1. (a) For the purpose of determining an open-enrollment charter school's initial eligibility to receive funding as provided in Texas Education Code (TEC), §12.106(e), the most recent overall performance rating assigned to the open-enrollment charter school under TEC, Chapter 39, Subchapter C, is the preliminary overall performance rating issued to the open-enrollment charter school for the school year preceding the school year for which funding under TEC, §12.106(d), would be provided.
2. (b) If the preliminary rating issued under TEC, Chapter 39, Subchapter C, for the school year preceding the year for which funding under TEC, §12.106(d), would be provided is changed as a result of an accountability appeal to a rating of at least acceptable, then the full amount of the funds will be provided to the open-enrollment charter school.
3. (c) If the open-enrollment charter school was not rated the preceding school year as a result of a special evaluation by the commissioner of education because the open-enrollment charter school was in a county declared a natural disaster, the most recent overall performance rating assigned to the open-enrollment charter school under TEC, Chapter 39, Subchapter C, is the most recent final overall performance rating issued.

Source Note:The provisions of this §105.1011 adopted to be effective December 20, 2018, 43 TexReg 8090.