83R1202 CAS-F
By: Patrick H.B. No. 645
A BILL TO BE ENTITLED
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 school district
campus that:
(1) has been assigned an unacceptable performance
rating as provided by Subchapter C, Chapter 39, for two consecutive
school years; and
(2) is located in a county that:
(A) has a population of one million or more; or
(B) is contiguous to a county that has a
population of one million or more.
(b) Notwithstanding Section 12.052, in accordance with this
subchapter, the board of trustees of a school district may, with the
approval of the commissioner, grant a charter for a campus to an
entity that is a charter holder under Subchapter D or E and is
eligible under Subsection (c), 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) An entity that holds a charter under Subchapter D or E is
eligible under this section to be granted a charter for a campus if:
(1) the charter holder:
(A) is evaluated for purposes of Chapter 39 under
the agency's standard accountability procedures;
(B) has an accreditation status of accredited
under Subchapter C, Chapter 39; and
(C) has been assigned an acceptable performance
rating as provided by Subchapter C, Chapter 39, for each of the
preceding three 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 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; and
(4) at least 25 percent of students enrolled in
charter schools operating under the charter achieved the highest
level of performance on reading and mathematics assessment
instruments under Chapter 39 during the preceding two school years.
(c-1) This subsection expires January 1, 2015. For purposes
of Subsection (c):
(1) a charter holder or charter school rated as
academically acceptable or higher under Subchapter D or E, Chapter
39, as that subchapter existed January 1, 2009, for the 2010-2011
school year is considered to have been assigned an acceptable
performance rating for the 2010-2011 school year; and
(2) a charter school rated as academically
unacceptable under Subchapter D or E, Chapter 39, as that
subchapter existed January 1, 2009, for the 2010-2011 school year
is considered to have been assigned an unacceptable performance
rating for the 2010-2011 school year.
(d) The board of trustees of a school district that is
presented with a petition described by Subsection (b) shall appoint
an interview committee composed of district teachers, including
teachers at the campus for which the petition is submitted, other
district personnel, campus parents, and local business and
community members to advise and make recommendations to the board
concerning granting a charter under this section.
(e) In addition to satisfying requirements under Section
12.059, a charter granted under this section must describe the
respective responsibilities of the school district granting the
charter and charter holder concerning funding, operation and
maintenance of facilities, transportation, personnel,
instructional materials, and other matters as determined by the
board of trustees of the district and the charter holder. A charter
under this section must be for a term of at least three years.
(f) The commissioner may not approve more than five charters
under this section.
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 may 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, subject to Subsection
(e-1) or (e-2), 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 2013-2014
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, 2013.