This page explains how charter schools, Districts of Innovation (DOIs), and SB 1882 partnerships differ from traditional Texas public schools and how those differences may affect educator rights, contracts, planning time, certification requirements, and employment protections.
Texas has several types of public schools that operate under different legal frameworks. Traditional school districts, Districts of Innovation (DOIs), open-enrollment charter schools, and schools operated through certain district-charter partnerships may all be part of the public education system, but the laws governing educators can differ significantly.
These differences can affect matters such as teacher certification, employment contracts, planning time, duty-free lunch, class-size requirements, appraisal systems, and other employment rights. Educators considering a position at a charter school, DOI, or partnership campus should understand which laws apply to their particular employer and, when applicable, review the district's innovation plan or other governing documents.
What is a District of Innovation, and why does DOI status matter to teachers?
Texas law allows eligible public school districts to become Districts of Innovation (DOI). A DOI can adopt a local innovation plan that exempts the district from certain provisions of the Texas Education Code when those exemptions are authorized by law. The purpose is to give districts additional flexibility to address local needs.
A DOI is still a public school district. Becoming a DOI does not automatically eliminate teacher rights or exempt the district from the Texas Education Code generally. Instead, the effect of DOI status depends on the specific exemptions contained in the district's current local innovation plan and on the provisions of law that may be exempted.
For educators, this can be important because a DOI may be able to exempt itself from certain provisions that otherwise apply to traditional school districts. Depending on the district's plan, these may include provisions concerning matters such as:
- Teacher certification requirements
- Probationary contracts
- Teacher appraisal systems
- Class-size requirements
- The school calendar and school start date
However, the Legislature has increasingly limited the provisions that a DOI may exempt. For example, legislation enacted in 2025 prohibited DOI exemptions involving the employment of uncertified classroom teachers under new Texas Education Code §21.0032 and parental notification requirements under §21.057. Other 2025 legislation prohibited exemptions from all of Chapter 37, which governs student discipline, and from certain other requirements. These changes apply to existing as well as newly adopted innovation plans.
As a result, educators should not assume that an older DOI plan accurately describes the law that applies today.
When considering employment with a DOI, educators should make an effort to review the DOI plan to determine what rights may be affected.
TEA does not approve local innovation plans. Districts are responsible for ensuring that their plans comply with current law.
How is an open-enrollment charter school different from a traditional public school district?
An open-enrollment charter school is a public school, but it operates under a different legal framework from a traditional school district. Texas law provides that an open-enrollment charter school is subject to the Texas Education Code and rules adopted under the code only to the extent that the particular provision specifically applies to charter schools.
This means that many provisions of the Education Code that apply to traditional school districts do not automatically apply to open-enrollment charter schools.
Charter schools nevertheless remain subject to numerous state and federal requirements. For example, Texas law specifically makes charter schools subject to requirements involving areas such as special education, certain educator misconduct and criminal-history requirements, public-school accountability, and other specified requirements.
For teachers, one of the most important differences is that many of the employment protections found in Chapter 21 of the Education Code apply differently to charter schools than they do to traditional school districts.
For example, traditional school districts generally must employ classroom teachers under probationary, continuing, or term contracts as provided by Texas Education Code §21.002. However, many charter schools do not issue contracts or they may use at-will employment agreements instead.
Likewise, laws concerning planning periods, duty-free lunch, and class size do not apply to charter-schools. The particular charter, applicable law, and the educator's employment agreement or policies should be reviewed to determine what rights apply.
Charter-school employees also remain protected by generally applicable federal and state employment laws, including laws prohibiting unlawful discrimination and, when the statutory requirements are met, the Family and Medical Leave Act.
Before accepting a position at a charter school, educators should review the employment agreement and applicable employee policies carefully. Do not assume that a provision of the Texas Education Code protecting teachers in traditional school districts necessarily applies to a charter-school employee.
What is an SB 1882 Partnership?
Texas Education Code §11.174, enacted through Senate Bill 1882 in 2017, permits a school district to contract with an operating partner to operate a district campus. The operating partner may be an open-enrollment charter school or, under certain circumstances, another eligible entity operating under a district-authorized charter. These arrangements are sometimes referred to as SB 1882 partnerships.
The operating partner is given substantial authority over the operation of the campus. State law and TEA rules require the partnership arrangement to give the operating partner significant staffing and operational authority, including authority concerning the hiring, supervision, management, assignment, evaluation, and continuation of employment of the partner's own employees. The operating partner also has significant authority concerning the assignment of district employees to the campus.
This can create an unusual employment situation for educators because the person working at the partnership campus may remain an employee of the school district while working in a school that is operated, in substantial part, by another entity.
The partnership agreement is therefore particularly important. A partnership does not automatically erase an educator's existing contractual rights. Texas Education Code §11.174 specifically provides that rights and protections afforded by a current employment contract or agreement may not be affected by the contract between the district and the operating partner.
At the same time, the operating partner may have substantial authority over the educator's assignment and the operation of the campus. Because partnership arrangements can vary, educators should not assume that being assigned to a partnership campus has the same legal consequences as being employed directly by a charter school.
What should teachers ask before accepting a position?
When considering employment with a charter school, DOI, or partnership campus, educators should attempt to review applicable policies and ask questions relating to important educator rights. The answers can make a significant difference in an educator's legal rights and working conditions.
The bottom line
Texas public schools do not all operate under the same legal rules. A teacher working for a traditional school district, a District of Innovation, an open-enrollment charter school, or at an SB 1882 partnership campus may have different statutory and contractual rights.
Educators should determine who their legal employer is, review the applicable contract and policies, and—when working for a DOI—review the district's current innovation plan. Do not assume that a right provided to teachers in a traditional public school district automatically applies in another public-school setting.
Published/reviewed: Aug. 27, 2026