SECTION 97.1077. School Year Under Contract to Operate a District Campus

(a) A campus is eligible under Texas Education Code (TEC), §11.174(f) or (g), for an exemption from applicable sanctions or actions under TEC, §39A.101(a) and §39A.111, if:

(1) the campus and the partnership to operate the campus meet all applicable requirements; and

(2) the campus was operated under the partnership from the first to the last day of the school year of the campus.

(b) The provisions of this subsection expire on September 1, 2022. Notwithstanding any other provision, if a partnership agreement is executed prior to the first day of the 2018-2019 school year, the campus will be eligible for an exemption under TEC, §11.174(f) and (g), from applicable sanctions or actions under TEC, §39A.101(a) or §39A.111, based on failure to satisfy the academic performance standards during the 2017-2018 school year if:

(1) the campus and the partnership to operate the campus meet all applicable requirements;

(2) the partnership agreement is executed prior to April 30, 2018; and

(3) the campus is operated under the partnership agreement during a portion of the 2017-2018 school year.

(c) The provisions of this subsection expire on September 1, 2023. Notwithstanding any other provision, if a partnership agreement is executed prior to the first day of the 2019-2020 school year, the campus will be eligible for an exemption under TEC, §11.174(f) and (g), from applicable sanctions or actions under TEC, §39A.101(a) or §39A.111, based on failure to satisfy the academic performance standards during the 2018-2019 school year if:

(1) the campus and the partnership to operate the campus meet all applicable requirements;

(2) the partnership agreement is executed prior to November 30, 2018; and

(3) the campus is operated under the partnership agreement during a portion of the 2018-2019 school year.

(d) A school year under subsection (a)(2) of this section must include, at a minimum:

(1) all minutes of operation and instructional time conducted on the campus for purposes of TEC, §25.081 and §42.005; and

(2) all the days for which the instructional workforce of the campus that provides educational services for students under paragraph (1) of this subsection was employed.

(e) While the performance of a campus operated under a partnership for less than a school year as described by subsections (a)(2) and (d) of this section may not qualify for an exemption from applicable sanctions or actions under TEC, §11.174(f), it may be used to meet the threshold necessary to receive the exemption for the following two school years of operation under a partnership.

(f) Upon request of the commissioner of education, a school district shall provide information to substantiate a school year for the campus.

Source Note: The provisions of this §97.1077 adopted to be effective April 4, 2018, 43 TexReg 2006