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TITLE 19EDUCATION
PART 2TEXAS EDUCATION AGENCY
CHAPTER 100CHARTERS
SUBCHAPTER AACOMMISSIONER'S RULES CONCERNING OPEN-ENROLLMENT CHARTER SCHOOLS
DIVISION 1GENERAL PROVISIONS
RULE §100.1011Definitions

    (G) preparing recommendations for policies to be adopted by the governing body of the charter holder or charter school, or overseeing the implementation of adopted policies, except for legal services provided by an attorney licensed to practice law in this state or public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state;

    (H) developing or causing to be developed appropriate administrative regulations to implement policies established by the governing body of the charter holder or charter school, except for legal services provided by an attorney licensed to practice law in this state or public accountancy services provided by a certified public accountant licensed to practice public accountancy services in this state;

    (I) providing leadership for the attainment of student performance in a charter school operated by the charter holder, based on the indicators adopted under TEC, §39.051, or other indicators adopted by the charter holder in its open-enrollment charter; or

    (J) organizing the central administration of the charter holder or charter school.

  (19) Campus administration officer--A person charged with the duties of, or acting as, a principal or assistant principal of a charter school campus, including one or more of the following functions:

    (A) approving teacher or staff appointments for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;

    (B) setting specific education objectives for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;

    (C) developing budgets for a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter;

    (D) assuming the administrative responsibility or instructional leadership, under the supervision of a central administration officer, for discipline at a charter school campus;

    (E) assigning, evaluating, or promoting personnel assigned to a charter school campus, unless this function is performed by a central administration officer under the terms of the open-enrollment charter; or

    (F) recommending to a central administration officer the termination or suspension of an employee assigned to a charter school campus, or recommending the non-renewal of a term contract of such an employee.

  (20) Business manager--A person charged with managing the finances of a charter holder or charter school.

  (21) Donate--Services are donated if:

    (A) given free of any charge, cost, fee, compensation, reimbursement, remuneration, or any other thing of value or consideration, whether direct or indirect, from the donee to the donor, or from any other person or entity to the donor on behalf of the donee;

    (B) given free of any condition, stipulation, promise, requirement, or any other obligation, whether direct or indirect, enforceable by the donor or by any other person or entity; and

    (C) separately and clearly recorded in the accounting, auditing, budgeting, reporting, and recordkeeping systems for the management and operation of the charter school.

  (22) Material charter violation--An action or failure to act by a charter holder that is contrary to the terms of its open-enrollment charter, and constitutes sufficient grounds for action against the charter holder under §100.1021 of this title (relating to Adverse Action on an Open-Enrollment Charter) and/or §100.1023 of this title (relating to Intervention Based on Charter Violations). Where a provision in this subchapter uses this term, such use is for clarity and emphasis only, and does not:

    (A) establish that any breach of a duty occurred in a given case or what sanction is appropriate under the facts of that case; or

    (B) imply that any other provision where the term is not used is not material or less important, or that the breach of a duty imposed by the provision is not grounds for action against the charter holder.

  (23) Management company breach--An action or failure to act by a management company that is contrary to a duty owed under a management contract, a rule adopted under TEC, Chapter 12, Subchapter D, or any other legal obligation, and constitutes sufficient grounds for action against the management company under TEC, §12.127 (Liability of Management Company), and/or §100.1155 of this title (relating to Procedures for Prohibiting a Management Contract). Where a provision in this subchapter uses this term, such use is for clarity and emphasis only, and does not:

    (A) establish that any breach of a duty occurred in a given case or what sanction is appropriate under the facts of that case; or

    (B) imply that any other provision where the term is not used is not material or less important, or that the breach of a duty imposed by the provision is not grounds for action against the management company.

  (24) Shared services cooperative--A contractual arrangement among charter holders through which one member of the cooperative, acting as the fiscal and administrative agent for the other members, provides educational services and/or management services to member charter holders under a written contract executed by each member. A contract establishing a shared services cooperative must at a minimum:

    (A) establish clear procedures for administering services under the direction and control of the cooperative, and for assigning responsibility for all costs and liabilities associated with services provided under the contract;

    (B) establish the duties, responsibilities, and accountability of the fiscal agent and of each member for services provided under the contract;

    (C) establish clear procedures for withdrawal of a member from the agreement, and for the dissolution and winding up of the affairs of the cooperative;

    (D) if the cooperative may provide special education services, comply with TEC, §29.007; and

    (E) be approved in writing by the commissioner before any services are provided.


Source Note: The provisions of this §100.1011 adopted to be effective April 18, 2002, 27 TexReg 3110; amended to be effective June 8, 2003, 28 TexReg 4277; amended to be effective April 6, 2005, 30 TexReg 1911; amended to be effective June 22, 2009, 34 TexReg 4119

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