Texas 2017 - 85th Regular

Texas Senate Bill SB1883 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Campbell S.B. No. 1883
	2	+	(In the Senate - Filed March 10, 2017; March 23, 2017, read
	3	+	first time and referred to Committee on Education; May 1, 2017,
	4	+	reported adversely, with favorable Committee Substitute by the
	5	+	following vote: Yeas 10, Nays 1; May 1, 2017, sent to printer.)
	6	+	Click here to see the committee vote
	7	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1883 By: Campbell
2	8
3	9
4	10		A BILL TO BE ENTITLED
5	11		AN ACT
6	12		relating to the approval of open-enrollment charter schools and the
7	13		review of challenges by open-enrollment charter schools or school
8	14		districts to accountability determinations.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10		-	SECTION 1. Subchapter D, Chapter 12, Education Code, is
	16	+	SECTION 1. Section 12.101(b), Education Code, is amended to
	17	+	read as follows:
	18	+	(b) After thoroughly investigating and evaluating an
	19	+	applicant, the commissioner[, in coordination with a member of the
	20	+	State Board of Education designated for the purpose by the chair of
	21	+	the board,] may grant a charter for an open-enrollment charter
	22	+	school only to an applicant that meets any financial, governing,
	23	+	educational, and operational standards adopted by the commissioner
	24	+	under this subchapter, that the commissioner determines is capable
	25	+	of carrying out the responsibilities provided by the charter and
	26	+	likely to operate a school of high quality, and that:
	27	+	(1) has not within the preceding 10 years had a charter
	28	+	under this chapter or a similar charter issued under the laws of
	29	+	another state surrendered under a settlement agreement, revoked,
	30	+	denied renewal, or returned; or
	31	+	(2) is not, under rules adopted by the commissioner,
	32	+	considered to be a corporate affiliate of or substantially related
	33	+	to an entity that has within the preceding 10 years had a charter
	34	+	under this chapter or a similar charter issued under the laws of
	35	+	another state surrendered under a settlement agreement, revoked,
	36	+	denied renewal, or returned.
	37	+	SECTION 2. Subchapter D, Chapter 12, Education Code, is
11	38		amended by adding Section 12.1102 to read as follows:
12	39		Sec. 12.1102. APPEAL OF APPLICATION SELECTION
13	40		DETERMINATION. (a) This section applies only if the charter
14	41		application selection process includes:
15	42		(1) scoring criteria and procedures for use of the
16	43		criteria by an external application review panel selected by the
17	44		commissioner; and
18	45		(2) selection criteria that include the minimum score
19	46		necessary for an applicant to be eligible for selection.
20		-	(b) The ~~State Board of Education~~ shall adopt procedures for
21		-	~~the appeal~~ of an application selection determination made based on
22		-	~~the~~ submission of an application under a process described by
	47	+	(b) The commissioner shall adopt procedures for the appeal
	48	+	of an application selection determination made based on the
	49	+	submission of an application under a process described by
23	50		Subsection (a).
24	51		(c) The procedures adopted under this section must provide
25	52		for an applicant who scores within 10 percentage points of the
26	53		minimum score necessary for an applicant to be eligible for
27		-	selection to appeal to the State Board of Education a score
28		-	determined by the external application review panel.
29		-	(d) The determination of the State Board of Education in an
30		-	appeal under the procedures adopted under this section is final.
31		-	(e) If the charter applicant prevails in an appeal to the
32		-	State Board of Education, the commissioner shall consider the
33		-	applicant's application.
34		-	SECTION 2. Section 12.1141, Education Code, is amended by
	54	+	selection to appeal to the commissioner a score determined by the
	55	+	external application review panel.
	56	+	(d) The commissioner's determination in an appeal under the
	57	+	procedures adopted under this section is final.
	58	+	SECTION 3. Section 12.1141, Education Code, is amended by
35	59		adding Subsection (d-1) to read as follows:
36	60		(d-1) The commissioner may not allow the charter of an
37	61		open-enrollment charter school to expire as provided by Subsection
38	62		(d) if for one of the school years the commissioner considers in
39	63		making a decision the school is not rated as provided by Section
40	64		39.151(c-1).
41		-	SECTION 3. Section 12.115, Education Code, is amended by
	65	+	SECTION 4. Section 12.115, Education Code, is amended by
42	66		adding Subsection (c-1) to read as follows:
43	67		(c-1) The commissioner may not revoke the charter of an
44	68		open-enrollment charter school as provided by Subsection (c) if for
45	69		one of the school years the commissioner considers in making a
46	70		decision the school is not rated as provided by Section
47	71		39.151(c-1).
48		-	SECTION 4. Section 39.151, Education Code, is amended by
	72	+	SECTION 5. Section 39.151, Education Code, is amended by
49	73		amending Subsection (b) and adding Subsection (c-1) to read as
50	74		follows:
51	75		(b) The rules under Subsection (a) must provide for the
52	76		commissioner to appoint a committee to make recommendations to the
53	77		commissioner on a challenge made to an agency decision relating to
54	78		an academic performance rating or determination or financial
55	79		accountability rating. The committee shall review any challenge
56	80		regardless of the basis identified in the challenge by the school
57	81		district or open-enrollment charter school for the rating or
58	82		determination. The commissioner may not appoint an agency employee
59	83		as a member of a [the] committee.
60	84		(c-1) Except as provided by this subsection, the
61	85		commissioner may not limit a challenge relating to a data or
62	86		calculation error or inaccuracy attributable to the school district
63	87		or open-enrollment charter school, even if the challenge
64	88		demonstrates that the data or calculation error or inaccuracy
65	89		caused the district or school to have a lower academic performance
66	90		rating or financial accountability rating. To consider a challenge
67	91		under this subsection, supporting documentation related to a data
68	92		or calculation error or inaccuracy must be submitted not later than
69	93		the first anniversary of the date of the deadline to submit a
70	94		challenge. If a challenge demonstrates that the data or
71	95		calculation error or inaccuracy caused the district or school to
72	96		have a lower academic performance rating or financial
73	97		accountability rating, the commissioner shall:
74	98		(1) assign the district or school the corrected
75	99		rating; or
76	100		(2) indicate for that school year that the district or
77	101		school is not rated.
78		-	SECTION 5. Section 12.101(b-0), Education Code, is
	102	+	SECTION 6. Section 12.101(b-0), Education Code, is
79	103		repealed.
80		-	SECTION 6. As soon as practicable after the effective date
81		-	of this Act, the ~~State Board~~ of Education shall adopt procedures ~~for~~
82		-	the appeal of an application selection determination as ~~provided by~~
83		-	Section 12.1102, Education Code, as added by this Act.
84		-	SECTION 7. Section 12.1102, Education Code, as added by
	104	+	SECTION 7. As soon as practicable after the effective date
	105	+	of this Act, the commissioner of education shall adopt procedures
	106	+	for the appeal of an application selection determination as
	107	+	provided by Section 12.1102, Education Code, as added by this Act.
	108	+	SECTION 8. Section 12.1102, Education Code, as added by
85	109		this Act, applies only to an application submitted on or after the
86	110		effective date of this Act.
87		-	SECTION 8. Section 39.151(c-1), Education Code, as added by
	111	+	SECTION 9. Section 39.151(c-1), Education Code, as added by
88	112		this Act, applies only to a data or calculation error or inaccuracy
89	113		challenge to an academic performance rating or financial
90	114		accountability rating assigned for the 2017-2018 school year or a
91	115		later school year.
92		-	SECTION 9. This Act takes effect immediately if it receives
93		-	a vote of two-thirds of all the members elected to each house, as
94		-	provided by Section 39, Article III, Texas Constitution. If this
95		-	Act does not receive the vote necessary for immediate effect, this
96		-	Act takes effect September 1, 2017.
	116	+	SECTION 10. This Act takes effect immediately if it
	117	+	receives a vote of two-thirds of all the members elected to each
	118	+	house, as provided by Section 39, Article III, Texas Constitution.
	119	+	If this Act does not receive the vote necessary for immediate
	120	+	effect, this Act takes effect September 1, 2017.
	121	+	* * * * *