By: Taylor of Collin S.B. No. 1061
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the commissioner of education
regarding granting additional charters for open-enrollment charter
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1015 to read as follows:
Sec. 12.1015. ADDITIONAL CHARTER FOR OPEN-ENROLLMENT
CHARTER SCHOOLS ALLOWED. (a) Notwithstanding Section
12.101(b-3), the commissioner may grant more than one charter for
an open-enrollment charter school to a charter holder if the
additional charter is for an open-enrollment charter school that
has a distinct purpose or student population.
(b) The commissioner by rule shall identify various types of
open-enrollment charter schools to be used to determine if an
open-enrollment charter school has a distinct purpose or will serve
a different student population for purposes of this section. The
commissioner may award a charter under Subsection (a) if the
commissioner determines the charter will serve a distinct purpose
or student population regardless of whether the type of school for
which the charter is sought has been identified by the
commissioner.
(c) The rules adopted under Subsection (b) must account for
the following types of open-enrollment charter schools:
(1) an open-enrollment charter school that serves a
general student population through a distinctly different
educational model;
(2) an alternative education open-enrollment charter
school that serves students who:
(A) have dropped out of school; or
(B) are students at risk of dropping out of
school, as defined by Section 29.081;
(3) an open-enrollment charter school operating under
a charter granted under Section 12.1014;
(4) a virtual open-enrollment charter school;
(5) any other open-enrollment charter school that
serves a distinct student population, as determined by commissioner
rule; and
(6) an open-enrollment charter school that has assumed
the operations of another charter holder's open-enrollment charter
school or school district campus and is implementing a campus
turnaround plan approved by the commissioner under Chapter 39.
(d) Notwithstanding Subsection (c)(6), the transfer of an
existing charter school to a charter holder authorized under this
section does not affect the performance rating assigned for the
current school year or previous school years or any intervention or
sanction actions determined by the commissioner under this
subchapter or Chapter 39.
SECTION 2. This Act applies beginning with the 2017-2018
school year.
SECTION 3. This Act takes effect only if a specific
appropriation for the implementation of the Act is provided in a
general appropriations act of the 85th Legislature.
SECTION 4. 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.