85S12690 KJE-D By: Hinojosa H.B. No. 394 A BILL TO BE ENTITLED AN ACT relating to notification of an application for a charter for an open-enrollment charter school or of the establishment of an open-enrollment charter school campus and to an annual report by open-enrollment charter schools on transfer students and waiting lists for admission. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.1101, Education Code, is amended to read as follows: Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 or of notice of the establishment of a campus as authorized under Section 12.101(b-4): (1) the board of trustees of each school district from which the proposed open-enrollment charter school or campus is likely to draw students, as determined by the commissioner; and (2) each member of the legislature that represents the geographic area to be served by the proposed school or campus, as determined by the commissioner. (b) The notice provided under Subsection (a) must identify the public elementary school or schools in closest proximity to the address or intersection at which the proposed open-enrollment charter school or campus is likely to be located. (c) Not later than the 30th day after the date on which an applicant or charter holder acquires property intended to serve as the location of a proposed open-enrollment charter school or campus for which notice was provided under Subsection (a), the applicant or charter holder shall provide notice of the address of the acquired property to the board of trustees of each school district provided notice under that subsection. (d) An open-enrollment charter school or campus may not open unless notice has been provided for that school or campus in accordance with this section. SECTION 2. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1191 to read as follows: Sec. 12.1191. REPORT ON TRANSFERS AND WAITING LIST. Each open-enrollment charter school shall annually report to the commissioner in accordance with commissioner rule: (1) the number of students who transferred from the school during the year for which the report is made and the school to which each student transferred; and (2) the school's current waiting list for admission, if any, with each student on the list represented by a unique identification number that does not reveal the student's identity. SECTION 3. 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 on the 91st day after the last day of the legislative session.