Sec. 12.110. APPLICATION. (a) The commissioner shall adopt: (1) an application form and a procedure that must be used to apply for a charter for an open-enrollment charter school; and (2) criteria to use in selecting a program for which to grant a charter. (b) The application form must provide for including the information required under Section 12.111 to be contained in a charter. (c) As part of the application procedure, the commissioner may require a petition supporting a charter for a school signed by a specified number of parents or guardians of school-age children residing in the area in which a school is proposed or may hold a public hearing to determine parental support for the school. (d) The commissioner shall approve or deny an application based on: (1) documented evidence collected through the application review process; (2) merit; and (3) other criteria as adopted by the commissioner, which must include: (A) criteria relating to the capability of the applicant to carry out the responsibilities provided by the charter and the likelihood that the applicant will operate a school of high quality; (B) criteria relating to improving student performance and encouraging innovative programs; and (C) a statement from any school district whose enrollment is likely to be affected by the open-enrollment charter school, including information relating to any financial difficulty that a loss in enrollment may have on the district. (e) The commissioner shall give priority to applications that propose an open-enrollment charter school campus to be located in the attendance zone of a school district campus assigned an unacceptable performance rating under Section 39.054 for the two preceding school years.
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