Texas 2015 - 84th Regular

Texas Senate Bill SB1897 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Taylor of Galveston S.B. No. 1897
2		-	(In the Senate - Filed March 13, 2015; March 25, 2015, read
3		-	first time and referred to Committee on Education; May 5, 2015,
4		-	reported adversely, with favorable Committee Substitute by the
5		-	following vote: Yeas 10, Nays 1; May 5, 2015, sent to printer.)
6		-	Click here to see the committee vote
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1897 By: Taylor of Galveston
8	2
9	3
10	4		A BILL TO BE ENTITLED
11	5		AN ACT
12	6		relating to public school accountability, including the powers and
13	7		duties of the commissioner of education regarding open-enrollment
14	8		charter schools.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Section 12.101, Education Code, is amended by
17	11		amending Subsection (b-4) and adding Subsection (b-9) to read as
18	12		follows:
19	13		(b-4) Notwithstanding Section 12.114, approval of the
20	14		commissioner under that section is not required for establishment
21	15		of a new open-enrollment charter school campus if the requirements
22	16		of this subsection[, including the absence of commissioner
23	17		disapproval under Subdivision (3),] are satisfied. A charter
24	18		holder having an accreditation status of accredited and at least 50
25	19		percent of its student population in grades assessed under
26	20		Subchapter B, Chapter 39, or at least 50 percent of the students in
27	21		the grades assessed having been enrolled in the school for at least
28	22		three school years may establish one or more new campuses under an
29	23		existing charter held by the charter holder if:
30	24		(1) the charter holder is currently evaluated under
31	25		the standard accountability procedures for evaluation under
32	26		Chapter 39 and received a district rating in the highest or second
33	27		highest performance rating category under Subchapter C, Chapter 39,
34	28		for three of the last five years with at least 75 percent of the
35	29		campuses rated under the charter also receiving a rating in the
36	30		highest or second highest performance rating category and, [with no
37	31		campus with a rating in the lowest performance rating category] in
38	32		the most recent ratings, no more than 10 percent of the campuses
39	33		under the charter have received a rating in the lowest performance
40	34		rating category;
41	35		(2) the charter holder provides written notice to the
42	36		commissioner of the establishment of any campus under this
43	37		subsection in the time, manner, and form provided by rule of the
44	38		commissioner; and
45	39		(3) not later than the 60th day after the date the
46	40		charter holder provides written notice under Subdivision (2), the
47	41		commissioner does not provide written notice to the charter holder
48	42		that the commissioner has determined that the charter holder does
49	43		not satisfy the requirements of this section [of disapproval of a
50	44		new campus under this section].
51	45		(b-9) Notwithstanding Subsection (b-3), the commissioner
52	46		may grant an additional charter for an open-enrollment charter
53	47		school to a charter holder if:
54	48		(1) one of the charters is for a virtual
55	49		open-enrollment charter school that provides only electronic
56	50		courses through the state virtual school network; and
57	51		(2) the other charter is for any other type of
58	52		open-enrollment charter school allowable under this chapter or
59	53		commissioner rule.
60	54		SECTION 2. Section 12.1141, Education Code, is amended by
61	55		adding Subsection (l) to read as follows:
62	56		(l) For purposes of determination of renewal under
63	57		Subsection (d), the charter holder's first assigned performance
64	58		rating under Subchapter C, Chapter 39, or first assigned
65	59		performance rating under Subchapter D, Chapter 39, may not be
66	60		considered.
67	61		SECTION 3. Section 12.115, Education Code, is amended by
68	62		adding Subsection (c-2) to read as follows:
69	63		(c-2) For purposes of revocation under Subsection (c), a
70	64		charter holder's first assigned performance rating under
71	65		Subchapter C, Chapter 39, or first assigned performance rating
72	66		under Subchapter D, Chapter 39, may not be considered.
73	67		SECTION 4. Section 12.116, Education Code, is amended by
74	68		amending Subsection (a) and adding Subsection (a-1) to read as
75	69		follows:
76	70		(a) The commissioner shall adopt an informal procedure to be
77	71		used for:
78	72		(1) revoking the charter of an open-enrollment charter
79	73		school or for reconstituting the governing body of the charter
80	74		holder as authorized by Section 12.115; and
81	75		(2) denying the renewal of a charter of an
82	76		open-enrollment charter school as authorized by Section
83	77		12.1141(c).
84	78		(a-1) The procedure adopted under Subsection (a) must allow
85	79		representatives of the charter holder to meet with the commissioner
86	80		to discuss the commissioner's decision and must allow the charter
87	81		holder to submit additional information to the commissioner
88	82		relating to the commissioner's decision. In a final decision
89	83		issued by the commissioner, the commissioner shall provide a
90	84		written response to any information the charter holder submits
91	85		under this subsection.
92	86		SECTION 5. Section 39.151, Education Code, is amended by
93	87		amending Subsection (b) and adding Subsection (c-1) to read as
94	88		follows:
95	89		(b) The rules under Subsection (a) must provide for the
96	90		commissioner to appoint a committee to make recommendations to the
97	91		commissioner on a challenge made to an agency decision relating to
98	92		an academic performance rating or determination or financial
99	93		accountability rating. The committee shall review the challenge
100	94		regardless of the issue identified in the challenge by the school
101	95		district or open-enrollment charter school. The commissioner may
102	96		not appoint an agency employee as a member of the committee.
103	97		(c-1) The commissioner may not limit a challenge relating to
104	98		a data or calculation error or inaccuracy attributable to the
105	99		school district or open-enrollment charter school, even if the
106	100		challenge demonstrates the data or calculation error or inaccuracy
107	101		caused the district or school to have a lower academic or financial
108	102		accountability rating. If a challenge demonstrates that the data
109	103		or calculation error or inaccuracy caused the district or school to
110	104		have a lower academic or financial accountability rating, the
111	105		commissioner shall assign the district or school the corrected
112	106		rating or shall indicate that the district or school will not be
113	107		rated for that school year. The commissioner may not revoke the
114	108		charter of an open-enrollment charter school as provided by Section
115	109		12.115(c) or allow the charter to expire as provided by Section
116	110		12.1141(d) if for one of the school years considered for the
117	111		commissioner's decision the school is not rated as provided by this
118	112		subsection.
119	113		SECTION 6. This Act applies beginning with the 2015-2016
120	114		school year.
121	115		SECTION 7. This Act takes effect immediately if it receives
122	116		a vote of two-thirds of all the members elected to each house, as
123	117		provided by Section 39, Article III, Texas Constitution. If this
124	118		Act does not receive the vote necessary for immediate effect, this
125	119		Act takes effect September 1, 2015.
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