Tex. Educ. Code § 12.1162 · Subchapter D. OPEN-ENROLLMENT CHARTER SCHOOL
ADDITIONAL SANCTIONS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner shall take any of the actions described by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007, to the extent the commissioner determines necessary, if an open-enrollment charter school, as determined by a report issued under Section 39.004(b):
(1) commits a material violation of the school's charter;
(2) fails to satisfy generally accepted accounting standards of fiscal management; or
(3) fails to comply with this subchapter or another applicable rule or law.
(b) The commissioner may temporarily withhold funding, suspend the authority of an open-enrollment charter school to operate, or take any other reasonable action the commissioner determines necessary to protect the health, safety, or welfare of students enrolled at the school based on evidence that conditions at the school present a danger to the health, safety, or welfare of the students.
(c) After the commissioner acts under Subsection (b), the open-enrollment charter school may not receive funding and may not resume operating until a determination is made that:
(1) despite initial evidence, the conditions at the school do not present a danger of material harm to the health, safety, or welfare of students; or
(2) the conditions at the school that presented a danger of material harm to the health, safety, or welfare of students have been corrected.
(d) Not later than the third business day after the date the commissioner acts under Subsection (b), the commissioner shall provide the charter holder an opportunity for a hearing.
(e) Immediately after a hearing under Subsection (d), the commissioner must cease the action under Subsection (b) or initiate action under Section 12.116.
(f) The commissioner shall adopt rules implementing this section. Chapter 2001, Government Code, does not apply to a hearing under this section.
Notes and commentary — not statutory text
History
Added by Acts 2001, 77th Leg., ch. 1504, Sec. 13, eff. Sept. 1, 2001.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 19, eff. June 19, 2009.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(13), eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.05, eff. September 1, 2021.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ED/htm/ED.12.htm
- Text hash
- sha256 2191267ea20764671d383f00aa70490415f414f0a450165df9f44622bcb8e002
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Education Code
- Tex. Educ. Code § 12.116PROCEDURE FOR REVOCATION, MODIFICATION OF GOVERNANCE, OR DENIAL OF RENEWAL.Printed as Section 12.116
- Tex. Educ. Code § 39.004CONDUCT OF SPECIAL INVESTIGATIONS.Printed as Section 39.004(b)
- Tex. Educ. Code § 39A.001GROUNDS FOR COMMISSIONER ACTION.Printed as Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007
- Tex. Educ. Code § 39A.002AUTHORIZED COMMISSIONER ACTIONS.Printed as Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007
- Tex. Educ. Code § 39A.004APPOINTMENT OF BOARD OF MANAGERS.Printed as Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007
- Tex. Educ. Code § 39A.005REVOCATION OF SCHOOL DISTRICT ACCREDITATION.Printed as Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007
- Tex. Educ. Code § 39A.007INTERVENTION TO IMPROVE HIGH SCHOOL COMPLETION RATE.Printed as Section 39A.001, 39A.002, 39A.004, 39A.005, or 39A.007
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.