reglab/statecodes huggingface dataset:
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 12.120. Restrictions on Serving as Member of Governing Body of Charter Holder or Open-Enrollment Charter School or as Officer or Employee

Sec. 12.120.  RESTRICTIONS ON SERVING AS MEMBER OF GOVERNING BODY OF CHARTER HOLDER OR OPEN-ENROLLMENT CHARTER SCHOOL OR AS OFFICER OR EMPLOYEE.  (a)  A person may not serve as a member of the governing body of a charter holder, as a member of the governing body of an open-enrollment charter school, or as an officer or employee of an open-enrollment charter school if the person:
(1)  has been convicted of a felony or a misdemeanor involving moral turpitude;
(2)  has been convicted of an offense listed in Section 37.007(a);
(3)  has been convicted of an offense listed in Article 62.001(5), Code of Criminal Procedure; or
(4)  has a substantial interest in a management company.
(a-1)  Notwithstanding Subsection (a), subject to Section 12.1059, an open-enrollment charter school may employ a person:
(1)  as a teacher or educational aide if:
(A)  a school district could employ the person as a teacher or educational aide; or
(B)  a school district could employ the person as a teacher or educational aide if the person held the appropriate certificate issued under Subchapter B, Chapter 21, and the person has never held a certificate issued under Subchapter B, Chapter 21; or
(2)  in a position other than a position described by Subdivision (1) if a school district could employ the person in that position.
(b)  For purposes of Subsection (a)(4), a person has a substantial interest in a management company if the person:
(1)  has a controlling interest in the company;
(2)  owns more than 10 percent of the voting interest in the company;
(3)  owns more than $25,000 of the fair market value of the company;
(4)  has a direct or indirect participating interest by shares, stock, or otherwise, regardless of whether voting rights are included, in more than 10 percent of the profits, proceeds, or capital gains of the company;
(5)  is a member of the board of directors or other governing body of the company;
(6)  serves as an elected officer of the company;  or
(7)  is an employee of the company.
Added by Acts 1999, 76th Leg., ch. 1335, Sec. 3, eff. June 19, 1999.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 17, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1008 (H.B. 867), Sec. 2.04, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 639 (H.B. 647), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 32, 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 12.1202. Requirement for Majority of Members of Governing Body

Sec. 12.1202.  REQUIREMENT FOR MAJORITY OF MEMBERS OF GOVERNING BODY.  A majority of the members of the governing body of an open-enrollment charter school or the governing body of a charter holder must be qualified voters.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 33, 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 12.121. Responsibility for Open-Enrollment Charter School

Sec. 12.121.  RESPONSIBILITY FOR OPEN-ENROLLMENT CHARTER SCHOOL.  The governing body of an open-enrollment charter school is responsible for the management, operation, and accountability of the school, regardless of whether the governing body delegates the governing body's powers and duties to another person.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.1211. Names of Members of Governing Body Listed on Website

Sec. 12.1211.  NAMES OF MEMBERS OF GOVERNING BODY LISTED ON WEBSITE.  An open-enrollment charter school shall list the names of the members of the governing body on the home page of the school's Internet website.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 34, 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 12.122. Liability of Members of Governing Body of Open-Enrollment Charter School

Sec. 12.122.  LIABILITY OF MEMBERS OF GOVERNING BODY OF OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  Notwithstanding the applicable provisions of the Business Organizations Code or other law, on request of the commissioner, the attorney general may bring suit against a member of the governing body of an open-enrollment charter school for breach of a fiduciary duty by the member, including misapplication of public funds.
(b)  The attorney general may bring suit under Subsection (a) for:
(1)  damages;
(2)  injunctive relief;  or
(3)  any other equitable remedy determined to be appropriate by the court.
(c)  This section is cumulative of all other remedies.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 35, 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 12.123. Training for Members of Governing Body of School and Officers

Sec. 12.123.  TRAINING FOR MEMBERS OF GOVERNING BODY OF SCHOOL AND OFFICERS.  (a)  The commissioner shall adopt rules prescribing training for:
(1)  members of governing bodies of open-enrollment charter schools;  and
(2)  officers of open-enrollment charter schools.
(b)  The rules adopted under Subsection (a) may:
(1)  specify the minimum amount and frequency of the training;
(2)  require the training to be provided by:
(A)  the agency and regional education service centers;
(B)  entities other than the agency and service centers, subject to approval by the commissioner;  or
(C)  both the agency, service centers, and other entities;  and
(3)  require training to be provided concerning:
(A)  basic school law, including school finance;
(B)  health and safety issues;
(C)  accountability requirements related to the use of public funds;  and
(D)  other requirements relating to accountability to the public, such as open meetings requirements under Chapter 551, Government Code, and public information requirements under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.124. Loans From Management Company Prohibited

Sec. 12.124.  LOANS FROM MANAGEMENT COMPANY PROHIBITED.  (a)  The charter holder or the governing body of an open-enrollment charter school may not accept a loan from a management company that has a contract to provide management services to:
(1)  that charter school;  or
(2)  another charter school that operates under a charter granted to the charter holder.
(b)  A charter holder or the governing body of an open-enrollment charter school that accepts a loan from a management company may not enter into a contract with that management company to provide management services to the school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.125. Contract for Management Services

Sec. 12.125.  CONTRACT FOR MANAGEMENT SERVICES.  Any contract, including a contract renewal, between an open-enrollment charter school and a management company proposing to provide management services to the school must require the management company to maintain all records related to the management services separately from any other records of the management company.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.126. Certain Management Services Contracts Prohibited

Sec. 12.126.  CERTAIN MANAGEMENT SERVICES CONTRACTS PROHIBITED.  The commissioner may prohibit, deny renewal of, suspend, or revoke a contract between an open-enrollment charter school and a management company providing management services to the school if the commissioner determines that the management company has:
(1)  failed to provide educational or related services in compliance with the company's contractual or other legal obligation to any open-enrollment charter school in this state or to any other similar school in another state;
(2)  failed to protect the health, safety, or welfare of the students enrolled at an open-enrollment charter school served by the company;
(3)  violated this subchapter or a rule adopted under this subchapter;  or
(4)  otherwise failed to comply with any contractual or other legal obligation to provide services to the school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.127. Liability of Management Company

Sec. 12.127.  LIABILITY OF MANAGEMENT COMPANY.  (a)  A management company that provides management services to an open-enrollment charter school is liable for damages incurred by the state as a result of the failure of the company to comply with its contractual or other legal obligation to provide services to the school.
(b)  On request of the commissioner, the attorney general may bring suit on behalf of the state against a management company liable under Subsection (a) for:
(1)  damages, including any state funding received by the company and any consequential damages suffered by the state;
(2)  injunctive relief;  or
(3)  any other equitable remedy determined to be appropriate by the court.
(c)  This section is cumulative of all other remedies and does not affect:
(1)  the liability of a management company to the charter holder;  or
(2)  the liability of a charter holder, a member of the governing body of a charter holder, or a member of the governing body of an open-enrollment charter school to the state.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.1282. Transfer of Property Purchased With State Funds

Sec. 12.1282.  TRANSFER OF PROPERTY PURCHASED WITH STATE FUNDS.  (a)  The agency may approve the transfer of property described by Section 12.128 from an open-enrollment charter school that has ceased to operate, or may transfer property conveyed to the agency by the former charter holder under Section 12.1281, to a school district or an open-enrollment charter school if:
(1)  the open-enrollment charter school or school district receiving the property:
(A)  agrees to the transfer; and
(B)  agrees to identify the property as purchased wholly or partly using state funds on the school's annual financial report filed under Section 44.008;
(2)  any creditor with a security interest in or lien on the property described by Section 12.128(e) agrees to the transfer; and
(3)  the transfer of the property does not make the open-enrollment charter school or school district receiving the property insolvent.
(b)  Property received by an open-enrollment charter school or school district under this section is considered to be state property under Section 12.128(a).
(c)  The commissioner may adopt rules necessary to administer this section, including rules establishing qualifications and priority for a school district or open-enrollment charter school to receive a transfer of property under this section.
(d)  If the agency determines that the cost of disposing of personal property described by Section 12.128 transferred to the agency by an open-enrollment charter school that ceases to operate exceeds the return of value from the sale of the property, the agency may distribute the personal property to open-enrollment charter schools and school districts in a manner determined by the commissioner.
(e)  A determination by the agency under this section is final and may not be appealed.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 8, 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 12.1283. Sale of Property Purchased With State Funds

Sec. 12.1283.  SALE OF PROPERTY PURCHASED WITH STATE FUNDS.  (a)  After the agency receives title to property described by Section 12.128, the agency may sell the property at any price acceptable to the agency.
(b)  On request of the agency, the following state agencies shall enter into a memorandum of understanding to sell property for the agency:
(1)  for real property, the General Land Office; and
(2)  for personal property, the Texas Facilities Commission.
(c)  A memorandum of understanding entered into as provided by Subsection (b) may allow the General Land Office or Texas Facilities Commission to recover from the sale proceeds any cost incurred by the office or commission in the sale of the property.
(d)  Subject to the satisfaction of any security interest or lien described by Section 12.128(e), proceeds from the sale of property under this section shall be deposited in the charter school liquidation fund.
(e)  The commissioner may adopt rules as necessary to administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 8, 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 12.1284. Closure of Charter School Operations

Sec. 12.1284.  CLOSURE OF CHARTER SCHOOL OPERATIONS.  (a)  After extinguishing all payable obligations owed by an open-enrollment charter school that ceases to operate, including a debt described by Section 12.128(e), a former charter holder shall:
(1)  remit to the agency:
(A)  any remaining funds described by Section 12.106(h); and
(B)  any state reimbursement amounts from the sale of property described by Section 12.128; or
(2)  transfer the remaining funds to another charter holder under Section 12.106(i).
(b)  The agency shall deposit any funds received under Subsection (a)(1) in the charter school liquidation fund.
(c)  The commissioner may adopt rules necessary to administer this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 8, 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 12.129. Minimum Qualifications for Principals and Teachers

Sec. 12.129.  MINIMUM QUALIFICATIONS FOR PRINCIPALS AND TEACHERS.  (a)  Except as provided by Subsection (b), a person employed as a principal or a teacher by an open-enrollment charter school must hold a baccalaureate degree.
(b)  In an open-enrollment charter school that serves youth referred to or placed in a residential trade center by a local or state agency, a person may be employed as a teacher for a noncore vocational course without holding a baccalaureate degree if the person has:
(1)  demonstrated subject matter expertise related to the subject taught, such as professional work experience, formal training and education, holding a relevant active professional industry license, certification, or registration, or any combination of work experience, training and education, and industry license, certification, or registration; and
(2)  received at least 20 hours of classroom management training, as determined by the governing body of the open-enrollment charter school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 38, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 343 (H.B. 1469), Sec. 1, eff. June 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 12.130. Notice of Teacher Qualifications

Sec. 12.130.  NOTICE OF TEACHER QUALIFICATIONS.  Each open-enrollment charter school shall provide to the parent or guardian of each student enrolled in the school written notice of the qualifications of each teacher employed by the school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 18, 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 12.131. Removal of Students to Disciplinary Alternative Education Program; Expulsion of Students

Sec. 12.131.  REMOVAL OF STUDENTS TO DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM;  EXPULSION OF STUDENTS.  (a)  The governing body of an open-enrollment charter school shall adopt a code of conduct for its district or for each campus.  In addition to establishing standards for behavior, the code of conduct shall outline generally the types of prohibited behaviors and their possible consequences.  The code of conduct shall also outline the school's due process procedures with respect to expulsion.  Notwithstanding any other provision of law, a final decision of the governing body of an open-enrollment charter school with respect to actions taken under the code of conduct may not be appealed.
(b)  An open-enrollment charter school may not elect to expel a student for a reason that is not authorized by Section 37.007 or specified in the school's code of conduct as conduct that may result in expulsion.
(c)  Notwithstanding any other provision, Section 37.002 and its provisions, wherever referenced, are not applicable to an open-enrollment charter school unless the governing body of the school so determines.
Added by Acts 2003, 78th Leg., ch. 1055, 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 D. Open-Enrollment Charter School › Section 12.132. Use of Municipal Funds for Charter School Land or Facilities

Sec. 12.132.  USE OF MUNICIPAL FUNDS FOR CHARTER SCHOOL LAND OR FACILITIES.  A municipality to which a charter is granted under this subchapter may borrow funds, issue obligations, or otherwise spend its funds to acquire land or acquire, construct, expand, or renovate school buildings or facilities and related improvements for its open-enrollment charter school within the city limits of the municipality in the same manner the municipality is authorized to borrow funds, issue obligations, or otherwise spend its funds in connection with any other public works project.
Added by Acts 2003, 78th Leg., ch. 193, Sec. 2, eff. June 2, 2003.
Renumbered from Education Code, Section 12.131 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(11), eff. September 1, 2005.
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 12.135. Designation as Charter District for Purposes of Bond Guarantee

Sec. 12.135.  DESIGNATION AS CHARTER DISTRICT FOR PURPOSES OF BOND GUARANTEE.  (a)  On the application of the charter holder, the commissioner may grant designation as a charter district to an open-enrollment charter school that meets financial standards adopted by the commissioner.  The financial standards must require an open-enrollment charter school to have an investment grade credit rating as specified by Section 45.0541.
(b)  A charter district may apply for bonds issued under Chapter 53 for the open-enrollment charter school, including refunding and refinanced bonds, to be guaranteed by the permanent school fund as provided by Chapter 45.
Added by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 59.01, eff. September 28, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 280 (H.B. 885), Sec. 1, 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 12.136. Posting of Chief Executive Officer Salary

Sec. 12.136.  POSTING OF CHIEF EXECUTIVE OFFICER SALARY.  An open-enrollment charter school shall post on the school's Internet website the salary of the school's superintendent or, as applicable, of the administrator serving as educational leader and chief executive officer.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 39, 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 12.137. Certain Charter Holders Authorized to Provide Combined Services for Certain Adult and High School Dropout Recovery Programs

Sec. 12.137.  CERTAIN CHARTER HOLDERS AUTHORIZED TO PROVIDE COMBINED SERVICES FOR CERTAIN ADULT AND HIGH SCHOOL DROPOUT RECOVERY PROGRAMS.  (a)  This section applies only to:
(1)  an open-enrollment charter school designated as a dropout recovery school as described by Section 12.1141(c) if the enrollment of the school consists only of students 16 years of age and older; and
(2)  an adult education program provided under the adult high school charter school program under Subchapter G.
(b)  Notwithstanding any other law, an entity granted a charter to operate a charter school described by Subsection (a)(1) and a charter to provide an adult education program described by Subsection (a)(2) may, for the purpose of providing services to students enrolled in the charter school and the adult education program, place students, regardless of the age of the students, at the same facility and in the same classroom setting or learning environment, the same cafeteria, or the same activity sanctioned by the school and the program.
Added by Acts 2015, 84th Leg., R.S., Ch. 1234 (S.B. 2062), Sec. 1, eff. June 19, 2015.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1060 (H.B. 1051), Sec. 1, eff. June 14, 2019.
Acts 2021, 87th Leg., R.S., Ch. 93 (S.B. 879), Sec. 2, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 18, eff. May 31, 2021.
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 12.141. Reclaimed Funds

Sec. 12.141.  RECLAIMED FUNDS.  (a)  The agency shall deposit funds received under Sections 12.106, 12.128, 12.1281, 12.1283, and 12.1284 into the charter school liquidation fund and may use the funds to:
(1)  pay expenses relating to managing and closing an open-enrollment charter school that ceases to operate, including:
(A)  maintenance of the school's student and other records; and
(B)  the agency's personnel costs associated with managing and closing the school;
(2)  dispose of property described by Section 12.128; and
(3)  maintain property described by Section 12.128, including expenses for insurance, utilities, maintenance, and repairs.
(b)  The agency may not use funds under this section until the commissioner determines if the open-enrollment charter school that ceases to operate received an overallocation of funds under Section 12.106 that must be recovered for the Foundation School Program.
(c)  The agency shall annually review the amount of funds in the charter school liquidation fund and transfer any funds exceeding $2 million:
(1)  for use in funding a grant program established by the agency to:
(A)  encourage high school students to enter the teaching profession; and
(B)  assist current paraprofessionals and instructional aides in pursuing the necessary credentials to become full-time teachers; or
(2)  to the comptroller to deposit in the charter district bond guarantee reserve fund under Section 45.0571.
(d)  The agency may delay a transfer of funds under Subsection (c) if the excess is less than $100,000.  Funds set aside for an overallocation of funds from the Foundation School Program are not included in determining whether the amount of funds exceeds $2 million.
(e)  The commissioner may adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 9, eff. June 10, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.151. Definitions

Sec. 12.151.  DEFINITIONS.  In this subchapter, "public junior college" and "public senior college or university" have the meanings assigned by Section 61.003.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 631 (H.B. 1423), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.152. Authorization

Sec. 12.152.  AUTHORIZATION.  (a)  In accordance with this subchapter and Subchapter D, the commissioner may grant a charter on the application of:
(1)  a public senior college or university for an open-enrollment charter school to operate on the campus of the public senior college or university or, subject to Subsection (b), at another location in any county in this state; or
(2)  a public junior college for an open-enrollment charter school to operate on the campus of the public junior college or in the same county in which the campus of the public junior college is located.
(b)  In evaluating an application submitted under Subsection (a)(1) for a charter to operate an open-enrollment charter school in a county other than the county in which the campus of the applicant is located, the commissioner shall consider:
(1)  the locations of existing open-enrollment charter schools, as appropriate, to avoid duplication of services in the area in which the applicant proposes to operate the school; and
(2)  the need of the community in the area in which the applicant proposes to operate the school to have an additional open-enrollment charter school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 631 (H.B. 1423), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 40, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 617 (S.B. 955), Sec. 1, eff. June 16, 2015.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.153. Rules

Sec. 12.153.  RULES.  The commissioner may adopt rules to implement this subchapter.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.154. Content

Sec. 12.154.  CONTENT.  (a)  Notwithstanding Section 12.110(d), the commissioner may grant a charter under this subchapter to a public senior college or university only if the following criteria are satisfied in the public senior college's or university's application, as determined by the commissioner:
(1)  the college or university charter school's educational program must include innovative teaching methods;
(2)  the college or university charter school's educational program must be implemented under the direct supervision of a member of the teaching or research faculty of the public senior college or university;
(3)  the faculty member supervising the college or university charter school's educational program must have substantial experience and expertise in education research, teacher education, classroom instruction, or educational administration;
(4)  the college or university charter school's educational program must be designed to meet specific goals described in the charter, including improving student performance, and each aspect of the program must be directed toward the attainment of the goals;
(5)  the attainment of the college or university charter school's educational program goals must be measured using specific, objective standards set forth in the charter, including assessment methods and a time frame; and
(6)  the financial operations of the college or university charter school must be supervised by the business office of the public senior college or university.
(b)  Notwithstanding Section 12.110(d), the commissioner may grant a charter under this subchapter to a public junior college only if the following criteria are satisfied in the public junior college's application, as determined by the commissioner:
(1)  the junior college charter school's educational program must be implemented under the direct supervision of a member of the faculty of the public junior college;
(2)  the faculty member supervising the junior college charter school's educational program must have substantial experience and expertise in teacher education, classroom instruction, or educational administration;
(3)  the junior college charter school's educational program must be designed to meet specific goals described in the charter, such as dropout recovery, and each aspect of the program must be directed toward the attainment of the goals;
(4)  the attainment of the junior college charter school's educational program goals must be measured using specific, objective standards set forth in the charter, including assessment methods and a time frame; and
(5)  the financial operations of the junior college charter school must be supervised by the business office of the junior college.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 631 (H.B. 1423), Sec. 2, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 40, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.155. School Name

Sec. 12.155.  SCHOOL NAME.  The name of a college or university charter school or junior college charter school must include the name of the public senior college or university or public junior college, as applicable, operating the school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 631 (H.B. 1423), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter E. College or University or Junior College › Section 12.156. Applicability of Certain Provisions

Sec. 12.156.  APPLICABILITY OF CERTAIN PROVISIONS.  (a)  Except as otherwise provided by this subchapter, Subchapter D applies to a college or university charter school or junior college charter school as though the college or university charter school or junior college charter school, as applicable, were granted a charter under that subchapter.
(b)  A charter granted under this subchapter is not considered for purposes of the limit on the number of open-enrollment charter schools imposed by Section 12.101.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 631 (H.B. 1423), Sec. 3, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 41, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.251. Definitions

Sec. 12.251.  DEFINITIONS.   In this subchapter:
(1)  "Adult education" means services and instruction provided below the college level for adults by an eligible entity granted a charter under this subchapter.
(1-a)  "Eligible entity" means an entity described by Section 12.256.
(2)  "Program," unless the context indicates otherwise, means the adult high school charter school program under this subchapter.
Transferred, redesignated and amended from Education Code, Section 29.259(a) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 2, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 1, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.252. Applicability of Certain Provisions

Sec. 12.252.  APPLICABILITY OF CERTAIN PROVISIONS.  (a)  The provisions of this chapter relating to charter schools do not apply to an adult education program operated under a charter granted under this subchapter except as otherwise provided by this subchapter or by commissioner rule.
(b)  An adult education program operated under a charter 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 as determined by the commissioner to monitor compliance with this subchapter and, as applicable, Subchapter D;
(B)  criminal history records under Subchapter C, Chapter 22;
(C)  high school graduation requirements under Section 28.025, to the extent applicable to a program participant;
(D)  special education programs under Subchapter A, Chapter 29;
(E)  bilingual education under Subchapter B, Chapter 29;
(F)  health and safety under Chapter 38;
(G)  the requirement under Section 21.006 to report an educator's misconduct; and
(H)  the right of an employee to report a crime, as provided by Section 37.148.
Transferred, redesignated and amended from Education Code, Section 29.259(n) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 3, eff. May 31, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.253. Purpose

Sec. 12.253.  PURPOSE.   The purpose of the adult high school charter school program, as established under former Section 29.259 and provided by this subchapter, is to meet industry needs for a sufficiently trained workforce within the state and strengthen the economic and educational prosperity of the state.
Transferred, redesignated and amended from Education Code, Section 29.259(b) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 4, eff. May 31, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.254. Advisory Committee

Sec. 12.254.  ADVISORY COMMITTEE.  (a)  An advisory committee is established to make recommendations to the commissioner regarding:
(1)  the secondary exit-level assessment tool adopted or developed under Section 12.260 and the satisfactory performance level for that tool; and
(2)  the accountability frameworks adopted under Section 12.262, including the performance domains and measures in each framework.
(b)  The advisory committee is composed of seven members appointed as follows:
(1)  one member appointed by the governor;
(2)  one member appointed by the lieutenant governor;
(3)  one member appointed by the speaker of the house of representatives;
(4)  one member appointed by the commissioner;
(5)  one member appointed by the executive director of the Texas Workforce Commission;
(6)  one member appointed by the commissioner of higher education; and
(7)  the superintendent of the charter school operating under the charter granted under former Section 29.259.
(c)  Each member appointed to the advisory committee must have experience or expertise in adult or workforce education.
(d)  Members of the advisory committee serve at the pleasure of the appointing official.
(e)  The governor shall designate a member of the advisory committee as presiding officer to serve in that capacity at the pleasure of the governor.
(f)  Members of the advisory committee are not entitled to compensation but are entitled to reimbursement for actual and necessary expenses incurred in fulfilling committee duties.
(g)  Staff members of the agency shall provide administrative support for the advisory committee.
(h)  The agency shall provide funding for any administrative and operational expenses of the advisory committee.
Added by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 5, eff. May 31, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.255. Authorization for Charter

Sec. 12.255.  AUTHORIZATION FOR CHARTER.  (a)  Notwithstanding any other law and in addition to the number of charters allowed under Subchapter D, the commissioner may, subject to Subsection (c) and on the basis of an application submitted, grant a charter under the program to an eligible entity to provide an adult education program for individuals described by Section 12.258 to successfully complete:
(1)  a high school program that can lead to a diploma; and
(2)  career and technology education courses that can lead to industry certification.
(b)  An eligible entity, other than the nonprofit entity granted a charter under former Section 29.259, is not entitled to an automatic grant of a charter under this subchapter on the basis that the entity holds a charter or operates a charter school under another provision of this chapter.
(c)  Subject to Subsection (d), the commissioner may not grant more than 10 charters under this subchapter.
(d)  A charter granted under former Section 29.259 may not be counted toward the limit under Subsection (c).
(e)  Repealed by Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 13, eff. May 29, 2023.
Transferred, redesignated and amended from Education Code, Section 29.259(d) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 6, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 2, eff. May 29, 2023.
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 13, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.256. Eligible Entities

Sec. 12.256.  ELIGIBLE ENTITIES.  An entity is eligible for a charter to operate an adult education program under this subchapter if:
(1)  the entity is:
(A)  a nonprofit entity;
(B)  a school district;
(C)  an entity granted a charter under Subchapter D; or
(D)  a general academic teaching institution, public junior college, or public technical institute, as those terms are defined by Section 61.003; and
(2)  the entity, or a member of the entity's executive leadership, has a successful history of providing education services, including industry certifications and job placement services, to adults 18 years of age and older whose educational and training opportunities have been limited by educational disadvantages, disabilities, homelessness, criminal history, or similar marginalizing circumstances.
Transferred, redesignated and amended from Education Code, Section 29.259(e) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 7, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 3, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.2565. Application Process

Sec. 12.2565.  APPLICATION PROCESS.  (a)  The commissioner shall accept applications for a charter to operate an adult education program under this subchapter during the 60-day period beginning on September 1 of each year.
(b)  The commissioner shall provide each applicant with:
(1)  not later than the 60th day following the last day of the period described by Subsection (a):
(A)  written notice of the commissioner's preliminary decision to grant or deny the charter; and
(B)  a written explanation of the reasons for denying the charter, if applicable; and
(2)  an opportunity to cure any defects in the application, if applicable.
Added by Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 4, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.257. Application; Charter Content

Sec. 12.257.  APPLICATION; CHARTER CONTENT.  (a)  An eligible entity must include in its charter application the information required by Subsection (b).
(b)  A charter granted under this subchapter must:
(1)  include a description of the adult education program to be offered under this subchapter; and
(2)  establish specific, objective standards for receiving a high school diploma, including:
(A)  successful completion of:
(i)  if applicable to the program participant, the curriculum requirements under Section 28.025; or
(ii)  the appropriate curriculum requirements applicable to the program participant; and
(B)  satisfactory performance on the standardized secondary exit-level assessment instrument described by Section 12.260.
Transferred, redesignated and amended from Education Code, Section 29.259(h), (i) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 8, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 5, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.258. Student Eligibility; Admission

Sec. 12.258.  STUDENT ELIGIBILITY; ADMISSION.  (a)   A person who is at least 18 years of age and not more than 50 years of age is eligible to enroll in an adult education program operated under a charter granted under this subchapter if the person:
(1)  has failed to complete the curriculum requirements for high school graduation; or
(2)  has failed to perform satisfactorily on an assessment instrument required for high school graduation.
(b)  In admitting students to an adult education program operated under a charter granted under this subchapter, an eligible entity shall give priority to a person who has not earned a high school equivalency certificate.
Transferred, redesignated and amended from Education Code, Section 29.259(g), (g-1) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 9, eff. May 31, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 6, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.259. Adult Education Program

Sec. 12.259.  ADULT EDUCATION PROGRAM.  (a)  An adult education program operated under a charter granted under this subchapter must:
(1)  use an instructional model in which a significant portion of instruction, as approved by the commissioner, is delivered in a teacher-led, interactive classroom environment;
(2)  provide access to:
(A)  career and technical education courses that lead to an industry certification;
(B)  career readiness training;
(C)  postsecondary counseling; and
(D)  job-placement services; and
(3)  provide support services to students, including:
(A)  child care at no cost to students;
(B)  life coaching services, at a ratio not to exceed one life coach for every 100 students, that use strategic and holistic interventions designed to facilitate graduation planning and assist students in overcoming life obstacles to achieve academic and career goals;
(C)  mental health counseling;
(D)  for students with identified disabilities or impairments, instructional support services; and
(E)  transportation assistance.
(b)  An eligible entity granted a charter under this subchapter may partner with a public junior college or a provider or organization approved by the Texas Workforce Commission to provide career and technology courses that lead to industry certification through an adult education program described by Subsection (a).
(c)  An entity described by Section 12.256(1)(B), (C), or (D) to whom a charter is granted under this subchapter may contract with a nonprofit entity that is an eligible entity to operate an adult education program described by Subsection (a).
Transferred, redesignated and amended from Education Code, Section 29.259(i-1) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 10, eff. May 31, 2021.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 11, eff. May 31, 2021.
Acts 2023, 88th Leg., R.S., Ch. 292 (S.B. 2032), Sec. 7, eff. May 29, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter G. Adult High School Charter School Program › Section 12.260. Assessment Instrument

Sec. 12.260.  ASSESSMENT INSTRUMENT.  (a)   The agency, in cooperation with the advisory committee established under Section 12.254, shall adopt or develop and administer a standardized secondary exit-level assessment instrument appropriate for assessing program participants who successfully complete high school curriculum requirements under an adult education program operated under a charter granted under this subchapter.
(b)  The commissioner, in cooperation with the advisory committee established under Section 12.254,  shall determine the level of performance considered to be satisfactory on the secondary exit-level assessment instrument adopted under Subsection (a) for receipt of a high school diploma by a program participant in an adult education program operated under a charter granted under this subchapter.
(c)  For a school year before the 2025-2026 school year, the agency shall adopt and administer the Algebra I, English II, and biology end-of-course assessment instruments adopted under Section 39.023(c) as the secondary exit-level assessment instrument required under this section.  The level of performance considered to be satisfactory on those assessment instruments for purposes of this subsection is the level of performance adopted under 19 T.A.C. Section 101.4003(a), as that rule existed on January 1, 2021.  This subsection expires September 1, 2025.
Transferred, redesignated and amended from Education Code, Section 29.259(c) by Acts 2021, 87th Leg., R.S., Ch. 195 (S.B. 1615), Sec. 12, eff. May 31, 2021.