(a) By January 1 of the school year for which alternative
management of a campus is ordered under §97.1065 of this title
(relating to Repurposing, Alternative Management, or Campus Closure),
the school district shall:
(1) execute a contract in compliance with this section;
(2) relinquish control over the campus to a service
provider approved under §97.1069 of this title (relating to Providers
of Alternative Campus Management).
(b) A contract under this section must be executed
by the district and the service provider and must:
(1) relinquish all authority to perform the duties
and responsibilities of a principal under Texas Education Code (TEC), §11.202(b)(1)-(6),
with respect to the campus;
(2) comply with TEC, §39.107(m)-(o); this section;
and the requirements and performance measures established by the Texas
Education Agency (TEA) under §97.1069 of this title;
(3) provide for the creation, maintenance, retention,
and transfer of all public records concerning the campus;
(4) include provisions governing liability for damages,
costs, and other penalties for acts or omissions by the service provider,
including failure to comply with federal or state laws;
(5) provide for termination of the contract if:
(A) the campus is assigned an acceptable or higher
performance rating under the state academic accountability system
for two consecutive school years; or
(B) the commissioner of education orders campus closure
under §97.1065(f) or (g) of this title;
(6) specify additional roles or responsibilities assumed
by the service provider, if any;
(7) be approved by written resolution of the district's
board of trustees; and
(8) be approved in writing by the commissioner.
(c) The service provider may perform the duties and
responsibilities of a principal, and in addition may make requests
and recommendations to the district concerning all aspects of campus
administration, including personnel and budget decisions.
(1) If a request is denied or a recommendation is not
implemented by the district, the service provider shall report to
the TEA both its request or recommendation and the district's action
(2) The commissioner may implement additional sanctions
under this subchapter and consider such reports under TEC, §39.108
and §39.107(n), as well as §97.1065(b) of this title.
(d) The funding for the campus must be not less than
the funding of the other campuses operated by the district on a per-student
basis so that the service provider receives at least as much funding
as the campus would otherwise have received. The district must continue
(1) campus maintenance and operations;
(3) food services;
(4) extracurricular activities;
(5) central office support services;
(6) state assessment administration; and
(7) similar operational expenses of the campus.
(e) A campus operated by a service provider under this
section remains a campus of the district. Educators and staff assigned
to work at the campus are district employees for all purposes. The
campus is not subject to TEC, §11.253.
(f) A district subject to this section shall comply
fully with TEA requests for information for the purpose of evaluating
implementation of the contract, student performance, and management
of the campus.
(g) A district that violates the terms of its contract
under this section is subject to further sanctions under this subchapter.
Source Note: The provisions of this §97.1067 adopted to be effective January 6, 2008, 33 TexReg 150; amended to be effective July 28, 2010, 35 TexReg 6523; amended to be effective July 17, 2012, 37 TexReg 5268