82R8751 CAS-F
By: Patrick H.B. No. 3466
A BILL TO BE ENTITLED
AN ACT
relating to authorization for granting, in response to petitions by
parents, campus charters for certain public school campuses
identified as unacceptable.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 12, Education Code, is
amended by adding Section 12.0522 to read as follows:
Sec. 12.0522. AUTHORIZATION FOR CAMPUS IDENTIFIED AS
UNACCEPTABLE. (a) This section applies only to a campus that for
two consecutive school years has been identified as unacceptable
under Section 39.054.
(b) Notwithstanding Section 12.052, in accordance with this
subchapter, the board of trustees of a school district may grant a
charter for a campus to an eligible charter holder of a charter for
an open-enrollment charter school if the board is presented with a
petition signed by the parents of a majority of the students at the
campus. For purposes of this subsection, the signature of only one
parent of a student is required.
(c) A charter holder is eligible under this section to be
granted a charter for a campus if the charter holder would meet the
eligibility requirements under 19 T.A.C. Section 100.1033(c)(6) to
establish an additional charter school.
SECTION 2. Section 12.057(c), Education Code, is amended to
read as follows:
(c) A campus or program granted a charter under Section
12.052, 12.0521(a)(1), 12.0522, or 12.053 is immune from liability
to the same extent as a school district, and its employees and
volunteers are immune from liability to the same extent as school
district employees and volunteers.
SECTION 3. Section 39.107, Education Code, is amended by
amending Subsections (a), (c), and (e) and adding Subsections (a-2)
and (b-3) to read as follows:
(a) After a campus has been identified as unacceptable for
two consecutive school years, the commissioner shall order the
reconstitution of the campus unless the board of trustees of the
school district in which the campus is located grants a charter for
the campus under Section 12.0522.
(a-2) If a charter is granted for a campus under Section
12.0522, the board of trustees of the school district and
appropriate district administrators shall assist the campus in:
(1) developing an updated targeted improvement plan;
(2) presenting the plan in a public hearing, in the
manner provided by Section 39.106(e-1);
(3) obtaining approval of the updated plan from the
commissioner; and
(4) executing the plan on approval by the
commissioner.
(b-3) Subsections (b), (b-1), and (b-2) do not apply to a
campus granted a charter under Section 12.0522.
(c) A campus that is reconstituted under this section or to
which the board of trustees of a school district grants a charter
under Section 12.0522 [subject to Subsection (a)] shall implement
the updated targeted improvement plan as approved by the
commissioner. The commissioner may appoint a monitor, conservator,
management team, or board of managers to the district to ensure and
oversee district-level support to low-performing campuses and the
implementation of the updated targeted improvement plan. In making
appointments under this subsection, the commissioner shall
consider individuals who have demonstrated success in managing
campuses with student populations similar to the campus at which
the individual appointed will serve.
(e) If a campus is considered to have an unacceptable
performance rating for three consecutive school years after the
campus is reconstituted under Subsection (a) or granted a charter
under Section 12.0522, the commissioner shall order:
(1) repurposing of the campus under this section;
(2) alternative management of the campus under this
section; or
(3) closure of the campus.
SECTION 4. This Act applies beginning with the 2011-2012
school year.
SECTION 5. 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.