tcsa model board policy series - rapoport academy...the model board policies for charter schools is...

copyTexas Charter Schools Association All rights reserved

TCSA Model Board Policy Series 300020 School Year and Eligibility Status

for RAPOPORT ACADEMY PUBLIC SCHOOL

copyTexas Charter Schools Association All rights reserved Document adopted by the Board 08252016

CHARTER BOARD POLICY

Module 300 General School Operations

The General School Operations Module 300 is the third module of the Model Board Policies The material included in this module provides a comprehensive summary of statutes and regulations that apply to the general operations of charter schools as well as specific model board policies designed to comply with these legal requirements Other policy modules in the series include

Module 100 Financial Operations

Module 200 Charter School Governance amp Organization

Module 400 Students

Module 500 Open Government

Module 600 Human Resources

Legal Abbreviations Used In the TCSA Model Board Policy Series

Atty Gen Op Attorney General Opinion

CFR Code of Federal Regulations

Tex Admin Code Texas Administrative Code

Tex Educ Code Texas Education Code

Tex Govrsquot Code Texas Government Code

Tex Labor Code Texas Labor Code

Tex Loc Govrsquot Code Texas Local Government Code

USCA United States Code Annotated


CHARTER BOARD POLICY 300020 CHARTER BOARD POLICY 300020

300020 SCHOOL YEAR AND ELIGIBILITY STATUS The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board

SECTION 1 School Year The Board adopts the following dates as RAPOPORT ACADEMY PUBLIC SCHOOLrsquos school year [please see included academic calendar to note each yearrsquos approved calendar

SECTION 2 Eligibility Status RAPOPORT ACADEMY PUBLIC SCHOOL shall maintain its status as an organization that is exempt from taxation under Section 501(c)(3) Internal Revenue Code of 1986 (26 USC Section 501(c)(3)) Any change in status shall cause the Superintendent to immediately notify the commissioner of education

TCSA Model Board Policy Series300020 School Year amp Eligibility Status


INTRODUCTION

The Model Board Policies for Charter Schools is a series of publications by the Texas Charter Schools Association (TCSA) These publications are an educational tool for charter school leaders to aid in the operation and management of open-enrollment charter schools in Texas

Overall Policy FrameworkEach module in the Board Policy Series provides a summary of federal and state statutes regulations and related materials applicable to open enrollment charter schools Citations to these materials are provided throughout the module and many contain a hyperlink so the actual statutory or regulatory provision can be accessed on the Internet The summary is designated by the LEGAL AUTHORITY tab on the right edge of each page

After the LEGAL AUTHORITY portion of the module you will find the model policy section designed to comply with current statutory and regulatory requirements described in the LEGAL AUTHORITY summaries These policies are designated by the red CHARTER BOARD POLICY tab on the right edge of each page

These are suggested policies to address the requirements set forth in this Module Prior to adoption of the model policies by the Board of a charter school each policy should be custom-ized by including the schoolrsquos name and by tailoring the language if appropriate to fit the specific needs culture and requirements of the school TCSA recommends that the Board of a charter school consult with and obtain the advice of the schoolrsquos legal counsel in connection with adopt-ing policies to comply with laws governing charter schools

TCSA plans to update the Model Board Policies for Charter Schools after each Texas Legislative Session to reflect changes in applicable laws We also will regularly and continually update the Policy Series when changes occur in state and federal case law and administration regulations that affect open enrollment charter schools We encourage you to renew your subscription to the policy series each year to ensure that your school has the most recent laws and regulations

Scope of Service amp Copyright NoticeThis policy module prepared by the TCSA is designed and intended as a resource of information for charter schools and is not to be construed as legal advice It should be used in connection with consulting and obtaining the advice of the schoolrsquos legal counsel to ensure compliance with applicable legal requirements

This policy module and all updates are copyrighted publications of the TCSA All rights are reserved and will be enforced to the fullest extent of the law The policy modules are for the sole use of the purchaser Duplication and distribution in whole or in part are prohibited unless otherwise specifically authorized in writing by TCSA Inquires should be directed to TCSA 700 Lavaca Suite 930 Austin TX 78701

For questions concerning the Model Board Policies for Charter Schools contact Lindsey Gordon Texas Charter Schools Association lgordontxcharterschoolsorg 5125848272





Module 400 Students












1copyTexas Charter Schools Association All rights reserved

LEGAL AU

THORITY 300020

300020 SCHOOL YEAR AND ELIGIBILITY STATUS

A School Year 1 A charter holder shall adopt a school year for the charter school with fixed beginning

and ending dates

19 Tex Admin Code sect1001211(e)

2 The charter holder must operate the program described in the open-enrollment charter for the full school year each year that the open-enrollment charter is in effect

3 A charter holder may not suspend operation for longer than 21 days without an amendment to its charter adopted by the commissioner of education stating that the charter school is dormant The amendment shall set the date on which operations shall resume and state any applicable conditions for resuming operation that may be imposed by the commissioner

4 A charter school may not suspend operation of a charter school for more than three days without mailing a written notice to the parent or guardian of each student Such notice must be filed with TEA at least 14 days before the suspension of operations In an emergency situation the charter holder shall notify TEA by telephone or other means within 24 hours of suspending operations

5 Suspension of operations in violation of this section constitutes abandonment of the open-enrollment charter

19 Tex Admin Code sect1001213

B Eligible Status to Hold a CharterA charter holder shall take and refrain from all acts necessary to maintain its status as an ldquoeligible entityrdquo to hold a charter within the meaning of Texas Education Code sect12101(a) and shall immediately notify the commissioner of education in writing of any change in such status



TCSA Model Board Policy Series 300040 Instructional Facilities








Module 400 Students














300040 INSTRUCTIONAL FACILITIES The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board

SECTION 1 Right to Occupy Facilities The Superintendent shall maintain in school records a copy of the legally enforceable instrument conferring on the school the right to occupy and use facilities suitable for classroom use

SECTION 2 Occupancy Certificate If RAPOPORT ACADEMY PUBLIC SCHOOL is approved for a new facility site by the commissioner of education before commencing operations the Superintendent shall file a certificate of occupancy or its equivalent with the Texas Education Agency Division of Charter Schools

TCSA Model Board Policy Series300040 Instructional Facilities


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040

300040 INSTRUCTIONAL FACILITIES A Right to Occupy Facilities

1 Throughout the term of the open-enrollment charter a charter holder shall have and maintain legally enforceable lease agreements titles or other legal instruments conferring on it the right to occupy and use one or more facilities suitable for classroom use as well as other instructional facilities described in the open-enrollment charter The legal instrument must confer the right to occupy and use the facilities for the entire school year adopted by the charter school

B Occupancy Certificate

1 A charter holder shall comply with all state and local laws and ordinances applicable to the occupation and use of the facilities it occupies

2 A charter holder shall not change the site of its instructional facilities or administrative offices from those listed in the charter without prior approval from the commissioner of education through an amendment to the open-enrollment charter

3 When approved for a new site under (2) the charter holder shall before commencing any operations at that site file with the Texas Education Agency Division of Charter Schools a certificate of occupancy or an equivalent certificate appropriate for the proposed use of the facility at the new site

Tex Admin Code sect1001215

C Use of Public PropertyTCSA NOTE Please reference TCSArsquos Module 100 Financial Operations 2010 Section 100280 Property for the legal authority and charter board policy applicable to the use of public property

D Joint Facility for High School Dropout Prevention Program and Adult High School Diploma Industry Certification Charter School Pilot Program

1 An entity granted a charter to operate both (a) a dropout recovery charter school that consists only of students 17 years old and older and (b) an adult high school diploma and industry certification charter school pilot program may place the students regardless of the age of the students at the same facility and in the same classroom setting or learning environment the same cafeteria or the same activity sanctioned by the school and the program Tex Educ Code sect12137 84th RS SB 2062 (2015)


TCSA Model Board Policy Series 300060 Charter Amendments








Module 400 Students














300060 CHARTER AMENDMENTS The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board

Before amending the terms of its charter the Superintendent shall ensure that RAPOPORT ACADEMY PUBLIC SCHOOL shall comply with all applicable regulations in regards to filing an amendment request with the Texas Education Agency

TCSA Model Board Policy Series300060 Charter Amendments


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060

300060 CHARTER AMENDMENTS A Amendments Generally

1 Definition An amendment includes any changes to the terms of an open-enrollment charter that relate to

a Grade levels

b Maximum enrollment

c Geographic boundaries

d Approved campuses

e Approved sites

f Relocation of a campus

g Charter holder name

h Charter school (district) name

i Charter campus name

j Charter holder governance

k Articles of incorporation

l Corporate bylaws

m Management company

n Admission policy or

o Educational program of the school (eg the educational philosophy mission curriculum models whole-school designs that are inconsistent with those specified in the schoolrsquos charter)

2 Approval Required Amendments must be approved by the Commissioner of Education

3 Amendment Request Prior to implementation a charter holder must first file with the charter division at TEA a request clearly labeled ldquocharter amendment requestrdquo As applicable this notice should include either the text and page reference or an actual copy of the current charter language to be changed It must also include the proposed new text for the charter language The request must be made in or attached to a written resolution adopted by the charter holderrsquos governing body and signed by the


LEGAL AU

THORITY 300060

members voting in favor of the amendment request

4 Timeline All charter amendment requests except for expansion amendments may be filed with TEA at any time

5 Final Determination The Commissionerrsquos decision on an amendment request is final and cannot be appealed The same amendment request may not be submitted prior to the first anniversary of the original submission

B Expansion Amendments

1 An expansion amendment is an amendment that allows a charter school to extend the grade levels it serves add a campus add a site change its geographic boundaries or increase its maximum allowable enrollment

2 Expansion amendments must be filed within a certain window no earlier than either (a) the first day of February or (b) after the submission to TEA of the charter schoolrsquos annual financial report for the immediately preceding fiscal year and no later than the first day of April

3 The commissioner may approve an expansion amendment only if certain criteria are met and certain forms completed

4 The commissioner will provide notice of approval or disapproval of an expansion amendment within 60 days of the date the charter holder submits a completed expansion amendment request

C New School Designation

1 A new school amendment is an expansion amendment that permits a charter holder to establish an additional charter school under an existing open-enrollment charter pursuant to federal non-regulatory guidance in the Elementary and Secondary Education Act Section 5202(d)(1)

2 Charter schools that receive new school designations from the commissioner will be eligible to participate in the charter school program competitive grant process with federal funding for the Texas charter school program

3 The Commissioner may approve a new school designation amendment only if certain criteria are met and certain forms completed

D Delegation Amendment

1 A delegation amendment is an amendment that permits a charter holder to delegate certain powers and duties ordinarily held by the governing body of the charter holder to any other person or entity


2 A delegation amendment also is an amendment that permits a charter holderrsquos chief executive officer to delegate certain powers and duties ordinarily held by the chief executive officer to any other person or entity

3 The Commissioner may approve a delegation amendment only if certain criteria are met and certain forms completed

E Campus Quality Expansion

2 Approval of the Commissioner is not required for the establishment of a new open-enrollment charter school campus under an existing charter held by the charter holder if the charter holder satisfies the following criteria

a The charter holderrsquos accreditation status is accredited

b At least 50 percent of the student population are in grades assessed under the statersquos accountability system or at least 50 percent of the students in the grades assessed have been enrolled in the school for at least three years

c The charter holder is currently evaluated under the standard accountability proce-dures and received a district rating in the highest or second highest performance rating category for three of the last five years with

i at least 75 percent of the campuses rated under the charter also receiving a rating in the highest or second highest performance rating category and

ii no campus with a rating in the lowest performance rating category in the most recent ratings

d The charter holder provides written notice to the Commissioner of the establish-ment of a new campus under this authority in the time manner and formed pre-scribed by Commissioner rule and

e Not later than the 60th day after the date the charter holder provides written notice the Commissioner does not provide written notice to the charter holder that the Commissioner has determined that the charter holder does not satisfy the require-ments of this expansion type

19 Tex Admin Code sect1001033 Tex Educ Code sect12101(b-4) 84th Leg RS HB 1842 (2015)

LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY


300100 INSTRUCTIONAL MATERIALS A Free Instructional Materials amp TitleInstructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools Except as provided by Section 31104(d) an open-enrollment charter school may not charge a student for instructional material or technological equipment purchased by the open-enrollment charter school with their instructional materials allotment Each instructional material purchased as provided by the Education Code Chapter 31 is the property of the school

Tex Educ Code sect31001 Tex Educ Code sect31102

B Funding1 Open-enrollment charter schools are entitled to the instructional materials allotment

under Chapter 31 and subject to Chapter 31 as if the school were a school district

2 A charter school is entitled to an annual allotment from the state instructional materials fund for each student enrolled in the school on a date during the preceding school year specified by the commissioner An allotment shall be transferred from the state instructional materials fund to the credit of the schoolrsquos instructional materials account as provided by Section 310212


5

LEGAL AU

THORITY


C Use of Instructional Materials Allotment1 Subject to Subsection 2 below funds allotted under the instructional materials

allotment may be used to

a Purchase

i materials on the list adopted by the commissioner

ii instructional materials regardless of whether the materials are on the list ad-opted by the SBOE

iii consumable instructional materials including workbooks

iv instructional materials for use bilingual education classes

v supplemental instructional materials adopted by the SBOE

vi state-developed open-source instructional materials

vii technological equipment necessary to support the use of materials included on the list adopted by the commissioner or any other instructional materials purchased with the instructional materials allotment

b Pay

i for training educational personnel directly involved in student learning in the appropriate use of instructional materials and for providing for access to tech-nological equipment for instructional use and

ii the salary and other expenses of an employee who provides technical support for the use of technological equipment directly involved in student learning

2 Each year an open-enrollment charter school shall use their allotment to purchase in the following order

a instructional materials necessary to permit the charter school to certify that the district has instructional materials that cover all elements of the essential knowl-edge and skills of the required curriculum other than physical education for each grade level and

b any other instructional materials or technological equipment as determined by the charter school

3 Notwithstanding Subsection 2 above for the state fiscal biennium beginning September 1 2011 an open-enrollment charter school shall use an allotment to purchase instructional materials that will assist the charter school in satisfying performance standards under Section 390241 on assessment instruments adopted under Sections

6

LEGAL AU

THORITY


39023(a) and (c)

4 Not later than May 31 of each school year a charter school may request that the commissioner adjust the number of students for which the district is entitled to receive an allotment on the grounds that the number of students attending school will increase or decrease during the school year for which the allotment is provided The commissioner may also adjust the number without a request by the charter school if the commissioner determines a different number of students is a more accurate reflection of student who will be attending school in the district The commissionerrsquos determination is final

Tex Educ Code sect310211

D Instructional Materials Account1 The commissioner shall maintain an instructional materials account for each

open-enrollment charter school Each school year the commissioner shall deposit in the account for each school the amount of the schoolrsquos instructional materials allotment

2 The commissioner shall pay the cost of instructional materials requisitioned by an open-enrollment charter school under Section 31103 using funds from the schoolrsquos instructional materials account

3 An open-enrollment charter school may also use funds in the schoolrsquos account to purchase electronic instructional materials or technological equipment The school shall submit to the commissioner a request for funds for this purpose from the schoolrsquos account

4 Money deposited in an open-enrollment charter schoolrsquos account during each state fiscal biennium remains in the account and available for use for the entire biennium At the end of each biennium unused money in the schoolrsquos account carries forward into the next biennium


E Certification of Use of Instructional Materials AllotmentEach open-enrollment charter school shall annually certify to the commissioner that the schoolrsquos instructional materials allotment has been used only for expenses allowed by Section 310211


F Board Action1 Adoption of Policy

The governing body of an open-enrollment charter school shall adopt a policy for selecting instructional materials Final selections must be recorded in the minutes of the governing body

7

LEGAL AU

THORITY


19 Tex Admin Code sect66104(a)

G Sample CopiesUpon request by the instructional materials coordinator of an open-enrollment charter school a publisher shall provide an electronic sample of submitted instructional material No state funds shall be expended to purchase distribute or ship sample materials

Tex Educ Code sect31027 19 Tex Admin Code sect66101

H Bilingual Instructional MaterialsAn open-enrollment charter school shall purchase with their instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes


I Supplemental Instructional Materials1 An open-enrollment charter school may requisition supplemental instructional material

adopted under this section only if the district or school requisitions the supplemental instructional material along with other supplemental instructional materials or instructional materials on the list adopted under Section 31023 that in combination cover each element of the essential knowledge and skills for the course for which the district or school is requisitioning the supplemental instructional materials

2 An open-enrollment charter school that requisitions supplemental instructional materials shall certify to the agency that the supplemental instructional materials in combination with any other instructional materials or supplemental instructional materials used by the school cover the essential knowledge and skills identified under Section 28002 by the SBOE for the subject and grade level for which the district or school is requisitioning the supplemental instructional materials

Tex Educ Code sect31035 (d) (f)

J State-Developed Open-Source Instructional Materials1 Notwithstanding Section 31022 an open-enrollment charter school may adopt

state-developed open-source instructional material at any time regardless of the instructional material review and adoption cycle under that section

2 An open-enrollment charter school may not be charged for selection of state-developed open-source instructional material in addition to instructional material adopted under Subchapter B of the Texas Education Code

3 State-developed open-source instructional material is the property of the state

Tex Educ Code sect31073(c)-(d) sect31075

K Selection ProceduresEach year during a period established by the SBOE the governing body shall

8

LEGAL AU

THORITY


1 for a subject in the foundation curriculum notify the SBOE of the instructional materials selected by the governing body for the following school year from the instructional materials list including the list adopted under Section 310231 or

2 for a subject in the enrichment curriculum

a notify the SBOE of each instructional material selected by the governing body for the following school year from the instructional materials list include the list adopted under Section 310231 or

b notify the SBOE that the governing body has selected instructional material that is not on the list

3 For instructional material that is not on the list an open-enrollment charter school must use the instructional material for the period of the review and adoption cycle the SBOE has established for the subject and grade level for which the instructional material is used

4 An open-enrollment charter school that selects subscription-based instructional material on the list adopted under Section 31023 or electronic instructional material on the list adopted by the commissioner under Section 310231 may cancel the subscription and subscribe to new instructional material on the list adopted under Section 31023 or electronic instructional material on the list adopted by the commissioner under Section 310231 before the end of the state contract period under Section 31026 if

a The school has used the instructional material for at least one school year and

b The agency approves the change based on a written request to the agency by the school that specifies the reasons for changing the instructional material used by the school


L Certification of Provision of Materials amp Report to TEA1 Prior to the beginning of each school year each open-enrollment charter school

shall annually certify to the State Board of Education (ldquoSBOErdquo) and the commissioner of education that for each subject in the required curriculum under Section 28002 other than physical education and each grade level the open-enrollment charter school provides each student with instructional materials that cover all elements of the essential knowledge and skills adopted by the SBOE for that subject and grade level The certification shall be submitted in a format approved by the commissioner of education Upon request by the commissioner of education the certification shall include supporting documentation describing the instructional materials on which the certificate is based The certifications shall be ratified by local school boards in public noticed meetings

9

LEGAL AU

THORITY


TEA link to instructional materials allotment certification

2 A report listing instructional materials selected for use in an open-enrollment charter school shall be transmitted to the Texas Education Agency (ldquoTEArdquo) by April 1 of each year

Tex Educ Code sect31004 19 Tex Admin Code sect 66105 19 Tex Admin Code sect66104(g)

M Instructional Materials Requisitions1 An open-enrollment charter school shall make a requisition for instructional material

using the online requisition program maintained by the commissioner not later than June 1 of each year

2 In making a requisition an open-enrollment charter school may requisition instructional materials on the list adopted under Section 31023 for grades above the grade level in which a student is enrolled

3 An open-enrollment charter school that selects open-source instructional material shall requisition a sufficient number of printed copies for use by students unable to access the instructional material electronically unless the school provides each student

a electronic access to the instructional material at no cost to the student or

b printed copies of the portion of the instructional material that will be used in the course


N Physical Inventory1 Each open-enrollment charter school shall conduct an annual physical inventory of all

currently adopted instructional materials The results of the inventory shall be recorded in the charter schoolrsquos files

19 Tex Admin Code sect 66107(a)

O Distribution and Handling1 Employee Delegation

The governing body may delegate to an employee the authority to requisition distribute and manage the inventory of instructional materials in a manner consistent with Chapter 31 of the Education Code and rules adopted by the commissioner of education

Tex Educ Code sect31104(a)

2 Distribution to StudentsThe governing body shall distribute printed instructional material to students in a manner that the governing body determines is the most effective and economical

10

LEGAL AU

THORITY


Tex Educ Code sect31102(c)

3 Instructional Materials ReplacementThe school may order replacements for instructional materials that have been lost or damaged directly from

a The publisher of the instructional materials or

b Any source for a printed copy of open-source instructional material

Tex Educ Code sect31104(b)

4 Responsibility for Instructional Materials and Technological Equipment

a Student or ParentGuardian Responsibility A student must return all instructional materials to the teacher at the end of the school year or when the student withdraws from school Each student or studentrsquos parent or guardian is responsible for instructional materials and technological equipment not returned in an acceptable condition by the student A student who fails to return in an acceptable condition all instructional materials and techno-logical equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and technological equipment previously issued but not returned in an acceptable condition are paid for by the student parent or guardian As provided by the policy of the governing body of an open-enrollment charter school the school may waive or reduce the payment required if the student is from a low-income family The school shall allow the student to use instructional materials and technological equipment at school during each school day If instructional materials or technological equipment is not returned in an acceptable condition or paid for the school may withhold the studentrsquos records However the school may not prevent a student from graduating participating in a graduation ceremony or receiving a diploma The commissioner shall adopt criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition

b Employee Responsibility The governing body of an open-enrollment charter school may not require an employee of the school who acts in good faith to pay for instructional materials or technological equipment that is damaged stolen misplaced or not returned An employee may not waive this provision by contract or any other means except that a charter school may enter into a written agreement with a school employee whereby the employee assumes financial responsibility for electronic instructional material or technological equipment usage off school property or outside of a school-sponsored event in consideration for the ability of the employee to use the electronic instructional material or technological equipment for personal business Such a written agreement shall be separate from the employeersquos contract of employment if applicable and shall clearly inform the employee of the amount of the financial responsibility and advise the employee to consider obtaining appro-

11

LEGAL AU

THORITY


priate insurance An employee may not be required to agree to such an agreement as a condition of employment

c At the end of the school year for which open-source instructional material that an open-enrollment charter school does not intend to use for another student is distributed the printed copy of the open-source instructional material becomes the property of the student to whom it is distributed

d This section does not apply to an electronic copy of open-source instructional material

e Commissionerrsquos Rules Concerning Acceptable Condition of Instructional Materials

i Printed instructional materials are considered to be in acceptable condition if

(1) the cover binding pages spine and all integral components of the instruc-tional materials are wholly intact and the instructional materials are fully usable by other students and

(2) all components of the instructional materials are not soiled torn or damagedmdashwhether intentionally or by lack of appropriate caremdashsuch that any portion of the content is too disfigured or obscured to be fully acces-sible to other students

ii Electronic instructional materials are considered to be in acceptable condition if

(1) All components or applications that are a part of the electronic instructional materials are returned

(2) the electronic instructional materials do not computer code that has been designed to self-replicate damage change or otherwise hinder the perfor-mance of any computerrsquos memory file system or software and

(3) the electronic instructional materials have not been installed with plug-ins snap-ins or add-ins without the prior approval of the school

Tex Educ Code sect31104(c)-(e) (g)-(h) 19 Tex Admin Code sect66107(b)-(c) sect661201-1203

P Sale or Disposal of Instructional Materials and Technological Equipment1 The governing body of an open-enrollment charter school may sell printed instructional

materials on the date the instructional material is discontinued for use in the public schools by the SBOE or the commissioner The governing body may also sell electronic instructional materials and technological equipment owned by the school Any funds received by a school from a sale authorized by this subsection must be used to purchase instructional materials and technological equipment allowed under Section 310211

12

LEGAL AU

THORITY


2 The governing body of an open-enrollment charter school shall determine how the district or school will dispose of discontinued printed instructional materials electronic instructional materials and technological equipment

3 The governing body of an open-enrollment charter school may dispose of printed instructional material before the date the instructional material is discontinued by the SBOE if the governing body determines that the instructional material is not needed by the school and the governing body does not reasonably expect that the instructional material will be needed A school must notify the commissioner of any instructional material the school disposes of under this section


Q Use of Local FundsIn addition to any instructional material selected under this chapter an open-enrollment charter school may use local funds to purchase any instructional materials


R Accepting Rebates on Textbooks1 A board member administrator or teacher commits a Class B misdemeanor offense

if that person receives any commission or rebate on any instructional materials or technological equipment used in the schools with which the person is associated as a board member administrator or teacher

2 A board member administrator or teacher commits a Class B misdemeanor offense if the person accepts a gift favor or serve that

a Is given to the person or the personrsquos school

b Might reasonably tend to influence a board member administrator or teacher in the selection of instructional material or technological equipment and

c Could not be lawfully purchased with funds from the state instructional materials funds


S Violation of Free Instructional Materials LawA person commits a Class C misdemeanor if the person knowingly violates any law providing for the purchase or distribution of free instructional materials for public schools


13

LEGAL AU

THORITY


300120 GRIEVANCE PROCESS

A Federal Law1 Section 504 of the Rehabilitation Act of 1973 (ldquoSection 504rdquo)

A charter holder that receives federal financial assistance and that employs 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging conduct prohibited by Section 504 The charter holder shall designate one person to coordinate compliance with this requirement

34 CFR 1047

2 American with Disabilities Act (ldquoADArdquo) A charter holder that employs 50 or more persons shall adopt and publish grievance procedures providing for the prompt and equitable resolution of complaints alleging conduct prohibited by the ADA The charter holder shall designate an employee to coordinate compliance with this requirement

28 CFR 35107

3 Title IX of the Education Amendments of 1972 (ldquoTitle IXrdquo) Title IX requires that each charter holder receiving federal financial assistance designate at least one employee that will coordinate investigations of complaints alleging violations of Title IX The charter holder must notify all of its students and employees of the name office address and telephone number of the designated employee Charter holders must also adopt and publish grievance procedures providing for prompt and equitable resolution of student and employee complaints alleging violations of Title IX

34 CFR sect1068

4 Title VI of the Civil Rights Act of 1964 (ldquoTitle VIrdquo) Title VI requires all recipients to prominently display posters which state that the recipient is subject to Title VI and briefly explain the procedures for filing complaints alleging violations of Title VI

28 CFR sect42405

B Authority of Charter Holder to Hear ComplaintsAbsent a specific written waiver from the commissioner of education the board of a charter holder shall not delegate final authority to hear or decide employee grievances citizen complaints or parental concerns

Tex Admin Code sect1001033(c)(6)(C)

14

LEGAL AU

THORITY


C Exception to Open Meeting Requirement Personnel MattersThe governing body of a charter holder or charter school may conduct a closed meeting to hear a complaint or charge against an officer or employee of the charter holder or charter school However the governing body shall conduct an open meeting if the officer or employee who is the subject of the deliberation or hearing requests a public hearing

Tex Govrsquot Code sect551074

The closed meeting exception for personnel matters does not apply when a board discusses an independent contractor who is not a school employee or when a board discusses a class or group of employees not a particular employee

Atty Gen Op MW-129 (1980) Atty Gen Op H-496 (1975)

D Exception to Open Meeting Requirement Personally Identifiable Information About Public School StudentThe governing body of a charter holder or charter school may conduct a closed meeting to deliberate a matter regarding a student if personally identifiable information about the student will be revealed by the deliberation

Tex Govrsquot Code sect 5510821(a) The closed meeting exception for personally identifiable student information does not apply if an open meeting about the matter is requested in writing by a parent or guardian of the student or by the student if the student has attained 18 years of age

Tex Govrsquot Code sect 5510821(c)

15

LEGAL AU

THORITY


300140 MEDIA RELATIONS

A Notice of Board Meetings to Media 1 A charter holder and charter school must give notice of the meetings of its governing

body including emergency meetings by telephone facsimile transmission or electronic mail to any news media that have requested such notice and have agreed to reimburse the charter holder for the cost of providing the notice


16

LEGAL AU

THORITY


300160 ASBESTOS HAZARD EMERGENCY RESPONSE ACT A Identification

1 Local education agencies are required to identify asbestos-containing material in elementary and secondary schools

40 CFR sect76380 25 Tex Admin Code sect29531 sect29533

B Charter Holder Obligations The Charter holder must

1 Ensure that the activities of persons who perform inspections re-inspections periodic surveillance develop and update management plans and develop and implement response actions are carried out in accordance with federal laws and rules regarding asbestos management

2 Ensure that all custodial and maintenance employees are properly trained as required by federal and state regulations

3 Ensure that employees and students (or their parentslegal guardians) are annually informed about inspections response actions and post-response activities

4 Ensure that short-term workers that may come in contact with asbestos are provided information regarding the locations of the asbestos as well as suspected asbestos

5 Ensure that warning labels are posted in compliance with laws and regulations

6 Ensure management plans are available for inspection and notice of their availability has been provided

7 Designate an adequately trained individual to ensure compliance with federal and state laws and regulations and

8 Consider any potential conflict of interest that may arise from the relationship with the accredited personnel and whether that should influence the selection of accredited personnel

40 CFR sect76384

C Asbestos Management Plan1 The charter holder shall develop an asbestos management plan for each school

including all buildings that it leases owns or otherwise uses as a school building The plan shall be submitted to the Texas Department of Health The plan shall be developed by an accredited management planner

40 CFR sect76393

17

LEGAL AU

THORITY


D Warning Labels1 The charter holder shall prominently display a warning label immediately adjacent

to any asbestos or suspected asbestos located in routine maintenance areas (such as boiler rooms) at each school building It shall remain posted until the asbestos is removed The notice shall read in large size or bright colored print ldquoCAUTION ASBESTOS HAZARDOUS DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENTrdquo

40 CFR sect 76395

18

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THORITY


300180 MUNICIPAL ORDINANCES A General Rule

1 An open-enrollment charter school is subject to municipal zoning ordinances governing public schools and to all other municipal ordinances governing public schools

Tex Educ Code sect 12103(a) Tex Admin Code sect 1001209(a)

a A municipality may not enforce its zoning ordinances to exclude a facility operated by an open-enrollment charter school

Austin Indep Sch Dist v City of Sunset Valley 502 SW2d 670 (Tex 1973)

b A municipality may enforce other ordinances against an open-enrollment charter school that arise from the municipalitiesrsquo police power to enforce necessary health and safety regulations

City of Sunset Valley Port Arthur Indep Sch Dist v City of Groves 376 SW2d 330 (Tex 1964)

c A home rule city may enforce its reasonable land development regulations and ordinances against an open-enrollment charter school for the purposes of aesthetics and the maintenance of property values

Atty Gen Op GA-0697 (2009)

d An open-enrollment charter school is not required to pay impact fees unless the governing body of the charter holder consents to the payments of the fees by entering a contract with the political subdivision that imposes the fees The contract may contain terms the governing body considers advisable to provide for the payment of the fees

Tex Loc Govrsquot Code sect395022(b)

B Exception for Small Municipalities1 A campus of an open-enrollment charter school located in whole or in part in a

municipality with a population of 20000 or less is not subject to municipal zoning ordinances governing public schools Tex Educ Code sect 12 103(c) Tex Admin Code sect 1001209(b)

19

LEGAL AU

THORITY


300200 MANAGEMENT COMPANIES

A Definitions1 Management Company

a A management company is a person or legal entity that provides any management services to a charter holder or charter school except that

i A charter holder and its employees may provide management services to a charter school that is under the charter schoolrsquos supervision and control pursuant to the open-enrollment charter and such charter holder is not thereby a management company

ii A nonprofit corporation under 28 USC sect501(c)(3) may donate management services to a charter holder and the donor corporation is not thereby a manage-ment company if the donee charter holder is a subsidiary corporation controlled by the donor corporation under the articles of incorporation and bylaws of the donee charter holder and

iii A regional education service center providing services to a charter school under Chapter 8 of the Texas Education Code is not a management company

Tex Admin Code sect1001011(14)

2 Management Services

a Management services are services related to the management or operation of a charter school They include the following

i Planning operating supervising or evaluating a charter schoolrsquos education programs services or facilities

ii Making recommendations to the governing body of a charter holder or charter school relating to the selection of school personnel

iii Managing a charter schoolrsquos day-to-day operations as its administrative manager

iv Preparing a proposed budget or submitting it to the governing body of a charter holder or charter school

v Recommending policies to be adopted by the governing body of a charter holder or charter school or developing procedures or practices to implement policies adopted by such governing body

(1) Legal services provided by a Texas licensed attorney and public accountancy services provided by a Texas licensed certified public accountant are not

20

LEGAL AU

THORITY


management services even though such services may include recommending policies or developing procedures or practices to implement adopted policies

vi Overseeing the implementation of policies adopted by the governing body of a charter holder or charter school or

vii Providing leadership for the attainment of student performance at a charter school based on indicators adopted under Chapter 39051 of the Education Code or adopted by the governing body of a charter holder or charter school


3 Management Company Breach

a A management company breach is an action or failure to act by a management company that is contrary to a duty owed under a management contract a rule adopted under Chapter 12 subchapter D of the Education Code or any other legal obligation and constitutes sufficient grounds for action against the management company under the Chapter 12127 of the Education Code andor 19 Texas Administrative Code sect1001155

19 Tex Admin Code sect1001011(23)

B Maintenance of Records1 A management company that provides or did provide any management services shall

maintain all records related to its management services separately from any other records of the management company

2 Any contract including a contract renewal between an open-enrollment charter school and a management company to provide management services to the school must include a provision in writing stating that the management company will comply with maintaining all records related to its management services separately from another other records of the management company

Tex Educ Code sect12125 19 Tex Admin Code sect1001159 19 Tex Admin Code sect1001203

C Cooperation with Audits1 A management company its employees and agents shall fully cooperate with an

audit by the commissioner of education Failure to timely comply with a request for access to records or other cooperation from the management company constitutes a management company breach

Tex Admin Code sect1001051(d)

D Prohibited Management Services Contracts

21

LEGAL AU

THORITY


1 The commissioner of education may suspend prohibit deny the renewal of or revoke a contract between an open-enrollment charter school and a management company providing management services to the school if the commissioner determines that the management company has

a Failed to comply with its contractual or legal obligations to any open-enrollment charter school in Texas or any other similar school in another state

b Failed to protect the health safety or welfare of the student enrolled at an open-enrollment charter school served by the company or

c Violated the laws and regulations governing open-enrollment charter schools listed under Subchapter D of Chapter 12 of the Education Code or a rule adopted under Subchapter D

Tex Educ Code sect12126 Tex Educ Code sect12124(b) 19 Tex Admin Code sect1001155 19 Tex Admin Code sect1001157(b)

E Prohibition on Loans1 A charter holder or charter school that accepts a loan or credit from or incurs a debt to

a management company may not enter into a contract with that management company to provide management services to the school

2 Neither a charter holder nor a charter school may accept any loan or credit from or incur any debt to a management company that has a contract to provide management services to

a That charter school or

b Another charter school that operates under a charter granted to the charter holder

3 A charter holder shall separately disclose in its annual audit report all loans or credit received or indebtedness incurred by the charter holder or the charter school to any person or entity providing management services to the charter school or another charter school that operates under the charter holder

Tex Educ Code sect12124(a) 19 Tex Admin Code sect1001157

F Approval by the Texas Education Agency1 At least 30 calendar days before any performance or payments under a management

services contract a charter holder must file a copy of each contract for management services and each amendment renewal or extension with the Texas Education Agency (ldquoTEArdquo) division responsible for legal services for review

2 The contract for management services is unenforceable until the expiration of 30 calendar days following the date on which it is filed with TEA Performance under the contract before the expiration of the 30 days is a material charter violation

22

LEGAL AU

THORITY


3 After the expiration of 30 days if the commissioner of education does not take any action within 30 days under the Title 19 of the Texas Administrative Code Chapter 97 Subchapter DD (relating to Investigative Reports Sanctions and Record Reviews) the parties may begin performance under the contract The absence of action by the commissioner within this timeframe does not preclude the commissioner from acting at a later time under this section


G Liability of a Management CompanyA management company that provides management services to an open- enrollment charter school is liable for damages incurred by the state as a result of the companyrsquos failure to comply with its contractual or other legal obligations to provide services to the school


23

LEGAL AU

THORITY


300220 IMMUNITIESamp WAIVER

Immunity from Liability

A A director of a non-profit corporation is not liable to the corporation a member or another person if the director discharges his or her duties in good faith with ordinary care and in a manner the director reasonably believes to be in the best interest of the corporation

Tex Bus Org Code sect 22221

B In matters related to operation of an open-enrollment charter school an open-enrollment charter school is immune from liability to the same extent as a school district and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability to the same extent as a school district trustee Tex Educ Code sect121056

C Like school district employees a professional employee of an open-enrollment charter school is not personally liable for any act that is incident to or within the scope of the duties of the employees position of employment and that involves the exercise of judgment or discretion on the part of the employee except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students

1 This section does not apply to the operation use or maintenance of any motor vehicle

2 In addition to the immunity provided under this section and under other provisions of state law an individual is entitled to any immunity and any other protections afforded under the Paul D Coverdell Teacher Protection Act of 2001 Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law

Tex Educ Code sect 22051

D Like school district volunteers a volunteer who is serving as a direct service volunteer of a charter school is immune from civil liability to the same extent as a professional employee of a school district under Section 220511

1 In this section volunteer means a person providing services for or on behalf of a charter school on the premises of the charter school or at a school-sponsored or school-related activity on or off school property who does not receive compensation in excess of reimbursement for expenses

2 This section does not limit the liability of a person for intentional misconduct or gross negligence

24

LEGAL AU

THORITY



Waiver of Immunity from Liability

A Waiver in the Texas Tort Claims ActLike a school district an open-enrollment charter school is liable for

1 Property damage personal injury and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if

a The property damage personal injury or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment and

b The employee would be personally liable to the claimant according to Texas law and

2 Personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would were it a private person be liable to the claimant according to Texas law

Tex Civ Prac amp Rem Code sect101021

B Waiver for Breach of Fiduciary DutyOn request of the Commissioner the Attorney General may bring suit against a member of the governmental body of an open enrollment charter school for breach of fiduciary duty including misappropriation of funds The AG may bring suit for damages injunctive relief and any other equitable remedy


25

LEGAL AU

THORITY



TCSA Model Board Policy Series 300080 Emergency Management Plan

for NAME OF CHARTER SCHOOL



INTRODUCTION The Model Board Policies for Charter Schools is a series of publications by the Texas Charter Schools Association (TCSA) These publications are an educational tool for charter school leaders to aid in the operation and management of open-enrollment charter schools in Texas

Overall Policy Framework Each module in the Board Policy Series provides a summary of federal and state statutes regulations and related materials applicable to open enrollment charter schools Citations to these materials are provided throughout the module and many contain a hyperlink so the actual statutory or regulatory provision can be accessed on the Internet The summary is designated by the LEGAL AUTHORITY tab on the right edge of each page


These are suggested policies to address the requirements set forth in this Module Prior to adoption of the model policies by the Board of a charter school each policy should be custom- ized by including the schoolrsquos name and by tailoring the language if appropriate to fit the specific needs culture and requirements of the school TCSA recommends that the Board of a charter school consult with and obtain the advice of the schoolrsquos legal counsel in connection with adopt- ing policies to comply with laws governing charter schools


Scope of Service amp Copyright Notice This policy module prepared by the TCSA is designed and intended as a resource of information for charter schools and is not to be construed as legal advice It should be used in connection with consulting and obtaining the advice of the schoolrsquos legal counsel to ensure compliance with applicable legal requirements


For questions concerning the Model Board Policies for Charter Schools contact

Lindsey Gordon Texas Charter Schools Association lgordontxcharterschoolsorg 5125848272







Module 400 Students













CHARTER BOARD POLICY 300080

30080 EMERGENCY MANAGEMENT PLAN The governing body (ldquoBoardrdquo) of Rapoport Academy Public School adopts the following policy which shall be effective on the date that the policy is adopted by the Board

The Superintendent shall develop and implement a multihazard emergency operations plan for use in NAME OF CHARTER SCHOOLrsquos facilities The plan must provide for

1 the mitigation preparedness response and recovery in regards to an emergency 2 employee training in responding to an emergency 3 mandatory school drill exercises to prepare students and employees for responding to an

emergency and 4 measures to ensure coordination with the Department of State Health Services and local

emergency management agencies law enforcement health departments and fire departments in the event of an emergency

Each campus of Rapoport Academy Public School shall have a copy of the emergency management plan and all staffpersonnel will be trained annually on the emergency procedures

TCSA Model Board Policy Series300080 Emergency Management Plan


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080

300080 EMERGENCY MANAGEMENT PLAN

TCSA Note Neither the federal nor the state government has adopted a statute nor rule that governs emergency management planning by open-enrollment charter schools Thus this section of the policies does not have a direct legal counterpart Please reference Section 300080 Charter Board Policy for the recommended policy to address a schoolrsquos emergency management plan

TCSA Model Board Policy Series300100 Instructional Materials


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100

300100 INSTRUCTIONAL MATERIALS A Free Instructional Materials amp Title

Instructional materials selected for use in the public schools shall be furnished without cost to the students attending those schools Except as provided by Section 31104(d) an open-enrollment charter school may not charge a student for instructional material or technological equipment purchased by the open-enrollment charter school with their instructional materials allotment Each instructional material purchased as provided by the Education Code Chapter 31 is the property of the school


B Funding

1 Open-enrollment charter schools are entitled to the instructional materials allotment under Chapter 31 and subject to Chapter 31 as if the school were a school district

2 A charter school is entitled to an allotment each biennium from the state instructional materials fund for each student enrolled in the school on a date during the last year of the preceding biennium specified by the Commissioner An allotment shall be transferred from the state instructional materials fund to the credit of the schoolrsquos instructional materials account as provided by Section 310212

Tex Educ Code sect31005 Tex Educ Code sect310211 84th Leg RS HB 1474

C Use of Instructional Materials Allotment

1 Subject to Subsection 2 below funds allotted under the instructional materials allotment may be used to

a Purchase

i materials on the list adopted by the Commissioner






vii technological equipment necessary to support the use of materials included


LEGAL AU

THORITY 300100

on the list adopted by the Commissioner or any other instructional materials purchased with the instructional materials allotment

b Pay



2 Each biennium an open-enrollment charter school shall use their allotment to purchase in the following order



3 Notwithstanding Subsection 2 above for the state fiscal biennium beginning September 1 2011 an open-enrollment charter school shall use an allotment to purchase instructional materials that will assist the charter school in satisfying performance standards under Section 390241 on assessment instruments adopted under Sections 39023(a) and (c)

4 Not later than May 31 of each school year a charter school may request that the Commissioner adjust the number of students for which the district is entitled to receive an allotment on the grounds that the number of students attending school will increase or decrease during the school year for which the allotment is provided The Commissioner may also adjust the number without a request by the charter school if the Commissioner determines a different number of students is a more accurate reflection of student who will be attending school in the district The Commissionerrsquos determination is final

Tex Educ Code sect310211 84th Leg RS HB 1474

D Instructional Materials Account

1 The Commissioner shall maintain an instructional materials account for each open-enrollment charter school In the first year of each biennium the Commissioner shall deposit in the account for each school the amount of the schoolrsquos instructional materials allotment


LEGAL AU

THORITY 300100

2 The Commissioner shall pay the cost of instructional materials requisitioned by an open-enrollment charter school under Section 31103 using funds from the schoolrsquos instructional materials account

3 An open-enrollment charter school may also use funds in the schoolrsquos account to purchase electronic instructional materials or technological equipment The school shall submit to the Commissioner a request for funds for this purpose from the schoolrsquos account



E Certification of Use of Instructional Materials Allotment

Each open-enrollment charter school shall annually certify to the Commissioner that the schoolrsquos instructional materials allotment has been used only for expenses allowed by Section 310211


F Board Action

1 Adoption of Policy The governing body of an open-enrollment charter school shall adopt a policy for selecting instructional materials Final selections must be recorded in the minutes of the governing body




H Bilingual Instructional Materials

An open-enrollment charter school shall purchase with their instructional materials allotment or otherwise acquire instructional materials for use in bilingual education classes



LEGAL AU

THORITY 300100

I Supplemental Instructional Materials

1 An open-enrollment charter school may requisition supplemental instructional material adopted under this section only if the district or school requisitions the supplemental instructional material along with other supplemental instructional materials or instructional materials on the list adopted under Section 31023 that in combination cover each element of the essential knowledge and skills for the course for which the district or school is requisitioning the supplemental instructional materials



J State-Developed Open-Source Instructional Materials

1 Notwithstanding Section 31022 an open-enrollment charter school may adopt state-developed open-source instructional material at any time regardless of the instructional material review and adoption cycle under that section




K Selection Procedures

Each year during a period established by the SBOE the governing body shall



a notify the SBOE of each instructional material selected by the governing body for the following school year from the instructional materials list include the list ad-opted under Section 310231 or



LEGAL AU

THORITY 300100


4 An open-enrollment charter school that selects subscription-based instructional material on the list adopted under Section 31023 or electronic instructional material on the list adopted by the Commissioner under Section 310231 may cancel the subscription and subscribe to new instructional material on the list adopted under Section 31023 or electronic instructional material on the list adopted by the Commissioner under Section 310231 before the end of the state contract period under Section 31026 if




L Certification of Provision of Materials amp Report to TEA

1 Prior to the beginning of each school year each open-enrollment charter school shall annually certify to the Commissioner of Education that for each subject in the required curriculum under Section 28002 other than physical education and each grade level the open-enrollment charter school provides each student with instruc-tional materials that cover all elements of the essential knowledge and skills adopted by the SBOE for that subject and grade level The certification shall be submitted in a format approved by the Commissioner of Education Upon request by the Commissioner of Education the certification shall include supporting documentation describing the instructional materials on which the certificate is based The certifications shall be rati-fied by local school boards in public noticed meetings TEA link to instructional materials allotment certification

2 A report listing instructional materials selected for use in an open-enrollment charter school shall be transmitted by April 1 of each year


M Instructional Materials Requisitions

1 An open-enrollment charter school shall make a requisition for instructional material using the online requisition program maintained by the Commissioner not later than June 1 of each year

2 In making a requisition an open-enrollment charter school may requisition instructional


LEGAL AU

THORITY 300100

materials on the list adopted under Section 31023 for grades above the grade level in which a student is enrolled





N Physical Inventory

1 Each open-enrollment charter school shall conduct an annual physical inventory of all currently adopted instructional materials The results of the inventory shall be recorded in the charter schoolrsquos files


O Distribution and Handling

1 Employee Delegation The governing body may delegate to an employee the authority to requisition distribute and manage the inventory of instructional materials in a manner consistent with Chapter 31 of the Education Code and rules adopted by the Commissioner of Education









LEGAL AU

THORITY 300100


a Student or ParentGuardian Responsibility A student must return all instructional materials to the teacher at the end of the school year or when the student withdraws from school Each student or studentrsquos parent or guardian is responsible for instructional materials and technological equipment not returned in an acceptable condition by the student A student who fails to return in an acceptable condition all instructional materials and techno-logical equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and technological equipment previously issued but not returned in an acceptable condition are paid for by the student parent or guardian As provided by the policy of the governing body of an open-enrollment charter school the school may waive or reduce the payment required if the student is from a low-income family The school shall allow the student to use instructional materials and technological equipment at school during each school day If instructional materials or technological equipment is not returned in an acceptable condition or paid for the school may withhold the studentrsquos records However the school may not prevent a student from graduating participating in a graduation ceremony or receiving a diploma The Commissioner shall adopt criteria for determining whether instructional materials and technological equipment are returned in an acceptable condition

b Employee Responsibility The governing body of an open-enrollment charter school may not require an employee of the school who acts in good faith to pay for instructional materials or technological equipment that is damaged stolen misplaced or not returned An employee may not waive this provision by contract or any other means except that a charter school may enter into a written agreement with a school employee whereby the employee assumes financial responsibility for electronic instructional material or technological equipment usage off school property or outside of a school-sponsored event in consideration for the ability of the employee to use the electronic instructional material or technological equipment for personal business Such a written agreement shall be separate from the employeersquos contract of employment if applicable and shall clearly inform the employee of the amount of the financial responsibility and advise the employee to consider obtaining appro-priate insurance An employee may not be required to agree to such an agreement as a condition of employment





LEGAL AU

THORITY 300100






(2) the electronic instructional materials do not have a computer code that has been designed to self-replicate damage change or otherwise hinder the performance of any computerrsquos memory file system or software and



P Sale or Disposal of Instructional Materials and Technological Equipment

1 The governing body of an open-enrollment charter school may sell printed instructional materials on the date the instructional material is discontinued for use in the public schools by the SBOE or the Commissioner The governing body may also sell electronic instructional materials and technological equipment owned by the school Any funds received by a school from a sale authorized by this subsection must be used to purchase instructional materials and technological equipment allowed under Section 310211


3 The governing body of an open-enrollment charter school may dispose of printed instructional material before the date the instructional material is discontinued by the SBOE if the governing body determines that the instructional material is not needed by the school and the governing body does not reasonably expect that the instructional material will be needed A school must notify the Commissioner of any instructional material the school disposes of under this section



LEGAL AU

THORITY 300100

Q Use of Local Funds

In addition to any instructional material selected under this chapter an open-enrollment charter school may use local funds to purchase any instructional materials


R Accepting Rebates on Textbooks

1 A board member administrator or teacher commits a Class B misdemeanor offense if that person receives any commission or rebate on any instructional materials or technological equipment used in the schools with which the person is associated as a board member administrator or teacher






S Violation of Free Instructional Materials Law

A person commits a Class C misdemeanor if the person knowingly violates any law providing for the purchase or distribution of free instructional materials for public schools



TCSA Model Board Policy Series 300100 Instructional Materials








Module 400 Students














300100 INSTRUCTIONAL MATERIALS The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board The instructional material adoption process shall comport with relevant laws and regulations

SECTION 1 Instructional Materials Allotment

Section 11 Certification of Use The use of RAPOPORT ACADEMY PUBLIC SCHOOLrsquos instructional materials allotment (ldquoIMArdquo) shall comport with applicable law and regulation The Superintendent or designee shall annually certify to the commissioner of education that RAPOPORT ACADEMY PUBLIC SCHOOLrsquos IMA has been used solely for expenses allowed by law

Section 12 If the number of students attending RAPOPORT ACADEMY PUBLIC SCHOOL will increase or decrease during the school year for which the IMA is provided the superintendent or designee shall ensure that a timely request is submitted to the commissioner of education requesting an adjustment in the number of students for which RAPOPORT ACADEMY PUBLIC SCHOOL is entitled to receive an IMA

SECTION 2 Selection of Instructional Materials

Section 11 Instructional Materials Selection Committee

a Appointment The Superintendent shall appoint an instructional materials selection committee to review and consider textbooks as well as other instructional materials for adoption by RAPOPORT ACADEMY PUBLIC SCHOOL

b Recommendation to the Board The committee shall review instructional and

make a recommendation to the Board as to which instructional materials should be adopted by RAPOPORT ACADEMY PUBLIC SCHOOL

Section 12 Board Adoption and Recording The Board will consider the committeersquos recommendation for adoption at a scheduled Board meeting If the Board chooses not to adopt any or part of the committeersquos recommendation the committee shall reconvene to determine alternate instructional materials for adoption This process shall continue until the Board chooses to adopt all of the instructional materials recommended by the committee Final selections of instructional materials adopted by the Board shall be recorded in the Board minutes (TCSA Note Highlighted section required by law)

Section 13 Supplemental Instructional Materials If RAPOPORT ACADEMY PUBLIC SCHOOL requisitions supplemental instructional materials the Superintendent or Superintendentrsquos designee shall ensure that RAPOPORT ACADEMY PUBLIC SCHOOL certifies to the Texas Education Agency that the supplemental instructional materials in combination with any other instructional materials or supplemental instructional materials used by RAPOPORT ACADEMY PUBLIC SCHOOL cover the essential knowledge and skills identified in law

Section 14 Notification to SBOE Each year during the period established by the State Board of Education (ldquoSBOErdquo) the Superintendent or Superintendentrsquos designee shall notify the SBOE of the instructional materials selected for the following school year as required by law



Section 15 TEA Report By April 1st of each year the Superintendent or Superintendentrsquos designee shall transmit to the TEA a report listing the instructional materials selected for use at RAPOPORT ACADEMY PUBLIC SCHOOL

Section 16 Annual Certification of Provision of Materials Before the beginning of each school year the Superintendent or Superintendentrsquos designee shall certify to the SBOE and the commissioner of education that RAPOPORT ACADEMY PUBLIC SCHOOL for each subject in the required curriculum and each grade level provides instructional materials that cover all elements of the essential knowledge and skills adopted by the SBOE

Section 17 Board Ratification of the Annual Certification The certification shall be ratified by the Board in a public noticed meeting and shall be submitted in a format approved by the commissioner of education

SECTION 2 Handling and Requisition

Section 21 Instructional Materials Coordinator The Board delegates to Federal and State Compliance Officer the authority to requisition distribute and manage the inventory of instructional materials in a manner consistent with all laws and regulations

Section 22 Requisitions By June 1st each year RAPOPORT ACADEMY PUBLIC SCHOOL shall requisition instructional materials using the online requisition program maintained by the commissioner of education

Section 23 Inventory Annually the Instructional Materials Coordinator shall conduct a physical inventory of all currently adopted instructional materials The results of the inventory shall be recorded in RAPOPORT ACADEMY PUBLIC SCHOOLrsquos files

SECTION 3 Responsibility for Instructional Materials and Technological Equipment

Section 31 Student A student must return all instructional materials andor technological equipment to the teacher at the end of the school year or when the student withdraws from school

a A student who fails to return in an acceptable condition all instructional

materials and technological equipment forfeits the right to free instructional materials and technological equipment until all instructional materials and technological equipment previously issued but not returned in an acceptable condition are paid for by the student studentrsquos parent or studentrsquos guardian

b RAPOPORT ACADEMY PUBLIC SCHOOL shall allow the student to use

instructional materials and technological equipment during each school day

c At the discretion of the Superintendent or Superintendentrsquos designee RAPOPORT ACADEMY PUBLIC SCHOOL may waive or reduce the required payment for a student who is eligible for free or reduced price school meals



Section 32 Employee The Superintendent or Superintendentrsquos designee shall ensure that in consideration for the ability of an employee to use for personal business electronic instructional material or technological equipment off school property or outside of a school-sponsored event the employee enters into a written agreement with RAPOPORT ACADEMY PUBLIC SCHOOL whereby the employee assumes financial responsibility for the electronic instructional material andor technological equipment Such agreement shall clearly inform the employee of the amount of the financial responsibility and advise the employee to consider obtaining appropriate insurance The employee may not be required to agree to such an agreement as a condition of employment

SECTION 4 DISPOSAL PROCEDURES The Superintendent shall recommend procedures to the Board for how RAPOPORT ACADEMY PUBLIC SCHOOL will dispose of discontinued printed instructional materials electronic instructional materials and technological equipment


TCSA Model Board Policy Series 300120 Grievance Process








Module 400 Students














300120 GRIEVANCE PROCESS The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board This policy governs student and parent complaints employee grievances and citizen complaints

For purposes of this policy ldquodaysrdquo means school calendar days

With the exception of a complaint against the Superintendent each complaint must initially be brought at the lowest level of review at the Campus Leader Review level

The Board encourages all complaints to be resolved at the lowest level possible

SECTION 1 Campus Principal Review of Complaint Where a RAPOPORT ACADEMY PUBLIC SCHOOL employee student guardian of a student or a member of the public has a complaint or concern regarding RAPOPORT ACADEMY PUBLIC SCHOOL the individual shall first bring their complaint or concern in writing to the appropriate campus leader The complaint must be brought within 15 school days of the date that the complainant knew or should have known of the alleged harm The complaint must be specific and where possible suggest a resolution The campus leader must hear the compliant attempt to remedy the complaint in the best interest of the affected parties and document the outcome The campus leader must respond to the complainant and issue a final decision in writing within 10 days of the campus leaderrsquos receipt of the complaint

SECTION 2 Superintendentrsquos Review of Complaint If the individual bringing the complaint is not satisfied with the campus leaderrsquos final decision then the individual may file a written appeal to the Superintendent of RAPOPORT ACADEMY PUBLIC SCHOOL This written appeal shall be filed with the Superintendentrsquos office within 10 days of the individualrsquos receipt of the campus leaderrsquos final decision The complaint shall include a copy of the written complaint to the campus leader along with a copy of the campus leaderrsquos final decision A copy of the appeal shall also be delivered to the campus leader

The appeal must be specific and where possible suggest a resolution The complaint shall not include any new issues or complaints unrelated in the original complaint expressed to the campus leader

The Superintendent shall respond to the complaint and issue a final decision in writing within 15 days of receipt of the written appeal

SECTION 3 Board of Directors Review of Complaint If the individual bringing the complaint is not satisfied with the Superintendentrsquos final decision then the individual may appeal their complaint in writing to RAPOPORT ACADEMY PUBLIC SCHOOLrsquos Board of Directors within 10 days of receiving the Superintendentrsquos final decision The complaint shall be directed to the President of the Board and shall include a copy of the written complaint to the Superintendent along with a copy of the Superintendentrsquos final decision A copy of this appeal shall also be delivered to the Superintendent



The President of the Board at the next regular meeting of the Board shall provide a copy of the complaint record to all board members The Boardrsquos decision shall be decided on a review of the record developed at the Superintendentrsquos level Any action of the Board of Directors regarding the complaint shall be taken in compliance with the Texas Open Meeting Act

A complaint against the Superintendent shall begin at this level of review and shall follow the complaint process in accordance with this policy section and the Texas Open Meetings Act

The failure of the Board to act on a complaint has the effect of upholding the Superintendentrsquos decision

TCSA Model Board Policy Series300120 Grievance Process


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120

300120 GRIEVANCE PROCESS A Federal Law

1 Section 504 of the Rehabilitation Act of 1973 (ldquoSection 504rdquo) A charter holder that receives federal financial assistance and that employs 15 or more persons shall adopt grievance procedures that incorporate appropriate due process standards and that provide for the prompt and equitable resolution of complaints alleging conduct prohibited by Section 504 The charter holder shall designate one person to coordinate compliance with this requirement

34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120









TCSA Model Board Policy Series 300140 Media Relations








Module 400 Students














300140 MEDIA RELATIONS The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board The purpose of this policy is for RAPOPORT ACADEMY PUBLIC SCHOOL to be prepared to cooperate with media representatives and gain favorable media coverage

SECTION 1 COMPLIANCE RAPOPORT ACADEMY PUBLIC SCHOOL shall comply with all laws and rules governing media relations

SECTION 2 Designation of Spokespersons for RAPOPORT ACADEMY PUBLIC SCHOOL The Superintendent will serve as the primary spokesperson with the media for RAPOPORT ACADEMY PUBLIC SCHOOL on all matters of school interest except that the Chair or the Chairrsquos designee of the Board shall serve as the spokesperson for matters specifically involving the Board of RAPOPORT ACADEMY PUBLIC SCHOOL

SECTION 3 Procedures Governing Media Access Requests to interview film videotape andor photograph students andor school personnel on school grounds shall go through the Superintendent Whenever possible the Superintendent or the Superintendentrsquos designee shall contact the campus leaders before a media visit

TCSA Model Board Policy Series300140 Media Relations


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140






TCSA Model Board Policy Series 300160 Asbestos Hazard Emergency Response Act








Module 400 Students














300160 ASBESTOS HAZARD EMERGENCY RESPONSE ACT The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board

SECTION 1 Compliance RAPOPORT ACADEMY PUBLIC SCHOOL shall comply with all federal and state laws and regulations in regards to the Asbestos Hazard Emergency Response Act (ldquoAHERArdquo) RAPOPORT ACADEMY PUBLIC SCHOOL designates the Superintendent as the individual who will ensure such compliance The Superintendent shall receive appropriate and relevant training on the AHERA

SECTION 2 Annual Notice The Superintendent shall send an annual notice to students parents guardians and employees regarding the AHERA as required by law



MODEL AHERA YEARLY NOTIFICATION FORM [Date]

Dear Students Parents Guardians amp Employees

In 1986 Congress passed the Asbestos Hazard Emergency Response Act (AHERA) which requires school inspections to identify any asbestos containing building materials In accordance with AHERA RAPOPORT ACADEMY PUBLIC SCHOOL hereby notifies all parties of the availability of the Asbestos Management Plan for RAPOPORT ACADEMY PUBLIC SCHOOL

The plan has several ongoing requirements publish a notification on management plan availability and the status of asbestos activities educate and train its employees about asbestos and how to deal with it notify short-term or temporary workers on the locations of the asbestos containing building materials post warning labels in routine maintenance areas where asbestos was previously identified or assumed follow set plans and procedures designed to minimize the disturbance of asbestos containing building materials and survey the condition of these materials every six months to assure that they remain in good condition

The plan and a copy of the inspections and assessments are available for review Monday through Friday during regular office hours in all school offices and at the RAPOPORT ACADEMY PUBLIC SCHOOL administrative building If any interested parties would like to view the plan contact the principal assistant principal or the RAPOPORT ACADEMY PUBLIC SCHOOL Asbestos Program Manager Please refer to the management plan for specific details regarding whether or not this campusrsquo building(s) has asbestos-containing building materials and if applicable at your school a program for regular surveillance inspection of asbestos-containing materials Also every three years an asbestos re-inspection of this campus will be conducted to comply with the AHERA law

It is the intention of Rapoport Academy Public School to comply with all federal and state regulations controlling asbestos in an effort to ensure students and employees a healthy and safe environment in which to learn and work

TCSA Model Board Policy Series300160 Asbestos Hazard Emergency Response Act


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395


TCSA Model Board Policy Series 300180 Municipal Ordinances








Module 400 Students














300180 MUNICIPAL ORDINANCES The governing body (ldquoBoardrdquo) of RAPOPORT ACADEMY PUBLIC SCHOOL adopts the following policy which shall be effective on the date that the policy is adopted by the Board

SECTION 1 Compliance RAPOPORT ACADEMY PUBLIC SCHOOL shall comply with all applicable municipal ordinances RAPOPORT ACADEMY PUBLIC SCHOOL designates the Superintendent as the individual who will ensure such compliance

TCSA Model Board Policy Series300180 Municipal Ordinances


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180














TCSA Model Board Policy Series300200 Management Companies


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200
















2 The contract for management services is unenforceable until the expiration of 30


LEGAL AU

THORITY 300200

calendar days following the date on which it is filed with TEA Performance under the contract before the expiration of the 30 days is a material charter violation



G Liability of a Management CompanyA management company that provides management services to an open- enrollment charter school is liable for damages incurred by the state as a result of the companyrsquos failure to comply with its con-tractual or other legal obligations to provide services to the school


TCSA Model Board Policy Series300220 Immunities amp Waiver (Risk Management Policy)


INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220

300220 IMMUNITIES amp WAIVER

I Immunity from Liability

A Board Members A director of a non-profit corporation is not liable to the corporation a member or another person if the director discharges his or her duties in good faith with ordinary care and in a manner the director reasonably believes to be in the best interest of the corporation


B Charter School and Charter Holder In matters related to operation of an open-enrollment charter school an open-enrollment charter school or charter holder is immune from liability and suit to the same extent as a school district and the employees and volunteers of the open-enrollment charter school or charter holder are immune from liability and suit to the same extent as school district employees and volunteers A member of the governing body of an open-enrollment charter school or of a charter holder is im-mune from liability and suit to the same extent as a school district trustee Tex Educ Code sect121056 (a)

C Employees Like school district employees a professional employee of an open-enrollment charter school or a professional employee of an open-enrollment charter holder is not personally liable for any act that is incident to or within the scope of the duties of the employees position of employment and that involves the exercise of judgment or discretion on the part of the employee except in circum-stances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students




D Volunteers Like school district volunteers a volunteer who is serving as a direct service volunteer of a charter school or charter holder is immune from civil liability to the same extent as a professional employee of a school district under Section 220511


LEGAL AU

THORITY 300220

1 In this section volunteer means a person providing services for or on behalf of a charter schoolholder on the premises of the charter schoolholder or at a school-sponsored or school-related activity on or off school property who does not receive compensation in excess of reimbursement for expenses



E Other Matters Notwithstanding Subsections (a) or (b) of Texas Education Code Section 121058 an open-en-rollment charter school operated by a tax exempt entity as described by Section 12101(a)(3) is not considered to be a political subdivision local government or local governmental entity unless the applicable statute specifically states that the statute applies to an open-enrollment charter school Tex Educ Code sect 121058(c) and sect22053 84th RS HB 1170

II Waiver of Immunity from Liability

A Waiver in the Texas Tort Claims Act for Property Damage Personal Injury and Death Like a school district an open-enrollment charter school is liable for

1 An open-enrollment charter school is a governmental unit as defined by Section 101001 Civil Practice and Remedies Code and is subject to liability only as provided by Chapter 101 Civil Practice and Remedies Code and only in the manner that liability is provided by that chapter for a school district

Tex Educ Code sect121056 (b) 84th RS HB 1171

a Like a school district an open-enrollment charter school is liable for property damage personal injury and death proximately caused by the wrongful act or omis-sion or the negligence of an employee acting within his scope of employment if

i The property damage personal injury or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment and

ii The employee would be personally liable to the claimant according to Texas law

b Personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would were it a private person be liable to the claimant according to Texas law



c Liability for an open enrollment charter school is limited to money damages in a maximum amount of $100000 for each person and $30000 for each single occurrence for bodily injury or death and $100000 for each singe occurrence for injury to or destruction of property


2 An open-enrollment charter school is a local government as defined by Section 102001 Civil Practice and Remedies Code and a payment on a tort claim must comply with Chapter 102 Civil Practice and Remedies Code

Tex Educ Code sect121056 (c) 84th RS HB 1171

a An open-enrollment charter school may pay actual damages awarded against an employee of the charter school if the damages

i result from an act or omission of the employee in the course and scope of his employment for the charter school and

ii arise from a cause of action for negligence

b The charter school may also pay the court costs and attorneys fees awarded against an employee for whom the local government may pay damages under this section

c A charter school may not pay damages awarded against an employee that

i arise from a cause of action for official misconduct or

ii arise from a cause of action involving a willful or wrongful act or omission or an act or omission constituting gross negligence

d A local government may not pay damages awarded against an employee to the ex-tent the damages are recoverable under an insurance contract or a self-insurance plan authorized by statute


e Payments under this chapter by an open-enrollment charter school may not exceed (1) $100000 to any one person or $300000 for any single occurrence in the case of personal injury or death or (2) $10000 for a single occurrence of property damage


B Waiver in the Local Government Code for Breach of Contract Claims

LEGAL AU

THORITY 300220


1 An open-enrollment charter school is a local governmental entity as defined by Section 271151 Local Government Code and is subject to liability on a contract as provided by Subchapter I Chapter 271 Local Government Code and only in the manner that liability is provided by that subchapter for a school district

Tex Educ Code sect121056(d) 84th Leg RS HB 1171

2 An open-enrollment charter school is considered to be a local government entity for purposes of Subchapter I Chapter 271 Local Government Code

Tex Educ Code sect12058(a)(4) 84th Leg RS HB 1170

3 An open-enrollment charter school that enters into a contract subject to Subchapter I Chapter 271 Local Government Code waives sovereign immunity to suit for the purpose of adjudicating a claim for breach of the contract subject to the terms and conditions of the subchapter

Tex Loc Govrsquot Code sect 271152

4 Except for written contracts regarding the sale or delivery of at least 1000 acre feet of reclaimed water for industrial use the total amount of money awarded in an adjudication brought against an open-enrollment charter school for breach of a contract subject to this subchapter is limited to the following

a the balance due and owed by the local governmental entity under the contract as it may have been amended including any amount owed as compensation for the increased cost to perform the work as a direct result of owner-caused delays or ac-celeration

b the amount owed for change orders or additional work the contractor is directed to perform by a local governmental entity in connection with the contract

c reasonable and necessary attorneys fees that are equitable and just and

d interest as allowed by law including interest as calculated under Chapter 2251 Government Code

Tex Loc Govrsquot Code sect 271153(a)

5 Damages awarded in an adjudication brought against an open-enrollment charter school arising under a contract subject to this subchapter may not include consequential damages (except for as expressly allowed in the contract) exemplary damages or damages for unabsorbed home office overhead

Tex Loc Govrsquot Code sect 271153(b)

6 Except for written contracts regarding the sale or delivery of at least 1000 acre

LEGAL AU

THORITY 300220


feet of reclaimed water for industrial use the total amount of money awarded in an adjudication brought against an open-enrollment charter school for breach of a contract subject to this subchapter is limited to the following

a Waive a defense or limitations on damages available to a party other than a bar against a suit based on sovereign immunity

b Waive sovereign immunity to suit in federal court

c Waive sovereign immunity for suit for a case of action for a negligent tort or an intentional tort

Tex Loc Govrsquot Code sect 271155 ndash 271157

C Waiver in the Education Code for Breach of Fiduciary Duty

On request of the Commissioner the Attorney General may bring suit against a member of the governmental body of an open-enrollment charter school for breach of fiduciary duty including misappropriation of funds The AG may bring suit for damages injunctive relief and any other equitable remedy


III Acquiring Insurance and Managing Risk

A Insurance for Bodily Injuries Sustained by Students The board of directors for an open-enrollment charter holder may obtain insurance against bodily injuries sustained by students while training for or engaging in interscholastic athletic competi-tion or while engaging in school-sponsored activities

Tex Educ Code sect 12104 Tex Educ Code sect38024 84th Leg RS HB 744

B Workers Compensation Coverage

1 An open-enrollment charter school may elect to extend workers compensation ben-efits to employees of the school through any method available to a political subdivision under Chapter 504 Labor Code An open-enrollment charter school that elects to extend workers compensation benefits as permitted under this subsection is consid-ered to be a political subdivision for all purposes under Chapter 504 Labor Code An open-enrollment charter school that self-insures either individually or collectively under Chapter 504 Labor Code is considered to be an insurance carrier for purposes of Sub-title A Title 5 Labor Code

Tex Educ Code sect 12058 (b) 84th Leg RS HB 1170

2 A political subdivision must extend workersrsquo compensation benefits to its employees

LEGAL AU

THORITY 300220


by (1) becoming a self-insurer (2) providing insurance under a workersrsquo compensations insurance policy or (3) entering into an interlocal agreement with other political subdivisions providing for self-insurance

Tex Labor Code sect504011

C Self Insurance for Risk Management

1 An open-enrollment charter school is considered to be a local government for purposes of Chapter 2259 Texas Government Code except that a charter school may not issue public securities as authorized in Section 2259031(b)(1)

Tex Educ Code sect 120158 (a) 84th Leg R S HB 1170

2 A governmental unit may establish a self insurance fund to protect the governmental unit and its officers employees and agents from any insurable risk or hazard

Tex Govrsquot Code sect 2259031 (a)

3 An open-enrollment charter school that establishes such a self-insurance fund may

a a use any money available to the charter school for the fund

Tex Govt Code sect 2259031 (b)(2) and

b b purchase reinsurance for a risk covered through the fund

Tex Govt Code sect 2259031 (c)

4 Any law including a regulation requiring insurance may be satisfied by coverage provided through the fund

Tex Govt Code sect 2259031 (d)

5 Any law including a regulation requiring a certificate of insurance or an insurance agencyrsquos signature may be satisfied by a certificate of coverage issued on behalf of the charter school demonstrating that coverage is provided through the fund

Tex Govt Code sect 2259031 (e)

LEGAL AU

THORITY 300220


TCSA Model Board Policy Series 300220 Immunities amp Waiver (Risk Management Policy)








Module 400 Students














300220 RISK MANAGEMENT POLICY RAPOPORT ACADEMY PUBLIC SCHOOL strives to ensure that risks to RAPOPORT ACADEMY PUBLIC SCHOOL are identified analyzed and managed so that they are maintained at acceptable levels RAPOPORT ACADEMY PUBLIC SCHOOL employees are responsible for ensuring RAPOPORT ACADEMY PUBLIC SCHOOL programs activities and policies are conducted in a manner that considers the risk of loss or injury

SECTION 1 Risk Management Officer The superintendent will designate a Risk Management Officer (RMO) who is responsible for providing guidance on risk management issues and the interpretation of specific policy requirements Additionally the RMO is responsible for

1 Coordinating the development and maintenance of risk management policies

procedures standards and forms for RAPOPORT ACADEMY PUBLIC SCHOOL

2 Identifying strategic risks

3 Identifying tasks and implementing such tasks to ensure risk management becomes part of day-to-day management

4 Ensuring staff are aware of risks and how to manage them and

5 Monitoring our strategic risk profile and implementing a continuous improvement

approach to risk management The RMO will forward recommendations to the Superintendent who will present those recommendations to the Board

SECTION 2 General Liability Insurance RAPOPORT ACADEMY PUBLIC SCHOOL shall purchase appropriate liability insurance to protect itself its board members officers employees and volunteers from the cost of defending litigation brought against them in their official capacity as board members officers employees andor volunteers of RAPOPORT ACADEMY PUBLIC SCHOOL for acts or omissions committed by them in the good faith discharge of their official RAPOPORT ACADEMY PUBLIC SCHOOL duties

Such insurance shall include but not be limited to insurance protection against claims for property damage personal injury or death proximately caused by the negligence wrongful act or omission of RAPOPORT ACADEMY PUBLIC SCHOOLrsquos officers or employees acting within the scope of their employment or office and arising from the operation or use of a motor vehicle under circumstances where such officers or employees would be personally liable to the claimant in accordance with the laws of this state

300020 School Year and Eligibility Status policy

300020 School Year and Eligibility Status_Legal Authority

300040 Instructional Facilities policy

300040 Instructional Facilities_Legal Authority_v2

300060 Charter Amendments policy

300060 Charter Amendments_Legal Authority_v2

300080 Emergency Management Plan policy

300080 Emergency Management Plan_Legal Authority


300100 Instructional Materials Policy_v2

300120 Grievance Process policy

300120 Grievance Process_Legal Authority

300140 Media Relations policy

300140 Media Relations_Legal Authority

300160 Asbestos Hazard Emergency Response Act policy

300160 Asbestos Hazard Emergency Response Act_Legal Authority

300180 Municipal Ordinances policy

300180 Municipal Ordinances_Legal Authority

300200 Management Companies_Legal Authority

300220 Immunities and Waiver (Risk Management Policy)_Legal Authority_v2

300220 Immunities and Waiver_Risk Management policy







Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300020



and ending dates


















Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students





















































INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300020



and ending dates


















Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students


















































Module 400 Students













LEGAL AU

THORITY 300020



and ending dates


















Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students















































LEGAL AU

THORITY 300020



and ending dates


















Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students























































Module 400 Students



















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students





















































INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300040




















Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300060



a Grade levels



d Approved campuses

e Approved sites







l Corporate bylaws







LEGAL AU

THORITY 300060




























LEGAL AU

THORITY 300060

4

LEGAL AU

THORITY








5

LEGAL AU

THORITY




a Purchase








b Pay







6

LEGAL AU

THORITY


39023(a) and (c)













7

LEGAL AU

THORITY

















8

LEGAL AU

THORITY













9

LEGAL AU

THORITY



















10

LEGAL AU

THORITY










11

LEGAL AU

THORITY
















12

LEGAL AU

THORITY
















13

LEGAL AU

THORITY





34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405



14

LEGAL AU

THORITY









15

LEGAL AU

THORITY






16

LEGAL AU

THORITY














40 CFR sect76384



40 CFR sect76393

17

LEGAL AU

THORITY




40 CFR sect 76395

18

LEGAL AU

THORITY















19

LEGAL AU

THORITY

















20

LEGAL AU

THORITY

















21

LEGAL AU

THORITY

















22

LEGAL AU

THORITY






23

LEGAL AU

THORITY














24

LEGAL AU

THORITY












25

LEGAL AU

THORITY






















Module 400 Students






















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300080





INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300100




B Funding






a Purchase









LEGAL AU

THORITY 300100


b Pay












LEGAL AU

THORITY 300100








F Board Action









LEGAL AU

THORITY 300100

















LEGAL AU

THORITY 300100














LEGAL AU

THORITY 300100



















LEGAL AU

THORITY 300100








LEGAL AU

THORITY 300100















LEGAL AU

THORITY 300100























Module 400 Students























































Module 400 Students






























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300120



34 CFR 1047


28 CFR 35107


34 CFR sect1068


28 CFR sect42405




LEGAL AU

THORITY 300120

















Module 400 Students




















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300140














Module 400 Students



























INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300160













40 CFR sect76384



40 CFR sect76393


LEGAL AU

THORITY 300160



40 CFR sect 76395










Module 400 Students


















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300180
















INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300200

















LEGAL AU

THORITY 300200
















LEGAL AU

THORITY 300200


















LEGAL AU

THORITY 300200








INTRODUCTION













Module 400 Students













LEGAL AU

THORITY 300220












LEGAL AU

THORITY 300220































LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220

















LEGAL AU

THORITY 300220


















LEGAL AU

THORITY 300220










Module 400 Students














































tcsa model board policy series - rapoport academy...the model board policies for charter schools is...

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