ORGANIZATION: ADVERSE ACTIONS ON CHARTERS [LAW]
1. Modification, Placement on
Probation, Revocation, or Denial of Renewal
The commissioner of education may modify, place on
probation, revoke, or deny renewal of the charter of an open-enrollment school
if the commissioner determines that the charter holder:
A. Committed a
material violation of the charter, including failure to satisfy accountability
provisions prescribed by the charter;
B. Failed
to satisfy generally accepted accounting standards of fiscal management;
C. Failed
to protect the health, safety, or welfare of the students enrolled at the school;
or
D. Failed
to comply with any other applicable state and/or federal laws or rules.
Any action by the
commissioner shall be based on the best interest of the school’s students, the
severity of the violation, and any previous violation the school has
committed. If action is taken by the
commissioner, then notice will be sent, directed to the charter holder, providing
an opportunity for a hearing. Such
notice will be given to the charter holder and to the parents/guardians of
students of the school.
2. Effect of Revocation, Denial of
Renewal, or Surrender of Charter
If the commissioner revokes or denies the renewal of a
charter of the open-enrollment charter school, or if the open-enrollment
charter school surrenders its charter, the school may not continue to operate
or to receive state funds under Chapter 12, subchapter D of the Texas Education
Code.
However, an open-enrollment charter school may
continue to operate and receive state funds for the remainder of a school year
if the commissioner denies renewal of the school’s charter before the
completion of that school year.
3. Commissioner
Interventions
A. The commissioner shall take any action,
including temporarily withholding funding, suspending the authority to operate,
or taking reasonable action to protect students, based on the evidence that
conditions at the school present a danger to the health, safety, or welfare of
students, as well as those actions described in § 39.131(a), Tex. Educ.
Code, to the extent the commissioner determines necessary, if the open-enrollment
charter school, as determined after an on-site investigation report issued:
(1) Commits
a material violation of the school’s charter;
(2) Fails
to satisfy generally accepted accounting standards of fiscal management; or
(3) Fails
to comply with Texas Education Code, Chapter 12, subchapter D or other
applicable rule or law.
B. If
the commissioner’s action concerns the protection of students, then the
open-enrollment charter school may not receive funding and may not resume
operation until a determination is made that:
(1) Despite
initial evidence, the conditions at the school do not present a danger of
material harm to the health, safety, or welfare of students; or
(2) The
conditions at the school that presented a danger of material harm to the
health, safety, or welfare of students have been corrected.
The charter holder must be provided a hearing by the
commissioner.
A. Charter
Holder Cooperation
The charter holder and its employees and
agents shall fully cooperate with any action by the commissioner and shall take
all actions necessary to secure the cooperation of a management company. Failure to comply with lawful requests,
directives, or other agency actions, constitutes a material charter violation.
19
B. Management
Company Cooperation
A management company and its employees
and agents shall fully cooperate with any action by the commissioner. Failure to comply with lawful requests,
directives, or other Texas Education Agency (TEA) actions constitutes a
management company breach.
19
5. Audits
A. By Commissioner
The commissioner may audit the records of the open-enrollment
charter school, the charter holder, and a management company. The audit must be limited to matters directly
related to the management or operation of the open-enrollment charter school,
including any financial and administrative records.
TEA may conduct routine audits, monitoring, and other
investigations of the charter school or charter holder to determine compliance
with the terms of the open-enrollment charter, with the terms of federal or
state grants, or as authorized in the Texas
Education Code or other law.
C. School
Cooperation
The charter holder and its employees and
agents, as well as a management company and its employees and agents, shall
fully cooperate with audits, monitoring, and investigations conducted by
TEA. Failure to comply with lawful
requests, directives, or other agency actions constitutes a material charter
violation, and a management company breach, respectively.
19