By: Campbell S.B. No. 1883
(In the Senate - Filed March 10, 2017; March 23, 2017, read
first time and referred to Committee on Education; May 1, 2017,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 10, Nays 1; May 1, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1883 By: Campbell
A BILL TO BE ENTITLED
AN ACT
relating to the approval of open-enrollment charter schools and the
review of challenges by open-enrollment charter schools or school
districts to accountability determinations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101(b), Education Code, is amended to
read as follows:
(b) After thoroughly investigating and evaluating an
applicant, the commissioner[, in coordination with a member of the
State Board of Education designated for the purpose by the chair of
the board,] may grant a charter for an open-enrollment charter
school only to an applicant that meets any financial, governing,
educational, and operational standards adopted by the commissioner
under this subchapter, that the commissioner determines is capable
of carrying out the responsibilities provided by the charter and
likely to operate a school of high quality, and that:
(1) has not within the preceding 10 years had a charter
under this chapter or a similar charter issued under the laws of
another state surrendered under a settlement agreement, revoked,
denied renewal, or returned; or
(2) is not, under rules adopted by the commissioner,
considered to be a corporate affiliate of or substantially related
to an entity that has within the preceding 10 years had a charter
under this chapter or a similar charter issued under the laws of
another state surrendered under a settlement agreement, revoked,
denied renewal, or returned.
SECTION 2. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1102 to read as follows:
Sec. 12.1102. APPEAL OF APPLICATION SELECTION
DETERMINATION. (a) This section applies only if the charter
application selection process includes:
(1) scoring criteria and procedures for use of the
criteria by an external application review panel selected by the
commissioner; and
(2) selection criteria that include the minimum score
necessary for an applicant to be eligible for selection.
(b) The commissioner shall adopt procedures for the appeal
of an application selection determination made based on the
submission of an application under a process described by
Subsection (a).
(c) The procedures adopted under this section must provide
for an applicant who scores within 10 percentage points of the
minimum score necessary for an applicant to be eligible for
selection to appeal to the commissioner a score determined by the
external application review panel.
(d) The commissioner's determination in an appeal under the
procedures adopted under this section is final.
SECTION 3. Section 12.1141, Education Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) The commissioner may not allow the charter of an
open-enrollment charter school to expire as provided by Subsection
(d) if for one of the school years the commissioner considers in
making a decision the school is not rated as provided by Section
39.151(c-1).
SECTION 4. Section 12.115, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) The commissioner may not revoke the charter of an
open-enrollment charter school as provided by Subsection (c) if for
one of the school years the commissioner considers in making a
decision the school is not rated as provided by Section
39.151(c-1).
SECTION 5. Section 39.151, Education Code, is amended by
amending Subsection (b) and adding Subsection (c-1) to read as
follows:
(b) The rules under Subsection (a) must provide for the
commissioner to appoint a committee to make recommendations to the
commissioner on a challenge made to an agency decision relating to
an academic performance rating or determination or financial
accountability rating. The committee shall review any challenge
regardless of the basis identified in the challenge by the school
district or open-enrollment charter school for the rating or
determination. The commissioner may not appoint an agency employee
as a member of a [the] committee.
(c-1) Except as provided by this subsection, the
commissioner may not limit a challenge relating to a data or
calculation error or inaccuracy attributable to the school district
or open-enrollment charter school, even if the challenge
demonstrates that the data or calculation error or inaccuracy
caused the district or school to have a lower academic performance
rating or financial accountability rating. To consider a challenge
under this subsection, supporting documentation related to a data
or calculation error or inaccuracy must be submitted not later than
the first anniversary of the date of the deadline to submit a
challenge. If a challenge demonstrates that the data or
calculation error or inaccuracy caused the district or school to
have a lower academic performance rating or financial
accountability rating, the commissioner shall:
(1) assign the district or school the corrected
rating; or
(2) indicate for that school year that the district or
school is not rated.
SECTION 6. Section 12.101(b-0), Education Code, is
repealed.
SECTION 7. As soon as practicable after the effective date
of this Act, the commissioner of education shall adopt procedures
for the appeal of an application selection determination as
provided by Section 12.1102, Education Code, as added by this Act.
SECTION 8. Section 12.1102, Education Code, as added by
this Act, applies only to an application submitted on or after the
effective date of this Act.
SECTION 9. Section 39.151(c-1), Education Code, as added by
this Act, applies only to a data or calculation error or inaccuracy
challenge to an academic performance rating or financial
accountability rating assigned for the 2017-2018 school year or a
later school year.
SECTION 10. 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.
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