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Texas Education Code - Chapter 12 ChartersLegal Research Home > Texas Lawyer > Education Code > Texas Education Code - Chapter 12 Charters (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) ... 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 ... 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 ... 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 ... (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 ... (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 ... (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 ... 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) 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 ... 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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (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 ... 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 ... (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 ... (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 ... (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, ... (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 ... 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 ... (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) 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 ... (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 ... 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 ... 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, ... (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 ... (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 ... 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 ... 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 ... 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 ... 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 ... (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; ... (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) ... (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) Eligibility criteria for admission of students to the campus or program for which a charter is granted under this subchapter must give priority on ... (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 ... 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" ... 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) ... (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 ... (a) An open-enrollment charter school has the powers granted to schools under this title. (b) An open-enrollment charter school is subject to: (1) a provision ... 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. ... (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 ... (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 ... (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 ... (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 ... (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 ... 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 ... (a) An employee of an open-enrollment charter school operating under a charter granted by the State Board of Education who qualifies for membership in the ... (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 ... 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 ... (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 ... (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 ... (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 ... 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 ... (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 ... 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 ... (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 ... 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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (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 ... (a) The commissioner must notify the Teacher Retirement System of Texas in writing of the revocation, denial of renewal, or surrender of a charter under ... (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 ... Notwithstanding Section 12.117, the governing body of an open-enrollment charter school that specializes in one or more performing arts may require an applicant to audition ... (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) ... (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 ... (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 ... 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 ... (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 ... (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. ... (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 ... 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 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 ... (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 ... (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 ... 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, ... 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 ... (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 ... 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 ... (a) This section applies to a charter holder that on January 1, 2006, operated an open-enrollment charter school. (b) Each school year, using state funds ... 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, ... (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 ... The commissioner may adopt rules to implement this subchapter. Added by Acts 2001, 77th Leg., ch. 1504, § 19, eff. Sept. 1, 2001. ... 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 ... 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 ... (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 ... Last modified: August 10, 2007 |