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 12.1053. Applicability of Laws Relating to Public Purchasing and Contracting

Sec. 12.1053.  APPLICABILITY OF LAWS RELATING TO PUBLIC PURCHASING AND CONTRACTING.  (a)  This section applies to an open-enrollment charter school unless the school's charter otherwise describes procedures for purchasing and contracting and the procedures are approved by the commissioner.
(b)  An open-enrollment charter school is considered to be:
(1)  a governmental entity for purposes of:
(A)  Subchapter D, Chapter 2252, Government Code;  and
(B)  Subchapter B, Chapter 271, Local Government Code;
(2)  a political subdivision for purposes of Subchapter A, Chapter 2254, Government Code;  and
(3)  a local government for purposes of Sections 2256.009-2256.016, Government Code.
(c)  To the extent consistent with this section, a requirement in a law listed in this section that applies to a school district or the board of trustees of a school district applies to an open-enrollment charter school, the governing body of a charter holder, or the governing body of an open-enrollment charter school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 15, 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 12.1054. Applicability of Laws Relating to Conflict of Interest

Sec. 12.1054.  APPLICABILITY OF LAWS RELATING TO CONFLICT OF INTEREST.  (a)  A member of the governing body of a charter holder, a member of the governing body of an open-enrollment charter school, or an officer of an open-enrollment charter school is considered to be a local public official for purposes of Chapter 171, Local Government Code.  For purposes of that chapter:
(1)  a member of the governing body of a charter holder or a member of the governing body or officer of an open-enrollment charter school is considered to have a substantial interest in a business entity if a person related to the member or officer in the third degree by consanguinity or affinity, as determined under Chapter 573, Government Code, has a substantial interest in the business entity under Section 171.002, Local Government Code;
(2)  notwithstanding any provision of Section 12.1054(1), an employee of an open-enrollment charter school rated acceptable or higher under Section 39.054 for at least two of the preceding three school years may serve as a member of the governing body of the charter holder of the governing body of the school if the employees do not constitute a quorum of the governing body or any committee of the governing body; however, all members shall comply with the requirements of Sections 171.003-171.007, Local Government Code.
(b)  To the extent consistent with this section, a requirement in a law listed in this section that applies to a school district or the board of trustees of a school district applies to an open-enrollment charter school, the governing body of a charter holder, or the governing body of an open-enrollment charter school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 17, eff. June 19, 2009.
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 12.1055. Applicability of Nepotism Laws

Sec. 12.1055.  APPLICABILITY OF NEPOTISM LAWS.  (a)  An open-enrollment charter school is subject to a prohibition, restriction, or requirement, as applicable, imposed by state law or by a rule adopted under state law, relating to nepotism under Chapter 573, Government Code.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1140, Sec. 47(1), eff. September 1, 2013.
(c)  Section 11.1513(f) applies to an open-enrollment charter school as though the governing body of the school were the board of trustees of a school district and to the superintendent or, as applicable, the administrator serving as educational leader and chief executive officer of the school as though that person were the superintendent of a school district.
(d)  Notwithstanding any other provision of this section, a person who was not restricted or prohibited under this section as this section existed before September 1, 2013, from being employed by an open-enrollment charter school and who was employed by an open-enrollment charter school before September 1, 2013, is considered to have been in continuous employment as provided by Section 573.062(a), Government Code, and is not prohibited from continuing employment with the school.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 18, eff. June 19, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 16, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 47(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 12.1056. Immunity From Liability and Suit

Sec. 12.1056.  IMMUNITY FROM LIABILITY AND SUIT.  (a) In matters related to operation of an open-enrollment charter school, an open-enrollment charter school or charter holder is immune from liability and suit to the same extent as a school district, and the employees and volunteers of the open-enrollment charter school or charter holder are immune from liability and suit to the same extent as school district employees and volunteers.  A member of the governing body of an open-enrollment charter school or of a charter holder is immune from liability and suit to the same extent as a school district trustee.
(b)  An open-enrollment charter school is a governmental unit as defined by Section 101.001, Civil Practice and Remedies Code, and is subject to liability only as provided by Chapter 101, Civil Practice and Remedies Code, and only in the manner that liability is provided by that chapter for a school district.
(c)  An open-enrollment charter school is a local government as defined by Section 102.001, Civil Practice and Remedies Code, and a payment on a tort claim must comply with Chapter 102, Civil Practice and Remedies Code.
(d)  An open-enrollment charter school is a local governmental entity as defined by Section 271.151, Local Government Code, and is subject to liability on a contract as provided by Subchapter I, Chapter 271, Local Government Code, and only in the manner that liability is provided by that subchapter for a school district.
Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(c) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 922 (H.B. 1171), Sec. 1, eff. June 18, 2015.
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 12.1057. Membership in Teacher Retirement System of Texas

Sec. 12.1057.  MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF TEXAS.  (a)  An employee of an open-enrollment charter school who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system to the same extent a qualified employee of a school district is covered.
(b)  For each employee of the school covered under the system, the school is responsible for making any contribution that otherwise would be the legal responsibility of the school district, and the state is responsible for making contributions to the same extent it would be legally responsible if the employee were a school district employee.
Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff. June 19, 1999.  Renumbered from Sec. 12.105(d) and amended by Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 2, eff. September 1, 2005.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 17, 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 12.1059. Requirements for Employment of Certain Employees

Sec. 12.1059.  REQUIREMENTS FOR EMPLOYMENT OF CERTAIN EMPLOYEES.  A person may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor for an open-enrollment charter school unless:
(1)  the person has been approved by the agency following a review of the person's national criminal history record information as provided by Section 22.0832; and
(2)  the school has confirmed that the person is not included in the registry under Section 22.092.
Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 2, eff. June 15, 2007.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 3, eff. June 14, 2013.
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.006, eff. September 1, 2019.
For expiration of Subsections (a-5) and (a-6), see Subsection (a-6).
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 12.1061. Recovery of Certain Funds

Sec. 12.1061.  RECOVERY OF CERTAIN FUNDS.  The commissioner may not garnish or otherwise recover funds paid to an open-enrollment charter school under Section 12.106 if:
(1)  the basis of the garnishment or recovery is that:
(A)  the number of students enrolled in the school during a school year exceeded the student enrollment described by the school's charter during that period;  and
(B)  the school received funding under Section 12.106 based on the school's actual student enrollment;
(2)  the school:
(A)  submits to the commissioner a timely request to revise the maximum student enrollment described by the school's charter and the commissioner does not notify the school in writing of an objection to the proposed revision before the 90th day after the date on which the commissioner received the request, provided that the number of students enrolled at the school does not exceed the enrollment described by the school's request;  or
(B)  exceeds the maximum student enrollment described by the school's charter only because a court mandated that a specific child enroll in that school;  and
(3)  the school used all funds received under Section 12.106 to provide education services to students.
Added by Acts 2003, 78th Leg., ch. 1048, 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 12.107. Status and Use of Funds

Sec. 12.107.  STATUS AND USE OF FUNDS.  (a)  Funds received under Section 12.106 after September 1, 2001, by a charter holder:
(1)  are considered to be public funds for all purposes under state law;
(2)  are held in trust by the charter holder for the benefit of the students of the open-enrollment charter school;
(3)  may be used only for a purpose for which a school may use local funds under Section 45.105(c);
(4)  pending their use, must be deposited into a bank, as defined by Section 45.201, with which the charter holder has entered into a depository contract; and
(5)  may not:
(A)  be pledged or used to secure loans or bonds for any other organization, including a non-charter operation or out-of-state operation conducted by the charter holder or a related party, as defined by commissioner rule adopted under Section 12.1166; or
(B)  be used to support an operation or activity not related to the educational activities of the charter holder.
(b)  A charter holder shall deliver to the agency a copy of the depository contract between the charter holder and any bank into which state funds are deposited.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 7, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 4, 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 12.1071. Effect of Accepting State Funding

Sec. 12.1071.  EFFECT OF ACCEPTING STATE FUNDING.  (a)  A charter holder who accepts state funds under Section 12.106 after the effective date of a provision of this subchapter agrees to be subject to that provision, regardless of the date on which the charter holder's charter was granted.
(b)  A charter holder who accepts state funds under Section 12.106 after September 1, 2001, agrees to accept all liability under this subchapter for any funds accepted under that section before September 1, 2001.  This subsection does not create liability for charter holder conduct occurring before September 1, 2001.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 8, 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 12.108. Tuition and Fees Restricted

Sec. 12.108.  TUITION AND FEES RESTRICTED.  (a)  An open-enrollment charter school may not charge tuition to an eligible student who applies under Section 12.117.
(b)  The governing body of an open-enrollment charter school may require a student to pay any fee that the board of trustees of a school district may charge under Section 11.158(a).  The governing body may not require a student to pay a fee that the board of trustees of a school district may not charge under Section 11.158(b).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 9, 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 12.109. Transportation

Sec. 12.109.  TRANSPORTATION.  An open-enrollment charter school shall provide transportation to each student attending the school to the same extent a school district is required by law to provide transportation to district students.
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 D. Open-Enrollment Charter School › Section 12.110. Application

Sec. 12.110.  APPLICATION.  (a)  The commissioner shall adopt:
(1)  an application form and a procedure that must be used to apply for a charter for an open-enrollment charter school; and
(2)  criteria to use in selecting a program for which to grant a charter.
(b)  The application form must provide for including the information required under Section 12.111 to be contained in a charter.
(c)  As part of the application procedure, the commissioner may require a petition supporting a charter for a school signed by a specified number of parents or guardians of school-age children residing in the area in which a school is proposed or may hold a public hearing to determine parental support for the school.
(d)  The commissioner shall approve or deny an application based on:
(1)  documented evidence collected through the application review process;
(2)  merit; and
(3)  other criteria as adopted by the commissioner, which must include:
(A)  criteria relating to the capability of the applicant to carry out the responsibilities provided by the charter and the likelihood that the applicant will operate a school of high quality;
(B)  criteria relating to improving student performance and encouraging innovative programs; and
(C)  a statement from any school district whose enrollment is likely to be affected by the open-enrollment charter school, including information relating to any financial difficulty that a loss in enrollment may have on the district.
(e)  The commissioner shall give priority to applications that propose an open-enrollment charter school campus to be located in the attendance zone of a school district campus assigned an unacceptable performance rating under Section 39.054 for the two preceding school years.
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. 18, 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 12.1101. Notification of Charter Application or Establishment of Campus

Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS.  The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 or of notice of the establishment of a campus as authorized under Section 12.101(b-4):
(1)  the superintendent and the board of trustees of each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as determined by the commissioner; and
(2)  each member of the legislature that represents the geographic area to be served by the proposed school or campus, as determined by the commissioner.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 10, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 19, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 2.02, 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 12.112. Form

Sec. 12.112.  FORM.  A charter for an open-enrollment charter school shall be in the form of a written contract signed by the commissioner and the chief operating officer of the school.
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. 21, 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 12.113. Charter Granted

Sec. 12.113.  CHARTER GRANTED.  (a)  Each charter the commissioner grants for an open-enrollment charter school must:
(1)  satisfy this subchapter; and
(2)  include the information that is required under Section 12.111 consistent with the information provided in the application and any modification the commissioner requires.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1140, Sec. 47(2), eff. September 1, 2013.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 11, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 22, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 47(2), 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 12.114. Revision

Sec. 12.114.  REVISION.  (a)  A revision of a charter of an open-enrollment charter school may be made only with the approval of the commissioner.
(b)  Not more than once each year, an open-enrollment charter school may request approval to revise the maximum student enrollment described by the school's charter.
(c)  Not later than the 60th day after the date that a charter holder submits to the commissioner a completed request for approval for an expansion amendment, as defined by commissioner rule, including a new school amendment, the commissioner shall provide to the charter holder written notice of approval or disapproval of the amendment.
(d)  A charter holder may submit a request for approval for an expansion amendment up to 36 months before the date on which the expansion will be effective.  A request for approval of an expansion amendment does not obligate the charter holder to complete the proposed expansion.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 12, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1048, Sec. 2, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 23, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 597 (S.B. 668), Sec. 2.03, eff. June 10, 2019.
Acts 2023, 88th Leg., R.S., Ch. 706 (H.B. 2102), Sec. 2, eff. September 1, 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 12.1151. Failure to Discharge or Refuse to Hire Certain Employees or Applicants

Sec. 12.1151.  FAILURE TO DISCHARGE OR REFUSE TO HIRE CERTAIN EMPLOYEES OR APPLICANTS.  An open-enrollment charter school commits a material violation of the school's charter if the school 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.008, eff. September 1, 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 12.116. Procedure for Revocation, Modification of Governance, or Denial of Renewal

Sec. 12.116.  PROCEDURE FOR REVOCATION, MODIFICATION OF GOVERNANCE, OR DENIAL OF RENEWAL.  (a)  The commissioner shall adopt an informal procedure to be used for:
(1)  revoking the charter of an open-enrollment charter school or for reconstituting the governing body of the charter holder as authorized by Section 12.115; and
(2)  denying the renewal of a charter of an open-enrollment charter school as authorized by Section 12.1141(c).
(a-1)  The procedure adopted under Subsection (a) for the denial of renewal of a charter under Section 12.1141(c) or the revocation of a charter or reconstitution of a governing body of a charter holder under Section 12.115(a) must allow representatives of the charter holder to meet with the commissioner to discuss the commissioner's decision and must allow the charter holder to submit additional information to the commissioner relating to the commissioner's decision. In a final decision issued by the commissioner, the commissioner shall provide a written response to any information the charter holder submits under this subsection.
(b)   Chapter 2001, Government Code, does not apply to a procedure that is related to a revocation or modification of governance under this subchapter.
(c)  A decision by the commissioner to revoke a charter is subject to review by the State Office of Administrative Hearings.  Notwithstanding Chapter 2001, Government Code:
(1)  the administrative law judge shall uphold a decision by the commissioner to revoke a charter unless the judge finds the decision is arbitrary and capricious or clearly erroneous; and
(2)  a decision of the administrative law judge under this subsection is final and may not be appealed.
(d)  If the commissioner revokes the charter of an open-enrollment charter school, the commissioner may:
(1)  manage the school until alternative arrangements are made for the school's students; and
(2)  assign operation of one or more campuses formerly operated by the charter holder who held the revoked charter to a different charter holder who consents to the assignment.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 12, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 26, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 3(b), eff. June 19, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 3(c), eff. June 19, 2015.
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 12.1161. Effect of Revocation, Denial of Renewal, or Surrender of Charter

Sec. 12.1161.  EFFECT OF REVOCATION, DENIAL OF RENEWAL, OR SURRENDER OF CHARTER.  (a)  If the commissioner revokes or denies the renewal of a charter of an open-enrollment charter school or an open-enrollment charter school surrenders its charter, the school may not:
(1)  continue to operate under this subchapter; or
(2)  receive state funds under this subchapter.
(b)  Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1140, Sec. 47(3), eff. September 1, 2013.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 27, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 47(3), 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 12.1162. Additional Sanctions

Sec. 12.1162.  ADDITIONAL SANCTIONS.  (a)  The commissioner shall take any of the actions described by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007, to the extent the commissioner determines necessary, if an open-enrollment charter school, as determined by a report issued under Section 39.004(b):
(1)  commits a material violation of the school's charter;
(2)  fails to satisfy generally accepted accounting standards of fiscal management; or
(3)  fails to comply with this subchapter or another applicable rule or law.
(b)  The commissioner may temporarily withhold funding, suspend the authority of an open-enrollment charter school to operate, or take any other reasonable action the commissioner determines necessary to protect the health, safety, or welfare of students enrolled at the school based on evidence that conditions at the school present a danger to the health, safety, or welfare of the students.
(c)  After the commissioner acts under Subsection (b), the open-enrollment charter school may not receive funding and may not resume operating until a determination is made that:
(1)  despite initial evidence, the conditions at the school do not present a danger of material harm to the health, safety, or welfare of students;  or
(2)  the conditions at the school that presented a danger of material harm to the health, safety, or welfare of students have been corrected.
(d)  Not later than the third business day after the date the commissioner acts under Subsection (b), the commissioner shall provide the charter holder an opportunity for a hearing.
(e)  Immediately after a hearing under Subsection (d), the commissioner must cease the action under Subsection (b) or initiate action under Section 12.116.
(f)  The commissioner shall adopt rules implementing this section.  Chapter 2001, Government Code, does not apply to a hearing under this section.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 19, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(13), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.05, eff. September 1, 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 12.1163. Audit by Commissioner

Sec. 12.1163.  AUDIT BY COMMISSIONER.  (a)  To the extent consistent with this section, the commissioner may audit the records of:
(1)  an open-enrollment charter school;
(2)  a charter holder;  and
(3)  a management company.
(b)  An audit under Subsection (a) must be limited to matters directly related to the management or operation of an open-enrollment charter school, including any financial and administrative records.
(c)  Unless the commissioner has specific cause to conduct an additional audit, the commissioner may not conduct more than one on-site audit during any fiscal year, including any financial and administrative records.  For purposes of this subsection, an audit of a charter holder or management company associated with an open-enrollment charter school is not considered an audit of the school.
(d)  If the aggregate amount of all transactions between a charter holder and a related party, as defined by commissioner rule adopted under Section 12.1166, exceeds $5,000, an audit under Subsection (a) may include the review of any real property transactions between the charter holder and the related party.  If the commissioner determines that a transaction with a related party using funds received under Section 12.106 was structured in a manner that did not benefit the open-enrollment charter school or that the transaction was in excess of fair market value, the commissioner may order that the transaction be reclassified or that other action be taken as necessary to protect the school's interests.  Failure to comply with the commissioner's order is a material violation of the charter.
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 13, eff. Sept. 1, 2001.  Amended by Acts 2003, 78th Leg., ch. 511, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 28, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 5, 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 12.1164. Notice to Teacher Retirement System of Texas

Sec. 12.1164.  NOTICE TO TEACHER RETIREMENT SYSTEM OF TEXAS.  (a)  The commissioner must notify the Teacher Retirement System of Texas in writing of the revocation, denial of renewal, expiration, or surrender of a charter under this subchapter not later than the 10th business day after the date of the event.
(b)  The commissioner must notify the Teacher Retirement System of Texas in writing that an open-enrollment charter school is no longer receiving state funding not later than the 10th business day after the date on which the funding ceases.
(c)  The commissioner must notify the Teacher Retirement System of Texas in writing that an open-enrollment charter school has resumed receiving state funds not later than the 10th business day after the date on which funding resumes.
Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 3, eff. September 1, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 29, 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 12.1166. Related Party Transactions

Sec. 12.1166.  RELATED PARTY TRANSACTIONS.  (a)  The commissioner shall adopt a rule defining "related party" for purposes of this subchapter.  The definition of "related party" must include:
(1)  a party with a current or former board member, administrator, or officer who is:
(A)  a board member, administrator, or officer of an open-enrollment charter school; or
(B)  related within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code, to a board member, administrator, or officer of an open-enrollment charter school;
(2)  a charter holder's related organizations, joint ventures, and jointly governed organizations;
(3)  an open-enrollment charter school's board members, administrators, or officers or a person related to a board member, administrator, or officer within the third degree of consanguinity or affinity, as determined under Chapter 573, Government Code; and
(4)  any other disqualified person, as that term is defined by 26 U.S.C. Section 4958(f).
(b)  For purposes of Subsection (a)(1), a person is a former board member, administrator, or officer if the person served in that capacity within one year of the date on which a financial transaction between the charter holder and a related party occurred.
(c)  In a charter holder's annual audit filed under Section 44.008, the charter holder must include a list of all transactions with a related party.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 6, 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 12.1167. Appraisal of Certain Property

Sec. 12.1167.  APPRAISAL OF CERTAIN PROPERTY.  The commissioner may adopt rules to require an open-enrollment charter school to:
(1)  notify the commissioner that the school intends to enter into a transaction with a related party, as defined by commissioner rule adopted under Section 12.1166; and
(2)  provide an appraisal from a certified appraiser to the agency.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 6, 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 12.1168. Financial Report of Certain Schools

Sec. 12.1168.  FINANCIAL REPORT OF CERTAIN SCHOOLS.  (a)  In this section, "related party" has the meaning adopted by commissioner rule under Section 12.1166.
(b)  A financial report filed under Section 44.008 by an open-enrollment charter school must separately disclose:
(1)  all financial transactions between the open-enrollment charter school and any related party, separately stating the principal, interest, and lease payments; and
(2)  the total compensation and benefits provided by the school and any related party for each member of the governing body and each officer and administrator of the school and the related party.
(c)  The commissioner may adopt rules to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 631 (S.B. 1454), Sec. 6, 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 12.117. Admission

Sec. 12.117.   ADMISSION.  (a)  For admission to an open-enrollment charter school, the governing body of the school shall:
(1)  require the applicant to complete and submit the common admission application form described by Section 12.1173 not later than a reasonable deadline the school establishes; and
(2)  on receipt of more acceptable applications for admission under this section than available positions in the school:
(A)  fill the available positions by lottery; or
(B)  subject to Subsection (b), fill the available positions in the order in which applications received before the application deadline were received.
(b)  An open-enrollment charter school may fill applications for admission under Subsection (a)(2)(B) only if the school published a notice of the opportunity to apply for admission to the school.  A notice published under this subsection must:
(1)  state the application deadline;  and
(2)  be published in a newspaper of general circulation in the community in which the school is located not later than the seventh day before the application deadline.
(c)  An open-enrollment charter school authorized by a charter granted under this subchapter to a municipality:
(1)  is considered a work-site open-enrollment charter school for purposes of federal regulations regarding admissions policies that apply to open-enrollment charter schools receiving federal funding; and
(2)  notwithstanding Subsection (a), may admit children of employees of the municipality to the school before conducting a lottery to fill remaining available positions, provided that the number of children admitted under this subdivision constitutes only a small percentage, as may be further specified by federal regulation, of the school's total enrollment.
(d)  Notwithstanding Section 12.111(a)(13), an open-enrollment charter school may admit a child of an employee of the school as provided by this section regardless of whether the child resides in the geographic area served by the school.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 14, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 317 (H.B. 2366), Sec. 1, eff. June 17, 2011.
Acts 2019, 86th Leg., R.S., Ch. 691 (S.B. 2293), Sec. 2, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 1107 (H.B. 2190), Sec. 1, eff. June 14, 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 12.1171. Admission to Open-Enrollment Charter Schools Specializing in Performing Arts

Sec. 12.1171.  ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS SPECIALIZING IN PERFORMING ARTS.  Notwithstanding Section 12.117, the governing body of an open-enrollment charter school that specializes in one or more performing arts may require an applicant to audition for admission to the school in addition to completing and submitting the common admission application form under Section 12.1173.
Added by Acts 2005, 79th Leg., Ch. 1032 (H.B. 1111), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 691 (S.B. 2293), Sec. 3, eff. September 1, 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 12.1173. Common Admission Application Form; Waiting List for Admission

Sec. 12.1173.  COMMON ADMISSION APPLICATION FORM; WAITING LIST FOR ADMISSION.  (a)  The commissioner by rule shall adopt a common admission application form for use by an applicant for admission to an open-enrollment charter school that provides for the submission of information that the commissioner considers appropriate.
(b)  The form adopted under this section may not:
(1)  advertise or otherwise promote any person or open-enrollment charter school; or
(2)  solicit money, goods, or services from an applicant.
(c)  The commissioner shall publicize the availability of the form adopted under this section, including by posting the form on the agency's Internet website.
(d)  The commissioner by rule shall adopt guidelines for an open-enrollment charter school that receives more acceptable applications for admission than available positions at the school to create and manage a waiting list each school year for applicants who are not admitted.
(e)  The commissioner shall adopt any other rules as necessary to implement this section, including rules to ensure this section complies with federal law regarding confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.
Added by Acts 2019, 86th Leg., R.S., Ch. 691 (S.B. 2293), Sec. 4, eff. September 1, 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 12.1174. Enrollment and Waiting List Report

Sec. 12.1174.  ENROLLMENT AND WAITING LIST REPORT.  (a)  Not later than the last Friday in October of each school year, in the form prescribed by commissioner rule, the governing body of a charter holder shall report to the agency for that school year:
(1)  the following information for each campus operating under the charter holder's charter:
(A)  the number of students enrolled;
(B)  the enrollment capacity; and
(C)  if a charter holder uses a waiting list for admission to a campus:
(i)  the total number of students on the waiting list; and
(ii)  the number of students on the waiting list disaggregated by grade level;
(2)  the information described by Subdivision (1) aggregated for all campuses operating under the charter holder's charter; and
(3)  any information required by the commissioner as necessary to identify each student admitted to or on a waiting list for admission to a campus operating under the charter holder's charter who is or was previously enrolled in a public school in this state.
(b)  From information provided to the commissioner by each charter holder under this subchapter, the commissioner shall identify each group of charter holders considered by the commissioner to be corporate affiliates or substantially related charter holders.  Using the information reported under Subsections (a)(1) and (2), the agency shall aggregate the information for each group of charter holders identified by the commissioner under this subsection.
(c)  Not later than March 15 of each year, the commissioner shall post on the agency's Internet website:
(1)  the information reported by charter holders under Subsections (a)(1) and (2); and
(2)  the information aggregated by the agency under Subsection (b).
(d)  The commissioner shall adopt rules as necessary to implement this section, including rules to ensure this section complies with federal law regarding confidentiality of student educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.
Added by Acts 2019, 86th Leg., R.S., Ch. 691 (S.B. 2293), Sec. 4, eff. September 1, 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 12.118. Evaluation of Open-Enrollment Charter Schools

Sec. 12.118.  EVALUATION OF OPEN-ENROLLMENT CHARTER SCHOOLS.  (a)  The commissioner shall designate an impartial organization with experience in evaluating school choice programs to conduct an annual evaluation of open-enrollment charter schools.
(b)  An evaluation under this section must include consideration of the following items before implementing the charter and after implementing the charter:
(1)  students' scores on assessment instruments administered under Subchapter B, Chapter 39;
(2)  student attendance;
(3)  students' grades;
(4)  incidents involving student discipline;
(5)  socioeconomic data on students' families;
(6)  parents' satisfaction with their children's schools;  and
(7)  students' satisfaction with their schools.
(c)  The evaluation of open-enrollment charter schools must also include an evaluation of:
(1)  the costs of instruction, administration, and transportation incurred by open-enrollment charter schools;
(2)  the effect of open-enrollment charter schools on school districts and on teachers, students, and parents in those districts;  and
(3)  other issues, as determined by the commissioner.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 15, 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 12.1181. Performance Frameworks; Annual Evaluations

Sec. 12.1181.  PERFORMANCE FRAMEWORKS; ANNUAL EVALUATIONS.  (a)  The commissioner shall develop and by rule adopt performance frameworks that establish standards by which to measure the performance of an open-enrollment charter school.  The commissioner shall develop and by rule adopt separate, specific performance frameworks by which to measure the performance of an open-enrollment charter school that is registered under the agency's alternative education accountability procedures for evaluation under Chapter 39.  The performance frameworks shall be based on national best practices that charter school authorizers use in developing and applying standards for charter school performance.  In developing the performance frameworks, the commissioner shall solicit advice from charter holders, the members of the governing bodies of open-enrollment charter schools, and other interested persons.
(b)  The performance frameworks may include a variety of standards.  In evaluating an open-enrollment charter school, the commissioner shall measure school performance against an established set of quality standards developed and adopted by the commissioner.
(c)  Each year, the commissioner shall evaluate the performance of each open-enrollment charter school based on the applicable performance frameworks adopted under Subsection (a).  The performance of a school on a performance framework may not be considered for purposes of renewal of a charter under Section 12.1141(d) or revocation of a charter under Section 12.115(c).
Added by Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 30, 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 12.119. Bylaws; Annual Report

Sec. 12.119.  BYLAWS; ANNUAL REPORT.  (a)  A charter holder shall file with the commissioner a copy of its articles of incorporation and bylaws, or comparable documents if the charter holder does not have articles of incorporation or bylaws, within the period and in the manner prescribed by the commissioner.
(b)  Each year within the period and in a form prescribed by the commissioner, each open-enrollment charter school shall file with the commissioner the following information:
(1)  the name, address, and telephone number of each officer and member of the governing body of the open-enrollment charter school; and
(2)  the amount of annual compensation the open-enrollment charter school pays to each officer and member of the governing body.
(c)  On request, the commissioner shall provide the information required by this section and Section 12.111(a)(7) to a member of the public.  The commissioner may charge a reasonable fee to cover the commissioner's cost in providing the information.
Added by Acts 1999, 76th Leg., ch. 1335, Sec. 3, eff. June 19, 1999.  Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 16, eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 7.002, eff. September 1, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 31, eff. September 1, 2013.