SPECIAL PROGRAMS: ELEMENTARY AND SECONDARY STUDENTS

Junior College

Charter Schools

In accordance with Education Code Chapter 12, Subchapter E, the commissioner of education may grant a charter upon application of

a public junior college for an open-enrollment charter school to operate on the campus of the public junior college or in the same

county in which the campus of the public junior college is located. Notwithstanding Education Code 12.110(d), the commissioner of

education may grant such a charter to the public junior college only if the following criteria are satisfied in the public junior college's application, as determined by the commissioner of education:

1. The junior college charter school's educational program must be implemented under the direct supervision of a member of the faculty of the public junior college.

2. The faculty member supervising the junior college charter school's educational program must have substantial experience and expertise in teacher education, classroom instruction, or educational administration.

3. The junior college charter school's educational program must be designed to meet specific goals described in the charter,

such as dropout recovery, and each aspect of the program must be directed toward the attainment of the goals.

4. The attainment of the junior college charter school's educational program goals must be measured using specific, objective standards set forth in the charter, including assessment methods and a time frame.

5. The financial operations of the junior college charter school must be supervised by the business office of the junior college.

Education Code 12.152, .154(b)

The name of a junior college charter school must include the name of the junior college operating the school. Education Code 12.155

Applicable Laws

Education Code Chapter 12, Subchapter D, applies to a junior college charter school as though this school were granted a charter

under Subchapter D.

Except as expressly provided in 19 Administrative Code Chapter 100, Subchapter AA, or where required by Education Code Chapter 12, Subchapter E, a provision of the rules in 19 Administrative Code Chapter 100, Subchapter AA, applies to a junior college charter school as though the junior college charter school were granted a charter under Education Code Chapter 12, Subchapter D.

Administrative Code Title 19, 100.1011(b), relating to application requirements and selection process, applies, except that the commissioner of education may adopt a separate application form for applicants seeking a charter to operate a public junior college charter school, which need not be similar to the application form adopted under Section 100.1011(b) for other charter applicants.

The commissioner of education may approve or amend this separate application form without regard to the selection cycle referenced in Section 100.1011(b).

Section 100.1011(b), (c), (e), (g), (h), (j) and (m)-(q) apply unless provided otherwise in the charter contract.

Education Code 12.156(a); 19 TAC 100.1021(a)-(c)

Exceptions

The following provisions do not apply to a public junior college charter school:

1. Administrative Code Title 19, 100.1035(d) and 100.1113, relating to charter amendment and delegation of powers and duties, except as authorized in the charter contract upon written request of the governing body of the junior college;

2. Administrative Code Title 19, 100.1127, relating to record of compliance and disclosure of non-compliance;

3. Administrative Code Title 19, 100.1101, relating to improvements to real property;

4. Administrative Code Title 19, 100.1131-100.1141, relating to applicability of nepotism provisions, exception for acceptable performance, general nepotism provisions, relationships by consanguinity or by affinity, nepotism prohibitions, nepotism

exceptions, and enforcement of nepotism prohibitions;

5. Administrative Code Title 19, 100.1145 and 100.1147, relating to general conflict of interest provisions and conflicts requiring

affidavit and abstention from voting;

6. Administrative Code Title 19, 100.1203(a), relating to records management; and

7. Administrative Code Title 19, 100.1205, relating to procurement of professional services.

19 TAC 100.1021(d)

Open-Enrollment

Charter Schools

In accordance with Education Code Chapter 12, Subchapter D, the commissioner of education may grant a charter on the application

of an eligible entity, including a college district or other institution of higher education, for an open-enrollment charter school to operate in a facility of a commercial or nonprofit entity, an eligible entity, or a school district, including a home-rule school district. Education Code 12.101(a); 19 TAC Ch. 100, Subch. A, AA

Education Savings

Account Program

The comptroller shall by rule establish a process for the preapproval of education service providers and vendors of educational

products for participation in the education savings account program. The comptroller shall allow for the submission of applications

on a rolling basis.

The comptroller shall approve a higher education provider, including a college district, as an education service provider or vendor of

educational products for participation in the program if the higher education provider demonstrates nationally recognized postsecondary accreditation.

Education Code 29.351(4), .358(b)(5)

Approved

Education-Related

Expenses

Subject to Education Code 29.351(b), a participating parent may request that program money be spent for the following education related expenses incurred by a participating child at a preapproved education service provider or vendor of educational products:

1. Tuition and fees for a higher education provider, an online educational course or program, or a program that provides training

for an industry-based credential approved by TEA;

2. The purchase of textbooks or other instructional materials or uniforms required by a higher education provider, or course in which the child is enrolled, including purchases made through a third-party vendor of educational products;

3. Costs related to academic assessments;

4. Fees for transportation provided by a fee-for-service transportation provider for the child to travel to and from a preapproved

education service provider or vendor of educational products; and

5. Costs of computer hardware or software and other technological devices required by an education service provider or vendor

of educational products or prescribed by a physician to facilitate a child's education, not to exceed in any year 10

percent of the total amount transferred to the participating child's account that year.

Education Code 29.359(a)

Note: For provisions regarding instructional partnerships with public school districts, including the provision of dual

credit, see policy GH.