AG(LEGAL) - HOME-RULE DISTRICTS

  1. The district's boundaries.
  2. Taxes or bonds of the district authorized before the effective date of the charter.

Powers of Home-Rule District

  1. A home-rule district is subject to the Education Code only to the extent a provision of the Education Code specifically provides for the applicability to a home-rule district;
  2. A home-rule district is subject to a rule adopted by the State Board of Education (SBOE) or the commissioner only if the code provision authorizing the rule specifically applies to a home-rule district; and
  3. A home-rule district is subject to all requirements of federal law and applicable court orders relating to eligibility for and the provision of special education and bilingual programs.

Nondiscrimination

Charter Commission

  1. The board receives a petition requesting the appointment of a charter commission signed by at least five percent of the district's registered voters; or
  2. At least two-thirds of the total membership of the board adopts a resolution ordering the appointment of a charter commission.

Membership

Governmental Body

Content of Home-Rule Charter

  1. Describe the educational program to be offered.
  2. Provide that continuation of the charter is contingent on:
    1. Acceptable student performance on assessment instruments.
    2. Compliance with other applicable accountability provisions.
  3. Specify any basis, in addition to a basis specified at Education Code Chapter 11, Subchapter B, on which the charter may be placed on probation or revoked.
  4. Describe the governing structure of the district and campuses.
  5. Specify any procedure or requirement, in addition to those at Education Code Chapter 38 [see FF series], the district will follow to ensure the health and safety of students and employees.
  6. Describe the process by which the district will adopt an annual budget, including the use of program-weight funds.
  7. Describe how the annual audit of the district's financial and programmatic operations will be conducted, including how the district will provide the necessary information to participate in the Public Education Information Management System (PEIMS).
  8. Include any other provision the charter commission considers necessary.

Review by Commissioner of Education

Charter Elections

Minimum Voter Turnout

  1. That occurs at least 45 days after the election is ordered, and
  2. On which one or more elections are to be held, the combination of which covers all the territory of the district.

Charter Amendments

Adoption of Charter or Amendment

Certification of Charter

Governance of Home-Rule District

Change in Governing Body

Requirements Under Education Code

  1. Provisions of the Education Code establishing a criminal offense.
  2. Provisions of the Education Code relating to limitations on liability.
  3. Prohibitions, restrictions, or requirements relating to:
    1. PEIMS, as determined by the commissioner.
    2. Educator certification under Education Code Chapter 21 and educator rights under Education Code 21.407, .408, and 22.001. [See CFEA, DGA]
    3. Criminal history records under Education Code Chapter 22, Subchapter C. [See DBAA]
    4. Student admissions under Education Code 25.001. [See FD]
    5. School attendance under Education Code 25.085–28.087. [See FEA]
    6. Interdistrict transfers under Education Code Chapter 25, Subchapter B. [See FDA]
    7. Elementary class-size limits, in the case of any campus that fails to satisfy any standard under Education Code 39.054(e). [See EEB]
    8. High school graduation under Education Code 28.025. [See EIF]
    9. Special education programs under Education Code Chapter 29, Subchapter A. [See EHBA series]
    10. Bilingual education under Education Code Chapter 29, Subchapter B. [See EHBE]
    11. Prekindergarten programs under Education Code Chapter 29, Subchapter E. [See EEL, EHBG]
    12. Safety provisions relating to the transportation of students under Education Code 34.002–.004 and .008. [See CNA, CNB, CNC]
    13. Computation and distribution of state aid under Education Code Chapters 31, 42, and 43.
    14. Extracurricular activities under Education Code 33.081. [See FM]
    15. Health and safety under Education Code Chapter 38. [See FF series]
    16. Public school accountability under Education Code Chapter 39, Subchapters B, C, D, and J, and Chapter 39A. [See AI series]
    17. Equalized wealth level under Education Code Chapter 41.
    18. Bonds or other obligations or tax rates under Education Code Chapters 42, 43, and 45.
    19. Purchasing under Education Code Chapter 44. [See CH]

Employees of Home-Rule Districts

Rescission of Charter

  1. The board receives a petition requesting a rescission election signed by at least five percent of the registered voters of the district; or
  2. At least two-thirds of the board adopts a resolution ordering the election.
  1. District boundaries.
  2. Taxes or bonds of the district authorized before the effective date of the rescission.

Probation or Revocation of Charter

Status of District in Case of Annexation or Consolidation

Hughes Springs ISD

AG(LEGAL)-P

UPDATE 99

DATE ISSUED: 3/18/2014