81R6113 CAS-D
By: Jackson H.B. No. 3703
A BILL TO BE ENTITLED
AN ACT
relating to the establishment, operation, and funding of
open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) The State Board of Education may grant a charter for an
open-enrollment charter school only to an applicant that meets any
financial, governing, and operational standards adopted by the
commissioner under this subchapter. [The State Board of Education
may not grant a total of more than 215 charters for an
open-enrollment charter school.]
(b-1) A charter holder may establish one or more new
open-enrollment charter school campuses under a charter without
applying for authorization from the State Board of Education if:
(1) 75 percent or more of the open-enrollment charter
school campuses operating under the charter are rated as
academically acceptable or higher under Subchapter D, Chapter 39;
(2) either no campus operating under the charter has
been rated as academically unacceptable for any two of the three
preceding school years or such a campus has been closed; and
(3) the charter holder provides written notice, in the
time, manner, and form provided by commissioner rule, to the State
Board of Education and the commissioner of the establishment of any
campus under this subsection.
SECTION 2. Section 12.1012, Education Code, is amended by
adding Subdivision (7) to read as follows:
(7) "Open-enrollment charter school" means a public
school district operating under a charter granted under this
subchapter to a charter holder.
SECTION 3. Section 12.104, Education Code, is amended by
amending Subsection (b) and adding Subsection (e) to read as
follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) satisfactory performance on assessment
instruments and to accelerated instruction under Section 28.0211;
(E) high school graduation under Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E,
Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, and G, Chapter 39, except as provided by
Subsection (e);
(M) the requirement under Section 21.006 to
report an educator's misconduct; and
(N) intensive programs of instruction under
Section 28.0213.
(e) A student may be included in computing the dropout or
completion rate of an open-enrollment charter school for purposes
of Chapter 39 only after the student has attended the school for 85
or more school days.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1062 to read as follows:
Sec. 12.1062. ADDITIONAL FUNDING FOR ACADEMICALLY
ACCEPTABLE SCHOOLS. (a) For each school year that an
open-enrollment charter school is rated academically acceptable
under Subchapter D, Chapter 39, to the extent that money is
available that may be used for the purpose, the open-enrollment
charter school is entitled to funding under this section.
(b) Based on the amount of money that is available that may
be used for the purpose, the commissioner shall establish the
amount of funds that an open-enrollment charter school will be
provided under this section, except that the amount:
(1) may not exceed $1,000 per student in enrollment;
and
(2) to the extent money is available, must be at least
$500 per student in enrollment.
(c) If there is not sufficient money available to pay $500
per student to each open-enrollment charter school described by
Subsection (a), the amount awarded per student for all
open-enrollment charter schools described by Subsection (a) shall
be reduced by the same amount.
(d) Funds awarded under this section may be used only for
open-enrollment charter school operations and facilities.
(e) The commissioner shall adopt rules as necessary to
administer this section, including rules to ensure that money
awarded is used only for a purpose authorized by Subsection (d).
(f) Section 12.107 applies to funds awarded under this
section.
SECTION 5. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION. The
commissioner by rule shall adopt a procedure for providing notice
to the following persons on receipt by the State Board of Education
of an application for a charter for an open-enrollment charter
school under Section 12.110 or on receipt by the board and the
commissioner of notice of the establishment of a campus as
authorized under Section 12.101(b-1):
(1) the board of trustees of each school district from
which the proposed open-enrollment charter school or campus is
likely to draw students, as determined by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school or campus, as
determined by the commissioner.
SECTION 6. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.134 and 12.135 to read as follows:
Sec. 12.134. COLOCATION AGREEMENT BETWEEN SCHOOL DISTRICT
AND OPEN-ENROLLMENT CHARTER SCHOOL. (a) This section applies to a
school district that:
(1) leases a district facility for the operation of an
open-enrollment charter school to be colocated on a district
campus; and
(2) enters into an agreement with the charter school
as provided by Subsection (d).
(b) The board of trustees of a school district may elect to
have data regarding the academic performance of students enrolled
in the open-enrollment charter school combined with comparable data
of the colocated district campus in determining the performance of
the campus and the district.
(c) The board of trustees of a school district that elects
under Subsection (b) to have academic data combined shall annually
file with the agency a copy of the lease and agreement described by
Subsection (a).
(d) The agreement between the school district and the
open-enrollment charter school:
(1) shall establish terms for sharing instructional or
other specified resources, such as professional development;
(2) shall for each year specify factors for
identifying a student who will be served by the charter school in
the leased facilities, which may include:
(A) the student's attendance at a specified
district campus or campuses;
(B) the student's need for specific academic
services;
(C) the student's academic performance in
previous school years; or
(D) other objective factors determined by the
district and the charter school; and
(3) may prohibit the charter school from enrolling
students at the leased facilities other than those identified under
factors designated in the agreement.
Sec. 12.135. EDUCATIONAL SERVICES AGREEMENT BETWEEN SCHOOL
DISTRICT AND OPEN-ENROLLMENT CHARTER SCHOOL. (a) Notwithstanding
Chapter 41 or 42, and in addition to any other funds to which a
school district may be entitled, if the board of trustees of the
district enters into an agreement under this section with an
open-enrollment charter school for the charter school to provide
educational services to a student enrolled in school in the
district, the district is entitled to receive the greater of the
following amounts:
(1) the amount the charter school would receive under
Section 12.106 if the student were enrolled in the charter school;
or
(2) the amount to which the district is entitled under
Chapters 41 and 42 for the student.
(b) The board of trustees of a school district that enters
into an agreement described by Subsection (a) with an
open-enrollment charter school may elect to have the state and
federal funds attributable to the students educated by the charter
school paid directly to the charter school. A school district that
makes such an election must make an annual declaration of the
election to the agency in a manner determined by the commissioner.
The district remains responsible for any overallocation or audit
recovery of state or federal funds as determined by the
commissioner.
SECTION 7. This Act applies beginning with the 2009-2010
school year.
SECTION 8. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.