- 4 - the Texas Education Code to apply for an open-enrollment charter, and thereby to be recognized as a State public school entitled to receive public funding. See Tex. Educ. Code Ann. sec. 12.101(a)(3) (Vernon 1996). Petitioner so applied and on May 14, 1998, obtained from the Texas State Board of Education (SBOE) the requested open-enrollment charter.2 The charter, in accordance with applicable State law, imposed upon petitioner conditions related to its operations, including rules to require compliance with generally accepted accounting principles (GAAP) and recordkeeping standards, to restrict conflicts of interest and less than arm’s-length transactions, and to adhere to specific dictates governing student attendance and special education programs. In 1995, petitioner began operating a school offering pre- kindergarten through grade 12 instruction to children. The school employed what is referred to as a “multi-age level” or “one-room schoolhouse” setting. Records suggest that student enrollment grew from about 10 in early years to approximately 100 by 1999. Throughout its history, the school has focused on serving a racially and ethnically diverse, economically 2 Although the parties’ stipulation references “March of 1998” in connection with receipt of the open-enrollment charter, a cursory review of the underlying document reveals that the contract for charter was entered and executed on May 14, 1998. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195 (1989) (holding that stipulations are properly disregarded where clearly contrary to evidence contained in the record).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007