Texas 2009 - 81st Regular

Texas House Bill HB3703 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6113 CAS-D
2	2	By: Jackson H.B. No. 3703
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment, operation, and funding of
8	8	open-enrollment charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.101, Education Code, is amended by
11	11	amending Subsection (b) and adding Subsection (b-1) to read as
12	12	follows:
13	13	(b) The State Board of Education may grant a charter for an
14	14	open-enrollment charter school only to an applicant that meets any
15	15	financial, governing, and operational standards adopted by the
16	16	commissioner under this subchapter. [The State Board of Education
17	17	may not grant a total of more than 215 charters for an
18	18	open-enrollment charter school.]
19	19	(b-1) A charter holder may establish one or more new
20	20	open-enrollment charter school campuses under a charter without
21	21	applying for authorization from the State Board of Education if:
22	22	(1) 75 percent or more of the open-enrollment charter
23	23	school campuses operating under the charter are rated as
24	24	academically acceptable or higher under Subchapter D, Chapter 39;
25	25	(2) either no campus operating under the charter has
26	26	been rated as academically unacceptable for any two of the three
27	27	preceding school years or such a campus has been closed; and
28	28	(3) the charter holder provides written notice, in the
29	29	time, manner, and form provided by commissioner rule, to the State
30	30	Board of Education and the commissioner of the establishment of any
31	31	campus under this subsection.
32	32	SECTION 2. Section 12.1012, Education Code, is amended by
33	33	adding Subdivision (7) to read as follows:
34	34	(7) "Open-enrollment charter school" means a public
35	35	school district operating under a charter granted under this
36	36	subchapter to a charter holder.
37	37	SECTION 3. Section 12.104, Education Code, is amended by
38	38	amending Subsection (b) and adding Subsection (e) to read as
39	39	follows:
40	40	(b) An open-enrollment charter school is subject to:
41	41	(1) a provision of this title establishing a criminal
42	42	offense; and
43	43	(2) a prohibition, restriction, or requirement, as
44	44	applicable, imposed by this title or a rule adopted under this
45	45	title, relating to:
46	46	(A) the Public Education Information Management
47	47	System (PEIMS) to the extent necessary to monitor compliance with
48	48	this subchapter as determined by the commissioner;
49	49	(B) criminal history records under Subchapter C,
50	50	Chapter 22;
51	51	(C) reading instruments and accelerated reading
52	52	instruction programs under Section 28.006;
53	53	(D) satisfactory performance on assessment
54	54	instruments and to accelerated instruction under Section 28.0211;
55	55	(E) high school graduation under Section 28.025;
56	56	(F) special education programs under Subchapter
57	57	A, Chapter 29;
58	58	(G) bilingual education under Subchapter B,
59	59	Chapter 29;
60	60	(H) prekindergarten programs under Subchapter E,
61	61	Chapter 29;
62	62	(I) extracurricular activities under Section
63	63	33.081;
64	64	(J) discipline management practices or behavior
65	65	management techniques under Section 37.0021;
66	66	(K) health and safety under Chapter 38;
67	67	(L) public school accountability under
68	68	Subchapters B, C, D, and G, Chapter 39, except as provided by
69	69	Subsection (e);
70	70	(M) the requirement under Section 21.006 to
71	71	report an educator's misconduct; and
72	72	(N) intensive programs of instruction under
73	73	Section 28.0213.
74	74	(e) A student may be included in computing the dropout or
75	75	completion rate of an open-enrollment charter school for purposes
76	76	of Chapter 39 only after the student has attended the school for 85
77	77	or more school days.
78	78	SECTION 4. Subchapter D, Chapter 12, Education Code, is
79	79	amended by adding Section 12.1062 to read as follows:
80	80	Sec. 12.1062. ADDITIONAL FUNDING FOR ACADEMICALLY
81	81	ACCEPTABLE SCHOOLS. (a) For each school year that an
82	82	open-enrollment charter school is rated academically acceptable
83	83	under Subchapter D, Chapter 39, to the extent that money is
84	84	available that may be used for the purpose, the open-enrollment
85	85	charter school is entitled to funding under this section.
86	86	(b) Based on the amount of money that is available that may
87	87	be used for the purpose, the commissioner shall establish the
88	88	amount of funds that an open-enrollment charter school will be
89	89	provided under this section, except that the amount:
90	90	(1) may not exceed $1,000 per student in enrollment;
91	91	and
92	92	(2) to the extent money is available, must be at least
93	93	$500 per student in enrollment.
94	94	(c) If there is not sufficient money available to pay $500
95	95	per student to each open-enrollment charter school described by
96	96	Subsection (a), the amount awarded per student for all
97	97	open-enrollment charter schools described by Subsection (a) shall
98	98	be reduced by the same amount.
99	99	(d) Funds awarded under this section may be used only for
100	100	open-enrollment charter school operations and facilities.
101	101	(e) The commissioner shall adopt rules as necessary to
102	102	administer this section, including rules to ensure that money
103	103	awarded is used only for a purpose authorized by Subsection (d).
104	104	(f) Section 12.107 applies to funds awarded under this
105	105	section.
106	106	SECTION 5. Section 12.1101, Education Code, is amended to
107	107	read as follows:
108	108	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION. The
109	109	commissioner by rule shall adopt a procedure for providing notice
110	110	to the following persons on receipt by the State Board of Education
111	111	of an application for a charter for an open-enrollment charter
112	112	school under Section 12.110 or on receipt by the board and the
113	113	commissioner of notice of the establishment of a campus as
114	114	authorized under Section 12.101(b-1):
115	115	(1) the board of trustees of each school district from
116	116	which the proposed open-enrollment charter school or campus is
117	117	likely to draw students, as determined by the commissioner; and
118	118	(2) each member of the legislature that represents the
119	119	geographic area to be served by the proposed school or campus, as
120	120	determined by the commissioner.
121	121	SECTION 6. Subchapter D, Chapter 12, Education Code, is
122	122	amended by adding Sections 12.134 and 12.135 to read as follows:
123	123	Sec. 12.134. COLOCATION AGREEMENT BETWEEN SCHOOL DISTRICT
124	124	AND OPEN-ENROLLMENT CHARTER SCHOOL. (a) This section applies to a
125	125	school district that:
126	126	(1) leases a district facility for the operation of an
127	127	open-enrollment charter school to be colocated on a district
128	128	campus; and
129	129	(2) enters into an agreement with the charter school
130	130	as provided by Subsection (d).
131	131	(b) The board of trustees of a school district may elect to
132	132	have data regarding the academic performance of students enrolled
133	133	in the open-enrollment charter school combined with comparable data
134	134	of the colocated district campus in determining the performance of
135	135	the campus and the district.
136	136	(c) The board of trustees of a school district that elects
137	137	under Subsection (b) to have academic data combined shall annually
138	138	file with the agency a copy of the lease and agreement described by
139	139	Subsection (a).
140	140	(d) The agreement between the school district and the
141	141	open-enrollment charter school:
142	142	(1) shall establish terms for sharing instructional or
143	143	other specified resources, such as professional development;
144	144	(2) shall for each year specify factors for
145	145	identifying a student who will be served by the charter school in
146	146	the leased facilities, which may include:
147	147	(A) the student's attendance at a specified
148	148	district campus or campuses;
149	149	(B) the student's need for specific academic
150	150	services;
151	151	(C) the student's academic performance in
152	152	previous school years; or
153	153	(D) other objective factors determined by the
154	154	district and the charter school; and
155	155	(3) may prohibit the charter school from enrolling
156	156	students at the leased facilities other than those identified under
157	157	factors designated in the agreement.
158	158	Sec. 12.135. EDUCATIONAL SERVICES AGREEMENT BETWEEN SCHOOL
159	159	DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL. (a) Notwithstanding
160	160	Chapter 41 or 42, and in addition to any other funds to which a
161	161	school district may be entitled, if the board of trustees of the
162	162	district enters into an agreement under this section with an
163	163	open-enrollment charter school for the charter school to provide
164	164	educational services to a student enrolled in school in the
165	165	district, the district is entitled to receive the greater of the
166	166	following amounts:
167	167	(1) the amount the charter school would receive under
168	168	Section 12.106 if the student were enrolled in the charter school;
169	169	or
170	170	(2) the amount to which the district is entitled under
171	171	Chapters 41 and 42 for the student.
172	172	(b) The board of trustees of a school district that enters
173	173	into an agreement described by Subsection (a) with an
174	174	open-enrollment charter school may elect to have the state and
175	175	federal funds attributable to the students educated by the charter
176	176	school paid directly to the charter school. A school district that
177	177	makes such an election must make an annual declaration of the
178	178	election to the agency in a manner determined by the commissioner.
179	179	The district remains responsible for any overallocation or audit
180	180	recovery of state or federal funds as determined by the
181	181	commissioner.
182	182	SECTION 7. This Act applies beginning with the 2009-2010
183	183	school year.
184	184	SECTION 8. This Act takes effect immediately if it receives
185	185	a vote of two-thirds of all the members elected to each house, as
186	186	provided by Section 39, Article III, Texas Constitution. If this
187	187	Act does not receive the vote necessary for immediate effect, this
188	188	Act takes effect September 1, 2009.