SECTION 100.1. Selection Process

(a) In accordance with Texas Education Code (TEC), §12.101, a State Board of Education (SBOE) member shall be designated by the SBOE chair to work in coordination with the commissioner of education on the review of TEC, Chapter 12, Subchapter D, open-enrollment charter school applicants.

(b) Following the commissioner's notification to the SBOE of the charters the commissioner proposes to grant, a majority of the SBOE members present and voting may vote to veto the commissioner's proposed charter(s) or may vote to take no action. The SBOE's consideration of the proposed charters will occur no later than 90 days following the commissioner's notification.

(c) The SBOE may not vote or deliberate on any charter application that has not been proposed by the commissioner. For purposes of this section, deliberation is defined in Texas Government Code, §551.001.

(d) An applicant for an open-enrollment charter, or any person or entity acting on behalf of an applicant for an open-enrollment charter, shall not communicate with a member of the SBOE concerning a charter school application beginning on the date the application is submitted and ending on the date the applicant passes through an external review with a qualifying score. The SBOE may veto a proposed application for violation of this subsection.

Source Note: The provisions of this §100.1 adopted to be effective October 21, 2014, 39 TexReg 8265; amended to be effective October 31, 2023, 48 TexReg 6354