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Texas House Bill HB3861

Texas 2019 - 86th Regular

Texas House Bill HB3861 Compare Versions

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1-86R26787 CAE-D
1+86R7844 CAE-D
22 By: Bohac H.B. No. 3861
3- Substitute the following for H.B. No. 3861:
4- By: Sanford C.S.H.B. No. 3861
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
9- relating to approval of school district and charter school
10- partnerships to operate school district campuses and programs and
11- to eligibility for state funding.
7+ relating to state funding and accountability provisions applicable
8+ to school district campuses and programs operated under school
9+ district and charter partnerships.
1210 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1311 SECTION 1. Section 11.157, Education Code, is amended to
1412 read as follows:
1513 Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. (a) The
1614 board of trustees of an independent school district may contract
1715 with a public or private entity for that entity to provide
1816 educational services for the district.
19- (b) A school district and open-enrollment charter school
20- may apply to the commissioner for approval to jointly operate a
21- campus or campus program. During each school year, the
22- commissioner may approve not more than three contracts for a school
23- district and open-enrollment charter school to jointly operate a
24- campus or campus program and to receive funding as provided by
25- Subsection (d). This subsection does not apply to the renewal of a
26- contract previously approved by the commissioner.
27- (c) A school district contract with an open-enrollment
28- charter school to jointly operate a campus or campus program during
29- the 2017-2018 school year is considered to be a contract approved by
30- the commissioner and is eligible to receive funding as provided by
31- Subsection (d).
32- (d) A school district that contracts with the governing body
33- of an open-enrollment charter school to jointly operate a campus or
34- campus program qualifies for funding under Section 42.2511 for each
35- student or the portion of each student's school day under the
36- direction of the open-enrollment charter school if the most recent
37- accountability rating of:
38- (1) the campus was a C or higher under Subchapter C,
39- Chapter 39; and
40- (2) the open-enrollment charter school was a C or
41- higher under Subchapters C and D, Chapter 39.
42- (e) The commissioner may adopt rules and collect data to
43- determine the portion of funding a school district is entitled to
44- under Subsection (d) if the district contracts with an
45- open-enrollment charter school to jointly operate a campus program.
46- SECTION 2. Sections 42.2511(a) and (b), Education Code, are
17+ (b) If the board of trustees of a school district grants a
18+ campus program charter as provided by Section 12.052 and contracts
19+ with an entity that has been awarded a charter under Section
20+ 12.101(a) to jointly operate the campus program, the school
21+ district qualifies for funding for the campus program under Section
22+ 42.2511.
23+ SECTION 2. Section 11.174, Education Code, is amended by
24+ amending Subsection (f) and adding Subsection (f-1) to read as
25+ follows:
26+ (f) This subsection applies only to a district campus
27+ subject to a contract described by Subsection (a) that received an
28+ overall performance rating of unacceptable under Subchapter C,
29+ Chapter 39, for the school year before operation of the district
30+ campus under the contract began. The commissioner may not impose a
31+ sanction or take action against the campus under Section 39A.101
32+ [39.107(a) or (e)] for failure to satisfy academic performance
33+ standards during the first two school years of operation of a
34+ district campus under Subsection (a). The overall performance
35+ rating received by the campus during those first two school years is
36+ not included in calculating consecutive school years and is not
37+ considered a break in consecutive school years under Section
38+ 39A.101 [39.107(a) or (e)].
39+ (f-1) Subsection (f) does not affect the applicability of
40+ Section 39A.111 to the campus, and the performance rating received
41+ by the campus during those first two school years is included in
42+ calculating consecutive school years for purposes of that section.
43+ A campus that, as a result of the exemption from intervention, is
44+ not required to submit a campus turnaround plan after two
45+ consecutive school years of unacceptable performance is subject to
46+ Section 39A.111 as if the campus submitted a plan at the time that
47+ the plan would have otherwise been required.
48+ SECTION 3. Sections 42.2511(a) and (b), Education Code, are
4749 amended to read as follows:
4850 (a) This section applies only to:
4951 (1) a school district and an open-enrollment charter
5052 school that enter into a contract to operate a district campus as
5153 provided by Section 11.174; [and]
5254 (2) a charter granted by a school district for a
5355 program operated by an entity that has entered into a contract under
5456 Section 11.174, provided that the district does not appoint a
5557 majority of the governing body of the charter holder; and
56- (3) a school district that contracts with an
57- open-enrollment charter school to jointly operate a campus or
58- campus program as provided by Section 11.157(d).
58+ (3) a school district that contracts with an entity to
59+ operate a campus program as provided by Section 11.157(b).
5960 (b) Notwithstanding any other provision of this chapter or
6061 Chapter 41, a school district subject to this section is entitled to
6162 receive for each student in average daily attendance at the campus
6263 or program described by Subsection (a) an amount equivalent to the
6364 difference, if the difference results in increased funding,
6465 between:
6566 (1) the amount described by Section 12.106; and
6667 (2) the amount to which the district would be entitled
6768 under this chapter.
68- SECTION 3. This Act applies beginning with the 2019-2020
69+ SECTION 4. This Act applies beginning with the 2019-2020
6970 school year.
70- SECTION 4. This Act takes effect immediately if it receives
71+ SECTION 5. This Act takes effect immediately if it receives
7172 a vote of two-thirds of all the members elected to each house, as
7273 provided by Section 39, Article III, Texas Constitution. If this
7374 Act does not receive the vote necessary for immediate effect, this
7475 Act takes effect September 1, 2019.