Texas 2019 - 86th Regular

Texas House Bill HB1853 Compare Versions

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

Old	New	Differences
1	1	86R9581 JES-F
2	2	By: Pacheco H.B. No. 1853
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the applicability of educator certification
8	8	requirements and certain educator rights to charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.056(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) A campus or program for which a charter is granted under
13	13	this subchapter is subject to:
14	14	(1) a provision of this title establishing a criminal
15	15	offense; and
16	16	(2) a prohibition, restriction, or requirement, as
17	17	applicable, imposed by this title or a rule adopted under this
18	18	title, relating to:
19	19	(A) the Public Education Information Management
20	20	System (PEIMS) to the extent necessary to monitor compliance with
21	21	this subchapter as determined by the commissioner;
22	22	(B) criminal history records under Subchapter C,
23	23	Chapter 22;
24	24	(C) high school graduation under Section 28.025;
25	25	(D) special education programs under Subchapter
26	26	A, Chapter 29;
27	27	(E) bilingual education under Subchapter B,
28	28	Chapter 29;
29	29	(F) prekindergarten programs under Subchapter E,
30	30	Chapter 29;
31	31	(G) extracurricular activities under Section
32	32	33.081;
33	33	(H) health and safety under Chapter 38; [and]
34	34	(I) public school accountability under
35	35	Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; and
36	36	(J) educator certification under Chapter 21 and
37	37	educator rights under Sections 21.407, 21.408, and 22.001.
38	38	SECTION 2. Section 12.104(b), Education Code, as amended by
39	39	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
40	40	of the 85th Legislature, Regular Session, 2017, is reenacted and
41	41	amended to read as follows:
42	42	(b) An open-enrollment charter school is subject to:
43	43	(1) a provision of this title establishing a criminal
44	44	offense; and
45	45	(2) a prohibition, restriction, or requirement, as
46	46	applicable, imposed by this title or a rule adopted under this
47	47	title, relating to:
48	48	(A) the Public Education Information Management
49	49	System (PEIMS) to the extent necessary to monitor compliance with
50	50	this subchapter as determined by the commissioner;
51	51	(B) criminal history records under Subchapter C,
52	52	Chapter 22;
53	53	(C) reading instruments and accelerated reading
54	54	instruction programs under Section 28.006;
55	55	(D) accelerated instruction under Section
56	56	28.0211;
57	57	(E) high school graduation requirements under
58	58	Section 28.025;
59	59	(F) special education programs under Subchapter
60	60	A, Chapter 29;
61	61	(G) bilingual education under Subchapter B,
62	62	Chapter 29;
63	63	(H) prekindergarten programs under Subchapter E
64	64	or E-1, Chapter 29;
65	65	(I) extracurricular activities under Section
66	66	33.081;
67	67	(J) discipline management practices or behavior
68	68	management techniques under Section 37.0021;
69	69	(K) health and safety under Chapter 38;
70	70	(L) public school accountability under
71	71	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
72	72	(M) the requirement under Section 21.006 to
73	73	report an educator's misconduct;
74	74	(N) intensive programs of instruction under
75	75	Section 28.0213;
76	76	(O) the right of a school employee to report a
77	77	crime, as provided by Section 37.148; [and]
78	78	(P) bullying prevention policies and procedures
79	79	under Section 37.0832;
80	80	(Q) the right of a school under Section 37.0052
81	81	to place a student who has engaged in certain bullying behavior in a
82	82	disciplinary alternative education program or to expel the student;
83	83	[and]
84	84	(R) the right under Section 37.0151 to report to
85	85	local law enforcement certain conduct constituting assault or
86	86	harassment;
87	87	(S) [(P)] a parent's right to information
88	88	regarding the provision of assistance for learning difficulties to
89	89	the parent's child as provided by Sections 26.004(b)(11) and
90	90	26.0081(c) and (d); and
91	91	(T) educator certification under Chapter 21 and
92	92	educator rights under Sections 21.407, 21.408, and 22.001.
93	93	SECTION 3. Section 12.111(a), Education Code, is amended to
94	94	read as follows:
95	95	(a) Each charter granted under this subchapter must:
96	96	(1) describe the educational program to be offered,
97	97	which must include the required curriculum as provided by Section
98	98	28.002;
99	99	(2) provide that continuation of the charter is
100	100	contingent on the status of the charter as determined under Section
101	101	12.1141 or 12.115 or under Chapter 39A;
102	102	(3) specify the academic, operational, and financial
103	103	performance expectations by which a school operating under the
104	104	charter will be evaluated, which must include applicable elements
105	105	of the performance frameworks adopted under Section 12.1181;
106	106	(4) specify:
107	107	(A) any basis, in addition to a basis specified
108	108	by this subchapter or Chapter 39A, on which the charter may be
109	109	revoked, renewal of the charter may be denied, or the charter may be
110	110	allowed to expire; and
111	111	(B) the standards for evaluation of a school
112	112	operating under the charter for purposes of charter renewal, denial
113	113	of renewal, expiration, revocation, or other intervention in
114	114	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
115	115	applicable;
116	116	(5) prohibit discrimination in admission policy on the
117	117	basis of sex, national origin, ethnicity, religion, disability,
118	118	academic, artistic, or athletic ability, or the district the child
119	119	would otherwise attend in accordance with this code, although the
120	120	charter may:
121	121	(A) provide for the exclusion of a student who
122	122	has a documented history of a criminal offense, a juvenile court
123	123	adjudication, or discipline problems under Subchapter A, Chapter
124	124	37; and
125	125	(B) provide for an admission policy that requires
126	126	a student to demonstrate artistic ability if the school specializes
127	127	in performing arts;
128	128	(6) specify the grade levels to be offered;
129	129	(7) describe the governing structure of the program,
130	130	including:
131	131	(A) the officer positions designated;
132	132	(B) the manner in which officers are selected and
133	133	removed from office;
134	134	(C) the manner in which members of the governing
135	135	body of the school are selected and removed from office;
136	136	(D) the manner in which vacancies on that
137	137	governing body are filled;
138	138	(E) the term for which members of that governing
139	139	body serve; and
140	140	(F) whether the terms are to be staggered;
141	141	(8) specify the powers or duties of the governing body
142	142	of the school that the governing body may delegate to an officer;
143	143	(9) specify the manner in which the school will
144	144	distribute to parents information related to the qualifications of
145	145	each professional employee of the program, including any
146	146	professional or educational degree held by each employee, a
147	147	statement of the appropriate [any] certification under Subchapter
148	148	B, Chapter 21, held by each employee, and any relevant experience of
149	149	each employee;
150	150	(10) describe the process by which the person
151	151	providing the program will adopt an annual budget;
152	152	(11) describe the manner in which an annual audit of
153	153	the financial and programmatic operations of the program is to be
154	154	conducted, including the manner in which the person providing the
155	155	program will provide information necessary for the school district
156	156	in which the program is located to participate, as required by this
157	157	code or by commissioner rule, in the Public Education Information
158	158	Management System (PEIMS);
159	159	(12) describe the facilities to be used;
160	160	(13) describe the geographical area served by the
161	161	program;
162	162	(14) specify any type of enrollment criteria to be
163	163	used;
164	164	(15) provide information, as determined by the
165	165	commissioner, relating to any management company that will provide
166	166	management services to a school operating under the charter; and
167	167	(16) specify that the governing body of an
168	168	open-enrollment charter school accepts and may not delegate
169	169	ultimate responsibility for the school, including the school's
170	170	academic performance and financial and operational viability, and
171	171	is responsible for overseeing any management company providing
172	172	management services for the school and for holding the management
173	173	company accountable for the school's performance.
174	174	SECTION 4. Section 12.120(a-1), Education Code, is amended
175	175	to read as follows:
176	176	(a-1) Notwithstanding Subsection (a), [subject to Section
177	177	12.1059,] an open-enrollment charter school may employ a person:
178	178	(1) as a teacher or educational aide if[:
179	179	[(A)] a school district could employ the person
180	180	as a teacher or educational aide; or
181	181	[(B) a school district could employ the person as
182	182	a teacher or educational aide if the person held the appropriate
183	183	certificate issued under Subchapter B, Chapter 21, and the person
184	184	has never held a certificate issued under Subchapter B, Chapter 21;
185	185	or]
186	186	(2) in a position other than a position described by
187	187	Subdivision (1) if a school district could employ the person in that
188	188	position.
189	189	SECTION 5. Section 12.129(a), Education Code, is amended to
190	190	read as follows:
191	191	(a) A [Except as provided by Subsection (b), a] person
192	192	employed as a principal or a teacher by an open-enrollment charter
193	193	school must hold the appropriate educator certification under
194	194	Subchapter B, Chapter 21 [a baccalaureate degree].
195	195	SECTION 6. Section 22.0837, Education Code, is amended to
196	196	read as follows:
197	197	Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD
198	198	INFORMATION. The agency by rule shall require a person submitting
199	199	to a national criminal history record information review under
200	200	Section [22.0832,] 22.0833[,] or 22.0836 to pay a fee for the review
201	201	in an amount not to exceed the amount of any fee imposed on an
202	202	applicant for certification under Subchapter B, Chapter 21, for a
203	203	national criminal history record information review under Section
204	204	22.0831. The agency or the department may require an entity
205	205	authorized to collect information for a national criminal history
206	206	record information review to collect the fee required under this
207	207	section and to remit the funds collected to the agency.
208	208	SECTION 7. Sections 12.1059, 12.129(b), and 22.0832,
209	209	Education Code, are repealed.
210	210	SECTION 8. (a) Notwithstanding Sections 12.056(b),
211	211	12.104(b), and 12.129(a), Education Code, as amended by this Act, a
212	212	person employed by a charter school on the effective date of this
213	213	Act is not required to comply with the changes in law made by this
214	214	Act until the beginning of the 2021-2022 school year.
215	215	(b) Except as provided by Subsection (a) of this section,
216	216	this Act applies beginning with the 2019-2020 school year.
217	217	SECTION 9. To the extent of any conflict, this Act prevails
218	218	over another Act of the 86th Legislature, Regular Session, 2019,
219	219	relating to nonsubstantive additions to and corrections in enacted
220	220	codes.
221	221	SECTION 10. This Act takes effect immediately if it
222	222	receives a vote of two-thirds of all the members elected to each
223	223	house, as provided by Section 39, Article III, Texas Constitution.
224	224	If this Act does not receive the vote necessary for immediate
225	225	effect, this Act takes effect September 1, 2019.