Current through Reg. 50, No. 13; March 28, 2025
(a) This section applies only to the special
purpose school districts operated by the University of Texas at Austin and
Texas Tech University.
(b) The
special purpose school districts operated by the University of Texas at Austin
and Texas Tech University are public schools of this state fulfilling the
mission of the Texas public education system to ensure that Texas students
receive a quality education that enables them to achieve their potential and
fully participate now and in the future in the social, economic, and
educational opportunities of our state and nation.
(c) Each special purpose school district
shall be governed by the board of regents of the parent university, which has
the authority and responsibilities of a school district board of trustees with
respect to the operation of the special purpose school district but has no
authority to levy a tax. The board of regents may delegate authority and
responsibilities.
(d) Each special
purpose school district shall have an advisory board consisting of at least
five members that, along with the superintendent, reports to the board of
regents regarding the operation of the district. The president of the
university may designate a person to report on the management, operations, and
accountability of the special purpose school district to the board of regents.
The following requirements apply to each special purpose school district.
(1) The advisory board shall hold public
meetings that comply with appropriate notice requirements for governmental
bodies.
(2) The president of the
university shall appoint the superintendent of the special purpose school
district.
(3) The university shall
submit nominees for approval by the State Board of Education (SBOE) to serve as
special purpose school district advisory board members. The superintendent may
not participate in the nomination process for the advisory board.
(4) The superintendent and advisory board
shall ensure information required to be made available to the public is made
available on the special purpose school district's website.
(5) The university shall develop an advisory
board training program that provides the relevant board training required under
Texas Education Code (TEC), §11.159, and shall submit to the SBOE the
training requirements by September 1 of each odd-numbered year.
(e) Students who are eligible to
enroll in a Texas independent or common school district are eligible to enroll
in a special purpose school district, and each special purpose school district:
(1) shall establish an initial enrollment
window for each academic semester that uses a lottery to fill open spots not
filled by previously enrolled students. After the initial enrollment window
closes, enrollment may be based on a first come first served basis;
(2) shall develop an outreach program
targeted at underserved student populations;
(3) may admit students at least 21 years of
age and under 26 years of age for the purpose of completing the requirements
for a high school diploma in accordance with TEC, §
25.001. For purposes
of TEC, §
25.001(b-2),
the term "classroom setting" does not include a virtual classroom that has no
physical proximity; and
(4) is
neither required nor prohibited from providing a student with home computer
equipment or internet access.
(f) Except as provided elsewhere in this
section, each special purpose school district operates as a public school of
Texas, and the laws applicable to Texas public schools, per TEC, §
11.352(c),
apply, including:
(1) providing for equal
education opportunity, in accordance with the TEC and constitutions of Texas
and the United States;
(2)
charging fees, holding funding in trust for the education of students, and
spending funding to achieve the educational purposes listed in this section;
(3) complying with student records
retention, transmission, and other related requirements;
(4) having access to other school resources
such as regional education service centers under TEC, Chapter 8 and
§11.003; commissioner of education waiver authority under TEC, §
7.056; school immunity
under TEC, Chapter 22, Subchapter B; and relevant grant programs;
(5) certification requirements under TEC,
§§
21.003,
21.055, and
21.057, and continuing
education requirements under TEC, §
21.054, with
employment practices to include provisions substantially similar to TEC, §
21.0031 and §
21.058;
(6) complying with the health, safety, and
welfare provisions such as reporting of misconduct under TEC, §§
21.006,
21.0061,
21.009,
21.057,
21.058,
21.0581, and
21.062, and background
checks under TEC, Chapter 22, Subchapters C and C-1;
(7) parental and student rights such as those
provided for in TEC, Chapter 26.
(A) The
special purpose school district shall establish a grievance process for
complaints.
(B) If the special
purpose school district determines that releasing a copy of an assessment would
jeopardize the security of the assessment because it has not been published and
is not publicly available, in place of releasing a copy of the assessment, the
special purpose school district shall provide information regarding the
standards and concepts for which the student failed to demonstrate proficiency
or, using appropriate security protocols, make the assessment available for
personal review by the student and parent without releasing a copy;
(8) creditable years of service;
(9) curriculum and graduation
requirements under TEC, Chapter 28;
(10) the instructional materials allotment
and the provisions of TEC, Chapter 31; and
(11) accreditation, assessment of academic
skills, academic accountability, and interventions and sanctions under TEC,
§
11.001 and Chapters 39
and 39A.
(g) Each
special purpose school district shall develop a policy regarding when a student
is deemed absent and has excessive absences under its program.
(1) If the student has excessive absences
under the policy, the special purpose school district shall notify both the
student and the school district the student would otherwise be entitled to
attend that the student has been disenrolled from the special purpose school
district.
(2) By September 1 of
each odd-numbered school year, the special purpose school district shall submit
its absence policy to the SBOE, including any modifications made since the
previous submission.
(h) If a special purpose school district
seeks a waiver under commissioner authority for more than three consecutive
years, the special purpose school district shall submit the issue to the SBOE
for consideration as a possible permanent exemption.
(i) As a special purpose school district is
designed to provide education statewide through digital learning methodologies,
the following special requirements and modifications are in effect.
(1) TEC, Chapter 12A, does not apply.
(2) TEC, Chapter 22, Subchapter A,
does not apply.
(3) The
superintendent shall make personnel decisions for the special purpose school
district.
(A) Employee grievances shall be
covered by the parent university's human resources practices.
(B) The parent university's human resources
requirements and practices shall apply to employees, unless otherwise indicated
by law or rule.
(4) The
special purpose school district shall operate in the time and accounting manner
necessary to comply with the funding model established by the commissioner for
access to Foundation School Program (FSP) funds.
(5) The special purpose school district shall
adopt a student code of conduct that aligns with the provisions of TEC, Chapter
37, but is not required to include the use of disciplinary alternative
education programs or juvenile justice alternative education programs.
(6) The special purpose school
district shall annually submit to the SBOE a report on disciplinary actions
made to the district and a report on complaints made to the special purpose
school district.
(7) TEC,
§§
11.1542,
11.1543, and
11.155, do not apply.
(8) The special purpose school
district is not required to have the membership compositions for committees
under TEC, §§
11.251,
11.252,
11.253, or
11.255, but must
develop plans and policies that comply with those provisions.
(9) Educator contract requirements under TEC,
Chapter 21, Subchapters C, D, E, F, and G; appraisal system requirements under
TEC, Chapter 21, Subchapter H; duties and benefits requirements under TEC,
Chapter 21, Subchapter I; and staff development requirements under TEC, Chapter
21, Subchapter J, do not apply, and the special purpose school district shall
develop an appraisal system that contains the items in TEC, §
21.351(a).
(10) TEC, §§ 25.08111
and
25.111 -
25.114, do not apply.
(11) The requirements of TEC,
§
28.004, to have a
school health advisory council do not apply, but the special purpose school
district shall:
(A) comply with the
provisions of TEC, §
28.004, with regard to
the parameters of health education and curriculum materials; posting, notice,
and grievance provisions; and consideration of related issues; and
(B) require that the advisory board solicit
community and parental input and develop recommendations regarding the subject
matter of TEC, §
28.004(c)(1), (2)(A) and
(D) -(H), and (3)-(6).
(12) Financial accountability and fiscal
management under TEC, Chapters 39 and 44, shall apply as if the special purpose
school district were a university charter school, and the special purpose
school district's public funds must be maintained in a manner that allows
auditing of the public funds separate from other funds.
(j) The provisions of this section apply to
each special purpose school district's operation for educating students
eligible for enrollment in Texas public schools who enroll in the state-funded
special purpose school district. This section does not apply to a tuition-based
program operated in tandem with the state-funded program. However, the school
operations that include Texas students are subject to subsection (l) of this
section.
(1) A parent of a Texas student may
voluntarily decide to enroll a student in the tuition-based program.
(2) The special purpose school district shall
biannually report student attendance in its state-funded school and Texas
student attendance in its tuition-supported school. Information shall be
provided to ensure that student participation does not disadvantage any student
group from access to the state-funded school.
(k) Each special purpose school district
shall submit to the SBOE by September 1 of each odd-numbered year an updated
list by section of the TEC, Title I and Title II, with recommendations
regarding which sections of the code should apply or not apply to the
operations of its schools. The submission must compare the recommendations to
the list last provided to the SBOE.
(l) If the special purpose school district
declines FSP payment, the special purpose school district is authorized to
charge tuition and is subject to:
(1)
accreditation, academic assessment, academic and financial accountability, and
interventions under TEC, Chapters 39 and 39A; and
(2) reporting requirements imposed by the
Texas Education Agency.
(m) The parent university of each special
purpose school district shall submit nominations for and establish an advisory
board as soon as practicable, and the provisions of this section that require
the special purpose school district to develop a policy apply beginning with
the 2021-2022 school year.
