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Charter Schools - Employees FAQ

This page contains frequently asked questions regarding charter-related employee issues.

1. Are the teachers at open-enrollment charter schools required to be certified by the State of Texas?

2. Is a charter school required to employ a school nurse?

3. Are charter school nurses required to be a licensed nurse?

4. What are the minimum qualifications to become a principal or a superintendent of a charter school?

5. Must charter schools provide a minimum teacher planning period like traditional public schools do under TEC §21.404?

6. Must teachers and other professional employees at open-enrollment charter schools receive written employment contracts?

7. May a charter school employ a person with a criminal history?

8. Are open-enrollment charter schools required to pay teachers and other professional employees according to the minimum salary schedules set out in the Texas Education Code?

9. What course of action can an employee pursue if he or she is not being paid by a charter school?

10. Are charter schools required to keep teacher service records on file?

11. Does the Fair Labor Standards Act apply to charter schools?

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1. Are the teachers at open-enrollment charter schools required to be certified by the State of Texas?
   It depends. State law does not require a teacher employed by an open-enrollment charter school to be certified unless the teacher is assigned to teach special education or bilingual education/English as a second language (ESL), in which case the appropriate state certification is required. The minimum qualification under state law for a teacher at an open-enrollment charter school, other than a special education or bilingual education/ESL teacher, is a high school diploma. However, the governing body of a charter holder may set the qualifications for teachers at a standard above what state law requires. For instance, many charter holders require that teachers have college degrees. Furthermore, the No Child Left Behind (NCLB) Act requires open-enrollment charter schools that receive certain federal funds to employ core subject area teachers who are “highly qualified.” The Act requires teachers to have a bachelor’s degree and to demonstrate competency in each core subject area that they teach. Please visit the NCLB requirements for more information.
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2. Is a charter school required to employ a full time school nurse?
   No. Charter schools are not required to employ a school nurse. If one is employed, however, that person is not required to be a full time employee or to be full time at any one location.
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3. Are charter school nurses required to be a licensed nurse?
   Because an LVN is not allowed to work without supervision, if a charter school wanted to hire one person as a nurse, that the person would have to be an RN.
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4. What are the minimum qualifications to become a principal or a superintendent of a charter school?
   There are no minimum qualifications to become a principal or a superintendent at an open-enrollment charter school mentioned in rule or law. Each charter holder is responsible for describing personnel qualifications in the charter.
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5. Must charter schools provide a minimum teacher planning period like traditional public schools do under TEC §21.404?
   Because Texas Education Code (TEC) §21.404 does not apply to charters, this is a local issue. A charter school does not have to provide a minimum teacher planning period unless it is stipulated in the charter.
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6. Must teachers and other professional employees at open-enrollment charter schools receive written employment contracts?
   No. State law does not require that open-enrollment charter schools enter into written employment contracts with professional employees. The decision regarding whether or not to have written employment contracts rests with the governing body of the charter holder.
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7. May a charter school employ a person with a criminal history?
   TEC §12.120 states, “A person may not serve as a member of the governing body of a charter holder, as a member of the governing body of an open enrollment charter school, or as an officer or employee of an open enrollment charter school if the person: (1) has been convicted of a felony or a misdemeanor involving moral turpitude; (2) has been convicted of an offense listed in Section 37.007(a); (3) has been convicted of an offense listed in Article
   62.001(5), Code of Criminal Procedure; or (4) has a substantial interest in a management
   company.” Charter schools must check the criminal history (through the Texas Department of Public Safety) of each person who intends to serve as an employee in any capacity, a member of the governing body of the charter holder, a member of the governing body of the charter school, and any person who files, in writing, an intention to serve as a volunteer. See 19 Texas Administrative Code (TAC) §100.1151.
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8. Are open-enrollment charter schools required to pay teachers and other professional employees according to the minimum salary schedules set out in the Texas Education Code?
   No. Open-enrollment charter schools are not required to comply with the salary provisions in TEC. They may set their own salaries for professional employees.
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9. What course of action can an employee pursue if he or she is not being paid by a charter school?
   To file a wage claim, please contact the Texas Workforce Commission (TWC) at (800) 832-9243. 
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10. Are charter schools required to keep teacher service records on file?
    Yes. The service record shall be kept on file at the charter school or the charter district office. When employment with the charter school is terminated, the original service record, signed by the employee, shall be given to the employee upon request or sent to the next employing school district or charter school. The charter school must maintain a legible copy for audit purposes. See 19 TAC §153.1021(d)(5).
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11. Does the Fair Labor Standards Act apply to charter schools?
    Yes. For more information regarding the Act, please visit The U.S. Department of Labor.
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Back to Main Charter FAQ Page

 

*The information in this document is intended to provide nonregulatory guidance relating to charter schools and should not be construed as TEA rules. 

Page last modified on 2/7/2012 02:24:28 PM.