Texas 2015 - 84th Regular

Texas House Bill HB3487 Compare Versions

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

Old	New	Differences
1	1	84R10665 KJE-F
2	2	By: King of Hemphill H.B. No. 3487
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to operation of open-enrollment charter schools,
8	8	including parental rights, applicability of certain laws, and
9	9	admission policy.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.1051, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 12.1051. APPLICABILITY OF OPEN MEETINGS AND PUBLIC
14	14	INFORMATION LAWS. (a) With respect to the operation of an
15	15	open-enrollment charter school, the governing body of a charter
16	16	holder, [and] the governing body of an open-enrollment charter
17	17	school, and a management company are considered to be governmental
18	18	bodies for purposes of Chapters 551 and 552, Government Code.
19	19	(b) With respect to the operation of an open-enrollment
20	20	charter school, any requirement in Chapter 551 or 552, Government
21	21	Code, or another law that concerns open meetings or the
22	22	availability of information, that applies to a school district, the
23	23	board of trustees of a school district, or public school students
24	24	applies to an open-enrollment charter school, the governing body of
25	25	a charter holder, the governing body of an open-enrollment charter
26	26	school, a management company, or students attending an
27	27	open-enrollment charter school.
28	28	SECTION 2. Section 12.111(a), Education Code, is amended to
29	29	read as follows:
30	30	(a) Each charter granted under this subchapter must:
31	31	(1) describe the educational program to be offered,
32	32	which must include the required curriculum as provided by Section
33	33	28.002;
34	34	(2) provide that continuation of the charter is
35	35	contingent on the status of the charter as determined under Section
36	36	12.1141 or 12.115 or under Subchapter E, Chapter 39;
37	37	(3) specify the academic, operational, and financial
38	38	performance expectations by which a school operating under the
39	39	charter will be evaluated, which must include applicable elements
40	40	of the performance frameworks adopted under Section 12.1181;
41	41	(4) specify:
42	42	(A) any basis, in addition to a basis specified
43	43	by this subchapter or Subchapter E, Chapter 39, on which the charter
44	44	may be revoked, renewal of the charter may be denied, or the charter
45	45	may be allowed to expire; and
46	46	(B) the standards for evaluation of a school
47	47	operating under the charter for purposes of charter renewal, denial
48	48	of renewal, expiration, revocation, or other intervention in
49	49	accordance with Section 12.1141 or 12.115 or Subchapter E, Chapter
50	50	39, as applicable;
51	51	(5) prohibit discrimination in admission policy on the
52	52	basis of sex, national origin, ethnicity, religion, disability,
53	53	academic, artistic, or athletic ability, or the district the child
54	54	would otherwise attend in accordance with this code, although the
55	55	charter may[:
56	56	[(A) provide for the exclusion of a student who
57	57	has a documented history of a criminal offense, a juvenile court
58	58	adjudication, or discipline problems under Subchapter A, Chapter
59	59	37; and
60	60	[(B)] provide for an admission policy that
61	61	requires a student to demonstrate artistic ability if the school
62	62	specializes in performing arts;
63	63	(6) specify the grade levels to be offered;
64	64	(7) describe the governing structure of the program,
65	65	including:
66	66	(A) the officer positions designated;
67	67	(B) the manner in which officers are selected and
68	68	removed from office;
69	69	(C) the manner in which members of the governing
70	70	body of the school are selected and removed from office;
71	71	(D) the manner in which vacancies on that
72	72	governing body are filled;
73	73	(E) the term for which members of that governing
74	74	body serve; and
75	75	(F) whether the terms are to be staggered;
76	76	(8) specify the powers or duties of the governing body
77	77	of the school that the governing body may delegate to an officer;
78	78	(9) specify the manner in which the school will
79	79	distribute to parents information related to the qualifications of
80	80	each professional employee of the program, including any
81	81	professional or educational degree held by each employee, a
82	82	statement of any certification under Subchapter B, Chapter 21, held
83	83	by each employee, and any relevant experience of each employee;
84	84	(10) describe the process by which the person
85	85	providing the program will adopt an annual budget;
86	86	(11) describe the manner in which an annual audit of
87	87	the financial and programmatic operations of the program is to be
88	88	conducted, including the manner in which the person providing the
89	89	program will provide information necessary for the school district
90	90	in which the program is located to participate, as required by this
91	91	code or by commissioner rule, in the Public Education Information
92	92	Management System (PEIMS);
93	93	(12) describe the facilities to be used;
94	94	(13) describe the geographical area served by the
95	95	program;
96	96	(14) specify any type of enrollment criteria to be
97	97	used;
98	98	(15) provide information, as determined by the
99	99	commissioner, relating to any management company that will provide
100	100	management services to a school operating under the charter; and
101	101	(16) specify that the governing body of an
102	102	open-enrollment charter school accepts and may not delegate
103	103	ultimate responsibility for the school, including the school's
104	104	academic performance and financial and operational viability, and
105	105	is responsible for overseeing any management company providing
106	106	management services for the school and for holding the management
107	107	company accountable for the school's performance.
108	108	SECTION 3. Section 26.004, Education Code, is amended to
109	109	read as follows:
110	110	Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is
111	111	entitled to access to all written records of a school district or
112	112	open-enrollment charter school concerning the parent's child,
113	113	including:
114	114	(1) attendance records;
115	115	(2) test scores;
116	116	(3) grades;
117	117	(4) disciplinary records;
118	118	(5) counseling records;
119	119	(6) psychological records;
120	120	(7) applications for admission;
121	121	(8) health and immunization information;
122	122	(9) teacher and school counselor evaluations; and
123	123	(10) reports of behavioral patterns.
124	124	SECTION 4. Section 26.006(b), Education Code, is amended to
125	125	read as follows:
126	126	(b) A school district or open-enrollment charter school
127	127	shall make teaching materials and tests readily available for
128	128	review by parents. The district or school may specify reasonable
129	129	hours for review.
130	130	SECTION 5. Section 26.007, Education Code, is amended to
131	131	read as follows:
132	132	Sec. 26.007. ACCESS TO PUBLIC [BOARD] MEETINGS. (a) A
133	133	parent is entitled to complete access to any meeting of the board of
134	134	trustees of the school district or the governing body of an
135	135	open-enrollment charter school, other than a closed meeting held in
136	136	compliance with Subchapters D and E, Chapter 551, Government Code.
137	137	(b) A board of trustees of a school district or a governing
138	138	body of an open-enrollment charter school must hold each public
139	139	meeting of the board or governing body within the boundaries of the
140	140	district or the area served by the school except as required by law
141	141	or except to hold a joint meeting with another district or school or
142	142	with another governmental entity, as defined by Section 2051.041,
143	143	Government Code, if the boundaries of the governmental entity are
144	144	in whole or in part within the boundaries of the district or the
145	145	area served by the school. All public meetings must comply with
146	146	Chapter 551, Government Code.
147	147	SECTION 6. Section 26.0081, Education Code, is amended to
148	148	read as follows:
149	149	Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL
150	150	EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES.
151	151	(a) The agency shall produce and provide to school districts and
152	152	open-enrollment charter schools sufficient copies of a
153	153	comprehensive, easily understood document that explains the
154	154	process by which an individualized education program is developed
155	155	for a student in a special education program and the rights and
156	156	responsibilities of a parent concerning the process. The document
157	157	must include information a parent needs to effectively participate
158	158	in an admission, review, and dismissal committee meeting for the
159	159	parent's child.
160	160	(b) The agency will ensure that each school district or
161	161	open-enrollment charter school provides the document required
162	162	under this section to the parent as provided by 20 U.S.C. Section
163	163	1415(b):
164	164	(1) as soon as practicable after a child is referred to
165	165	determine the child's eligibility for admission into the district's
166	166	or school's special education program, but at least five school
167	167	days before the date of the initial meeting of the admission,
168	168	review, and dismissal committee; and
169	169	(2) at any other time on reasonable request of the
170	170	child's parent.
171	171	(c) The agency shall produce and provide to school districts
172	172	and open-enrollment charter schools a written explanation of the
173	173	options and requirements for providing assistance to students who
174	174	have learning difficulties or who need or may need special
175	175	education. The explanation must state that a parent is entitled at
176	176	any time to request an evaluation of the parent's child for special
177	177	education services under Section 29.004. Each school year, each
178	178	district or school shall provide the written explanation to a
179	179	parent of each district or school student by including the
180	180	explanation in the student handbook or by another means.
181	181	SECTION 7. This Act takes effect September 1, 2015.