Texas 2015 - 84th Regular

Texas House Bill HB3281 Compare Versions

Only one version of the bill is available at this time.

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1	1	84R8931 JSL-F
2	2	By: Frank H.B. No. 3281
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school accountability.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.1141, Education Code, is amended by
10	10	amending Subsections (d) and (k) and adding Subsections (l) and (m)
11	11	to read as follows:
12	12	(d) At the end of the term of a charter for an
13	13	open-enrollment charter school, if a charter holder submits to the
14	14	commissioner a petition for renewal of the charter, the
15	15	commissioner may not renew the charter and shall allow the charter
16	16	to expire if:
17	17	(1) the charter holder has been assigned the lowest
18	18	performance rating under Subchapter C, Chapter 39, for any three of
19	19	the five preceding school years;
20	20	(2) the charter holder has been assigned a financial
21	21	accountability performance rating under Subchapter D, Chapter 39,
22	22	indicating financial performance that is lower than satisfactory
23	23	for any three of the five preceding school years; or
24	24	(3) [the charter holder has been assigned any
25	25	combination of the ratings described by Subdivision (1) or (2) for
26	26	any three of the five preceding school years; or
27	27	[(4)] any campus operating under the charter has been
28	28	assigned the lowest performance rating under Subchapter C, Chapter
29	29	39, for the three preceding school years and such a campus has not
30	30	been closed.
31	31	(k) For purposes of determination of renewal under
32	32	Subsection (b)(1) or (3) or (d)(1) or (3) [(4)], performance during
33	33	the 2011-2012 school year may not be considered. For purposes of
34	34	determination of renewal under Subsection (b)(1) or (3) or (d)(1)
35	35	or (3) [(4)], the initial three school years for which performance
36	36	ratings under Subchapter C, Chapter 39, shall be considered are the
37	37	2009-2010, 2010-2011, and 2012-2013 school years. For purposes of
38	38	determination of renewal under Subsection (b)(2) or (d)(2), the
39	39	earliest school year for which financial accountability
40	40	performance ratings under Subchapter D, Chapter 39, may be
41	41	considered is the 2010-2011 school year. This subsection expires
42	42	September 1, 2016.
43	43	(l) For purposes of determination of renewal under
44	44	Subsection (d)(1), the charter holder's first assigned performance
45	45	rating under Subchapter C, Chapter 39, may not be considered. For
46	46	purposes of determination of renewal under Subsection (d)(2), the
47	47	charter holder's first assigned performance rating under
48	48	Subchapter D, Chapter 39, may not be considered.
49	49	(m) For purposes of determination of renewal under
50	50	Subsection (d)(1), the charter holder's assigned performance
51	51	rating under Subchapter C, Chapter 39, may not be considered unless
52	52	the accountability ratings criteria and targets for assigning the
53	53	performance rating are adopted in rule and have been in effect as
54	54	adopted for at least two full school years preceding the date on
55	55	which the rating was assigned. For purposes of determination of
56	56	renewal under Subsection (d)(2), the charter holder's assigned
57	57	performance rating under Subchapter D, Chapter 39, may not be
58	58	considered unless the financial accountability rating system on
59	59	which the performance rating is based is adopted in rule and has
60	60	been in effect as adopted for at least two full school years
61	61	preceding the date on which the rating was assigned.
62	62	SECTION 2. Section 12.115, Education Code, is amended by
63	63	amending Subsections (a), (b), (c), and (c-1) and adding
64	64	Subsections (c-2) and (c-3) to read as follows:
65	65	(a) The [Except as provided by Subsection (c), the]
66	66	commissioner shall revoke the charter of an open-enrollment charter
67	67	school or reconstitute the governing body of the charter holder if
68	68	the commissioner determines that the charter holder:
69	69	(1) committed a material violation of the charter,
70	70	including failure to satisfy accountability provisions prescribed
71	71	by the charter;
72	72	(2) failed to satisfy generally accepted accounting
73	73	standards of fiscal management;
74	74	(3) failed to protect the health, safety, or welfare
75	75	of the students enrolled at the school;
76	76	(4) failed to comply with this subchapter or another
77	77	applicable law or rule;
78	78	(5) failed to satisfy the performance framework
79	79	standards adopted under Section 12.1181; or
80	80	(6) is imminently insolvent as determined by the
81	81	commissioner in accordance with commissioner rule.
82	82	(b) The action the commissioner takes under Subsection (a)
83	83	shall be based on the best interest of the open-enrollment charter
84	84	school's students, the severity of the violation, any previous
85	85	violation the school has committed, and the accreditation status of
86	86	the school. The commissioner shall also consider whether:
87	87	(1) the charter holder has:
88	88	(A) timely complied with any corrective action
89	89	plans relating to the violation;
90	90	(B) no prior or subsequent history of similar
91	91	violations; and
92	92	(C) remedied the violation without intervention
93	93	by the commissioner and has taken proactive measures to prevent
94	94	reoccurrence; and
95	95	(2) substantial amounts of time have passed between
96	96	the occurrences of the violation.
97	97	(c) The commissioner shall revoke the charter of an
98	98	open-enrollment charter school or reconstitute the governing body
99	99	of the charter holder if:
100	100	(1) the charter holder has been assigned an
101	101	unacceptable performance rating under Subchapter C, Chapter 39, for
102	102	the three preceding school years; or
103	103	(2) the charter holder has been assigned a financial
104	104	accountability performance rating under Subchapter D, Chapter 39,
105	105	indicating financial performance lower than satisfactory for the
106	106	three preceding school years[; or
107	107	[(3) the charter holder has been assigned any
108	108	combination of the ratings described by Subdivision (1) or (2) for
109	109	the three preceding school years].
110	110	(c-1) [For purposes of revocation under Subsection (c)(1),
111	111	performance during the 2011-2012 school year may not be
112	112	considered.] For purposes of revocation under Subsection (c)(1),
113	113	the first [initial three] school year [years] for which performance
114	114	ratings under Subchapter C, Chapter 39, shall be considered is
115	115	[are] the [2009-2010, 2010-2011, and] 2012-2013 school year
116	116	[years]. For purposes of revocation under Subsection (c)(2), the
117	117	first [initial three] school year [years] for which financial
118	118	accountability performance ratings under Subchapter D, Chapter 39,
119	119	shall be considered is [are] the 2015-2016 [2010-2011, 2011-2012,
120	120	and 2012-2013] school year [years]. This subsection expires
121	121	September 1, 2018 [2016].
122	122	(c-2) For purposes of revocation under Subsection (c)(1), a
123	123	charter holder's first assigned performance rating under
124	124	Subchapter C, Chapter 39, may not be considered. For purposes of
125	125	revocation under Subsection (c)(2), a charter holder's first
126	126	assigned performance rating under Subchapter D, Chapter 39, may not
127	127	be considered.
128	128	(c-3) For purposes of revocation under Subsection (c)(1), a
129	129	charter holder's assigned performance rating under Subchapter C,
130	130	Chapter 39, may not be considered unless the accountability ratings
131	131	criteria and targets for assigning the performance rating are
132	132	adopted in rule and have been in effect as adopted for at least two
133	133	full school years preceding the date on which the rating was
134	134	assigned. For purposes of revocation under Subsection (c)(2), the
135	135	charter holder's assigned performance rating under Subchapter D,
136	136	Chapter 39, may not be considered unless the financial
137	137	accountability rating system on which the performance rating is
138	138	based is adopted in rule and has been in effect as adopted for at
139	139	least two full school years preceding the date on which the rating
140	140	was assigned.
141	141	SECTION 3. Subchapter D, Chapter 12, Education Code, is
142	142	amended by adding Section 12.1151 to read as follows:
143	143	Sec. 12.1151. ALTERNATIVES TO REVOCATION. (a) Before the
144	144	commissioner revokes the charter of an open-enrollment charter
145	145	school under Section 12.115(c), the commissioner shall consider an
146	146	alternative operation of the school proposed by the charter holder
147	147	as provided by this section.
148	148	(b) A charter holder whose charter is subject to revocation
149	149	under Section 12.115(c) may request the commissioner:
150	150	(1) to assign operation of one or more campuses
151	151	operated under the charter to a different charter holder who
152	152	consents to the assignment;
153	153	(2) to transfer the charter to a different charter
154	154	holder who consents to the transfer;
155	155	(3) to consolidate the charter with the charter of a
156	156	different charter holder who consents to the consolidation; or
157	157	(4) to take any other reasonable and equitable action
158	158	as an alternative to charter revocation.
159	159	(c) A charter holder that is involved as an alternative to
160	160	the original charter holder as provided by Subsection (b) must not
161	161	have been assigned:
162	162	(1) an unacceptable performance rating under
163	163	Subchapter C, Chapter 39, for the two preceding school years; or
164	164	(2) a financial accountability performance rating
165	165	under Subchapter D, Chapter 39, indicating financial performance
166	166	lower than satisfactory for the two preceding school years.
167	167	(d) Any action the commissioner takes under this section
168	168	must be based on the best interest of the students of the
169	169	open-enrollment charter school for which the commissioner approves
170	170	an alternative operation under Subsection (a).
171	171	SECTION 4. Section 12.116, Education Code, is amended by
172	172	amending Subsections (a) and (c) and adding Subsection (a-1) to
173	173	read as follows:
174	174	(a) The commissioner shall adopt an informal procedure to be
175	175	used for:
176	176	(1) revoking the charter of an open-enrollment charter
177	177	school or for reconstituting the governing body of the charter
178	178	holder as authorized by Section 12.115; and
179	179	(2) denying the renewal of a charter of an
180	180	open-enrollment charter school as authorized by Section
181	181	12.1141(c).
182	182	(a-1) The procedure adopted under Subsection (a) must allow
183	183	representatives of the charter holder to meet with the commissioner
184	184	to discuss the commissioner's decision and must allow the charter
185	185	holder to submit additional information to the commissioner
186	186	relating to the commissioner's decision. In a final decision issued
187	187	by the commissioner, the commissioner shall provide a written
188	188	response to any information the charter holder submits under this
189	189	subsection.
190	190	(c) A decision by the commissioner to revoke a charter is
191	191	subject to review by the State Office of Administrative Hearings.
192	192	As part of a review under this subsection, the State Office of
193	193	Administrative Hearings may, subject to Section 39.151(d), also
194	194	review a performance rating under Subchapter C, Chapter 39, or a
195	195	financial accountability performance rating under Subchapter D,
196	196	Chapter 39. Notwithstanding Chapter 2001, Government Code:
197	197	(1) the administrative law judge shall uphold a
198	198	decision by the commissioner to revoke a charter unless the judge
199	199	finds the decision is arbitrary and capricious or clearly
200	200	erroneous; and
201	201	(2) a decision of the administrative law judge under
202	202	this subsection is final and may not be appealed.
203	203	SECTION 5. Section 39.151, Education Code, is amended by
204	204	amending Subsection (b) and adding Subsection (c-1) to read as
205	205	follows:
206	206	(b) The rules under Subsection (a) must provide for the
207	207	commissioner to appoint a committee to make recommendations to the
208	208	commissioner on a challenge made to an agency decision relating to
209	209	an academic performance rating or determination or financial
210	210	accountability rating. The committee shall review the challenge
211	211	regardless of the issue identified in the challenge by the school
212	212	district or open-enrollment charter school. The commissioner may
213	213	not appoint an agency employee as a member of the committee.
214	214	(c-1) The commissioner may not limit a challenge relating to
215	215	a data or calculation error or inaccuracy attributable to the
216	216	school district or open-enrollment charter school, even if the
217	217	challenge demonstrates the data or calculation error or inaccuracy
218	218	caused the district or school to have a lower academic or financial
219	219	accountability rating. If a challenge demonstrates that the data or
220	220	calculation error or inaccuracy caused the district or school to
221	221	have a lower academic or financial accountability rating, the
222	222	commissioner shall assign the district or school the corrected
223	223	rating or shall indicate that the district or school will not be
224	224	rated for that school year. The commissioner may not revoke the
225	225	charter of an open-enrollment charter school or reconstitute the
226	226	governing body of a charter holder as provided by Section 12.115(c)
227	227	if the school is not rated as provided by this subsection.
228	228	SECTION 6. This Act applies beginning with the 2015-2016
229	229	school year.
230	230	SECTION 7. This Act takes effect immediately if it receives
231	231	a vote of two-thirds of all the members elected to each house, as
232	232	provided by Section 39, Article III, Texas Constitution. If this
233	233	Act does not receive the vote necessary for immediate effect, this
234	234	Act takes effect September 1, 2015.