By: Davis of Dallas H.B. No. 4209
A BILL TO BE ENTITLED
AN ACT
relating to the election of members of the governing body of an
open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.111(a), Education Code, is amended to
read as follows:
(a) Each charter granted under this subchapter must:
(1) describe the educational program to be offered,
which must include the required curriculum as provided by Section
28.002;
(2) provide that continuation of the charter is
contingent on the status of the charter as determined under Section
12.1141 or 12.115 or under Chapter 39A;
(3) specify the academic, operational, and financial
performance expectations by which a school operating under the
charter will be evaluated, which must include applicable elements
of the performance frameworks adopted under Section 12.1181;
(4) specify:
(A) any basis, in addition to a basis specified
by this subchapter or Chapter 39A, on which the charter may be
revoked, renewal of the charter may be denied, or the charter may be
allowed to expire; and
(B) the standards for evaluation of a school
operating under the charter for purposes of charter renewal, denial
of renewal, expiration, revocation, or other intervention in
accordance with Section 12.1141 or 12.115 or Chapter 39A, as
applicable;
(5) prohibit discrimination in admission policy on the
basis of sex, national origin, ethnicity, religion, disability,
academic, artistic, or athletic ability, or the district the child
would otherwise attend in accordance with this code, although the
charter may:
(A) provide for the exclusion of a student who
has a documented history of a criminal offense, a juvenile court
adjudication, or discipline problems under Subchapter A, Chapter
37; and
(B) provide for an admission policy that requires
a student to demonstrate artistic ability if the school specializes
in performing arts;
(6) specify the grade levels to be offered;
(7) describe the governing structure of the program,
including:
(A) the officer positions designated;
(B) the manner in which officers are selected and
removed from office;
(C) the manner in which temporary members of the
governing body of the school are selected;
(D) the manner in which members of the governing
body to be elected as required by this subchapter;
(E) the manner in which elected members of the
governing body are [and] removed from office;
(F) [(D)] the manner in which vacancies for
elected members on that governing body are filled;
(G) [(E)] the term for which elected members of
that governing body serve, provided that the term does not exceed
four years; and
(H) [(F)] whether the terms are to be staggered;
(8) specify the powers or duties of the governing body
of the school that the governing body may delegate to an officer;
(9) specify the manner in which the school will
distribute to parents information related to the qualifications of
each professional employee of the program, including any
professional or educational degree held by each employee, a
statement of any certification under Subchapter B, Chapter 21, held
by each employee, and any relevant experience of each employee;
(10) describe the process by which the person
providing the program will adopt an annual budget;
(11) describe the manner in which an annual audit of
the financial and programmatic operations of the program is to be
conducted, including the manner in which the person providing the
program will provide information necessary for the school district
in which the program is located to participate, as required by this
code or by commissioner rule, in the Public Education Information
Management System (PEIMS);
(12) describe the facilities to be used;
(13) describe the geographical area served by the
program;
(14) specify any type of enrollment criteria to be
used;
(15) provide information, as determined by the
commissioner, relating to any management company that will provide
management services to a school operating under the charter; and
(16) specify that the governing body of an
open-enrollment charter school accepts and may not delegate
ultimate responsibility for the school, including the school's
academic performance and financial and operational viability, and
is responsible for overseeing any management company providing
management services for the school and for holding the management
company accountable for the school's performance.
SECTION 2. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.1135 and 12.1136 to read as follows:
Sec. 12.1135. ELECTION OF CERTAIN MEMBERS OF GOVERNING
BODY. (a) Not later than one school year after an open-enrollment
charter school begins providing instruction to students, the
temporary members of the governing body of the school shall, in the
manner prescribed by the charter, hold an election to elect the
members of the governing body.
(b) Each parent of or person standing in parental relation
to a student enrolled at the school may vote in an election under
this section, regardless of the disproportionate representation
that may result.
(c) This section does not prohibit the election or selection
of a temporary member.
Sec. 12.1136. ELECTION OF CERTAIN MEMBERS OF GOVERNING
BODY: CHARTERS IN OPERATION ON SEPTEMBER 1, 2019. (a) This section
applies to an open-enrollment charter school that:
(1) is in operation on September 1, 2019; and
(2) is not subject to alternative management or
another sanction affecting its governance under this code.
(b) Not later than September 1, 2020, an open-enrollment
charter school subject to this section shall:
(1) revise the school's charter to conform to the
changes in law made by H.B. , 86th Legislature, Regular Session,
2019; and
(2) in the manner prescribed by the charter, hold an
election of the members of the governing body.
(c) Each parent of or person standing in parental relation
to a student enrolled at the school may vote in an election under
this section, regardless of the disproportionate representation
that may result.
(d) This section expires September 1, 2021.
SECTION 3. 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.