Rameses School of San Antonio, Texas - Page 4




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          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).                      





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