Section 100.1011 - Application Requirements and Selection Process(a) Except as expressly provided in the rules in this subchapter, provisions in this section apply to applications affiliated and published under the following Texas Education Code (TEC) subchapters: (1) TEC, Chapter 12, Subchapter D;(2) TEC, Chapter 12, Subchapter E; and(3) TEC, Chapter 12, Subchapter G.(b) Prior to each application cycle, the commissioner of education shall approve an application form for submission by new and returning applicants seeking to operate a high quality open-enrollment charter school. The application form shall address the content requirements specified in TEC, §12.111, for the Subchapter D form; TEC, §12.154, for the Subchapter E form; and TEC, §12.257, for the Subchapter G form, and contain the following: (1) the timeline for selection;(2) applicant conferences and training prerequisites;(3) scoring criteria and procedures for use by the review panel selected under subsection (d) of this section;(4) the minimum score necessary for an application to be eligible for capacity interview; and(5) the earliest date an open-enrollment charter school selected in the cycle may open.(c) The Texas Education Agency (TEA) shall review applications submitted under this section. (1) No applicant will be considered if it meets either of the conditions in the following subparagraphs. This paragraph does not apply to an applicant that has previously relinquished a charter, under the circumstances described in § 100.1001(12)(C) of this title (relating to Definitions).(A) Within the preceding 10 years, the applicant had a charter under Texas law or similar charter under the laws of another state surrendered under a settlement agreement, revoked, denied renewal, or returned.(B) The applicant is considered to be a corporate affiliate of, or substantially related to, an entity that within the preceding 10 years, had a charter under Texas law or similar charter under the laws of another state surrendered under a settlement agreement, revoked, denied renewal, or returned.(2) The commissioner of education may not grant more than one charter for an open-enrollment charter school to any charter holder.(3) Upon receipt, TEA shall review applications for completeness and provide each applicant with a notice that documents the status of each requirement as complete or incomplete. (A) TEA shall remove applications without further processing if documents are: (i) received after the submission deadline as provided in the request for application;(ii) substantially incomplete; or(iii) determined not to meet the standards in TEC, §§12.101, 12.152, 12.257, or 12.255, or §100.1011 or § 100.1017 of this title (relating to Application Requirements and Selection Process and Applicant Eligibility and Form Contents).(B) If TEA determines that an application is not complete, TEA shall notify the applicant of all documents that are eligible for remedy and allow five business days for the applicant to submit the requested documentation.(C) Once additional review is complete, the decision of the commissioner or commissioner's designee is final and may not be appealed.(D) Failure of TEA to identify any deficiency, or notify an applicant thereof, does not constitute a waiver of the requirement and does not bind the commissioner.(E) Upon written notice to TEA and without penalty for future application cycles, an applicant may withdraw an application.(F) Applications that are determined complete shall be reviewed and scored by an external application review panel.(i) The external application review panel shall be selected from a pool of qualified candidates. To the greatest extent practicable, an external review panelist will not be assigned applications for schools planning to locate within the geographic area in which they have a primary physical address or employment address and served by the same regional education service center.(ii) Members of the review panel shall disclose to TEA immediately the discovery of any past or present relationship with an open-enrollment charter applicant, including any current or prospective employee, agent, officer, or director of the sponsoring entity, an affiliated entity, or other party with an interest in the selection of the application.(iii) Reviewers must be individuals with the knowledge and skills associated with one or more of the following: curriculum and instruction, education service and delivery, charter authorization, charter school organization and management, facilities use and management, pedagogy, innovative education programs or technologies, assessments, diverse learning populations, school leadership, human resources, school finance, and/or charter school governance and policy.(iv) The panel shall review and score applications in accordance with the procedures and criteria established in the application form.(v) Review panel members shall not discuss applications with anyone except TEA staff. Review panel members shall not accept meals, entertainment, gifts, or gratuities in any form from any person or organization with an interest in the results of the selection process for open-enrollment charters.(vi) Applications that are not scored at or above the minimum score established in the application form are not eligible for commissioner selection during that cycle.(vii) Upon completion of external review, TEA will provide all applicants with the results of their reviews by the panel, notice of their status as meeting or not meeting the minimum score, whether the applicant will advance to capacity interviews, the average scores, and individual scoring rubrics, including comments from independent external review panelists.(G) The commissioner may, at the commissioner's sole discretion, decline to grant an open-enrollment charter to an applicant whose application was scored at or above the minimum score.(i) No recommendation, ranking, or other type of endorsement by a member or members of the review panel is binding on the commissioner.(ii) The commissioner or commissioner's designee shall provide written notice to any applicant that is removed under this paragraph.(iii) The decision of the commissioner or commissioner's designee is final and may not be appealed.(H) All parts of the application are releasable to the public under the Texas Public Information Act and will be posted to the TEA website; therefore, the following must be excluded or redacted:(i) personal email addresses;(ii) proprietary material;(iii) copyrighted material;(iv) documents that could violate the Family Educational Rights and Privacy Act by identifying potential students of the charter school, including, but not limited to, sign-in lists at public meetings about the school, photographs of existing students if the school is currently operating or photographs of prospective students, and/or letters of support from potential charter school parents and/or students; and(v) any other information or documentation that cannot be released in accordance with Texas Government Code, Chapter 552.(I) The commissioner or the commissioner's designee(s) in coordination with TEA staff shall conduct a capacity interview with applicants whose applications received the minimum score established in the application form. The commissioner may specify individuals required to attend the interview and may require the submission of additional information and documentation prior or subsequent to an interview.(d) The commissioner shall approve or deny a Subchapter D charter school application based on: (1) documented evidence gathered through the application review process;(3) criteria for applicants that apply as new operators that include, at a minimum: (A) indications that the charter school will possess the capability to carry out responsibilities as provided in the charter;(B) indications that the charter school will improve student performance and encourage innovative programs;(C) indications that the charter school will be high-quality, including: (i) evidence that the school will receive the highest or second highest performance rating category under TEC, Chapter 39, Subchapter C, beginning in the first year of eligibility; and(ii) evidence that the charter school will earn seventy or more points without failing a critical indicator on the Charter Financial Integrity Rating System of Texas beginning in Year 1; and(D) a statement from any school district whose enrollment is likely to be affected by the charter school, including information relating to any financial difficulty that a loss in enrollment may have on the district;(4) criteria for applicants that apply as experienced operators that include, at a minimum: (A) the criteria described in paragraphs (1)-(3) of this subsection;(B) the strength of the applicant's existing portfolio, or their affiliate; and(C) the likelihood of operating a high-quality charter; and(5) all other criteria published in the application.(e) The commissioner shall approve or deny a Subchapter E charter school application based on:(1) the criteria described in subsection (d)(1)-(3) of this section;(2) indications that the applicant's educational program will be implemented under the direct supervision of a member of the teaching or research faculty of the public junior college, senior college, or university;(3) indications that the faculty member supervising the applicant's educational program has substantial experience and expertise in education research, teacher education, classroom instruction, or educational administration;(4) indications that the applicant's educational program has been designed to meet specific goals described in the charter application and each aspect of the program is directed toward the attainment of the goals;(5) indications that the financial operations of the applicant will be supervised by the business office of the public junior college, senior college, or university; and(6) all other criteria published in the application.(f) The commissioner shall approve or deny a Subchapter G charter school application based on: (1) documented evidence gathered through the application review process;(3) criteria that include:(A) indications that the education program will enable program participants to successfully earn a diploma and take career and technology education courses that can lead to an industry certification;(B) indications that the applicant, or a member of the applicant's executive leadership has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar marginalizing circumstances;(C) indications that a significant portion of instruction will be delivered in a teacher-led, interactive classroom environment;(D) indications that the educational program will provide access to:(i) career readiness training;(ii) postsecondary counseling; and(iii) job-placement services;(E) indications that the educational program will provide support services that include: (i) child care at no cost to students;(ii) life coaching services as outlined in TEC, §12.259;(iii) mental health counseling;(iv) instructional support services for students with identified disabilities; and(v) transportation assistance;(F) indications that the charter school will possess the capability to carry out responsibilities as provided in the charter;(G) indications that the proposed governance structure will maintain sound fiscal management and administrative practices; and(H) indications that the financial plan is viable.(g) Priority shall be given to applicants that propose a school in an attendance zone of a school district campus assigned an unacceptable performance rating under TEC, §39.054, for two preceding years. This paragraph does not apply to an application form released under TEC, Chapter 12, Subchapter G.(h) An applicant or any person or entity acting on behalf of an applicant for an open-enrollment charter shall not knowingly communicate with any member of an external application review panel concerning a charter school application beginning on the date the application is submitted and ending 90 days after the commissioner's proposal of a Subchapter D charter, or ending with the commissioner's notice of decision regarding a Subchapter E or G charter, whichever applies. On finding a material violation of the no-contact period, the commissioner may reject the application and deem it ineligible for award.(i) An applicant or their representative must not initiate contact with any employee of TEA, other than the commissioner or commissioner's designee, regarding the content of its application from the time the application is submitted until the application cycle is final, following the 90-day State Board of Education (SBOE) veto period.(j) An applicant or person or entity acting on behalf of the applicant may not provide any item of value, directly or indirectly, to the commissioner, any employee of TEA, or a member of the SBOE during the no-contact period.(k) An applicant or any person or entity acting on behalf of an applicant for an open-enrollment charter shall not knowingly communicate with any member of the SBOE beginning on the date the application is submitted and ending on the date the applicant passes through an external review with a qualifying score. On finding a material violation of the no-contact period, the commissioner may reject the application and deem it ineligible for award. This paragraph does not apply to a charter the commissioner authorizes under TEC, Chapter 12, Subchapter E and Subchapter G.(l) The commissioner shall notify the SBOE of each charter the commissioner proposes to authorize. A charter proposed by the commissioner will be granted on the 90th day after the date on which the SBOE receives the notice from the commissioner unless either of the conditions in the following paragraphs are met. This paragraph does not apply to a charter the commissioner authorizes under TEC, Chapter 12, Subchapters E and G. (1) The SBOE votes against the charter in accordance with TEC, §12.101(b-0).(2) The commissioner withdraws the proposal.(m) The commissioner may defer granting an open-enrollment charter subject to contingencies and shall require fulfillment of such contingencies before the charter school is issued a contract. Such conditions must be fulfilled by the awardee, as determined by the commissioner, no later than 60 days after the date of the notification of contingencies by the commissioner or the proposal of the charter is withdrawn. The commissioner may establish timelines for submission by the awardee of any documentation to be considered by the commissioner in determining whether contingencies have been met.(n) The commissioner may decline to finally grant or award a charter based on misrepresentations during the application process or failure to comply with commissioner rules, application requirements, or SBOE rules.(o) An open-enrollment charter shall be in the form and substance of a written contract signed by the commissioner, the board chair of the charter holder or charter school, and the chief operating officer of the school but is not a contract for goods or services within the meaning of Texas Government Code, Chapter 2260. The chief operating officer of the school shall mean the chief executive officer of the open-enrollment charter holder under TEC, §12.1012.(p) The charter contract shall be for an initial term of five years beginning on July 1 following the execution of the initial contract or July 1 following an approved extension under subsection (q) of this section.(q) The charter must open and serve students within one school year of the awarding of the charter contract, unless an extension is approved by the commissioner. Failure to operate by the approved extension date shall constitute an automatic abandonment of the charter contract and the charter is automatically considered void and returned to the commissioner.19 Tex. Admin. Code § 100.1011
Adopted by Texas Register, Volume 49, Number 39, September 27, 2024, TexReg 7872, eff. 10/2/2024