reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.169. Electioneering Prohibited

Sec. 11.169.  ELECTIONEERING PROHIBITED.  Notwithstanding any other law, the board of trustees of an independent school district may not use state or local funds or other resources of the district to electioneer for or against any candidate, measure, or political party.
Added by Acts 2005, 79th Leg., Ch. 1109 (H.B. 2339), Sec. 32, eff. September 1, 2005.
Renumbered from Education Code, Section 11.168 by Acts 2007, 80th Leg., R.S., Ch. 921 (H.B. 3167), Sec. 17.001(11), eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.170. Internal Auditor

Sec. 11.170.  INTERNAL AUDITOR.  If a school district employs an internal auditor:
(1)  the board of trustees shall select the internal auditor; and
(2)  the internal auditor shall report directly to the board.
Added by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 2.04, eff. May 31, 2006.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.171. School District Grievance Policy

Sec. 11.171.  SCHOOL DISTRICT GRIEVANCE POLICY.  (a)  A school district grievance policy must permit a school district employee to report a grievance against a supervisor that alleges the supervisor's violation of the law in the workplace or the supervisor's unlawful harassment of the employee to a supervisor other than the supervisor against whom the employee intends to report the grievance.
(b)  A school district grievance policy must permit an employee who reports a grievance to make an audio recording of any meeting or proceeding at which the substance of a grievance that complies with the policy is investigated or discussed.  The implementation of this subsection may not result in a delay of any timeline provided by the grievance policy and does not require the district to provide equipment for the employee to make the recording.
(c)  A school district grievance policy must permit an attorney or other person representing a district employee concerning a grievance reported under Subsection (a) to represent the employee through a telephone conference call, provided that the district has the equipment necessary for that type of call, at any formal grievance proceeding, hearing, or conference at which the district employee is entitled to representation according to the school district grievance policy.
Added by Acts 2007, 80th Leg., R.S., Ch. 176 (H.B. 1622), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 191 (H.B. 2512), Sec. 1, eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1297 (H.B. 2607), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.178. Prohibition Against Use of School District Resources for Hotel

Sec. 11.178.  PROHIBITION AGAINST USE OF SCHOOL DISTRICT RESOURCES FOR HOTEL.  (a)  In this section, "hotel" means a building in which members of the public obtain sleeping accommodations for consideration.  The term includes a motel.
(b)  The board of trustees of an independent school district may not impose taxes, issue bonds, use or authorize the use of school district employees, use or authorize the use of school district property, money, or other resources, or acquire property for the design, construction, renovation, or operation of a hotel.
(c)  The board of trustees of an independent school district may not enter into a lease, contract, or other agreement that:
(1)  obligates the board to engage in an activity prohibited by Subsection (b); or
(2)  obligates the use of district employees or resources in a manner prohibited by Subsection (b).
Added by Acts 2011, 82nd Leg., R.S., Ch. 623 (S.B. 764), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.179. Sale of Alcoholic Beverages in Certain Leased District Facilities

Sec. 11.179.  SALE OF ALCOHOLIC BEVERAGES IN CERTAIN LEASED DISTRICT FACILITIES.  (a)  The board of trustees of a school district may adopt a policy allowing the consumption, possession, and sale of an alcoholic beverage at an event held at a performing arts facility owned by the district if:
(1)  the facility is leased to a nonprofit organization for an event not sponsored or sanctioned by the district; and
(2)  the district is located in:
(A)  a county:
(i)  that has a population of not more than 300,000; and
(ii) in which a component university of the University of Houston System is located; or
(B)  a county in which is located a facility described by Subdivision (1) within two miles of two or more stadiums with a capacity of at least 40,000 people.
(b)  A lease agreement entered into as provided by Subsection (a) must require that:
(1)  the event be held outside of regular school hours; and
(2)  the alcoholic beverages be sold by a person who holds an appropriate retail license or permit under the Alcoholic Beverage Code for the facility.
Added by Acts 2019, 86th Leg., R.S., Ch. 834 (H.B. 2633), Sec. 2, eff. September 1, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 642 (H.B. 1825), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.182. Board Improvement and Evaluation Tool

Sec. 11.182.  BOARD IMPROVEMENT AND EVALUATION TOOL.  (a)  The commissioner shall develop a board of trustees improvement and evaluation tool.  The evaluation tool must be research-based and designed to assist a school district in improving board oversight and academic achievement.
(b)  A board of trustees may determine whether to use the evaluation tool, except as required by Section 39.102(a).
Added by Acts 2017, 85th Leg., R.S., Ch. 925 (S.B. 1566), Sec. 6, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.185. Early Childhood Literacy and Mathematics Proficiency Plans

Sec. 11.185.  EARLY CHILDHOOD LITERACY AND MATHEMATICS PROFICIENCY PLANS.  (a)  The board of trustees of each school district shall adopt and post on the district's Internet website early childhood literacy and mathematics proficiency plans that set specific annual goals for the following five school years to reach quantifiable goals for student performance in reading and mathematics at each campus.
(b)  Each plan adopted under Subsection (a) must:
(1)  identify annual goals for students in each group evaluated under the closing the gaps domain under Section 39.053(c)(3);
(2)  include annual goals for aggregate student growth on the third grade reading or mathematics assessment instrument, as applicable, administered under Section 39.023 or on an alternative assessment instrument determined by the board of trustees;
(3)  provide for targeted professional development for classroom teachers in kindergarten or first, second, or third grade who are assigned to campuses that the board of trustees identifies as not meeting the plan's goals;
(4)  assign at least one district-level administrator or employee of the regional education service center for the district's region to:
(A)  coordinate implementation of the plan; and
(B)  submit an annual report to the board of trustees on the district's progress toward the goals set under the plan; and
(5)  be reviewed annually by the board of trustees at a public meeting.
(c)  Each plan adopted under Subsection (a) may set separate goals for students in a bilingual education or special language program under Subchapter B, Chapter 29.
(d)  The professional development provided to classroom teachers under Subsection (b)(3) must, as appropriate, consider the unique needs of students in a bilingual education or special language program under Subchapter B, Chapter 29.
(e)  A school district shall post the annual report described by Subsection (b)(4)(B) on the district's Internet website and on the Internet website, if any, of each campus in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.003, eff. June 12, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter D. Powers and Duties of Board of Trustees of Independent School District › Section 11.186. College, Career, and Military Readiness Plans

Sec. 11.186.  COLLEGE, CAREER, AND MILITARY READINESS PLANS.  (a)  The board of trustees of each school district shall adopt college, career, and military readiness plans that set specific annual goals for the following five school years to reach quantifiable goals for measures of student college, career, and military readiness at each campus.
(b)  Each plan adopted under Subsection (a) must:
(1)  identify annual goals for students in each group evaluated under the closing the gaps domain under Section 39.053(c)(3);
(2)  include annual goals for aggregate student growth on college, career, and military readiness indicators evaluated under the student achievement domain under Section 39.053(c)(1);
(3)  assign at least one district-level administrator or employee of the regional education service center for the district's region to:
(A)  coordinate implementation of the plan; and
(B)  submit an annual report to the board of trustees on the district's progress toward the goals set under the plan; and
(4)  be reviewed annually by the board of trustees at a public meeting.
(c)  A school district shall post the annual report described by Subsection (b)(3)(B) on the district's Internet website and on the Internet website, if any, of each campus in the district.
Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.003, eff. June 12, 2019.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter E. Superintendents and Principals › Section 11.202. Principals

Sec. 11.202.  PRINCIPALS.  (a)  The principal of a school is the instructional leader of the school and shall be provided with adequate training and personnel assistance to assume that role.
(b)  Each principal shall:
(1)  except as provided by Subsection (d), approve all teacher and staff appointments for that principal's campus from a pool of applicants selected by the district or of applicants who meet the hiring requirements established by the district, based on criteria developed by the principal after informal consultation with the faculty;
(2)  set specific education objectives for the principal's campus, through the planning process under Section 11.253;
(3)  develop budgets for the principal's campus;
(4)  assume the administrative responsibility and instructional leadership, under the supervision of the superintendent, for discipline at the campus;
(5)  assign, evaluate, and promote personnel assigned to the campus;
(6)  recommend to the superintendent the termination or suspension of an employee assigned to the campus or the nonrenewal of the term contract of an employee assigned to the campus;  and
(7)  perform other duties assigned by the superintendent pursuant to the policy of the board of trustees.
(c)  The board of trustees of a school district shall adopt a policy for the selection of a campus principal that includes qualifications required for that position.
(d)  The superintendent or the person designated by the superintendent has final placement authority for a teacher transferred because of enrollment shifts or program changes in the district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter F. District-Level and Site-Based Decision-Making › Section 11.254. State Responsibilities for the Planning and Decision-Making Process

Sec. 11.254.  STATE RESPONSIBILITIES FOR THE PLANNING AND DECISION-MAKING PROCESS.  (a)  The commissioner shall oversee the provision of training and technical support to all districts and campuses in respect to planning and site-based decision-making through one or more sources, including regional education service centers, for school board trustees, superintendents, principals, teachers, parents, and other members of school committees.
(b)  The agency shall conduct an annual statewide survey of the types of district- and campus-level decision-making and planning structures that exist, the extent of involvement of various stakeholders in district- and campus-level planning and decision-making, and the perceptions of those persons of the quality and effectiveness of decisions related to their impact on student performance.
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 11 - School Districts › Subchapter F. District-Level and Site-Based Decision-Making › Section 11.255. Dropout Prevention Review

Sec. 11.255.  DROPOUT PREVENTION REVIEW.  (a)  Each district-level planning and decision-making committee and each campus-level planning and decision-making committee for a junior, middle, or high school campus shall analyze information related to dropout prevention, including:
(1)  the results of the audit of dropout records required by Section 39.308;
(2)  campus information related to graduation rates, dropout rates, high school equivalency certificate rates, and the percentage of students who remain in high school more than four years after entering grade level 9;
(3)  the number of students who enter a high school equivalency certificate program and:
(A)  do not complete the program;
(B)  complete the program but do not take the high school equivalency examination; or
(C)  complete the program and take the high school equivalency examination but do not obtain a high school equivalency certificate;
(4)  for students enrolled in grade levels 9 and 10, information related to academic credit hours earned, retention rates, and placements in alternative education programs and expulsions under Chapter 37; and
(5)  the results of an evaluation of each school-based dropout prevention program in the district.
(b)  Each district-level planning and decision-making committee and each campus-level planning and decision-making committee shall use the information reviewed under this section in developing district or campus improvement plans under this subchapter.
Added by Acts 2003, 78th Leg., ch. 1201, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 12, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter G. Law Applicable to Certain School Districts and County Systems › Section 11.301. Application of Former Law

Sec. 11.301.  APPLICATION OF FORMER LAW.  (a)  A school district or county system operating under former Chapter 17, 18, 22, 25, 26, 27, or 28 on May 1, 1995, may continue to operate under the applicable chapter as that chapter existed on that date and under state law generally applicable to school districts that does not conflict with that chapter.
(b)  A school district operating under former Chapter 22 may incorporate and become an independent school district in the manner provided by former Subchapter F, Chapter 19, as that subchapter existed on May 1, 1995.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2003, 78th Leg., ch. 304, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter G. Law Applicable to Certain School Districts and County Systems › Section 11.302. Public Information

Sec. 11.302.  PUBLIC INFORMATION.  The governing body of a school district or county system to which Section 11.301 applies shall make available to the public for inspection and copying during regular operating hours a copy of the provisions under which the district or county system operates that are specific to that type of district or county system.
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 11 - School Districts › Subchapter G. Law Applicable to Certain School Districts and County Systems › Section 11.303. Municipal School Districts

Sec. 11.303.  MUNICIPAL SCHOOL DISTRICTS.  (a)  Except as otherwise provided by this section, a school district operating under former Chapter 24 may continue to operate under that chapter as it existed on May 1, 1995, and under state law generally applicable to school districts that does not conflict with that chapter.
(b)  The governing body of the municipality may participate in annual hearings or work sessions held by the board of trustees of the municipal school district on the budget and ad valorem tax rate for the coming year.
(c)  The board of trustees of a municipal school district and the governing body of the municipality shall jointly hold any hearing required by law as a condition for the adoption of an annual budget and imposition of an ad valorem tax.
(d)  Neither an annual budget for a municipal school district nor an ad valorem tax to be imposed for the district may be adopted without the affirmative vote of:
(1)  a majority of the members of the board of trustees of the municipal school district present and voting;  and
(2)  at least three-quarters of the total of the voting members of the board of trustees and the governing body of the municipality that are present and voting.
(e)  If a quorum of the members of the governing body of the municipality is not present at a meeting required under Subsection (c), the board of trustees may adopt a budget or an ad valorem tax rate without regard to the requirements of Subsection (d).
(f)  Notwithstanding former Section 24.06(c), as it existed on May 1, 1995, the governing body of the municipality shall adopt an ordinance providing for the levy and assessment of the tax approved pursuant to Subsection (d) or (e).
(g)  After adopting an ordinance levying a tax for the municipal school district, the governing body of the municipality shall provide a certified copy of the ordinance to the district's board of trustees.
(h)  This section may not be construed as authorizing the governing body of a municipality to levy a tax for the support of schools of a municipal school district without fully complying with all applicable provisions of the Tax Code.
Added by Acts 2003, 78th Leg., ch. 304, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter G. Law Applicable to Certain School Districts and County Systems › Section 11.304. Write-in Voting: Common School District Board Election

Sec. 11.304.  WRITE-IN VOTING: COMMON SCHOOL DISTRICT BOARD ELECTION.  The procedures for write-in voting prescribed for an election for trustees of an independent school district under Section 11.056 apply to an election for trustees of a common school district operating under former Chapter 22 as that chapter existed on May 1, 1995.
Added by Acts 2007, 80th Leg., R.S., Ch. 283 (H.B. 606), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.351. Authority to Establish Special-Purpose School District

Sec. 11.351.  AUTHORITY TO ESTABLISH SPECIAL-PURPOSE SCHOOL DISTRICT.  (a)  On the recommendation of the commissioner and after consulting with the school districts involved and obtaining the approval of a majority of those districts in each affected county in which a proposed school district is located, the State Board of Education may establish a special-purpose school district for the education of students in special situations whose educational needs are not adequately met by regular school districts.  The board may impose duties or limitations on the school district as necessary for the special purpose of the district.  The board shall exercise the powers as provided by this section relating to the districts established under this section.
(b)  The State Board of Education shall grant to the districts the right to share in the available school fund apportionment and other privileges as are granted to independent and common school districts.
(c)  A special-purpose school district established under this section that is operated by a general academic teaching institution, as that term is defined by Section 61.003, may:
(1)  in enrolling students or creating a waitlist for student enrollment, prioritize military-connected students, as that term is defined by Section 25.006(d); and
(2)  enroll a student who:
(A)  is a dependent of a member of the United States military;
(B)  was previously enrolled in school in this state; and
(C)  does not reside in this state due to a military deployment or transfer.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 1041 (H.B. 4124), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.352. Governance of Special-Purpose District

Sec. 11.352.  GOVERNANCE OF SPECIAL-PURPOSE DISTRICT.  (a)  The State Board of Education shall appoint for each district established under Section 11.351 a board of three, five, or seven trustees, as determined by the State Board of Education.  A trustee is not required to be a resident of the district.
(b)  For each military reservation school district, the State Board of Education may appoint a board of three or five trustees.  Enlisted military personnel and military officers may be appointed to the school board.  A majority of the trustees appointed for the district must be civilians and all may be civilians.  The trustees shall be selected from a list of persons who are qualified to serve as members of a school district board of trustees under Section 11.061 and who live on or are employed on the military reservation.  A person who retires from active duty or civilian service while serving a term as a member of the board of trustees may continue to serve for the remainder of that person's term.  The list shall be furnished to the board by the commanding officer of the military reservation.  The trustees appointed serve terms of two years.
(c)  The State Board of Education shall adopt rules for the governance of a special-purpose district.  In the absence of a rule adopted under this subsection, the laws applicable to independent school districts apply to a special-purpose district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Amended by Acts 2001, 77th Leg., ch. 982, Sec. 3, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 676 (S.B. 144), Sec. 1, eff. June 17, 2005.
Acts 2023, 88th Leg., R.S., Ch. 759 (H.B. 4210), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.353. Admission and Attendance

Sec. 11.353.  ADMISSION AND ATTENDANCE.  A child is eligible to attend school in a military reservation school district if the child is eligible under Section 25.001 and is the child of an officer, soldier, or civilian employee residing or employed on the reservation.  The board of trustees may transfer any child who cannot be provided for by the district of the child's residence to any school district maintaining adequate facilities and standards for elementary, junior, or senior high schools, as applicable.
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 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.354. Abolition of Special-Purpose District

Sec. 11.354.  ABOLITION OF SPECIAL-PURPOSE DISTRICT.  On the written request signed by a majority of the board of trustees of a military reservation school district, the State Board of Education may abolish the district.  The State Board of Education shall give written notice to the board of trustees requesting abolition.  The territory of the abolished district and property of the district shall be disposed of as provided by Section 13.205.
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 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.355. Annexation of Additional Territory by Certain Special-Purpose Districts

Sec. 11.355.  ANNEXATION OF ADDITIONAL TERRITORY BY CERTAIN SPECIAL-PURPOSE DISTRICTS.  (a)  Any military reservation territory that is subject to the same post or base command as a military reservation used to house dependents of military and civilian personnel and that wholly contains an independent school district, whether or not the reservations are contiguous, may be annexed to that reservation independent school district by the State Board of Education on petition of that post or base commander.
(b)  If a military reservation territory has been annexed to an independent school district of the same post or base command under Subsection (a) and the territory is no longer used to house dependents of military and civilian personnel, the State Board of Education, on petition of the post or base command, or on petition of a majority of the trustees of the school district from which the territory was originally detached, may detach the territory from the military reservation constituting an independent school district and annex it to the school district from which it was originally detached.
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 11 - School Districts › Subchapter H. Special-Purpose School Districts › Section 11.356. Support of Students Enrolled in Special-Purpose School Districts

Sec. 11.356.  SUPPORT OF STUDENTS ENROLLED IN SPECIAL-PURPOSE SCHOOL DISTRICTS.  The independent or common school district that is responsible for providing education services to a student who is enrolled in a special-purpose school district established under Section 11.351 shall share the cost of the student's education in the manner provided under Section 30.003 for students enrolled in the Texas School for the Blind and Visually Impaired or the Texas School for the Deaf unless the State Board of Education finds that the student's education in a particular special-purpose school or school district is not the responsibility of the independent or common school district.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter A. General Provisions › Section 12.001. Purposes of Chapter

Sec. 12.001.  PURPOSES OF CHAPTER.  (a)  The purposes of this chapter are to:
(1)  improve student learning;
(2)  increase the choice of learning opportunities within the public school system;
(3)  create professional opportunities that will attract new teachers to the public school system;
(4)  establish a new form of accountability for public schools;  and
(5)  encourage different and innovative learning methods.
(b)  This chapter shall be applied in a manner that ensures the fiscal and academic accountability of persons holding charters issued under this chapter.  This chapter may not be applied in a manner that unduly regulates the instructional methods or pedagogical innovations of charter schools.
Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter A. General Provisions › Section 12.0011. Alternative Method of Operation

Sec. 12.0011.  ALTERNATIVE METHOD OF OPERATION.  As an alternative to operating in the manner generally provided by this title, an independent school district, a school campus, or an educational program may choose to operate under a charter in accordance with this chapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.  Renumbered from Sec. 12.001 by Acts 2001, 77th Leg., ch. 1504, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter A. General Provisions › Section 12.002. Classes of Charter

Sec. 12.002.  CLASSES OF CHARTER.  The classes of charter under this chapter are:
(1)  a home-rule school district charter as provided by Subchapter B;
(2)  a campus or campus program charter as provided by Subchapter C;   or
(3)  an open-enrollment charter as provided by Subchapter D.
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 A. General Provisions › Section 12.003. Authority of Board of Trustees to Grant Other Charters

Sec. 12.003.  AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER CHARTERS.  This chapter does not limit the authority of the board of trustees of a school district to grant a charter to a campus or program to operate in accordance with the other provisions of this title and rules adopted under those provisions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.011. Authorization and Status

Sec. 12.011.  AUTHORIZATION AND STATUS.  (a)  In accordance with this subchapter, a school district may adopt a home-rule school district charter under which the district will operate.
(b)  The adoption of a home-rule school district charter by a school district does not affect:
(1)  the district's boundaries;  or
(2)  taxes or bonds of the district authorized before the effective date of the charter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.012. Applicability of Laws and Rules to Home-Rule School District

Sec. 12.012.  APPLICABILITY OF LAWS AND RULES TO HOME-RULE SCHOOL DISTRICT.  (a)  A home-rule school district is subject to federal and state laws and rules governing school districts, except that a home-rule school district is subject to:
(1)  this code only to the extent that the applicability to a home-rule school district of a provision of this code is specifically provided;
(2)  a rule adopted under this code by the State Board of Education or the commissioner only if the code provision authorizing the rule specifically applies to a home-rule school district;  and
(3)  all requirements of federal law and applicable court orders relating to eligibility for and the provision of special education and bilingual programs.
(b)  An employee of a home-rule school district who qualifies for membership in the Teacher Retirement System of Texas shall be covered under the system in the same manner and to the same extent as a qualified employee employed by an independent school district is covered.
(c)  This section does not permit a home-rule school district to discriminate against a student who has been diagnosed as having a learning disability, including dyslexia or attention deficit/hyperactivity disorder.  Discrimination prohibited by this subsection includes denial of placement in a gifted and talented program if the student would otherwise be qualified for the program but for the student's learning disability.  This section does not permit a home-rule school district to, on the basis of race, socioeconomic status, learning disability, or family support status, place a student in a program other than the highest-level program necessary to ensure the student's success.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.014. Appointment of Charter Commission

Sec. 12.014.  APPOINTMENT OF CHARTER COMMISSION.  The board of trustees of a school district shall appoint a charter commission to frame a home-rule school district charter if:
(1)  the board receives a petition requesting the appointment of a charter commission to frame a home-rule school district charter signed by at least five percent of the registered voters of the district;  or
(2)  at least two-thirds of the total membership of the board adopt a resolution ordering that a charter commission be appointed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.015. Charter Commission

Sec. 12.015.  CHARTER COMMISSION.  (a)  Not later than the 30th day after the date of receipt of a petition or adoption of a resolution under Section 12.014, the board of trustees of the school district shall appoint 15 residents of the district to serve on the commission to frame a charter for the district.
(b)  The membership of the charter commission must reflect the racial, ethnic, socioeconomic, and geographic diversity of the district.  A majority of the members appointed to the commission must be parents of school-age children attending public school.  At least 25 percent of the commission must be classroom teachers selected by the representatives of the professional staff pursuant to Section 11.251(e).
(c)  The charter commission must complete a proposed charter not later than the first anniversary of the date of its appointment.  After that date, the commission expires and the appointment under Section 12.014 is void.
(d)  A charter commission appointed under this section is considered a governmental body for purposes of Chapters 551 and 552, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.016. Content

Sec. 12.016.  CONTENT.  Each home-rule school district charter must:
(1)  describe the educational program to be offered;
(2)  provide that continuation of the home-rule school district charter is contingent on:
(A)  acceptable student performance on assessment instruments adopted under Subchapter B, Chapter 39; and
(B)  compliance with other applicable accountability provisions under Chapters 39 and 39A;
(3)  specify any basis, in addition to a basis specified by this subchapter, on which the charter may be placed on probation or revoked;
(4)  describe the governing structure of the district and campuses;
(5)  specify any procedure or requirement, in addition to those under Chapter 38, that the district will follow to ensure the health and safety of students and employees;
(6)  describe the process by which the district will adopt an annual budget, including a description of the use of program-weight funds;
(7)  describe the manner in which an annual audit of financial and programmatic operations of the district is to be conducted, including the manner in which the district will provide information necessary for the district to participate in the Public Education Information Management System (PEIMS) to the extent required by this subchapter; and
(8)  include any other provision the charter commission considers necessary.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(6), eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.017. Determination of Compliance With Voting Rights Act

Sec. 12.017.  DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT.  (a)  The charter commission shall submit the proposed charter to the secretary of state.  The secretary of state shall determine whether a proposed charter contains a change in the governance of the school district.
(b)  If the secretary of state determines that a proposed charter contains a change in the governance of the school district, the secretary of state shall, not later than the second working day after the date the secretary of state makes that determination, notify the board of trustees of the school district.  The board shall submit the proposed change to the United States Department of Justice or the United States District Court for the District of Columbia for preclearance under the Voting Rights Act (42 U.S.C. Section 1973c et seq.).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.018. Legal Review

Sec. 12.018.  LEGAL REVIEW.  The charter commission shall submit the proposed charter to the commissioner.  As soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed charter, the commissioner shall review the proposed charter to ensure that the proposed charter complies with any applicable laws and shall recommend to the charter commission any modifications necessary.  If the commissioner does not act within the prescribed time, the proposed charter is approved.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.019. Charter Election

Sec. 12.019.  CHARTER ELECTION.  (a)  As soon as practicable after approval of a home-rule school district charter under Section 12.018, the board of trustees of the district shall order an election on the proposed charter.
(b)  The proposed charter shall be submitted to the voters of the district at an election to be held on the first uniform election date that occurs at least 45 days after the date on which the board of trustees orders the election.
(c)  At least three copies of the proposed charter must be available in the office of each school campus in the district and at the district's central administrative office between the date of the election order and election day.  Notice of the election must include a statement of where and how copies may be obtained or viewed.  A summary of the content of the proposed charter shall be attached to each copy.  The summary also shall be made available to school district employees, parents, community members, and members of the media.
(d)  The ballot shall be printed to permit voting for or against the proposition "Whether the (name of school district) School District shall be governed under the home-rule school district charter, which is proposed by a charter commission appointed by the board of trustees and under which only certain laws and rules apply to the district."
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.020. Charter Amendment

Sec. 12.020.  CHARTER AMENDMENT.  (a)  The governing body of a home-rule school district on its own motion may submit a proposed charter amendment that complies with this subchapter to the commissioner for legal review.
(b)  The governing body shall submit a proposed charter amendment that complies with this subchapter to the commissioner for legal review if a petition submitted to the governing body proposing the charter amendment is signed by at least five percent of the registered voters of the district.
(c)  As soon as practicable, but not later than the 30th day after the date on which the requirements for an election under Subsection (a) or (b) are satisfied, the commissioner shall review the proposed amendment to ensure that the proposed amendment complies with any applicable laws and shall recommend any modifications necessary.  If the commissioner does not act within the prescribed time, the proposed charter amendment is approved.
(d)  As soon as practicable after commissioner review under Subsection (c), the governing body of the district shall order an election on the proposed amendment.
(e)  An election under this section shall be held on the first uniform election date that occurs at least 45 days after the date the election is ordered.
(f)  Notice of the election must include a substantial copy of the proposed charter amendment.
(g)  A charter amendment may not contain more than one subject.
(h)  The ballot shall be prepared so that a voter may approve or disapprove any one or more charter amendments without having to approve or disapprove all of the charter amendments.
(i)  The governing body may not order an election on a proposed charter amendment earlier than the first anniversary of the date of any previous election to amend the charter.
(j)  Section 12.017 applies to a proposed charter amendment, except that the governing body shall submit the proposed charter amendment to the secretary of state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.021. Adoption of Charter or Charter Amendment

Sec. 12.021.  ADOPTION OF CHARTER OR CHARTER AMENDMENT.  (a)  Subject to Section 12.022, a proposed home-rule school district charter or a proposed charter amendment is adopted if approved by a majority of the qualified voters of the district voting at an election held for that purpose.
(b)  A charter or charter amendment shall specify an effective date and takes effect according to its terms when the governing body of the school district enters an order declaring that the charter or charter amendment is adopted.  The governing body shall enter an order not later than the 10th day after the date the canvass of the election returns is completed.
(c)  As soon as practicable after a school district adopts a home-rule school district charter or charter amendment, the board of trustees or governing body shall notify the commissioner of the outcome of the election.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.022. Minimum Voter Turnout Required

Sec. 12.022.  MINIMUM VOTER TURNOUT REQUIRED.  (a)  An election on the adoption of a proposed home-rule school district charter has no effect unless at least 25 percent of the registered voters of the district vote in the election in which the adoption of the charter is on the ballot.
(b)  An election on the adoption of a proposed amendment to a home-rule school district charter has no effect unless at least 20 percent of the registered voters of the district vote in the election in which the adoption of the amendment is on the ballot.
(c)  If the required number of voters prescribed by Subsection (a) or (b) do not vote in the election, the board of trustees shall order an election on the issue to be held on the first uniform election date:
(1)  that occurs at least 45 days after the date the election is ordered;  and
(2)  on which one or more elections are to be held, the combination of which covers all of the territory of the school district.
(d)  If the required number of voters prescribed by Subsection (a) or (b) do not vote at an election ordered as required by Subsection (c), the board of trustees may continue to order elections on the issue in accordance with Subsection (c) until the required minimum voter turnout is achieved.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.023. Certification of Charter or Charter Amendment

Sec. 12.023.  CERTIFICATION OF CHARTER OR CHARTER AMENDMENT.  (a)  As soon as practicable after a school district adopts a home-rule school district charter or charter amendment, the president of the board of trustees shall certify to the secretary of state a copy of the charter or amendment showing the approval by the voters of the district.
(b)  The secretary of state shall file and record the certification in the secretary of state's office.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.024. Effect of Recording Charter or Charter Amendment

Sec. 12.024.  EFFECT OF RECORDING CHARTER OR CHARTER AMENDMENT.  A recorded charter or charter amendment is a public act.  A court shall take judicial notice of a recorded charter or charter amendment and proof is not required of its provisions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 2 - Public Education › Subtitle C - Local Organization and Governance › Chapter 12 - Charters › Subchapter B. Home-Rule School District Charter › Section 12.025. Governance

Sec. 12.025.  GOVERNANCE.  (a)  A home-rule school district may adopt and operate under any governing structure.
(b)  The district may:
(1)  create offices;
(2)  determine the time and method for selecting officers;  and
(3)  prescribe the qualifications and duties of officers.
(c)  The term of any officer of the district is determined under Section 11.059.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.