Provisions of State Law Not Applicable to Open Enrollment Charter Schools

Minimum classroom standards, including:

State certification requirements for teachers and other educators (Texas Education
Code 21.003 et seq.)
22 to 1 Elementary Class-size caps (Texas Education Code 25.112)
Length of school day (Texas Education Code 25.082)
Restriction on class interruptions (Texas Education Code 25.083)
Minimum attendance for class credit (Texas Education Code 25.092)
Limitations on interruptions of class for nonacademic reasons, including prohibition
against removing a student from class for more than 10 percent of the class days
(Texas Education Code 25.083)
Parent and student rights, including:
Inter-district or inter-county transfers of students (Texas Education Code Subchapter B,
Chapter 25)
Right to free exercise of religion under the states Religious Viewpoints Antidiscrimination Act (Texas Education Code 25.151 et seq.)
Right to reasonable access to the principal to request change in student assignment
(Texas Education Code 26.003)
Right to petition the school board to request transfer of a student with the expectation
that the request will not unreasonably be denied (Texas Education Code 26.003,
25.033, and 25.034)
Right to require a district to transfer either the victim or perpetrator of sexual abuse or
assault to a different campus (Texas Education Code 25.0341)
Right to require a district to transfer a victim of bullying to a different campus (Texas
Education Code 25.0342)
Right to request addition of academic course (Texas Education Code 28.003)
Right to request that a child attend an academic class for credit above the childs
grade level (Texas Education Code 26.003)
Right to request early graduation (Texas Education Code 26.003)
Right to enroll in courses under the states virtual schools network (Texas Education
Code 26.0031)
Right to access to school records (except as provided by federal law) (Texas Education
Code 26.004)
Right to access to state assessments (Texas Education Code 26.005)
Right to access to teaching materials, instructional materials and tests (Texas
Education Code 26.006)
Right to full information concerning the student (Texas Education Code 26.008)
Required notice to parents of unsatisfactory grades (Texas Education Code 28.022)
Special rights under Public Information Act for parents (Texas Education Code
26.0085)
Right to not have psychological examinations, tests or treatments conducted on a
child without written parental consent (Texas Education Code 26.009)
Right to not have video- or audio-taping of a student without written consent (Texas
Education Code 26.009)
Right to refuse psychiatric treatment or psychotropic drug without risking charges of
child neglect (Texas Education Code 26.0091)
Right to remove student from a class for an activity that conflicts with the parents
religious or moral beliefs (Texas Education Code 26.010)
Curriculum standards, including:

 Required and enrichment curriculum under Texas Essential Knowledge and Skills as
adopted by State Board of Education (testing based on TEKS would still apply) (Texas
Education Code 28.002)
Prohibition against using Common Core state standards (Texas Education Code
28.002(b-1), (b-3) and (b-4)
The inclusion of religious literature in the enrichment curriculum, including the Old
Testament and New Testament (Texas Education Code 28.002)
Student right to use translation of their choosing of Old Testament and New Testament
and other provisions relating to elective courses on these scriptures (Texas Education
Code 28.011)
The inclusion of Personal Financial Literacy in the essential knowledge and skills (Texas
Education Code 28.0021)
Physical education and physical activity requirements (Texas Education Code 28.002)
Prohibitions against awarding grades a student has not earned (Texas Education Code
28.0216)
Right to access to educational program offered at another school if at least 22
students request a transfer (Texas Education Code 28.003)
Requirement that English shall be the basic language of instruction in public schools
except for dual language immersion programs and bilingual instruction as necessary to
ensure students reasonable proficiency in English and ability to achieve academic
success (Texas Education Code 28.005)
College preparatory courses (Texas Education Code 28.014
Accelerated Instruction for High School Students (Texas Education Code 28.0217)
Compensatory, intensive and accelerated instructional services (Texas Education Code
29.081)
Counseling regarding postsecondary education (Texas Education Code 33.007)
Educator rights and benefits, including:
Certified employee contract rights, including the right to due process during the term
of a contract and the minimal procedures in place for contract non-renewals (Texas
Education Code, Chapter 21)
Access to group health benefits (except as required by federal law) (Texas Education
Code 22.004)
State personal leave, including the right to paid leave for physical injuries when
assaulted by a student (Texas Education Code 22.003)
State minimum salary schedule (Texas Education Code 21.402)
Planning and preparation periods (Texas Education Code 21.404)
Duty-free lunch (Texas Education Code 21.405)
Access to leave of absence for temporary disabilities for teachers (Texas Education
Code 21.409)
Ability to appeal to TEA for violations of school laws (Texas Education Code 7.057)
Prohibition against coercing teachers to belong to groups, clubs, committees or
organizations (Texas Education Code 21.407)
Affirmation of right of teacher to join or not to join a professional association (Texas
Education Code 21.408)
Right for school employees to have professional association dues deducted from
payroll (Texas Education Code 22.001)
Student discipline
Requirement for compulsory school attendance for students expelled from schools
(Texas Education Code 25.086(a)(4) and 37.011)

 Standards and limitations for expulsion, including limitations in expelling students to

the streets (Texas Education Code 37.007, 37.0081, 37.011 and 12.131)
Requirement to have in school disciplinary placements for students, including
minimum academic requirements for disciplinary placements (Texas Education Code
37.008, 37.0082, 37.027, and 12.131)
Requirement to have Student Codes of Conduct (Texas Education Code 37.001)
Minimum disciplinary standards based on penal statutes (Texas Education Code
37.006 and 37.007)
Three day limitation on out-of-school suspensions (Texas Education Code 37.005)
Requirement for compulsory school attendance for students expelled from schools
(Texas Education Code 25.086(a)(4) and 37.011)
Right of teachers to send disruptive students to the office (Texas Education Code
37.002)
Right of teachers to remove persistently or seriously disruptive students from class
(Texas Education Code 37.002)
Removal of registered sex offenders from regular classroom (Texas Education Code
37.301 et. seq.)
Anti-bullying laws (Texas Education Code 25.0342, 37.001, and 37.0832)
Refusal of entry and rejection of unauthorized persons (Texas Education Code 37.105)