Tex. Codes » Education Code · TITLE 2. PUBLIC EDUCATION · SUBTITLE C. LOCAL ORGANIZATION AND GOVERNANCE · CHAPTER 12. CHARTERS
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Tex. Educ. Code § 12.103 (2026)

General Applicability Of Laws, Rules, And Ordinances To Open-enrollment Charter School

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Sec. 12.103. GENERAL APPLICABILITY OF LAWS, RULES, AND ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL. (a) Except as provided by Subsection (b) or (c), an open-enrollment charter school is subject to federal and state laws and rules governing public schools and to municipal zoning ordinances governing public schools.

(b) An open-enrollment charter school is subject to this code and rules adopted under this code only to the extent the applicability to an open-enrollment charter school of a provision of this code or a rule adopted under this code is specifically provided.

(c) Repealed by Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 4, eff. Sept. 1, 2001.

Amended by:

Acts 2023, 88th Leg., R.S., Ch. 699 (H.B. 1707), Sec. 4, eff. June 12, 2023.

Notes of Decisions
Cited in 16 cases (1 in the last 5 years), 2009–2024 · leading case: Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018).
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Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “at 77-78 (citing TEX. EDUC. CODE §§ 12.103(a) - (b), .104, .”
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017). “at 77-78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 358 S.W.3d 725 (Tex. App.—Dallas 2012). · cites it 2× “” Tex. Educ. Code Ann. § 12.103 (a) (West 2006).”
Neighborhood Centers Inc. v. Doreatha Walker, 499 S.W.3d 16 (Tex. App.—Houston [1st Dist.] 2016). · cites it 3× “” Tex. Educ. Code Ann. § 12.103 (a) (Vernon 2012).”
Hwy 3 MHP, LLC v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App.—Austin 2015). “at 78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 288 S.W.3d 31 (Tex. App.—Dallas 2009). “See tex. educ. code Ann. § 12.103(a) (Vernon 2006).”
Ohnesorge v. Winfree Academy Charter Sch., 328 S.W.3d 654 (Tex. App.—Dallas 2010). “, an open-enrollment charter school is subject to federal and state laws and rules governing public schools — ” Tex. Educ.Code Ann. § 12.103(a) (West 2006).”
Univ. of the Incarnate Word v. Redus, 474 S.W.3d 816 (Tex. App.—San Antonio 2015). “78 (citing Tex. Educ. Code Ann. § 12.103 (a), .104, .”
Azleway Charter Sch. v. Hogue, 515 S.W.3d 359 (Tex. App.—Tyler 2016). · cites it 2× “See Tex. Educ. Code Ann. § 12.103 (a) (West 2012).”
Untitled Texas Attorney Gen. Opinion, No. KP-0176 (Tex. Att'y Gen. July 2, 2017). “See TEX. EDUC. CODE § 12.103(a) ("an open-enrollment charter school is subject to federal and state laws and rules governing public schools").”
Jubilee Academic Ctr., Inc. v. Sch. Model Support, LLC, No. 04-23-00603-CV (Tex. App.—San Antonio June 20, 2024). “Its charter schools are organized under the Texas Education Code. See TEX. EDUC. CODE ANN.”
El Paso Educ. Initiative, Inc. v. Amex Props., LLC, 602 S.W.3d 521 (Tex. 2020). “§ 12.106(a) (“A charter holder is entitled to receive” funding for the open-enrollment charter school based in part on student “weighted average daily attendance” and on “the state average tax effort.”
Show all 16 citing cases →
Tex. Educ. Code § 12.103(a): 10 cases
Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “at 77-78 (citing TEX. EDUC. CODE §§ 12.103(a) - (b), .104, .”
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017). “at 77-78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
Hwy 3 MHP, LLC v. Elec. Reliability Council of Texas (ERCOT), 462 S.W.3d 204 (Tex. App.—Austin 2015). “at 78 (citing Tex. Educ. Code §§ 12.103(a), .104, .106(a)).”
LTTS Charter Sch., Inc. v. C2 Constr., Inc., 288 S.W.3d 31 (Tex. App.—Dallas 2009). “See tex. educ. code Ann. § 12.103(a) (Vernon 2006).”
Ohnesorge v. Winfree Academy Charter Sch., 328 S.W.3d 654 (Tex. App.—Dallas 2010). “, an open-enrollment charter school is subject to federal and state laws and rules governing public schools — ” Tex. Educ.Code Ann. § 12.103(a) (West 2006).”
Tex. Educ. Code § 12.103(b): 1 case
Azleway Charter Sch. v. Hogue, 515 S.W.3d 359 (Tex. App.—Tyler 2016). “See Tex. Educ. Code Ann. § 12.103 (a) (West 2012).”
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