CHAPTER 12. CHARTERS
EDUCATION CODE
TITLE 2. PUBLIC EDUCATION
SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE
CHAPTER 12. CHARTERS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 12.001. PURPOSES OF CHAPTER. (a) The purposes of this
chapter are to:
(1) improve student learning;
(2) increase the choice of learning opportunities within the
public school system;
(3) create professional opportunities that will attract new
teachers to the public school system;
(4) establish a new form of accountability for public schools;
and
(5) encourage different and innovative learning methods.
(b) This chapter shall be applied in a manner that ensures the
fiscal and academic accountability of persons holding charters
issued under this chapter. This chapter may not be applied in a
manner that unduly regulates the instructional methods or
pedagogical innovations of charter schools.
Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 1, eff. Sept. 1,
2001.
Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an
alternative to operating in the manner generally provided by this
title, an independent school district, a school campus, or an
educational program may choose to operate under a charter in
accordance with this chapter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995. Renumbered from Sec. 12.001 by Acts 2001, 77th Leg., ch.
1504, Sec. 1, eff. Sept. 1, 2001.
Sec. 12.002. CLASSES OF CHARTER. The classes of charter under
this chapter are:
(1) a home-rule school district charter as provided by
Subchapter B;
(2) a campus or campus program charter as provided by Subchapter
C; or
(3) an open-enrollment charter as provided by Subchapter D.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.003. AUTHORITY OF BOARD OF TRUSTEES TO GRANT OTHER
CHARTERS. This chapter does not limit the authority of the board
of trustees of a school district to grant a charter to a campus
or program to operate in accordance with the other provisions of
this title and rules adopted under those provisions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
SUBCHAPTER B. HOME-RULE SCHOOL DISTRICT CHARTER
Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance with
this subchapter, a school district may adopt a home-rule school
district charter under which the district will operate.
(b) The adoption of a home-rule school district charter by a
school district does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before the
effective date of the charter.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO HOME-RULE SCHOOL
DISTRICT. (a) A home-rule school district is subject to federal
and state laws and rules governing school districts, except that
a home-rule school district is subject to:
(1) this code only to the extent that the applicability to a
home-rule school district of a provision of this code is
specifically provided;
(2) a rule adopted under this code by the State Board of
Education or the commissioner only if the code provision
authorizing the rule specifically applies to a home-rule school
district; and
(3) all requirements of federal law and applicable court orders
relating to eligibility for and the provision of special
education and bilingual programs.
(b) An employee of a home-rule school district who qualifies for
membership in the Teacher Retirement System of Texas shall be
covered under the system in the same manner and to the same
extent as a qualified employee employed by an independent school
district is covered.
(c) This section does not permit a home-rule school district to
discriminate against a student who has been diagnosed as having a
learning disability, including dyslexia or attention
deficit/hyperactivity disorder. Discrimination prohibited by this
subsection includes denial of placement in a gifted and talented
program if the student would otherwise be qualified for the
program but for the student's learning disability. This section
does not permit a home-rule school district to, on the basis of
race, socioeconomic status, learning disability, or family
support status, place a student in a program other than the
highest-level program necessary to ensure the student's success.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 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 fails to satisfy any
standard under Section 39.054(d);
(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, E,
and J, 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, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 342, Sec. 2, eff.
Sept. 1, 2003.
Amended by:
Acts 2006, 79th Leg., 3rd C.S., Ch.
5, Sec. 3.03, eff. May 31, 2006.
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 13, eff. June 19, 2009.
Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board of
trustees of a school district shall appoint a charter commission
to frame a home-rule school district charter if:
(1) the board receives a petition requesting the appointment of
a charter commission to frame a home-rule school district charter
signed by at least five percent of the registered voters of the
district; or
(2) at least two-thirds of the total membership of the board
adopt a resolution ordering that a charter commission be
appointed.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.015. CHARTER COMMISSION. (a) Not later than the 30th
day after the date of receipt of a petition or adoption of a
resolution under Section 12.014, the board of trustees of the
school district shall appoint 15 residents of the district to
serve on the commission to frame a charter for the district.
(b) The membership of the charter commission must reflect the
racial, ethnic, socioeconomic, and geographic diversity of the
district. A majority of the members appointed to the commission
must be parents of school-age children attending public school.
At least 25 percent of the commission must be classroom teachers
selected by the representatives of the professional staff
pursuant to Section 11.251(e).
(c) The charter commission must complete a proposed charter not
later than the first anniversary of the date of its appointment.
After that date, the commission expires and the appointment under
Section 12.014 is void.
(d) A charter commission appointed under this section is
considered a governmental body for purposes of Chapters 551 and
552, Government Code.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.016. CONTENT. Each home-rule school district charter
must:
(1) describe the educational program to be offered;
(2) provide that continuation of the home-rule school district
charter is contingent on:
(A) acceptable student performance on assessment instruments
adopted under Subchapter B, Chapter 39; and
(B) compliance with other applicable accountability provisions
under 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, Sec. 1, eff. May 30,
1995.
Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT.
(a) The charter commission shall submit the proposed charter to
the secretary of state. The secretary of state shall determine
whether a proposed charter contains a change in the governance of
the school district.
(b) If the secretary of state determines that a proposed charter
contains a change in the governance of the school district, the
secretary of state shall, not later than the second working day
after the date the secretary of state makes that determination,
notify the board of trustees of the school district. The board
shall submit the proposed change to the United States Department
of Justice or the United States District Court for the District
of Columbia for preclearance under the Voting Rights Act (42
U.S.C. Section 1973c et seq.).
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.018. LEGAL REVIEW. The charter commission shall submit
the proposed charter to the commissioner. As soon as practicable,
but not later than the 30th day after the date the commissioner
receives the proposed charter, the commissioner shall review the
proposed charter to ensure that the proposed charter complies
with any applicable laws and shall recommend to the charter
commission any modifications necessary. If the commissioner does
not act within the prescribed time, the proposed charter is
approved.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.019. CHARTER ELECTION. (a) As soon as practicable
after approval of a home-rule school district charter under
Section 12.018, the board of trustees of the district shall order
an election on the proposed charter.
(b) The proposed charter shall be submitted to the voters of the
district at an election to be held on the first uniform election
date that occurs at least 45 days after the date on which the
board of trustees orders the election.
(c) At least three copies of the proposed charter must be
available in the office of each school campus in the district and
at the district's central administrative office between the date
of the election order and election day. Notice of the election
must include a statement of where and how copies may be obtained
or viewed. A summary of the content of the proposed charter shall
be attached to each copy. The summary also shall be made
available to school district employees, parents, community
members, and members of the media.
(d) The ballot shall be printed to permit voting for or against
the proposition "Whether the (name of school district) School
District shall be governed under the home-rule school district
charter, which is proposed by a charter commission appointed by
the board of trustees and under which only certain laws and rules
apply to the district."
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.020. CHARTER AMENDMENT. (a) The governing body of a
home-rule school district on its own motion may submit a proposed
charter amendment that complies with this subchapter to the
commissioner for legal review.
(b) The governing body shall submit a proposed charter amendment
that complies with this subchapter to the commissioner for legal
review if a petition submitted to the governing body proposing
the charter amendment is signed by at least five percent of the
registered voters of the district.
(c) As soon as practicable, but not later than the 30th day
after the date on which the requirements for an election under
Subsection (a) or (b) are satisfied, the commissioner shall
review the proposed amendment to ensure that the proposed
amendment complies with any applicable laws and shall recommend
any modifications necessary. If the commissioner does not act
within the prescribed time, the proposed charter amendment is
approved.
(d) As soon as practicable after commissioner review under
Subsection (c), the governing body of the district shall order an
election on the proposed amendment.
(e) An election under this section shall be held on the first
uniform election date that occurs at least 45 days after the date
the election is ordered.
(f) Notice of the election must include a substantial copy of
the proposed charter amendment.
(g) A charter amendment may not contain more than one subject.
(h) The ballot shall be prepared so that a voter may approve or
disapprove any one or more charter amendments without having to
approve or disapprove all of the charter amendments.
(i) The governing body may not order an election on a proposed
charter amendment earlier than the first anniversary of the date
of any previous election to amend the charter.
(j) Section 12.017 applies to a proposed charter amendment,
except that the governing body shall submit the proposed charter
amendment to the secretary of state.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.021. ADOPTION OF CHARTER OR CHARTER AMENDMENT. (a)
Subject to Section 12.022, a proposed home-rule school district
charter or a proposed charter amendment is adopted if approved by
a majority of the qualified voters of the district voting at an
election held for that purpose.
(b) A charter or charter amendment shall specify an effective
date and takes effect according to its terms when the governing
body of the school district enters an order declaring that the
charter or charter amendment is adopted. The governing body shall
enter an order not later than the 10th day after the date the
canvass of the election returns is completed.
(c) As soon as practicable after a school district adopts a
home-rule school district charter or charter amendment, the board
of trustees or governing body shall notify the commissioner of
the outcome of the election.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.022. MINIMUM VOTER TURNOUT REQUIRED. (a) An election
on the adoption of a proposed home-rule school district charter
has no effect unless at least 25 percent of the registered voters
of the district vote in the election in which the adoption of the
charter is on the ballot.
(b) An election on the adoption of a proposed amendment to a
home-rule school district charter has no effect unless at least
20 percent of the registered voters of the district vote in the
election in which the adoption of the amendment is on the ballot.
(c) If the required number of voters prescribed by Subsection
(a) or (b) do not vote in the election, the board of trustees
shall order an election on the issue to be held on the first
uniform election date:
(1) that occurs at least 45 days after the date the election is
ordered; and
(2) on which one or more elections are to be held, the
combination of which covers all of the territory of the school
district.
(d) If the required number of voters prescribed by Subsection
(a) or (b) do not vote at an election ordered as required by
Subsection (c), the board of trustees may continue to order
elections on the issue in accordance with Subsection (c) until
the required minimum voter turnout is achieved.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.023. CERTIFICATION OF CHARTER OR CHARTER AMENDMENT. (a)
As soon as practicable after a school district adopts a
home-rule school district charter or charter amendment, the
president of the board of trustees shall certify to the secretary
of state a copy of the charter or amendment showing the approval
by the voters of the district.
(b) The secretary of state shall file and record the
certification in the secretary of state's office.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.024. EFFECT OF RECORDING CHARTER OR CHARTER AMENDMENT.
A recorded charter or charter amendment is a public act. A court
shall take judicial notice of a recorded charter or charter
amendment and proof is not required of its provisions.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 12.025. GOVERNANCE. (a) A home-rule school district may
adopt and operate under any governing structure.
(b) The district may:
(1) create offices;
(2) determine the time and method for selecting officers; and
(3) prescribe the qualifications and duties of officers.
(c) The term of any officer of the district is determined under
Section 11.059.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
SUBCHAPTER C. CAMPUS OR CAMPUS PROGRAM CHARTER
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. June 20,
2003.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995. Amended by Acts 1997, 75th Leg., ch. 1335, Sec. 2, eff.
Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, E, and
J, Chapter 39.
Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30,
1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 14, eff. June 19, 2009.
Sec. 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 an independent school district who is
employed on a campus or program granted a charter under this
subchapter and 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 of
the independent school district who is employed on a regularly
operating campus or in a regularly operating program.
(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, Sec. 1, eff. May 30,
1995. Amended by Acts 2003, 78th Leg., ch. 1212, Sec. 2, eff.
June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
1359, Sec. 1, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1212, Sec. 2, eff.
June 20, 2003.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.058 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.059 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.060 and amended by
Acts 1997, 75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.061 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997. Amended by Acts
2003, 78th Leg., ch. 1212, Sec. 2, eff. June 20, 2003.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.062 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.063 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
Sec. 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, Sec. 1, eff. May 30,
1995. Renumbered from Education Code Sec. 12.064 by Acts 1997,
75th Leg., ch. 1335, Sec. 1, eff. Sept. 1, 1997.
SUBCHAPTER D. OPEN-ENROLLMENT CHARTER SCHOOL
Sec. 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, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 2, eff.
Sept. 1, 2001; Acts 2003, 78th Leg., ch. 193, Sec. 1, eff. June
2, 2003.
Sec. 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
Sections 39.053 and 39.301 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, Sec. 3, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 15, eff. June 19, 2009.
Sec. 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, Sec. 1, eff. May 30,
1995.
Sec. 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, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 4, eff.
Sept. 1, 2001.
Sec. 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 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) accelerated instruction under Section 28.0211;
(E) high school graduation requirements 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, E,
and J, Chapter 39;
(M) the requirement under Section 21.006 to report an educator's
misconduct; and
(N) intensive programs of instruction under Section 28.0213.
(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, Sec. 1, eff. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.04, eff.
Sept. 1, 1999; Acts 2001, 77th Leg., ch. 212, Sec. 2, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1504, Sec. 5, eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 374, Sec. 1, eff. June 18, 2003;
Acts 2003, 78th Leg., ch. 1212, Sec. 3, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
728, Sec. 5.001, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 16, eff. June 19, 2009.
Sec. 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. May 30,
1995. Amended by Acts 1999, 76th Leg., ch. 1335, Sec. 1, eff.
June 19, 1999; Acts 2001, 77th Leg., ch. 1504, Sec. 6, eff. Sept.
1, 2001.
Sec. 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,
or another law that concerns open meetings or the availability of
information, 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, Sec. 1, eff. June 19,
1999. Renumbered from Sec. 12.105(b) and amended by Acts 2001,
77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 3.01, eff. September 1, 2007.
Sec. 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, Sec. 6, eff. Sept. 1,
2001.
Sec. 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, Sec. 6, eff. Sept. 1,
2001.
Sec. 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 acceptable or
higher under Section 39.054 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, Sec. 6, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 17, eff. June 19, 2009.
Sec. 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 acceptable or higher under Section 39.054
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, Sec. 6, eff. Sept. 1,
2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
895, Sec. 18, eff. June 19, 2009.
Sec. 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, Sec. 1, eff. June 19,
1999. Renumbered from Sec. 12.105(c) and amended by Acts 2001,
77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Sec. 12.1057. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF TEXAS.
(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 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, Sec. 1, eff. June 19,
1999. Renumbered from Sec. 12.105(d) and amended by Acts 2001,
77th Leg., ch. 1504, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
1359, Sec. 2, eff. September 1, 2005.
Sec. 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 counselor for an
open-enrollment charter school unless the person has been
approved by the agency following a review of the person's
national criminal history record information as provided by
Section 22.0832.
Added by Acts 2007, 80th Leg., R.S., Ch.
1372, Sec. 2, eff. June 15, 2007.
Sec. 12.106. STATE FUNDING. (a) A charter holder is entitled
to receive for the open-enrollment charter school funding under
Chapter 42 equal to the greater of:
(1) the amount of funding per student in weighted average daily
attendance, excluding enrichment funding under Sections
42.302(a-1)(2) and (3), as they existed on January 1, 2009, that
would have been received for the school during the 2009-2010
school year under Chapter 42 as it existed on January 1, 2009,
and an additional amount of $120 for each student in weighted
average daily attendance; or
(2) the amount of funding per student in weighted average daily
attendance, excluding enrichment funding under Section 42.302(a),
to which the charter holder would be entitled for the school
under Chapter 42 if the school were a school district without a
tier one local share for purposes of Section 42.253 and without
any local revenue for purposes of Section 42.2516.
(a-1) In determining funding for an open-enrollment charter
school under Subsection (a), adjustments under Sections 42.102,
42.103, 42.104, and 42.105 are based on the average adjustment
for the state.
(a-2) In addition to the funding provided by Subsection (a), a
charter holder is entitled to receive for the open-enrollment
charter school enrichment funding under Section 42.302 based on
the state average tax effort.
(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, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 7, eff.
Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1328, Sec. 5, eff. September 1, 2009.
Sec. 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, Sec. 1, eff. June 20,
2003.
Sec. 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, Sec. 1, eff. May 30,
1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 7, eff.
Sept. 1, 2001.
Sec. 12.1071. EFFECT OF ACCEPTING STATE FUNDING. (a) A charter
holder who accepts state funds under