to relocate a campus to a location outside of the charter’s geographic boundary, this would constitute an expansion amendment request.
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3. What is the process for approving expansion amendments?
   An expansion amendment is a substantive amendment that permits a charter school to extend the grade levels that are allowed to be served, add a site for an instructional facility, change the geographic boundaries, or increase the maximum allowable enrollment. 
   
   The commissioner may approve an expansion amendment only if:

   (i) the expansion will be effective no earlier than the start of the fourth full school year at the affected charter school. This restriction does not apply if the affected charter school has as its most recent rating "Acceptable" or higher and is operated by a charter holder that operates other charter campuses and all of that charter holder's most recent campus ratings are "Acceptable" or higher under the relevant accountability manual;
   (ii) the amendment request is received no later than the first day of February preceding the school year in which the expansion will be effective;
   (iii) the most recent rating for each campus operated by the charter holder is "Acceptable" or higher under the relevant accountability manual;
   (iv) the charter holder has provided evidence that each school district affected by the expansion was sent a notice of the expansion amendment and was given an opportunity to submit a statement regarding the impact of the amendment on the district;
   (v) the commissioner determines that the amendment is in the best interest of the students of Texas; and (vi) the charter holder meets all other requirements applicable to expansion amendment requests and substantive amendments generally.
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4. Is a board resolution required for all substantive amendments?
   Before implementing a substantive amendment, the charter holder shall file with the TEA Division of Charter Schools a request, clearly labeled "charter amendment request," setting forth the text and page reference, or a photocopy, of the current open-enrollment charter language to be changed, and the text proposed as the new open-enrollment charter language. The request must be made in or attached to a written resolution adopted by the governing body of the charter holder and signed by the present board members voting in favor of it.
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5. Can the charter school board members sign the amendment resolution (in cases where the charter holder board has set up a charter school board)?
   No. The request must be made in or attached to a written resolution adopted by the governing body of the charter holder and signed by the present board members voting in favor of it.
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6. What is the definition of an education plan and what kind of information should be included in such a plan?
   The education plan should contain the TEKS for each grade level and should closely mirror the format of the education plan that was submitted in the original charter application.
   TEA’s website contains information that may assist in the development of an education plan. Some of the links that an applicant may want to review are as follows:
   • Texas Administrative Code (TAC);
   • Curriculum;
   • Texas Essential Knowledge and Skills (TEKS);
   • Special Education; and
   • Bilingual Education.
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7. What kind of information should be included in a business plan?
   The requirements of a business plan are spelled out in the amendment instructions form found on our Charter Amendments page.
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*The information in this document is intended to provide nonregulatory guidance relating to charter schools and should not be construed as TEA rules.  

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If you have any questions about the information on this page, contact the Division of Charter School Administration at (512) 463-9575.

Division of Charter School Administration
1701 North Congress Avenue
Austin, TX 78701
Phone: (512) 463-9575 

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