Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,880
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(i) [()] The SBOE may grant an open-enrollment charter sub-
ject to additional conditions [net contained in the application] and shall
[may] require fulfillment of such conditions before the charter school is
issued a contract [permitted to operate]. Such conditions must be ful-
filled by the awardee, as determined by the commissioner, no later than
six months after the date of the award by the SBOE, or the authoriza-
tion for charter is null and void with no additional action required by
the SBOE. The commissioner may establish timelines for submission
by the awardee of any documentation to be considered by the commis-
sioner in determining whether a condition has been met.
(j) [(k)] An open-enrollment charter shall be in the form and
substance of a written contract signed by the chair of the SBOE, the
chair of the charter holder, 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
[open enrollment] charter holder under TEC, 12.1012.
100.101. Annual Report on Open-Enrollment Charter Governance.
(a) No later than November 1 of each year, each open-enroll-
ment charter holder shall file under 100.1013 of this title (relating to
Filing of Documents), the following information on a charter school
governance reporting form approved by the State Board of Education:
(1) identifying information for and compensation of each
officer and member of the governing body of the open-enrollment char-
(2) identifying information for and compensation of each
officer of the charter school;
(3) identifying information for and compensation of each
member of the governing body of the charter school, if the charter
holder has established a governing body for the charter school; and
(4) identifying information for and compensation of all
[about] family members, within the third degree of consanguinity
or affinity, of each board member and each school officer [serving
together on boards or as administrators].
(b) The identifying information required for an individual un-
der subsection (a) of this section may include facsimile numbers and
electronic mail addresses and shall include:
(1) the title of each position held or function performed by
(2) the specific powers and duties that the governing body
of the charter holder or charter school have delegated to the individual,
as described by the powers and duties listed in the charter;
(3) the legal name of the individual;
(4) any aliases or names formerly used by the individual,
including maiden name;
(5) a mailing address for the individual, if an officer; and
the street address of the individual's primary residence, if a governing
body member; and
(6) telephone numbers for the individual.
(c) The compensation information required for an individual
under subsection (a) of this section shall include all compensation, re-
muneration, and benefits received by the individual in any capacity
from the charter holder or the charter school, or from any contractor or
management company doing business with the charter holder or charter
school. The compensation reported shall include without limitation:
(1) all salary, bonuses, benefits, or other compensation re-
ceived pursuant to an employment relationship;
(2) all compensation received for goods or services under
contract, agreement, informal arrangement, or otherwise;
(3) all payment of or reimbursement for personal expenses;
(4) all credit extended to the individual by the charter
holder or charter school;
(5) the fair market value of all personal use of property paid
for by the charter holder or charter school;
(6) the fair market value of all in-kind transfers of property;
(7) all compensation for goods or services provided to the
charter holder through transactions unrelated to the charter school; and
(8) all other forms of compensation or remuneration re-
ceived by the individual from the charter holder or charter school.
(d) No later than November 1 of each year, each open-enroll-
ment charter holder shall file under 100.1013 of this title [(relating to
Filing of Documents)]:
(1) a copy of its articles of incorporation and bylaws, or
comparable documents if the charter holder does not have articles of
incorporation or bylaws; or
(2) if a copy of its articles of incorporation and bylaws or
comparable documents is already on file under this subsection, a copy
of any amendments or changes thereto.
100.105. Application to Public Senior College or University Char-
ters and Public Junior College Charters.
The following provisions of the rules in this subchapter apply as in-
dicated in this section to a public senior college or university charter
school or a public junior college charter school as though the public
senior college or university charter school or the public junior col-
lege charter school were granted a charter under Texas Education Code
[iT~)], Chapter 12, Subchapter D (Open-Enrollment Charter School).
(1) Section 100.1 (a) of this title (relating to Application and
Selection Procedures and Criteria) applies, except that the State Board
of Education (SBOE) may adopt a separate application form for appli-
cants seeking a charter to operate a public senior college or university
charter school or a public junior college charter school, which need not
be similar to the application form adopted under that subsection for
other charter applicants. The SBOE may adopt or amend this separate
application form without regard to the selection cycle referenced in that
(2) Section 100.1(c), (g)(1)-(5) and (8), (i), and (i) of this
title [(g))-(4) #,f and (k)] apply.
(3) Except as provided in this section, this subchapter does
not apply to a public senior college or university charter school or a
public junior college charter school.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 16, 2012.
Cristina De La Fuente-Valadez
Texas Education Agency
Earliest possible date of adoption: September 30, 2012
For further information, please call: (512) 475-1497
37 TexReg 6880 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth253227/m1/62/: accessed November 21, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.