Texas Education Code Title 2, Chapter 12 - Charters

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 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)...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER B HOME-RULE SCHOOL DISTRICT CHARTER

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...

SUBCHAPTER C CAMPUS OR CAMPUS PROGRAM CHARTER

• Texas Section 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...
• Texas Section 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...
• Texas Section 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 shall grant...
• Texas Section 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...
• Texas Section 12.0522 - District Charter Authorization
  (a) Notwithstanding Section 12.052, in the manner provided by this section, the board of trustees of a school district or the governing body of a...
• Texas Section 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...
• Texas Section 12.0531 - Performance Contract; Duration Of Charter
  If a charter is granted under this subchapter, the board of trustees of the school district that granted the charter shall enter into a performance...
• Texas Section 12.0532 - Neighborhood School
  (a) A charter granted under this subchapter for a campus may, as determined by the board of trustees of the school district granting the charter,...
• Texas Section 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...
• Texas Section 12.055 - Applicability Of Laws And Rules To Campus Or Program Granted Charter
  (a) A campus or program for which a charter is granted under this subchapter is subject to federal and state laws and rules governing public...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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;...
• Texas Section 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)...
• Texas Section 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...

SUBCHAPTER D OPEN-ENROLLMENT CHARTER SCHOOL

• Texas Section 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...
• Texas Section 12.101 - Authorization
  (a) In accordance with this subchapter, the commissioner may grant a charter on the application of an eligible entity for an open-enrollment charter school to...
• Texas Section 12.1011 - Charter Authorization For High-performing Entities
  (a) Notwithstanding Section 12.101(b), the commissioner may grant a charter for an open-enrollment charter school to an applicant that is: (1) an eligible entity under...
• Texas Section 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"...
• Texas Section 12.1013 - Charter Authorizer Accountability
  (a) The commissioner shall select a center for education research authorized by Section 1.005 to prepare an annual report concerning the performance of open-enrollment charter...
• Texas Section 12.1014 - Authorization For Grant Of Charters For Schools Primarily Serving Students With Disabilities
  (a) The commissioner may grant under Section 12.101 a charter on the application of an eligible entity for an open-enrollment charter school intended primarily to...
• Texas Section 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)...
• Texas Section 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...
• Texas Section 12.104 - Applicability Of Title
  (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...
• Texas Section 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, Sec. 1, eff....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 12.1056 - Immunity From Liability And Suit
  (a) In matters related to operation of an open-enrollment charter school, an open-enrollment charter school or charter holder is immune from liability and suit to...
• Texas Section 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...
• Texas Section 12.1058 - Applicability Of Other Laws
  (a) An open-enrollment charter school is considered to be: (1) a local government for purposes of Chapter 791, Government Code; (2) a local government for...
• Texas Section 12.1059 - Agency Approval Required For Certain Employees
  A person may not be employed by or serve as a teacher, librarian, educational aide, administrator, or school counselor for an open-enrollment charter school unless...
• Texas Section 12.106 - State Funding
  Sec. 12.106. STATE FUNDING. Text of subsection as amended by Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 57.02 Text of subsection...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 12.110 - Application
  (a) The commissioner shall adopt: (1) an application form and a procedure that must be used to apply for a charter for an open-enrollment charter...
• Texas Section 12.1101 - Notification Of Charter Application Or Establishment Of Campus
  The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a...
• Texas Section 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...
• Texas Section 12.112 - Form
  A charter for an open-enrollment charter school shall be in the form of a written contract signed by the commissioner and the chief operating officer...
• Texas Section 12.113 - Charter Granted
  (a) Each charter the commissioner grants for an open-enrollment charter school must: (1) satisfy this subchapter; and (2) include the information that is required under...
• Texas Section 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...
• Texas Section 12.1141 - Renewal Of Charter; Denial Of Renewal; Expiration
  (a) The commissioner shall develop and by rule adopt a procedure for renewal, denial of renewal, or expiration of a charter for an open-enrollment charter...
• Texas Section 12.115 - Basis For Charter Revocation Or Modification Of Governance
  (a) Except as provided by Subsection (c), the commissioner shall revoke the charter of an open-enrollment charter school or reconstitute the governing body of the...
• Texas Section 12.116 - Procedure For Revocation, Modification Of Governance, Or Denial Of Renewal
  (a) The commissioner shall adopt an informal procedure to be used for: (1) revoking the charter of an open-enrollment charter school or for reconstituting the...
• Texas Section 12.1161 - Effect Of Revocation, Denial Of Renewal, Or Surrender Of Charter
  (a) If the commissioner revokes or denies the renewal of a charter of an open-enrollment charter school or an open-enrollment charter school surrenders its charter,...
• Texas Section 12.1162 - Additional Sanctions
  (a) The commissioner shall take any of the actions described by Subsection (b) or by Section 39.102(a), to the extent the commissioner determines necessary, if...
• Texas Section 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...
• Texas Section 12.1164 - Notice To Teacher Retirement System Of Texas
  (a) The commissioner must notify the Teacher Retirement System of Texas in writing of the revocation, denial of renewal, expiration, or surrender of a charter...
• Texas Section 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...
• Texas Section 12.1171 - Admission To Open-enrollment Charter Schools Specializing In Performing Arts
  Notwithstanding Section 12.117, the governing body of an open-enrollment charter school that specializes in one or more performing arts may require an applicant to audition...
• Texas Section 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)...
• Texas Section 12.1181 - Performance Frameworks; Annual Evaluations
  (a) The commissioner shall develop and by rule adopt performance frameworks that establish standards by which to measure the performance of an open-enrollment charter school....
• Texas Section 12.119 - Bylaws; Annual Report
  (a) A charter holder shall file with the commissioner a copy of its articles of incorporation and bylaws, or comparable documents if the charter holder...
• Texas Section 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...
• Texas Section 12.1202 - Requirement For Majority Of Members Of Governing Body
  A majority of the members of the governing body of an open-enrollment charter school or the governing body of a charter holder must be qualified...
• Texas Section 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...
• Texas Section 12.1211 - Names Of Members Of Governing Body Listed On Website
  An open-enrollment charter school shall list the names of the members of the governing body on the home page of the school's Internet website. Added...
• Texas Section 12.122 - Liability Of Members Of Governing Body Of Open-enrollment Charter School
  (a) Notwithstanding the applicable provisions of the Business Organizations Code or other law, on request of the commissioner, the attorney general may bring suit against...
• Texas Section 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....
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 12.129 - Minimum Qualifications For Principals And Teachers
  A person employed as a principal or a teacher by an open-enrollment charter school must hold a baccalaureate degree. Added by Acts 2001, 77th Leg.,...
• Texas Section 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...
• Texas Section 12.131 - Removal Of Students To Disciplinary Alternative Education Program; Expulsion Of Students
  (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...
• Texas Section 12.132 - Use Of Municipal Funds For Charter School Land Or Facilities
  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...
• Texas Section 12.133 - Wage Increase For Certain Professional Staff
  (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...
• Texas Section 12.135 - Designation As Charter District For Purposes Of Bond Guarantee
  (a) On the application of the charter holder, the commissioner may grant designation as a charter district to an open-enrollment charter school that meets financial...
• Texas Section 12.136 - Posting Of Chief Executive Officer Salary
  An open-enrollment charter school shall post on the school's Internet website the salary of the school's superintendent or, as applicable, of the administrator serving as...

SUBCHAPTER E COLLEGE OR UNIVERSITY OR JUNIOR COLLEGE

• Texas Section 12.137 - Certain Charter Holders Authorized To Provide Combined Services For Certain Adult And High School Dropout Recovery Programs
  (a) This section applies only to: (1) an open-enrollment charter school designated as a dropout recovery school as described by Section 12.1141(c) if the enrollment...
• Texas Section 12.151 - Definitions
  In this subchapter, "public junior college" and "public senior college or university" have the meanings assigned by Section 61.003. Added by Acts 2001, 77th Leg.,...
• Texas Section 12.152 - Authorization
  (a) In accordance with this subchapter and Subchapter D, the commissioner may grant a charter on the application of: (1) a public senior college or...
• Texas Section 12.153 - Rules
  The commissioner may adopt rules to implement this subchapter. Added by Acts 2001, 77th Leg., ch. 1504, Sec. 19, eff. Sept. 1, 2001.
• Texas Section 12.154 - Content
  (a) Notwithstanding Section 12.110(d), the commissioner may grant a charter under this subchapter to a public senior college or university only if the following criteria...
• Texas Section 12.155 - School Name
  The name of a college or university charter school or junior college charter school must include the name of the public senior college or university...
• Texas Section 12.156 - Applicability Of Certain Provisions
  (a) Except as otherwise provided by this subchapter, Subchapter D applies to a college or university charter school or junior college charter school as though...

Last modified: September 28, 2016