TX
Texas House Bill HB3439

Texas 2017 - 85th Regular

Texas House Bill HB3439 Compare Versions

OldNewDifferences
1-85R24654 CAE-D
2- By: Koop, Meyer, Deshotel, Bohac, Longoria, H.B. No. 3439
3- et al.
4- Substitute the following for H.B. No. 3439:
5- By: Bohac C.S.H.B. No. 3439
1+85R12893 CAE-D
2+ By: Koop H.B. No. 3439
63
74
85 A BILL TO BE ENTITLED
96 AN ACT
107 relating to a school district contract to partner with an
11- open-enrollment charter school to operate a district campus.
8+ open-enrollment charter school to operate a district campus and
9+ share education resources.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Subchapter D, Chapter 11, Education Code, is
1412 amended by adding Section 11.174 to read as follows:
1513 Sec. 11.174. CONTRACT WITH OPEN-ENROLLMENT CHARTER SCHOOL
16- REGARDING OPERATION OF DISTRICT CAMPUS. (a) If the board of
17- trustees of a school district contracts with the governing body of
18- an open-enrollment charter school under Section 11.157 for the
19- district to partner with the charter school to operate a district
20- campus as provided by this section, the campus qualifies for:
21- (1) an exemption from intervention as provided by
22- Subsection (f); and
23- (2) funding as provided under Section 42.2511.
24- (b) An open-enrollment charter school may contract with a
25- school district under this section only if:
14+ REGARDING OPERATION OF DISTRICT CAMPUS. (a) The board of trustees
15+ of a school district may contract with the governing body of an
16+ open-enrollment charter school for the district to partner with the
17+ charter school to operate a district campus and share teachers,
18+ facilities, or other education resources on that campus.
19+ (b) The board of trustees of a school district may not enter
20+ into a contract as provided by Subsection (a) if:
2621 (1) the charter of the open-enrollment charter school
27- has not been previously revoked; and
28- (2) for two of the three school years preceding the
29- school year of the proposed operation of the district campus as
30- described by Subsection (a), the charter school has received:
31- (A) an overall performance rating of acceptable
32- or higher under Subchapter C, Chapter 39; and
33- (B) a financial accountability rating under
34- Subchapter D, Chapter 39, indicating financial performance of
35- satisfactory or higher.
36- (c) Before entering into a contract as provided by this
37- section, a school district must consult with campus personnel
38- regarding the provisions to be included in the contract between the
39- school district and the open-enrollment charter school.
40- (d) To operate a district campus as provided by this
41- section, the district campus must be granted a charter under
42- Subchapter C, Chapter 12.
43- (e) The commissioner shall continue to evaluate and assign
44- overall and domain performance ratings under Section 39.054 to a
45- district campus subject to a contract described by Subsection (a).
46- (f) This subsection applies only to a district campus
47- subject to a contract described by Subsection (a) that received an
48- overall performance rating of unacceptable under Subchapter C,
49- Chapter 39, for the school year before operation of the district
50- campus under the contract began. The commissioner may not impose a
51- sanction or take action against the campus under Section 39.107(a)
52- or (e) for failure to satisfy academic performance standards during
53- the first two school years the open-enrollment charter school
54- operates the district campus. The overall performance rating
55- received by the campus during those first two school years is not
56- included in calculating consecutive school years and is not
57- considered a break in consecutive school years under Section
58- 39.107(a) or (e).
59- (g) A campus subject to Subsection (f) that receives an
60- overall performance rating of unacceptable under Subchapter C,
61- Chapter 39, for any school year after the first two school years the
62- school district and the open-enrollment charter school began
63- operation of the district campus may receive an exemption from a
64- sanction or other action only if the campus receives approval for
65- the exemption from the commissioner.
66- (h) Subject to Subsection (i), a contract entered into by
67- the board of trustees of a school district and the governing body of
68- an open-enrollment charter school for the operation of a district
69- campus as provided by Subsection (a) must include a provision
70- addressing student eligibility for enrollment.
71- (i) The contract of a campus subject to Subsection (f) must
72- provide that any student residing in the attendance zone of the
73- district campus as the attendance zone existed before operation of
74- the district campus under the contract shall be admitted for
75- enrollment at the campus. The contract must establish enrollment
76- preference for students who do not reside in the attendance zone as
77- follows:
78- (1) other students residing in the school district in
79- which the campus is located; and
80- (2) students who reside outside the school district.
81- (j) The commissioner may adopt rules as necessary to
82- administer this section, including requiring a school district to
83- notify the commissioner of any contract entered into under this
84- section by the district and open-enrollment charter school.
85- (k) This section does not prohibit a contract between a
86- school district and another entity for the provision of services
87- for the campus.
88- SECTION 2. Subchapter E, Chapter 42, Education Code, is
89- amended by adding Section 42.2511 to read as follows:
90- Sec. 42.2511. SCHOOL DISTRICT ENTITLEMENT FOR CERTAIN
91- STUDENTS. (a) This section applies only to a school district that
92- has entered into a contract with an open-enrollment charter school
93- to operate a district campus as provided by Section 11.174.
94- (b) Notwithstanding any other provision of this chapter or
95- Chapter 41, a school district subject to this section is entitled to
96- receive for each student in average daily attendance at the campus
97- described by Subsection (a) an amount equivalent to the difference,
98- if the difference results in increased funding, between:
99- (1) the amount described by Section 12.106; and
100- (2) the amount to which the district would be entitled
101- under this chapter.
102- (c) The commissioner shall adopt rules as necessary to
22+ has been previously revoked; or
23+ (2) the charter school has received an unacceptable
24+ performance rating under Subchapter C, Chapter 39, for each of the
25+ three school years preceding the school year of the proposed
26+ operation of the district campus as described by Subsection (a).
27+ (c) Except as provided by Subsection (d), the commissioner
28+ shall continue to evaluate and assign performance ratings under
29+ Section 39.054 to a school district, district campus, and
30+ open-enrollment charter school subject to a contract described by
31+ Subsection (a).
32+ (d) This subsection applies only to a campus subject to a
33+ contract described by Subsection (a) that received a D or F for a
34+ performance rating under Subchapter C, Chapter 39, for the school
35+ year before the school district and the open-enrollment charter
36+ school began operation of the district campus. Notwithstanding any
37+ other law, the commissioner shall assign a campus subject to this
38+ subsection a performance rating of "undesignated" under Section
39+ 39.054 for the first school year of the operation of the campus by
40+ the district and the charter school. The commissioner may not
41+ impose a sanction or take action against the campus under
42+ Subchapter E, Chapter 39, for failure to satisfy academic
43+ performance standards during that first school year.
44+ (e) The commissioner may adopt rules as necessary to
45+ administer this section.
46+ SECTION 2. Subchapter A, Chapter 42, Education Code, is
47+ amended by adding Section 42.010 to read as follows:
48+ Sec. 42.010. SCHOOL DISTRICT ENTITLEMENT FOR CERTAIN
49+ STUDENTS. (a) This section applies only to a school district and
50+ an open-enrollment charter school that enter into a contract to
51+ operate a district campus and share teachers, facilities, or other
52+ education resources as provided by Section 11.174.
53+ (b) Notwithstanding any other provision of this chapter, a
54+ school district and open-enrollment charter school to which this
55+ section applies collectively are entitled to receive the greater of
56+ the following amount for each student in weighted average daily
57+ attendance at the campus:
58+ (1) the amount to which the district would be entitled
59+ under this chapter; or
60+ (2) the amount described by Section 12.106.
61+ (c) The amount provided under Subsection (b) must be
62+ allocated in accordance with the contract described by Subsection
63+ (a).
64+ (d) The commissioner shall adopt rules as necessary to
10365 administer this section.
10466 SECTION 3. This Act applies beginning with the 2017-2018
10567 school year.
10668 SECTION 4. This Act takes effect immediately if it receives
10769 a vote of two-thirds of all the members elected to each house, as
10870 provided by Section 39, Article III, Texas Constitution. If this
10971 Act does not receive the vote necessary for immediate effect, this
11072 Act takes effect September 1, 2017.