Texas 2017 - 85th 1st C.S.

Texas House Bill HB125 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85S10063 KJE-D
2	2	By: Villalba H.B. No. 125
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to open-enrollment charter schools.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.106, Education Code, is amended by
10	10	adding Subsections (a-3), (a-4), (a-5), (a-6), and (e) to read as
11	11	follows:
12	12	(a-3) In addition to the funding provided by Subsections (a)
13	13	and (a-2), a charter holder who meets the eligibility requirements
14	14	under Subsection (a-4) may elect to receive for the open-enrollment
15	15	charter school supplemental funding for each student in average
16	16	daily attendance in an amount equal to the difference between:
17	17	(1) the statewide average amount of state and local
18	18	revenue, including maintenance and operations revenue and revenue
19	19	for debt service, of a school district per student in average daily
20	20	attendance; and
21	21	(2) the amount of funding per student in average daily
22	22	attendance to which the charter holder is entitled under
23	23	Subsections (a) and (a-2).
24	24	(a-4) A charter holder is eligible to receive supplemental
25	25	funding under Subsection (a-3) if:
26	26	(1) for a charter holder for whom at least 50 percent
27	27	of enrolled students for the current year are economically
28	28	disadvantaged, as determined by the agency, the percentage of the
29	29	charter holder's economically disadvantaged students who achieved
30	30	the college readiness performance standard on two or more
31	31	assessment instruments administered under Section 39.023(a) or (c)
32	32	exceeded the percentage of all economically disadvantaged students
33	33	in the state who achieved that standard on two or more of those
34	34	assessment instruments for at least two of the last three preceding
35	35	school years;
36	36	(2) for a charter holder for whom less than 50 percent
37	37	of enrolled students for the current year are economically
38	38	disadvantaged, as determined by the agency, the percentage of the
39	39	charter holder's students who are not economically disadvantaged
40	40	and who achieved the college readiness performance standard on two
41	41	or more assessment instruments administered under Section
42	42	39.023(a) or (c) exceeded the percentage of all students in the
43	43	state who are not economically disadvantaged and who achieved that
44	44	standard on two or more of those assessment instruments for at least
45	45	two of the last three preceding school years; or
46	46	(3) the charter holder has qualified for and received
47	47	supplemental funding under Subdivision (1) or (2) for three
48	48	consecutive school years.
49	49	(a-5) A charter holder who establishes eligibility under
50	50	Subsection (a-4)(3) remains eligible for supplemental funding in
51	51	subsequent school years and is not required for those years to
52	52	satisfy the criteria described by Subsection (a-4)(1) or (2),
53	53	provided that the charter holder continues to comply with the
54	54	requirements imposed by Section 12.1071(c).
55	55	(a-6) In determining eligibility for supplemental funding
56	56	under Subsection (a-4) for the current year, a charter holder may
57	57	elect to exclude the results on assessment instruments administered
58	58	to students enrolled at a campus established two years or less
59	59	before the date on which eligibility is determined if the charter
60	60	holder notifies the agency of the charter holder's election not
61	61	later than the date specified by the commissioner.
62	62	(e) Notwithstanding any other provision of this section,
63	63	the total amount of funding per student in average daily attendance
64	64	to which a charter holder who elects to receive supplemental
65	65	funding under Subsection (a-3) may be entitled for an
66	66	open-enrollment charter school under this section may not exceed
67	67	the average amount of state and local revenue, including
68	68	maintenance and operations revenue and revenue for debt service,
69	69	per student in average daily attendance of the school districts
70	70	located within the regional boundaries of the regional education
71	71	service center within whose boundaries a majority of the charter
72	72	holder's students attend school. If a charter holder's funding
73	73	would exceed that amount, the amount of funding to which the charter
74	74	holder would otherwise be entitled under this section shall be
75	75	reduced to comply with the maximum amount of funding described by
76	76	this subsection.
77	77	SECTION 2. Section 12.1071, Education Code, is amended by
78	78	adding Subsection (c) to read as follows:
79	79	(c) A charter holder who accepts supplemental funding under
80	80	Section 12.106(a-3) for a school year:
81	81	(1) may not expel a student during that school year
82	82	unless the expulsion is required or permitted under Chapter 37; and
83	83	(2) shall provide a disciplinary alternative
84	84	education program or juvenile justice alternative education
85	85	program, as applicable, during that school year to a student for
86	86	whom a school district would be required to provide the program
87	87	under Chapter 37, in the manner provided by that chapter.
88	88	SECTION 3. Section 12.1101, Education Code, is amended to
89	89	read as follows:
90	90	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
91	91	ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
92	92	a procedure for providing notice to the following persons on
93	93	receipt by the commissioner of an application for a charter for an
94	94	open-enrollment charter school under Section 12.110 or of notice of
95	95	the establishment of a campus as authorized under Section
96	96	12.101(b-4):
97	97	(1) the superintendent and board of trustees of each
98	98	school district within a three-mile radius of the address or
99	99	intersection at [from] which the proposed open-enrollment charter
100	100	school or campus is likely to be located [draw students, as
101	101	determined by the commissioner]; and
102	102	(2) each member of the legislature who [that]
103	103	represents a [the] geographic area within a three-mile radius of
104	104	the address or intersection at which [to be served by] the proposed
105	105	school or campus is likely to be located [, as determined by the
106	106	commissioner].
107	107	(b) Not later than the 30th day after the date on which an
108	108	applicant or charter holder acquires property intended to serve as
109	109	the location of a proposed open-enrollment charter school or campus
110	110	for which notice was provided under Subsection (a), the applicant
111	111	or charter holder shall provide notice of the address of the
112	112	acquired property to:
113	113	(1) the superintendent and board of trustees of each
114	114	school district within a three-mile radius of the property; and
115	115	(2) each member of the legislature who represents a
116	116	geographic area within a three-mile radius of the property.
117	117	SECTION 4. Subchapter D, Chapter 12, Education Code, is
118	118	amended by adding Sections 12.138 and 12.139 to read as follows:
119	119	Sec. 12.138. CONTRACTS TO OPERATE ALTERNATIVE EDUCATION
120	120	PROGRAMS. (a) A charter holder who receives supplemental funding
121	121	under Section 12.106(a-3) shall enter into a memorandum of
122	122	understanding with the juvenile board of the county in which the
123	123	majority of the charter holder's students attend school for the
124	124	board to operate on behalf of the charter holder a juvenile justice
125	125	alternative education program required under Section 12.1071(c) if
126	126	the board has developed such a program. The board is entitled to
127	127	receive all funding to which the charter holder would otherwise
128	128	have been entitled for each student enrolled by the charter holder
129	129	in the program.
130	130	(b) A charter holder who receives supplemental funding
131	131	under Section 12.106(a-3) may enter into a memorandum of
132	132	understanding with the board of trustees of a school district
133	133	located within the regional boundaries of the regional education
134	134	service center within whose boundaries the majority of the charter
135	135	holder's students attend school for the district to operate on
136	136	behalf of the charter holder a disciplinary alternative education
137	137	program required under Section 12.1071(c). The district is entitled
138	138	to receive all funding to which the charter holder would otherwise
139	139	have been entitled for each student enrolled by the charter holder
140	140	in the program.
141	141	(c) The juvenile board of a county or board of trustees of a
142	142	school district shall enter into a memorandum of understanding as
143	143	provided by Subsection (a) or (b) on request by a charter holder to
144	144	whom that subsection applies.
145	145	(d) Each student enrolled by a charter holder in an
146	146	alternative education program under Subsection (a) or (b) is
147	147	considered a student of the charter holder for purposes of:
148	148	(1) determining the amount of funding to which the
149	149	charter holder would otherwise have been entitled for that student
150	150	under Section 12.106, including eligibility for supplemental
151	151	funding under Section 12.106(a-3); and
152	152	(2) accountability under Chapters 39 and 39A.
153	153	Sec. 12.139. CONTRACT TO OPERATE SCHOOL DISTRICT CAMPUS.
154	154	(a) A charter holder who receives supplemental funding under
155	155	Section 12.106(a-3) may contract with the board of trustees of a
156	156	school district for the charter holder to operate one or more of the
157	157	district's campuses. The district may receive all or part of the
158	158	charter holder's supplemental funding, in an amount determined by
159	159	the charter holder, to which the charter holder is entitled for each
160	160	student enrolled at that campus.
161	161	(b) Each student enrolled at a campus operated by a charter
162	162	holder under Subsection (a) is considered a student of:
163	163	(1) the charter holder for purposes of determining the
164	164	amount of funding to which the charter holder is entitled for that
165	165	student under Section 12.106, including eligibility for
166	166	supplemental funding under Section 12.106(a-3); and
167	167	(2) the school district for purposes of accountability
168	168	under Chapters 39 and 39A.
169	169	(c) Notwithstanding any other provision of this code, for
170	170	not less than three years after the date on which a charter holder
171	171	begins operating a school district's campus under Subsection (a),
172	172	the commissioner may not take action against the campus under
173	173	Chapter 39A for the reason that the campus received the lowest
174	174	performance rating under Section 39.054.
175	175	SECTION 5. Subchapter A, Chapter 11, Education Code, is
176	176	amended by adding Section 11.004 to read as follows:
177	177	Sec. 11.004. CONTRACT WITH HIGH-PERFORMING OPEN-ENROLLMENT
178	178	CHARTER SCHOOL TO OPERATE CAMPUS. The board of trustees of a school
179	179	district may contract with an open-enrollment charter school to
180	180	which Section 12.139 applies for the charter school to operate one
181	181	or more of the district's campuses as provided by that section.
182	182	SECTION 6. This Act applies beginning with the 2017-2018
183	183	school year.
184	184	SECTION 7. This Act takes effect September 1, 2017, if it
185	185	receives a vote of two-thirds of all the members elected to each
186	186	house, as provided by Section 39, Article III, Texas Constitution.
187	187	If this Act does not receive that vote, this Act takes effect on the
188	188	91st day after the last day of the legislative session.