Texas 2015 - 84th Regular

Texas House Bill HB1798 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R24796 MK-F
2	2	By: Deshotel, Villalba, Huberty, et al. H.B. No. 1798
3	3	Substitute the following for H.B. No. 1798:
4	4	By: Aycock C.S.H.B. No. 1798
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to local control school districts.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 12, Education Code, is
12	12	amended to read as follows:
13	13	CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES
14	14	SECTION 2. Section 12.001(b), Education Code, is amended to
15	15	read as follows:
16	16	(b) This chapter shall be applied in a manner that ensures
17	17	the fiscal and academic accountability of persons operating
18	18	[holding charters issued] under this chapter. This chapter may not
19	19	be applied in a manner that unduly regulates the instructional
20	20	methods or pedagogical innovations of [charter] schools operating
21	21	under this chapter.
22	22	SECTION 3. Section 12.0011, Education Code, is amended to
23	23	read as follows:
24	24	Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an
25	25	alternative to operating in the manner generally provided by this
26	26	title, an independent school district, a school campus, or an
27	27	educational program may choose to operate [under a charter] in
28	28	accordance with this chapter.
29	29	SECTION 4. Section 12.002, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 12.002. CLASSES OF ALTERNATIVES [CHARTER]. The
32	32	classes of alternatives [charter] under this chapter are:
33	33	(1) a local control [home-rule] school district
34	34	[charter] as provided by Subchapter B;
35	35	(2) a campus or campus program charter as provided by
36	36	Subchapter C; or
37	37	(3) an open-enrollment charter as provided by
38	38	Subchapter D.
39	39	SECTION 5. Subchapter B, Chapter 12, Education Code, is
40	40	amended to read as follows:
41	41	SUBCHAPTER B. LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
42	42	Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance
43	43	with this subchapter, a school district may adopt a local control
44	44	plan [home-rule school district charter] under which the district
45	45	will operate.
46	46	(b) The adoption of a local control plan [home-rule school
47	47	district charter] by a school district does not affect:
48	48	(1) the district's boundaries; or
49	49	(2) taxes or bonds of the district authorized before
50	50	the effective date of the plan [charter].
51	51	Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO LOCAL
52	52	CONTROL [HOME-RULE] SCHOOL DISTRICT. (a) A local control
53	53	[home-rule] school district is subject to federal and state laws
54	54	and rules governing school districts, except that a local control
55	55	[home-rule] school district is subject to:
56	56	(1) this code only to the extent that the
57	57	applicability to a local control [home-rule] school district of a
58	58	provision of this code is specifically provided;
59	59	(2) a rule adopted under this code by the State Board
60	60	of Education or the commissioner only if the code provision
61	61	authorizing the rule specifically applies to a local control
62	62	[home-rule] school district; and
63	63	(3) all requirements of federal law and applicable
64	64	court orders relating to eligibility for and the provision of
65	65	special education and bilingual programs.
66	66	(b) An employee of a local control [home-rule] school
67	67	district who qualifies for membership in the Teacher Retirement
68	68	System of Texas shall be covered under the system in the same manner
69	69	and to the same extent as a qualified employee employed by an
70	70	independent school district is covered.
71	71	(c) This section does not permit a local control [home-rule]
72	72	school district to discriminate against a student who has been
73	73	diagnosed as having a learning disability, including dyslexia or
74	74	attention deficit/hyperactivity disorder. Discrimination
75	75	prohibited by this subsection includes denial of placement in a
76	76	gifted and talented program if the student would otherwise be
77	77	qualified for the program but for the student's learning
78	78	disability. This section does not permit a local control
79	79	[home-rule] school district to, on the basis of race, socioeconomic
80	80	status, learning disability, or family support status, place a
81	81	student in a program other than the highest-level program necessary
82	82	to ensure the student's success.
83	83	Sec. 12.0121. IMMUNITY FROM LIABILITY. In matters related
84	84	to the operation of a local control school district, a local control
85	85	school district is immune from liability to the same extent as an
86	86	independent school district, and its employees and volunteers are
87	87	immune from liability to the same extent as independent school
88	88	district employees and volunteers. A member of the governing body
89	89	of a local control school district is immune from liability to the
90	90	same extent as an independent school district trustee.
91	91	Sec. 12.013. APPLICABILITY OF TITLE. (a) A local control
92	92	[home-rule] school district has the powers and entitlements granted
93	93	to school districts and school district boards of trustees under
94	94	this title, including taxing authority.
95	95	(b) A local control [home-rule] school district is subject
96	96	to:
97	97	(1) a provision of this title establishing a criminal
98	98	offense;
99	99	(2) a provision of this title relating to limitations
100	100	on liability; and
101	101	(3) a prohibition, restriction, or requirement, as
102	102	applicable, imposed by this title or a rule adopted under this
103	103	title, relating to:
104	104	(A) the Public Education Information Management
105	105	System (PEIMS) to the extent necessary to monitor compliance with
106	106	this subchapter as determined by the commissioner;
107	107	(B) educator certification under Chapter 21,
108	108	confidentiality of performance evaluations under Section 21.355,
109	109	and educator rights under Sections 21.407, 21.408, and 22.001;
110	110	(C) criminal history records under Subchapter C,
111	111	Chapter 22;
112	112	(D) student admissions under Section 25.001;
113	113	(E) school attendance under Sections 25.085,
114	114	25.086, and 25.087;
115	115	(F) inter-district or inter-county transfers of
116	116	students under Subchapter B, Chapter 25, and transfers of students
117	117	under Sections 25.0341 and 25.0342;
118	118	(G) the required curriculum under Section 28.002
119	119	[elementary class size limits under Section 25.112, in the case of
120	120	any campus in the district that fails to satisfy any standard under
121	121	Section 39.054(e)];
122	122	(H) high school graduation under Section 28.025;
123	123	(I) special education programs under Subchapter
124	124	A, Chapter 29;
125	125	(J) bilingual education under Subchapter B,
126	126	Chapter 29;
127	127	(K) prekindergarten programs under Subchapter E,
128	128	Chapter 29;
129	129	(L) safety provisions relating to the
130	130	transportation of students under Sections 34.002, 34.003, 34.004,
131	131	and 34.008;
132	132	(M) computation and distribution of state aid
133	133	under Chapters 31, 42, [and] 43, and 46;
134	134	(N) extracurricular activities under Section
135	135	33.081;
136	136	(O) restrictions under Section 37.0021 on the use
137	137	with students of confinement, restraint, seclusion, and time-out;
138	138	(P) health and safety under Chapter 38;
139	139	(Q) [(P)] public school accountability under
140	140	Subchapters B, C, D, E, F, and J, Chapter 39;
141	141	(R) [(Q)] equalized wealth under Chapter 41;
142	142	(S) [(R)] a bond or other obligation or tax rate
143	143	under Chapters 42, 43, and 45; and
144	144	(T) [(S)] purchasing under Chapter 44.
145	145	Sec. 12.0131. APPLICABILITY OF ELECTION CODE. The Election
146	146	Code, including Title 15, Election Code, applies to:
147	147	(1) a petition submitted to the board of trustees of a
148	148	school district under Section 12.014; and
149	149	(2) a local control plan election held under Section
150	150	12.019.
151	151	Sec. 12.014. APPOINTMENT OF LOCAL CONTROL [CHARTER]
152	152	COMMISSION. (a) The board of trustees of a school district shall
153	153	appoint a local control [charter] commission to frame a local
154	154	control plan for the [home-rule] school district [charter] if:
155	155	(1) the board receives a petition requesting the
156	156	appointment of a local control [charter] commission to frame a
157	157	local control plan for the [home-rule] school district [charter]
158	158	signed by at least five percent of the registered voters of the
159	159	district; or
160	160	(2) at least two-thirds of the total membership of the
161	161	board adopt a resolution ordering that a local control [charter]
162	162	commission be appointed.
163	163	(b) A petition submitted under Subsection (a)(1) may
164	164	designate one or more persons as lead petitioner.
165	165	Sec. 12.0141. REQUIRED STATEMENT FOR PETITION. For a
166	166	petition under Section 12.014(a)(1) to be valid, the petition must
167	167	include the following, or a substantially similar, statement on
168	168	each page of the petition that precedes the space reserved for
169	169	signatures: "This petition is to request that a local control
170	170	commission be appointed for the purpose of proposing a local
171	171	control plan under which (name of school district) will operate if
172	172	the plan is approved at an election of voters of the district. The
173	173	local control commission will be composed of 15 residents of the
174	174	district."
175	175	Sec. 12.015. LOCAL CONTROL [CHARTER] COMMISSION. (a) Not
176	176	later than the 30th day after the date of [receipt of a petition or]
177	177	adoption of a resolution under Section 12.014(a)(2) [12.014], the
178	178	board of trustees of the school district shall appoint 15 residents
179	179	of the district to serve on the commission to frame a local control
180	180	plan [charter] for the district, as provided by Subsection (b-1).
181	181	(a-1) Not later than the 30th day after the date the board of
182	182	trustees of the school district receives a petition under Section
183	183	12.014(a)(1), the board shall appoint the following 15 residents of
184	184	the district to serve on the commission to frame a local control
185	185	plan for the district:
186	186	(1) seven residents who are selected by the board; and
187	187	(2) eight residents who are selected by the lead
188	188	petitioner, provided that the petition designates one or more
189	189	persons as lead petitioner.
190	190	(b) To the extent practicable, the [The] membership of the
191	191	local control [charter] commission must reflect the racial and [,]
192	192	ethnic[, socioeconomic, and geographic] diversity of the
193	193	population of the district of voting age.
194	194	(b-1) If the local control commission is appointed in
195	195	accordance with Subsection (a), the board shall appoint the
196	196	following residents of the district to serve on the commission to
197	197	frame a local control plan for the district:
198	198	(1) at least eight [A majority of the members
199	199	appointed to the commission must be] parents of school-age children
200	200	attending public school;
201	201	(2) at least two administrators employed by the
202	202	district; and
203	203	(3) two [. At least 25 percent of the commission must
204	204	be] classroom teachers employed by the district [selected by the
205	205	representatives of the professional staff pursuant to Section
206	206	11.251(e)].
207	207	(b-2) If the local control commission is appointed under
208	208	Subsection (a-1), and the petition designates one or more persons
209	209	as lead petitioner, the board and the lead petitioner shall each
210	210	select for the commission:
211	211	(1) at least four parents of school-age children
212	212	attending public school;
213	213	(2) at least one administrator employed by the
214	214	district; and
215	215	(3) one classroom teacher employed by the district.
216	216	(b-3) The board may not refuse to appoint a member of a
217	217	commission who is selected by the lead petitioner if the member is
218	218	otherwise eligible to serve on the commission.
219	219	(b-4) If the local control commission is appointed under
220	220	Subsection (a-1), and the petition does not designate one or more
221	221	persons as lead petitioner, the board shall appoint the members of
222	222	the local control commission in accordance with Subsection (b-1).
223	223	(c) The local control [charter] commission must complete a
224	224	proposed local control plan [charter] not later than the first
225	225	anniversary of the date of its appointment. After that date, the
226	226	commission expires and the appointment under Section 12.014 is
227	227	void.
228	228	(d) A local control [charter] commission appointed under
229	229	this section is considered a governmental body for purposes of
230	230	Chapters 551 and 552, Government Code.
231	231	(e) A local control commission shall hold at least three
232	232	public hearings to allow interested persons to present comments
233	233	related to the proposed local control plan developed by the
234	234	commission. The commission shall provide notice of each public
235	235	hearing to the public.
236	236	Sec. 12.016. CONTENT. (a) Each local control plan
237	237	[home-rule school district charter] must:
238	238	(1) describe the educational program to be offered;
239	239	(2) provide that continuation of the local control
240	240	[home-rule] school district [charter] is contingent on:
241	241	(A) acceptable student performance on assessment
242	242	instruments adopted under Subchapter B, Chapter 39; and
243	243	(B) compliance with other applicable
244	244	accountability provisions under Chapter 39;
245	245	(3) specify any basis, in addition to a basis
246	246	specified by this subchapter, on which the local control school
247	247	district [charter] may be placed on probation or the local control
248	248	plan may be revoked;
249	249	(4) describe the governing structure of the district
250	250	and campuses;
251	251	(5) specify any procedure or requirement, in addition
252	252	to those under Chapter 38, that the district will follow to ensure
253	253	the health and safety of students and employees;
254	254	(6) describe the process by which the district will
255	255	adopt an annual budget, including a description of the use of
256	256	program-weight funds;
257	257	(7) describe the manner in which an annual audit of
258	258	financial and programmatic operations of the district is to be
259	259	conducted, including the manner in which the district will provide
260	260	information necessary for the district to participate in the Public
261	261	Education Information Management System (PEIMS) to the extent
262	262	required by this subchapter; and
263	263	(8) include any other provision the charter commission
264	264	considers necessary.
265	265	(b) A local control plan may include provisions that impose
266	266	requirements on the district that are similar or identical to
267	267	federal or state laws that a local control school district is not
268	268	otherwise subject to under Section 12.012. A requirement imposed
269	269	under this subsection is not a school law of this state for purposes
270	270	of Section 7.057 and does not create an entitlement to a hearing
271	271	under Subchapter F or G, Chapter 21.
272	272	[Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING
273	273	RIGHTS ACT. (a) The charter commission shall submit the proposed
274	274	charter to the secretary of state. The secretary of state shall
275	275	determine whether a proposed charter contains a change in the
276	276	governance of the school district.
277	277	[(b) If the secretary of state determines that a proposed
278	278	charter contains a change in the governance of the school district,
279	279	the secretary of state shall, not later than the second working day
280	280	after the date the secretary of state makes that determination,
281	281	notify the board of trustees of the school district. The board shall
282	282	submit the proposed change to the United States Department of
283	283	Justice or the United States District Court for the District of
284	284	Columbia for preclearance under the Voting Rights Act (42 U.S.C.
285	285	Section 1973c et seq.).]
286	286	Sec. 12.018. LEGAL REVIEW. The local control [charter]
287	287	commission shall submit the proposed local control plan [charter]
288	288	to the commissioner. As soon as practicable, but not later than the
289	289	30th day after the date the commissioner receives the proposed
290	290	local control plan [charter], the commissioner shall review the
291	291	proposed local control plan [charter] to ensure that the proposed
292	292	local control plan [charter] complies with any applicable laws and
293	293	shall recommend to the local control [charter] commission any
294	294	modifications necessary. If the commissioner does not act within
295	295	the prescribed time, the proposed local control plan [charter] is
296	296	approved.
297	297	Sec. 12.019. LOCAL CONTROL PLAN [CHARTER] ELECTION. (a) As
298	298	soon as practicable after approval of a proposed local control plan
299	299	[home-rule school district charter] under Section 12.018, the board
300	300	of trustees of the district shall order an election on the proposed
301	301	local control plan [charter].
302	302	(b) The proposed local control plan [charter] shall be
303	303	submitted to the voters of the district at an election to be held on
304	304	the first uniform election date in November of an even-numbered
305	305	year that occurs at least 78 [45] days after the date on which the
306	306	board of trustees orders the election.
307	307	(c) At least three copies of the proposed local control plan
308	308	[charter] must be available in the office of each school campus in
309	309	the district and at the district's central administrative office
310	310	between the date of the election order and election day. Notice of
311	311	the election must include a statement of where and how copies may be
312	312	obtained or viewed. A summary of the content of the proposed local
313	313	control plan [charter] shall be attached to each copy. The summary
314	314	also shall be made available to school district employees, parents,
315	315	community members, and members of the media.
316	316	(d) The ballot shall be printed to permit voting for or
317	317	against the proposition "Whether the (name of school district)
318	318	School District shall be governed under the local control plan
319	319	[home-rule school district charter], which is proposed by a local
320	320	control [charter] commission appointed by the board of trustees and
321	321	under which only certain laws and rules apply to the district."
322	322	Sec. 12.020. LOCAL CONTROL PLAN [CHARTER] AMENDMENT. (a)
323	323	At any time after the fourth year that a school district has
324	324	operated under a local control plan, the [The] governing body of the
325	325	local control [a home-rule] school district on its own motion may
326	326	submit a proposed [charter] amendment to the local control plan
327	327	that complies with this subchapter to the commissioner for legal
328	328	review.
329	329	(b) A petition to amend a local control plan may be
330	330	submitted to the governing body of the district at any time after
331	331	the fourth year that the district has operated under the local
332	332	control plan. On receipt of a petition, the [The] governing body
333	333	shall submit a proposed [charter] amendment that complies with this
334	334	subchapter to the commissioner for legal review if the [a] petition
335	335	[submitted to the governing body proposing the charter amendment]
336	336	is signed by at least five percent of the registered voters of the
337	337	district. The petition must designate one or more persons as lead
338	338	petitioner.
339	339	(c) As soon as practicable, but not later than the 30th day
340	340	after the date on which the requirements [for an election] under
341	341	Subsection (a) or (b) are satisfied, the commissioner shall review
342	342	the proposed amendment to ensure that the proposed amendment
343	343	complies with any applicable laws and shall recommend any
344	344	modifications necessary. If the commissioner does not act within
345	345	the prescribed time, the proposed [charter] amendment is approved.
346	346	(d) As soon as practicable after commissioner review under
347	347	Subsection (c), the governing body of the district shall order an
348	348	election on the proposed amendment.
349	349	(e) An election under this section shall be held on the
350	350	first uniform election date in November of an even-numbered year
351	351	that occurs at least 78 [45] days after the date the election is
352	352	ordered.
353	353	(f) Notice of the election must include a substantial copy
354	354	of the proposed [charter] amendment to the local control plan.
355	355	(g) An [A charter] amendment to a local control plan may not
356	356	contain more than one subject.
357	357	(h) The ballot shall be prepared so that a voter may approve
358	358	or disapprove any one or more [charter] amendments to a local
359	359	control plan without having to approve or disapprove all of the
360	360	[charter] amendments to a local control plan.
361	361	(i) The governing body may not order an election on a
362	362	proposed [charter] amendment to a local control plan earlier than
363	363	the first anniversary of the date of any previous election to amend
364	364	the plan [charter].
365	365	[(j) Section 12.017 applies to a proposed charter
366	366	amendment, except that the governing body shall submit the proposed
367	367	charter amendment to the secretary of state.]
368	368	Sec. 12.021. ADOPTION OF LOCAL CONTROL PLAN [CHARTER] OR
369	369	[CHARTER] AMENDMENT. (a) A [Subject to Section 12.022, a] proposed
370	370	local control plan [home-rule school district charter] or a
371	371	proposed [charter] amendment to a local control plan is adopted if
372	372	approved by a majority of the qualified voters of the district
373	373	voting at an election held for that purpose.
374	374	(b) A local control plan [charter] or [charter] amendment to
375	375	a local control plan shall specify an effective date, which may not
376	376	be earlier than the end of the school year during which the election
377	377	to adopt a local control plan or amendment to a local control plan
378	378	occurs. A local control plan or amendment to a local control plan
379	379	[and] takes effect according to its terms when the board of trustees
380	380	or governing body of the school district enters an order declaring
381	381	that the plan [charter] or [charter] amendment is adopted. The
382	382	board of trustees or governing body shall enter an order not later
383	383	than the 10th day after the date the canvass of the election returns
384	384	is completed.
385	385	(c) As soon as practicable after a school district adopts a
386	386	local control plan or amendment to a local control plan [home-rule
387	387	school district charter or charter amendment], the board of
388	388	trustees or governing body shall notify the commissioner of the
389	389	outcome of the election.
390	390	Sec. 12.022. [MINIMUM VOTER TURNOUT REQUIRED. (a) An
391	391	election on the adoption of a proposed home-rule school district
392	392	charter has no effect unless at least 25 percent of the registered
393	393	voters of the district vote in the election in which the adoption of
394	394	the charter is on the ballot.
395	395	[(b) An election on the adoption of a proposed amendment to
396	396	a home-rule school district charter has no effect unless at least 20
397	397	percent of the registered voters of the district vote in the
398	398	election in which the adoption of the amendment is on the ballot.
399	399	[(c) If the required number of voters prescribed by
400	400	Subsection (a) or (b) do not vote in the election, the board of
401	401	trustees shall order an election on the issue to be held on the
402	402	first uniform election date:
403	403	[(1) that occurs at least 45 days after the date the
404	404	election is ordered; and
405	405	[(2) on which one or more elections are to be held, the
406	406	combination of which covers all of the territory of the school
407	407	district.
408	408	[(d) If the required number of voters prescribed by
409	409	Subsection (a) or (b) do not vote at an election ordered as required
410	410	by Subsection (c), the board of trustees may continue to order
411	411	elections on the issue in accordance with Subsection (c) until the
412	412	required minimum voter turnout is achieved.
413	413	[Sec. 12.023. CERTIFICATION OF CHARTER OR CHARTER
414	414	AMENDMENT. (a) As soon as practicable after a school district
415	415	adopts a home-rule school district charter or charter amendment,
416	416	the president of the board of trustees shall certify to the
417	417	secretary of state a copy of the charter or amendment showing the
418	418	approval by the voters of the district.
419	419	[(b) The secretary of state shall file and record the
420	420	certification in the secretary of state's office.
421	421	[Sec. 12.024. EFFECT OF RECORDING CHARTER OR CHARTER
422	422	AMENDMENT. A recorded charter or charter amendment is a public act.
423	423	A court shall take judicial notice of a recorded charter or charter
424	424	amendment and proof is not required of its provisions.
425	425	[Sec. 12.025.] GOVERNANCE. (a) A local control
426	426	[home-rule] school district may adopt and operate under any
427	427	governing structure.
428	428	(b) In conformity with the local control plan, the governing
429	429	body of the [The] district may:
430	430	(1) create offices;
431	431	(2) determine the time and method for selecting
432	432	officers; [and]
433	433	(3) prescribe the qualifications and duties of
434	434	officers; and
435	435	(4) prescribe procedures to recall or remove members
436	436	or officers.
437	437	(c) Subject to Subsection (b)(4), the [The] term of any
438	438	member of the governing body [officer] of the district is
439	439	determined under Section 11.059.
440	440	Sec. 12.023 [12.026]. CHANGE IN GOVERNING BODY. If the
441	441	adoption, amendment, or revocation of a local control plan
442	442	[home-rule school district charter] changes the structure of the
443	443	governing body of the school district, the members of the governing
444	444	body serving on the date the adoption, amendment, or revocation
445	445	takes effect continue in office until their successors are chosen
446	446	and have qualified for office.
447	447	Sec. 12.024 [12.027]. BASIS FOR PLACEMENT ON PROBATION OR
448	448	REVOCATION OF LOCAL CONTROL PLAN [CHARTER]. (a) The commissioner
449	449	[State Board of Education] may place a local control school
450	450	district on probation or revoke the local control plan [a home-rule
451	451	school district charter] of a school district if the commissioner
452	452	[board] determines that the district:
453	453	(1) committed a material violation of the local
454	454	control plan [charter];
455	455	(2) failed to satisfy generally accepted accounting
456	456	standards of fiscal management; or
457	457	(3) failed to comply with this subchapter or other
458	458	applicable federal or state law or rule.
459	459	(b) The action the commissioner [board] takes under
460	460	Subsection (a) shall be based on the best interest of district
461	461	students, the severity of the violation, and any previous violation
462	462	the district has committed.
463	463	(c) A district whose local control plan [home-rule school
464	464	district charter] is revoked or rescinded under this subchapter
465	465	shall operate under the other provisions of Title 1 and this title
466	466	that apply to school districts.
467	467	Sec. 12.025 [12.028]. PROCEDURE FOR PLACEMENT ON PROBATION
468	468	OR REVOCATION. (a) The commissioner [State Board of Education] by
469	469	rule shall adopt a procedure to be used for placing a local control
470	470	school district on probation or revoking a local control plan
471	471	[home-rule school district charter].
472	472	(b) The procedure adopted under Subsection (a) must provide
473	473	an opportunity for a hearing to the district and to parents of
474	474	district students. A hearing under this subsection must be held in
475	475	the district.
476	476	Sec. 12.026 [12.029]. STATUS OF DISTRICT IN CASE OF
477	477	ANNEXATION OR CONSOLIDATION. (a) If a school district is annexed
478	478	to another district under Chapter 13, and only one of the districts
479	479	has a local control [home-rule] school district status, the
480	480	status[, as a home-rule or other type of school district,] of the
481	481	receiving district is the status for both districts following
482	482	annexation.
483	483	(b) Except as provided by Subchapter H, Chapter 41, if two
484	484	or more school districts having different status, one of which is
485	485	local control [home-rule] school district status, consolidate into
486	486	a single district, the petition under Section 13.003 initiating the
487	487	consolidation must state the status for the consolidated district.
488	488	The ballot shall be printed to permit voting for or against the
489	489	proposition: "Consolidation of (names of school districts) into a
490	490	single school district governed as (status of school district
491	491	specified in the petition)."
492	492	Sec. 12.027 [12.030]. RESCISSION OF LOCAL CONTROL PLAN
493	493	[CHARTER]. (a) A local control plan [home-rule school district
494	494	charter] may be rescinded as provided by this section.
495	495	(b) The governing body of the district shall order an
496	496	election on the question of rescinding a local control plan
497	497	[home-rule school district charter] if:
498	498	(1) the governing body receives a petition requesting
499	499	a rescission election signed by at least five percent of the
500	500	registered voters of the district; or
501	501	(2) at least two-thirds of the total membership of the
502	502	governing body adopt a resolution ordering that a rescission
503	503	election be held.
504	504	(c) As soon as practicable after the date of receipt or
505	505	adoption of a resolution under Subsection (b), the governing body
506	506	shall order an election.
507	507	(d) The proposition to rescind the local control plan
508	508	[home-rule school district charter] shall be submitted to the
509	509	voters of the district at an election to be held on the first
510	510	uniform election date in November of an even-numbered year that
511	511	occurs at least 78 [45] days after the date on which the governing
512	512	body orders the election.
513	513	(e) The ballot shall be printed to permit voting for or
514	514	against the proposition: "Whether the local control plan [home-rule
515	515	school district charter] of (name of school district) shall be
516	516	rescinded so that the school district becomes an independent school
517	517	district."
518	518	(f) A local control plan [home-rule school district
519	519	charter] is rescinded if the rescission is approved by a majority of
520	520	the qualified voters of the district voting at an election held for
521	521	that purpose [at which at least 25 percent of the registered voters
522	522	of the district vote].
523	523	(g) The rescission takes effect on a date established by
524	524	resolution of the governing body but not earlier than the end of the
525	525	school year during which the election to rescind the local control
526	526	plan occurs [later than the 90th day after the date of an election
527	527	held under this section at which rescission of the charter is
528	528	approved and at which the number of registered voters required
529	529	under Subsection (f) vote]. As soon as practicable after that
530	530	election, the governing body shall notify the commissioner and the
531	531	secretary of state of the results of the election and of the
532	532	effective date of the rescission.
533	533	(h) The rescission of a local control plan [home-rule school
534	534	district charter] under this section does not affect:
535	535	(1) the district's boundaries; or
536	536	(2) taxes or bonds of the district authorized before
537	537	the effective date of the rescission.
538	538	SECTION 6. Section 12.051(2), Education Code, is amended to
539	539	read as follows:
540	540	(2) "Board" and "board of trustees" mean the board of
541	541	trustees of a school district or the governing body of a local
542	542	control [home-rule] school district.
543	543	SECTION 7. Section 12.052(a), Education Code, is amended to
544	544	read as follows:
545	545	(a) In accordance with this subchapter, the board of
546	546	trustees of a school district or the governing body of a local
547	547	control [home-rule] school district shall grant or deny, through a
548	548	public vote of the board of trustees or governing body, a charter to
549	549	parents and teachers for a campus or a program on a campus if the
550	550	board is presented with a petition signed by:
551	551	(1) the parents of a majority of the students at that
552	552	school campus; and
553	553	(2) a majority of the classroom teachers at that
554	554	school campus.
555	555	SECTION 8. Section 12.0521(a), Education Code, is amended
556	556	to read as follows:
557	557	(a) Notwithstanding Section 12.052, in accordance with this
558	558	subchapter and in the manner provided by this section, the board of
559	559	trustees of a school district or the governing body of a local
560	560	control [home-rule] school district may grant a charter for:
561	561	(1) a new district campus; or
562	562	(2) a program that is operated:
563	563	(A) by an entity that has entered into a contract
564	564	with the district under Section 11.157 to provide educational
565	565	services to the district through the campus or program; and
566	566	(B) at a facility located in the boundaries of
567	567	the district.
568	568	SECTION 9. Section 12.0522(a), Education Code, is amended
569	569	to read as follows:
570	570	(a) Notwithstanding Section 12.052, in the manner provided
571	571	by this section, the board of trustees of a school district or the
572	572	governing body of a local control [home-rule] school district may
573	573	grant a district charter to a campus to the extent authorized under
574	574	this section.
575	575	SECTION 10. Section 12.101(a), Education Code, is amended
576	576	to read as follows:
577	577	(a) In accordance with this subchapter, the commissioner
578	578	may grant a charter on the application of an eligible entity for an
579	579	open-enrollment charter school to operate in a facility of a
580	580	commercial or nonprofit entity, an eligible entity, or a school
581	581	district, including a local control [home-rule] school district.
582	582	In this subsection, "eligible entity" means:
583	583	(1) an institution of higher education as defined
584	584	under Section 61.003;
585	585	(2) a private or independent institution of higher
586	586	education as defined under Section 61.003;
587	587	(3) an organization that is exempt from taxation under
588	588	Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
589	589	501(c)(3)); or
590	590	(4) a governmental entity.
591	591	SECTION 11. Sections 22.003(d) and (e), Education Code, are
592	592	amended to read as follows:
593	593	(d) A school district employee with available personal
594	594	leave under this section is entitled to use the leave for
595	595	compensation during a term of active military service. This
596	596	subsection applies to any personal or sick leave available under
597	597	former law or provided by local policy of a school district,
598	598	including a local control [home-rule] school district.
599	599	(e) A school district, including a local control
600	600	[home-rule] school district, may adopt a policy providing for the
601	601	paid leave of absence of employees taking leave for active military
602	602	service as part of the consideration of employment by the district.
603	603	SECTION 12. Section 37.007(e), Education Code, is amended
604	604	to read as follows:
605	605	(e) In accordance with 20 U.S.C. Section 7151, a local
606	606	educational agency, including a school district, local control
607	607	[home-rule] school district, or open-enrollment charter school,
608	608	shall expel a student who brings a firearm, as defined by 18 U.S.C.
609	609	Section 921, to school. The student must be expelled from the
610	610	student's regular campus for a period of at least one year, except
611	611	that:
612	612	(1) the superintendent or other chief administrative
613	613	officer of the school district or of the other local educational
614	614	agency, as defined by 20 U.S.C. Section 7801, may modify the length
615	615	of the expulsion in the case of an individual student;
616	616	(2) the district or other local educational agency
617	617	shall provide educational services to an expelled student in a
618	618	disciplinary alternative education program as provided by Section
619	619	37.008 if the student is younger than 10 years of age on the date of
620	620	expulsion; and
621	621	(3) the district or other local educational agency may
622	622	provide educational services to an expelled student who is 10 years
623	623	of age or older in a disciplinary alternative education program as
624	624	provided in Section 37.008.
625	625	SECTION 13. Section 37.022(a)(2), Education Code, is
626	626	amended to read as follows:
627	627	(2) "District or school" includes an independent
628	628	school district, a local control [home-rule] school district, a
629	629	campus or campus program charter holder, or an open-enrollment
630	630	charter school.
631	631	SECTION 14. Section 38.152, Education Code, is amended to
632	632	read as follows:
633	633	Sec. 38.152. APPLICABILITY. This subchapter applies to an
634	634	interscholastic athletic activity, including practice and
635	635	competition, sponsored or sanctioned by:
636	636	(1) a school district, including a local control
637	637	[home-rule] school district, or a public school, including any
638	638	school for which a charter has been granted under Chapter 12; or
639	639	(2) the University Interscholastic League.
640	640	SECTION 15. Section 38.157(c), Education Code, is amended
641	641	to read as follows:
642	642	(c) The school district superintendent or the
643	643	superintendent's designee or, in the case of a local control
644	644	[home-rule] school district or open-enrollment charter school, the
645	645	person who serves the function of superintendent or that person's
646	646	designee shall supervise an athletic trainer or other person
647	647	responsible for compliance with the return-to-play protocol. The
648	648	person who has supervisory responsibilities under this subsection
649	649	may not be a coach of an interscholastic athletics team.
650	650	SECTION 16. Section 38.158(f), Education Code, is amended
651	651	to read as follows:
652	652	(f) Each person described by Subsection (c) must submit
653	653	proof of timely completion of an approved course in compliance with
654	654	Subsection (e) to the school district superintendent or the
655	655	superintendent's designee or, in the case of a local control
656	656	[home-rule] school district or open-enrollment charter school, a
657	657	person who serves the function of a superintendent or that person's
658	658	designee.
659	659	SECTION 17. Section 39.102(a), Education Code, is amended
660	660	to read as follows:
661	661	(a) If a school district does not satisfy the accreditation
662	662	criteria under Section 39.052, the academic performance standards
663	663	under Section 39.053 or 39.054, or any financial accountability
664	664	standard as determined by commissioner rule, the commissioner shall
665	665	take any of the following actions to the extent the commissioner
666	666	determines necessary:
667	667	(1) issue public notice of the deficiency to the board
668	668	of trustees;
669	669	(2) order a hearing conducted by the board of trustees
670	670	of the district for the purpose of notifying the public of the
671	671	insufficient performance, the improvements in performance expected
672	672	by the agency, and the interventions and sanctions that may be
673	673	imposed under this section if the performance does not improve;
674	674	(3) order the preparation of a student achievement
675	675	improvement plan that addresses each student achievement indicator
676	676	under Section 39.053(c) for which the district's performance is
677	677	insufficient, the submission of the plan to the commissioner for
678	678	approval, and implementation of the plan;
679	679	(4) order a hearing to be held before the commissioner
680	680	or the commissioner's designee at which the president of the board
681	681	of trustees of the district and the superintendent shall appear and
682	682	explain the district's low performance, lack of improvement, and
683	683	plans for improvement;
684	684	(5) arrange an on-site investigation of the district;
685	685	(6) appoint an agency monitor to participate in and
686	686	report to the agency on the activities of the board of trustees or
687	687	the superintendent;
688	688	(7) appoint a conservator to oversee the operations of
689	689	the district;
690	690	(8) appoint a management team to direct the operations
691	691	of the district in areas of insufficient performance or require the
692	692	district to obtain certain services under a contract with another
693	693	person;
694	694	(9) if a district has a current accreditation status
695	695	of accredited-warned or accredited-probation, fails to satisfy any
696	696	standard under Section 39.054(e), or fails to satisfy financial
697	697	accountability standards as determined by commissioner rule,
698	698	appoint a board of managers to exercise the powers and duties of the
699	699	board of trustees;
700	700	(10) if for two consecutive school years, including
701	701	the current school year, a district has received an accreditation
702	702	status of accredited-warned or accredited-probation, has failed to
703	703	satisfy any standard under Section 39.054(e), or has failed to
704	704	satisfy financial accountability standards as determined by
705	705	commissioner rule, revoke the district's accreditation and:
706	706	(A) order closure of the district and annex the
707	707	district to one or more adjoining districts under Section 13.054;
708	708	or
709	709	(B) in the case of a local control [home-rule]
710	710	school district or open-enrollment charter school, order closure of
711	711	all programs operated under the district's local control plan or
712	712	school's charter; or
713	713	(11) if a district has failed to satisfy any standard
714	714	under Section 39.054(e) due to the district's dropout rates, impose
715	715	sanctions designed to improve high school completion rates,
716	716	including:
717	717	(A) ordering the development of a dropout
718	718	prevention plan for approval by the commissioner;
719	719	(B) restructuring the district or appropriate
720	720	school campuses to improve identification of and service to
721	721	students who are at risk of dropping out of school, as defined by
722	722	Section 29.081;
723	723	(C) ordering lower student-to-counselor ratios
724	724	on school campuses with high dropout rates; and
725	725	(D) ordering the use of any other intervention
726	726	strategy effective in reducing dropout rates, including mentor
727	727	programs and flexible class scheduling.
728	728	SECTION 18. Section 42.152(c), Education Code, is amended
729	729	to read as follows:
730	730	(c) Funds allocated under this section shall be used to fund
731	731	supplemental programs and services designed to eliminate any
732	732	disparity in performance on assessment instruments administered
733	733	under Subchapter B, Chapter 39, or disparity in the rates of high
734	734	school completion between students at risk of dropping out of
735	735	school, as defined by Section 29.081, and all other students.
736	736	Specifically, the funds, other than an indirect cost allotment
737	737	established under State Board of Education rule, which may not
738	738	exceed 45 percent, may be used to meet the costs of providing a
739	739	compensatory, intensive, or accelerated instruction program under
740	740	Section 29.081 or a disciplinary alternative education program
741	741	established under Section 37.008, to pay the costs associated with
742	742	placing students in a juvenile justice alternative education
743	743	program established under Section 37.011, or to support a program
744	744	eligible under Title I of the Elementary and Secondary Education
745	745	Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
746	746	amendments, and by federal regulations implementing that Act, at a
747	747	campus at which at least 40 percent of the students are
748	748	educationally disadvantaged. In meeting the costs of providing a
749	749	compensatory, intensive, or accelerated instruction program under
750	750	Section 29.081, a district's compensatory education allotment
751	751	shall be used for costs supplementary to the regular education
752	752	program, such as costs for program and student evaluation,
753	753	instructional materials and equipment and other supplies required
754	754	for quality instruction, supplemental staff expenses, salary for
755	755	teachers of at-risk students, smaller class size, and
756	756	individualized instruction. A local control [home-rule] school
757	757	district or an open-enrollment charter school must use funds
758	758	allocated under Subsection (a) for a purpose authorized in this
759	759	subsection but is not otherwise subject to Subchapter C, Chapter
760	760	29. For purposes of this subsection, a program specifically
761	761	designed to serve students at risk of dropping out of school, as
762	762	defined by Section 29.081, is considered to be a program
763	763	supplemental to the regular education program, and a district may
764	764	use its compensatory education allotment for such a program.
765	765	SECTION 19. Section 41.0052, Election Code, is amended by
766	766	adding Subsection (a-1) to read as follows:
767	767	(a-1) A school district or local control school district
768	768	that holds its general election for officers on a date other than
769	769	the November uniform election date of an even-numbered year may
770	770	change the date on which it holds its general election for officers
771	771	to the November uniform election date by adopting a local control
772	772	plan or an amendment to a local control plan under Subchapter B,
773	773	Chapter 12, Education Code.
774	774	SECTION 20. Section 7.102(c)(8), Education Code, is
775	775	repealed.
776	776	SECTION 21. This Act takes effect immediately if it
777	777	receives a vote of two-thirds of all the members elected to each
778	778	house, as provided by Section 39, Article III, Texas Constitution.
779	779	If this Act does not receive the vote necessary for immediate
780	780	effect, this Act takes effect September 1, 2015.