86R28066 SOS-F
By: Bailes, Allen, Ashby, Hinojosa, H.B. No. 2621
VanDeaver
Substitute the following for H.B. No. 2621:
By: Bell of Kaufman C.S.H.B. No. 2621
A BILL TO BE ENTITLED
AN ACT
relating to open-enrollment charter school admission procedures
and reporting requirements for certain admission information.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.117(a), Education Code, is amended to
read as follows:
(a) For admission to an open-enrollment charter school, the
governing body of the school shall:
(1) require the applicant to complete and submit the
common admission [an] application form described by Section 12.1173
not later than a reasonable deadline the school establishes; and
(2) on receipt of more acceptable applications for
admission under this section than available positions in the
school:
(A) fill the available positions by lottery; or
(B) subject to Subsection (b), fill the available
positions in the order in which applications received before the
application deadline were received.
SECTION 2. Section 12.1171, Education Code, is amended to
read as follows:
Sec. 12.1171. ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS
SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117,
the governing body of an open-enrollment charter school that
specializes in one or more performing arts may require an applicant
to audition for admission to the school in addition to completing
and submitting the common admission application form under Section
12.1173.
SECTION 3. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.1173 and 12.1174 to read as follows:
Sec. 12.1173. COMMON ADMISSION APPLICATION FORM; WAITING
LIST FOR ADMISSION. (a) The commissioner by rule shall adopt a
common admission application form for use by an applicant for
admission to an open-enrollment charter school that provides for
the submission of information that the commissioner considers
appropriate.
(b) The form adopted under this section may not:
(1) advertise or otherwise promote any person or
open-enrollment charter school; or
(2) solicit money, goods, or services from an
applicant.
(c) The commissioner shall publicize the availability of
the form adopted under this section, including by posting the form
on the agency's Internet website.
(d) The commissioner by rule shall adopt guidelines for an
open-enrollment charter school that receives more acceptable
applications for admission than available positions at the school
to create and manage a waiting list each school year for applicants
who are not admitted.
(e) The commissioner shall adopt any other rules as
necessary to implement this section, including rules to ensure this
section complies with federal law regarding confidentiality of
student medical or educational information, including the Health
Insurance Portability and Accountability Act of 1996 (42 U.S.C.
Section 1320d et seq.) and the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
relating to the privacy of student information.
Sec. 12.1174. ENROLLMENT AND WAITING LIST REPORT. (a) Not
later than the last Friday in October of each school year, in the
form prescribed by commissioner rule, the governing body of a
charter holder shall report to the agency for that school year:
(1) the following information for each campus
operating under the charter holder's charter:
(A) the number of students enrolled;
(B) the enrollment capacity; and
(C) if a charter holder uses a waiting list for
admission to a campus:
(i) the total number of students on the
waiting list; and
(ii) the number of students on the waiting
list disaggregated by grade level;
(2) the information described by Subdivision (1)
aggregated for all campuses operating under the charter holder's
charter; and
(3) any information required by the commissioner as
necessary to identify each student admitted to or on a waiting list
for admission to a campus operating under the charter holder's
charter who is or was previously enrolled in a public school in this
state.
(b) From information provided to the commissioner by each
charter holder under this subchapter, the commissioner shall
identify each group of charter holders considered by the
commissioner to be corporate affiliates or substantially related
charter holders. Using the information reported under Subsections
(a)(1) and (2), the agency shall aggregate the information for each
group of charter holders identified by the commissioner under this
subsection.
(c) Not later than March 15 of each year, the commissioner
shall post on the agency's Internet website:
(1) the information reported by charter holders under
Subsections (a)(1) and (2); and
(2) the information aggregated by the agency under
Subsection (b).
(d) The commissioner shall adopt rules as necessary to
implement this section, including rules to ensure this section
complies with federal law regarding confidentiality of student
educational information, including the Family Educational Rights
and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
relating to the privacy of student information.
SECTION 4. Not later than January 1, 2020, the commissioner
of education shall adopt a common admission application form,
waiting list guidelines, and any other rules as necessary to
implement Sections 12.1173 and 12.1174, Education Code, as added by
this Act.
SECTION 5. Sections 12.117 and 12.1171, Education Code, as
amended by this Act, and Section 12.1174, Education Code, as added
by this Act, apply beginning with the 2020-2021 school year.
SECTION 6. 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 September 1, 2019.