85R7536 KJE-D
By: Villalba H.B. No. 1269
A BILL TO BE ENTITLED
AN ACT
relating to open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.106, Education Code, is amended by
adding Subsections (a-3), (a-4), (a-5), (a-6), (d), and (e) to read
as follows:
(a-3) In addition to the funding provided by Subsections
(a), (a-2), and (d), a charter holder who meets the eligibility
requirements under Subsection (a-4) is entitled to receive for the
open-enrollment charter school supplemental funding for each
student in weighted average daily attendance in an amount equal to
the difference between:
(1) the statewide average amount of state and local
revenue, including maintenance and operations revenue and revenue
for debt service, of a school district per student in weighted
average daily attendance; and
(2) the sum of:
(A) the amount of funding per student in weighted
average daily attendance to which the charter holder is entitled
under Subsections (a) and (a-2); and
(B) the amount of funding per student in average
daily attendance to which the charter holder is entitled under
Subsection (d).
(a-4) A charter holder is eligible to receive supplemental
funding under Subsection (a-3) if:
(1) for a charter holder for whom at least 50 percent
of enrolled students for the current year are economically
disadvantaged, as determined by the agency, the percentage of the
charter holder's economically disadvantaged students who achieved
the college readiness performance standard on two or more
assessment instruments administered under Section 39.023(a) or (c)
exceeded the percentage of all economically disadvantaged students
in the state who achieved that standard on two or more of those
assessment instruments for at least two of the last three preceding
school years;
(2) for a charter holder for whom less than 50 percent
of enrolled students for the current year are economically
disadvantaged, as determined by the agency, the percentage of the
charter holder's students who are not economically disadvantaged
and who achieved the college readiness performance standard on two
or more assessment instruments administered under Section
39.023(a) or (c) exceeded the percentage of all students in the
state who are not economically disadvantaged and who achieved that
standard on two or more of those assessment instruments for at least
two of the last three preceding school years; or
(3) the charter holder has qualified for and received
supplemental funding under Subdivision (1) or (2) for three
consecutive school years.
(a-5) A charter holder who establishes eligibility under
Subsection (a-4)(3) remains eligible for supplemental funding in
subsequent school years and is not required for those years to
satisfy the criteria described by Subsection (a-4)(1) or (2),
provided that the charter holder continues to comply with the
requirements imposed by Section 12.1071(c).
(a-6) In determining eligibility for supplemental funding
under Subsection (a-4) for the current year, a charter holder may
elect to exclude the results on assessment instruments administered
to students enrolled at a campus established two years or less
before the date on which eligibility is determined if the charter
holder notifies the agency of the charter holder's election not
later than the date specified by the commissioner.
(d) In addition to other amounts provided by this section, a
charter holder is entitled to receive for the open-enrollment
charter school funding per student in average daily attendance in
an amount equal to the state average amount of state funds per
student in average daily attendance collected by independent school
districts under Sections 46.003(a) and 46.032(a).
(e) Notwithstanding any other provision of this section,
the total amount of funding per student in weighted average daily
attendance to which a charter holder may be entitled for an
open-enrollment charter school under this section, including a
charter holder eligible for supplemental funding under Subsection
(a-3), may not exceed the average amount of state and local revenue,
including maintenance and operations revenue and revenue for debt
service, per student in weighted average daily attendance of the
school districts located within the regional boundaries of the
regional education service center within whose boundaries a
majority of the charter holder's students attend school. If a
charter holder's funding would exceed that amount, the amount of
maintenance and operations funding and debt service funding to
which the charter holder would otherwise be entitled under this
section shall be reduced proportionately to comply with the maximum
amount of funding described by this subsection.
SECTION 2. Section 12.1071, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) A charter holder who accepts supplemental funding under
Section 12.106(a-3) for a school year:
(1) may not expel a student during that school year
unless the expulsion is required or permitted under Chapter 37; and
(2) shall provide a disciplinary alternative
education program or juvenile justice alternative education
program, as applicable, during that school year to a student for
whom a school district would be required to provide the program
under Chapter 37, in the manner provided by that chapter.
SECTION 3. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
a procedure for providing notice to the following persons on
receipt by the commissioner of an application for a charter for an
open-enrollment charter school under Section 12.110 or of notice of
the establishment of a campus as authorized under Section
12.101(b-4):
(1) the superintendent and board of trustees of each
school district within a three-mile radius of the address or
intersection at [from] which the proposed open-enrollment charter
school or campus is likely to be located [draw students, as
determined by the commissioner]; and
(2) each member of the legislature who [that]
represents a [the] geographic area within a three-mile radius of
the address or intersection at which [to be served by] the proposed
school or campus is likely to be located [, as determined by the
commissioner].
(b) Not later than the 30th day after the date on which an
applicant or charter holder acquires property intended to serve as
the location of a proposed open-enrollment charter school or campus
for which notice was provided under Subsection (a), the applicant
or charter holder shall provide notice of the address of the
acquired property to:
(1) the superintendent and board of trustees of each
school district within a three-mile radius of the property; and
(2) each member of the legislature who represents a
geographic area within a three-mile radius of the property.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.138 and 12.139 to read as follows:
Sec. 12.138. CONTRACTS TO OPERATE ALTERNATIVE EDUCATION
PROGRAMS. (a) A charter holder who receives supplemental funding
under Section 12.106(a-3) shall enter into a memorandum of
understanding with the juvenile board of the county in which the
majority of the charter holder's students attend school for the
board to operate on behalf of the charter holder a juvenile justice
alternative education program required under Section 12.1071(c) if
the board has developed such a program. The board is entitled to
receive all funding to which the charter holder would otherwise
have been entitled for each student enrolled by the charter holder
in the program.
(b) A charter holder who receives supplemental funding
under Section 12.106(a-3) may enter into a memorandum of
understanding with the board of trustees of a school district
located within the regional boundaries of the regional education
service center within whose boundaries the majority of the charter
holder's students attend school for the district to operate on
behalf of the charter holder a disciplinary alternative education
program required under Section 12.1071(c). The district is entitled
to receive all funding to which the charter holder would otherwise
have been entitled for each student enrolled by the charter holder
in the program.
(c) The juvenile board of a county or board of trustees of a
school district shall enter into a memorandum of understanding as
provided by Subsection (a) or (b) on request by a charter holder to
whom that subsection applies.
(d) Each student enrolled by a charter holder in an
alternative education program under Subsection (a) or (b) is
considered a student of the charter holder for purposes of:
(1) determining the amount of funding to which the
charter holder would otherwise have been entitled for that student
under Section 12.106, including eligibility for supplemental
funding under Section 12.106(a-3); and
(2) accountability under Chapter 39.
Sec. 12.139. CONTRACT TO OPERATE SCHOOL DISTRICT CAMPUS.
(a) A charter holder who receives supplemental funding under
Section 12.106(a-3) may contract with the board of trustees of a
school district for the charter holder to operate one or more of the
district's campuses. The district may receive all or part of the
charter holder's supplemental funding, in an amount determined by
the charter holder, to which the charter holder is entitled for each
student enrolled at that campus.
(b) Each student enrolled at a campus operated by a charter
holder under Subsection (a) is considered a student of:
(1) the charter holder for purposes of determining the
amount of funding to which the charter holder is entitled for that
student under Section 12.106, including eligibility for
supplemental funding under Section 12.106(a-3); and
(2) the school district for purposes of accountability
under Chapter 39.
(c) Notwithstanding any other provision of this code, for
not less than three years after the date on which a charter holder
begins operating a school district's campus under Subsection (a),
the commissioner may not take action against the campus under
Subchapter E, Chapter 39, for the reason that the campus received
the lowest performance rating under Section 39.054.
SECTION 5. Subchapter A, Chapter 11, Education Code, is
amended by adding Section 11.004 to read as follows:
Sec. 11.004. CONTRACT WITH HIGH-PERFORMING OPEN-ENROLLMENT
CHARTER SCHOOL TO OPERATE CAMPUS. The board of trustees of a school
district may contract with an open-enrollment charter school to
which Section 12.139 applies for the charter school to operate one
or more of the district's campuses as provided by that section.
SECTION 6. (a) Except as provided by Subsection (b) of this
section, this Act applies beginning with the 2017-2018 school year.
(b) Section 12.106(d), Education Code, as added by this Act,
applies to funding per student in average daily attendance at an
open-enrollment charter school for the 2017-2018 and 2018-2019
school years only if the 85th Legislature makes a specific
appropriation to implement that provision.
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, 2017.