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Model Amendment Form
Amendment Request Form:
House Bill 6 provides that a charter school must follow the competitive bidding procedures set forth in Subchapter B, Chapter 271, Texas Local Government Code, unless the school's charter describes procedures for purchasing and contracting and the procedures are approved by the State Board of Education. At it's meeting on January 10, 2002, the State Board of Education favorably considered (on first reading) a proposed rule allowing charter schools to amend their charters to include the procedures available to school districts contracting for real estate improvements under Subchapter B, Chapter 44 of the Education Code. The statutory framework for school districts also provides that districts must require performance and payment bonds of prime contractors as detailed in Chapter 2253, Government Code. Because the provisions of Subchapter B, Chapter 44, Education Code, are designed to work in tandem with those in Chapter 2253, Government Code, consideration should be given to adopting provisions of Chapter 2253, Government Code as well. Professionals with experience in this field estimate that the cost of requiring a payment/performance bond generally ranges from 1 to 1½ percent of the contract. Accordingly, this amendment form incorporates provisions of Subchapter B, Chapter 44, Education Code and Chapter 2253, Government Code. The form must be modified if a school does not seek to incorporate either set of provisions into its charter. Both chapters are available for review in the Texas School Law Bulletin. Also, you may review these chapters online at www.capitol.state.tx.us/statutes/statutes.html. Please be advised that nothing in this communication substitutes for legal advice. Schools are strongly encouraged to seek the advice of legal counsel as needed. In order to submit an amendment for consideration, please complete the attached form with original signatures and mail to: Charter Schools Division, TEA
One form must be submitted for each charter. Click here to view the request form. |