1 | 1 | | 85R7690 MEW-D |
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2 | 2 | | By: Hinojosa H.B. No. 1261 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the admission policy of an open-enrollment charter |
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8 | 8 | | school. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 12.111(a), Education Code, is amended to |
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11 | 11 | | read as follows: |
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12 | 12 | | (a) Each charter granted under this subchapter must: |
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13 | 13 | | (1) describe the educational program to be offered, |
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14 | 14 | | which must include the required curriculum as provided by Section |
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15 | 15 | | 28.002; |
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16 | 16 | | (2) provide that continuation of the charter is |
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17 | 17 | | contingent on the status of the charter as determined under Section |
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18 | 18 | | 12.1141 or 12.115 or under Subchapter E, Chapter 39; |
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19 | 19 | | (3) specify the academic, operational, and financial |
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20 | 20 | | performance expectations by which a school operating under the |
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21 | 21 | | charter will be evaluated, which must include applicable elements |
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22 | 22 | | of the performance frameworks adopted under Section 12.1181; |
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23 | 23 | | (4) specify: |
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24 | 24 | | (A) any basis, in addition to a basis specified |
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25 | 25 | | by this subchapter or Subchapter E, Chapter 39, on which the charter |
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26 | 26 | | may be revoked, renewal of the charter may be denied, or the charter |
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27 | 27 | | may be allowed to expire; and |
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28 | 28 | | (B) the standards for evaluation of a school |
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29 | 29 | | operating under the charter for purposes of charter renewal, denial |
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30 | 30 | | of renewal, expiration, revocation, or other intervention in |
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31 | 31 | | accordance with Section 12.1141 or 12.115 or Subchapter E, Chapter |
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32 | 32 | | 39, as applicable; |
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33 | 33 | | (5) prohibit discrimination in admission policy on the |
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34 | 34 | | basis of sex, national origin, ethnicity, religion, disability, |
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35 | 35 | | discipline history, academic, artistic, or athletic ability, or the |
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36 | 36 | | district the child would otherwise attend in accordance with this |
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37 | 37 | | code, although the charter may[: |
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38 | 38 | | [(A) provide for the exclusion of a student who |
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39 | 39 | | has a documented history of a criminal offense, a juvenile court |
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40 | 40 | | adjudication, or discipline problems under Subchapter A, Chapter |
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41 | 41 | | 37; and |
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42 | 42 | | [(B)] provide for an admission policy that |
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43 | 43 | | requires a student to demonstrate artistic ability if the school |
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44 | 44 | | specializes in performing arts; |
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45 | 45 | | (6) specify the grade levels to be offered; |
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46 | 46 | | (7) describe the governing structure of the program, |
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47 | 47 | | including: |
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48 | 48 | | (A) the officer positions designated; |
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49 | 49 | | (B) the manner in which officers are selected and |
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50 | 50 | | removed from office; |
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51 | 51 | | (C) the manner in which members of the governing |
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52 | 52 | | body of the school are selected and removed from office; |
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53 | 53 | | (D) the manner in which vacancies on that |
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54 | 54 | | governing body are filled; |
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55 | 55 | | (E) the term for which members of that governing |
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56 | 56 | | body serve; and |
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57 | 57 | | (F) whether the terms are to be staggered; |
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58 | 58 | | (8) specify the powers or duties of the governing body |
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59 | 59 | | of the school that the governing body may delegate to an officer; |
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60 | 60 | | (9) specify the manner in which the school will |
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61 | 61 | | distribute to parents information related to the qualifications of |
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62 | 62 | | each professional employee of the program, including any |
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63 | 63 | | professional or educational degree held by each employee, a |
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64 | 64 | | statement of any certification under Subchapter B, Chapter 21, held |
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65 | 65 | | by each employee, and any relevant experience of each employee; |
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66 | 66 | | (10) describe the process by which the person |
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67 | 67 | | providing the program will adopt an annual budget; |
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68 | 68 | | (11) describe the manner in which an annual audit of |
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69 | 69 | | the financial and programmatic operations of the program is to be |
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70 | 70 | | conducted, including the manner in which the person providing the |
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71 | 71 | | program will provide information necessary for the school district |
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72 | 72 | | in which the program is located to participate, as required by this |
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73 | 73 | | code or by commissioner rule, in the Public Education Information |
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74 | 74 | | Management System (PEIMS); |
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75 | 75 | | (12) describe the facilities to be used; |
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76 | 76 | | (13) describe the geographical area served by the |
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77 | 77 | | program; |
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78 | 78 | | (14) specify any type of enrollment criteria to be |
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79 | 79 | | used; |
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80 | 80 | | (15) provide information, as determined by the |
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81 | 81 | | commissioner, relating to any management company that will provide |
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82 | 82 | | management services to a school operating under the charter; and |
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83 | 83 | | (16) specify that the governing body of an |
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84 | 84 | | open-enrollment charter school accepts and may not delegate |
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85 | 85 | | ultimate responsibility for the school, including the school's |
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86 | 86 | | academic performance and financial and operational viability, and |
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87 | 87 | | is responsible for overseeing any management company providing |
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88 | 88 | | management services for the school and for holding the management |
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89 | 89 | | company accountable for the school's performance. |
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90 | 90 | | SECTION 2. This Act takes effect September 1, 2017. |
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