84R10399 MK-F
By: Deshotel H.B. No. 1798
A BILL TO BE ENTITLED
AN ACT
relating to local control school districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 12, Education Code, is
amended to read as follows:
CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES
SECTION 2. Section 12.001(b), Education Code, is amended to
read as follows:
(b) This chapter shall be applied in a manner that ensures
the fiscal and academic accountability of persons operating
[holding charters issued] under this chapter. This chapter may not
be applied in a manner that unduly regulates the instructional
methods or pedagogical innovations of [charter] schools operating
under this chapter.
SECTION 3. Section 12.0011, Education Code, is amended to
read as follows:
Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an
alternative to operating in the manner generally provided by this
title, an independent school district, a school campus, or an
educational program may choose to operate [under a charter] in
accordance with this chapter.
SECTION 4. Section 12.002, Education Code, is amended to
read as follows:
Sec. 12.002. CLASSES OF ALTERNATIVES [CHARTER]. The
classes of alternatives [charter] under this chapter are:
(1) a local control [home-rule] school district
[charter] as provided by Subchapter B;
(2) a campus or campus program charter as provided by
Subchapter C; or
(3) an open-enrollment charter as provided by
Subchapter D.
SECTION 5. Subchapter B, Chapter 12, Education Code, is
amended to read as follows:
SUBCHAPTER B. LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance
with this subchapter, a school district may adopt a local control
plan [home-rule school district charter] under which the district
will operate.
(b) The adoption of a local control plan [home-rule school
district charter] by a school district does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before
the effective date of the plan [charter].
Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO LOCAL
CONTROL [HOME-RULE] SCHOOL DISTRICT. (a) A local control
[home-rule] school district is subject to federal and state laws
and rules governing school districts, except that a local control
[home-rule] school district is subject to:
(1) this code only to the extent that the
applicability to a local control [home-rule] school district of a
provision of this code is specifically provided;
(2) a rule adopted under this code by the State Board
of Education or the commissioner only if the code provision
authorizing the rule specifically applies to a local control
[home-rule] school district; and
(3) all requirements of federal law and applicable
court orders relating to eligibility for and the provision of
special education and bilingual programs.
(b) An employee of a local control [home-rule] school
district who would qualify [qualifies] for membership in the
Teacher Retirement System of Texas if the local control school
district were an independent school district shall be covered under
the system in the same manner and to the same extent as a qualified
employee employed by an independent school district is covered.
(c) This section does not permit a local control [home-rule]
school district to discriminate against a student who has been
diagnosed as having a learning disability, including dyslexia or
attention deficit/hyperactivity disorder. Discrimination
prohibited by this subsection includes denial of placement in a
gifted and talented program if the student would otherwise be
qualified for the program but for the student's learning
disability. This section does not permit a local control
[home-rule] school district to, on the basis of race, socioeconomic
status, learning disability, or family support status, place a
student in a program other than the highest-level program necessary
to ensure the student's success.
Sec. 12.013. APPLICABILITY OF TITLE. (a) A local control
[home-rule] school district has the powers and entitlements granted
to school districts and school district boards of trustees under
this title, including:
(1) taxing authority;
(2) bonding authority; and
(3) assistance with instructional facilities and
payment of existing debt under Chapter 46.
(b) A local control [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;
(D) student admissions under Section 25.001;
(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);
[(H)] high school graduation under Section
28.025;
(H) [(I)] special education programs under
Subchapter A, Chapter 29;
(I) [(J)] bilingual education under Subchapter
B, Chapter 29;
(J) [(K)] prekindergarten programs under
Subchapter E, Chapter 29;
(K) [(L)] safety provisions relating to the
transportation of students under Sections 34.002, 34.003, 34.004,
and 34.008;
(L) [(M)] computation and distribution of state
aid under Chapters 31, 42, [and] 43, and 46;
(M) [(N)] extracurricular activities under
Section 33.081;
(N) [(O)] health and safety under Chapter 38;
(O) [(P)] public school accountability under
Subchapters B, C, D, E, F, and J, Chapter 39;
(P) [(Q)] equalized wealth under Chapter 41;
(Q) [(R)] a bond or other obligation or tax rate
under Chapters 42, 43, and 45; and
(R) [(S)] purchasing under Chapter 44.
Sec. 12.0131. LOCAL CONTROL SCHOOL DISTRICT OPERATION
BEGINS AFTER VOTER APPROVAL. An independent school district shall
begin operation as a local control school district under the local
control plan after the approval of a proposed local control plan by
registered voters of the school district through the process
provided by this subchapter.
Sec. 12.014. SUBMISSION OF LOCAL CONTROL PLAN TO VOTERS
[APPOINTMENT OF CHARTER COMMISSION]. A local control plan shall be
submitted to the voters under Section 12.019 [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 of trustees of a school district
receives a petition signed by at least five percent of the
registered voters of the district, as verified under Section
12.0151, requesting that the district adopt the local control plan
that accompanies the petition [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) at least two-thirds of the total membership of the
board of trustees of a school district adopt a resolution
requesting that the district adopt the local control plan
considered with the resolution [ordering that a charter commission
be appointed].
Sec. 12.015. PETITION TO OPERATE AS A LOCAL CONTROL SCHOOL
DISTRICT. (a) For a petition to operate as a local control school
district to be valid:
(1) the petition must include a statement worded
substantially as follows on each page of the petition preceding the
space reserved for signatures: "This petition is to request that an
election be held for (name of school district) to operate under the
local control plan available at (Internet website address).
Technical amendments to the local control plan posted on the
Internet may be adopted before the election on adoption of the
plan.";
(2) the petition must include each signer's printed
name and residential address, including zip code;
(3) each signer must enter beside his or her signature
the date on which he or she signed the petition;
(4) the petition must designate one or more persons as
lead petitioner;
(5) the proposed local control plan must be available
online at the Internet website referenced on the petition during
the period signatures are collected; and
(6) the petition, when submitted to the board of
trustees of the school district as provided by Subsection (c), must
include a signed statement by the lead petitioner stating that it is
the lead petitioner's reasonable belief that the petition is signed
by at least five percent of the registered voters of the district.
(b) A digital signature may be accepted if the board of
trustees of the school district or county clerk of the county in
which the school district's central administrative office is
located has adopted rules under Section 2054.060, Government Code.
(c) When the lead petitioner believes that at least five
percent of the registered voters of the school district have signed
the petition, the lead petitioner shall submit the petition and
proposed local control plan to the board of trustees of the school
district.
(d) Not later than the fifth day after the date of receipt of
the petition and local control plan, the board of trustees of the
school district shall:
(1) submit a copy of the petition to the county clerk
of the county in which the school district's central administrative
office is located for verification of the signatures, as provided
by Section 12.0151; and
(2) submit a copy of the proposed local control plan to
the commissioner for review, as provided by Section 12.018.
(e) The failure of the board of trustees of the school
district to comply with Subsection (d) does not invalidate the
petition or the local control plan but may be a basis for equitable
relief issued by a court of competent jurisdiction.
(f) If the board of trustees of the school district fails to
comply with Subsection (d), the lead petitioner may:
(1) submit a copy of the petition to the county clerk
of the county in which the school district's central administrative
office is located for verification of the signatures, as provided
by Section 12.0151; and
(2) submit a copy of the proposed local control plan to
the commissioner for review, as provided by Section 12.018.
(g) The county clerk and commissioner shall consider the
petition and local control plan received from the lead petitioner
under Subsection (f) as if submitted in a timely manner by the board
of trustees of the school district in accordance with Subsection
(d). [CHARTER COMMISSION. (a) Not later than the 30th day after
the date of receipt of a petition or adoption of a resolution under
Section 12.014, the board of trustees of the school district shall
appoint 15 residents of the district to serve on the commission to
frame a charter for the district.
[(b) The membership of the charter commission must reflect
the racial, ethnic, socioeconomic, and geographic diversity of the
district. A majority of the members appointed to the commission
must be parents of school-age children attending public school. At
least 25 percent of the commission must be classroom teachers
selected by the representatives of the professional staff pursuant
to Section 11.251(e).
[(c) The charter commission must complete a proposed
charter not later than the first anniversary of the date of its
appointment. After that date, the commission expires and the
appointment under Section 12.014 is void.
[(d) A charter commission appointed under this section is
considered a governmental body for purposes of Chapters 551 and
552, Government Code.]
Sec. 12.0151. DUTIES OF COUNTY CLERK ON RECEIPT OF
PETITION. (a) On receipt of a petition under Section 12.015, the
county clerk of the county in which the school district's central
administrative office is located, in cooperation with the county
clerk of any other county in which any part of the school district
is located, shall verify that each signer of the petition is
registered to vote in the school district.
(b) Not later than the 30th day after receipt of the
petition, the county clerk shall certify to the board of trustees of
the school district and the lead petitioner the percentage of
registered voters of the district who signed the petition. The
county clerk's certification is a public record.
Sec. 12.0152. SUBMISSION OF ADDITIONAL SIGNATURES; FINAL
CERTIFICATION BY COUNTY CLERK. (a) If the county clerk certifies
that less than five percent of the registered voters of the school
district signed the petition submitted to the board of trustees of
the school district under Section 12.015, the lead petitioner may
submit one tranche of additional signatures in support of the
petition to the county clerk not later than the 30th day after the
date of the clerk's certification.
(b) On receipt of additional signatures from the lead
petitioner, the county clerk shall verify the additional signatures
and, not later than the 30th day after the date of receipt of the
additional signatures, certify to the board of trustees of the
school district and the lead petitioner the percentage of
registered voters of the district who signed the petition, as
supplemented by the additional signatures. The county clerk's
certification is a public record.
Sec. 12.0153. SUIT TO CONTEST VERIFICATION OF SIGNATURES.
Any suit to contest the verification of signatures for a petition
must be filed not later than the 30th day after the date of the
county clerk's final certification.
Sec. 12.016. CONTENT. (a) Each local control plan
[home-rule school district charter] must:
(1) describe the educational program to be offered;
(2) provide that continuation of the local control
[home-rule] school district [charter] is contingent on:
(A) acceptable student performance on assessment
instruments adopted under Subchapter B, Chapter 39; and
(B) compliance with other applicable
accountability provisions under Chapter 39;
(3) specify any basis, in addition to a basis
specified by this subchapter, on which the local control school
district [charter] may be placed on probation or the local control
plan may be revoked;
(4) describe the governing structure of the district
and campuses, including:
(A) the number of members who will serve on the
governing body of the district;
(B) the manner in which members of the governing
body of the district are selected and removed from office;
(C) the manner in which vacancies on the
governing body of the district are filled;
(D) the terms for which members of the governing
body of the district serve; and
(E) whether the members of the governing body of
the district serve staggered terms;
(5) specify any procedure or requirement, in addition
to those under Chapter 38, that the district will follow to ensure
the health and safety of students and employees;
(6) describe the process by which the district will
adopt an annual budget, including a description of the use of
program-weight funds; and
(7) describe the manner in which an annual audit of
financial and programmatic operations of the district is to be
conducted, including the manner in which the district will provide
information necessary for the district to participate in the Public
Education Information Management System (PEIMS) to the extent
required by this subchapter[; and
[(8) include any other provision the charter
commission considers necessary].
(b) This section does not limit the permissible content of a
local control plan.
Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS
ACT. (a) If a local control plan is proposed by the board of
trustees of a school district, the board may [The charter
commission shall] submit the proposed local control plan [charter]
to the secretary of state. The secretary of state shall determine
whether a proposed local control plan requires preclearance under
federal law [charter contains a change in the governance of the
school district].
(b) If a local control plan is proposed by petition, the
lead petitioner may submit the proposed local control plan to the
secretary of state. The secretary of state shall determine whether
a proposed local control plan requires preclearance under federal
law.
(c) If the secretary of state determines that a proposed
local control plan requires preclearance under federal law [charter
contains a change in the governance of the school district], the
secretary of state shall, not later than the second working day
after the date the secretary of state makes that determination,
[notify the board of trustees of the school district. The board
shall] submit the proposed local control plan [change] to the
United States Department of Justice or the United States District
Court for the District of Columbia for preclearance under the
Voting Rights Act (52 U.S.C. Section 10101 et seq.) [(42 U.S.C.
Section 1973c et seq.)].
Sec. 12.018. TECHNICAL [LEGAL] REVIEW. (a) Not later than
the fifth day after the date the board of trustees of a school
district adopts a resolution or receives a petition and local
control plan under Section 12.014, the board [The charter
commission] shall submit the proposed local control plan [charter]
to the commissioner for review.
(b) As soon as practicable, but not later than the 30th day
after the date the commissioner receives the proposed local control
plan [charter], the commissioner shall review the proposed local
control plan for compliance [charter to ensure that the proposed
charter complies] with any applicable state and federal laws and
shall provide written notification to the board of trustees of the
school district and the lead petitioner, if applicable, of the
results of the review, including any recommended technical
amendments for compliance with state or federal law [recommend to
the charter commission any modifications necessary].
(c) If the commissioner does not act within the prescribed
time, it is presumed that the commissioner has determined that the
proposed local control plan [charter] is in compliance with
applicable state and federal laws [approved]. The commissioner will
be considered to have notified the board of trustees of the school
district of the commissioner's determination on the 30th day after
the date the commissioner received the proposed local control plan.
Sec. 12.0181. DESIGNATING PROPOSED LOCAL CONTROL PLAN AS
FINAL. (a) If the local control plan was proposed by the board of
trustees of a school district, the board shall, not later than the
30th day after the date of receipt of the commissioner's
recommendations under Section 12.018, accept or reject any
technical amendments recommended by the commissioner and designate
the local control plan as final.
(b) If the local control plan was proposed by petition, the
lead petitioner or a majority of persons originally designated as
lead petitioners may, not later than the 45th day after the date of
receipt of the commissioner's recommendations under Section
12.018, notify the board of trustees of the school district in
writing that the lead petitioner or majority accepts or rejects any
technical amendments recommended by the commissioner and designate
the local control plan as final. If the board of trustees does not
receive written notice under this subsection, the board of trustees
shall accept all technical amendments recommended by the
commissioner and designate the local control plan as final.
(c) If the commissioner does not recommend any technical
amendments under Section 12.018, the proposed local control plan is
considered final on receipt of the commissioner's notification.
Sec. 12.019. LOCAL CONTROL PLAN [CHARTER] ELECTION. (a) The
board of trustees of a school district shall order an election on
the local control plan not later than the 15th day after the date
the board receives notice from the county clerk certifying that at
least five percent of the registered voters of the district have
signed the petition under Section 12.0151 or 12.0152 and the local
control plan is designated as final under Section 12.0181 [As soon
as practicable after approval of a home-rule school district
charter under Section 12.018, the board of trustees of the district
shall order an election on the proposed charter].
(b) The proposed local control plan [charter] shall be
submitted to the voters of the district at an election to be held on
the first uniform election date in November of an even-numbered
year that occurs at least 78 [45] days after the date on which the
board of trustees orders the election.
(c) If the local control plan was proposed by the board of
trustees of the school district, the ballot shall be printed to
permit voting for or against the proposition "Whether the (name of
school district) School District shall be governed under the local
control plan that is proposed by the board of trustees and under
which only certain laws and rules apply to the district." [At least
three copies of the proposed charter must be available in the office
of each school campus in the district and at the district's central
administrative office between the date of the election order and
election day. Notice of the election must include a statement of
where and how copies may be obtained or viewed. A summary of the
content of the proposed charter shall be attached to each copy. The
summary also shall be made available to school district employees,
parents, community members, and members of the media.]
(d) If the local control plan was proposed by petition, the
[The] ballot shall be printed to permit voting for or against the
proposition "Whether the (name of school district) School District
shall be governed under the local control plan that [home-rule
school district charter, which] is proposed by a petition of
(percentage of valid signatures of registered voters on the
petition) percent of registered voters of the school district
[charter commission appointed by the board of trustees] and under
which only certain laws and rules apply to the district."
(e) If two or more local control plans are submitted to the
voters, the board of trustees of the school district shall request
that the county clerk include neutral ballot language to allow
voters to distinguish between the plans. If two or more local
control plans are approved at the same election, the plan receiving
the highest affirmative vote prevails.
Sec. 12.0191. NOTICE OF LOCAL CONTROL PLAN ELECTION. (a)
At least three copies of the proposed local control plan must be
available in the office of each campus in the school district and at
the district's central administrative office between the date of
the election order and election day. Notice of the election must
include a statement of where and how copies may be obtained or
viewed. A summary of the content of the proposed local control plan
shall be attached to each copy. The summary also shall be made
available to school district employees, parents, community
members, and members of the media.
(b) At the time the board of trustees of the school district
orders an election on the proposed local control plan, the school
district shall post on the district's Internet website a copy of the
proposed local control plan, a summary of the content of the
proposed plan, and a notice of the election. These items shall
remain posted on the school district's Internet website until the
election is held.
(c) The school district and each campus in the district
shall prominently display and maintain on the main page of the
district's or campus's Internet website a link to the Internet
website containing the information required under Subsection (b).
Sec. 12.020. LOCAL CONTROL PLAN [CHARTER] AMENDMENT. (a)
The governing body of a local control [home-rule] school district
on its own motion may submit a proposed [charter] amendment to the
local control plan that complies with this subchapter to the
commissioner for technical [legal] review.
(b) The governing body shall submit a proposed [charter]
amendment to the local control plan that complies with this
subchapter to the commissioner for technical [legal] review if a
petition submitted to the governing body proposing the [charter]
amendment is signed by at least five percent of the registered
voters of the district. The petition must designate one or more
persons as a lead petitioner.
(c) As soon as practicable, but not later than the 30th day
after the date on which the requirements [for an election] under
Subsection (a) or (b) are satisfied, the commissioner shall review
the proposed amendment to ensure that the proposed amendment
complies with any applicable state and federal laws and shall
recommend any modifications necessary in accordance with Section
12.018. If the commissioner does not act within the prescribed
time, the proposed [charter] amendment is considered to be in
compliance with applicable state and federal laws [approved].
(d) The governing body or lead petitioner, as applicable,
may accept or reject any proposed modifications and designate the
amendment as final through the process described by Section
12.0181. As soon as practicable, but not later than the 15th day
after the date an amendment is designated as final [commissioner
review under Subsection (c)], the governing body of the district
shall order an election on the proposed amendment.
(e) An election under this section shall be held on the
first uniform election date in November of an even-numbered year
that occurs at least 78 [45] days after the date the election is
ordered.
(f) Notice of the election must include a substantial copy
of the proposed [charter] amendment to the local control plan.
(g) An [A charter] amendment to a local control plan may not
contain more than one subject.
(h) The ballot shall be prepared so that a voter may approve
or disapprove any one or more [charter] amendments to a local
control plan without having to approve or disapprove all of the
[charter] amendments to a local control plan.
(i) The governing body may not order an election on a
proposed [charter] amendment to a local control plan earlier than
the first anniversary of the date of any previous election to amend
the plan [charter].
(j) Section 12.017 applies to a proposed [charter]
amendment to a local control plan[, except that the governing body
shall submit the proposed charter amendment to the secretary of
state].
Sec. 12.021. ADOPTION OF LOCAL CONTROL PLAN [CHARTER] OR
[CHARTER] AMENDMENT. (a) A [Subject to Section 12.022, a] proposed
local control plan [home-rule school district charter] or a
proposed [charter] amendment to a local control plan is adopted if
approved by a majority of the registered [qualified] voters of the
district voting at an election held for that purpose.
(b) A local control plan [charter] or [charter] amendment to
a local control plan shall specify an effective date and takes
effect according to its terms when the board of trustees or
governing body of the school district enters an order declaring
that the plan [charter] or [charter] amendment is adopted. The
board of trustees or governing body shall enter an order not later
than the 10th day after the date the canvass of the election returns
is completed.
(c) As soon as practicable after a school district adopts a
local control plan or amendment to a local control plan [home-rule
school district charter or charter amendment], the board of
trustees or governing body shall notify the commissioner of the
outcome of the election.
Sec. 12.022. [MINIMUM VOTER TURNOUT REQUIRED. (a) An
election on the adoption of a proposed home-rule school district
charter has no effect unless at least 25 percent of the registered
voters of the district vote in the election in which the adoption of
the charter is on the ballot.
[(b) An election on the adoption of a proposed amendment to
a home-rule school district charter has no effect unless at least 20
percent of the registered voters of the district vote in the
election in which the adoption of the amendment is on the ballot.
[(c) If the required number of voters prescribed by
Subsection (a) or (b) do not vote in the election, the board of
trustees shall order an election on the issue to be held on the
first uniform election date:
[(1) that occurs at least 45 days after the date the
election is ordered; and
[(2) on which one or more elections are to be held, the
combination of which covers all of the territory of the school
district.
[(d) If the required number of voters prescribed by
Subsection (a) or (b) do not vote at an election ordered as required
by Subsection (c), the board of trustees may continue to order
elections on the issue in accordance with Subsection (c) until the
required minimum voter turnout is achieved.
[Sec. 12.023.] CERTIFICATION OF LOCAL CONTROL PLAN OR
AMENDMENT [CHARTER OR CHARTER AMENDMENT]. (a) As soon as
practicable after a school district adopts a local control plan or
amendment to a local control plan [home-rule school district
charter or charter amendment], the president of the board of
trustees or presiding officer of the governing body shall certify
to the secretary of state a copy of the plan [charter] or amendment
showing the approval by the voters of the district.
(b) The secretary of state shall file and record the
certification in the secretary of state's office.
Sec. 12.023 [12.024]. EFFECT OF RECORDING LOCAL CONTROL
PLAN OR AMENDMENT [CHARTER OR CHARTER AMENDMENT]. A recorded local
control plan or amendment to a local control plan [charter or
charter amendment] is a public act. A court shall take judicial
notice of a recorded plan [charter] or [charter] amendment, and
proof is not required of its provisions.
Sec. 12.024 [12.025]. GOVERNANCE. (a) A local control
[home-rule] school district may adopt and operate under any
governing structure.
(b) In conformity with the local control plan, the governing
body of the [The] district may:
(1) create offices;
(2) determine the time and method for selecting
officers; and
(3) prescribe the qualifications and duties of
officers.
[(c) The term of any officer of the district is determined
under Section 11.059.]
Sec. 12.025 [12.026]. CHANGE IN GOVERNING BODY. If the
adoption, amendment, or revocation of a local control plan
[home-rule school district charter] changes the structure of the
governing body of the school district, the members of the governing
body serving on the date the adoption, amendment, or revocation
takes effect continue in office until their successors are chosen
and have qualified for office.
Sec. 12.026 [12.027]. BASIS FOR PLACEMENT ON PROBATION OR
REVOCATION OF LOCAL CONTROL PLAN [CHARTER]. (a) The commissioner
[State Board of Education] may place a local control school
district on probation or revoke the local control plan [a home-rule
school district charter] of a school district if the commissioner
[board] determines that the district:
(1) committed a material violation of the local
control plan [charter];
(2) failed to satisfy generally accepted accounting
standards of fiscal management; or
(3) failed to comply with this subchapter or other
applicable federal or state law or rule.
(b) The action the commissioner [board] takes under
Subsection (a) shall be based on the best interest of district
students, the severity of the violation, and any previous violation
the district has committed.
(c) A district whose local control plan [home-rule school
district charter] is revoked or rescinded under this subchapter
shall operate under the other provisions of Title 1 and this title
that apply to school districts.
Sec. 12.027 [12.028]. PROCEDURE FOR PLACEMENT ON PROBATION
OR REVOCATION. (a) The commissioner [State Board of Education] by
rule shall adopt a procedure to be used for placing a local control
school district on probation or revoking a local control plan
[home-rule school district charter].
(b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the district and to parents of
district students. A hearing under this subsection must be held in
the district.
Sec. 12.028 [12.029]. STATUS OF DISTRICT IN CASE OF
ANNEXATION OR CONSOLIDATION. (a) If a school district is annexed
to another district under Chapter 13, and only one of the districts
has a local control [home-rule] school district status, the
status[, as a home-rule or other type of school district,] of the
receiving district is the status for both districts following
annexation.
(b) Except as provided by Subchapter H, Chapter 41, if two
or more school districts having different status, one of which is
local control [home-rule] school district status, consolidate into
a single district, the petition under Section 13.003 initiating the
consolidation must state the status for the consolidated district.
The ballot shall be printed to permit voting for or against the
proposition: "Consolidation of (names of school districts) into a
single school district governed as (status of school district
specified in the petition)."
Sec. 12.029 [12.030]. RESCISSION OF LOCAL CONTROL PLAN
[CHARTER]. (a) A local control plan [home-rule school district
charter] may be rescinded as provided by this section.
(b) The governing body of the district shall order an
election on the question of rescinding a local control plan
[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) at least two-thirds of the total membership of the
governing body adopt a resolution ordering that a rescission
election be held.
(c) As soon as practicable after the date of receipt or
adoption of a resolution under Subsection (b), the governing body
shall order an election.
(d) The proposition to rescind the local control plan
[home-rule school district charter] shall be submitted to the
voters of the district at an election to be held on the first
uniform election date in November of an even-numbered year that
occurs at least 78 [45] days after the date on which the governing
body orders the election.
(e) The ballot shall be printed to permit voting for or
against the proposition: "Whether the local control plan [home-rule
school district charter] of (name of school district) shall be
rescinded so that the school district becomes an independent school
district."
(f) A local control plan [home-rule school district
charter] is rescinded if the rescission is approved by a majority of
the registered [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].
(g) The rescission takes effect on a date established by
resolution of the governing body but not later than the 90th day
after the date of an election held under this section at which
rescission of the local control plan [charter] is approved [and at
which the number of registered voters required under Subsection (f)
vote]. As soon as practicable after that election, the governing
body shall notify the commissioner and the secretary of state of the
results of the election and of the effective date of the rescission.
(h) The rescission of a local control plan [home-rule school
district charter] under this section does not affect:
(1) the district's boundaries; or
(2) taxes or bonds of the district authorized before
the effective date of the rescission.
SECTION 6. Section 12.051(2), Education Code, is amended to
read as follows:
(2) "Board" and "board of trustees" mean the board of
trustees of a school district or the governing body of a local
control [home-rule] school district.
SECTION 7. Section 12.052(a), Education Code, is amended to
read as follows:
(a) In accordance with this subchapter, the board of
trustees of a school district or the governing body of a local
control [home-rule] school district shall grant or deny, through a
public vote of the board of trustees or governing body, a charter to
parents and teachers for a campus or a program on a campus if the
board is presented with a petition signed by:
(1) the parents of a majority of the students at that
school campus; and
(2) a majority of the classroom teachers at that
school campus.
SECTION 8. Section 12.0521(a), Education Code, is amended
to read as follows:
(a) Notwithstanding Section 12.052, in accordance with this
subchapter and in the manner provided by this section, the board of
trustees of a school district or the governing body of a local
control [home-rule] school district may grant a charter for:
(1) a new district campus; or
(2) a program that is operated:
(A) by an entity that has entered into a contract
with the district under Section 11.157 to provide educational
services to the district through the campus or program; and
(B) at a facility located in the boundaries of
the district.
SECTION 9. Section 12.0522(a), Education Code, is amended
to read as follows:
(a) Notwithstanding Section 12.052, in the manner provided
by this section, the board of trustees of a school district or the
governing body of a local control [home-rule] school district may
grant a district charter to a campus to the extent authorized under
this section.
SECTION 10. Section 12.101(a), Education Code, is amended
to read as follows:
(a) In accordance with this subchapter, the commissioner
may grant a charter on the application of an eligible entity for an
open-enrollment charter school to operate in a facility of a
commercial or nonprofit entity, an eligible entity, or a school
district, including a local control [home-rule] school district.
In this subsection, "eligible entity" means:
(1) an institution of higher education as defined
under Section 61.003;
(2) a private or independent institution of higher
education as defined under Section 61.003;
(3) an organization that is exempt from taxation under
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
501(c)(3)); or
(4) a governmental entity.
SECTION 11. Sections 22.003(d) and (e), Education Code, are
amended to read as follows:
(d) A school district employee with available personal
leave under this section is entitled to use the leave for
compensation during a term of active military service. This
subsection applies to any personal or sick leave available under
former law or provided by local policy of a school district,
including a local control [home-rule] school district.
(e) A school district, including a local control
[home-rule] school district, may adopt a policy providing for the
paid leave of absence of employees taking leave for active military
service as part of the consideration of employment by the district.
SECTION 12. Section 37.007(e), Education Code, is amended
to read as follows:
(e) In accordance with 20 U.S.C. Section 7151, a local
educational agency, including a school district, local control
[home-rule] school district, or open-enrollment charter school,
shall expel a student who brings a firearm, as defined by 18 U.S.C.
Section 921, to school. The student must be expelled from the
student's regular campus for a period of at least one year, except
that:
(1) the superintendent or other chief administrative
officer of the school district or of the other local educational
agency, as defined by 20 U.S.C. Section 7801, may modify the length
of the expulsion in the case of an individual student;
(2) the district or other local educational agency
shall provide educational services to an expelled student in a
disciplinary alternative education program as provided by Section
37.008 if the student is younger than 10 years of age on the date of
expulsion; and
(3) the district or other local educational agency may
provide educational services to an expelled student who is 10 years
of age or older in a disciplinary alternative education program as
provided in Section 37.008.
SECTION 13. Section 37.022(a)(2), Education Code, is
amended to read as follows:
(2) "District or school" includes an independent
school district, a local control [home-rule] school district, a
campus or campus program charter holder, or an open-enrollment
charter school.
SECTION 14. Section 38.152, Education Code, is amended to
read as follows:
Sec. 38.152. APPLICABILITY. This subchapter applies to an
interscholastic athletic activity, including practice and
competition, sponsored or sanctioned by:
(1) a school district, including a local control
[home-rule] school district, or a public school, including any
school for which a charter has been granted under Chapter 12; or
(2) the University Interscholastic League.
SECTION 15. Section 38.157(c), Education Code, is amended
to read as follows:
(c) The school district superintendent or the
superintendent's designee or, in the case of a local control
[home-rule] school district or open-enrollment charter school, the
person who serves the function of superintendent or that person's
designee shall supervise an athletic trainer or other person
responsible for compliance with the return-to-play protocol. The
person who has supervisory responsibilities under this subsection
may not be a coach of an interscholastic athletics team.
SECTION 16. Section 38.158(f), Education Code, is amended
to read as follows:
(f) Each person described by Subsection (c) must submit
proof of timely completion of an approved course in compliance with
Subsection (e) to the school district superintendent or the
superintendent's designee or, in the case of a local control
[home-rule] school district or open-enrollment charter school, a
person who serves the function of a superintendent or that person's
designee.
SECTION 17. Section 39.102(a), Education Code, is amended
to read as follows:
(a) If a school district does not satisfy the accreditation
criteria under Section 39.052, the academic performance standards
under Section 39.053 or 39.054, or any financial accountability
standard as determined by commissioner rule, the commissioner shall
take any of the following actions to the extent the commissioner
determines necessary:
(1) issue public notice of the deficiency to the board
of trustees;
(2) order a hearing conducted by the board of trustees
of the district for the purpose of notifying the public of the
insufficient performance, the improvements in performance expected
by the agency, and the interventions and sanctions that may be
imposed under this section if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each student achievement indicator
under Section 39.053(c) for which the district's performance is
insufficient, the submission of the plan to the commissioner for
approval, and implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner's designee at which the president of the board
of trustees of the district and the superintendent shall appear and
explain the district's low performance, lack of improvement, and
plans for improvement;
(5) arrange an on-site investigation of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees or
the superintendent;
(7) appoint a conservator to oversee the operations of
the district;
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person;
(9) if a district has a current accreditation status
of accredited-warned or accredited-probation, fails to satisfy any
standard under Section 39.054(e), or fails to satisfy financial
accountability standards as determined by commissioner rule,
appoint a board of managers to exercise the powers and duties of the
board of trustees;
(10) if for two consecutive school years, including
the current school year, a district has received an accreditation
status of accredited-warned or accredited-probation, has failed to
satisfy any standard under Section 39.054(e), or has failed to
satisfy financial accountability standards as determined by
commissioner rule, revoke the district's accreditation and:
(A) order closure of the district and annex the
district to one or more adjoining districts under Section 13.054;
or
(B) in the case of a local control [home-rule]
school district or open-enrollment charter school, order closure of
all programs operated under the district's local control plan or
school's charter; or
(11) if a district has failed to satisfy any standard
under Section 39.054(e) due to the district's dropout rates, impose
sanctions designed to improve high school completion rates,
including:
(A) ordering the development of a dropout
prevention plan for approval by the commissioner;
(B) restructuring the district or appropriate
school campuses to improve identification of and service to
students who are at risk of dropping out of school, as defined by
Section 29.081;
(C) ordering lower student-to-counselor ratios
on school campuses with high dropout rates; and
(D) ordering the use of any other intervention
strategy effective in reducing dropout rates, including mentor
programs and flexible class scheduling.
SECTION 18. Section 42.152(c), Education Code, is amended
to read as follows:
(c) Funds allocated under this section shall be used to fund
supplemental programs and services designed to eliminate any
disparity in performance on assessment instruments administered
under Subchapter B, Chapter 39, or disparity in the rates of high
school completion between students at risk of dropping out of
school, as defined by Section 29.081, and all other students.
Specifically, the funds, other than an indirect cost allotment
established under State Board of Education rule, which may not
exceed 45 percent, may be used to meet the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081 or a disciplinary alternative education program
established under Section 37.008, to pay the costs associated with
placing students in a juvenile justice alternative education
program established under Section 37.011, or to support a program
eligible under Title I of the Elementary and Secondary Education
Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
amendments, and by federal regulations implementing that Act, at a
campus at which at least 40 percent of the students are
educationally disadvantaged. In meeting the costs of providing a
compensatory, intensive, or accelerated instruction program under
Section 29.081, a district's compensatory education allotment
shall be used for costs supplementary to the regular education
program, such as costs for program and student evaluation,
instructional materials and equipment and other supplies required
for quality instruction, supplemental staff expenses, salary for
teachers of at-risk students, smaller class size, and
individualized instruction. A local control [home-rule] school
district or an open-enrollment charter school must use funds
allocated under Subsection (a) for a purpose authorized in this
subsection but is not otherwise subject to Subchapter C, Chapter
29. For purposes of this subsection, a program specifically
designed to serve students at risk of dropping out of school, as
defined by Section 29.081, is considered to be a program
supplemental to the regular education program, and a district may
use its compensatory education allotment for such a program.
SECTION 19. Section 41.0052, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) A school district or local control school district
that holds its general election for officers on a date other than
the November uniform election date of an even-numbered year may
change the date on which it holds its general election for officers
to the November uniform election date by adopting a local control
plan or an amendment to a local control plan under Subchapter B,
Chapter 12, Education Code.
SECTION 20. Section 7.102(c)(8), Education Code, is
repealed.
SECTION 21. 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, 2015.