Texas 2015 - 84th Regular

Texas Senate Bill SB1012 Compare Versions

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

Old	New	Differences
1	1	84R4312 MK-F
2	2	By: Hancock S.B. No. 1012
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to local control school districts.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 12, Education Code, is
10	10	amended to read as follows:
11	11	CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES
12	12	SECTION 2. Section 12.001(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) This chapter shall be applied in a manner that ensures
15	15	the fiscal and academic accountability of persons operating
16	16	[holding charters issued] under this chapter. This chapter may not
17	17	be applied in a manner that unduly regulates the instructional
18	18	methods or pedagogical innovations of [charter] schools operating
19	19	under this chapter.
20	20	SECTION 3. Section 12.0011, Education Code, is amended to
21	21	read as follows:
22	22	Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. As an
23	23	alternative to operating in the manner generally provided by this
24	24	title, an independent school district, a school campus, or an
25	25	educational program may choose to operate [under a charter] in
26	26	accordance with this chapter.
27	27	SECTION 4. Section 12.002, Education Code, is amended to
28	28	read as follows:
29	29	Sec. 12.002. CLASSES OF ALTERNATIVES [CHARTER]. The
30	30	classes of alternatives [charter] under this chapter are:
31	31	(1) a local control [home-rule] school district
32	32	[charter] as provided by Subchapter B;
33	33	(2) a campus or campus program charter as provided by
34	34	Subchapter C; or
35	35	(3) an open-enrollment charter as provided by
36	36	Subchapter D.
37	37	SECTION 5. Subchapter B, Chapter 12, Education Code, is
38	38	amended to read as follows:
39	39	SUBCHAPTER B. LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
40	40	Sec. 12.011. AUTHORIZATION AND STATUS. (a) In accordance
41	41	with this subchapter, a school district may adopt a local control
42	42	plan [home-rule school district charter] under which the district
43	43	will operate.
44	44	(b) The adoption of a local control plan [home-rule school
45	45	district charter] by a school district does not affect:
46	46	(1) the district's boundaries; or
47	47	(2) taxes or bonds of the district authorized before
48	48	the effective date of the plan [charter].
49	49	Sec. 12.012. APPLICABILITY OF LAWS AND RULES TO LOCAL
50	50	CONTROL [HOME-RULE] SCHOOL DISTRICT. (a) A local control
51	51	[home-rule] school district is subject to federal and state laws
52	52	and rules governing school districts, except that a local control
53	53	[home-rule] school district is subject to:
54	54	(1) this code only to the extent that the
55	55	applicability to a local control [home-rule] school district of a
56	56	provision of this code is specifically provided;
57	57	(2) a rule adopted under this code by the State Board
58	58	of Education or the commissioner only if the code provision
59	59	authorizing the rule specifically applies to a local control
60	60	[home-rule] school district; and
61	61	(3) all requirements of federal law and applicable
62	62	court orders relating to eligibility for and the provision of
63	63	special education and bilingual programs.
64	64	(b) An employee of a local control [home-rule] school
65	65	district who qualifies for membership in the Teacher Retirement
66	66	System of Texas shall be covered under the system in the same manner
67	67	and to the same extent as a qualified employee employed by an
68	68	independent school district is covered.
69	69	(c) This section does not permit a local control [home-rule]
70	70	school district to discriminate against a student who has been
71	71	diagnosed as having a learning disability, including dyslexia or
72	72	attention deficit/hyperactivity disorder. Discrimination
73	73	prohibited by this subsection includes denial of placement in a
74	74	gifted and talented program if the student would otherwise be
75	75	qualified for the program but for the student's learning
76	76	disability. This section does not permit a local control
77	77	[home-rule] school district to, on the basis of race, socioeconomic
78	78	status, learning disability, or family support status, place a
79	79	student in a program other than the highest-level program necessary
80	80	to ensure the student's success.
81	81	Sec. 12.013. APPLICABILITY OF TITLE. (a) A local control
82	82	[home-rule] school district has the powers and entitlements granted
83	83	to school districts and school district boards of trustees under
84	84	this title, including taxing authority.
85	85	(b) A local control [home-rule] school district is subject
86	86	to:
87	87	(1) a provision of this title establishing a criminal
88	88	offense;
89	89	(2) a provision of this title relating to limitations
90	90	on liability; and
91	91	(3) a prohibition, restriction, or requirement, as
92	92	applicable, imposed by this title or a rule adopted under this
93	93	title, relating to:
94	94	(A) the Public Education Information Management
95	95	System (PEIMS) to the extent necessary to monitor compliance with
96	96	this subchapter as determined by the commissioner;
97	97	(B) educator certification under Chapter 21 and
98	98	educator rights under Sections 21.407, 21.408, and 22.001;
99	99	(C) criminal history records under Subchapter C,
100	100	Chapter 22;
101	101	(D) student admissions under Section 25.001;
102	102	(E) school attendance under Sections 25.085,
103	103	25.086, and 25.087;
104	104	(F) inter-district or inter-county transfers of
105	105	students under Subchapter B, Chapter 25;
106	106	(G) [elementary class size limits under Section
107	107	25.112, in the case of any campus in the district that fails to
108	108	satisfy any standard under Section 39.054(e);
109	109	[(H)] high school graduation under Section
110	110	28.025;
111	111	(H) [(I)] special education programs under
112	112	Subchapter A, Chapter 29;
113	113	(I) [(J)] bilingual education under Subchapter
114	114	B, Chapter 29;
115	115	(J) [(K)] prekindergarten programs under
116	116	Subchapter E, Chapter 29;
117	117	(K) [(L)] safety provisions relating to the
118	118	transportation of students under Sections 34.002, 34.003, 34.004,
119	119	and 34.008;
120	120	(L) [(M)] computation and distribution of state
121	121	aid under Chapters 31, 42, [and] 43, and 46;
122	122	(M) [(N)] extracurricular activities under
123	123	Section 33.081;
124	124	(N) [(O)] health and safety under Chapter 38;
125	125	(O) [(P)] public school accountability under
126	126	Subchapters B, C, D, E, F, and J, Chapter 39;
127	127	(P) [(Q)] equalized wealth under Chapter 41;
128	128	(Q) [(R)] a bond or other obligation or tax rate
129	129	under Chapters 42, 43, and 45; and
130	130	(R) [(S)] purchasing under Chapter 44.
131	131	Sec. 12.0131. LOCAL CONTROL SCHOOL DISTRICT OPERATION
132	132	BEGINS AFTER VOTER APPROVAL. An independent school district shall
133	133	begin operation as a local control school district under the local
134	134	control plan after the approval of a proposed local control plan by
135	135	registered voters of the school district through the process
136	136	provided by this subchapter.
137	137	Sec. 12.014. SUBMISSION OF LOCAL CONTROL PLAN TO VOTERS
138	138	[APPOINTMENT OF CHARTER COMMISSION]. A local control plan shall be
139	139	submitted to the voters under Section 12.019 [The board of trustees
140	140	of a school district shall appoint a charter commission to frame a
141	141	home-rule school district charter] if:
142	142	(1) the board of trustees of a school district
143	143	receives a petition signed by at least five percent of the
144	144	registered voters of the district, as verified under Section
145	145	12.0151, requesting that the district adopt the local control plan
146	146	that accompanies the petition [appointment of a charter commission
147	147	to frame a home-rule school district charter signed by at least five
148	148	percent of the registered voters of the district]; or
149	149	(2) at least two-thirds of the total membership of the
150	150	board of trustees of a school district adopt a resolution
151	151	requesting that the district adopt the local control plan
152	152	considered with the resolution [ordering that a charter commission
153	153	be appointed].
154	154	Sec. 12.015. PETITION TO OPERATE AS A LOCAL CONTROL SCHOOL
155	155	DISTRICT. (a) For a petition to operate as a local control school
156	156	district to be valid:
157	157	(1) the petition must include a statement worded
158	158	substantially as follows on each page of the petition preceding the
159	159	space reserved for signatures: "This petition is to request that an
160	160	election be held for (name of school district) to operate under the
161	161	local control plan available at (Internet website address).
162	162	Technical amendments to the local control plan posted on the
163	163	Internet may be adopted before the election on adoption of the
164	164	plan.";
165	165	(2) the petition must include each signer's printed
166	166	name and residential address, including zip code;
167	167	(3) each signer must enter beside his or her signature
168	168	the date on which he or she signed the petition;
169	169	(4) the petition must designate one or more persons as
170	170	lead petitioner;
171	171	(5) the proposed local control plan must be available
172	172	online at the Internet website referenced on the petition during
173	173	the period signatures are collected; and
174	174	(6) the petition, when submitted to the board of
175	175	trustees of the school district as provided by Subsection (c), must
176	176	include a signed statement by the lead petitioner stating that it is
177	177	the lead petitioner's reasonable belief that the petition is signed
178	178	by at least five percent of the registered voters of the district.
179	179	(b) A digital signature may be accepted if the board of
180	180	trustees of the school district or county clerk of the county in
181	181	which the school district's central administrative office is
182	182	located has adopted rules under Section 2054.060, Government Code.
183	183	(c) When the lead petitioner believes that at least five
184	184	percent of the registered voters of the school district have signed
185	185	the petition, the lead petitioner shall submit the petition and
186	186	proposed local control plan to the board of trustees of the school
187	187	district.
188	188	(d) Not later than the fifth day after the date of receipt of
189	189	the petition and local control plan, the board of trustees of the
190	190	school district shall:
191	191	(1) submit a copy of the petition to the county clerk
192	192	of the county in which the school district's central administrative
193	193	office is located for verification of the signatures, as provided
194	194	by Section 12.0151; and
195	195	(2) submit a copy of the proposed local control plan to
196	196	the commissioner for review, as provided by Section 12.018.
197	197	(e) The failure of the board of trustees of the school
198	198	district to comply with Subsection (d) does not invalidate the
199	199	petition or the local control plan but may be a basis for equitable
200	200	relief issued by a court of competent jurisdiction.
201	201	(f) If the board of trustees of the school district fails to
202	202	comply with Subsection (d), the lead petitioner may:
203	203	(1) submit a copy of the petition to the county clerk
204	204	of the county in which the school district's central administrative
205	205	office is located for verification of the signatures, as provided
206	206	by Section 12.0151; and
207	207	(2) submit a copy of the proposed local control plan to
208	208	the commissioner for review, as provided by Section 12.018.
209	209	(g) The county clerk and commissioner shall consider the
210	210	petition and local control plan received from the lead petitioner
211	211	under Subsection (f) as if submitted in a timely manner by the board
212	212	of trustees of the school district in accordance with Subsection
213	213	(d). [CHARTER COMMISSION. (a) Not later than the 30th day after
214	214	the date of receipt of a petition or adoption of a resolution under
215	215	Section 12.014, the board of trustees of the school district shall
216	216	appoint 15 residents of the district to serve on the commission to
217	217	frame a charter for the district.
218	218	[(b) The membership of the charter commission must reflect
219	219	the racial, ethnic, socioeconomic, and geographic diversity of the
220	220	district. A majority of the members appointed to the commission
221	221	must be parents of school-age children attending public school. At
222	222	least 25 percent of the commission must be classroom teachers
223	223	selected by the representatives of the professional staff pursuant
224	224	to Section 11.251(e).
225	225	[(c) The charter commission must complete a proposed
226	226	charter not later than the first anniversary of the date of its
227	227	appointment. After that date, the commission expires and the
228	228	appointment under Section 12.014 is void.
229	229	[(d) A charter commission appointed under this section is
230	230	considered a governmental body for purposes of Chapters 551 and
231	231	552, Government Code.]
232	232	Sec. 12.0151. DUTIES OF COUNTY CLERK ON RECEIPT OF
233	233	PETITION. (a) On receipt of a petition under Section 12.015, the
234	234	county clerk of the county in which the school district's central
235	235	administrative office is located, in cooperation with the county
236	236	clerk of any other county in which any part of the school district
237	237	is located, shall verify that each signer of the petition is
238	238	registered to vote in the school district.
239	239	(b) Not later than the 30th day after receipt of the
240	240	petition, the county clerk shall certify to the board of trustees of
241	241	the school district and the lead petitioner the percentage of
242	242	registered voters of the district who signed the petition. The
243	243	county clerk's certification is a public record.
244	244	Sec. 12.0152. SUBMISSION OF ADDITIONAL SIGNATURES; FINAL
245	245	CERTIFICATION BY COUNTY CLERK. (a) If the county clerk certifies
246	246	that less than five percent of the registered voters of the school
247	247	district signed the petition submitted to the board of trustees of
248	248	the school district under Section 12.015, the lead petitioner may
249	249	submit one tranche of additional signatures in support of the
250	250	petition to the county clerk not later than the 30th day after the
251	251	date of the clerk's certification.
252	252	(b) On receipt of additional signatures from the lead
253	253	petitioner, the county clerk shall verify the additional signatures
254	254	and, not later than the 30th day after the date of receipt of the
255	255	additional signatures, certify to the board of trustees of the
256	256	school district and the lead petitioner the percentage of
257	257	registered voters of the district who signed the petition, as
258	258	supplemented by the additional signatures. The county clerk's
259	259	certification is a public record.
260	260	Sec. 12.0153. SUIT TO CONTEST VERIFICATION OF SIGNATURES.
261	261	Any suit to contest the verification of signatures for a petition
262	262	must be filed not later than the 30th day after the date of the
263	263	county clerk's final certification.
264	264	Sec. 12.016. CONTENT. (a) Each local control plan
265	265	[home-rule school district charter] must:
266	266	(1) describe the educational program to be offered;
267	267	(2) provide that continuation of the local control
268	268	[home-rule] school district [charter] is contingent on:
269	269	(A) acceptable student performance on assessment
270	270	instruments adopted under Subchapter B, Chapter 39; and
271	271	(B) compliance with other applicable
272	272	accountability provisions under Chapter 39;
273	273	(3) specify any basis, in addition to a basis
274	274	specified by this subchapter, on which the local control school
275	275	district [charter] may be placed on probation or the local control
276	276	plan may be revoked;
277	277	(4) describe the governing structure of the district
278	278	and campuses;
279	279	(5) specify any procedure or requirement, in addition
280	280	to those under Chapter 38, that the district will follow to ensure
281	281	the health and safety of students and employees;
282	282	(6) describe the process by which the district will
283	283	adopt an annual budget, including a description of the use of
284	284	program-weight funds; and
285	285	(7) describe the manner in which an annual audit of
286	286	financial and programmatic operations of the district is to be
287	287	conducted, including the manner in which the district will provide
288	288	information necessary for the district to participate in the Public
289	289	Education Information Management System (PEIMS) to the extent
290	290	required by this subchapter[; and
291	291	[(8) include any other provision the charter
292	292	commission considers necessary].
293	293	(b) This section does not limit the permissible content of a
294	294	local control plan.
295	295	Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS
296	296	ACT. (a) If a local control plan is proposed by the board of
297	297	trustees of a school district, the board may [The charter
298	298	commission shall] submit the proposed local control plan [charter]
299	299	to the secretary of state. The secretary of state shall determine
300	300	whether a proposed local control plan requires preclearance under
301	301	federal law [charter contains a change in the governance of the
302	302	school district].
303	303	(b) If a local control plan is proposed by petition, the
304	304	lead petitioner may submit the proposed local control plan to the
305	305	secretary of state. The secretary of state shall determine whether
306	306	a proposed local control plan requires preclearance under federal
307	307	law.
308	308	(c) If the secretary of state determines that a proposed
309	309	local control plan requires preclearance under federal law [charter
310	310	contains a change in the governance of the school district], the
311	311	secretary of state shall, not later than the second working day
312	312	after the date the secretary of state makes that determination,
313	313	[notify the board of trustees of the school district. The board
314	314	shall] submit the proposed local control plan [change] to the
315	315	United States Department of Justice or the United States District
316	316	Court for the District of Columbia for preclearance under the
317	317	Voting Rights Act (52 U.S.C. Section 10101 et seq.) [(42 U.S.C.
318	318	Section 1973c et seq.)].
319	319	Sec. 12.018. TECHNICAL [LEGAL] REVIEW. (a) Not later than
320	320	the fifth day after the date the board of trustees of a school
321	321	district adopts a resolution or receives a petition and local
322	322	control plan under Section 12.014, the board [The charter
323	323	commission] shall submit the proposed local control plan [charter]
324	324	to the commissioner for review.
325	325	(b) As soon as practicable, but not later than the 30th day
326	326	after the date the commissioner receives the proposed local control
327	327	plan [charter], the commissioner shall review the proposed local
328	328	control plan for compliance [charter to ensure that the proposed
329	329	charter complies] with any applicable state and federal laws and
330	330	shall provide written notification to the board of trustees of the
331	331	school district and the lead petitioner, if applicable, of the
332	332	results of the review, including any recommended technical
333	333	amendments for compliance with state or federal law [recommend to
334	334	the charter commission any modifications necessary].
335	335	(c) If the commissioner does not act within the prescribed
336	336	time, it is presumed that the commissioner has determined that the
337	337	proposed local control plan [charter] is in compliance with
338	338	applicable state and federal laws [approved]. The commissioner will
339	339	be considered to have notified the board of trustees of the school
340	340	district of the commissioner's determination on the 30th day after
341	341	the date the commissioner received the proposed local control plan.
342	342	Sec. 12.0181. DESIGNATING PROPOSED LOCAL CONTROL PLAN AS
343	343	FINAL. (a) If the local control plan was proposed by the board of
344	344	trustees of a school district, the board shall, not later than the
345	345	30th day after the date of receipt of the commissioner's
346	346	recommendations under Section 12.018, accept or reject any
347	347	technical amendments recommended by the commissioner and designate
348	348	the local control plan as final.
349	349	(b) If the local control plan was proposed by petition, the
350	350	lead petitioner or a majority of persons originally designated as
351	351	lead petitioners may, not later than the 45th day after the date of
352	352	receipt of the commissioner's recommendations under Section
353	353	12.018, notify the board of trustees of the school district in
354	354	writing that the lead petitioner or majority accepts or rejects any
355	355	technical amendments recommended by the commissioner and designate
356	356	the local control plan as final. If the board of trustees does not
357	357	receive written notice under this subsection, the board of trustees
358	358	shall accept all technical amendments recommended by the
359	359	commissioner and designate the local control plan as final.
360	360	(c) If the commissioner does not recommend any technical
361	361	amendments under Section 12.018, the proposed local control plan is
362	362	considered final on receipt of the commissioner's notification.
363	363	Sec. 12.019. LOCAL CONTROL PLAN [CHARTER] ELECTION. (a) The
364	364	board of trustees of a school district shall order an election on
365	365	the local control plan not later than the 15th day after the date
366	366	the board receives notice from the county clerk certifying that at
367	367	least five percent of the registered voters of the district have
368	368	signed the petition under Section 12.0151 or 12.0152 and the local
369	369	control plan is designated as final under Section 12.0181 [As soon
370	370	as practicable after approval of a home-rule school district
371	371	charter under Section 12.018, the board of trustees of the district
372	372	shall order an election on the proposed charter].
373	373	(b) The proposed local control plan [charter] shall be
374	374	submitted to the voters of the district at an election to be held on
375	375	the first uniform election date in November of an even-numbered
376	376	year that occurs at least 78 [45] days after the date on which the
377	377	board of trustees orders the election.
378	378	(c) If the local control plan was proposed by the board of
379	379	trustees of the school district, the ballot shall be printed to
380	380	permit voting for or against the proposition "Whether the (name of
381	381	school district) School District shall be governed under the local
382	382	control plan that is proposed by the board of trustees and under
383	383	which only certain laws and rules apply to the district." [At least
384	384	three copies of the proposed charter must be available in the office
385	385	of each school campus in the district and at the district's central
386	386	administrative office between the date of the election order and
387	387	election day. Notice of the election must include a statement of
388	388	where and how copies may be obtained or viewed. A summary of the
389	389	content of the proposed charter shall be attached to each copy. The
390	390	summary also shall be made available to school district employees,
391	391	parents, community members, and members of the media.]
392	392	(d) If the local control plan was proposed by petition, the
393	393	[The] ballot shall be printed to permit voting for or against the
394	394	proposition "Whether the (name of school district) School District
395	395	shall be governed under the local control plan that [home-rule
396	396	school district charter, which] is proposed by a petition of
397	397	(percentage of valid signatures of registered voters on the
398	398	petition) percent of registered voters of the school district
399	399	[charter commission appointed by the board of trustees] and under
400	400	which only certain laws and rules apply to the district."
401	401	(e) If two or more local control plans are submitted to the
402	402	voters, the board of trustees of the school district shall request
403	403	that the county clerk include neutral ballot language to allow
404	404	voters to distinguish between the plans. If two or more local
405	405	control plans are approved at the same election, the plan receiving
406	406	the highest affirmative vote prevails.
407	407	Sec. 12.0191. NOTICE OF LOCAL CONTROL PLAN ELECTION. (a)
408	408	At least three copies of the proposed local control plan must be
409	409	available in the office of each campus in the school district and at
410	410	the district's central administrative office between the date of
411	411	the election order and election day. Notice of the election must
412	412	include a statement of where and how copies may be obtained or
413	413	viewed. A summary of the content of the proposed local control plan
414	414	shall be attached to each copy. The summary also shall be made
415	415	available to school district employees, parents, community
416	416	members, and members of the media.
417	417	(b) At the time the board of trustees of the school district
418	418	orders an election on the proposed local control plan, the school
419	419	district shall post on the district's Internet website a copy of the
420	420	proposed local control plan, a summary of the content of the
421	421	proposed plan, and a notice of the election. These items shall
422	422	remain posted on the school district's Internet website until the
423	423	election is held.
424	424	(c) The school district and each campus in the district
425	425	shall prominently display and maintain on the main page of the
426	426	district's or campus's Internet website a link to the Internet
427	427	website containing the information required under Subsection (b).
428	428	Sec. 12.020. LOCAL CONTROL PLAN [CHARTER] AMENDMENT. (a)
429	429	The governing body of a local control [home-rule] school district
430	430	on its own motion may submit a proposed [charter] amendment to the
431	431	local control plan that complies with this subchapter to the
432	432	commissioner for technical [legal] review.
433	433	(b) The governing body shall submit a proposed [charter]
434	434	amendment to the local control plan that complies with this
435	435	subchapter to the commissioner for technical [legal] review if a
436	436	petition submitted to the governing body proposing the [charter]
437	437	amendment is signed by at least five percent of the registered
438	438	voters of the district. The petition must designate one or more
439	439	persons as a lead petitioner.
440	440	(c) As soon as practicable, but not later than the 30th day
441	441	after the date on which the requirements [for an election] under
442	442	Subsection (a) or (b) are satisfied, the commissioner shall review
443	443	the proposed amendment to ensure that the proposed amendment
444	444	complies with any applicable state and federal laws and shall
445	445	recommend any modifications necessary in accordance with Section
446	446	12.018. If the commissioner does not act within the prescribed
447	447	time, the proposed [charter] amendment is considered to be in
448	448	compliance with applicable state and federal laws [approved].
449	449	(d) The governing body or lead petitioner, as applicable,
450	450	may accept or reject any proposed modifications and designate the
451	451	amendment as final through the process described by Section
452	452	12.0181. As soon as practicable, but not later than the 15th day
453	453	after the date an amendment is designated as final [commissioner
454	454	review under Subsection (c)], the governing body of the district
455	455	shall order an election on the proposed amendment.
456	456	(e) An election under this section shall be held on the
457	457	first uniform election date in November of an even-numbered year
458	458	that occurs at least 78 [45] days after the date the election is
459	459	ordered.
460	460	(f) Notice of the election must include a substantial copy
461	461	of the proposed [charter] amendment to the local control plan.
462	462	(g) An [A charter] amendment to a local control plan may not
463	463	contain more than one subject.
464	464	(h) The ballot shall be prepared so that a voter may approve
465	465	or disapprove any one or more [charter] amendments to a local
466	466	control plan without having to approve or disapprove all of the
467	467	[charter] amendments to a local control plan.
468	468	(i) The governing body may not order an election on a
469	469	proposed [charter] amendment to a local control plan earlier than
470	470	the first anniversary of the date of any previous election to amend
471	471	the plan [charter].
472	472	(j) Section 12.017 applies to a proposed [charter]
473	473	amendment to a local control plan[, except that the governing body
474	474	shall submit the proposed charter amendment to the secretary of
475	475	state].
476	476	Sec. 12.021. ADOPTION OF LOCAL CONTROL PLAN [CHARTER] OR
477	477	[CHARTER] AMENDMENT. (a) A [Subject to Section 12.022, a] proposed
478	478	local control plan [home-rule school district charter] or a
479	479	proposed [charter] amendment to a local control plan is adopted if
480	480	approved by a majority of the registered [qualified] voters of the
481	481	district voting at an election held for that purpose.
482	482	(b) A local control plan [charter] or [charter] amendment to
483	483	a local control plan shall specify an effective date and takes
484	484	effect according to its terms when the board of trustees or
485	485	governing body of the school district enters an order declaring
486	486	that the plan [charter] or [charter] amendment is adopted. The
487	487	board of trustees or governing body shall enter an order not later
488	488	than the 10th day after the date the canvass of the election returns
489	489	is completed.
490	490	(c) As soon as practicable after a school district adopts a
491	491	local control plan or amendment to a local control plan [home-rule
492	492	school district charter or charter amendment], the board of
493	493	trustees or governing body shall notify the commissioner of the
494	494	outcome of the election.
495	495	Sec. 12.022. [MINIMUM VOTER TURNOUT REQUIRED. (a) An
496	496	election on the adoption of a proposed home-rule school district
497	497	charter has no effect unless at least 25 percent of the registered
498	498	voters of the district vote in the election in which the adoption of
499	499	the charter is on the ballot.
500	500	[(b) An election on the adoption of a proposed amendment to
501	501	a home-rule school district charter has no effect unless at least 20
502	502	percent of the registered voters of the district vote in the
503	503	election in which the adoption of the amendment is on the ballot.
504	504	[(c) If the required number of voters prescribed by
505	505	Subsection (a) or (b) do not vote in the election, the board of
506	506	trustees shall order an election on the issue to be held on the
507	507	first uniform election date:
508	508	[(1) that occurs at least 45 days after the date the
509	509	election is ordered; and
510	510	[(2) on which one or more elections are to be held, the
511	511	combination of which covers all of the territory of the school
512	512	district.
513	513	[(d) If the required number of voters prescribed by
514	514	Subsection (a) or (b) do not vote at an election ordered as required
515	515	by Subsection (c), the board of trustees may continue to order
516	516	elections on the issue in accordance with Subsection (c) until the
517	517	required minimum voter turnout is achieved.
518	518	[Sec. 12.023.] CERTIFICATION OF LOCAL CONTROL PLAN OR
519	519	AMENDMENT [CHARTER OR CHARTER AMENDMENT]. (a) As soon as
520	520	practicable after a school district adopts a local control plan or
521	521	amendment to a local control plan [home-rule school district
522	522	charter or charter amendment], the president of the board of
523	523	trustees or presiding officer of the governing body shall certify
524	524	to the secretary of state a copy of the plan [charter] or amendment
525	525	showing the approval by the voters of the district.
526	526	(b) The secretary of state shall file and record the
527	527	certification in the secretary of state's office.
528	528	Sec. 12.023 [12.024]. EFFECT OF RECORDING LOCAL CONTROL
529	529	PLAN OR AMENDMENT [CHARTER OR CHARTER AMENDMENT]. A recorded local
530	530	control plan or amendment to a local control plan [charter or
531	531	charter amendment] is a public act. A court shall take judicial
532	532	notice of a recorded plan [charter] or [charter] amendment and
533	533	proof is not required of its provisions.
534	534	Sec. 12.024 [12.025]. GOVERNANCE. (a) A local control
535	535	[home-rule] school district may adopt and operate under any
536	536	governing structure.
537	537	(b) The district may:
538	538	(1) create offices;
539	539	(2) determine the time and method for selecting
540	540	officers; and
541	541	(3) prescribe the qualifications and duties of
542	542	officers.
543	543	(c) The term of any officer of the district is determined
544	544	under Section 11.059.
545	545	Sec. 12.025 [12.026]. CHANGE IN GOVERNING BODY. If the
546	546	adoption, amendment, or revocation of a local control [home-rule]
547	547	school district plan [charter] changes the structure of the
548	548	governing body of the school district, the members of the governing
549	549	body serving on the date the adoption, amendment, or revocation
550	550	takes effect continue in office until their successors are chosen
551	551	and have qualified for office.
552	552	Sec. 12.026 [12.027]. BASIS FOR PLACEMENT ON PROBATION OR
553	553	REVOCATION OF LOCAL CONTROL PLAN [CHARTER]. (a) The commissioner
554	554	[State Board of Education] may place a local control school
555	555	district on probation or revoke the local control plan [a home-rule
556	556	school district charter] of a school district if the commissioner
557	557	[board] determines that the district:
558	558	(1) committed a material violation of the local
559	559	control plan [charter];
560	560	(2) failed to satisfy generally accepted accounting
561	561	standards of fiscal management; or
562	562	(3) failed to comply with this subchapter or other
563	563	applicable federal or state law or rule.
564	564	(b) The action the commissioner [board] takes under
565	565	Subsection (a) shall be based on the best interest of district
566	566	students, the severity of the violation, and any previous violation
567	567	the district has committed.
568	568	(c) A district whose local control plan [home-rule school
569	569	district charter] is revoked or rescinded under this subchapter
570	570	shall operate under the other provisions of Title 1 and this title
571	571	that apply to school districts.
572	572	Sec. 12.027 [12.028]. PROCEDURE FOR PLACEMENT ON PROBATION
573	573	OR REVOCATION. (a) The commissioner [State Board of Education] by
574	574	rule shall adopt a procedure to be used for placing a local control
575	575	school district on probation or revoking a local control plan
576	576	[home-rule school district charter].
577	577	(b) The procedure adopted under Subsection (a) must provide
578	578	an opportunity for a hearing to the district and to parents of
579	579	district students. A hearing under this subsection must be held in
580	580	the district.
581	581	Sec. 12.028 [12.029]. STATUS OF DISTRICT IN CASE OF
582	582	ANNEXATION OR CONSOLIDATION. (a) If a school district is annexed
583	583	to another district under Chapter 13, and only one of the districts
584	584	has a local control [home-rule] school district status, the
585	585	status[, as a home-rule or other type of school district,] of the
586	586	receiving district is the status for both districts following
587	587	annexation.
588	588	(b) Except as provided by Subchapter H, Chapter 41, if two
589	589	or more school districts having different status, one of which is
590	590	local control [home-rule] school district status, consolidate into
591	591	a single district, the petition under Section 13.003 initiating the
592	592	consolidation must state the status for the consolidated district.
593	593	The ballot shall be printed to permit voting for or against the
594	594	proposition: "Consolidation of (names of school districts) into a
595	595	single school district governed as (status of school district
596	596	specified in the petition)."
597	597	Sec. 12.029 [12.030]. RESCISSION OF LOCAL CONTROL PLAN
598	598	[CHARTER]. (a) A local control plan [home-rule school district
599	599	charter] may be rescinded as provided by this section.
600	600	(b) The governing body of the district shall order an
601	601	election on the question of rescinding a local control plan
602	602	[home-rule school district charter] if:
603	603	(1) the governing body receives a petition requesting
604	604	a rescission election signed by at least five percent of the
605	605	registered voters of the district; or
606	606	(2) at least two-thirds of the total membership of the
607	607	governing body adopt a resolution ordering that a rescission
608	608	election be held.
609	609	(c) As soon as practicable after the date of receipt or
610	610	adoption of a resolution under Subsection (b), the governing body
611	611	shall order an election.
612	612	(d) The proposition to rescind the local control plan
613	613	[home-rule school district charter] shall be submitted to the
614	614	voters of the district at an election to be held on the first
615	615	uniform election date in November of an even-numbered year that
616	616	occurs at least 78 [45] days after the date on which the governing
617	617	body orders the election.
618	618	(e) The ballot shall be printed to permit voting for or
619	619	against the proposition: "Whether the local control plan [home-rule
620	620	school district charter] of (name of school district) shall be
621	621	rescinded so that the school district becomes an independent school
622	622	district."
623	623	(f) A local control plan [home-rule school district
624	624	charter] is rescinded if the rescission is approved by a majority of
625	625	the registered [qualified] voters of the district voting at an
626	626	election held for that purpose [at which at least 25 percent of the
627	627	registered voters of the district vote].
628	628	(g) The rescission takes effect on a date established by
629	629	resolution of the governing body but not later than the 90th day
630	630	after the date of an election held under this section at which
631	631	rescission of the local control plan [charter] is approved [and at
632	632	which the number of registered voters required under Subsection (f)
633	633	vote]. As soon as practicable after that election, the governing
634	634	body shall notify the commissioner and the secretary of state of the
635	635	results of the election and of the effective date of the rescission.
636	636	(h) The rescission of a local control plan [home-rule school
637	637	district charter] under this section does not affect:
638	638	(1) the district's boundaries; or
639	639	(2) taxes or bonds of the district authorized before
640	640	the effective date of the rescission.
641	641	SECTION 6. Section 12.051(2), Education Code, is amended to
642	642	read as follows:
643	643	(2) "Board" and "board of trustees" mean the board of
644	644	trustees of a school district or the governing body of a local
645	645	control [home-rule] school district.
646	646	SECTION 7. Section 12.052(a), Education Code, is amended to
647	647	read as follows:
648	648	(a) In accordance with this subchapter, the board of
649	649	trustees of a school district or the governing body of a local
650	650	control [home-rule] school district shall grant or deny, through a
651	651	public vote of the board of trustees or governing body, a charter to
652	652	parents and teachers for a campus or a program on a campus if the
653	653	board is presented with a petition signed by:
654	654	(1) the parents of a majority of the students at that
655	655	school campus; and
656	656	(2) a majority of the classroom teachers at that
657	657	school campus.
658	658	SECTION 8. Section 12.0521(a), Education Code, is amended
659	659	to read as follows:
660	660	(a) Notwithstanding Section 12.052, in accordance with this
661	661	subchapter and in the manner provided by this section, the board of
662	662	trustees of a school district or the governing body of a local
663	663	control [home-rule] school district may grant a charter for:
664	664	(1) a new district campus; or
665	665	(2) a program that is operated:
666	666	(A) by an entity that has entered into a contract
667	667	with the district under Section 11.157 to provide educational
668	668	services to the district through the campus or program; and
669	669	(B) at a facility located in the boundaries of
670	670	the district.
671	671	SECTION 9. Section 12.0522(a), Education Code, is amended
672	672	to read as follows:
673	673	(a) Notwithstanding Section 12.052, in the manner provided
674	674	by this section, the board of trustees of a school district or the
675	675	governing body of a local control [home-rule] school district may
676	676	grant a district charter to a campus to the extent authorized under
677	677	this section.
678	678	SECTION 10. Section 12.101(a), Education Code, is amended
679	679	to read as follows:
680	680	(a) In accordance with this subchapter, the commissioner
681	681	may grant a charter on the application of an eligible entity for an
682	682	open-enrollment charter school to operate in a facility of a
683	683	commercial or nonprofit entity, an eligible entity, or a school
684	684	district, including a local control [home-rule] school district.
685	685	In this subsection, "eligible entity" means:
686	686	(1) an institution of higher education as defined
687	687	under Section 61.003;
688	688	(2) a private or independent institution of higher
689	689	education as defined under Section 61.003;
690	690	(3) an organization that is exempt from taxation under
691	691	Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
692	692	501(c)(3)); or
693	693	(4) a governmental entity.
694	694	SECTION 11. Sections 22.003(d) and (e), Education Code, are
695	695	amended to read as follows:
696	696	(d) A school district employee with available personal
697	697	leave under this section is entitled to use the leave for
698	698	compensation during a term of active military service. This
699	699	subsection applies to any personal or sick leave available under
700	700	former law or provided by local policy of a school district,
701	701	including a local control [home-rule] school district.
702	702	(e) A school district, including a local control
703	703	[home-rule] school district, may adopt a policy providing for the
704	704	paid leave of absence of employees taking leave for active military
705	705	service as part of the consideration of employment by the district.
706	706	SECTION 12. Section 37.007(e), Education Code, is amended
707	707	to read as follows:
708	708	(e) In accordance with 20 U.S.C. Section 7151, a local
709	709	educational agency, including a school district, local control
710	710	[home-rule] school district, or open-enrollment charter school,
711	711	shall expel a student who brings a firearm, as defined by 18 U.S.C.
712	712	Section 921, to school. The student must be expelled from the
713	713	student's regular campus for a period of at least one year, except
714	714	that:
715	715	(1) the superintendent or other chief administrative
716	716	officer of the school district or of the other local educational
717	717	agency, as defined by 20 U.S.C. Section 7801, may modify the length
718	718	of the expulsion in the case of an individual student;
719	719	(2) the district or other local educational agency
720	720	shall provide educational services to an expelled student in a
721	721	disciplinary alternative education program as provided by Section
722	722	37.008 if the student is younger than 10 years of age on the date of
723	723	expulsion; and
724	724	(3) the district or other local educational agency may
725	725	provide educational services to an expelled student who is 10 years
726	726	of age or older in a disciplinary alternative education program as
727	727	provided in Section 37.008.
728	728	SECTION 13. Section 37.022(a)(2), Education Code, is
729	729	amended to read as follows:
730	730	(2) "District or school" includes an independent
731	731	school district, a local control [home-rule] school district, a
732	732	campus or campus program charter holder, or an open-enrollment
733	733	charter school.
734	734	SECTION 14. Section 38.152, Education Code, is amended to
735	735	read as follows:
736	736	Sec. 38.152. APPLICABILITY. This subchapter applies to an
737	737	interscholastic athletic activity, including practice and
738	738	competition, sponsored or sanctioned by:
739	739	(1) a school district, including a local control
740	740	[home-rule] school district, or a public school, including any
741	741	school for which a charter has been granted under Chapter 12; or
742	742	(2) the University Interscholastic League.
743	743	SECTION 15. Section 38.157(c), Education Code, is amended
744	744	to read as follows:
745	745	(c) The school district superintendent or the
746	746	superintendent's designee or, in the case of a local control
747	747	[home-rule] school district or open-enrollment charter school, the
748	748	person who serves the function of superintendent or that person's
749	749	designee shall supervise an athletic trainer or other person
750	750	responsible for compliance with the return-to-play protocol. The
751	751	person who has supervisory responsibilities under this subsection
752	752	may not be a coach of an interscholastic athletics team.
753	753	SECTION 16. Section 38.158(f), Education Code, is amended
754	754	to read as follows:
755	755	(f) Each person described by Subsection (c) must submit
756	756	proof of timely completion of an approved course in compliance with
757	757	Subsection (e) to the school district superintendent or the
758	758	superintendent's designee or, in the case of a local control
759	759	[home-rule] school district or open-enrollment charter school, a
760	760	person who serves the function of a superintendent or that person's
761	761	designee.
762	762	SECTION 17. Section 39.102(a), Education Code, is amended
763	763	to read as follows:
764	764	(a) If a school district does not satisfy the accreditation
765	765	criteria under Section 39.052, the academic performance standards
766	766	under Section 39.053 or 39.054, or any financial accountability
767	767	standard as determined by commissioner rule, the commissioner shall
768	768	take any of the following actions to the extent the commissioner
769	769	determines necessary:
770	770	(1) issue public notice of the deficiency to the board
771	771	of trustees;
772	772	(2) order a hearing conducted by the board of trustees
773	773	of the district for the purpose of notifying the public of the
774	774	insufficient performance, the improvements in performance expected
775	775	by the agency, and the interventions and sanctions that may be
776	776	imposed under this section if the performance does not improve;
777	777	(3) order the preparation of a student achievement
778	778	improvement plan that addresses each student achievement indicator
779	779	under Section 39.053(c) for which the district's performance is
780	780	insufficient, the submission of the plan to the commissioner for
781	781	approval, and implementation of the plan;
782	782	(4) order a hearing to be held before the commissioner
783	783	or the commissioner's designee at which the president of the board
784	784	of trustees of the district and the superintendent shall appear and
785	785	explain the district's low performance, lack of improvement, and
786	786	plans for improvement;
787	787	(5) arrange an on-site investigation of the district;
788	788	(6) appoint an agency monitor to participate in and
789	789	report to the agency on the activities of the board of trustees or
790	790	the superintendent;
791	791	(7) appoint a conservator to oversee the operations of
792	792	the district;
793	793	(8) appoint a management team to direct the operations
794	794	of the district in areas of insufficient performance or require the
795	795	district to obtain certain services under a contract with another
796	796	person;
797	797	(9) if a district has a current accreditation status
798	798	of accredited-warned or accredited-probation, fails to satisfy any
799	799	standard under Section 39.054(e), or fails to satisfy financial
800	800	accountability standards as determined by commissioner rule,
801	801	appoint a board of managers to exercise the powers and duties of the
802	802	board of trustees;
803	803	(10) if for two consecutive school years, including
804	804	the current school year, a district has received an accreditation
805	805	status of accredited-warned or accredited-probation, has failed to
806	806	satisfy any standard under Section 39.054(e), or has failed to
807	807	satisfy financial accountability standards as determined by
808	808	commissioner rule, revoke the district's accreditation and:
809	809	(A) order closure of the district and annex the
810	810	district to one or more adjoining districts under Section 13.054;
811	811	or
812	812	(B) in the case of a local control [home-rule]
813	813	school district or open-enrollment charter school, order closure of
814	814	all programs operated under the district's local control plan or
815	815	school's charter; or
816	816	(11) if a district has failed to satisfy any standard
817	817	under Section 39.054(e) due to the district's dropout rates, impose
818	818	sanctions designed to improve high school completion rates,
819	819	including:
820	820	(A) ordering the development of a dropout
821	821	prevention plan for approval by the commissioner;
822	822	(B) restructuring the district or appropriate
823	823	school campuses to improve identification of and service to
824	824	students who are at risk of dropping out of school, as defined by
825	825	Section 29.081;
826	826	(C) ordering lower student-to-counselor ratios
827	827	on school campuses with high dropout rates; and
828	828	(D) ordering the use of any other intervention
829	829	strategy effective in reducing dropout rates, including mentor
830	830	programs and flexible class scheduling.
831	831	SECTION 18. Section 42.152(c), Education Code, is amended
832	832	to read as follows:
833	833	(c) Funds allocated under this section shall be used to fund
834	834	supplemental programs and services designed to eliminate any
835	835	disparity in performance on assessment instruments administered
836	836	under Subchapter B, Chapter 39, or disparity in the rates of high
837	837	school completion between students at risk of dropping out of
838	838	school, as defined by Section 29.081, and all other students.
839	839	Specifically, the funds, other than an indirect cost allotment
840	840	established under State Board of Education rule, which may not
841	841	exceed 45 percent, may be used to meet the costs of providing a
842	842	compensatory, intensive, or accelerated instruction program under
843	843	Section 29.081 or a disciplinary alternative education program
844	844	established under Section 37.008, to pay the costs associated with
845	845	placing students in a juvenile justice alternative education
846	846	program established under Section 37.011, or to support a program
847	847	eligible under Title I of the Elementary and Secondary Education
848	848	Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
849	849	amendments, and by federal regulations implementing that Act, at a
850	850	campus at which at least 40 percent of the students are
851	851	educationally disadvantaged. In meeting the costs of providing a
852	852	compensatory, intensive, or accelerated instruction program under
853	853	Section 29.081, a district's compensatory education allotment
854	854	shall be used for costs supplementary to the regular education
855	855	program, such as costs for program and student evaluation,
856	856	instructional materials and equipment and other supplies required
857	857	for quality instruction, supplemental staff expenses, salary for
858	858	teachers of at-risk students, smaller class size, and
859	859	individualized instruction. A local control [home-rule] school
860	860	district or an open-enrollment charter school must use funds
861	861	allocated under Subsection (a) for a purpose authorized in this
862	862	subsection but is not otherwise subject to Subchapter C, Chapter
863	863	29. For purposes of this subsection, a program specifically
864	864	designed to serve students at risk of dropping out of school, as
865	865	defined by Section 29.081, is considered to be a program
866	866	supplemental to the regular education program, and a district may
867	867	use its compensatory education allotment for such a program.
868	868	SECTION 19. Section 7.102(c)(8), Education Code, is
869	869	repealed.
870	870	SECTION 20. This Act takes effect immediately if it
871	871	receives a vote of two-thirds of all the members elected to each
872	872	house, as provided by Section 39, Article III, Texas Constitution.
873	873	If this Act does not receive the vote necessary for immediate
874	874	effect, this Act takes effect September 1, 2015.