Texas Codes

Tex. Educ. Code § 12.116 (2026)

Procedure For Revocation, Modification Of Governance, Or Denial Of Renewal

✓ current as of May 2026

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Sec. 12.116. PROCEDURE FOR REVOCATION, MODIFICATION OF GOVERNANCE, OR DENIAL OF RENEWAL. (a) The commissioner shall adopt an informal procedure to be used for:

(1) revoking the charter of an open-enrollment charter school or for reconstituting the governing body of the charter holder as authorized by Section 12.115; and

(2) denying the renewal of a charter of an open-enrollment charter school as authorized by Section 12.1141(c).

(a-1) The procedure adopted under Subsection (a) for the denial of renewal of a charter under Section 12.1141(c) or the revocation of a charter or reconstitution of a governing body of a charter holder under Section 12.115(a) must allow representatives of the charter holder to meet with the commissioner to discuss the commissioner's decision and must allow the charter holder to submit additional information to the commissioner relating to the commissioner's decision. In a final decision issued by the commissioner, the commissioner shall provide a written response to any information the charter holder submits under this subsection.

(b) Chapter 2001, Government Code, does not apply to a procedure that is related to a revocation or modification of governance under this subchapter.

(c) A decision by the commissioner to revoke a charter is subject to review by the State Office of Administrative Hearings. Notwithstanding Chapter 2001, Government Code:

(1) the administrative law judge shall uphold a decision by the commissioner to revoke a charter unless the judge finds the decision is arbitrary and capricious or clearly erroneous; and

(2) a decision of the administrative law judge under this subsection is final and may not be appealed.

(d) If the commissioner revokes the charter of an open-enrollment charter school, the commissioner may:

(1) manage the school until alternative arrangements are made for the school's students; and

(2) assign operation of one or more campuses formerly operated by the charter holder who held the revoked charter to a different charter holder who consents to the assignment.

Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 12, eff. Sept. 1, 2001.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 1140 (S.B. 2), Sec. 26, eff. September 1, 2013.

Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 3(b), eff. June 19, 2015.

Acts 2015, 84th Leg., R.S., Ch. 1046 (H.B. 1842), Sec. 3(c), eff. June 19, 2015.

Notes of Decisions

Cited in 7 cases, 2014–2020 · leading case: Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016).

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Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016). · cites it 4× “See Tex. Educ.Code §§ 12.116 (providing that SOAH uphold Commissioner's revocation decision unless it is "arbitrary and capricious or clearly erroneous”), 39.”

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). · cites it 2× “Tex. Educ. Code § 12.116(a) -(a-1). The process has become more transparent since the revocation of AYW's charter.”

in Re Texas Educ. Agency & Michael L. Williams, Comm'r Of Educ. for the State of Texas, 441 S.W.3d 747 (Tex. App. 2014). · cites it 2× “ducation Code’s explicit provision for no judicial review of a decision by SOAH on a charter-school revocation; 3 (2) there is no vested right or protected property interest in the operation of a charter school; and (B) the charter schools could not have plead their rule…”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch., 499 S.W.3d 130 (Tex. App. 2016). “See Tex. Educ. Code § 12.116(c) (“A decision by the commissioner to revoke a charter is subject to review by [SOAH].”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015). · cites it 10× “Tex. Educ. Code §12.116 provides that the Commissioner shall adopt an informal procedure for revoking a charter but that the Administrative Procedures Act in Chapter 2001 of the Texas Government Code does not apply to the procedure.”

Alphonso Crutch Life Support Ctr. v. Michael L. Williams, Comm'r of Educ. Holland Timmons, Designee of the Comm'r & the Texas Educ. Agency (Tex. App. 2015). · cites it 4× “See Tex. Educ. Code § 12.116. As support for this claim, Crutch cites Sax v.”

the Texas Educ. Agency Mike Morath, Comm'r of Educ. in His Off. Capacity & Doris Delaney, in Her Off. Capacity v. Houston Indep. Sch. Dist. (Tex. App. 2020). “, Tex. Educ. Code §§ 12.116 (providing for “hearing” when teacher under continuing contract is discharged or suspended without pay), 39A.”

— Tex. Educ. Code § 12.116(a) — 3 cases

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Tex. Educ. Code § 12.116(a) -(a-1). The process has become more transparent since the revocation of AYW's charter.”

Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016). “See Tex. Educ.Code §§ 12.116 (providing that SOAH uphold Commissioner's revocation decision unless it is "arbitrary and capricious or clearly erroneous”), 39.”

the Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Academy of Careers & Tech., Inc. D/B/A Academy of Careers & Tech. Charter Sch. (Tex. App. 2015). “Tex. Educ. Code §12.116 provides that the Commissioner shall adopt an informal procedure for revoking a charter but that the Administrative Procedures Act in Chapter 2001 of the Texas Government Code does not apply to the procedure.”

— Tex. Educ. Code § 12.116(b) — 2 cases

in Re Texas Educ. Agency & Michael L. Williams, Comm'r Of Educ. for the State of Texas, 441 S.W.3d 747 (Tex. App. 2014). “ducation Code’s explicit provision for no judicial review of a decision by SOAH on a charter-school revocation; 3 (2) there is no vested right or protected property interest in the operation of a charter school; and (B) the charter schools could not have plead their rule…”

Alphonso Crutch Life Support Ctr. v. Michael L. Williams, Comm'r of Educ. Holland Timmons, Designee of the Comm'r & the Texas Educ. Agency (Tex. App. 2015). “See Tex. Educ. Code § 12.116. As support for this claim, Crutch cites Sax v.”

— Tex. Educ. Code § 12.116(c) — 4 cases

Texas Educ. Agency & Mike Morath, Comm'r of Educ., in His Off. Capacity v. Am. Youthworks, Inc., D/B/A Am. Youthworks Charter Sch. Honors Academy, Inc., D/B/A Honors Academy & Azleway Inc., D/B/A Azleway Charter Sch., 496 S.W.3d 244 (Tex. App. 2016). “See Tex. Educ.Code §§ 12.116 (providing that SOAH uphold Commissioner's revocation decision unless it is "arbitrary and capricious or clearly erroneous”), 39.”

— Tex. Educ. Code § 12.116(c)(2) — 3 cases

Honors Acad., Inc. v. Tex. Educ. Agency, 555 S.W.3d 54 (Tex. 2018). “Tex. Educ. Code § 12.116(a) -(a-1). The process has become more transparent since the revocation of AYW's charter.”

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