19 Tex. Admin. Code § 100.1131 - Applicability of Nepotism Provisions; Exception for Acceptable Performance
(a) Nepotism laws generally apply. Except as
provided by this section, a member of the governing body of a charter holder, a
member of the governing body of a charter school, and an officer of a charter
school who retain final authority to select and terminate charter school
employees shall comply with Texas Government Code, Chapter 573, in the manner
provided by the nepotism provisions, prohibitions, and exceptions described in
this section and §§
100.1133-100.1141 of this title (relating
to General Nepotism Provisions; Relationships By Consanguinity or By Affinity;
Nepotism Prohibitions; Nepotism Exceptions; and Enforcement of Nepotism
Prohibitions).
(b) Existing charter
holders partly grandfathered. A person who was not restricted or prohibited
under Texas Education Code, §
12.1055, before
September 1, 2013, from being employed by an open-enrollment charter school and
who was lawfully employed by an open-enrollment charter school before September
1, 2013, is considered to have been in continuous employment as provided by
Texas Government Code, §
573.062(a),
and is not prohibited from continuing employment with the school. Any break in
service, however, shall render the eligibility under this subsection null and
void. Continuous employment for the purposes of this subsection applies only to
relationships that existed on September 1, 2013, and does not exempt
relationships created after September 1, 2013.
(c) Employment status. This section only
applies to the employment of those charter employees reported to the Texas
Workforce Commission (TWC) as being employees of the charter on September 1,
2013. The charter holder must supply to the Texas Education Agency (TEA) the
TWC list that includes each employee's name, position held, and relationship,
if any, to officer and/or board member(s). This list will serve as a baseline
for determination of those individuals grandfathered under this
section.
(d) Submission
requirement. The list referenced in subsection (c) of this section shall be
received by the TEA division of charter schools no later than December 1, 2014.
Failure to comply with this subsection constitutes a material charter
violation.
(e) No quorum of
relatives. Notwithstanding any other provision of this section, persons related
to one another within the third degree by consanguinity or within the second
degree by affinity, as determined under §
100.1135 of this title, shall not
constitute a quorum of the governing body or any committee of the governing
body of the charter holder or charter school.
Notes
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