Texas Education Code - Section 12.101. Authorization
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§ 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.
Section: 12.059 12.060 12.061 12.062 12.063 12.064 12.065 12.101 12.1012 12.102 12.103 12.104 12.105 12.1051 12.1052
Last modified: August 10, 2007
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