Sec. 12.1162. ADDITIONAL SANCTIONS. (a) The commissioner shall take any of the actions described by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007, to the extent the commissioner determines necessary, if an open-enrollment charter school, as determined by a report issued under Section 39.058(b):
(1) commits a material violation of the school's charter;
(2) fails to satisfy generally accepted accounting standards of fiscal management; or
(3) fails to comply with this subchapter or another applicable rule or law.
(b) The commissioner may temporarily withhold funding, suspend the authority of an open-enrollment charter school to operate, 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.
(c) After the commissioner acts under Subsection (b), the open-enrollment charter school may not receive funding and may not resume operating until a determination is made that:
(1) despite initial evidence, the conditions at the school do not present a danger of material harm to the health, safety, or welfare of students; or
(2) the conditions at the school that presented a 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 (b), the commissioner shall provide the charter holder an opportunity for a hearing.
(e) Immediately after a hearing under Subsection (d), the commissioner must cease the action under Subsection (b) or initiate action under Section 12.116.
(f) The commissioner shall adopt rules implementing this section. Chapter 2001, Government Code, does not apply to a hearing under this section.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 19, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(13), eff. September 1, 2017.
