HB 2354

relating to charter schools, including the admission, enrollment,
and employment policies of and the applicability of certain laws to
open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 12.002, Education Code, is amended to
Sec. 12.002.  CLASSES OF CHARTER.  The classes of charter
(1)  a home-rule school district charter as provided by
(2)  a campus or campus program charter as provided by
(3)  an open-enrollment charter as provided by
(4)  a college or university or junior college charter
as provided by Subchapter E; or
(5)  an adult education program charter as provided by
SECTION 2.  Section 12.1058(a), Education Code, is amended
(a)  An open-enrollment charter school is considered to be:
(1)  a local government for purposes of Chapter 791,
(2)  a local government for purposes of Chapter 2259,
Government Code, except that an open-enrollment charter school may
not issue public securities as provided by Section 2259.031(b),
(3)  a political subdivision for purposes of Chapter
(4)  a local governmental entity for purposes of
Subchapter I, Chapter 271, Local Government Code;
(5)  a political subdivision for purposes of Section
180.008, Local Government Code;
(6)  a political subdivision for purposes of Section
16.061, Civil Practice and Remedies Code, with respect to any
property purchased, leased, constructed, renovated, or improved
with state funds under Section 12.128 of this code; [and]
(7)  a political subdivision for purposes of Section
(8)  a public school district customer for purposes of
(9)  a political subdivision for purposes of Section
304.001, Local Government Code; and
(10)  a local authority for purposes of Subtitle C,
Title 7, Transportation Code, only when the school is designating
school crossing guards for campuses of the school.
SECTION 3.  Section 12.111(a), Education Code, is amended to
(a)  Each charter granted under this subchapter must:
(1)  describe the educational program to be offered,
which must include the required curriculum as provided by Section
(2)  provide that continuation of the charter is
contingent on the status of the charter as determined under Section
12.1141 or 12.115 or under Chapter 39A;
(3)  specify the academic, operational, and financial
performance expectations by which a school operating under the
charter will be evaluated, which must include applicable elements
of the performance frameworks adopted under Section 12.1181;
(A)  any basis, in addition to a basis specified
by this subchapter or Chapter 39A, on which the charter may be
revoked, renewal of the charter may be denied, or the charter may be
(B)  the standards for evaluation of a school
operating under the charter for purposes of charter renewal, denial
of renewal, expiration, revocation, or other intervention in
accordance with Section 12.1141 or 12.115 or Chapter 39A, as
(5)  prohibit discrimination in admission policy on the
basis of sex, national origin, ethnicity, religion, disability,
academic, artistic, or athletic ability, or the district the child
would otherwise attend in accordance with this code, although the
(A)  provide for the exclusion of a student who
has a documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
(B)  provide for an admission policy that requires
a student to demonstrate artistic ability if the school specializes
(C)  provide for an admission policy that limits
admission to students of a single biological sex as correctly
stated on the student's official birth certificate, as described by
Section 33.0834(c), or, if the student's official birth certificate
is unobtainable, another governmental record;
(6)  specify the grade levels to be offered;
(7)  describe the governing structure of the program,
(A)  the officer positions designated;
(B)  the manner in which officers are selected and
(C)  the manner in which members of the governing
body of the school are selected and removed from office;
(D)  the manner in which vacancies on that
(E)  the term for which members of that governing
(F)  whether the terms are to be staggered;
(8)  specify the powers or duties of the governing body
of the school that the governing body may delegate to an officer;
(9)  specify the manner in which the school will
distribute to parents information related to the qualifications of
each professional employee of the program, including any
professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held
by each employee, and any relevant experience of each employee;
(10)  describe the process by which the person
providing the program will adopt an annual budget;
(11)  describe the manner in which an annual audit of
the financial and programmatic operations of the program is to be
conducted, including the manner in which the person providing the
program will provide information necessary for the school district
in which the program is located to participate, as required by this
code or by commissioner rule, in the Public Education Information
(12)  describe the facilities to be used;
(13)  describe the geographical area served by the
(14)  specify any type of enrollment criteria to be
(15)  provide information, as determined by the
commissioner, relating to any management company that will provide
management services to a school operating under the charter; and
(16)  specify that the governing body of an
open-enrollment charter school accepts and may not delegate
ultimate responsibility for the school, including the school's
academic performance and financial and operational viability, and
is responsible for overseeing any management company providing
management services for the school and for holding the management
company accountable for the school's performance.
SECTION 4.  The heading to Section 12.117, Education Code,
Sec. 12.117.  ADMISSION AND ENROLLMENT.
SECTION 5.  Section 12.117, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
(a)  For admission and enrollment to an open-enrollment
charter school, the governing body of the school shall:
(1)  require the applicant to complete and submit the
common admission application form described by Section 12.1173 not
later than a reasonable deadline the school establishes; and
(2)  on receipt of more acceptable applications for
admission under this section than available positions in a grade
(A)  fill the available positions by lottery; or
(B)  subject to Subsection (b), fill the available
positions in the order in which applications received before the
application deadline were received.
(a-1)  An open-enrollment charter school that fills
available positions by lottery under Subsection (a)(2)(A) may use a
weighted lottery that assigns weights to applicants so that an
applicant's probability of admission increases if the applicant
satisfies criteria selected by the school. The school may increase
an applicant's probability of admission if the applicant is:
(1)  eligible to participate in a special education
(2)  an emergent bilingual student, as defined by
(3)  educationally disadvantaged.
(a-2)  The commissioner shall adopt rules regarding the
implementation of a weighted lottery under Subsection (a-1),
(1)  establish the information an open-enrollment
charter school may request an applicant to provide, which must be
limited in scope to only the information necessary for the school to
(A)  federal law regarding the confidentiality of
student medical or educational information, including the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d et seq.) and the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g); and
(B)  any state law relating to the privacy of
(a-3)  An open-enrollment charter school that uses a
weighted lottery under Subsection (a-1) shall:
(1)  include in the school's admission and enrollment
policy the information the school may request an applicant to
provide under Subsection (a-2)(1);
(2)  request an applicant to provide the information
under Subsection (a-2)(1) only if the school receives more
acceptable applications for admission than available positions in
(3)  clearly mark all information requested under
Subdivision (2) as optional; and
(4)  use any information provided by an applicant under
Subdivision (2) only to determine if the applicant's probability of
admission will increase in accordance with Subsection (a-1).
(b-1)  An open-enrollment charter school shall make publicly
available and post in a prominent and appropriate location on the
school's public Internet website, if the school maintains a public
Internet website, notice of the school's admission and enrollment
(1)  the method by which the school fills available
positions in the school, including whether the school uses:
(2)  if the school fills available positions by
weighted lottery under Subsection (a-1), the weights assigned to
applicants under that subsection.
SECTION 6.  Section 12.119, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1)  For purposes of Subsection (b), an officer or member
of the governing body of an open-enrollment charter school does not
include an assistant principal or assistant director.
SECTION 7.  Section 12.129, Education Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
(a)  Except as provided by Subsections [Subsection] (b) and
(c), a person employed as a principal or a teacher by an
open-enrollment charter school must hold a baccalaureate degree.
(c)  A person may be employed as a teacher for a noncore
academic career and technical education course without holding a
(1)   the person meets the qualifications under Section
(2)  the governing body and the chief executive officer
and educational leader of the open-enrollment charter school comply
with the requirements of Section 21.055(d-1) in the same manner as a
school district board of trustees and superintendent.
SECTION 8.  This Act applies beginning with the 2025-2026
SECTION 9.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.