Tex. Educ. Code Section 11.174
Contract Regarding Operation of District Campus


(a)

A school district campus qualifies for an exemption from intervention as provided by Subsection (f) and qualifies for funding as provided by Section 48.252 (School District Entitlement for Certain Students) if the board of trustees of the district contracts to partner to operate the district campus as provided by this section with:

(1)

the governing body of an open-enrollment charter school; or

(2)

on approval by the commissioner, an entity granted a charter by the district under Subchapter C (Definitions), Chapter 12 (Charters), that is eligible to be awarded a charter under Section 12.101 (Authorization)(a).

(b)

The board of trustees of a school district may enter into a contract as provided by Subsection (a) only if:

(1)

the charter of the open-enrollment charter school has not been previously revoked;

(2)

for the three school years preceding the school year of the proposed operation of the district campus as described by Subsection (a), the open-enrollment charter school has received:

(A)

an overall performance rating of acceptable or higher under Subchapter C (Accreditation Status), Chapter 39 (Public School System Accountability); and

(B)

a financial accountability rating under Subchapter D (Definitions), Chapter 39 (Public School System Accountability), indicating financial performance of satisfactory or higher; or

(3)

the entity considered for a district-authorized charter has not previously operated an open-enrollment charter school in which the charter expired or was revoked or surrendered.

(c)

Before entering into a contract as provided by this section, a school district must consult with campus personnel regarding the provisions to be included in the contract between the school district and the open-enrollment charter school. All rights and protections afforded by current employment contracts or agreements may not be affected by the contract entered into between a school district and an open-enrollment charter school under this section.

(d)

To operate a district campus as provided by this section, the district campus must be granted a charter under Subchapter C (Definitions), Chapter 12 (Charters).

(e)

The commissioner shall continue to evaluate and assign overall and domain performance ratings under Section 39.054 (Methods and Standards for Evaluating Performance) to a district campus subject to a contract described by Subsection (a).

(f)

This subsection applies only to a district campus subject to a contract described by Subsection (a) that received an overall performance rating of unacceptable under Subchapter C (Accreditation Status), Chapter 39 (Public School System Accountability), for the school year before operation of the district campus under the contract began. The commissioner may not impose a sanction or take action against the campus under Section 39.107(a) or (e) for failure to satisfy academic performance standards during the first two school years of operation of a district campus under Subsection (a). The overall performance rating received by the campus during those first two school years is not included in calculating consecutive school years and is not considered a break in consecutive school years under Section 39.107(a) or (e).

(g)

A campus that receives an exemption from a sanction or other action under Subsection (f) may receive another exemption while operating under a subsequent contract only if the campus receives approval for the exemption from the commissioner.

(h)

Subject to Subsection (i), a contract entered into by the board of trustees of a school district and the governing body of an open-enrollment charter school for the operation of a district campus as provided by Subsection (a) must include a provision addressing student eligibility for enrollment.

(i)

The contract of a campus subject to Subsection (f) must provide that any student residing in the attendance zone of the district campus as the attendance zone existed before operation of the district campus under the contract shall be admitted for enrollment at the campus. The contract must establish enrollment preference for students who do not reside in the attendance zone as follows:

(1)

other students residing in the school district in which the campus is located; and

(2)

students who reside outside the school district.

(j)

An employee of an entity granted a district-authorized charter that enters into a contract under this section to operate a district campus is eligible for membership in and benefits from the Teacher Retirement System of Texas if the employee would be eligible for membership and benefits if holding the same position at the district.

(k)

A district proposing to enter into a contract under Subsection (a)(2) shall notify the commissioner of the district’s intent to enter into the contract. The commissioner by rule shall establish the procedures for a district to notify the commissioner under this subsection, including the period within which the notification is required before the school year in which the proposed contract would take effect, and for a district and, if necessary, an entity to submit information as required by the commissioner. The commissioner shall notify the district whether the proposed contract is approved not later than the 60th day after the date the commissioner receives notice of the proposed contract and all information required by the commissioner to be submitted. If the commissioner fails to notify the district that the proposed contract has been approved or denied within the period prescribed by this subsection, the proposed contract is considered approved.

(l)

Except as expressly provided by this section, the commissioner may not impose additional requirements on an open-enrollment charter school to be eligible for a contract under Subsection (a).

(m)

The commissioner shall adopt rules as necessary to administer this section, including requirements for an entity and the contract with the entity, including the standards required for an entity to receive approval under Subsection (a)(2).

(n)

This section does not prohibit a contract between a school district and another entity for the provision of services for the campus.
Added by Acts 2017, 85th Leg., R.S., Ch. 953 (S.B. 1882), Sec. 1, eff. June 15, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 3.007, eff. September 1, 2019.

Source: Section 11.174 — Contract Regarding Operation of District Campus, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­11.­htm#11.­174 (accessed Jun. 5, 2024).

11.001
Accreditation
11.002
Responsibility of School Districts for Public Education
11.003
Administrative Efficiency
11.011
Organization
11.051
Governance of Independent School District
11.052
Single-member Trustee Districts
11.053
Option to Continue in Office Following Adoption of Single-member Plan or Redistricting
11.054
Electing Trustees by Cumulative Voting
11.055
Application to Get on Ballot
11.056
Write-in Voting
11.057
Determination of Results
11.058
Election by Position
11.059
Terms
11.060
Vacancies
11.061
Qualification and Organization of Trustees
11.062
Election of Officers in Certain School Districts
11.063
Eligibility for Employment
11.064
Filing of Financial Statement by Trustee
11.065
Applicability to Certain Districts
11.066
Eligibility for Service by Trustee Convicted of Certain Offenses
11.151
In General
11.152
Taxes
11.153
Sale of Minerals
11.154
Sale of Property Other than Minerals
11.155
Eminent Domain
11.156
Donations to the Public Schools
11.157
Contracts for Educational Services
11.158
Authority to Charge Fees
11.159
Member Training and Orientation
11.160
Change of School District Name
11.161
Frivolous Suit
11.162
School Uniforms
11.164
Restricting Written Information
11.165
Access to School Campuses
11.166
Operation on Campus of Institution of Higher Education
11.167
Operation Outside District Boundaries
11.168
Use of District Resources Prohibited for Certain Purposes
11.169
Electioneering Prohibited
11.170
Internal Auditor
11.171
School District Grievance Policy
11.174
Contract Regarding Operation of District Campus
11.175
School Cybersecurity
11.178
Prohibition Against Use of School District Resources for Hotel
11.179
Sale of Alcoholic Beverages in Certain Leased District Facilities
11.182
Board Improvement and Evaluation Tool
11.184
Efficiency Audit
11.185
Early Childhood Literacy and Mathematics Proficiency Plans
11.186
College, Career, and Military Readiness Plans
11.201
Superintendents
11.202
Principals
11.251
Planning and Decision-making Process
11.252
District-level Planning and Decision-making
11.253
Campus Planning and Site-based Decision-making
11.254
State Responsibilities for the Planning and Decision-making Process
11.255
Dropout Prevention Review
11.301
Application of Former Law
11.302
Public Information
11.303
Municipal School Districts
11.304
Write-in Voting: Common School District Board Election
11.351
Authority to Establish Special-purpose School District
11.352
Governance of Special-purpose District
11.353
Admission and Attendance
11.354
Abolition of Special-purpose District
11.355
Annexation of Additional Territory by Certain Special-purpose Districts
11.356
Support of Students Enrolled in Special-purpose School Districts
11.0511
Student Trustee for Certain Districts
11.0581
Joint Elections Required
11.0621
Meetings
11.1511
Specific Powers and Duties of Board
11.1512
Collaboration Between Board and Superintendent
11.1513
Employment Policy
11.1514
Social Security Numbers
11.1515
Oversight of Academic Achievement
11.1516
District Data on Academic Achievement
11.1518
Trustee Information Posted on Website
11.1541
Donation of Surplus Property
11.1542
Open-enrollment Charter School Offer for District Facility
11.1543
Charter School Payment for Facilities Use or for Services

Accessed:
Jun. 5, 2024

§ 11.174’s source at texas​.gov