reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.026. Change in Governing Body

Sec. 12.026.  CHANGE IN GOVERNING BODY.  If the adoption, amendment, or revocation of a home-rule school district charter changes the structure of the governing body of the school district, the members of the governing body serving on the date the adoption, amendment, or revocation takes effect continue in office until their successors are chosen and have qualified for office.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.027. Basis for Placement on Probation or Revocation of Charter

Sec. 12.027.  BASIS FOR PLACEMENT ON PROBATION OR REVOCATION OF CHARTER.  (a)  The State Board of Education may place on probation or revoke a home-rule school district charter of a school district if the board determines that the district:
(1)  committed a material violation of the charter, including by failure to comply with the duty to discharge or refuse to hire certain employees or applicants for employment, as provided by Section 12.0271;
(2)  failed to satisfy generally accepted accounting standards of fiscal management; or
(3)  failed to comply with this subchapter or other applicable federal or state law or rule.
(b)  The action the board takes under Subsection (a) shall be based on the best interest of district students, the severity of the violation, and any previous violation the district has committed.
(c)  A district whose home-rule school district charter is revoked or rescinded under this subchapter shall operate under the other provisions of Title 1 and this title that apply to school districts.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.001, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.0271. Failure to Discharge or Refuse to Hire Certain Employees or Applicants

Sec. 12.0271.  FAILURE TO DISCHARGE OR REFUSE TO HIRE CERTAIN EMPLOYEES OR APPLICANTS.  A home-rule school district commits a material violation of the school district's charter if the school district fails to comply with the duty to discharge or refuse to hire certain employees or applicants for employment under Section 22.085 or 22.092.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.002, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.028. Procedure for Placement on Probation or Revocation

Sec. 12.028.  PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.  (a)  The State Board of Education by rule shall adopt a procedure to be used for placing on probation or revoking a home-rule school district charter.
(b)  The procedure adopted under Subsection (a) must provide an opportunity for a hearing to the district and to parents of district students.  A hearing under this subsection must be held in the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.029. Status of District in Case of Annexation or Consolidation

Sec. 12.029.  STATUS OF DISTRICT IN CASE OF ANNEXATION OR CONSOLIDATION.  (a)  If a school district is annexed to another district under Chapter 13, and only one of the districts has a home-rule school district status, the status, as a home-rule or other type of school district, of the receiving district is the status for both districts following annexation.
(b)  Except as provided by Subchapter H, Chapter 49,  if two or more school districts having different status, one of which is home-rule school district status, consolidate into a single district, the petition under Section 13.003 initiating the consolidation must state the status for the consolidated district.  The ballot shall be printed to permit voting for or against the proposition:  "Consolidation of (names of school districts) into a single school district governed as (status of school district specified in the petition)."
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.009, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.030. Rescission of Charter

Sec. 12.030.  RESCISSION OF CHARTER.  (a)  A home-rule school district charter may be rescinded as provided by this section.
(b)  The governing body of the district shall order an election on the question of rescinding a home-rule school district charter if:
(1)  the governing body receives a petition requesting a rescission election signed by at least five percent of the registered voters of the district;  or
(2)  at least two-thirds of the total membership of the governing body adopt a resolution ordering that a rescission election be held.
(c)  As soon as practicable after the date of receipt or adoption of a resolution under Subsection (b), the governing body shall order an election.
(d)  The proposition to rescind the home-rule school district charter shall be submitted to the voters of the district at an election to be held on the first uniform election date that occurs at least 45 days after the date on which the governing body orders the election.
(e)  The ballot shall be printed to permit voting for or against the proposition:  "Whether the home-rule school district charter of (name of school district) shall be rescinded so that the school district becomes an independent school district."
(f)  A home-rule school district charter is rescinded if the rescission is approved by a majority of the qualified voters of the district voting at an election held for that purpose at which at least 25 percent of the registered voters of the district vote.
(g)  The rescission takes effect on a date established by resolution of the governing body but not later than the 90th day after the date of an election held under this section at which rescission of the charter is approved and at which the number of registered voters required under Subsection (f) vote.  As soon as practicable after that election, the governing body shall notify the commissioner and the secretary of state of the results of the election and of the effective date of the rescission.
(h)  The rescission of a home-rule school district charter under this section does not affect:
(1)  the district's boundaries;  or
(2)  taxes or bonds of the district authorized before the effective date of the rescission.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.051. Definitions

Sec. 12.051.  DEFINITIONS.  In this subchapter:
(1)  "Parent" means the parent who is indicated on the student registration form at that school campus.
(2)  "Board" and "board of trustees" mean the board of trustees of a school district or the governing body of a home-rule school district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.052. Authorization

Sec. 12.052.  AUTHORIZATION.  (a)  In accordance with this subchapter, the board of trustees of a school district or the governing body of a home-rule school district shall grant or deny, through a public vote of the board of trustees or governing body, a charter to parents and teachers for a campus or a program on a campus if the board is presented with a petition signed by:
(1)  the parents of a majority of the students at that school campus; and
(2)  a majority of the classroom teachers at that school campus.
(b)  For purposes of Subsection (a)(1), the signature of only one parent of a student is required.
(c)  The board of trustees may not arbitrarily deny a charter under this section.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.0521. Alternative Authorization

Sec. 12.0521.  ALTERNATIVE AUTHORIZATION.  (a)  Notwithstanding Section 12.052, in accordance with this subchapter and in the manner provided by this section, the board of trustees of a school district or the governing body of a home-rule school district may grant a charter for:
(1)  a new district campus;  or
(2)  a program that is operated:
(A)  by an entity that has entered into a contract with the district under Section 11.157 to provide educational services to the district through the campus or program;  and
(B)  at a facility located in the boundaries of the district.
(b)  A student's parent or guardian may choose to enroll the student at a campus or in a program under this section.  A school district may not assign a student to a campus or program under this section unless the student's parent or guardian has voluntarily enrolled the student at the campus or in the program.  A student's parent or guardian may, at any time, remove the student from a campus or program under this section and enroll the student at the campus to which the student would ordinarily be assigned.
(c)  A school district may not assign to a campus or program under this section a teacher who has signed a written statement that the teacher does not agree to that assignment.
Added by Acts 2003, 78th Leg., ch. 1212, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.0522. District Charter Authorization

Sec. 12.0522.  DISTRICT CHARTER AUTHORIZATION.  (a)  Notwithstanding Section 12.052, in the manner provided by this section, the board of trustees of a school district or the governing body of a home-rule school district may grant a district charter to a campus to the extent authorized under this section.
(b)  Except as otherwise provided by this subsection or Subsection (c), a district charter may be granted under this section only to one or more campuses serving in total a percentage of the district's student enrollment equal to not more than 15 percent of the district's student enrollment for the preceding school year.  The percentage limit may not prevent a district from granting a district charter to at least one feeder pattern of schools, including an elementary, middle or junior high, and high school.
(c)  A district charter may be granted to any campus that has received the lowest performance rating under Subchapter C, Chapter 39.
(d)  Subchapter D applies to a campus granted a district charter under this section as though the campus were granted a charter under Subchapter D, and the campus is considered an open-enrollment charter school.
(e)  A charter granted under this section is not considered for purposes of the limit on the number of charters for open-enrollment charter schools imposed by Section 12.101.
(f)  The commissioner may adopt rules as necessary for the administration of this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.053. Cooperative Campus Charter

Sec. 12.053.  COOPERATIVE CAMPUS CHARTER.  (a)  The board of trustees may grant a charter to parents and teachers at two or more campuses in the district for a cooperative charter program if the board is presented with a petition signed by:
(1)  the parents of a majority of the students at each school campus;  and
(2)  a majority of the classroom teachers at each school campus.
(b)  For purposes of Subsection (a)(1), the signature of only one parent is required.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.0531. Performance Contract; Duration of Charter

Sec. 12.0531.  PERFORMANCE CONTRACT; DURATION OF CHARTER.  If a charter is granted under this subchapter, the board of trustees of the school district that granted the charter shall enter into a performance contract with the principal or equivalent chief operating officer of the campus or program.  The performance contract must specify enhanced authority granted to the principal or equivalent officer in order to achieve the academic goals that must be met by campus or program students.  A charter granted under this subchapter expires 10 years from the date the charter is granted unless the specified goals are substantially met, as determined by the board of trustees of the school district that granted the charter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.0532. Neighborhood School

Sec. 12.0532.  NEIGHBORHOOD SCHOOL.  (a)  A charter granted under this subchapter for a campus may, as determined by the board of trustees of the school district granting the charter, provide for the campus to be a neighborhood school.
(b)  Except as otherwise provided by this subsection, the principal or equivalent chief operating officer of a neighborhood school shall manage the funding provided for the school under this code and any other funding provided for the school in the manner the principal or other officer determines best meets the needs of the school's students.  The district in which the school is located may retain that portion of funding that the district generally withholds from a campus for costs associated with the salary of the district superintendent or other district governance.
(c)  The principal or equivalent chief operating officer of a neighborhood school may use school funding to purchase from the school district in which the school is located services for the school, including bus service, facilities maintenance services, and other services generally provided by a school district to district campuses.  The school shall pay for each service an amount that reflects the actual cost to the district of providing the service for the number of the school's students for which the service is provided.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.054. Authority Under Charter

Sec. 12.054.  AUTHORITY UNDER CHARTER.  A campus or program for which a charter is granted under this subchapter:
(1)  is exempt from the instructional and academic rules and policies of the board of trustees from which the campus or program is specifically exempted in the charter;  and
(2)  retains authority to operate under the charter only if students at the campus or in the program perform satisfactorily as provided by the charter in accordance with Section 12.059.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1997, 75th Leg., ch. 1335, Sec. 2, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.055. Applicability of Laws and Rules to Campus or Program Granted Charter

Sec. 12.055.  APPLICABILITY OF LAWS AND RULES TO CAMPUS OR PROGRAM GRANTED CHARTER.  (a)  A campus or program for which a charter is granted under this subchapter is subject to federal and state laws and rules governing public schools, except that the campus or program is subject to this code and rules adopted under this code only to the extent the applicability to a campus or program for which a charter is granted under this subchapter of a provision of this code or a rule adopted under this code is specifically provided.
(b)  A school district may contract with another district or an open-enrollment charter school for services at a campus charter.  An employee of the district or open-enrollment charter school providing contracted services to a campus charter is eligible for membership in and benefits from the Teacher Retirement System of Texas if the employee would be eligible for membership and benefits if holding the same position at the employing district or open-enrollment charter school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 21, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 5, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.056. Applicability of Title

Sec. 12.056.  APPLICABILITY OF TITLE.  (a)  A campus or program for which a charter is granted under this subchapter has the powers granted to schools under this title.
(b)  A campus or program for which a charter is granted under this subchapter is subject to:
(1)  a provision of this title establishing a criminal offense; and
(2)  a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:
(A)  the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;
(B)  criminal history records under Subchapter C, Chapter 22;
(C)  high school graduation under Section 28.025;
(D)  special education programs under Subchapter A, Chapter 29;
(E)  bilingual education under Subchapter B, Chapter 29;
(F)  prekindergarten programs under Subchapter E, Chapter 29, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply;
(G)  extracurricular activities under Section 33.081;
(H)  health and safety under Chapter 38;
(I)  the provisions of Subchapter A, Chapter 39;
(J)  public school accountability and special investigations under Subchapters A, B, C, D, F, and J, Chapter 39, and Chapter 39A;
(K)  the duty to discharge or refuse to hire certain employees or applicants for employment under Section 12.1059; and
(L)  parental options to retain a student under Section 28.02124.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 14, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 6, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(7), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.003, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 2, eff. June 16, 2021.
Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 4, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.03, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 6.002, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.057. Status

Sec. 12.057.  STATUS.  (a)  With respect to the operation of a campus or program granted a charter under this subchapter, the governing body of the campus or program provided for under the charter is considered a governmental body for purposes of Chapters 551 and 552, Government Code.
(b)  An employee of an independent school district who is employed on a campus or program granted a charter under this subchapter and who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system in the same manner and to the same extent as a qualified employee of the independent school district who is employed on a regularly operating campus or in a regularly operating program.
(b-1)  An employee of a charter holder, as defined by Section 12.1012, who is employed on a campus or in a program granted a charter under this subchapter and who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system in the same manner and to the same extent as a qualified employee of an independent school district who is employed on a regularly operating campus or in a regularly operating program.
(c)  A campus or program granted a charter under Section 12.052, 12.0521(a)(1), or 12.053 is immune from liability to the same extent as a school district, and its employees and volunteers are immune from liability to the same extent as school district employees and volunteers.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 1212, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 1, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1078 (H.B. 3357), Sec. 22, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 7, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.058. Charter Policy

Sec. 12.058.  CHARTER POLICY.  Each school district shall adopt a campus charter and program charter policy.  The policy must specify:
(1)  the process to be followed for approval of a campus charter or a program charter;
(2)  the statutory requirements with which a campus charter or program charter must comply;  and
(3)  the items that must be included in a charter application.
Added by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1212, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.059. Content

Sec. 12.059.  CONTENT.  Each charter granted under this subchapter must:
(1)  describe the educational program to be offered, which may be a general or specialized program;
(2)  provide that continuation of the charter is contingent on satisfactory student performance under Subchapter B, Chapter 39, satisfactory financial performance under Subchapter D, Chapter 39, and compliance with other applicable accountability provisions under Chapters 39 and 39A;
(3)  specify any basis, in addition to a basis specified by this subchapter, on which the charter may be revoked;
(4)  prohibit discrimination in admission on the basis of national origin, ethnicity, race, religion, or disability;
(5)  describe the governing structure of the campus or program;
(6)  specify any procedure or requirement, in addition to those under Chapter 38, that the campus or program will follow to ensure the health and safety of students and employees; and
(7)  describe the manner in which an annual audit of financial and programmatic operations of the campus or program is to be conducted, including the manner in which the campus or program will provide information necessary for the school district in which it is located to participate, as required by this code or by commissioner rule, in the Public Education Information Management System (PEIMS).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.058 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 8, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(8), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.060. Form

Sec. 12.060.  FORM.  A charter shall be in the form and substance of a written contract signed by the president of the board of trustees granting the charter and the chief operating officer of the campus or program for which the charter is granted.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.059 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.061. Charter Granted

Sec. 12.061.  CHARTER GRANTED.  Each charter a board of trustees grants under this subchapter must:
(1)  satisfy this subchapter;  and
(2)  include the information that is required under Section 12.059 consistent with the information provided in the application and any modification the board requires.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.060 and amended by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.062. Revision

Sec. 12.062.  REVISION.  (a)  A charter granted under Section 12.052 or 12.053 may be revised:
(1)  with the approval of the board of trustees that granted the charter;  and
(2)  on a petition signed by a majority of the parents and a majority of the classroom teachers at the campus or in the program, as applicable.
(b)  A charter granted under Section 12.0521 may be revised with the approval of the board of trustees that granted the charter.  A charter may be revised under this subsection only before the first day of instruction of a school year or after the final day of instruction of a school year.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.061 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 1212, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.063. Basis for Placement on Probation or Revocation

Sec. 12.063.  BASIS FOR PLACEMENT ON PROBATION OR REVOCATION.  (a)  A board of trustees may place on probation or revoke a charter it grants if the board determines that the campus or program:
(1)  committed a material violation of the charter, including by failure to comply with the duty to discharge or refuse to hire certain employees or applicants for employment, as provided by Section 12.0631;
(2)  failed to satisfy generally accepted accounting standards of fiscal management; or
(3)  failed to comply with this subchapter, another law, or a state agency rule.
(b)  The action the board takes under Subsection (a) shall be based on the best interest of campus or program students, the severity of the violation, and any previous violation the campus or program has committed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.062 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.004, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.0631. Failure to Discharge or Refuse to Hire Certain Employees or Applicants

Sec. 12.0631.  FAILURE TO DISCHARGE OR REFUSE TO HIRE CERTAIN EMPLOYEES OR APPLICANTS.  A campus or campus program granted a charter under this subchapter commits a material violation of its charter if the campus or program fails to comply with the duty to discharge or refuse to hire certain employees or applicants for employment under Section 12.1059, 22.085, or 22.092.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.005, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.064. Procedure for Placement on Probation or Revocation

Sec. 12.064.  PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.  (a)  Each board of trustees that grants a charter under this subchapter shall adopt a procedure to be used for placing on probation or revoking a charter it grants.
(b)  The procedure adopted under Subsection (a) must provide an opportunity for a hearing to the campus or program for which a charter is granted under this subchapter and to parents and guardians of students at the campus or in the program.  A hearing under this subsection must be held on the campus or on one of the campuses in the case of a cooperative charter program.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.063 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter C. Campus or Campus Program Charter › Section 12.065. Admission

Sec. 12.065.  ADMISSION.  (a)  Eligibility criteria for admission of students to the campus or program for which a charter is granted under this subchapter must give priority on the basis of geographic and residency considerations.  After priority is given on those bases, secondary consideration may be given to a student's age, grade level, or academic credentials in general or in a specific area, as necessary for the type of program offered.
(b)  The campus or program may require an applicant to submit an application not later than a reasonable deadline the campus or program establishes.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Education Code Sec. 12.064 by Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1011. Charter Authorization for High-Performing Entities

Sec. 12.1011.  CHARTER AUTHORIZATION FOR HIGH-PERFORMING ENTITIES.  (a)  Notwithstanding Section 12.101(b), the commissioner may grant a charter for an open-enrollment charter school to an applicant that is:
(1)  an eligible entity under Section 12.101(a)(3) that proposes to operate the charter school program of a charter operator that operates one or more charter schools in another state and with which the eligible entity is affiliated and, as determined by the commissioner in accordance with commissioner rule, has performed at a level of performance comparable to performance under the highest or second highest performance rating category under Subchapter C, Chapter 39; or
(2)  an entity that has operated one or more charter schools established under this subchapter or Subchapter C or E and, as determined by the commissioner in accordance with commissioner rule, has performed in the highest or second highest performance rating category under Subchapter C, Chapter 39.
(b)  A charter holder granted a charter for an open-enrollment charter school under Subsection (a) may vest management of corporate affairs in a member entity provided that the member entity may change the members of the governing body of the charter holder before the expiration of a member's term only with the express written approval of the commissioner.
(c)  The initial term of a charter granted under this section is five years.
(d)  The commissioner shall adopt rules to modify criteria for granting a charter for an open-enrollment charter school under this section to the extent necessary to address changes in performance rating categories under Subchapter C, Chapter 39.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 10, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1012. Definitions

Sec. 12.1012.  DEFINITIONS.  In this subchapter:
(1)  "Charter holder" means the entity to which a charter is granted under this subchapter.
(2)  "Governing body of a charter holder" means the board of directors, board of trustees, or other governing body of a charter holder.
(3)  "Governing body of an open-enrollment charter school" means the board of directors, board of trustees, or other governing body of an open-enrollment charter school.  The term includes the governing body of a charter holder if that body acts as the governing body of the open-enrollment charter school.
(4)  "Management company" means a person, other than a charter holder, who provides management services for an open-enrollment charter school.
(5)  "Management services" means services related to the management or operation of an open-enrollment charter school, including:
(A)  planning, operating, supervising, and evaluating the school's educational programs, services, and facilities;
(B)  making recommendations to the governing body of the school relating to the selection of school personnel;
(C)  managing the school's day-to-day operations as its administrative manager;
(D)  preparing and submitting to the governing body of the school a proposed budget;
(E)  recommending policies to be adopted by the governing body of the school, developing appropriate procedures to implement policies adopted by the governing body of the school, and overseeing the implementation of adopted policies; and
(F)  providing leadership for the attainment of student performance at the school based on the indicators adopted under Sections 39.053 and 39.301 or by the governing body of the school.
(6)  "Officer of an open-enrollment charter school" means:
(A)  the principal, director, or other chief operating officer of an open-enrollment charter school;
(B)  an assistant principal or assistant director of an open-enrollment charter school;  or
(C)  a person charged with managing the finances of an open-enrollment charter school.
(7)  "Payable obligation" means a contractually obligated expenditure that was reasonably incurred for the benefit of students enrolled at an open-enrollment charter school before the open-enrollment charter school ceased operations, including a debt described by Section 12.128(e).  The term does not include any amount owed to a former charter holder or officer or director of the school.
(8)  "Remaining funds" means funds that are held by a former charter holder after satisfaction of all payable obligations and that were received:
(A)  under Section 12.106; or
(B)  from the disposition of property.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 15, eff. June 19, 2009.
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 1, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.10125. Open-Enrollment Charter School Not in Operation

Sec. 12.10125.  OPEN-ENROLLMENT CHARTER SCHOOL NOT IN OPERATION.  An open-enrollment charter school ceases to operate if:
(1)  the school's charter:
(A)  has been revoked;
(B)  has expired;
(C)  has been surrendered; or
(D)  has been abandoned; or
(2)  the school has otherwise ceased operation as a public school.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 2, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1013. Charter Authorizer Accountability

Sec. 12.1013.  CHARTER AUTHORIZER ACCOUNTABILITY.  (a)  The commissioner shall select a center for education research authorized by Section 1.005 to prepare an annual report concerning the performance of open-enrollment charter schools by authorizer compared to campus charters and matched traditional campuses, which shall be provided annually under Subchapters J and K, Chapter 39.
(b)  The format of the report must enable the public to distinguish and compare the performance of each type of public school by classifying the schools as follows:
(1)  open-enrollment charters granted by the State Board of Education;
(2)  open-enrollment charters granted by the commissioner;
(3)  charters granted by school districts; and
(4)  matched traditional campuses.
(c)  The report must include the performance of each public school in each class described by Subsection (b) as measured by the achievement indicators adopted under Section 39.053(c) and student attrition rates.
(d)  The report must also:
(1)  aggregate and compare the performance of open-enrollment charter schools granted charters by the State Board of Education, open-enrollment charter schools granted charters by the commissioner, campuses and programs granted charters by school districts, and matched traditional campuses; and
(2)  rate the aggregate performance of elementary, middle or junior high, and high schools within each class described by Subsection (b) as indicated by the composite rating that would be assigned to the class of elementary, middle or junior high, and high schools if the students attending all schools in that class were cumulatively enrolled in one elementary, middle or junior high, or high school.
(e)  The report must also include an analysis of whether the performance of matched traditional campuses would likely improve if there were consolidation of school districts within the county in which the campuses are located.  This subsection applies only to a county that includes at least seven school districts and at least 10 open-enrollment charter schools.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 11, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1094 (H.B. 2804), Sec. 11, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 807 (H.B. 22), Sec. 3, eff. June 15, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1014. Authorization for Grant of Charters for Schools Primarily Serving Students With Disabilities

Sec. 12.1014.  AUTHORIZATION FOR GRANT OF CHARTERS FOR SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES.  (a)  The commissioner may grant under Section 12.101 a charter on the application of an eligible entity for an open-enrollment charter school intended primarily to serve students eligible to receive services under Subchapter A, Chapter 29.
(b)  The limit on the number of charters for open-enrollment charter schools imposed by Section 12.101 does not apply to a charter granted under this section to a school at which at least 50 percent of the students are eligible to receive services under Subchapter A, Chapter 29.  Not more than five charters may be granted for schools described by this subsection.
(c)  For purposes of the applicability of state and federal law, including a law prescribing requirements concerning students with disabilities, an open-enrollment charter school described by Subsection (a) is considered the same as any other school for which a charter is granted under Section 12.101.
(d)  To the fullest extent permitted under federal law, a parent of a student with a disability may choose to enroll the parent's child in an open-enrollment charter school described by Subsection (a) regardless of whether a disproportionate number of the school's students are students with disabilities.
(e)  This section does not authorize an open-enrollment charter school to discriminate in admissions or in the services provided based on the presence, absence, or nature of an applicant's or student's disability.
(f)  The commissioner and the State Board for Educator Certification shall adopt rules as necessary to administer this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 12, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.102. Authority Under Charter

Sec. 12.102.  AUTHORITY UNDER CHARTER.  An open-enrollment charter school:
(1)  shall provide instruction to students at one or more elementary or secondary grade levels as provided by the charter;
(2)  is governed under the governing structure described by the charter;
(3)  retains authority to operate under the charter to the extent authorized under Sections 12.1141 and 12.115 and Chapter 39A; and
(4)  does not have authority to impose taxes.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 13, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(9), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.103. General Applicability of Laws, Rules, and Ordinances to Open-Enrollment Charter School

Sec. 12.103.  GENERAL APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  Except as provided by Subsection (b) or (c), an open-enrollment charter school is subject to federal and state laws and rules governing public schools and to municipal zoning ordinances governing public schools.
(b)  An open-enrollment charter school is subject to this code and rules adopted under this code only to the extent the applicability to an open-enrollment charter school of a provision of this code or a rule adopted under this code is specifically provided.
(c)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 4, eff. Sept. 1, 2001.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.105. Status

Sec. 12.105.  STATUS.  An open-enrollment charter school is part of the public school system of this state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999;  Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1051. Applicability of Open Meetings and Public Information Laws

Sec. 12.1051.  APPLICABILITY OF OPEN MEETINGS AND PUBLIC INFORMATION LAWS.  (a)  With respect to the operation of an open-enrollment charter school, the governing body of a charter holder and the governing body of an open-enrollment charter school are considered to be governmental bodies for purposes of Chapters 551 and 552, Government Code.
(b)  With respect to the operation of an open-enrollment charter school, any requirement in Chapter 551 or 552, Government Code, or another law that concerns open meetings or the availability of information, that applies to a school district, the board of trustees of a school district, or public school students applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or students attending an open-enrollment charter school.
Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(b) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 3.01, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter D. Open-Enrollment Charter School › Section 12.1052. Applicability of Laws Relating to Local Government Records

Sec. 12.1052.  APPLICABILITY OF LAWS RELATING TO LOCAL GOVERNMENT RECORDS.  (a)  With respect to the operation of an open-enrollment charter school, an open-enrollment charter school is considered to be a local government for purposes of Subtitle C, Title 6, Local Government Code, and Subchapter J, Chapter 441, Government Code.
(b)  Records of an open-enrollment charter school and records of a charter holder that relate to an open-enrollment charter school are government records for all purposes under state law.
(c)  Any requirement in Subtitle C, Title 6, Local Government Code, or Subchapter J, Chapter 441, Government Code, that applies to a school district, the board of trustees of a school district, or an officer or employee of a school district applies to an open-enrollment charter school, the governing body of a charter holder, the governing body of an open-enrollment charter school, or an officer or employee of an open-enrollment charter school except that the records of an open-enrollment charter school that ceases to operate shall be transferred in the manner prescribed by Subsection (d).
(d)  The records of an open-enrollment charter school that ceases to operate shall be transferred in the manner specified by the commissioner to a custodian designated by the commissioner.  The commissioner may designate any appropriate entity to serve as custodian, including the agency, a regional education service center, or a school district.  In designating a custodian, the commissioner shall ensure that the transferred records, including student and personnel records, are transferred to a custodian capable of:
(1)  maintaining the records;
(2)  making the records readily accessible to students, parents, former school employees, and other persons entitled to access;  and
(3)  complying with applicable state or federal law restricting access to the records.
(e)  If the charter holder of an open-enrollment charter school that ceases to operate or an officer or employee of such a school refuses to transfer school records in the manner specified by the commissioner under Subsection (d), the commissioner may ask the attorney general to petition a court for recovery of the records.  If the court grants the petition, the court shall award attorney's fees and court costs to the state.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.