82R1751 CAS-D
By: Harless H.B. No. 936
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 Subsections (b-1) and (b-2) to
read as follows:
(b) The State Board of Education, after thoroughly
investigating and evaluating an applicant, may grant a charter for
an open-enrollment charter school only to an applicant that meets
any financial, governing, curriculum development and
implementation, and operational standards adopted by the
commissioner under this subchapter. The State Board of Education
may not grant [a total of] more than 10 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 satisfies generally accepted
accounting standards of fiscal management;
(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. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1011 to read as follows:
Sec. 12.1011. AUTHORIZATION FOR GRANT OF CHARTERS FOR
SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES. (a) The
State Board of Education may grant under Section 12.101 a charter on
the application of an eligible entity for an open-enrollment
charter school intended primarily to serve students with
disabilities, including students with autism. A charter granted
under this section is not considered for purposes of the limit on
the number of open-enrollment charter schools imposed by Section
12.101(b).
(b) For purposes of the applicability of state and federal
law, including a law prescribing requirements concerning students
with disabilities, an open-enrollment charter school described by
Subsection (a) is considered the same as any other school for which
a charter is granted under Section 12.101.
(c) To the fullest extent permitted under federal law, a
parent of a student with a disability may choose to enroll the
parent's child in an open-enrollment charter school described by
Subsection (a) regardless of whether a disproportionate number of
the school's students are students with disabilities.
(d) This section does not authorize an open-enrollment
charter school to discriminate in admissions or in the services
provided based on the presence, absence, or nature of an
applicant's or student's disability.
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) accelerated instruction under Section
28.0211;
(E) high school graduation requirements 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, E, and J, 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) In computing dropout and completion rates for an
open-enrollment charter school, the commissioner may:
(1) exclude students who are ordered by a court to
attend a high school equivalency certificate program but who have
not yet earned a high school equivalency certificate; and
(2) exclude students who were previously reported to
the state as dropouts.
SECTION 4. 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 5. Section 12.111(a), Education Code, is amended to
read as follows:
(a) Each charter granted under this subchapter must:
(1) describe the educational program to be offered,
which must include the required curriculum as provided by Section
28.002;
(2) specify the period for which the charter or,
consistent with Section 12.116(b-1), any charter renewal is valid;
(3) provide that continuation or renewal of the
charter is contingent on the status of the charter as provided by
Section 12.116(b-1) [acceptable student performance on assessment
instruments adopted under Subchapter B, Chapter 39, and on
compliance with any accountability provision specified by the
charter, by a deadline or at intervals specified by the charter];
(4) [establish the level of student performance that
is considered acceptable for purposes of Subdivision (3);
[(5)] specify any basis, in addition to a basis
specified by this subchapter, on which the charter may be placed on
probation or revoked [or on which renewal of the charter may be
denied];
(5) [(6)] prohibit discrimination in admission policy
on the basis of sex, national origin, ethnicity, religion,
disability, academic, artistic, or athletic ability, or the
district the child would otherwise attend in accordance with this
code, although the charter may:
(A) provide for the exclusion of a student who
has a documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
37; and
(B) provide for an admission policy that requires
a student to demonstrate artistic ability if the school specializes
in performing arts;
(6) [(7)] specify the grade levels to be offered;
(7) [(8)] describe the governing structure of the
program, including:
(A) the officer positions designated;
(B) the manner in which officers are selected and
removed from office;
(C) the manner in which members of the governing
body of the school are selected and removed from office;
(D) the manner in which vacancies on that
governing body are filled;
(E) the term for which members of that governing
body serve; and
(F) whether the terms are to be staggered;
(8) [(9)] specify the powers or duties of the
governing body of the school that the governing body may delegate to
an officer;
(9) [(10)] specify the manner in which the school will
distribute to parents information related to the qualifications of
each professional employee of the program, including any
professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held
by each employee, and any relevant experience of each employee;
(10) [(11)] describe the process by which the person
providing the program will adopt an annual budget;
(11) [(12)] describe the manner in which an annual
audit of the financial and programmatic operations of the program
is to be conducted, including the manner in which the person
providing the program will provide information necessary for the
school district in which the program is located to participate, as
required by this code or by State Board of Education rule, in the
Public Education Information Management System (PEIMS);
(12) [(13)] describe the facilities to be used;
(13) [(14)] describe the geographical area served by
the program; and
(14) [(15)] specify any type of enrollment criteria to
be used.
SECTION 6. Section 12.115, Education Code, is amended to
read as follows:
Sec. 12.115. BASIS FOR MODIFICATION, PLACEMENT ON
PROBATION, OR REVOCATION[, OR DENIAL OF RENEWAL]. (a) The
commissioner may modify, place on probation, or revoke[, or deny
renewal of] the charter of an open-enrollment charter school if the
commissioner determines that the charter holder:
(1) committed a material violation of the charter,
including failure to satisfy accountability provisions prescribed
by the charter;
(2) failed to satisfy generally accepted accounting
standards of fiscal management;
(3) failed to protect the health, safety, or welfare
of the students enrolled at the school; or
(4) failed to comply with this subchapter or another
applicable law or rule.
(b) The action the commissioner takes under Subsection (a)
shall be based on:
(1) the best interest of the school's students;
(2) [,] the severity of the violation[,] and any
previous violation the school has committed; and
(3) the accreditation status of the school under
Subchapter C, Chapter 39.
SECTION 7. Section 12.116, Education Code, is amended by
adding Subsections (a-1) and (b-1) and amending Subsection (b) to
read as follows:
(a-1) The commissioner shall revoke the charter of an
open-enrollment charter school in accordance with the procedure
adopted under Subsection (a) if, after all information required for
determining a performance rating has been considered, the
commissioner determines that the school is insolvent as a result of
recovery of overallocated state funds under Section 42.258(a).
(b) The commissioner shall revoke the charter of an
open-enrollment charter school without a hearing if each campus
operated under the school's charter has been ordered closed under
Section 39.107 [procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the charter holder and to parents
and guardians of students in the school. A hearing under this
subsection must be held at the facility at which the program is
operated].
(b-1) The procedure adopted under Subsection (a) for
denying renewal of the charter of an open-enrollment charter school
must provide that the charter automatically renews unless the
school's charter is revoked under Subchapter E, Chapter 39, before
the expiration of a charter term. The term for which a charter is
renewed shall not be less than 10 years.
SECTION 8. Section 12.118(a), Education Code, is amended to
read as follows:
(a) The commissioner shall designate an impartial
organization with experience in evaluating school choice programs
to conduct, under the supervision of the commissioner, an annual
evaluation of open-enrollment charter schools.
SECTION 9. Section 12.119(c), Education Code, is amended to
read as follows:
(c) On request, the State Board of Education shall provide
the information required by this section and Section 12.111(a)(7)
[12.111(8)] to a member of the public. The board may charge a
reasonable fee to cover the board's cost in providing the
information.
SECTION 10. Section 12.113(b), Education Code, is repealed.
SECTION 11. This Act applies beginning with the 2011-2012
school year.
SECTION 12. 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.