ELA(LEGAL) - CAMPUS OR PROGRAM CHARTERS: PARTNERSHIP CHARTERS

Note: The following provisions address requirements for a charter partnership to receive the benefits of Education Code 11.174 and 48.252. For the general campus charter requirements applicable to partnership charters, see EL(LEGAL).

Contract Regarding Operation of District Campus

  1. The charter of the open-enrollment charter school has not been previously revoked;
  2. For the three school years preceding the school year of the proposed operation of the campus, the open-enrollment charter school has received:
    1. An overall performance rating of acceptable or higher; and
    2. A financial accountability rating indicating financial performance of satisfactory or higher; or
  3. The entity considered for a district-authorized charter has not previously operated an open-enrollment charter school in which the charter expired or was revoked or surrendered.

Intervention Pause

Applicability

Appeal

Partial Year

Additional Exemption

Funding for Certain Students

Consultation with Campus Personnel

Notice to Commissioner

Enrollment Eligibility

  1. Other students residing in the school district in which the campus is located; and
  2. Students who reside outside the school district.

Operating Partner

Conferred Authority

Staffing Authorities
  1. The operating partner must have authority to employ and manage the campus chief operating officer, including the initial and final non-delegable authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment, and establish any other terms of employment.
  2. The operating partner must have authority over the employees of the operating partner, including initial and final non-delegable authority for the operating partner to employ and/or manage all of the operating partner's own administrators, educators, contractors, or other staff. Such authority includes the authority to hire, supervise, manage, assign, evaluate, develop, advance, compensate, continue employment and establish any other terms of employment.
  3. The operating partner must have sole authority over the assignment of all district employees to the campus, including initial and final authority to approve the assignment of all district employees or contractors to the campus.
  4. The operating partner must have initial, final, and sole authority to supervise, manage, evaluate, and rescind the assignment of any district employee or district contractor from the campus. If the operating partner rescinds the assignment of any district employee or district contractor, the district must grant the request within 20 working days.
  5. The operating partner must directly manage the campus principal or chief operating officer, including having the sole responsibility for evaluating the performance of the campus principal or chief operating officer.

Other Authorities

  1. Initial, final, and sole authority to approve all curriculum decisions beyond the minimum requirements outlined in 19 Administrative Code 74.2 and 74.3 (required elementary and secondary curriculum), lesson plans, instructional strategies, and instructional materials as defined by law, to be used at that campus;
  2. Initial, final, and sole authority over educational programs for specific, identified student groups, such as gifted and talented students, students of limited English proficiency, students at risk of dropping out of school, special education students, and other statutorily defined populations;
  3. Initial, final, and sole authority to set the school calendar and daily schedule, which may differ from those in other district campuses;
  4. Initial, final, and sole authority to select and determine the use of any and all assessments to be used on the campus that are not required by the state of Texas;
  5. Initial, final, and sole authority to determine how the entire campus budget, including any and all federal and state grant funds due the campus, is allocated. The governing body of the operating partner shall approve the campus budget in a meeting held under the Texas Open Meetings Act [see BE]. Notwithstanding such budget authority, the operating partner's expenditures must comply with the applicable restrictions on the use of state and federal funds; and
  6. Initial, final, and sole authority to implement and adjust the campus budget.

Performance Contract

  1. A clear and unambiguous description of enhanced authorities as outlined above;
  2. Academic performance expectations and goals, which shall include, but are not limited to;
    1. For campuses that are paired for accountability purposes, specific annual targets for improved student academic performance;
    2. For campuses issued an accountability rating under Education Code 39.054, a specific annual target for the overall campus academic rating; and
    3. Specific consequences in the event that the operating party does not meet the academic performance expectations and goals described in the performance contract;
  3. Annual financial performance expectations and goals, which shall include, but are not limited to:
    1. The completion of an annual independent financial report, including an audit, of the operating partner organization, limited to matters directly related to the management or operation of the campus or campuses;
    2. Receipt of an unqualified audit opinion, in connection with the annual financial report required above; and
    3. Specific consequences in the event that the operating partner does not meet the annual financial performance expectations and goals described in the performance contract;
  4. A description of the campus enrollment and expulsion policies that must comply with Education Code 11.174(i);
  5. A contract term of up to ten years as required by Education Code 12.0531, with a provision(s) specifying a requirement for a public hearing at least 30 days prior to any district action to terminate or extend if required by 19 Administrative Code 97.1075(d)(5);
  6. A contract term stating that the campus is exempt from laws and rules to the fullest extent allowed by the Education Code, Chapter 12, Subchapter C, and is exempt from all district policies except for laws, rules, and policies that are specifically identified as applicable to the campus in the performance contract;
  7. A section that describes the funding structure of the partnership as required by 19 Administrative Code 97.1075(d)(7);
  8. Service-level agreements that list the resources and services the operating partner intends to purchase from the district and the specific costs of such services by pupil, square foot, campus, or the percentage of the total district budget for the specific resource or service. The resources and services may include:
    1. Facility use and related matters;
    2. Transportation;
    3. Specific education program services, such as providing special education services; and
    4. Access to other resources and services as agreed between the parties;
  9. A section that describes the educational plan or academic model that the operating partner will implement on the campus or campuses;
  10. An assurance that the district has consulted with campus personnel regarding the provisions included in the performance contract and that the rights and protections afforded by current employment contracts or agreements shall not be affected by this contract as required by Education Code 11.174(c), unless the district is partnering with an entity described in Education Code 11.174(a)(2); and
  11. A description of the specific and material consequence(s) in the instance that either the district or the operating partner breaches the contract.

TEA Monitoring

Entity Granted a Charter by the District

Definitions

Eligible Entity

Campus

Applicant

Proposed Operating Partner

Eligibility Approval Process

Public Information

Criteria for Approval

Appeals

Hempstead ISD

ELA(LEGAL)-P

UPDATE 115

DATE ISSUED: 7/1/2020