19 Tex. Admin. Code § 100.1047 - Intervention Based on Health, Safety, or Welfare of Students
(a) The commissioner of education may
temporarily withhold state funds, suspend the authority of an open-enrollment
charter school to operate in its entirety or at one or more locations, and/or
take any other reasonable action the commissioner determines necessary to
protect the health, safety, or welfare of students enrolled at the school based
on evidence that conditions at the school present a danger to the health,
safety, or welfare of the students.
(b) The commissioner must notify the charter
holder in writing of the action taken in subsection (a) of this section.
(c) If the commissioner's actions
under subsection (a) of this section relate to circumstances that present an
imminent danger of material harm to the health, safety, or welfare of students,
the open-enrollment charter school may not receive state funds and may not
resume operating until a determination is made that:
(1) despite initial evidence, the conditions
at the school do not present an imminent danger of material harm to the health,
safety, or welfare of students; or
(2) the conditions at the school that
presented an imminent danger of material harm to the health, safety, or welfare
of students have been corrected.
(d) Not later than the third business day
after the date the commissioner acts under subsection (a) of this section to
address circumstances that present an imminent danger of material harm to the
health, safety, or welfare of students, the commissioner shall provide the
charter holder an opportunity for a hearing.
(e) The hearing under this section shall be
conducted under the procedures governing informal review of a preliminary
investigative report specified in Chapter 157, Subchapter EE, Division 1, of
this title (relating to Informal Review).
(f) An action under subsection (a) of this
section to address circumstances that present an imminent danger of material
harm to the health, safety, or welfare of students remains in effect until a
determination under subsection (e) of this section becomes final.
(1) If the determination is in favor of the
charter holder, the commissioner must cease the action under subsection (a) of
this section immediately and restore all funds to which the charter holder
would be entitled but for such action.
(2) If the determination is against the
charter holder, the commissioner must initiate adverse action against the
charter under §
100.1049 of this title (relating
to Revocation and Modification of Governance of an Open-Enrollment Charter).
The action under subsection (a) of this section then remains in effect until
the final decision under §
100.1049 of this title.
Notes
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