Commissioner's Rules
Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1015, Applicants for an Open-Enrollment Charter, Public Senior College or University Charter, or Public Junior College Charter
Attachments:
I. Statutory Citation (PDF)
II. Text of Proposed Amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1015. Applicants for an Open-Enrollment Charter, Public Senior College or University Charter, or Public Junior College Charter (PDF)
SUMMARY:
The rule action presented in this item was filed as proposed with the Texas Register under the commissioner's rule making authority. This item proposes an amendment to 19 TAC Chapter 100, Charters, Subchapter AA, Commissioner's Rules Concerning Open-Enrollment Charter Schools, Division 1, General Provisions, §100.1015, Applicants for an Open-Enrollment Charter, Public Senior College or University Charter, or Public Junior College Charter. The proposed amendment would further refine provisions relating to governance standards for charter applicants.
STATUTORY AUTHORITY:
Texas Education Code (TEC) §12.101(b).
EARLIEST POSSIBLE DATE OF ADOPTION:
March 4, 2013.
PROPOSED EFFECTIVE DATE:
April 21, 2013.
BACKGROUND INFORMATION AND SIGNIFICANT ISSUES:
Section 100.1015, Applicants for an Open-Enrollment Charter, Public Senior College or University Charter, or Public Junior College Charter, was last amended effective September 12, 2012, to improve the application process for charters authorized by the State Board of Education (SBOE). That amendment implemented the commissioner's authority, as authorized in the TEC, §12.101(b), to adopt financial, governing, and operational standards with which an applicant for an open-enrollment charter must comply before the SBOE can award a charter. The proposed amendment to 19 TAC §100.1015 would further refine provisions relating to the governing standards in paragraph (2) to clarify requirements relating to 501(c)(3) exemptions and specifications pertaining to an applicant's members.
Paragraph (1) would also be modified to reference the Texas Education Agency (TEA) Financial Accountability System Resource Guide Special Supplement - Charter Schools.
FISCAL IMPACT:
The TEA has determined that there are no additional costs to persons or entities required to comply with the proposed rule action. In addition, there is no direct adverse economic impact for small businesses and microbusinesses; therefore, no regulatory flexibility analysis, specified in Texas Government Code, §2006.002, is required.
PUBLIC AND STUDENT BENEFIT:
The proposed amendment would refine provisions related to governance standards to improve the charter application process in order to provide additional education opportunities for students.
PROCEDURAL AND REPORTING IMPLICATIONS:
The proposed amendment would require charter applicants and successful charter awardees to demonstrate evidence of meeting and maintaining certain governing standards as specified in the request for applications.
LOCALLY MAINTAINED PAPERWORK REQUIREMENTS:
The proposed amendment would have no new locally maintained paperwork requirements.
PUBLIC COMMENTS:
The public comment period on the proposal begins February 1, 2013, and ends March 4, 2013.
ALTERNATIVES:
None.
OTHER COMMENTS AND RELATED ISSUES:
A request for a public hearing on the proposal submitted under the Administrative Procedure Act must be received by the commissioner of education not more than 14 calendar days after notice of the proposal has been published in the Texas Register on February 1, 2013.
Staff Members Responsible:
Michael Berry, Deputy Commissioner, Policy and Programs
Sally Partridge, Associate Commissioner, Accreditation and School Improvement
Heather Mauzé, Director, Charter School Administration
For more information, email rules@tea.state.tx.us.