Updated Website Posting Requirements

As we have previous noted, any Texas charter school that maintains a website is required by law to make certain information available on that website. Following the enactment of Senate Bill 2 and accompanying rules, there are some new website posting requirements, as well as more severe consequences for failure to comply.

Under the Commissioner of Education’s new rules concerning open-enrollment charter schools (Texas Administrative Code, Title 19, Chapter 100), failure to comply with Texas Education Code, Chapter 12, Subchapter D, or any other applicable law or rule will result in mandatory revocation of an open-enrollment charter school’s charter or mandatory reconstitution of the governing body of the charter holder. 19 Tex. Admin. Code § 100.1021(a)(4). This, of course, includes laws and rules regarding Internet postings.

No charter school wants to face such a sanction for the failure to make the necessary website postings, so I have summarized the requirements below to assist you with compliance with the current laws. Please thoroughly check your website for compliance with the required postings, and continue to update your materials as necessary.

Administrative

1.              All Board meeting notices

In addition to the other place(s) at which a charter school must post notice of its Board meetings, a charter school must concurrently post notice of a Board meeting on its website.

Texas Government Code § 551.056(a), (b)(3)

2.              Board meeting agenda (if the school’s primary geographic service area includes all or part of a municipality with a population of 48,000 or more)

A charter school must also post the Board meeting agenda on its website concurrently if its geographic service area contains all or part of the area within the corporate boundaries of a municipality with a population of 48,000 or more.

Texas Government Code § 551.056(c)(3)

3.              Names of members of the school’s governing body on the home page

A charter school must list the names of the members of the governing body on the home page of the school's website. Each year, the charter holder is required to file with the Texas Education Agency a screenshot of the names of the governing body as listed on the home page of the school’s website (19 Tex. Admin. Code § 100.1007(d)).

Texas Education Code § 12.1211

4.              Completed Conflict Disclosure Statements and Questionnaires

A charter school must provide access on its website to Conflict Disclosure Statements and Conflict of Interest Questionnaires required under chapter 176 of the Local Government Code

Texas Local Government Code § 176.009

5.              Link to any online message board or similar Internet application accessible to the public over which Board members communicate or exchange information about public business or school policy

A charter school Board may have no more than one such online message board or similar Internet application. The link must be prominently displayed on the school home page, and the message board or Internet application must not be more than one click away from the home page.

Texas Government Code § 551.006(b)

Financial

6.              Salary of the school’s superintendent or, as applicable, of the administrator serving as the educational leader and chief executive officer

A charter school must post on its website the salary of the school's superintendent or, as applicable, of the administrator serving as educational leader and chief executive officer. Each year, the charter holder is required to file with the Texas Education Agency a screenshot of the superintendent’s salary (or other applicable officer) from the school’s website (19 Tex. Admin. Code § 100.1007(d)).

Texas Education Code § 12.136; 19 Texas Administrative Code § 100.1050

7.              Budget adopted by board of trustees/directors, with link prominently displayed, until the third anniversary of its adoption

Upon the Board’s final approval of the budget, a charter school must post on the school’s website a copy of the budget adopted by the Board. The charter school’s website must prominently display the electronic link to the adopted budget. The school must maintain the adopted budget on its website until the third anniversary of the date the budget was adopted.

Texas Education Code § 39.084

8.              Annual financial statement prepared under Local Government Code § 140.005

A charter school’s Board must take action to ensure that the school’s financial statement is posted continuously on the school’s website.

Texas Local Government Code § 140.006(c); 19 Texas Administrative Code § 100.1050

9.              Most current annual financial report

Although Chapter 44 of the Texas Education Code does not mandate that a charter school post its annual financial report on its website, the commissioner’s rules state that he may non-renew a charter contract based on a charter school’s failure to post its most current annual financial report on its website.

19 Texas Administrative Code § 100.1032(2)(K) (Texas Education Code § 44.008)

Academic

10.           If assigned a campus intervention team, a School/Targeted Improvement Plan, posted at least 72 hours prior to a hearing pursuant to Education Code § 39.106(e-1)

Texas Education Code § 39.106(e-1)(2); 19 Texas Administrative Code § 97.1063(j)(2)

11.           Notice of an Accredited-Warned or Accredited-Probation status, no later than 30 days after the status is assigned and remaining until the school is assigned the Accredited Status

There must be a link to information about the accreditation status, the implications of such status, and the steps the charter school is taking to address the areas of deficiency identified by the commissioner. The notice shall use the format and language determined by the commissioner, available at: http://www.tea.state.tx.us/accredstatus/ (scroll to “TEA Required Notification Language”).

19 Texas Administrative Code § 97.1055(f)(3)(A)

12.           Texas Academic Performance Report

A charter school must disseminate the Texas Academic Performance Report by posting it on the school’s website (among other places).

            Texas Education Code § 39.306; 19 Texas Administrative Code § 61.1022

Health

13.           Health-related policies

A charter school must post on its website a statement of the polices adopted to ensure that elementary school, middle school, and junior high school students (as applicable) engage in at least the amount and level of physical activity required by Tex. Educ. Code § 28.002(1). Charter schools must also include a statement of: (1) the number of times during the previous year the school health advisory council met; (2) whether the school adopted and enforces policies to ensure schools comply with vending machine and food service guidelines to restrict student access to vending machines; and (3) whether the school adopted and enforces policies and procedures which penalize the use of tobacco products by students and others on school grounds or at school-sponsored or school-related activities.  Additionally, post a statement which provides parents with notice that they may require in writing their child’s physical fitness assessment results at the conclusion of the school year. 

Texas Education Code §§ 28.004(k), 38.0141

14.           Immunization information

A charter school must post on its website a list, in Spanish and English, of the immunizations required for admission to public school; any immunizations or vaccines recommended for public school students by the Department of State Health Services; and all known health clinics in the district that offer the influenza vaccine, to the extent those clinics are known to the school, as well as a link to the Department of State Health Services website regarding claiming an exemption from the immunization requirements.

Texas Education Code § 38.1019(a)

Other Topics

15.           Community and student engagement performance ratings and compliance status

Each charter school is required to evaluate its performance and the performance of each of its campuses, if applicable, in community and student engagement and in compliance as provided by Tex. Educ. Code § 39.0545 and assign the charter school and each campus a performance rating of exemplary, recognized, acceptable, or unacceptable for both overall performance and each individual evaluation factor listed section 39.0545. Not later than August 8 of each year, the charter school shall make the performance ratings publicly available on its website.

Texas Education Code § 39.0545; 19 Texas Administrative Code § 61.1023(h)

16.           Transition and employment guide

A charter school must post to its website the transition and employment guide developed and published by the Texas Education Agency for students enrolled in special education programs and their parents.

Texas Education Code § 29.0112(e)(1)

*NOTE: a charter school may publish the superintendent's employment contract on its website in lieu of publication in the annual financial management report. 19 Texas Administrative Code § 109.1005(b)(2)(A)

UPDATE to Texas Open Meetings Act Videoconferencing for Public Schools

***IMPORTANT UPDATE***

New Laws on Videoconferencing

Under the Texas Open Meetings Act[1]

Does the Open Meetings Act (Act) allow a Charter School or School District to hold a meeting by videoconference call?

Yes, if certain conditions are met. See TEX. GOV’T CODE § 551.127. The special videoconference requirements set out below are in addition to requirements that otherwise apply to meetings under the Act.   If the below requirements are NOT met, a videoconference meeting would violate the Act, there are potential criminal liabilities and actions taken at the meeting are voidable.

What are the procedures that a governmental body must follow to meet by videoconference if a quorum will be in one physical location?

1.     The meeting notice must specify where the quorum of the governmental body will be physically present and the intent to have a quorum present. See TEX. GOV’T CODE § 551.127(d); Senate Bill 984 § 1(e).

2.     The video and audio feed of a remote Board member or employee must be broadcast live at the meeting. See House Bill 2414 § 2 (a-1).

3.     Each portion of the meeting held by videoconference call that is required to be open to the public must be visible and audible to the public at the location where the quorum is present. See TEX. GOV’T CODE § 551.127(f).

4.     The location where the quorum is present, and each remote location from which a member of the governmental body participates, must have two-way audio and video communication with each other location during the entire meeting. Each participant’s face in the videoconference call, while speaking, must be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the location where a quorum is present, and at any other location of the meeting that is open to the public. See Senate Bill § 1(h); House Bill 2414 § 2(h).

5.     The audio and video signals perceptible by members of the public at each location of the meeting must meet or exceed minimum standards established by Texas Department of Information Resources (DIR) rules. See TEX. GOV’T CODE § 551.127(i).

6.     The audio and video signals perceptible by members of the public at the location where the quorum is present and, any other location open to the public, must be of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. See House Bill 2414 § 2(j).

7.     If a problem occurs that causes a meeting to no longer be visible and audible to the public at the location where a quorum is present, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. See Senate Bill 984 § 1(f).

8.     The governmental body must make at least an audio recording of the meeting, and the recording must be made available to the public. See TEX. GOV’T CODE § 551.127(g).

What are the procedures that a governmental body must follow to meet by videoconference if a quorum will not be in one physical location?

1.     The meeting notice must specify the physical space, described in 2, below, and specify the intent to have the presiding officer physically present at the physical space. See TEX. GOV’T CODE § 551.127(d); Senate Bill 984 § 1(e); House Bill 2414 § 2(e).

2.   The governmental body must make available to the public at least one suitable physical space in or within a reasonable distance of the charter school’s geographic territory that is equipped with videoconference equipment that provides an audio and video display, as well as a camera and microphone, by which a member of the public can provide testimony or otherwise participate in the meeting. See Senate Bill 984 § 1(e), House Bill 2414 § 2(c)(1).

3.   The member of the governmental body presiding over the meeting must be present at the physical space described in 2, above, and the location must be open to the public. See Senate Bill 984 § 1(c),(e); House Bill 2414 § 2(c)(2).

4.   Any member of the public present at the physical space described in 2, above, must be provided the opportunity to participate in the meeting by means of a videoconference call in the same manner as a person who is physically present at a meeting of the governmental body that is not conducted by videoconference call. See House Bill 2414 § 2(c)(3).

5.   Each portion of the meeting held by videoconference call that is required to be open to the public must be visible and audible to the public. See Senate Bill 984 § 1(f).

6.   The video and audio feed of a remote board member or employee must broadcast live at the meeting. See House Bill 2414 § 2(a-1).

7.   The physical location described in 2, above, and each remote location from which a member participates, must have two-way audio and video communication with each member who is participating by videoconference call during the entire meeting. Each participant’s face in the videoconference call, while speaking, must be clearly visible and audible to each other participant and, during the open portion of the meeting, to the members of the public in attendance at the physical location described in 2, above, and at any other location of the meeting that may be open to the public. See Senate Bill 984 § 1(h); House Bill 2414 § 2(h).

8.   The audio and video signals perceptible by members of the public at each location of the meeting must meet or exceed minimum standards established by State DIR rules. See TEX. GOV’T CODE § 551.127(i).

9.   The audio and video signals perceptible by members of the public at each location of the meeting that is open to the public, and each remote location, are of sufficient quality so that members of the public at each location can observe the demeanor and hear the voice of each participant in the open portion of the meeting. See House Bill 2414 § 2(j).

10.  If a problem occurs that causes the meeting to no longer be visible and audible to the public at the physical space described in 2, above, the meeting must be recessed until the problem is resolved. If the problem is not resolved in six hours or less, the meeting must be adjourned. See Senate Bill 984 § 1(f).

11.  The governmental body must make at least an audio recording of the meeting, and the recording must be made available to the public. See TEX. GOV’T CODE § 551.127(g).

Are there any size restrictions on charter schools that may utilize videoconferencing for Board meetings?

No. According to the Attorney General, videoconferencing is not limited to charter schools with geographic service areas that extend into three or more counties. Thus, all charter schools may use videoconferencing for their Board meetings, provided they comply with all other requirements.

Do Skype or similar platforms meet the requirements for videoconferencing under the Act?

Under prior law, and the law as recently amended, State DIR is responsible for establishing the minimum standards for the audio and video signals related to videoconferencing. Id. § 551.127(i); 1 TEX. ADMIN. CODE. ch. 209.  Written guidance from DIR regarding which Internet-based communication technologies meet those standards is available at http://www2.dir.state.tx.us.

May a member of the Board participate in a meeting by videoconference from a physical location outside the charter school’s geographic territory, including out of state?

Yes. The Attorney General has clearly stated that so long as the presiding member of the Board is present at a physical location of the meeting open to the public in or within a reasonable distance of the charter school’s geographic territory, other members of the Board may participate in a videoconference call meeting from remote locations outside the geographic service area, including outside of the state. 

If a member of the Board participates in a meeting by videoconference call is the member counted for purposes of a quorum?

Yes. The Act expressly provides that a member of a governmental body who participates remotely in a meeting by means of a videoconference call must be counted present at the meeting for all purposes. TEX. GOV’T CODE § 551.127 (a-2).

May a member of the public testify at a meeting by videoconference call even when the entire Governing Body is physically present at its regular meeting location?

Yes. The Act provides that “[w]ithout regard to whether a member of the governmental body is participating in a meeting from a remote location by videoconference call, a governmental body may allow a member of the public to testify at a meeting from a remote location by videoconference call.” Id. § 551.127(k). The Act does not expressly require any special notice of this type of remote participation by a member of the public.

Is a videoconference call the same thing as a telephone conference call?

No. The Act makes it clear that a videoconference call and a telephone conference call are alternative types of communication. See e.g., id. § 551.129 (authorizing a governmental body to use a telephone conference call, videoconference call, or communications over the Internet to conduct certain consultations).

The Act defines a “videoconference call” to mean “a communication conducted between two or more persons in which one or more of the participants communicate with the other participants through duplex audio and video signals transmitted over a telephone network, a data network, or the Internet.” Id. § 551.001(7). The phrase “telephone conference call” is not defined in the Act, and there appears to be no reported case or opinion addressing its meaning. Nonetheless, one primary difference between a telephone conference and a video conference call is that a telephone conference call involves only audio communication.

When may a Board hold a meeting by telephone conference?

Like most governmental bodies, a School Board may hold a meeting by telephone conference call only if both (1) an emergency or public necessity exists; and (2) the convening at one location of a quorum of the governmental body is difficult or impossible. Id. § 551.125(a); see also Tex. Att’y Gen. Op. Nos. GA-0908 (2012), JC-352 (2001).

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[1] This Handout was borrowed from content released by the Texas Municipal League and other sources including Texas Association of School Boards, Texas Legislative Counsel, but has been customized for charter schools and school districts.