Texas 2011 - 82nd Regular

Texas Senate Bill SB1872 Compare Versions

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1	1	By: Van de Putte, et al. S.B. No. 1872
2	2	(Shelton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to revising, revoking, or denying renewal of charters of
8	8	open-enrollment charter schools under certain circumstances.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter D, Chapter 12, Education Code, is
11	11	amended by adding Section 12.1141 to read as follows:
12	12	Sec. 12.1141. REVISION: ADDING SCHOOLS UNDER CERTAIN
13	13	CIRCUMSTANCES. (a) Except as provided by Subsection (b), the
14	14	commissioner may not deny approval for a charter holder to add one
15	15	or more additional open-enrollment charter schools under an
16	16	existing open-enrollment charter granted to the charter holder if:
17	17	(1) considering available data, the charter holder
18	18	meets all criteria established by rule for adding a charter school
19	19	under an existing charter other than criteria for performance based
20	20	on dropout and completion rates of one or more existing charter
21	21	schools under the charter and the charter holder demonstrates
22	22	through a process developed by the agency that those criteria would
23	23	be met if:
24	24	(A) a student enrolled at the charter school who
25	25	is at least 17 years of age at the time of enrollment were not
26	26	considered a dropout; and
27	27	(B) a student who graduates from the charter
28	28	school before or during the student's sixth year of high school were
29	29	considered a high school graduate;
30	30	(2) the charter holder, at the time of submission of
31	31	the application for approval to add one or more additional charter
32	32	schools, has been assigned a financial accountability rating under
33	33	Subchapter D, Chapter 39, indicating financial performance that is
34	34	satisfactory or better; and
35	35	(3) each additional charter school:
36	36	(A) will serve only high school students;
37	37	(B) will have an enrollment of students of whom
38	38	at least 50 percent did not graduate with a ninth grade cohort; and
39	39	(C) will be in the geographical area described
40	40	for the charter under Section 12.111(a)(14).
41	41	(b) The commissioner may not approve a total of more than 10
42	42	additional charter schools under Subsection (a). The commissioner
43	43	may, in accordance with commissioner rule, limit the enrollment of
44	44	an additional charter school as necessary to conform to the
45	45	capacity limits of the charter holder or the demand for services in
46	46	the geographical area, as determined by the commissioner, but may
47	47	not limit the enrollment of an additional charter school to less
48	48	than the number of students currently enrolled at the high school
49	49	level at a charter school operated by the charter holder that
50	50	focuses on dropout recovery.
51	51	(c) This section expires September 1, 2013.
52	52	SECTION 2. Subchapter D, Chapter 12, Education Code, is
53	53	amended by adding Section 12.1151 to read as follows:
54	54	Sec. 12.1151. LIMITATION ON REVOCATION OR DENIAL OF RENEWAL
55	55	FOR CERTAIN CHARTER SCHOOLS. (a) This section applies only to an
56	56	open-enrollment charter school that has an enrollment of students
57	57	of whom at least 50 percent did not graduate with a ninth grade
58	58	cohort.
59	59	(b) The commissioner may not revoke or deny renewal of the
60	60	charter of an open-enrollment charter school to which this section
61	61	applies if:
62	62	(1) considering available data, the charter holder
63	63	meets all criteria established by rule for adding a charter school
64	64	under an existing charter other than criteria for performance based
65	65	on dropout and completion rates of one or more existing charter
66	66	schools under the charter and the charter holder demonstrates
67	67	through a process developed by the agency that those criteria would
68	68	be met if:
69	69	(A) a student enrolled at the charter school who
70	70	is at least 17 years of age at the time of enrollment were not
71	71	considered a dropout; and
72	72	(B) a student who graduates from the charter
73	73	school before or during the student's sixth year of high school were
74	74	considered a high school graduate; and
75	75	(2) the charter holder, at the time the ratings appeal
76	76	is filed, has been assigned a financial accountability rating under
77	77	Subchapter D, Chapter 39, that indicates financial performance that
78	78	is satisfactory or better.
79	79	(c) This section expires September 1, 2013.
80	80	SECTION 3. This Act takes effect immediately if it receives
81	81	a vote of two-thirds of all the members elected to each house, as
82	82	provided by Section 39, Article III, Texas Constitution. If this
83	83	Act does not receive the vote necessary for immediate effect, this
84	84	Act takes effect September 1, 2011.