June 21, 2023 Committee of the Full Board Item 3
Consideration of the Commissioner of Education's Generation 28 Open-Enrollment Charter School Proposals
June 23, 2023
COMMITTEE OF THE FULL BOARD: ACTION
STATE BOARD OF EDUCATION: ACTION
SUMMARY: This item provides the committee and board an opportunity to review and take action or no action on the commissioner’s list of proposed Subchapter D Open-Enrollment Charter Schools scheduled to open in the 2024-2025 school year. If awarded, the charters will have an initial five-year term.
STATUTORY AUTHORITY: Texas Education Code (TEC), §12.101.
TEC, §12.101 requires the commissioner to notify the State Board of Education (SBOE) of each charter the commissioner proposes to grant. Unless, before the 90th day after the date on which the board receives the notice from the commissioner, a majority of the members of the board present and voting, vote against the grant of that charter, the commissioner's proposal to grant the charter takes effect.
The full text of statutory citations can be found in the statutory authority section of this agenda.
PREVIOUS BOARD ACTION: Annually, within 90 days of the commissioner’s notification of his intent to grant open-enrollment charter school(s), the SBOE has an opportunity to formally consider the commissioner’s proposals and to take action or no action. At the June 2022 meeting, the SBOE took into consideration the five (5) applicants recommended by the commissioner of education for charter award. The SBOE took no action on the following one (1) charter applicant: Academy of Visual and Performing Arts (Fort Worth). The SBOE voted to veto the following four (4) charter applicants: Heritage Classical Academy (Houston), ONE Collegiate Charter School (Houston), Patterns High School of Technology (Del Valle), Spelligent San Antonio (San Antonio).
BACKGROUND INFORMATION AND JUSTIFICATION: TEC, §12.101 grants the commissioner the authority to award up to 305 open-enrollment charters to eligible entities that are considered capable of carrying out the responsibilities of the charter, are likely to operate a school of high quality, have been proposed by the commissioner, and are not vetoed by a majority of the SBOE members present and voting. Prior to the charter school award cycle, the commissioner adopted the Generation 28 Open-Enrollment Charter Instructions and Guidance and Request for Application documents, establishing the timeline and procedures for the application cycle, the contents of the application, and the criteria by which charter schools would be awarded to eligible entities. Generation 28 applications must have earned a minimum cut score of 85% to be granted an interview.
Twenty-five applications were submitted by the November 11, 2022 deadline, and after eligibility, completion, and plagiarism checks by Texas Education Agency (TEA) staff, 19 applications advanced to external review. The external reviewers, designated through a Request for Qualifications (RFQ) process, scored the 19 applications. Nine of the applications met the minimum cut score of 85% to advance to capacity interviews. The commissioner’s designee and TEA staff conducted interviews on Tuesday, May 9, Wednesday, May 10, and Thursday, May 11, 2023. SBOE members were invited to attend the interviews.
MOTION TO BE CONSIDERED: The State Board of Education:
Review and take no action on the commissioner’s list of proposed Generation 28 Subchapter D Open-Enrollment Charter Schools scheduled to open in the 2024-2025 school year.
Staff Members Responsible:
Kelvey Oeser, Deputy Commissioner, Educator and System Support
Marian Schutte, Executive Director, Authorizing
Separate Exhibit:
Commissioner of Education’s Generation 28 Open-Enrollment Charter School Proposals
(to be provided at the June 2023 SBOE meeting)