By: Campbell S.B. No. 1883
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. 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 State Board of Education 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 State Board of Education a score
determined by the external application review panel.
(d) The determination of the State Board of Education in an
appeal under the procedures adopted under this section is final.
(e) If the charter applicant prevails in an appeal to the
State Board of Education, the commissioner shall consider the
applicant's application.
SECTION 2. 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 3. 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 4. 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 5. Section 12.101(b-0), Education Code, is
repealed.
SECTION 6. As soon as practicable after the effective date
of this Act, the State Board 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 7. 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 8. 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 9. 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.