By: Patrick S.B. No. 1571
A BILL TO BE ENTITLED
AN ACT
relating to home-rule school district charters and to the
applicability of certain laws and procedures to those districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.013(b), Education Code, is amended to
read as follows:
(b) A home-rule school district is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) a provision of this title relating to limitations
on liability; and
(3) 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) educator certification under Chapter 21 and
educator rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records under Subchapter C,
Chapter 22;
(C) (D) student admissions under Section
25.001;
(D) (E) school attendance under Sections
25.085, 25.086, and 25.087;
(F) inter-district or inter-county transfers of
students under Subchapter B, Chapter 25;
(G) elementary class size limits under Section
25.112, in the case of any campus in the district that fails to
satisfy any standard under Section 39.054(e);
(E) (H) high school graduation under Section
28.025;
(F) (I) special education programs under
Subchapter A, Chapter 29;
(G) (J) bilingual education under Subchapter B,
Chapter 29;
(H) (K) prekindergarten programs under
Subchapter E, Chapter 29;
(I) (L) safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(J) (M) computation and distribution of state
aid under Chapters 31, 42, and 43;
(K) (N) extracurricular activities under
Section 33.081;
(L) (O) health and safety under Chapter 38;
(M) (P) public school accountability under
Subchapters B, C, D, E, and J, Chapter 39;
(N) (Q) equalized wealth under Chapter 41;
(O) (R) a bond or other obligation or tax rate
under Chapters 42, 43, and 45; and
(P) (S) purchasing under Chapter 44;
(Q) reading instruments and accelerated reading
instruction programs under Section 28.006;
(R) accelerated instruction under Section
28.0211;
(S) discipline management practices or behavior
management techniques under Section 37.0021;
(T) reporting misconduct of educators under
Section 21.006; and
(U) intensive programs of instruction under
Section 28.0213.
SECTION 2. Section 12.014, Education Code, is amended to read as
follows:
Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board
of trustees of a school district shall appoint a charter commission
to frame a home-rule school district charter if:
(1) the board receives a petition requesting the
appointment of a charter commission to frame a home-rule school
district charter signed by at least five percent of the registered
voters of the district; or
(2) a majority at least two-thirds of the total
membership of the board adopts adopt a resolution ordering that a
charter commission be appointed.
SECTION 3. Section 12.021(a), Education Code, is amended to read
as follows:
(a) A Subject to Section 12.022, a proposed home-rule school
district charter or a proposed charter amendment is adopted if
approved by a majority of the qualified voters of the district
voting at an election held for that purpose.
SECTION 4. Sections 12.030(b) and (f), Education Code, are
amended to read as follows:
(b) The governing body of the district shall order an
election on the question of rescinding a home-rule school district
charter if:
(1) the governing body receives a petition requesting a
rescission election signed by at least five percent of the
registered voters of the district; or
(2) a majority at least two-thirds of the total
membership of the governing body adopts adopt a resolution ordering
that a rescission election be held.
(f) A home-rule school district charter is rescinded if the
rescission is approved by a majority of the qualified voters of the
district voting at an election held for that purpose at which at
least 25 percent of the registered voters of the district vote.
SECTION 5. Section 12.022, Education Code, is repealed.
SECTION 6. 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.