ORGANIZATION: THE SCHOOL’S CHARTER [LAW]

1. Definitions

A. “Charter holder,” as used in this policy, means the entity to which a charter is granted.

Tex. Educ. Code § 12.1012(1).

B. “Charter School,” as used in this policy, means a Texas public school operated by the charter holder under an open-enrollment charter granted by the State Board of Education (SBOE) pursuant to § 12.101 of the Texas Education Code.

19 Tex. Admin. Code § 100.1011(3).

C. “Open-enrollment charter,” as used in this policy, means the charter holder’s authorization to operate a publicly funded charter school consistent with Texas Education Code § 12.102. The terms of the open-enrollment charter include:

(1) The applicable contract for charter between the charter holder and the SBOE;

(2) All applicable state and federal laws, rules, and regulations;

(3) The request for application issued by the Texas Education Agency to which the charter holder’s application for open-enrollment charter responds;

(4) Any condition, amendment, modification, revision, or other change to the open-enrollment charter adopted or ratified by the SBOE or the commissioner of education; and

(5) To the extent that they are consistent with subsections (1)-(4) above, all statements, assurances, commitments, and/or representations made by the charter holder in writing in its application for charter, attachments, or related documents, or orally during a public meeting of the SBOE or any of its committees.

19 Tex. Admin. Code § 100.1011(15).

2. Eligible Entity/Nonprofit Corporation

The SBOE may grant a charter on the application of an organization that is exempt from taxation under Internal Revenue Code § 501(c)(3)(1986). A charter holder shall take and refrain from all acts necessary to maintain its eligibility status and shall notify the commissioner of any change in such status.

Tex. Educ. Code § 12.101(a)(3); Tex. Rev. Civ. Stat. art. 1396-1.01, et seq.; 19 Tex. Admin. Code § 100.1217.

3. Charter as Contract

A charter for an open-enrollment charter school shall be in the form of a written contract signed by the chair of the SBOE and the chief operating officer of the school.

Tex. Educ. Code § 12.112.

4. Charter Authority

An open-enrollment charter grants to the board of the charter holder, authority to operate a charter school. The charter must specify the powers or duties of the board of the charter holder that the board may delegate to an officer, employee, contractor, management company, creditor, or any other person.

19 Tex. Admin. Code § 100.1101(b)-(c).

5. Charter Content

Each open-enrollment charter must:

A. Describe the educational program to be offered, which must include the curriculum required for all Texas public schools;

B. Specify the period for which the charter or any charter renewal is valid;

C. Provide that continuation or renewal of the charter is contingent on acceptable student performance on state-adopted criterion-referenced assessment instruments, and on compliance with any accountability provision specified by the charter, by a deadline, or at intervals specified by the charter;

D. Establish the level of student performance that is considered acceptable on state-adopted criterion-reference assessment instruments;

E. Specify any basis, in addition to a basis specified by the Texas Education Code, on which the charter may be placed on probation or revoked or on which renewal of the charter may be denied;

F. Prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the school district the child would otherwise attend, although the charter may provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under subchapter A, Chapter 37 of the Texas Education Code;

G. Specify the grade levels to be offered;

H. Describe the governing structure of the program, including:

(1) The officer positions designated;

(2) The manner in which officers are selected and removed from office;

(3) The manner in which members of the governing body of the school are selected and removed from office;

(4) The manner in which vacancies on the governing body are filled;

(5) The term for which members of the governing body serve; and

(6) Whether terms of office are to be staggered;

I. Specify the powers or duties of the governing body of the school that the governing body may delegate to an officer;

J. Specify the manner in which the school will distribute to parents/guardians information related to the qualifications of each professional employee of the program, including any professional or educational degree held by each employee, a statement of any educator certification held by each employee, and any relevant experience of each employee;

K. Describe the process by which the person providing the program will adopt an annual budget;

L. Describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school in which the program is located to participate, as required by the Texas Education Code or by SBOE rule, in the Public Education Information Management System (PEIMS)

M. Describe the facilities to be used;

N. Describe the geographical area served by the program; and

O. Specify any type of enrollment criteria to be used.

6. The charter holder shall consider including in the school's charter a requirement that the school develop and administer personal graduation plans under TEC § 28.0212. [High School Curriculums only]

Tex. Educ. Code § 12.111.