Education Code § 12.104

Sec. 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; 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, Occupations Code, to the school. (a-2) A reference in law to a peace officer commissioned under Section 37.081 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, 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 agency; (B) criminal history records under Subchapter C, Chapter 22; (C) reading and mathematics instruments and reading interventions under Sections 28.006, 28.0063, and 28.0064; (D) accelerated instruction under Section 28.0211; (E) high school graduation requirements under Section 28.025; (F) special education programs under Subchapter A, Chapter 29; (G) bilingual education under Subchapter B, Chapter 29; (H) prekindergarten programs under Subchapter E or E-1, Chapter 29, except class size limits for prekindergarten classes imposed under Section 25.112, which do not apply; (I) extracurricular activities under Section 33.081; (J) discipline management practices or behavior management techniques under Section 37.0021; (K) health and safety under Chapter 38; (L) the provisions of Subchapter A, Chapter 39; (M) public school accountability and special investigations under Subchapters A, B, C, D, F, G, and J, Chapter 39, and Chapter 39A; (N) the requirement under Section 22A.051 or 22A.052 to report misconduct; (O) intensive programs of instruction under Section 28.0213; (P) the right of a school employee to report a crime, as provided by Section 37.148; (Q) bullying prevention policies and procedures under Section 37.0832; (R) the right of a school under Section 37.0052 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 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(b)(11) and 26.0081(c) and (d); (U) establishment of residency under Section 25.001; (V) school safety requirements under Sections 37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085, 37.1086, 37.1087, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and 37.2071 and Subchapter J, Chapter 37; (W) the early childhood literacy and mathematics proficiency plans under Section 11.185; (X) the college, career, and military readiness plans under Section 11.186; (Y) parental options to retain a student under Section 28.02124; (Z) diversity, equity, and inclusion duties under Section 11.005; (AA) parental access to instructional materials and curricula under Section 26.0061; (BB) the adoption of a parental engagement policy as provided by Section 26.0071; (CC) parental rights to information regarding a student's mental, emotional, and physical health-related needs and related services offered by the school as provided by Section 26.0083; and (DD) establishment of a local school health advisory council with members appointed by the governing body of the school and health education instruction that complies with Section 28.004. (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. (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(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. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1999, 76th Leg., ch. 396, Sec. 2.04, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 212, Sec. 2, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1504, Sec. 5, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 374, Sec. 1, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1212, Sec. 3, eff. June 20, 2003. Amended by: Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 5.001, eff. September 1, 2005. Acts 2009, 81st Leg., R.S., Ch. 895 (H.B. 3), Sec. 16, eff. June 19, 2009. Acts 2011, 82nd Leg., R.S., Ch. 662 (S.B. 1484), Sec. 3, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 14, eff. September 1, 2013. Acts 2015, 84th Leg., R.S., Ch. 5 (S.B. 149), Sec. 1, eff. May 11, 2015. Acts 2015, 84th Leg., R.S., Ch. 142 (H.B. 4), Sec. 2, eff. May 28, 2015. Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 1, eff. September 1, 2015. Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 21.003(10), eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 522 (S.B. 179), Sec. 7, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 549 (S.B. 463), Sec. 1, eff. June 9, 2017. Acts 2017, 85th Leg., R.S., Ch. 735 (S.B. 1153), Sec. 1, eff. June 12, 2017. Acts 2019, 86th Leg., R.S., Ch. 14 (S.B. 213), Sec. 1, eff. May 7, 2019. Acts 2019, 86th Leg., R.S., Ch. 262 (H.B. 1597), Sec. 2, eff. May 28, 2019. Acts 2019, 86th Leg., R.S., Ch. 464 (S.B. 11), Sec. 3, eff. June 6, 2019. Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 5.001, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 511 (S.B. 372), Sec. 1, eff. June 7, 2019. Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2.004, eff. June 12, 2019. Acts 2021, 87th Leg., R.S., Ch. 217 (H.B. 189), Sec. 1, eff. June 4, 2021. Acts 2021, 87th Leg., R.S., Ch. 321 (H.B. 1603), Sec. 1, eff. June 7, 2021. Acts 2021, 87th Leg., R.S., Ch. 542 (S.B. 168), Sec. 3, eff. June 14, 2021. Acts 2021, 87th Leg., R.S., Ch. 887 (S.B. 1697), Sec. 3, eff. June 16, 2021. Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.003, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 974 (S.B. 2081), Sec. 5, eff. September 1, 2021. Acts 2021, 87th Leg., R.S., Ch. 1046 (S.B. 1365), Sec. 4.04, eff. September 1, 2021. Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 768 (H.B. 4595), Sec. 6.003, eff. September 1, 2023. Reenacted and amended by Acts 2023, 88th Leg., R.S., Ch. 896 (H.B. 3), Sec. 4, eff. September 1, 2023. Amended by: Acts 2025, 89th Leg., R.S., Ch. 361 (H.B. 33), Sec. 2, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 5.01, eff. June 20, 2025. Acts 2025, 89th Leg., R.S., Ch. 1125 (S.B. 12), Sec. 8, eff. September 1, 2025. Acts 2025, 89th Leg., R.S., Ch. 1138 (S.B. 571), Sec. 2.04, eff. June 20, 2025.