Charter Amendments

Let’s talk about charter amendments. Do you feel a little lost when those words come up, that they are too hard to understand or that another language is being spoken? It can seem that way, but really, once you know the in’s and out’s they aren’t as complicated as they may seem. In this tip we’ll talk about the difference between expansion and non-expansion amendments and when to use each.

First let’s discuss expansion amendments. Just like the words read this is a type of amendment to use when you want to expand some aspect of your charter. They are used when you want to extend grade levels, add an additional campus, add an additional site, change your geographical boundaries or increase the maximum allowable enrollment of your charter.

Most charter administrators have thought about or are thinking about expanding their charter in one way or another. However, did you know that TEA can only approve an expansion amendment if your charter meets all the criteria? You may be thinking, there is criteria that needs to be met? Yes, let’s talk about the details. This is taken straight from the Commissioner’s Rules 19 TAC§100.1033. Note all of the requirements a charter must meet.

The commissioner may approve an expansion amendment only if:

• The expansion will be effective no earlier than the start of the fourth full school year at the affected charter school. This restriction does not apply if the affected charter school has a rating of “academically acceptable” as defined by §100.1001(26) of this title (relating to Definitions) as its most recent rating and is operated by a charter holder that operates multiple charter campuses and all of that charter holder’s most recent campus ratings are “academically acceptable” as defined by §100.1001(26) of this title;
• The amendment request under paragraph (1) of this subsection is received no earlier than the first day of January and no later than the first day of March, not to exceed 18 months preceding the effective date of the expansion;
• The most recent district rating for the charter school is “academically acceptable” and the most recent campus rating for at least 90% of the campuses operated under the charter school is “academically acceptable” as defined by §100.1001(26) of this title;
• The most recent district financial accountability rating for the charter school in the Financial Integrity Rating System of Texas (FIRST) for Charter Schools is “satisfactory” as defined by §100.1001(27) of this title;
• The charter school has an accreditation status of Accredited;
• The most recent designation for the charter school under the CSPF is “Tier 1” or “Tier 2” as defined by §100.1010 of this title;

These are requirements that must be met, so if you are considering submitting an expansion amendment to TEA it’s a good idea to first go over this criteria to make sure you meet all aspects of it. If you don’t meet all of these requirements then consider waiting and submitting your expansion amendment once you do. In fact, the Texas Education Agency recently came out with a review document for this very thing. It will be advantageous to review before proceeding with the actual expansion amendment. Here is the link: https://tea.texas.gov/sites/default/files/Expansion%20Amendment%20Review%20Document.pdf

If you’re reading this and know your charter meets all the requirements then these next steps are for you. The steps below address the process of completing the expansion amendment.

1. Your first step is to download the expansion amendment form from the TEA website. You will need Adobe Reader for this and can download it from the Texas Education Agency website: https://tea.texas.gov/texas-schools/texas-schools-charter-schools/charter-school-amendments

2. Complete section 1 of the form-Requested Expansion. Additional fields are required to be completed in this section, depending on the reason for the expansion. As well as applicable documents listed.

3. Section II- Growth Analysis Plan.

• Part 1- Justification and Rationale for Expansion and Board Consideration. Complete in its entirety for all expansion requests. As well as applicable documents listed.
• Part 2-Academic, Financial, and Operational Capacity Indicators. Complete in its entirety for all applicable expansion requests.
• Part 3-Student Equity Indicators. Complete in its entirety for all expansion requests as applicable.

4. Section III-Supplemental Requirements. Include the following documents:

• Documentation identifying a board member’s substantial interest in a business entity or in real property that relates to any charter business;
• Documentation of a board member’s abstentions from voting in cases of potential conflicts of interest;
• Documentation, other than Annual Governance Reporting Forms, identifying family members and/or employees and/or contractors of the charter holder or charter school; and
• Documentation that board members or employees whose criminal history checks deemed them ineligible to serve were removed from service; or a signed statement attesting that within the last three (3) years there have been no instances of nepotism, conflicts of interest, or revelations in criminal history checks that deemed any board members or employee ineligible to serve.

(Attachment F: Compliance Information)

Business Plan – A business plan developed in accordance with the requirements outlined in 19 TAC §100.1033(b)(9)(A)(vii)(I-XI) and reviewed by the board shall be submitted within ten business days upon request by TEA.

By-laws and Articles of Incorporation – Must be current and on file with the agency.

5. Section IV-Expansion Amendment Request Checklist

• • Attachment A: Board resolution (required for all requests)
  • Attachment B: Agenda and minutes (required for all requests)
  • Attachment C: Evidence of Impact Notification(s) (required for campus expansion requests only)
  • Attachment D: Scope and Sequence (required for grade-level expansion requests only)
  • Attachment E: Evidence of Notification to District(s) (required for geographic boundary expansion requests only)
  • Attachment F: Compliance Information (required for all requests)

6. Section V-Attestations

• • • This includes a Superintendent and Board President Attestation

Since multiple documents need to be approved by the board be sure to start the process of gathering and filling out these documents before the month of January. Like mentioned earlier in this tip you have between January and early spring to get these documents sent in to the TEA. Once all documents have been board approved and all supporting documents are completed be sure to place all documents exactly how TEA has them numbered in the expansion amendment. This makes it easier and cleaner for TEA to look through. TEA will give the charter school notice of approval or disapproval of the expansion amendment within 60 days of the date the charter holder submits a completed expansion amendment request.

This next section of the tip addresses non-expansion amendments. What are non-expansion amendments used for? They are used for; school name, return of site, charter holder name, charter holder governance, articles of incorporation, corporate bylaws, management company, admission policy or educational program of the school. Non expansion amendments can also be related to grade levels, maximum enrollment, geographical boundaries or approved sites as long as they don’t relate to expansion. The nice thing about non-expansion amendments is that they can be submitted at any time.

What is the process for completion of non-expansion amendments?

1. Download the non-expansion form from the TEA website Non-Expansion Amendment.pdf
2. Fill in section 1 of the form as it relates to the reason for the non-expansion amendment and if appropriate any additional documentation
3. Section 2 requires a justification for the non-expansion amendment
4. Section 3 requires an approved charter board holder resolution along with any other documentation needed
5. Section 4 requires CEO/Superintendent approval

Be sure to attach any additional documentation needed in the order it is listed on the non-expansion amendment for TEA.

How do you submit an expansion or non-expansion amendment to the TEA once it’s complete? Email charteramendments@tea.texas.gov a copy of the amendment and all supporting documentation. Confirm the submission of proper documentation and include the charter name and CDN (County District Number) in the subject line.

Do you still have questions or need additional resources?

The Texas Education Agency has great resources with the links below:

• Commissioner’s Rules on Amendments
• Charter School Amendments
• Business Components.pdf
• Impact Statement Form.pdf
• Impact Statement Letter to Districts.pdf

Need to review your official charter or charter amendments that have been submitted in the past?

Use this link for review: Portfolio

Still have questions about the process?

Jordan Elliott JElliott@CharterSchoolSuccess.com can help answer your questions. Email them today and visit the Charter School Community Roundtable to discuss this topic, ask questions and get answers now!