Texas 2019 - 86th Regular

Texas House Bill HB2621 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R28066 SOS-F
2		-	By: Bailes, Allen, Ashby, Hinojosa, H.B. No. 2621
3		-	VanDeaver
4		-	Substitute the following for H.B. No. 2621:
5		-	By: Bell of Kaufman C.S.H.B. No. 2621
	1	+	86R9022 SOS-F
	2	+	By: Bailes H.B. No. 2621
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to open-enrollment charter school admission procedures
11	8		and reporting requirements for certain admission information.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 12.117(a), Education Code, is amended to
14	11		read as follows:
15	12		(a) For admission to an open-enrollment charter school, the
16	13		governing body of the school shall:
17	14		(1) require the applicant to complete and submit the
18	15		common admission [an] application form described by Section 12.1173
19	16		not later than a reasonable deadline the school establishes; and
20	17		(2) on receipt of more acceptable applications for
21	18		admission under this section than available positions in the
22	19		school:
23	20		(A) fill the available positions by lottery; or
24	21		(B) subject to Subsection (b), fill the available
25	22		positions in the order in which applications received before the
26	23		application deadline were received.
27	24		SECTION 2. Section 12.1171, Education Code, is amended to
28	25		read as follows:
29	26		Sec. 12.1171. ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS
30	27		SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117,
31	28		the governing body of an open-enrollment charter school that
32	29		specializes in one or more performing arts may require an applicant
33	30		to audition for admission to the school in addition to completing
34	31		and submitting the common admission application form under Section
35	32		12.1173.
36	33		SECTION 3. Subchapter D, Chapter 12, Education Code, is
37		-	amended by adding ~~Sections~~ 12.1173 ~~and 12.1174~~ to read as follows:
	34	+	amended by adding Section 12.1173 to read as follows:
38	35		Sec. 12.1173. COMMON ADMISSION APPLICATION FORM; WAITING
39	36		LIST FOR ADMISSION. (a) The commissioner by rule shall adopt a
40	37		common admission application form for use by an applicant for
41	38		admission to an open-enrollment charter school that provides for
42	39		the submission of information that the commissioner considers
43	40		appropriate.
44		-	(b) The form adopted under this section may not:
45		-	(1) advertise or otherwise promote any person or
46		-	open-enrollment charter school; or
47		-	(2) solicit money, goods, or services from an
48		-	applicant.
49		-	(c) The commissioner shall publicize the availability of
50		-	the form adopted under this section, including by posting the form
51		-	on the agency's Internet website.
52		-	(d) The commissioner by rule shall adopt guidelines for an
	41	+	(b) The commissioner shall publicize the availability of
	42	+	the form adopted under this section.
	43	+	(c) The commissioner by rule shall adopt guidelines for an
53	44		open-enrollment charter school that receives more acceptable
54	45		applications for admission than available positions at the school
55	46		to create and manage a waiting list each school year for applicants
56	47		who are not admitted.
57		-	(e) The commissioner shall adopt any other rules as
	48	+	(d) The commissioner shall adopt any other rules as
58	49		necessary to implement this section, including rules to ensure this
59	50		section complies with federal law regarding confidentiality of
60	51		student medical or educational information, including the Health
61	52		Insurance Portability and Accountability Act of 1996 (42 U.S.C.
62	53		Section 1320d et seq.) and the Family Educational Rights and
63	54		Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
64	55		relating to the privacy of student information.
	56	+	SECTION 4. Subchapter D, Chapter 12, Education Code, is
	57	+	amended by adding Section 12.1174 to read as follows:
65	58		Sec. 12.1174. ENROLLMENT AND WAITING LIST REPORT. (a) Not
66		-	later than ~~the last Friday in October~~ of each school year, in the
67		-	~~form prescribed by~~ commissioner rule, the governing body of a
68		-	~~charter holder shall~~ report to the agency for that school year:
	59	+	later than October 1 of each school year, in the form prescribed by
	60	+	commissioner rule, the governing body of a charter holder shall
	61	+	report to the agency for that school year:
69	62		(1) the following information for each campus
70	63		operating under the charter holder's charter:
71	64		(A) the number of students enrolled;
72	65		(B) the enrollment capacity; and
73	66		(C) if a charter holder uses a waiting list for
74	67		admission to a campus:
75	68		(i) the total number of students on the
76	69		waiting list; and
77	70		(ii) the number of students on the waiting
78		-	list disaggregated by grade level;
	71	+	list disaggregated by grade level; and
79	72		(2) the information described by Subdivision (1)
80	73		aggregated for all campuses operating under the charter holder's
81		-	charter; and
82		-	(3) any information required by the commissioner as
83		-	necessary to identify each student admitted to or on a waiting list
84		-	for admission to a campus operating under the charter holder's
85		-	charter who is or was previously enrolled in a public school in this
86		-	state.
87		-	(b) From information provided to the commissioner by each
88		-	charter holder under this subchapter, the commissioner shall
89		-	identify each group of charter holders considered by the
90		-	commissioner to be corporate affiliates or substantially related
91		-	charter holders. Using the information reported under Subsections
92		-	(a)(1) and (2), the agency shall aggregate the information for each
93		-	group of charter holders identified by the commissioner under this
	74	+	charter.
	75	+	(b) Not later than October 1 of each year, the commissioner,
	76	+	from information provided to the commissioner by each charter
	77	+	holder under this subchapter, shall identify each group of charter
	78	+	holders considered by the commissioner to be corporate affiliates
	79	+	or substantially related charter holders. Not later than November
	80	+	1 of each year, the agency, using the information reported under
	81	+	Subsection (a), shall aggregate the information for each group of
	82	+	charter holders identified by the commissioner under this
94	83		subsection.
95		-	(c) Not later than ~~March 15~~ of each year, the ~~commissioner~~
96		-	shall post on the agency's Internet website:
	84	+	(c) Not later than December 31 of each year, the
	85	+	commissioner shall post on the agency's Internet website:
97	86		(1) the information reported by charter holders under
98		-	~~Subsections~~ (a)~~(1) and (2)~~; and
	87	+	Subsection (a); and
99	88		(2) the information aggregated by the agency under
100	89		Subsection (b).
101		-	(d) The commissioner shall adopt rules as necessary to
102		-	implement this section, including rules to ensure this section
103		-	complies with federal law regarding confidentiality of student
104		-	educational information, including the Family Educational Rights
105		-	and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
106		-	relating to the privacy of student information.
107		-	SECTION 4. Not later than January 1, 2020, the commissioner
	90	+	SECTION 5. Not later than January 1, 2020, the commissioner
108	91		of education shall adopt a common admission application form,
109	92		waiting list guidelines, and any other rules as necessary to
110		-	implement Sections 12.1173 and 12.1174, Education Code, as added by
111		-	this Act.
112		-	SECTION 5. Sections 12.117 and 12.1171, Education Code, as
	93	+	implement Section 12.1173, Education Code, as added by this Act.
	94	+	SECTION 6. Sections 12.117 and 12.1171, Education Code, as
113	95		amended by this Act, and Section 12.1174, Education Code, as added
114	96		by this Act, apply beginning with the 2020-2021 school year.
115		-	SECTION 6. This Act takes effect immediately if it receives
	97	+	SECTION 7. This Act takes effect immediately if it receives
116	98		a vote of two-thirds of all the members elected to each house, as
117	99		provided by Section 39, Article III, Texas Constitution. If this
118	100		Act does not receive the vote necessary for immediate effect, this
119	101		Act takes effect September 1, 2019.