Texas 2019 - 86th Regular

Texas House Bill HB2760 Compare Versions

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

Old	New	Differences
1	1	86R9007 TSS-F
2	2	By: Allison H.B. No. 2760
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements for an application for or a request for
8	8	the revision of a charter for an open-enrollment charter school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.1012, Education Code, is amended by
11	11	adding Subdivision (1-a) to read as follows:
12	12	(1-a) "Expansion amendment" means an amendment to the
13	13	charter of an open-enrollment charter school that permits the
14	14	school to increase its maximum allowable enrollment, extend the
15	15	grade levels it serves, change its geographic boundaries, or add a
16	16	campus or site.
17	17	SECTION 2. Section 12.110(d), Education Code, is amended to
18	18	read as follows:
19	19	(d) The commissioner shall approve or deny an application
20	20	based on:
21	21	(1) documented evidence collected through the
22	22	application review process;
23	23	(2) merit; [and]
24	24	(3) the impact report prepared by the commissioner
25	25	under Section 12.1102; and
26	26	(4) other criteria as adopted by the commissioner,
27	27	which must include:
28	28	(A) criteria relating to the capability of the
29	29	applicant to carry out the responsibilities provided by the charter
30	30	and the likelihood that the applicant will operate a school of high
31	31	quality; and
32	32	(B) criteria relating to improving student
33	33	performance and encouraging innovative programs[; and
34	34	[(C) a statement from any school district whose
35	35	enrollment is likely to be affected by the open-enrollment charter
36	36	school, including information relating to any financial difficulty
37	37	that a loss in enrollment may have on the district].
38	38	SECTION 3. Section 12.1101, Education Code, is amended to
39	39	read as follows:
40	40	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
41	41	REQUEST FOR EXPANSION [ESTABLISHMENT OF CAMPUS]. The commissioner
42	42	by rule shall adopt a procedure for providing notice to the
43	43	following persons on receipt by the commissioner of an application
44	44	for a charter for an open-enrollment charter school under Section
45	45	12.110 or a request for approval of an expansion amendment to a
46	46	charter under Section 12.114 [of notice of the establishment of a
47	47	campus as authorized under Section 12.101(b-4)]:
48	48	(1) the board of trustees of each school district from
49	49	which the proposed open-enrollment charter school or campus is
50	50	likely to draw students, as determined by the commissioner; and
51	51	(2) each member of the legislature that represents the
52	52	geographic area to be served by the proposed school or campus, as
53	53	determined by the commissioner.
54	54	SECTION 4. Subchapter D, Chapter 12, Education Code, is
55	55	amended by adding Section 12.1102 to read as follows:
56	56	Sec. 12.1102. IMPACT REPORT OF NEW OPEN-ENROLLMENT CHARTER
57	57	SCHOOL OR CAMPUS. (a) Before the commissioner may approve an
58	58	application for a charter for an open-enrollment charter school
59	59	under Section 12.110 or a request for an expansion amendment to a
60	60	charter under Section 12.114, the applicant or charter holder must
61	61	provide notice as required by Section 12.1101.
62	62	(b) A school district whose enrollment may be affected by a
63	63	new open-enrollment charter school or expansion of an existing
64	64	charter may submit a written statement to the commissioner stating
65	65	the impact the new school or expansion of the charter will have on
66	66	the school district. The commissioner must allow a school district
67	67	to submit a statement as provided by this section not less than 60
68	68	days after the date the school received notice of the new school or
69	69	charter expansion.
70	70	(c) The commissioner must issue an impact report on the
71	71	application for the new charter or the expansion of an existing
72	72	charter that includes:
73	73	(1) if applicable, an evaluation of the proximity of
74	74	the proposed location of the new open-enrollment charter school or
75	75	campus to existing school district campuses and the ability of
76	76	local communities to support a new open-enrollment charter school
77	77	or campus;
78	78	(2) an analysis of the educational effects on school
79	79	district campuses, including the availability and duplication of
80	80	programs, services, and resources;
81	81	(3) information regarding any financial burden that a
82	82	loss in student enrollment may cause a school district or district
83	83	campus;
84	84	(4) a summary of and response to any concern raised by
85	85	a school district or the public;
86	86	(5) a fiscal statement estimating costs for a
87	87	five-year period beginning the first day a new open-enrollment
88	88	charter school or campus begins classes, including costs relating
89	89	to:
90	90	(A) state revenue; and
91	91	(B) local school district revenue, including the
92	92	impact on Foundation School Program funding, equalized wealth
93	93	levels, and bonded indebtedness; and
94	94	(6) any written statement by a school district
95	95	received under Subsection (b).
96	96	(d) Not later than the 15th business day before the date the
97	97	commissioner holds a public hearing under Section 12.110 or
98	98	approves an application for a charter for an open-enrollment
99	99	charter school under Section 12.110 or a request for an expansion
100	100	amendment to a charter under Section 12.114, the commissioner
101	101	shall:
102	102	(1) make the impact report under Subsection (c)
103	103	available to the public on the agency's Internet website; and
104	104	(2) provide a copy of the impact report to:
105	105	(A) the applicant or charter holder; and
106	106	(B) the parties required to receive notice under
107	107	Section 12.1101.
108	108	(e) Not later than December 1 of each year, the Legislative
109	109	Budget Board shall submit a report to the governor and the
110	110	legislature documenting the financial impact of open-enrollment
111	111	charter schools on the state budget and on local school districts,
112	112	including the effect on school districts required to take action
113	113	under Chapter 41 to reduce equalized wealth levels.
114	114	SECTION 5. Section 12.114, Education Code, is amended by
115	115	amending Subsections (a) and (c) and adding Subsection (a-1) to
116	116	read as follows:
117	117	(a) A revision of a charter of an open-enrollment charter
118	118	school may be made only with the approval of the commissioner, in
119	119	coordination with a member of the State Board of Education
120	120	designated for the purpose by the chair of the board.
121	121	(a-1) The commissioner shall notify the State Board of
122	122	Education of each request for revision the commissioner proposes to
123	123	grant under this subchapter. Unless, before the 90th day after the
124	124	date on which the board receives the notice from the commissioner, a
125	125	majority of the members of the board present and voting vote against
126	126	the revision of the charter, the commissioner's proposal to grant
127	127	the revision to the charter takes effect. The board may not
128	128	deliberate or vote on any revision to a charter that is not proposed
129	129	by the commissioner.
130	130	(c) Not later than 14 months [the 60th day] after the date
131	131	that a charter holder submits to the commissioner a completed
132	132	request for approval for an expansion amendment, [as defined by
133	133	commissioner rule, including a new school amendment,] the
134	134	commissioner shall provide to the charter holder written notice of
135	135	approval or disapproval of the amendment.
136	136	SECTION 6. Section 12.101(b-4), Education Code, is
137	137	repealed.
138	138	SECTION 7. The changes in law made by this Act apply only to
139	139	an application for a charter for an open-enrollment charter school
140	140	or a request for approval of a revision to the charter of an
141	141	open-enrollment charter school submitted on or after the effective
142	142	date of this Act.
143	143	SECTION 8. This Act takes effect September 1, 2019.