Texas 2017 - 85th Regular

Texas Senate Bill SB1882 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1882
	1	+	By: Menéndez, et al. S.B. No. 1882
	2	+	(Koop)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a school district contract to partner with an
6	8		open-enrollment charter school to operate a district campus.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subchapter D, Chapter 11, Education Code, is
9	11		amended by adding Section 11.174 to read as follows:
10		-	Sec. 11.174. CONTRACT REGARDING OPERATION OF DISTRICT
11		-	CAMPUS. (a) A school district campus qualifies for an exemption
12		-	from intervention as provided by Subsection (f) and qualifies for
13		-	funding as provided by Section 42.2511 if the board of trustees of
14		-	the district contracts to partner to operate the district campus as
15		-	provided by this section with:
16		-	(1) the governing body of an open-enrollment charter
17		-	school; or
18		-	(2) on approval by the commissioner, an entity granted
19		-	a charter by the district under Subchapter C, Chapter 12, that is
20		-	eligible to be awarded a charter under Section 12.101(a).
21		-	(b) The board of trustees of a school district may enter
22		-	into a contract as provided by Subsection (a) only if:
	12	+	Sec. 11.174. CONTRACT WITH OPEN-ENROLLMENT CHARTER SCHOOL
	13	+	REGARDING OPERATION OF DISTRICT CAMPUS. (a) If the board of
	14	+	trustees of a school district contracts with the governing body of
	15	+	an open-enrollment charter school under Section 11.157 for the
	16	+	district to partner with the charter school to operate a district
	17	+	campus as provided by this section, the campus qualifies for:
	18	+	(1) an exemption from intervention as provided by
	19	+	Subsection (f); and
	20	+	(2) funding as provided under Section 42.2511.
	21	+	(b) An open-enrollment charter school may contract with a
	22	+	school district under this section only if:
23	23		(1) the charter of the open-enrollment charter school
24		-	has not been previously revoked;
	24	+	has not been previously revoked; and
25	25		(2) for the three school years preceding the school
26	26		year of the proposed operation of the district campus as described
27		-	by Subsection (a), the ~~open-enrollment~~ charter school has received:
	27	+	by Subsection (a), the charter school has received:
28	28		(A) an overall performance rating of acceptable
29	29		or higher under Subchapter C, Chapter 39; and
30	30		(B) a financial accountability rating under
31	31		Subchapter D, Chapter 39, indicating financial performance of
32		-	satisfactory or higher; or
33		-	(3) the entity considered for a district-authorized
34		-	charter has not previously operated an open-enrollment charter
35		-	school in which the charter expired or was revoked or surrendered.
	32	+	satisfactory or higher.
36	33		(c) Before entering into a contract as provided by this
37	34		section, a school district must consult with campus personnel
38	35		regarding the provisions to be included in the contract between the
39		-	school district and the open-enrollment charter school. All rights
40		-	and protections afforded by current employment contracts or
41		-	agreements may not be affected by the contract entered into between
42		-	a school district and an open-enrollment charter school under this
43		-	section.
	36	+	school district and the open-enrollment charter school.
44	37		(d) To operate a district campus as provided by this
45	38		section, the district campus must be granted a charter under
46	39		Subchapter C, Chapter 12.
47	40		(e) The commissioner shall continue to evaluate and assign
48	41		overall and domain performance ratings under Section 39.054 to a
49	42		district campus subject to a contract described by Subsection (a).
50	43		(f) This subsection applies only to a district campus
51	44		subject to a contract described by Subsection (a) that received an
52	45		overall performance rating of unacceptable under Subchapter C,
53	46		Chapter 39, for the school year before operation of the district
54	47		campus under the contract began. The commissioner may not impose a
55	48		sanction or take action against the campus under Section 39.107(a)
56	49		or (e) for failure to satisfy academic performance standards during
57		-	the first two school years of operation of a district campus under
58		-	Subsection (a). The overall performance rating received by the
59		-	campus during those first two school years is not included in
60		-	calculating consecutive school years and is not considered a break
61		-	in consecutive school years under Section 39.107(a) or (e).
62		-	(g) A campus that receives an exemption from a sanction or
63		-	other action under Subsection (f) may receive another exemption
64		-	while operating under a subsequent contract only if the campus
65		-	receives approval for the exemption from the commissioner.
	50	+	the first two school years the open-enrollment charter school
	51	+	operates the district campus. The overall performance rating
	52	+	received by the campus during those first two school years is not
	53	+	included in calculating consecutive school years and is not
	54	+	considered a break in consecutive school years under Section
	55	+	39.107(a) or (e).
	56	+	(g) A campus subject to Subsection (f) that receives an
	57	+	overall performance rating of unacceptable under Subchapter C,
	58	+	Chapter 39, for any school year after the first two school years the
	59	+	school district and the open-enrollment charter school began
	60	+	operation of the district campus may receive an exemption from a
	61	+	sanction or other action only if the campus receives approval for
	62	+	the exemption from the commissioner.
66	63		(h) Subject to Subsection (i), a contract entered into by
67	64		the board of trustees of a school district and the governing body of
68	65		an open-enrollment charter school for the operation of a district
69	66		campus as provided by Subsection (a) must include a provision
70	67		addressing student eligibility for enrollment.
71	68		(i) The contract of a campus subject to Subsection (f) must
72	69		provide that any student residing in the attendance zone of the
73	70		district campus as the attendance zone existed before operation of
74	71		the district campus under the contract shall be admitted for
75	72		enrollment at the campus. The contract must establish enrollment
76	73		preference for students who do not reside in the attendance zone as
77	74		follows:
78	75		(1) other students residing in the school district in
79	76		which the campus is located; and
80	77		(2) students who reside outside the school district.
81		-	(j) An employee of an entity granted a district-authorized
82		-	charter that enters into a contract under this section to operate a
83		-	district campus is eligible for membership in and benefits from the
84		-	Teacher Retirement System of Texas if the employee would be
85		-	eligible for membership and benefits if holding the same position
86		-	at the district.
87		-	(k) A district proposing to enter into a contract under
88		-	Subsection (a)(2) shall notify the commissioner of the district's
89		-	intent to enter into the contract. The commissioner by rule shall
90		-	establish the procedures for a district to notify the commissioner
91		-	under this subsection, including the period within which the
92		-	notification is required before the school year in which the
93		-	proposed contract would take effect, and for a district and, if
94		-	necessary, an entity to submit information as required by the
95		-	commissioner. The commissioner shall notify the district whether
96		-	the proposed contract is approved not later than the 60th day after
97		-	the date the commissioner receives notice of the proposed contract
98		-	and all information required by the commissioner to be submitted.
99		-	If the commissioner fails to notify the district that the proposed
100		-	contract has been approved or denied within the period prescribed
101		-	by this subsection, the proposed contract is considered approved.
102		-	(l) Except as expressly provided by this section, the
103		-	commissioner may not impose additional requirements on an
104		-	open-enrollment charter school to be eligible for a contract under
105		-	Subsection (a).
106		-	(m) The commissioner shall adopt rules as necessary to
107		-	administer this section, including requirements for an entity and
108		-	the contract with the entity, including the standards required for
109		-	an entity to receive approval under Subsection (a)(2).
110		-	(n) This section does not prohibit a contract between a
	78	+	(j) The commissioner may adopt rules as necessary to
	79	+	administer this section, including requiring a school district to
	80	+	notify the commissioner of any contract entered into under this
	81	+	section by the district and open-enrollment charter school.
	82	+	(k) This section does not prohibit a contract between a
111	83		school district and another entity for the provision of services
112	84		for the campus.
113	85		SECTION 2. Subchapter E, Chapter 42, Education Code, is
114	86		amended by adding Section 42.2511 to read as follows:
115	87		Sec. 42.2511. SCHOOL DISTRICT ENTITLEMENT FOR CERTAIN
116		-	STUDENTS. (a) This section applies only to:
117		-	(1) a school district and an open-enrollment charter
118		-	school that enter into a contract to operate a district campus as
119		-	provided by Section 11.174; and
120		-	(2) a charter granted by a school district for a
121		-	program operated by an entity that has entered into a contract under
122		-	Section 11.174, provided that the district does not appoint a
123		-	majority of the governing body of the charter holder.
	88	+	STUDENTS. (a) This section applies only to a school district that
	89	+	has entered into a contract with an open-enrollment charter school
	90	+	to operate a district campus as provided by Section 11.174.
124	91		(b) Notwithstanding any other provision of this chapter or
125	92		Chapter 41, a school district subject to this section is entitled to
126	93		receive for each student in average daily attendance at the campus
127	94		described by Subsection (a) an amount equivalent to the difference,
128	95		if the difference results in increased funding, between:
129	96		(1) the amount described by Section 12.106; and
130	97		(2) the amount to which the district would be entitled
131	98		under this chapter.
132	99		(c) The commissioner shall adopt rules as necessary to
133	100		administer this section.
134	101		SECTION 3. The commissioner of education is required to
135	102		implement this Act only if the legislature appropriates money
136	103		specifically for that purpose. If the legislature does not
137	104		appropriate money specifically for that purpose, the commissioner
138	105		of education may, but is not required to, implement this Act using
139	106		other appropriations available for the purpose.
140	107		SECTION 4. This Act applies beginning with the 2017-2018
141	108		school year.
142	109		SECTION 5. This Act takes effect immediately if it receives
143	110		a vote of two-thirds of all the members elected to each house, as
144	111		provided by Section 39, Article III, Texas Constitution. If this
145	112		Act does not receive the vote necessary for immediate effect, this
146	113		Act takes effect September 1, 2017.
147		-	______________________________ ______________________________
148		-	President of the Senate Speaker of the House
149		-	I hereby certify that S.B. No. 1882 passed the Senate on
150		-	May 4, 2017, by the following vote: Yeas 31, Nays 0; and that the
151		-	Senate concurred in House amendments on May 26, 2017, by the
152		-	following vote: Yeas 31, Nays 0.
153		-	______________________________
154		-	Secretary of the Senate
155		-	I hereby certify that S.B. No. 1882 passed the House, with
156		-	amendments, on May 23, 2017, by the following vote: Yeas 139,
157		-	Nays 4, two present not voting.
158		-	______________________________
159		-	Chief Clerk of the House
160		-	Approved:
161		-	______________________________
162		-	Date
163		-	______________________________
164		-	Governor