84R10665 KJE-F
By: King of Hemphill H.B. No. 3487
A BILL TO BE ENTITLED
AN ACT
relating to operation of open-enrollment charter schools,
including parental rights, applicability of certain laws, and
admission policy.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1051, Education Code, is amended to
read as follows:
Sec. 12.1051. APPLICABILITY OF OPEN MEETINGS AND PUBLIC
INFORMATION LAWS. (a) With respect to the operation of an
open-enrollment charter school, the governing body of a charter
holder, [and] the governing body of an open-enrollment charter
school, and a management company are considered to be governmental
bodies for purposes of Chapters 551 and 552, Government Code.
(b) With respect to the operation of an open-enrollment
charter school, any requirement in Chapter 551 or 552, Government
Code, or another law that concerns open meetings or the
availability of information, that applies to a school district, the
board of trustees of a school district, or public school students
applies to an open-enrollment charter school, the governing body of
a charter holder, the governing body of an open-enrollment charter
school, a management company, or students attending an
open-enrollment charter school.
SECTION 2. Section 12.111(a), Education Code, is amended to
read as follows:
(a) Each charter granted under this subchapter must:
(1) describe the educational program to be offered,
which must include the required curriculum as provided by Section
28.002;
(2) provide that continuation of the charter is
contingent on the status of the charter as determined under Section
12.1141 or 12.115 or under Subchapter E, Chapter 39;
(3) specify the academic, operational, and financial
performance expectations by which a school operating under the
charter will be evaluated, which must include applicable elements
of the performance frameworks adopted under Section 12.1181;
(4) specify:
(A) any basis, in addition to a basis specified
by this subchapter or Subchapter E, Chapter 39, on which the charter
may be revoked, renewal of the charter may be denied, or the charter
may be allowed to expire; and
(B) the standards for evaluation of a school
operating under the charter for purposes of charter renewal, denial
of renewal, expiration, revocation, or other intervention in
accordance with Section 12.1141 or 12.115 or Subchapter E, Chapter
39, as applicable;
(5) prohibit discrimination in admission policy on the
basis of sex, national origin, ethnicity, religion, disability,
academic, artistic, or athletic ability, or the district the child
would otherwise attend in accordance with this code, although the
charter may[:
[(A) provide for the exclusion of a student who
has a documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
37; and
[(B)] provide for an admission policy that
requires a student to demonstrate artistic ability if the school
specializes in performing arts;
(6) specify the grade levels to be offered;
(7) describe the governing structure of the program,
including:
(A) the officer positions designated;
(B) the manner in which officers are selected and
removed from office;
(C) the manner in which members of the governing
body of the school are selected and removed from office;
(D) the manner in which vacancies on that
governing body are filled;
(E) the term for which members of that governing
body serve; and
(F) whether the terms are to be staggered;
(8) specify the powers or duties of the governing body
of the school that the governing body may delegate to an officer;
(9) specify the manner in which the school will
distribute to parents information related to the qualifications of
each professional employee of the program, including any
professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held
by each employee, and any relevant experience of each employee;
(10) describe the process by which the person
providing the program will adopt an annual budget;
(11) describe the manner in which an annual audit of
the financial and programmatic operations of the program is to be
conducted, including the manner in which the person providing the
program will provide information necessary for the school district
in which the program is located to participate, as required by this
code or by commissioner rule, in the Public Education Information
Management System (PEIMS);
(12) describe the facilities to be used;
(13) describe the geographical area served by the
program;
(14) specify any type of enrollment criteria to be
used;
(15) provide information, as determined by the
commissioner, relating to any management company that will provide
management services to a school operating under the charter; and
(16) specify that the governing body of an
open-enrollment charter school accepts and may not delegate
ultimate responsibility for the school, including the school's
academic performance and financial and operational viability, and
is responsible for overseeing any management company providing
management services for the school and for holding the management
company accountable for the school's performance.
SECTION 3. Section 26.004, Education Code, is amended to
read as follows:
Sec. 26.004. ACCESS TO STUDENT RECORDS. A parent is
entitled to access to all written records of a school district or
open-enrollment charter school concerning the parent's child,
including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) health and immunization information;
(9) teacher and school counselor evaluations; and
(10) reports of behavioral patterns.
SECTION 4. Section 26.006(b), Education Code, is amended to
read as follows:
(b) A school district or open-enrollment charter school
shall make teaching materials and tests readily available for
review by parents. The district or school may specify reasonable
hours for review.
SECTION 5. Section 26.007, Education Code, is amended to
read as follows:
Sec. 26.007. ACCESS TO PUBLIC [BOARD] MEETINGS. (a) A
parent is entitled to complete access to any meeting of the board of
trustees of the school district or the governing body of an
open-enrollment charter school, other than a closed meeting held in
compliance with Subchapters D and E, Chapter 551, Government Code.
(b) A board of trustees of a school district or a governing
body of an open-enrollment charter school must hold each public
meeting of the board or governing body within the boundaries of the
district or the area served by the school except as required by law
or except to hold a joint meeting with another district or school or
with another governmental entity, as defined by Section 2051.041,
Government Code, if the boundaries of the governmental entity are
in whole or in part within the boundaries of the district or the
area served by the school. All public meetings must comply with
Chapter 551, Government Code.
SECTION 6. Section 26.0081, Education Code, is amended to
read as follows:
Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL
EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES.
(a) The agency shall produce and provide to school districts and
open-enrollment charter schools sufficient copies of a
comprehensive, easily understood document that explains the
process by which an individualized education program is developed
for a student in a special education program and the rights and
responsibilities of a parent concerning the process. The document
must include information a parent needs to effectively participate
in an admission, review, and dismissal committee meeting for the
parent's child.
(b) The agency will ensure that each school district or
open-enrollment charter school provides the document required
under this section to the parent as provided by 20 U.S.C. Section
1415(b):
(1) as soon as practicable after a child is referred to
determine the child's eligibility for admission into the district's
or school's special education program, but at least five school
days before the date of the initial meeting of the admission,
review, and dismissal committee; and
(2) at any other time on reasonable request of the
child's parent.
(c) The agency shall produce and provide to school districts
and open-enrollment charter schools a written explanation of the
options and requirements for providing assistance to students who
have learning difficulties or who need or may need special
education. The explanation must state that a parent is entitled at
any time to request an evaluation of the parent's child for special
education services under Section 29.004. Each school year, each
district or school shall provide the written explanation to a
parent of each district or school student by including the
explanation in the student handbook or by another means.
SECTION 7. This Act takes effect September 1, 2015.