A charter granted under Texas Education Code, §12.101(b-7), for a dropout recovery school shall not be considered for the purposes of the limit on the number of charters for open enrollment under the cap. Such charter, however, shall expire at the end of any school year in which the school does not meet the statutory definition of dropout recovery as determined by the Texas Education Agency from the applicable Public Education Information Management System (PEIMS) report. A dropout recovery school shall be defined as a school that:
  (1) serves students in Grades 9-12;
  (2) has an enrollment of which 50% of students are 17 years of age or older as of September 1 of the school year as reported for the fall semester PEIMS submission; and
  (3) meets eligibility requirements for and is registered under alternative education accountability (AEA) procedures.

Source Note: The provisions of this §100.1003 adopted to be effective September 18, 2014, 39 TexReg 7295