Texas 2019 - 86th Regular

Texas House Bill HB4209 Compare Versions

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

Old	New	Differences
1	1	By: Davis of Dallas H.B. No. 4209
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the election of members of the governing body of an
7	7	open-enrollment charter school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.111(a), Education Code, is amended to
10	10	read as follows:
11	11	(a) Each charter granted under this subchapter must:
12	12	(1) describe the educational program to be offered,
13	13	which must include the required curriculum as provided by Section
14	14	28.002;
15	15	(2) provide that continuation of the charter is
16	16	contingent on the status of the charter as determined under Section
17	17	12.1141 or 12.115 or under Chapter 39A;
18	18	(3) specify the academic, operational, and financial
19	19	performance expectations by which a school operating under the
20	20	charter will be evaluated, which must include applicable elements
21	21	of the performance frameworks adopted under Section 12.1181;
22	22	(4) specify:
23	23	(A) any basis, in addition to a basis specified
24	24	by this subchapter or Chapter 39A, on which the charter may be
25	25	revoked, renewal of the charter may be denied, or the charter may be
26	26	allowed to expire; and
27	27	(B) the standards for evaluation of a school
28	28	operating under the charter for purposes of charter renewal, denial
29	29	of renewal, expiration, revocation, or other intervention in
30	30	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
31	31	applicable;
32	32	(5) prohibit discrimination in admission policy on the
33	33	basis of sex, national origin, ethnicity, religion, disability,
34	34	academic, artistic, or athletic ability, or the district the child
35	35	would otherwise attend in accordance with this code, although the
36	36	charter may:
37	37	(A) provide for the exclusion of a student who
38	38	has a documented history of a criminal offense, a juvenile court
39	39	adjudication, or discipline problems under Subchapter A, Chapter
40	40	37; and
41	41	(B) provide for an admission policy that requires
42	42	a student to demonstrate artistic ability if the school specializes
43	43	in performing arts;
44	44	(6) specify the grade levels to be offered;
45	45	(7) describe the governing structure of the program,
46	46	including:
47	47	(A) the officer positions designated;
48	48	(B) the manner in which officers are selected and
49	49	removed from office;
50	50	(C) the manner in which temporary members of the
51	51	governing body of the school are selected;
52	52	(D) the manner in which members of the governing
53	53	body to be elected as required by this subchapter;
54	54	(E) the manner in which elected members of the
55	55	governing body are [and] removed from office;
56	56	(F) [(D)] the manner in which vacancies for
57	57	elected members on that governing body are filled;
58	58	(G) [(E)] the term for which elected members of
59	59	that governing body serve, provided that the term does not exceed
60	60	four years; and
61	61	(H) [(F)] whether the terms are to be staggered;
62	62	(8) specify the powers or duties of the governing body
63	63	of the school that the governing body may delegate to an officer;
64	64	(9) specify the manner in which the school will
65	65	distribute to parents information related to the qualifications of
66	66	each professional employee of the program, including any
67	67	professional or educational degree held by each employee, a
68	68	statement of any certification under Subchapter B, Chapter 21, held
69	69	by each employee, and any relevant experience of each employee;
70	70	(10) describe the process by which the person
71	71	providing the program will adopt an annual budget;
72	72	(11) describe the manner in which an annual audit of
73	73	the financial and programmatic operations of the program is to be
74	74	conducted, including the manner in which the person providing the
75	75	program will provide information necessary for the school district
76	76	in which the program is located to participate, as required by this
77	77	code or by commissioner rule, in the Public Education Information
78	78	Management System (PEIMS);
79	79	(12) describe the facilities to be used;
80	80	(13) describe the geographical area served by the
81	81	program;
82	82	(14) specify any type of enrollment criteria to be
83	83	used;
84	84	(15) provide information, as determined by the
85	85	commissioner, relating to any management company that will provide
86	86	management services to a school operating under the charter; and
87	87	(16) specify that the governing body of an
88	88	open-enrollment charter school accepts and may not delegate
89	89	ultimate responsibility for the school, including the school's
90	90	academic performance and financial and operational viability, and
91	91	is responsible for overseeing any management company providing
92	92	management services for the school and for holding the management
93	93	company accountable for the school's performance.
94	94	SECTION 2. Subchapter D, Chapter 12, Education Code, is
95	95	amended by adding Sections 12.1135 and 12.1136 to read as follows:
96	96	Sec. 12.1135. ELECTION OF CERTAIN MEMBERS OF GOVERNING
97	97	BODY. (a) Not later than one school year after an open-enrollment
98	98	charter school begins providing instruction to students, the
99	99	temporary members of the governing body of the school shall, in the
100	100	manner prescribed by the charter, hold an election to elect the
101	101	members of the governing body.
102	102	(b) Each parent of or person standing in parental relation
103	103	to a student enrolled at the school may vote in an election under
104	104	this section, regardless of the disproportionate representation
105	105	that may result.
106	106	(c) This section does not prohibit the election or selection
107	107	of a temporary member.
108	108	Sec. 12.1136. ELECTION OF CERTAIN MEMBERS OF GOVERNING
109	109	BODY: CHARTERS IN OPERATION ON SEPTEMBER 1, 2019. (a) This section
110	110	applies to an open-enrollment charter school that:
111	111	(1) is in operation on September 1, 2019; and
112	112	(2) is not subject to alternative management or
113	113	another sanction affecting its governance under this code.
114	114	(b) Not later than September 1, 2020, an open-enrollment
115	115	charter school subject to this section shall:
116	116	(1) revise the school's charter to conform to the
117	117	changes in law made by H.B. , 86th Legislature, Regular Session,
118	118	2019; and
119	119	(2) in the manner prescribed by the charter, hold an
120	120	election of the members of the governing body.
121	121	(c) Each parent of or person standing in parental relation
122	122	to a student enrolled at the school may vote in an election under
123	123	this section, regardless of the disproportionate representation
124	124	that may result.
125	125	(d) This section expires September 1, 2021.
126	126	SECTION 3. This Act takes effect immediately if it receives
127	127	a vote of two-thirds of all the members elected to each house, as
128	128	provided by Section 39, Article III, Texas Constitution. If this
129	129	Act does not receive the vote necessary for immediate effect, this
130	130	Act takes effect September 1, 2019.