19 TAC §§100.1102 - 100.1108
The new sections are proposed under Texas Education Code, §12.123,
which authorizes the commissioner to adopt rules prescribing training for
members of charter holder governing bodies, members of charter school governing
bodies, and officers of charter schools.
The new sections implement Texas Education Code, §12.123.
§100.1102.Training for Members of Governing Bodies of Charter Holder and School.
(a)
Training required. Unless exempted under subsection (g)
of this section, a member of the governing body of a charter holder or a member
of the governing body of a charter school must complete a training course
consisting of 12 instructional hours, excluding breaks, administrative tasks,
and other non-instructional time, delivered by a course provider registered
under §100.1107 of this title (relating to Course Providers). The training
course may not use self- instructional materials.
(b)
Timeline for completing training. Except as provided in
subsection (c) of this section, a member of the governing body of a charter
holder or a member of the governing body of a charter school must complete
the training course required by this section within one calendar year of appointment
or election to such governing body.
(c)
Transition timeline. A member serving on the governing
body of a charter holder or the governing body of a charter school on the
effective date of this section must complete at least the first six hours
of the training course required by this section within six months of the effective
date of the curriculum outline approved under subsection (e) of this section,
and must complete the remaining six hours of such training within one year
of the effective date of the approved curriculum outline. Training completed
prior to the effective date of this section and after September 1, 2001, may
be counted toward the first six hours of the training course required by this
section if it meets the requirements of the curriculum outline approved under
subsection (e).
(d)
Course content. The training course required by this section
shall include the following modules:
(1)
a module consisting of at least 150 minutes of instruction
in basic school law, with special emphasis on corporate director duties and
liabilities, non-delegable duties, nepotism, conflicts of interest, management
companies, and the legal requirements specific to members of the governing
body of a charter holder;
(2)
a module consisting of at least 60 minutes of instruction
in basic school finance, with special emphasis on accounting for public funds
and property, student attendance accounting, federal funds and property management,
grant administration, audit requirements, and the financial duties specific
to the members of the governing body of a charter holder;
(3)
a module consisting of at least 30 minutes of instruction
in health and safety issues, with special emphasis on health and safety codes,
ordinances, and other laws applicable to operating a Texas public school;
student discipline; and safe schools;
(4)
a module consisting of at least 110 minutes of instruction
in accountability requirements related to the use of public funds, with special
emphasis on the duties and liabilities of a trustee under Texas law, the shared
use of real property for charter and non-charter business, bank depository
contracts, capital financing, incidental use of public property by charter
holder personnel, and recovery by the commissioner of education of the public
property held by a former charter holder;
(5)
a module consisting of at least 60 minutes of instruction
in other requirements relating to accountability to the public, with special
emphasis on the administration of statewide assessments, Public Education
Information Management System (PEIMS) reporting, dropout reporting, statewide
standards for acceptable student performance, charter- specific standards
for acceptable student performance, accountability sanctions under Texas Education
Code (TEC), §39.131, and the role of student performance in adverse actions
under TEC, §12.116 and §12.1162;
(6)
a module consisting of at least 60 minutes of instruction
in open meetings requirements under Government Code, Chapter 551, with special
emphasis on posting the agenda, executive sessions, accessibility of the meeting
location to the public, employee board members, and civil and criminal sanctions;
and
(7)
a module consisting of at least 60 minutes of instruction
in requirements relating to public records, with special emphasis on the Public
Information Act, the Records Retention Act, confidential student records,
records in the possession of a management company, and other duties respecting
public records.
(e)
Required course curriculum outline. The commissioner shall
approve and disseminate a curriculum outline that is consistent with the module
topics and minimum durations identified in subsection (d) of this section.
Training that does not conform to the curriculum outline does not satisfy
the training requirements of this section. The entire duration of the training
course must be dedicated to topics identified in the curriculum outline. The
curriculum outline will be available on the Texas Education Agency (TEA) website.
The process for the development and/or revision of a curriculum outline under
this section must include an opportunity for stakeholder comment.
(f)
Continuing training. A member serving on the governing
body of a charter holder or the governing body of a charter school who has
completed the 12-hour training course required by this section must annually
thereafter receive six hours of training, excluding breaks, administrative
tasks, and other non-instructional time, delivered by a course provider registered
under §100.1107 of this title. Continuing training under this subsection
shall fulfill assessed training needs, including any training needs identified
by TEA monitoring, and address update items identified in the curriculum outline
approved under subsection (e) as well as additional topics selected from the
curriculum outline. Selected topics must be covered in greater depth than
the curriculum outline indicates for initial training on those topics. No
more than one hour of continuing training may use self- instructional materials.
(g)
Exemptions. A member of the governing body of a charter
holder who serves on the governing body of a governmental entity or an institution
of higher education as defined under TEC, §61.003, is exempt from the
training required by this section if, by virtue of such service, the member
is subject to other mandatory training and the members of the governing body
of the charter school operated by the charter holder comply with this section.
§100.1103.Training for Chief Executive and Central Administrative Officers.
(a)
Training required. Unless exempted under subsection (g)
of this section, a chief executive officer or a central administrative officer,
including persons providing management services that include the functions
of a chief executive officer or central administrative officer, must complete
a training course consisting of 30 instructional hours, excluding breaks,
administrative tasks, and other non- instructional time, delivered by a course
provider registered under §100.1107 of this title (relating to Course
Providers). The training course may not use self-instructional materials.
(b)
Timeline for completing training. Except as provided in
subsection (c) of this section, a chief executive officer or a central administrative
officer must complete the training course required by this section within
one calendar year of beginning service in that capacity.
(c)
Transition timeline. A person serving as a chief executive
officer or central administrative officer on the effective date of this section
must complete at least the first 15 hours of the training course required
by this section within six months of the effective date of the curriculum
outline approved under subsection (e) of this section, and must complete the
remaining 15 hours of such training within one year of the effective date
of the approved curriculum outline. Training completed prior to the effective
date of this section and after September 1, 2001, may be counted toward the
first 15 hours of the training course required by this section if it meets
the requirements of the curriculum outline approved under subsection (e).
(d)
Course content. The training course required by this section
shall include the following modules:
(1)
a module consisting of at least 240 minutes of instruction
in school law, with special emphasis on TEC, Chapter 12, Subchapter D, and
this subchapter;
(2)
a module consisting of at least 200 minutes of instruction
in school finance, with special emphasis on accounting for public funds and
property, student attendance accounting, federal funds and property management,
grant administration, audit requirements, and capital financing;
(3)
a module consisting of at least 120 minutes of instruction
in health and safety issues, with special emphasis on health and safety codes,
ordinances, and other laws applicable to operating a Texas public school;
student discipline; and safe schools;
(4)
a module consisting of at least 240 minutes of instruction
in accountability requirements related to the use of public funds, with special
emphasis on the duties and liabilities of a trustee under Texas law, the shared
use of real property for charter and non-charter business, bank depository
contracts, capital financing, incidental use of public property by charter
holder personnel, and recovery by the commissioner of education of the public
property held by a former charter holder;
(5)
a module consisting of at least 240 minutes of instruction
in other requirements relating to accountability to the public, with special
emphasis on the administration of statewide assessments, PEIMS reporting,
dropout reporting, statewide standards for acceptable student performance,
charter-specific standards for acceptable student performance, accountability
sanctions under TEC, §39.131, and the role of student performance in
adverse actions under TEC, §12.116 and §12.1162;
(6)
a module consisting of at least 60 minutes of instruction
in open meetings requirements under Government Code, Chapter 551, with special
emphasis on posting the agenda, executive sessions, accessibility of the meeting
location to the public, employee board members, and civil and criminal sanctions;
and
(7)
a module consisting of at least 140 minutes of instruction
in requirements relating to public records, with special emphasis on the Public
Information Act, the Records Retention Act, confidential student records,
records in the possession of a management company, and other duties respecting
public records.
(e)
Required course curriculum outline. The commissioner shall
approve and disseminate a curriculum outline that is consistent with the module
topics and minimum durations identified in subsection (d) of this section.
Training that does not conform to the curriculum outline does not satisfy
the training requirements of this section. The entire duration of the training
course must be dedicated to topics identified in the curriculum outline. The
curriculum outline will be available on the Texas Education Agency (TEA) website.
The process for the development and/or revision of a curriculum outline under
this section must include an opportunity for stakeholder comment.
(f)
Continuing training. A chief executive officer or a central
administrative officer who has completed the 30-hour training course required
by this section must annually thereafter receive 15 hours of training, excluding
breaks, administrative tasks, and other non-instructional time, delivered
by a course provider registered under §100.1107 of this title. Continuing
training under this subsection shall fulfill assessed training needs, including
any training needs identified by TEA monitoring, and address update items
identified in the curriculum outline approved under subsection (e) as well
as additional topics selected from the curriculum outline. Selected topics
must be covered in greater depth than the curriculum outline indicates for
initial training on those topics. No more than three hours of continuing training
may use self-instructional materials.
(g)
Exemptions. A central administrative officer is exempt
from the training required by this section if the person is the holder in
good standing of a Standard Superintendent Certificate issued by the State
Board for Educator Certification and all other officers of the charter school
comply with this division.
§100.1104.Training for Campus Administrative Officers.
(a)
Training required. Unless exempted under subsection (g)
of this section, a campus administrative officer, including persons providing
management services that include the functions of a campus administrative
officer, must complete a training course consisting of 10 instructional hours,
excluding breaks, administrative tasks, and other non-instructional time,
delivered by a course provider registered under §100.1107 of this title
(relating to Course Providers). The training course may not use self-instructional
materials.
(b)
Timeline for completing training. Except as provided in
subsection (c) of this section, a campus administrative officer must complete
the training course required by this section within one calendar year of beginning
service in that capacity.
(c)
Transition timeline. A person serving as a campus administrative
officer on the effective date of this section must complete at least the first
five hours of the training course required by this section within six months
of the effective date of the curriculum outline approved under subsection
(e) of this section, and must complete the remaining five hours of such training
within one year of the effective date of the approved curriculum outline.
Training completed prior to the effective date of this section and after September
1, 2001, may be counted toward the first five hours of the training course
required by this section if it meets the requirements of the curriculum outline
approved under subsection (e).
(d)
Course content. The training course required by this section
shall include the following modules:
(1)
a module consisting of at least 80 minutes of instruction
in school law, with special emphasis on TEC, Chapter 12, Subchapter D; this
subchapter; students with disabilities; student records; student admissions;
geographic boundaries; and residency;
(2)
a module consisting of at least 40 minutes of instruction
in school finance, with special emphasis on student attendance accounting,
federal funds and property management, and grant administration;
(3)
a module consisting of at least 80 minutes of instruction
in health and safety issues, with special emphasis on health and safety codes,
ordinances, and other laws applicable to operating a Texas public school;
student discipline; and safe schools;
(4)
a module consisting of at least 20 minutes of instruction
in accountability requirements related to the use of public funds, with special
emphasis on incidental use of public property by charter holder personnel;
(5)
a module consisting of at least 120 minutes of instruction
in other requirements relating to accountability to the public, with special
emphasis on the administration of statewide assessments, PEIMS reporting,
and dropout reporting;
(6)
a module consisting of at least 20 minutes of instruction
in open meetings requirements under Government Code, Chapter 551, with special
emphasis on employee board members; and
(7)
a module consisting of at least 40 minutes of instruction
in requirements relating to public records, with special emphasis on confidential
student records.
(e)
Required course curriculum outline. The commissioner of
education shall approve and disseminate a curriculum outline that is consistent
with the module topics and minimum durations identified in subsection (d)
of this section. Training that does not conform to the curriculum outline
does not satisfy the training requirements of this section. The entire duration
of the training course must be dedicated to topics identified in the curriculum
outline. The curriculum outline will be available on the Texas Education Agency
(TEA) website. The process for the development and/or revision of a curriculum
outline under this section must include an opportunity for stakeholder comment.
(f)
Continuing training. A campus administrative officer who
has completed the 10-hour training course required by this section must annually
thereafter receive five hours of training, excluding breaks, administrative
tasks, and other non-instructional time, delivered by a course provider registered
under §100.1107 of this title. Continuing training under this subsection
shall fulfill assessed training needs, including any training needs identified
by TEA monitoring, and address update items identified in the curriculum outline
approved under subsection (e) as well as additional topics selected from the
curriculum outline. Selected topics must be covered in greater depth than
the curriculum outline indicates for initial training on those topics. No
more than 30 minutes of continuing training may use self-instructional materials.
(g)
Exemptions. A campus administrative officer is exempt from
the training required by this section if the person is the holder in good
standing of a Standard Principal Certificate issued by the State Board for
Educator Certification, and all other officers of the charter school comply
with this division.
§100.1105.Training for Business Managers.
(a)
Training required. Unless exempted under subsection (g)
of this section, a business manager, including persons providing management
services that include the functions of a business manager, must complete a
training course consisting of 30 instructional hours, excluding breaks, administrative
tasks, and other non-instructional time, delivered by a course provider registered
under §100.1107 of this title (relating to Course Providers). The training
course may not use self-instructional materials.
(b)
Timeline for completing training. Except as provided in
subsection (c) of this section, a business manager must complete the training
course required by this section within one calendar year of beginning service
in that capacity.
(c)
Transition timeline. A person serving as a business manager
on the effective date of this section must complete at least the first 15
hours of the training course required by this section within six months of
the effective date of the curriculum outline approved under subsection (e)
of this section, and must complete the remaining 15 hours of such training
within one year of the effective date of the approved curriculum outline.
Training completed prior to the effective date of this section and after September
1, 2001, may be counted toward the first 15 hours of the training course required
by this section if it meets the requirements of the curriculum outline approved
under subsection (e).
(d)
Course content. The training course required by this section
shall include the following modules:
(1)
a module consisting of at least 240 minutes of instruction
in school law, with special emphasis on TEC, Chapter 12, Subchapter D; this
subchapter; and the Financial Accountability System Resource Guide;
(2)
a module consisting of at least 480 minutes of instruction
in school finance, with special emphasis on the Financial Accountability System
Resource Guide, generally accepted accounting principles, student attendance
accounting, federal funds and property management, purchasing, grant administration,
audit requirements, and capital financing;
(3)
a module consisting of at least 20 minutes of instruction
in health and safety issues, with special emphasis on health and safety codes,
ordinances, and other laws applicable to operating a Texas public school;
(4)
a module consisting of at least 240 minutes of instruction
in accountability requirements related to the use of public funds, with special
emphasis on the duties and liabilities of a trustee under Texas law, the shared
use of real property for charter and non-charter business, bank depository
contracts, capital financing, incidental use of public property by charter
holder personnel, and recovery by the commissioner of education of the public
property held by a former charter holder;
(5)
a module consisting of at least 160 minutes of instruction
in other requirements relating to accountability to the public, with special
emphasis on PEIMS reporting, internal management controls, and audit requirements;
(6)
a module consisting of at least 20 minutes of instruction
in open meetings requirements under Government Code, Chapter 551, with special
emphasis on adopting and amending the budget; and
(7)
a module consisting of at least 40 minutes of instruction
in requirements relating to public records, with special emphasis on recordkeeping
required by generally accepted accounting principles and applicable law.
(e)
Required course curriculum outline. The commissioner shall
approve and disseminate a curriculum outline that is consistent with the module
topics and minimum durations identified in subsection (d) of this section.
Training that does not conform to the curriculum outline does not satisfy
the training requirements of this section. The entire duration of the training
course must be dedicated to topics identified in the curriculum outline. The
curriculum outline will be available on the Texas Education Agency (TEA) website.
The process for the development and/or revision of a curriculum outline under
this section must include an opportunity for stakeholder comment.
(f)
Continuing training. A business manager who has completed
the 30-hour training course required by this section must annually thereafter
receive 15 hours of training, excluding breaks, administrative tasks, and
other non-instructional time, delivered by a course provider registered under §100.1107
of this title. Continuing training under this subsection shall fulfill assessed
training needs, including any training needs identified by TEA monitoring,
and address update items identified in the curriculum outline approved under
subsection (e) as well as additional topics selected from the curriculum outline.
Selected topics must be covered in greater depth than the curriculum outline
indicates for initial training on those topics. No more than three hours of
continuing training may use self-instructional materials.
(g)
Exemptions.
(1)
A business manager is exempt from the training required
by this section if the person is the holder in good standing of one or more
of the following credentials issued by the Texas Association of School Business
Officials, and if all other officers of the charter school comply with this
division:
(A)
Registered Texas School Business Administrator;
(B)
Certified Texas School Business Official;
(C)
Certified Texas School Business Specialist; or
(D)
Certified Texas School Business Administrator; and
(2)
A business manager is exempt from a module of required
training, if:
(A)
the business manager is a certified public accountant (CPA)
registered in good standing with the Texas State Board of Public Accountancy;
and
(B)
the subject matter of the module of required training is
covered by the Uniform CPA Examination administered by the Texas State Board
of Public Accountancy.
§100.1106.Exemption for Participation in a Shared Services Cooperative.
(a)
An officer of a charter school is exempt from a module
of required training on a specific duty or responsibility, if:
(1)
the charter holder is a member of a shared services cooperative;
(2)
the written contract establishing the cooperative assigns
to the cooperative the specific duty or responsibility, and assigns to the
cooperative the requirement to complete that module of training, by:
(A)
insuring that all relevant employees attend that module
of required training and receive a certificate of course completion for that
module from a regional education service center or course provider registered
under §100.1107 of this title (relating to Course Providers); or
(B)
if the cooperative is a registered course provider, insuring
that all relevant employees attend that module of training and receive a certificate
of course completion for that module from the cooperative; and
(3)
all relevant employees of the cooperative actually attend
that module of training and receive a certificate of course completion for
that module.
(b)
Nothing in this section affects an exemption available
by virtue of another section in this division.
§100.1107.Course Providers.
(a)
Authorized course providers. Training under this division
must be provided by a regional education service center (RESC) or by a course
provider registered with the commissioner of education under this section.
Training provided by a course provider that is not registered under this section
at the time of training does not satisfy training requirements specified in
this division. The fee for a course or module of training shall be determined
by the RESC or registered course provider.
(b)
Application for registration; qualifications. An applicant
for course provider registration must file with the commissioner documents
and information demonstrating a history of training experience and subject-matter
expertise in each area covered by a training course required by this division.
(1)
The course provider may apply to be registered as a course
provider for one or more training courses, and may submit documents and information
about more than one instructor. However, each instructor must be under contract
to teach the course or module for the applicable period of registration.
(2)
The course provider is not registered under this section
until it receives written notice of registration under this section.
(c)
Compliance with training rules. A registered course provider
that fails to comply with §§100.1102-100.1107 of this division will
not be registered in any subsequent year. A person who completes a training
course that does not comply with §§100.1102-100.1105 and curriculum
outlines approved thereunder has not satisfied the requirements for continued
service.
(d)
Annual registration; no renewal. Initial registration under
this section is effective for 18 months. Thereafter, re-registration may be
for a period of up to three years. Re-registration is by original application
under this section, except that the process for re-registration of a registered
course provider must include an opportunity for stakeholder comment on that
course provider's performance. A successful application for registration in
a prior registration period confers no right or expectation that the commissioner
will grant an application for registration in a subsequent year.
§100.1108.Record of Compliance and Disclosure of Non-compliance.
Record of compliance; non-compliance.
(1)
Record of compliance. It is the obligation of the charter
holder to comply with this section, including compliance with §§100.1102-100.1105
of this division by each a member of the governing body of the charter holder,
each member of any governing body of a charter school operated by the charter
holder, and each chief executive officer, central administrative officer,
campus administrative officer, and business manager of any charter school
operated by the charter holder. The charter holder shall document its compliance
with §§100.1102-100.1105 and this section.
(2)
Continued service. A person may not continue to serve as
a member of the governing body of a charter holder, as a member of the governing
body of a charter school, or as an officer of a charter school, unless the
person is in compliance with §§100.1102- 100.1105 and this section.
(3)
Audit disclosure. A charter holder shall separately disclose,
in its annual audit report required by §100.1047(c) of this title (relating
to Accounting for State Funds), any member of the governing body of the charter
holder or a charter school, and any officer of a charter school, who fails
to comply with §§100.1102-100.1105 and this section and who continues
to serve in such capacity as of the date of the audit report.
(4)
Material charter violation. Failure to comply with §§100.1102-100.1105
and this section is a material charter violation that may be considered by
the commissioner in any action or intervention under Division 2 of this subchapter
(relating to Commissioner Action and Intervention).
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed
with the Office of the Secretary of State on March 12, 2003.
TRD-200301712
Cristina De La Fuente-Valadez
Manager, Policy Planning
Texas Education Agency
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 463-9701