Focus Report: Volume 74, Number 14, August 1995 Page: 5
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House Research Organization
The 15 members of the charter commission must be
school district residents, a majority of whom must be
parents of school-age children attending public school
and 25 percent of whom must be classroom teachers
selected by the district's professional staff. Commission
membership must reflect the diversity of the community.
The charter commission must complete a proposed
charter by the first anniversary of the date of its
appointment. The charter must be submitted to the
education commissioner for legal review, and is
considered accepted if the commissioner does not act
within 30 days of receiving it.
A home-rule school district will be created if a
majority of a school district's voters approve a home-
rule charter in an election in which at least 25 percent
of district voters participate. If the 25 percent minimum
is not achieved, the school board must order another
election on the proposed charter on the next uniform
election date.
Charter content
A home-rule district charter must include:
* a description of the educational programs to be
offered;
student performance requirements for continuation of
the charter;
reasons why the charter may be revoked or placed
on probation;
* a description of the governing structure of the
district and campuses;
* procedures for the health and safety of students and
employees;
a description of how the district will adopt an
annual budget;
* a description of how the district will conduct an
annual audit and participate in Public Education
Information Management System (PEIMS), and
any provision the charter commission considers
necessary.
Amending, revoking a charter
The SBOE may place on probation or revoke a
home-rule charter if the SBOE decides the district
violated the charter, did not satisfy generally accepted
accounting standards of fiscal management or failed to
comply with federal or state law or rule. Revocation and
* probation procedures must entitle the district and parents
of district students to a hearing in the district. A
home-rule district charter can be amended or rescinded
through an election of the district's voters.Charter schools (Chapter 12)
Charter schools are independent public schools formed
by individuals or organizations that operate according to a
charter (contract) with a public agency, such as a local
school board or the SBOE. Charter schools may operate
free of most state and local regulations. The schools may
be completely new or may be existing programs or
campuses that have converted to charter status.
A local school board or home-rule school district may
grant a charter to a group of parents and teachers who
want to either create an educational program in an
existing public school campus (program charter) or change
an existing public school into a charter school (campus
charter). The SBOE may grant up to 20 charters to
create charter schools operating outside of a school district
facility (open-enrollment charter school).
Program charters, campus charters and open-enrollment
charter schools may operate under charters free of state
education rules except for those rules regarding criminal
offenses, the Public Education Information Management
System (PEIMS), criminal history records, high school
graduation, special education requirements, bilingual
education, prekindergarten programs, extracurricular
activities (no pass-no play), health and safety and public
school accountability.
Program charters, campus charters
A school board or home-rule school district may grant
a campus or program charter if the board is presented
with a petition signed by parents of a majority of students
and a majority of classroom teachers at that campus. A
school board that grants a charter may approve changes
brought in a petition signed by a majority of the parents
and a majority of the classroom teachers at the campus or
in the program.
Campus and program charters may be granted
immunity from liability similar to the immunity granted
school districts and district employees.
Campus and program charters must include:
a description of the education program;
* student performance requirements for continuation of
the charter;
* reasons why the charter could be placed on probation
or revoked;
* prohibitions against discrimination in admission on the
basis of national origin, ethnicity, race, religion or
disability;Page 5
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Texas. Legislature. House of Representatives. Research Organization. Focus Report: Volume 74, Number 14, August 1995, periodical, August 3, 1995; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth640372/m1/5/?rotate=90: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.