Texas 2017 - 85th Regular

Texas House Bill HB1269 Compare Versions

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

Old	New	Differences
1	1	85R7536 KJE-D
2	2	By: Villalba H.B. No. 1269
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to open-enrollment charter schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.106, Education Code, is amended by
10	10	adding Subsections (a-3), (a-4), (a-5), (a-6), (d), and (e) to read
11	11	as follows:
12	12	(a-3) In addition to the funding provided by Subsections
13	13	(a), (a-2), and (d), a charter holder who meets the eligibility
14	14	requirements under Subsection (a-4) is entitled to receive for the
15	15	open-enrollment charter school supplemental funding for each
16	16	student in weighted average daily attendance in an amount equal to
17	17	the difference between:
18	18	(1) the statewide average amount of state and local
19	19	revenue, including maintenance and operations revenue and revenue
20	20	for debt service, of a school district per student in weighted
21	21	average daily attendance; and
22	22	(2) the sum of:
23	23	(A) the amount of funding per student in weighted
24	24	average daily attendance to which the charter holder is entitled
25	25	under Subsections (a) and (a-2); and
26	26	(B) the amount of funding per student in average
27	27	daily attendance to which the charter holder is entitled under
28	28	Subsection (d).
29	29	(a-4) A charter holder is eligible to receive supplemental
30	30	funding under Subsection (a-3) if:
31	31	(1) for a charter holder for whom at least 50 percent
32	32	of enrolled students for the current year are economically
33	33	disadvantaged, as determined by the agency, the percentage of the
34	34	charter holder's economically disadvantaged students who achieved
35	35	the college readiness performance standard on two or more
36	36	assessment instruments administered under Section 39.023(a) or (c)
37	37	exceeded the percentage of all economically disadvantaged students
38	38	in the state who achieved that standard on two or more of those
39	39	assessment instruments for at least two of the last three preceding
40	40	school years;
41	41	(2) for a charter holder for whom less than 50 percent
42	42	of enrolled students for the current year are economically
43	43	disadvantaged, as determined by the agency, the percentage of the
44	44	charter holder's students who are not economically disadvantaged
45	45	and who achieved the college readiness performance standard on two
46	46	or more assessment instruments administered under Section
47	47	39.023(a) or (c) exceeded the percentage of all students in the
48	48	state who are not economically disadvantaged and who achieved that
49	49	standard on two or more of those assessment instruments for at least
50	50	two of the last three preceding school years; or
51	51	(3) the charter holder has qualified for and received
52	52	supplemental funding under Subdivision (1) or (2) for three
53	53	consecutive school years.
54	54	(a-5) A charter holder who establishes eligibility under
55	55	Subsection (a-4)(3) remains eligible for supplemental funding in
56	56	subsequent school years and is not required for those years to
57	57	satisfy the criteria described by Subsection (a-4)(1) or (2),
58	58	provided that the charter holder continues to comply with the
59	59	requirements imposed by Section 12.1071(c).
60	60	(a-6) In determining eligibility for supplemental funding
61	61	under Subsection (a-4) for the current year, a charter holder may
62	62	elect to exclude the results on assessment instruments administered
63	63	to students enrolled at a campus established two years or less
64	64	before the date on which eligibility is determined if the charter
65	65	holder notifies the agency of the charter holder's election not
66	66	later than the date specified by the commissioner.
67	67	(d) In addition to other amounts provided by this section, a
68	68	charter holder is entitled to receive for the open-enrollment
69	69	charter school funding per student in average daily attendance in
70	70	an amount equal to the state average amount of state funds per
71	71	student in average daily attendance collected by independent school
72	72	districts under Sections 46.003(a) and 46.032(a).
73	73	(e) Notwithstanding any other provision of this section,
74	74	the total amount of funding per student in weighted average daily
75	75	attendance to which a charter holder may be entitled for an
76	76	open-enrollment charter school under this section, including a
77	77	charter holder eligible for supplemental funding under Subsection
78	78	(a-3), may not exceed the average amount of state and local revenue,
79	79	including maintenance and operations revenue and revenue for debt
80	80	service, per student in weighted average daily attendance of the
81	81	school districts located within the regional boundaries of the
82	82	regional education service center within whose boundaries a
83	83	majority of the charter holder's students attend school. If a
84	84	charter holder's funding would exceed that amount, the amount of
85	85	maintenance and operations funding and debt service funding to
86	86	which the charter holder would otherwise be entitled under this
87	87	section shall be reduced proportionately to comply with the maximum
88	88	amount of funding described by this subsection.
89	89	SECTION 2. Section 12.1071, Education Code, is amended by
90	90	adding Subsection (c) to read as follows:
91	91	(c) A charter holder who accepts supplemental funding under
92	92	Section 12.106(a-3) for a school year:
93	93	(1) may not expel a student during that school year
94	94	unless the expulsion is required or permitted under Chapter 37; and
95	95	(2) shall provide a disciplinary alternative
96	96	education program or juvenile justice alternative education
97	97	program, as applicable, during that school year to a student for
98	98	whom a school district would be required to provide the program
99	99	under Chapter 37, in the manner provided by that chapter.
100	100	SECTION 3. Section 12.1101, Education Code, is amended to
101	101	read as follows:
102	102	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
103	103	ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
104	104	a procedure for providing notice to the following persons on
105	105	receipt by the commissioner of an application for a charter for an
106	106	open-enrollment charter school under Section 12.110 or of notice of
107	107	the establishment of a campus as authorized under Section
108	108	12.101(b-4):
109	109	(1) the superintendent and board of trustees of each
110	110	school district within a three-mile radius of the address or
111	111	intersection at [from] which the proposed open-enrollment charter
112	112	school or campus is likely to be located [draw students, as
113	113	determined by the commissioner]; and
114	114	(2) each member of the legislature who [that]
115	115	represents a [the] geographic area within a three-mile radius of
116	116	the address or intersection at which [to be served by] the proposed
117	117	school or campus is likely to be located [, as determined by the
118	118	commissioner].
119	119	(b) Not later than the 30th day after the date on which an
120	120	applicant or charter holder acquires property intended to serve as
121	121	the location of a proposed open-enrollment charter school or campus
122	122	for which notice was provided under Subsection (a), the applicant
123	123	or charter holder shall provide notice of the address of the
124	124	acquired property to:
125	125	(1) the superintendent and board of trustees of each
126	126	school district within a three-mile radius of the property; and
127	127	(2) each member of the legislature who represents a
128	128	geographic area within a three-mile radius of the property.
129	129	SECTION 4. Subchapter D, Chapter 12, Education Code, is
130	130	amended by adding Sections 12.138 and 12.139 to read as follows:
131	131	Sec. 12.138. CONTRACTS TO OPERATE ALTERNATIVE EDUCATION
132	132	PROGRAMS. (a) A charter holder who receives supplemental funding
133	133	under Section 12.106(a-3) shall enter into a memorandum of
134	134	understanding with the juvenile board of the county in which the
135	135	majority of the charter holder's students attend school for the
136	136	board to operate on behalf of the charter holder a juvenile justice
137	137	alternative education program required under Section 12.1071(c) if
138	138	the board has developed such a program. The board is entitled to
139	139	receive all funding to which the charter holder would otherwise
140	140	have been entitled for each student enrolled by the charter holder
141	141	in the program.
142	142	(b) A charter holder who receives supplemental funding
143	143	under Section 12.106(a-3) may enter into a memorandum of
144	144	understanding with the board of trustees of a school district
145	145	located within the regional boundaries of the regional education
146	146	service center within whose boundaries the majority of the charter
147	147	holder's students attend school for the district to operate on
148	148	behalf of the charter holder a disciplinary alternative education
149	149	program required under Section 12.1071(c). The district is entitled
150	150	to receive all funding to which the charter holder would otherwise
151	151	have been entitled for each student enrolled by the charter holder
152	152	in the program.
153	153	(c) The juvenile board of a county or board of trustees of a
154	154	school district shall enter into a memorandum of understanding as
155	155	provided by Subsection (a) or (b) on request by a charter holder to
156	156	whom that subsection applies.
157	157	(d) Each student enrolled by a charter holder in an
158	158	alternative education program under Subsection (a) or (b) is
159	159	considered a student of the charter holder for purposes of:
160	160	(1) determining the amount of funding to which the
161	161	charter holder would otherwise have been entitled for that student
162	162	under Section 12.106, including eligibility for supplemental
163	163	funding under Section 12.106(a-3); and
164	164	(2) accountability under Chapter 39.
165	165	Sec. 12.139. CONTRACT TO OPERATE SCHOOL DISTRICT CAMPUS.
166	166	(a) A charter holder who receives supplemental funding under
167	167	Section 12.106(a-3) may contract with the board of trustees of a
168	168	school district for the charter holder to operate one or more of the
169	169	district's campuses. The district may receive all or part of the
170	170	charter holder's supplemental funding, in an amount determined by
171	171	the charter holder, to which the charter holder is entitled for each
172	172	student enrolled at that campus.
173	173	(b) Each student enrolled at a campus operated by a charter
174	174	holder under Subsection (a) is considered a student of:
175	175	(1) the charter holder for purposes of determining the
176	176	amount of funding to which the charter holder is entitled for that
177	177	student under Section 12.106, including eligibility for
178	178	supplemental funding under Section 12.106(a-3); and
179	179	(2) the school district for purposes of accountability
180	180	under Chapter 39.
181	181	(c) Notwithstanding any other provision of this code, for
182	182	not less than three years after the date on which a charter holder
183	183	begins operating a school district's campus under Subsection (a),
184	184	the commissioner may not take action against the campus under
185	185	Subchapter E, Chapter 39, for the reason that the campus received
186	186	the lowest performance rating under Section 39.054.
187	187	SECTION 5. Subchapter A, Chapter 11, Education Code, is
188	188	amended by adding Section 11.004 to read as follows:
189	189	Sec. 11.004. CONTRACT WITH HIGH-PERFORMING OPEN-ENROLLMENT
190	190	CHARTER SCHOOL TO OPERATE CAMPUS. The board of trustees of a school
191	191	district may contract with an open-enrollment charter school to
192	192	which Section 12.139 applies for the charter school to operate one
193	193	or more of the district's campuses as provided by that section.
194	194	SECTION 6. (a) Except as provided by Subsection (b) of this
195	195	section, this Act applies beginning with the 2017-2018 school year.
196	196	(b) Section 12.106(d), Education Code, as added by this Act,
197	197	applies to funding per student in average daily attendance at an
198	198	open-enrollment charter school for the 2017-2018 and 2018-2019
199	199	school years only if the 85th Legislature makes a specific
200	200	appropriation to implement that provision.
201	201	SECTION 7. This Act takes effect immediately if it receives
202	202	a vote of two-thirds of all the members elected to each house, as
203	203	provided by Section 39, Article III, Texas Constitution. If this
204	204	Act does not receive the vote necessary for immediate effect, this
205	205	Act takes effect September 1, 2017.