82R4529 CAS-F
By: Hancock H.B. No. 1369
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of open-enrollment charter schools
and of new campuses of existing 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 Subsections (b-1) and (b-2) 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 20 new [215] charters for an
open-enrollment charter school each state fiscal year.
(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) 90 percent or more of the open-enrollment charter
school campuses operating under the charter have been assigned an
acceptable performance rating as provided by Subchapter C, Chapter
39, for the two preceding school years;
(2) either no campus operating under the charter has
been assigned an unacceptable performance rating as provided by
Subchapter C, Chapter 39, for any two of the three preceding school
years or such a campus has been closed;
(3) the charter holder has been assigned a financial
accountability rating under Subchapter D, Chapter 39, indicating
financial performance that is satisfactory or better;
(4) 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; and
(5) not later than the 90th day after the date the
charter holder provides written notice under Subdivision (4), the
commissioner does not provide written notice to the charter holder
disapproving a new campus under this section.
(b-2) This subsection expires January 1, 2015. For purposes
of Subsection (b-1):
(1) an open-enrollment charter school campus rated as
academically acceptable or higher under Subchapter D, Chapter 39,
as that subchapter existed January 1, 2009, for the 2009-2010 or
2010-2011 school year is considered to have been assigned an
acceptable performance rating for the applicable school year; and
(2) an open-enrollment charter school campus rated as
academically unacceptable under Subchapter D, Chapter 39, as that
subchapter existed January 1, 2009, for the 2008-2009, 2009-2010,
or 2010-2011 school year is considered to have been assigned an
unacceptable performance rating for the applicable school year.
SECTION 2. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
ESTABLISHMENT OF CAMPUS. 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 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. 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, 2011.