EDUCATION CODE
CHAPTER 12. CHARTERS
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept. 1,
2001.
§ 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, § 1, eff. May 30, 1995.
Renumbered from § 12.001 by Acts 2001, 77th Leg., ch. 1504, §
1, eff. Sept. 1, 2001.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
SUBCHAPTER B. HOME-RULE SCHOOL DISTRICT CHARTER
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 12.013. APPLICABILITY OF TITLE. (a) A home-rule
school district has the powers and entitlements granted to school
districts and school district boards of trustees under this title,
including taxing authority.
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(D) student admissions under Section 25.001;
(E) school attendance under Sections 25.085,
25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that is considered
low-performing under Section 39.132;
(H) high school graduation under Section 28.025;
(I) special education programs under Subchapter
A, Chapter 29;
(J) bilingual education under Subchapter B,
Chapter 29;
(K) prekindergarten programs under Subchapter E,
Chapter 29;
(L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(M) computation and distribution of state aid
under Chapters 31, 42, and 43;
(N) extracurricular activities under Section
33.081;
(O) health and safety under Chapter 38;
(P) public school accountability under
Subchapters B, C, D, and G, Chapter 39;
(Q) equalized wealth under Chapter 41;
(R) a bond or other obligation or tax rate under
Chapters 42, 43, and 45; and
(S) purchasing under Chapter 44.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 342, § 2, eff. Sept. 1,
2003.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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 Chapter 39;
(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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 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, § 1, eff. May 30, 1995.
§ 12.026. CHANGE IN GOVERNING BODY. If the adoption,
amendment, or revocation of a home-rule school district charter
changes the structure of the governing body of the school district,
the members of the governing body serving on the date the adoption,
amendment, or revocation takes effect continue in office until
their successors are chosen and have qualified for office.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.027. BASIS FOR PLACEMENT ON PROBATION OR REVOCATION
OF CHARTER. (a) The State Board of Education may place on
probation or revoke a home-rule school district charter of a school
district if the board determines that the district:
(1) committed a material violation of the charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter or other
applicable federal or state law or rule.
(b) The action the board takes under Subsection (a) shall be
based on the best interest of district students, the severity of the
violation, and any previous violation the district has committed.
(c) A district whose home-rule school district charter is
revoked or rescinded under this subchapter shall operate under the
other provisions of Title 1 and this title that apply to school
districts.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.028. PROCEDURE FOR PLACEMENT ON PROBATION OR
REVOCATION. (a) The State Board of Education by rule shall adopt
a procedure to be used for placing on probation or revoking a
home-rule school district charter.
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the district and to parents of
district students. A hearing under this subsection must be held in
the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.029. STATUS OF DISTRICT IN CASE OF ANNEXATION OR
CONSOLIDATION. (a) If a school district is annexed to another
district under Chapter 13, and only one of the districts has a
home-rule school district status, the status, as a home-rule or
other type of school district, of the receiving district is the
status for both districts following annexation.
(b) Except as provided by Subchapter H, Chapter 41, if two
or more school districts having different status, one of which is
home-rule school district status, consolidate into a single
district, the petition under Section 13.003 initiating the
consolidation must state the status for the consolidated district.
The ballot shall be printed to permit voting for or against the
proposition: "Consolidation of (names of school districts) into a
single school district governed as (status of school district
specified in the petition)."
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.030. RESCISSION OF CHARTER. (a) A home-rule
school district charter may be rescinded as provided by this
section.
(b) The governing body of the district shall order an
election on the question of rescinding a home-rule school district
charter if:
(1) the governing body receives a petition requesting
a rescission election signed by at least five percent of the
registered voters of the district; or
(2) at least two-thirds of the total membership of the
governing body adopt a resolution ordering that a rescission
election be held.
(c) As soon as practicable after the date of receipt or
adoption of a resolution under Subsection (b), the governing body
shall order an election.
(d) The proposition to rescind the home-rule school
district charter shall be submitted to the voters of the district at
an election to be held on the first uniform election date that
occurs at least 45 days after the date on which the governing body
orders the election.
(e) The ballot shall be printed to permit voting for or
against the proposition: "Whether the home-rule school district
charter of (name of school district) shall be rescinded so that the
school district becomes an independent school district."
(f) A home-rule school district charter is rescinded if the
rescission is approved by a majority of the qualified voters of the
district voting at an election held for that purpose at which at
least 25 percent of the registered voters of the district vote.
(g) The rescission takes effect on a date established by
resolution of the governing body but not later than the 90th day
after the date of an election held under this section at which
rescission of the charter is approved and at which the number of
registered voters required under Subsection (f) vote. As soon as
practicable after that election, the governing body shall notify
the commissioner and the secretary of state of the results of the
election and of the effective date of the rescission.
(h) The rescission of a home-rule school district charter
under this section does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before
the effective date of the rescission.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
SUBCHAPTER C. CAMPUS OR CAMPUS PROGRAM CHARTER
§ 12.051. DEFINITIONS. In this subchapter:
(1) "Parent" means the parent who is indicated on the
student registration form at that school campus.
(2) "Board" and "board of trustees" mean the board of
trustees of a school district or the governing body of a home-rule
school district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.052. AUTHORIZATION. (a) In accordance with this
subchapter, the board of trustees of a school district or the
governing body of a home-rule school district may grant a charter to
parents and teachers for a campus or a program on a campus if the
board is presented with a petition signed by:
(1) the parents of a majority of the students at that
school campus; and
(2) a majority of the classroom teachers at that
school campus.
(b) For purposes of Subsection (a)(1), the signature of only
one parent of a student is required.
(c) The board of trustees may not arbitrarily deny a charter
under this section.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.0521. ALTERNATIVE
AUTHORIZATION. (a) Notwithstanding Section 12.052, in
accordance with this subchapter and in the manner provided by this
section, the board of trustees of a school district or the governing
body of a home-rule school district may grant a charter for:
(1) a new district campus; or
(2) a program that is operated:
(A) by an entity that has entered into a contract
with the district under Section 11.157 to provide educational
services to the district through the campus or program; and
(B) at a facility located in the boundaries of
the district.
(b) A student's parent or guardian may choose to enroll the
student at a campus or in a program under this section. A school
district may not assign a student to a campus or program under this
section unless the student's parent or guardian has voluntarily
enrolled the student at the campus or in the program. A student's
parent or guardian may, at any time, remove the student from a
campus or program under this section and enroll the student at the
campus to which the student would ordinarily be assigned.
(c) A school district may not assign to a campus or program
under this section a teacher who has signed a written statement that
the teacher does not agree to that assignment.
Added by Acts 2003, 78th Leg., ch. 1212, § 1, eff. June 20, 2003.
§ 12.053. COOPERATIVE CAMPUS CHARTER. (a) The board
of trustees may grant a charter to parents and teachers at two or
more campuses in the district for a cooperative charter program if
the board is presented with a petition signed by:
(1) the parents of a majority of the students at each
school campus; and
(2) a majority of the classroom teachers at each
school campus.
(b) For purposes of Subsection (a)(1), the signature of only
one parent is required.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.054. AUTHORITY UNDER CHARTER. A campus or program
for which a charter is granted under this subchapter:
(1) is exempt from the instructional and academic
rules and policies of the board of trustees from which the campus or
program is specifically exempted in the charter; and
(2) retains authority to operate under the charter
only if students at the campus or in the program perform
satisfactorily as provided by the charter in accordance with
Section 12.059.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 1335, § 2, eff. Sept. 1,
1997.
§ 12.055. APPLICABILITY OF LAWS AND RULES TO CAMPUS OR
PROGRAM GRANTED CHARTER. A campus or program for which a charter
is granted under this subchapter is subject to federal and state
laws and rules governing public schools, except that the campus or
program is subject to this code and rules adopted under this code
only to the extent the applicability to a campus or program for
which a charter is granted under this subchapter of a provision of
this code or a rule adopted under this code is specifically
provided.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.056. APPLICABILITY OF TITLE. (a) A campus or
program for which a charter is granted under this subchapter has the
powers granted to schools under this title.
(b) A campus or program for which a charter is granted under
this subchapter is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) high school graduation under Section 28.025;
(D) special education programs under Subchapter
A, Chapter 29;
(E) bilingual education under Subchapter B,
Chapter 29;
(F) prekindergarten programs under Subchapter E,
Chapter 29;
(G) extracurricular activities under Section
33.081;
(H) health and safety under Chapter 38; and
(I) public school accountability under
Subchapters B, C, D, and G, Chapter 39.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.057. STATUS. (a) With respect to the operation of
a campus or program granted a charter under this subchapter, the
governing body of the campus or program provided for under the
charter is considered a governmental body for purposes of Chapters
551 and 552, Government Code.
(b) An employee of a campus or program granted a charter
under Section 12.052, 12.0521(a)(1), or 12.053 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 on a regularly operating campus or
in a regularly operating program is covered.
(c) A campus or program granted a charter under Section
12.052, 12.0521(a)(1), or 12.053 is immune from liability to the
same extent as a school district, and its employees and volunteers
are immune from liability to the same extent as school district
employees and volunteers.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2003, 78th Leg., ch. 1212, § 2, eff. June 20,
2003.
§ 12.058. CHARTER POLICY. Each school district shall
adopt a campus charter and program charter policy. The policy must
specify:
(1) the process to be followed for approval of a campus
charter or a program charter;
(2) the statutory requirements with which a campus
charter or program charter must comply; and
(3) the items that must be included in a charter
application.
Added by Acts 1997, 75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
Amended by Acts 2003, 78th Leg., ch. 1212, § 2, eff. June 20,
2003.
§ 12.059. CONTENT. Each charter granted under this
subchapter must:
(1) describe the educational program to be offered,
which may be a general or specialized program;
(2) provide that continuation of the charter is
contingent on satisfactory student performance under Subchapter B,
Chapter 39, and on compliance with other applicable accountability
provisions under Chapter 39;
(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) prohibit discrimination in admission on the basis
of national origin, ethnicity, race, religion, or disability;
(5) describe the governing structure of the campus or
program;
(6) specify any procedure or requirement, in addition
to those under Chapter 38, that the campus or program will follow to
ensure the health and safety of students and employees; and
(7) describe the manner in which an annual audit of
financial and programmatic operations of the campus or program is
to be conducted, including the manner in which the campus or program
will provide information necessary for the school district in which
it is located to participate, as required by this code or by State
Board of Education rule, in the Public Education Information
Management System (PEIMS).
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.058 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
§ 12.060. FORM. A charter shall be in the form and
substance of a written contract signed by the president of the board
of trustees granting the charter and the chief operating officer of
the campus or program for which the charter is granted.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.059 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
§ 12.061. CHARTER GRANTED. Each charter a board of
trustees grants under this subchapter must:
(1) satisfy this subchapter; and
(2) include the information that is required under
Section 12.059 consistent with the information provided in the
application and any modification the board requires.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.060 and amended by
Acts 1997, 75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
§ 12.062. REVISION. (a) A charter granted under
Section 12.052 or 12.053 may be revised:
(1) with the approval of the board of trustees that
granted the charter; and
(2) on a petition signed by a majority of the parents
and a majority of the classroom teachers at the campus or in the
program, as applicable.
(b) A charter granted under Section 12.0521 may be revised
with the approval of the board of trustees that granted the charter.
A charter may be revised under this subsection only before the first
day of instruction of a school year or after the final day of
instruction of a school year.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.061 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997. Amended by Acts
2003, 78th Leg., ch. 1212, § 2, eff. June 20, 2003.
§ 12.063. BASIS FOR PLACEMENT ON PROBATION OR
REVOCATION. (a) A board of trustees may place on probation or
revoke a charter it grants if the board determines that the campus
or program:
(1) committed a material violation of the charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter, another
law, or a state agency rule.
(b) The action the board takes under Subsection (a) shall be
based on the best interest of campus or program students, the
severity of the violation, and any previous violation the campus or
program has committed.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.062 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
§ 12.064. PROCEDURE FOR PLACEMENT ON PROBATION OR
REVOCATION. (a) Each board of trustees that grants a charter
under this subchapter shall adopt a procedure to be used for placing
on probation or revoking a charter it grants.
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the campus or program for which a
charter is granted under this subchapter and to parents and
guardians of students at the campus or in the program. A hearing
under this subsection must be held on the campus or on one of the
campuses in the case of a cooperative charter program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.063 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
§ 12.065. ADMISSION. (a) Eligibility criteria for
admission of students to the campus or program for which a charter
is granted under this subchapter must give priority on the basis of
geographic and residency considerations. After priority is given
on those bases, secondary consideration may be given to a student's
age, grade level, or academic credentials in general or in a
specific area, as necessary for the type of program offered.
(b) The campus or program may require an applicant to submit
an application not later than a reasonable deadline the campus or
program establishes.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Renumbered from V.T.C.A. Education Code § 12.064 by Acts 1997,
75th Leg., ch. 1335, § 1, eff. Sept. 1, 1997.
SUBCHAPTER D. OPEN-ENROLLMENT CHARTER SCHOOL
§ 12.101. AUTHORIZATION. (a) In accordance with this
subchapter, the State Board of Education may grant a charter on the
application of an eligible entity for an open-enrollment charter
school to operate in a facility of a commercial or nonprofit entity,
an eligible entity, or a school district, including a home-rule
school district. In this subsection, "eligible entity" means:
(1) an institution of higher education as defined
under Section 61.003;
(2) a private or independent institution of higher
education as defined under Section 61.003;
(3) an organization that is exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)); or
(4) a governmental entity.
(b) The State Board of Education may grant a charter for an
open-enrollment charter school only to an applicant that meets any
financial, governing, and operational standards adopted by the
commissioner under this subchapter. The State Board of Education
may not grant a total of more than 215 charters for an
open-enrollment charter school.
(c) If the facility to be used for an open-enrollment
charter school is a school district facility, the school must be
operated in the facility in accordance with the terms established
by the board of trustees or other governing body of the district in
an agreement governing the relationship between the school and the
district.
(d) An educator employed by a school district before the
effective date of a charter for an open-enrollment charter school
operated at a school district facility may not be transferred to or
employed by the open-enrollment charter school over the educator's
objection.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 2, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 193, § 1, eff. June 2, 2003.
§ 12.1012. DEFINITIONS. In this subchapter:
(1) "Charter holder" means the entity to which a
charter is granted under this subchapter.
(2) "Governing body of a charter holder" means the
board of directors, board of trustees, or other governing body of a
charter holder.
(3) "Governing body of an open-enrollment charter
school" means the board of directors, board of trustees, or other
governing body of an open-enrollment charter school. The term
includes the governing body of a charter holder if that body acts as
the governing body of the open-enrollment charter school.
(4) "Management company" means a person, other than a
charter holder, who provides management services for an
open-enrollment charter school.
(5) "Management services" means services related to
the management or operation of an open-enrollment charter school,
including:
(A) planning, operating, supervising, and
evaluating the school's educational programs, services, and
facilities;
(B) making recommendations to the governing body
of the school relating to the selection of school personnel;
(C) managing the school's day-to-day operations
as its administrative manager;
(D) preparing and submitting to the governing
body of the school a proposed budget;
(E) recommending policies to be adopted by the
governing body of the school, developing appropriate procedures to
implement policies adopted by the governing body of the school, and
overseeing the implementation of adopted policies; and
(F) providing leadership for the attainment of
student performance at the school based on the indicators adopted
under Section 39.051 or by the governing body of the school.
(6) "Officer of an open-enrollment charter school"
means:
(A) the principal, director, or other chief
operating officer of an open-enrollment charter school;
(B) an assistant principal or assistant director
of an open-enrollment charter school; or
(C) a person charged with managing the finances
of an open-enrollment charter school.
Added by Acts 2001, 77th Leg., ch. 1504, § 3, eff. Sept. 1, 2001.
§ 12.102. AUTHORITY UNDER CHARTER. An open-enrollment
charter school:
(1) shall provide instruction to students at one or
more elementary or secondary grade levels as provided by the
charter;
(2) is governed under the governing structure
described by the charter;
(3) retains authority to operate under the charter
contingent on satisfactory student performance as provided by the
charter in accordance with Section 12.111; and
(4) does not have authority to impose taxes.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.103. GENERAL APPLICABILITY OF LAWS, RULES, AND
ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL. (a) Except as
provided by Subsection (b) or (c), an open-enrollment charter
school is subject to federal and state laws and rules governing
public schools and to municipal zoning ordinances governing public
schools.
(b) An open-enrollment charter school is subject to this
code and rules adopted under this code only to the extent the
applicability to an open-enrollment charter school of a provision
of this code or a rule adopted under this code is specifically
provided.
(c) Notwithstanding Subsection (a), a campus of an
open-enrollment charter school located in whole or in part in a
municipality with a population of 20,000 or less is not subject to a
municipal zoning ordinance governing public schools.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 4, eff. Sept. 1,
2001.
§ 12.104. APPLICABILITY OF TITLE. (a) An
open-enrollment charter school has the powers granted to schools
under this title.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 374,
§ 1
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211;
(E) high school graduation under Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E,
Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, and G, Chapter 39; and
(M) the requirement under Section 21.006 to
report an educator's misconduct.
Text of subsec. (b) as amended by Acts 2003, 78th Leg., ch. 1212,
§ 3
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211;
(E) intensive programs of instruction under
Section 28.0213;
(F) high school graduation under Section 28.025;
(G) special education programs under Subchapter
A, Chapter 29;
(H) bilingual education under Subchapter B,
Chapter 29;
(I) prekindergarten programs under Subchapter E,
Chapter 29;
(J) extracurricular activities under Section
33.081;
(K) discipline management practices or behavior
management techniques under Section 37.0021;
(L) health and safety under Chapter 38; and
(M) public school accountability under
Subchapters B, C, D, and G, Chapter 39.
(c) An open-enrollment charter school is entitled to the
same level of services provided to school districts by regional
education service centers. The commissioner shall adopt rules that
provide for the representation of open-enrollment charter schools
on the boards of directors of regional education service centers.
(d) The commissioner may by rule permit an open-enrollment
charter school to voluntarily participate in any state program
available to school districts, including a purchasing program, if
the school complies with all terms of the program.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 396, § 2.04, eff. Sept. 1,
1999; Acts 2001, 77th Leg., ch. 212, § 2, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1504, § 5, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 374, § 1, eff. June 18, 2003; Acts 2003,
78th Leg., ch. 1212, § 3, eff. June 20, 2003.
§ 12.105. STATUS. An open-enrollment charter school is
part of the public school system of this state.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1335, § 1, eff. June 19,
1999; Acts 2001, 77th Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 12.1051. APPLICABILITY OF OPEN MEETINGS AND PUBLIC
INFORMATION LAWS. (a) With respect to the operation of an
open-enrollment charter school, the governing body of a charter
holder and the governing body of an open-enrollment charter school
are considered to be governmental bodies for purposes of Chapters
551 and 552, Government Code.
(b) With respect to the operation of an open-enrollment
charter school, any requirement in Chapter 551 or 552, Government
Code, that applies to a school district, the board of trustees of a
school district, or public school students applies to an
open-enrollment charter school, the governing body of a charter
holder, the governing body of an open-enrollment charter school, or
students attending an open-enrollment charter school.
Amended by Acts 1999, 76th Leg., ch. 1335, § 1, eff. June 19,
1999. Renumbered from § 12.105(b) and amended by Acts 2001, 77th
Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 12.1052. APPLICABILITY OF LAWS RELATING TO LOCAL
GOVERNMENT RECORDS. (a) With respect to the operation of an
open-enrollment charter school, an open-enrollment charter school
is considered to be a local government for purposes of Subtitle C,
Title 6, Local Government Code, and Subchapter J, Chapter 441,
Government Code.
(b) Records of an open-enrollment charter school and
records of a charter holder that relate to an open-enrollment
charter school are government records for all purposes under state
law.
(c) Any requirement in Subtitle C, Title 6, Local Government
Code, or Subchapter J, Chapter 441, Government Code, that applies
to a school district, the board of trustees of a school district, or
an officer or employee of a school district applies to an
open-enrollment charter school, the governing body of a charter
holder, the governing body of an open-enrollment charter school, or
an officer or employee of an open-enrollment charter school except
that the records of an open-enrollment charter school that ceases
to operate shall be transferred in the manner prescribed by
Subsection (d).
(d) The records of an open-enrollment charter school that
ceases to operate shall be transferred in the manner specified by
the commissioner to a custodian designated by the commissioner.
The commissioner may designate any appropriate entity to serve as
custodian, including the agency, a regional education service
center, or a school district. In designating a custodian, the
commissioner shall ensure that the transferred records, including
student and personnel records, are transferred to a custodian
capable of:
(1) maintaining the records;
(2) making the records readily accessible to students,
parents, former school employees, and other persons entitled to
access; and
(3) complying with applicable state or federal law
restricting access to the records.
(e) If the charter holder of an open-enrollment charter
school that ceases to operate or an officer or employee of such a
school refuses to transfer school records in the manner specified
by the commissioner under Subsection (d), the commissioner may ask
the attorney general to petition a court for recovery of the
records. If the court grants the petition, the court shall award
attorney's fees and court costs to the state.
Added by Acts 2001, 77th Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 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 State Board of Education.
(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, § 6, eff. Sept. 1, 2001.
§ 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
as academically acceptable or higher under Chapter 39 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, § 6, eff. Sept. 1, 2001.
§ 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) Notwithstanding Subsection (a), if an open-enrollment
charter school is rated academically acceptable or higher under
Chapter 39 for at least two of the preceding three school years,
then Chapter 573, Government Code, does not apply to that school;
however, 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 shall comply with the requirements of Sections
171.003-171.007, Local Government Code, with respect to a personnel
matter concerning a person related to the member or officer within
the degree specified by Section 573.002, Government Code, as if the
personnel matter were a transaction with a business entity subject
to those sections, and persons defined under Sections
573.021-573.025, Government Code, shall not constitute a quorum of
the governing body or any committee of the governing body.
Added by Acts 2001, 77th Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 12.1056. IMMUNITY FROM LIABILITY. In matters related
to operation of an open-enrollment charter school, an
open-enrollment charter school is immune from liability to the same
extent as a school district, and its employees and volunteers are
immune from liability to the same extent as school district
employees and volunteers. A member of the governing body of an
open-enrollment charter school or of a charter holder is immune
from liability to the same extent as a school district trustee.
Amended by Acts 1999, 76th Leg., ch. 1335, § 1, eff. June 19,
1999. Renumbered from § 12.105(c) and amended by Acts 2001, 77th
Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 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, § 1, eff. June 19,
1999. Renumbered from § 12.105(d) and amended by Acts 2001, 77th
Leg., ch. 1504, § 6, eff. Sept. 1, 2001.
§ 12.106. STATE FUNDING. (a) A charter holder is
entitled to receive for the open-enrollment charter school funding
under Chapter 42 as if the school were a school district without a
tier one local share for purposes of Section 42.253 and without any
local revenue ("LR") for purposes of Section 42.302. In
determining funding for an open-enrollment charter school,
adjustments under Sections 42.102, 42.103, 42.104, and 42.105 and
the district enrichment tax rate ("DTR") under Section 42.302 are
based on the average adjustment and average district enrichment tax
rate for the state.
(b) An open-enrollment charter school is entitled to funds
that are available to school districts from the agency or the
commissioner in the form of grants or other discretionary funding
unless the statute authorizing the funding explicitly provides that
open-enrollment charter schools are not entitled to the funding.
(c) The commissioner may adopt rules to provide and account
for state funding of open-enrollment charter schools under this
section. A rule adopted under this section may be similar to a
provision of this code that is not similar to Section 12.104(b) if
the commissioner determines that the rule is related to financing
of open-enrollment charter schools and is necessary or prudent to
provide or account for state funds.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 7, eff. Sept. 1,
2001.
§ 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, § 1, eff. June 20, 2003.
§ 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); and
(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.
(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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 7, eff. Sept. 1,
2001.
§ 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, § 8, eff. Sept. 1, 2001.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 9, eff. Sept. 1,
2001.
§ 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, § 1, eff. May 30, 1995.
§ 12.110. APPLICATION. (a) The State Board of
Education 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 board 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 board may approve or deny an application based on
criteria it adopts. The criteria the board adopts must include:
(1) criteria relating to improving student
performance and encouraging innovative programs; and
(2) 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.1101. NOTIFICATION OF CHARTER APPLICATION. The
commissioner by rule shall adopt a procedure for providing notice
to the following persons on receipt by the State Board of Education
of an application for a charter for an open-enrollment charter
school under Section 12.110:
(1) the board of trustees of each school district from
which the proposed open-enrollment charter school 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, as determined
by the commissioner.
Added by Acts 2001, 77th Leg., ch. 1504, § 10, eff. Sept. 1,
2001.
§ 12.111. CONTENT. (a) Each charter granted under
this subchapter must:
(1) describe the educational program to be offered,
which must include the required curriculum as provided by Section
28.002;
(2) specify the period for which the charter or any
charter renewal is valid;
(3) provide that continuation or renewal of the
charter is contingent on acceptable student performance on
assessment instruments adopted under Subchapter B, Chapter 39, and
on compliance with any accountability provision specified by the
charter, by a deadline or at intervals specified by the charter;
(4) establish the level of student performance that is
considered acceptable for purposes of Subdivision (3);
(5) specify any basis, in addition to a basis
specified by this subchapter, on which the charter may be placed on
probation or revoked or on which renewal of the charter may be
denied;
(6) prohibit discrimination in admission policy on the
basis of sex, national origin, ethnicity, religion, disability,
academic, artistic, or athletic ability, or the district the child
would otherwise attend in accordance with this code, although the
charter may provide for the exclusion of a student who has a
documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
37;
(7) specify the grade levels to be offered;
(8) describe the governing structure of the program,
including:
(A) the officer positions designated;
(B) the manner in which officers are selected and
removed from office;
(C) the manner in which members of the governing
body of the school are selected and removed from office;
(D) the manner in which vacancies on that
governing body are filled;
(E) the term for which members of that governing
body serve; and
(F) whether the terms are to be staggered;
(9) specify the powers or duties of the governing body
of the school that the governing body may delegate to an officer;
(10) specify the manner in which the school will
distribute to parents information related to the qualifications of
each professional employee of the program, including any
professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held
by each employee, and any relevant experience of each employee;
(11) describe the process by which the person
providing the program will adopt an annual budget;
(12) describe the manner in which an annual audit of
the financial and programmatic operations of the program is to be
conducted, including the manner in which the person providing the
program will provide information necessary for the school district
in which the program is located to participate, as required by this
code or by State Board of Education rule, in the Public Education
Information Management System (PEIMS);
(13) describe the facilities to be used;
(14) describe the geographical area served by the
program; and
(15) specify any type of enrollment criteria to be
used.
(b) A charter holder of an open-enrollment charter school
shall consider including in the school's charter a requirement that
the school develop and administer personal graduation plans under
Section 28.0212.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1999, 76th Leg., ch. 1335, § 2, eff. June 19,
1999; Acts 2001, 77th Leg., ch. 1504, § 11, eff. Sept. 1, 2001;
Acts 2003, 78th Leg., ch. 1212, § 4, eff. June 20, 2003.
§ 12.112. FORM. A charter for an open-enrollment
charter school shall be in the form of a written contract signed by
the chair of the State Board of Education and the chief operating
officer of the school.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
§ 12.113. CHARTER GRANTED. (a) Each charter the State
Board of Education 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 board requires.
(b) The grant of a charter under this subchapter does not
create an entitlement to a renewal of a charter on the same terms as
it was originally issued.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 11, eff. Sept. 1,
2001.
§ 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 12, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 1048, § 2, eff. June 20, 2003.
§ 12.115. BASIS FOR MODIFICATION, PLACEMENT ON
PROBATION, REVOCATION, OR DENIAL OF RENEWAL. (a) The
commissioner may modify, place on probation, revoke, or deny
renewal of the charter of an open-enrollment charter school if the
commissioner determines that the charter holder:
(1) committed a material violation of the charter,
including failure to satisfy accountability provisions prescribed
by the charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, or welfare
of the students enrolled at the school; or
(4) failed to comply with this subchapter or another
applicable law or rule.
(b) The action the commissioner takes under Subsection (a)
shall be based on the best interest of the school's students, the
severity of the violation, and any previous violation the school
has committed.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 12, eff. Sept. 1,
2001.
§ 12.116. PROCEDURE FOR MODIFICATION, PLACEMENT ON
PROBATION, REVOCATION, OR DENIAL OF RENEWAL. (a) The
commissioner shall adopt a procedure to be used for modifying,
placing on probation, revoking, or denying renewal of the charter
of an open-enrollment charter school.
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the charter holder and to parents
and guardians of students in the school. A hearing under this
subsection must be held at the facility at which the program is
operated.
(c) Chapter 2001, Government Code, does not apply to a
hearing that is related to a modification, placement on probation,
revocation, or denial of renewal under this subchapter.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 12, eff. Sept. 1,
2001.
§ 12.1161. EFFECT OF REVOCATION, DENIAL OF RENEWAL, OR
SURRENDER OF CHARTER. (a) Except as provided by Subsection (b),
if the commissioner revokes or denies the renewal of a charter of an
open-enrollment charter school, or if 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) An open-enrollment charter school may continue to
operate and receive state funds under this subchapter for the
remainder of a school year if the commissioner denies renewal of the
school's charter before the completion of that school year.
Added by Acts 2001, 77th Leg., ch. 1504, § 13, eff. Sept. 1,
2001.
§ 12.1162. ADDITIONAL SANCTIONS. (a) The commissioner
shall take any of the actions described by Subsection (b) or by
Section 39.131(a), to the extent the commissioner determines
necessary, if an open-enrollment charter school, as determined by a
report issued under Section 39.076(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, § 13, eff. Sept. 1,
2001.
§ 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 under Section 12.1163 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.
Added by Acts 2001, 77th Leg., ch. 1504, § 13, eff. Sept. 1,
2001. Amended by Acts 2003, 78th Leg., ch. 511, § 1, eff. Sept.
1, 2003.
§ 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 an
application 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.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 14, eff. Sept. 1,
2001.
§ 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, § 1, eff. May 30, 1995.
Amended by Acts 2001, 77th Leg., ch. 1504, § 15, eff. Sept. 1,
2001.
§ 12.119. BYLAWS; ANNUAL REPORT. (a) A charter holder
shall file with the State Board of Education 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 board.
(b) Each year within the period and in a form prescribed by
the State Board of Education, each open-enrollment charter school
shall file with the board 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 State Board of Education shall provide
the information required by this section and Section 12.111(8) to a
member of the public. The board may charge a reasonable fee to
cover the board's cost in providing the information.
Added by Acts 1999, 76th Leg., ch. 1335, § 3, eff. June 19, 1999.
Amended by Acts 2001, 77th Leg., ch. 1504, § 16, eff. Sept. 1,
2001.
§ 12.120. RESTRICTIONS ON SERVING AS MEMBER OF GOVERNING
BODY OF CHARTER HOLDER OR OPEN-ENROLLMENT CHARTER SCHOOL OR AS
OFFICER OR EMPLOYEE. (a) A person may not serve as a member of the
governing body of a charter holder, as a member of the governing
body of an open-enrollment charter school, or as an officer or
employee of an open-enrollment charter school if the person:
(1) has been convicted of a felony or a misdemeanor
involving moral turpitude;
(2) has been convicted of an offense listed in Section
37.007(a);
(3) has been convicted of an offense listed in Article
62.01(5), Code of Criminal Procedure; or
(4) has a substantial interest in a management
company.
(b) For purposes of Subsection (a)(4), a person has a
substantial interest in a management company if the person:
(1) has a controlling interest in the company;
(2) owns more than 10 percent of the voting interest in
the company;
(3) owns more than $25,000 of the fair market value of
the company;
(4) has a direct or indirect participating interest by
shares, stock, or otherwise, regardless of whether voting rights
are included, in more than 10 percent of the profits, proceeds, or
capital gains of the company;
(5) is a member of the board of directors or other
governing body of the company;
(6) serves as an elected officer of the company; or
(7) is an employee of the company.
Added by Acts 1999, 76th Leg., ch. 1335, § 3, eff. June 19, 1999.
Amended by Acts 2001, 77th Leg., ch. 1504, § 17, eff. Sept. 1,
2001.
§ 12.121. RESPONSIBILITY FOR OPEN-ENROLLMENT CHARTER
SCHOOL. The governing body of an open-enrollment charter school is
responsible for the management, operation, and accountability of
the school, regardless of whether the governing body delegates the
governing body's powers and duties to another person.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.122. LIABILITY OF MEMBERS OF GOVERNING BODY OF
OPEN-ENROLLMENT CHARTER SCHOOL. (a) Notwithstanding the Texas
Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
Texas Civil Statutes) or other law, on request of the commissioner,
the attorney general may bring suit against a member of the
governing body of an open-enrollment charter school for breach of a
fiduciary duty by the member, including misapplication of public
funds.
(b) The attorney general may bring suit under Subsection (a)
for:
(1) damages;
(2) injunctive relief; or
(3) any other equitable remedy determined to be
appropriate by the court.
(c) This section is cumulative of all other remedies.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.123. TRAINING FOR MEMBERS OF GOVERNING BODY OF
SCHOOL AND OFFICERS. (a) The commissioner shall adopt rules
prescribing training for:
(1) members of governing bodies of open-enrollment
charter schools; and
(2) officers of open-enrollment charter schools.
(b) The rules adopted under Subsection (a) may:
(1) specify the minimum amount and frequency of the
training;
(2) require the training to be provided by:
(A) the agency and regional education service
centers;
(B) entities other than the agency and service
centers, subject to approval by the commissioner; or
(C) both the agency, service centers, and other
entities; and
(3) require training to be provided concerning:
(A) basic school law, including school finance;
(B) health and safety issues;
(C) accountability requirements related to the
use of public funds; and
(D) other requirements relating to
accountability to the public, such as open meetings requirements
under Chapter 551, Government Code, and public information
requirements under Chapter 552, Government Code.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.124. LOANS FROM MANAGEMENT COMPANY
PROHIBITED. (a) The charter holder or the governing body of an
open-enrollment charter school may not accept a loan from a
management company that has a contract to provide management
services to:
(1) that charter school; or
(2) another charter school that operates under a
charter granted to the charter holder.
(b) A charter holder or the governing body of an
open-enrollment charter school that accepts a loan from a
management company may not enter into a contract with that
management company to provide management services to the school.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.125. CONTRACT FOR MANAGEMENT SERVICES. Any
contract, including a contract renewal, between an open-enrollment
charter school and a management company proposing to provide
management services to the school must require the management
company to maintain all records related to the management services
separately from any other records of the management company.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.126. CERTAIN MANAGEMENT SERVICES CONTRACTS
PROHIBITED. The commissioner may prohibit, deny renewal of,
suspend, or revoke a contract between an open-enrollment charter
school and a management company providing management services to
the school if the commissioner determines that the management
company has:
(1) failed to provide educational or related services
in compliance with the company's contractual or other legal
obligation to any open-enrollment charter school in this state or
to any other similar school in another state;
(2) failed to protect the health, safety, or welfare
of the students enrolled at an open-enrollment charter school
served by the company;
(3) violated this subchapter or a rule adopted under
this subchapter; or
(4) otherwise failed to comply with any contractual or
other legal obligation to provide services to the school.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.127. LIABILITY OF MANAGEMENT COMPANY. (a) A
management company that provides management services to an
open-enrollment charter school is liable for damages incurred by
the state as a result of the failure of the company to comply with
its contractual or other legal obligation to provide services to
the school.
(b) On request of the commissioner, the attorney general may
bring suit on behalf of the state against a management company
liable under Subsection (a) for:
(1) damages, including any state funding received by
the company and any consequential damages suffered by the state;
(2) injunctive relief; or
(3) any other equitable remedy determined to be
appropriate by the court.
(c) This section is cumulative of all other remedies and
does not affect:
(1) the liability of a management company to the
charter holder; or
(2) the liability of a charter holder, a member of the
governing body of a charter holder, or a member of the governing
body of an open-enrollment charter school to the state.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.128. PROPERTY PURCHASED OR LEASED WITH STATE
FUNDS. (a) Property purchased or leased with funds received by a
charter holder under Section 12.106 after September 1, 2001:
(1) is considered to be public property for all
purposes under state law;
(2) is held in trust by the charter holder for the
benefit of the students of the open-enrollment charter school; and
(3) may be used only for a purpose for which a school
district may use school district property.
(b) If at least 50 percent of the funds used by a charter
holder to purchase real property are funds received under Section
12.106 before September 1, 2001, the property is considered to be
public property to the extent it was purchased with those funds.
(c) The commissioner shall:
(1) take possession and assume control of the property
described by Subsection (a) of an open-enrollment charter school
that ceases to operate; and
(2) supervise the disposition of the property in
accordance with law.
(d) The commissioner may adopt rules necessary to
administer this section.
(e) This section does not affect a security interest in or
lien on property established by a creditor in compliance with law if
the security interest or lien arose in connection with the sale or
lease of the property to the charter holder.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.129. MINIMUM TEACHER QUALIFICATIONS. A person
employed as a teacher by an open-enrollment charter school must
hold a high school diploma.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.130. NOTICE OF TEACHER QUALIFICATIONS. Each
open-enrollment charter school shall provide to the parent or
guardian of each student enrolled in the school written notice of
the qualifications of each teacher employed by the school.
Added by Acts 2001, 77th Leg., ch. 1504, § 18, eff. Sept. 1,
2001.
§ 12.131. USE OF MUNICIPAL FUNDS FOR CHARTER SCHOOL LAND
OR FACILITIES.
Text of section as added by Acts 2003, 78th Leg., ch. 193, § 2
A municipality to which a charter is granted under this
subchapter may borrow funds, issue obligations, or otherwise spend
its funds to acquire land or acquire, construct, expand, or
renovate school buildings or facilities and related improvements
for its open-enrollment charter school within the city limits of
the municipality in the same manner the municipality is authorized
to borrow funds, issue obligations, or otherwise spend its funds in
connection with any other public works project.
Added by Acts 2003, 78th Leg., ch. 193, § 2, eff. June 2, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 1055, §
1, see § 12.131, post.
§ 12.131. REMOVAL OF STUDENTS TO DISCIPLINARY
ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF STUDENTS.
Text of section as added by Acts 2003, 78th Leg., ch. 1055, § 1
(a) The governing body of an open-enrollment charter school
shall adopt a code of conduct for its district or for each campus.
In addition to establishing standards for behavior, the code of
conduct shall outline generally the types of prohibited behaviors
and their possible consequences. The code of conduct shall also
outline the school's due process procedures with respect to
expulsion. Notwithstanding any other provision of law, a final
decision of the governing body of an open- enrollment charter
school with respect to actions taken under the code of conduct may
not be appealed.
(b) An open-enrollment charter school may not elect to expel
a student for a reason that is not authorized by Section 37.007 or
specified in the school's code of conduct as conduct that may result
in expulsion.
(c) Notwithstanding any other provision, Section 37.002 and
its provisions, wherever referenced, are not applicable to an
open-enrollment charter school unless the governing body of the
school so determines.
Added by Acts 2003, 78th Leg., ch. 1055, § 1, eff. June 20, 2003.
For text of section as added by Acts 2003, 78th Leg., ch. 193, §
2, see § 12.131, ante.
SUBCHAPTER E. COLLEGE OR UNIVERSITY CHARTER SCHOOL
§ 12.151. DEFINITION. In this subchapter, "public
senior college or university" has the meaning assigned by Section
61.003.
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
§ 12.152. AUTHORIZATION. (a) In accordance with this
subchapter and Subchapter D, the State Board of Education may grant
a charter on the application of a public senior college or
university for an open-enrollment charter school to operate on the
campus of the public senior college or university or in the same
county in which the campus of the public senior college or
university is located.
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
§ 12.153. RULES. The commissioner may adopt rules to
implement this subchapter.
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
§ 12.154. CONTENT. Notwithstanding Section 12.110(d),
the State Board of Education may grant a charter under this
subchapter only if the following criteria are satisfied in the
public senior college's or university's application, as determined
by the State Board of Education:
(1) the college or university charter school's
educational program must include innovative teaching methods;
(2) the college or university charter school's
educational program must be implemented under the direct
supervision of a member of the teaching or research faculty of the
public senior college or university;
(3) the faculty member supervising the college or
university charter school's educational program must have
substantial experience and expertise in education research,
teacher education, classroom instruction, or educational
administration;
(4) the college or university charter school's
educational program must be designed to meet specific goals
described in the charter, including improving student performance,
and each aspect of the program must be directed toward the
attainment of the goals;
(5) the attainment of the college or university
charter school's educational program goals must be measured using
specific, objective standards set forth in the charter, including
assessment methods and a time frame; and
(6) the financial operations of the college or
university charter school must be supervised by the business office
of the public senior college or university.
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
§ 12.155. SCHOOL NAME. The name of a college or
university charter school must include the name of the public
senior college or university operating the school.
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
§ 12.156. APPLICABILITY OF CERTAIN
PROVISIONS. (a) Except as otherwise provided by this subchapter,
Subchapter D applies to a college or university charter school as
though the college or university charter school were granted a
charter under that subchapter.
(b) A charter granted under this subchapter is not
considered for purposes of the limit on the number of
open-enrollment charter schools imposed by Section 12.101(b).
Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1,
2001.
