Tex.
Educ. Code 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 governing body of the charter holder as authorized by Section 12.115 (Basis for Charter Revocation or Modification of Governance); and(2)
denying the renewal of a charter of an open-enrollment charter school as authorized by Section 12.1141 (Renewal of Charter; Denial of Renewal; Expiration)(c).(a-1)
The procedure adopted under Subsection (a) for the denial of renewal of a charter under Section 12.1141 (Renewal of Charter; Denial of Renewal; Expiration)(c) or the revocation of a charter or reconstitution of a governing body of a charter holder under Section 12.115 (Basis for Charter Revocation or Modification of Governance)(a) must allow representatives of the charter holder to meet with the commissioner to discuss the commissioner’s decision and must allow the charter holder to submit additional information to the commissioner relating to the commissioner’s decision. In a final decision issued by the commissioner, the commissioner shall provide a written response to any information the charter holder submits under this subsection.(b)
Chapter 2001 (Administrative Procedure), Government Code, does not apply to a procedure that is related to a revocation or modification of governance under this subchapter.(c)
A decision by the commissioner to revoke a charter is subject to review by the State Office of Administrative Hearings. Notwithstanding Chapter 2001 (Administrative Procedure), Government Code:(1)
the administrative law judge shall uphold a decision by the commissioner to revoke a charter unless the judge finds the decision is arbitrary and capricious or clearly erroneous; and(2)
a decision of the administrative law judge under this subsection is final and may not be appealed.(d)
If the commissioner revokes the charter of an open-enrollment charter school, the commissioner may:(1)
manage the school until alternative arrangements are made for the school’s students; and(2)
assign operation of one or more campuses formerly operated by the charter holder who held the revoked charter to a different charter holder who consents to the assignment.
Source:
Section 12.116 — Procedure for Revocation, Modification of Governance, or Denial of Renewal, https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm#12.116 (accessed Jun. 5, 2024).
