Does the Texas Education Code Apply to Charter Schools? Charter School Certification and Regulations

Certification Requirements for Charter School Teachers

State law does not require charter school teachers and principals to be certified, except in the case of teachers assigned to teach in special education or bilingual programs, in which case the appropriate state certification is required. State law also requires open-enrollment charter school teachers and principals to have a baccalaureate degree. Charter schools must perform criminal history checks on prospective employees and volunteers.

Both charter and traditional public school educators teaching special education or bilingual education must be credentialed. Individual charter schools set their own policies for teacher certifications. Charter schools provide a wide range of educational experiences for both students and teachers because there are so many different schools to choose from and more are opening every year.

The traditional path to teacher certification in Texas requires a bachelor’s degree with a teacher preparation program and student teaching, followed by passing the state’s exams for educators. Teacher certification ensures that educators are qualified and ready to teach to state standards. Many private schools also prefer to hire teachers who have a teaching certificate.

Charter School Funding and Curriculum Design

Charter school students in Texas receive a funding advantage of $1,100 compared with students in our state’s major urban and suburban school districts.

Under the School Code, charters must maintain the same criminal history checks, meetings, regulations, programs, rights, records, and assessment system as public schools. They must offer aligned core courses but can design their own curriculums and programs. A charter school is a publicly funded, exempt from most Education Code, K-12 school, usually created by a group of teachers, parents, and leaders, sponsored by an existing board. Goals and procedures are detailed in a charter agreement.

Compliance and Educational Code

Do charter schools follow Ed code? The first section of the Texas Education Code says, "This code applies to all educational institutions supported in whole or in part by state tax funds unless specifically excluded by this code." This means charter schools can choose to operate under different laws than traditional public schools. In either case, charter schools must meet basic requirements as traditional public schools.

A charter school receives state funding, is non-sectarian, open to any student, and cannot charge tuition. By law, it must offer minimum annual instructional minutes to each grade and maintain attendance records available for audit and inspection. A charter school must enroll students with disabilities and provide eligible special education students with appropriate free services. Regarding enrollment applications, it is illegal to request health and disability information until after acceptance.

Audit every charter school under your jurisdiction annually, ensuring no illegal admissions or enrollments. Direct noncompliant schools to correct policies.

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