Texas 2017 - 85th 1st C.S.

Texas House Bill HB263 Compare Versions

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

Old	New	Differences
1	1	By: Collier H.B. No. 263
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the composition of the student body of an
7	7	open-enrollment charter school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.111(a), Education Code, as effective
10	10	September 1, 2017, is amended to read as follows:
11	11	(a) Each charter granted under this subchapter must:
12	12	(1) describe the educational program to be offered,
13	13	which must include the required curriculum as provided by Section
14	14	28.002;
15	15	(2) provide that continuation of the charter is
16	16	contingent on the status of the charter as determined under Section
17	17	12.1141 or 12.115 or under Chapter 39A;
18	18	(3) specify the academic, operational, and financial
19	19	performance expectations by which a school operating under the
20	20	charter will be evaluated, which must include applicable elements
21	21	of the performance frameworks adopted under Section 12.1181;
22	22	(4) specify:
23	23	(A) any basis, in addition to a basis specified
24	24	by this subchapter or Chapter 39A, on which the charter may be
25	25	revoked, renewal of the charter may be denied, or the charter may be
26	26	allowed to expire; and
27	27	(B) the standards for evaluation of a school
28	28	operating under the charter for purposes of charter renewal, denial
29	29	of renewal, expiration, revocation, or other intervention in
30	30	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
31	31	applicable;
32	32	(5) prohibit discrimination in admission policy on the
33	33	basis of sex, national origin, ethnicity, religion, disability,
34	34	academic, artistic, or athletic ability, or, subject to Section
35	35	12.1173, the district the child would otherwise attend in
36	36	accordance with this code, although the charter may:
37	37	(A) provide for the exclusion of a student who
38	38	has a documented history of a criminal offense, a juvenile court
39	39	adjudication, or discipline problems under Subchapter A, Chapter
40	40	37; and
41	41	(B) provide for an admission policy that requires
42	42	a student to demonstrate artistic ability if the school specializes
43	43	in performing arts;
44	44	(6) specify the grade levels to be offered;
45	45	(7) describe the governing structure of the program,
46	46	including:
47	47	(A) the officer positions designated;
48	48	(B) the manner in which officers are selected and
49	49	removed from office;
50	50	(C) the manner in which members of the governing
51	51	body of the school are selected and removed from office;
52	52	(D) the manner in which vacancies on that
53	53	governing body are filled;
54	54	(E) the term for which members of that governing
55	55	body serve; and
56	56	(F) whether the terms are to be staggered;
57	57	(8) specify the powers or duties of the governing body
58	58	of the school that the governing body may delegate to an officer;
59	59	(9) specify the manner in which the school will
60	60	distribute to parents information related to the qualifications of
61	61	each professional employee of the program, including any
62	62	professional or educational degree held by each employee, a
63	63	statement of any certification under Subchapter B, Chapter 21, held
64	64	by each employee, and any relevant experience of each employee;
65	65	(10) describe the process by which the person
66	66	providing the program will adopt an annual budget;
67	67	(11) describe the manner in which an annual audit of
68	68	the financial and programmatic operations of the program is to be
69	69	conducted, including the manner in which the person providing the
70	70	program will provide information necessary for the school district
71	71	in which the program is located to participate, as required by this
72	72	code or by commissioner rule, in the Public Education Information
73	73	Management System (PEIMS);
74	74	(12) describe the facilities to be used;
75	75	(13) describe the geographical area served by the
76	76	program;
77	77	(14) specify any type of enrollment criteria to be
78	78	used;
79	79	(15) provide information, as determined by the
80	80	commissioner, relating to any management company that will provide
81	81	management services to a school operating under the charter; and
82	82	(16) specify that the governing body of an
83	83	open-enrollment charter school accepts and may not delegate
84	84	ultimate responsibility for the school, including the school's
85	85	academic performance and financial and operational viability, and
86	86	is responsible for overseeing any management company providing
87	87	management services for the school and for holding the management
88	88	company accountable for the school's performance.
89	89	SECTION 2. Subchapter D, Chapter 12, Education Code, is
90	90	amended by adding Section 12.1173 to read as follows:
91	91	Sec. 12.1173. ADMISSION PREFERENCE FOR CERTAIN STUDENTS.
92	92	(a) Except as provided by Subsection (d), the governing body of an
93	93	open-enrollment charter school shall adopt and implement admission
94	94	procedures designed to ensure that students who reside in the
95	95	attendance zone of the school district within the boundaries of
96	96	which the school is located represent a majority of the school's
97	97	total enrollment.
98	98	(b) To the extent necessary to achieve the result described
99	99	by Subsection (a):
100	100	(1) a governing body that uses a lottery to fill
101	101	available positions, as authorized by Section 12.117, may conduct
102	102	separate lotteries for students who reside in the attendance zone
103	103	of the school district within the boundaries of which the school is
104	104	located and for students who do not reside in that attendance zone;
105	105	and
106	106	(2) a governing body that fills available positions
107	107	based on the order in which applications were received, as
108	108	authorized by Section 12.117, may fill available positions based on
109	109	the order in which applications were received from students who
110	110	reside in the attendance zone of the school district within the
111	111	boundaries of which the school is located before filling available
112	112	positions with students who do not reside in that attendance zone.
113	113	(c) The commissioner shall decline to renew the charter of
114	114	an open-enrollment charter school if the commissioner determines
115	115	that the governing body of the open-enrollment charter school has
116	116	not complied with this section, unless the commissioner determines
117	117	that the governing body made a good faith effort to comply but was
118	118	unable to achieve the result described by Subsection (a).
119	119	(d) This section does not apply to the governing body of an
120	120	open-enrollment charter school that:
121	121	(1) is designated as a dropout recovery school under
122	122	Section 12.1141(c);
123	123	(2) specializes in one or more performing arts; or
124	124	(3) serves another special purpose and limits
125	125	enrollment to students with specific characteristics related to
126	126	that purpose.
127	127	SECTION 3. (a) Section 12.1173, Education Code, as added by
128	128	this Act, applies to each open-enrollment charter school authorized
129	129	under Subchapter D, Chapter 12, Education Code. A school in
130	130	operation before the 2018-2019 school year shall achieve the
131	131	required student body composition by not later than the start of the
132	132	2021-2022 school year. A school that begins operation during or
133	133	after the 2018-2019 school year shall achieve the required student
134	134	body composition beginning with the first school year of operation.
135	135	(b) Section 12.1173, Education Code, as added by this Act,
136	136	does not affect the ability of a student enrolled in an
137	137	open-enrollment charter school during the 2017-2018 school year to
138	138	continue attending that school as long as the student maintains
139	139	enrollment during consecutive school years.
140	140	(c) A sibling of a student described by Subsection (b) of
141	141	this section who seeks admission for any school year to the same
142	142	open-enrollment charter school as attended by the student described
143	143	by Subsection (b) during the 2017-2018 school year shall be
144	144	considered for purposes of admission as a student who resides in the
145	145	attendance zone of the school district within the boundaries of
146	146	which the school is located, regardless of the student's actual
147	147	residence.
148	148	SECTION 4. This Act applies beginning with the 2018-2019
149	149	school year.
150	150	SECTION 5. This Act takes effect immediately if it receives
151	151	a vote of two-thirds of all the members elected to each house, as
152	152	provided by Section 39, Article III, Texas Constitution. If this
153	153	Act does not receive the vote necessary for immediate effect, this
154	154	Act takes effect on the 91st day after the last day of the
155	155	legislative session.