Tex.
Educ. Code Section 12.104
Applicability of Title
(a)
An open-enrollment charter school has the powers granted to schools under this title.(a-1)
The governing body of an open-enrollment charter school may:(1)
employ security personnel and commission peace officers in the same manner as a board of trustees of a school district under Section 37.081 (School District Peace Officers, School Resource Officers, and Security Personnel); and(2)
enter into a memorandum of understanding with a local law enforcement agency to assign a school resource officer, as that term is defined by Section 1701.601 (Definition), Occupations Code, to the school.(a-2)
A reference in law to a peace officer commissioned under Section 37.081 (School District Peace Officers, School Resource Officers, and Security Personnel) includes a peace officer commissioned by an open-enrollment charter school in accordance with Subsection (a-1), and a charter school peace officer has the same powers, duties, and immunities as a peace officer commissioned under that section.(b)
An open-enrollment charter school is subject to:(1)
a provision of this title establishing a criminal offense;(2)
the provisions in Chapter 554 (Protection for Reporting Violations of Law), Government Code; 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)
criminal history records under Subchapter C (Definitions), Chapter 22 (School District Employees and Volunteers);(C)
reading instruments and accelerated reading instruction programs under Section 28.006 (Reading Diagnosis);(D)
accelerated instruction under Section 28.0211 (Accelerated Instruction; Modified Teacher Assignment);(E)
high school graduation requirements under Section 28.025 (High School Diploma and Certificate; Academic Achievement Record);(F)
special education programs under Subchapter A (Statewide Plan), Chapter 29 (Educational Programs);(G)
bilingual education under Subchapter B (State Policy), Chapter 29 (Educational Programs);(H)
prekindergarten programs under Subchapter E or E-1, Chapter 29 (Educational Programs), except class size limits for prekindergarten classes imposed under Section 25.112 (Class Size), which do not apply;(I)
extracurricular activities under Section 33.081 (Extracurricular Activities);(J)
discipline management practices or behavior management techniques under Section 37.0021 (Use of Confinement, Restraint, Seclusion, and Time-out);(K)
health and safety under Chapter 38 (Health and Safety);(L)
the provisions of Subchapter A (Rules), Chapter 39 (Public School System Accountability);(M)
public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39 (Public School System Accountability), and Chapter 39A (Accountability Interventions and Sanctions);(N)
the requirement under Section 21.006 (Requirement to Report Misconduct) to report an educator’s misconduct;(O)
intensive programs of instruction under Section 28.0213 (Intensive Program of Instruction);(P)
the right of a school employee to report a crime, as provided by Section 37.148 (Right to Report Crime);(Q)
bullying prevention policies and procedures under Section 37.0832 (Bullying Prevention Policies and Procedures);(R)
the right of a school under Section 37.0052 (Placement or Expulsion of Students Who Have Engaged in Certain Bullying Behavior) to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student;(S)
the right under Section 37.0151 (Report to Local Law Enforcement Regarding Certain Conduct Constituting Assault or Harassment; Liability) to report to local law enforcement certain conduct constituting assault or harassment;(T)
a parent’s right to information regarding the provision of assistance for learning difficulties to the parent’s child as provided by Sections 26.004 (Access to Student Records)(b)(11) and 26.0081 (Right to Information Concerning Special Education and Education of Students with Learning Difficulties)(c) and (d);(U)
establishment of residency under Section 25.001 (Admission);(V)
school safety requirements under Sections 37.0814 (Armed Security Officer Required), 37.108 (Multihazard Emergency Operations Plan; Safety and Security Audit), 37.1081 (Public Hearing on Multihazard Emergency Operations Plan Noncompliance), 37.1082 (Multihazard Emergency Operations Plan Noncompliance; Appointment of Conservator or Board of Managers), 37.1083 (Agency Monitoring of School District Safety and Security Requirements), 37.1084 (Regional School Safety Review Teams), 37.1085 (Assignment of Conservator for Noncompliance with School Safety and Security Requirements), 37.1086 (Guidelines for Multihazard Emergency Operations Plan Provisions for Individuals with Disabilities or Impairments), 37.109 (School Safety and Security Committee), 37.113 (Notification Regarding Bomb Threat or Terroristic Threat), 37.114 (Best Practices for Emergency School Drills and Exercises; Mandatory School Drills), 37.1141 (Active Threat Exercises), 37.115 (Threat Assessment and Safe and Supportive School Program and Team), 37.207 (Model Safety and Security Audit Procedure), and 37.2071 (District Multihazard Emergency Operations Plan Review and Verification) and Subchapter J (Facilities Standards Compliance), Chapter 37 (Discipline; Law and Order);(W)
the early childhood literacy and mathematics proficiency plans under Section 11.185 (Early Childhood Literacy and Mathematics Proficiency Plans);(X)
the college, career, and military readiness plans under Section 11.186 (College, Career, and Military Readiness Plans); and(Y)
parental options to retain a student under Section 28.02124 (Parental Option for Student Retention).(b-1)
During the first three years an open-enrollment charter school is in operation, the agency shall assist the school as necessary in complying with requirements under Subsection (b)(2)(A).(b-2)
An open-enrollment charter school is subject to the requirement to establish an individual graduation committee under Section 28.0258 (High School Diploma Awarded on Basis of Individual Graduation Committee Review).(b-3)
An open-enrollment charter school is subject to the graduation qualification procedure established by the commissioner under Section 28.02541.(b-4)
Section 11.201 (Superintendents)(c) applies to an open-enrollment charter school as though the governing body of the school were the board of trustees of a school district and to the superintendent or, as applicable, the administrator serving as educational leader and chief executive officer of the school as though that person were the superintendent of a school district.(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.
Source:
Section 12.104 — Applicability of Title, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm#12.104 (accessed Apr. 13, 2024).
