TEA

Texas Education Agency Commissioner Mike Morath

7701 North Congress Avenue • Austin, Texas 78701-7494 • 512 463-9734 • 512 463-9838 FAX • tea.texas.gov

August 21, 2018 CDN: 227-824

Mr. Jaime Huerta

Promesa Public Schools
6002 Jam Lane
Austin, Texas 78721

Dear Mr. Huerta:

The commissioner of education has considered and denied the following expansion amendment
request submitted by Promesa Public Schools:

(184-18/1) PROMESA PUBLIC SCHOOLS to add a site under the previously approved campus
to open in Brownsville during the 2018-2019 school year (#091-17/1), to be located at
7480 Padre Island Highway, Brownsville, Texas 78521, to serve immigrant students in federal
detention in grades pre-kindergarten through twelve.

The voluntary amendment of an existing contract for charter is not a matter of right or entitlement,
but the commissioner is required to consider the factors set forth in Title 19, Texas Administrative
Code (TAC), §100.1033(b).

Amendment considerations include the performance of the charter holder in carrying out its
current public-school obligations, including, but not limited to, student performance and the
financial position of the charter. The commissioner approves a substantive amendment only if
the charter holder meets all applicable requirements and only if the amendment is in the best
interest of the students enrolled in the charter school. Duetothe preliminary 201 7-2018 academic
accountability rating of “D” for Promesa Public Schools, the commissioner has determined that
the requested expansion amendment by Promesa Public Schools does not meet the eligibility
criteria as outlined in 19 TAC §100.1033(b).

For your additional reference, local educational agencies that wish to provide services to
unaccompanied alien children in federal custody may do so on a contractual or tuition fee basis
but may not do so with state education funding. The legal obligation to provide educational
services to children in federal detention lies with the federal government.

If you have any questions, please contact Drue Ann Wise in the Division of Charter School
Administration by phone at (512) 463-9575 or by email at drueann.wise@tea.texas.gov.

Sincerely,

Heather Mauzé, Director

Division of Charter School Administration