By: Taylor of Galveston S.B. No. 1897
A BILL TO BE ENTITLED
AN ACT
relating to public school accountability, including the powers and
duties of the commissioner of education regarding open-enrollment
charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101, Education Code, is amended by
amending Subsection (b-4) and adding Subsection (b-9) to read as
follows:
(b-4) Notwithstanding Section 12.114, approval of the
commissioner under that section is not required for establishment
of a new open-enrollment charter school campus if the requirements
of this subsection[, including the absence of commissioner
disapproval under Subdivision (3),] are satisfied. A charter
holder having an accreditation status of accredited and at least 50
percent of its student population in grades assessed under
Subchapter B, Chapter 39, or at least 50 percent of the students in
the grades assessed having been enrolled in the school for at least
three school years may establish one or more new campuses under an
existing charter held by the charter holder if:
(1) the charter holder is currently evaluated under
the standard accountability procedures for evaluation under
Chapter 39 and received a district rating in the highest or second
highest performance rating category under Subchapter C, Chapter 39,
for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the
highest or second highest performance rating category and, [with no
campus with a rating in the lowest performance rating category] in
the most recent ratings, no more than 10 percent of the campuses
under the charter have received a rating in the lowest performance
rating category;
(2) the charter holder provides written notice to the
commissioner of the establishment of any campus under this
subsection in the time, manner, and form provided by rule of the
commissioner; and
(3) not later than the 60th day after the date the
charter holder provides written notice under Subdivision (2), the
commissioner does not provide written notice to the charter holder
that the commissioner has determined that the charter holder does
not satisfy the requirements of this section [of disapproval of a
new campus under this section].
(b-9) Notwithstanding Subsection (b-3), the commissioner
may grant an additional charter for an open-enrollment charter
school to a charter holder if:
(1) one of the charters is for a virtual
open-enrollment charter school that provides only electronic
courses through the state virtual school network; and
(2) the other charter is for any other type of
open-enrollment charter school allowable under this chapter or
commissioner rule.
SECTION 2. Section 12.1141, Education Code, is amended by
adding Subsection (l) to read as follows:
(l) For purposes of determination of renewal under
Subsection (d), the charter holder's first assigned performance
rating under Subchapter C, Chapter 39, or first assigned
performance rating under Subchapter D, Chapter 39, may not be
considered.
SECTION 3. Section 12.115, Education Code, is amended by
adding Subsection (c-2) to read as follows:
(c-2) For purposes of revocation under Subsection (c), a
charter holder's first assigned performance rating under
Subchapter C, Chapter 39, or first assigned performance rating
under Subchapter D, Chapter 39, may not be considered.
SECTION 4. Section 12.116, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) The commissioner shall adopt an informal procedure to be
used for:
(1) revoking the charter of an open-enrollment charter
school or for reconstituting the governing body of the charter
holder as authorized by Section 12.115; and
(2) denying the renewal of a charter of an
open-enrollment charter school as authorized by Section
12.1141(c).
(a-1) The procedure adopted under Subsection (a) must allow
representatives of the charter holder to meet with the commissioner
to discuss the commissioner's decision and must allow the charter
holder to submit additional information to the commissioner
relating to the commissioner's decision. In a final decision
issued by the commissioner, the commissioner shall provide a
written response to any information the charter holder submits
under this subsection.
SECTION 5. Section 39.151, Education Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) The rules under Subsection (a) must provide for the
commissioner to appoint a committee to make recommendations to the
commissioner on a challenge made to an agency decision relating to
an academic performance rating or determination or financial
accountability rating. The committee shall review the challenge
regardless of the issue identified in the challenge by the school
district or open-enrollment charter school. The commissioner may
not appoint an agency employee as a member of the committee.
(c-1) The commissioner may not limit a challenge relating to
a data or calculation error or inaccuracy attributable to the
school district or open-enrollment charter school, even if the
challenge demonstrates the data or calculation error or inaccuracy
caused the district or school to have a lower academic or financial
accountability rating. If a challenge demonstrates that the data
or calculation error or inaccuracy caused the district or school to
have a lower academic or financial accountability rating, the
commissioner shall assign the district or school the corrected
rating or shall indicate that the district or school will not be
rated for that school year. The commissioner may not revoke the
charter of an open-enrollment charter school as provided by Section
12.115(c) or allow the charter to expire as provided by Section
12.1141(d) if for one of the school years considered for the
commissioner's decision the school is not rated as provided by this
subsection.
SECTION 6. This Act applies beginning with the 2015-2016
school year.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.