Texas 2019 - 86th Regular

Texas House Bill HB43 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	86R26759 MEW-D
2		-	By: Hinojosa, Allen, Bailes, Dutton, H.B. No. 43
3		-	VanDeaver, et al.
4		-	Substitute the following for H.B. No. 43:
5		-	By: González of El Paso C.S.H.B. No. 43
	1	+	86R1421 MEW-D
	2	+	By: Hinojosa H.B. No. 43
6	3
7	4
8	5		A BILL TO BE ENTITLED
9	6		AN ACT
10	7		relating to the admission policy of an open-enrollment charter
11	8		school.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Section 12.111, Education Code, is amended by
14	11		amending Subsection (a) and adding Subsection (a-1) to read as
15	12		follows:
16	13		(a) Each charter granted under this subchapter must:
17	14		(1) describe the educational program to be offered,
18	15		which must include the required curriculum as provided by Section
19	16		28.002;
20	17		(2) provide that continuation of the charter is
21	18		contingent on the status of the charter as determined under Section
22	19		12.1141 or 12.115 or under Chapter 39A;
23	20		(3) specify the academic, operational, and financial
24	21		performance expectations by which a school operating under the
25	22		charter will be evaluated, which must include applicable elements
26	23		of the performance frameworks adopted under Section 12.1181;
27	24		(4) specify:
28	25		(A) any basis, in addition to a basis specified
29	26		by this subchapter or Chapter 39A, on which the charter may be
30	27		revoked, renewal of the charter may be denied, or the charter may be
31	28		allowed to expire; and
32	29		(B) the standards for evaluation of a school
33	30		operating under the charter for purposes of charter renewal, denial
34	31		of renewal, expiration, revocation, or other intervention in
35	32		accordance with Section 12.1141 or 12.115 or Chapter 39A, as
36	33		applicable;
37	34		(5) prohibit discrimination in admission policy on the
38	35		basis of sex, national origin, ethnicity, religion, disability,
39	36		discipline history, academic, artistic, or athletic ability, or the
40	37		district the child would otherwise attend in accordance with this
41		-	code, although the charter may:
42		-	(A) provide for the exclusion of a student who is
43		-	currently:
44		-	(i) placed in a disciplinary alternative
45		-	education program or a juvenile justice alternative education
46		-	program; or
47		-	(ii) subject to an order of expulsion from a
48		-	school district or open-enrollment charter school [has a documented
49		-	history of a criminal offense, a juvenile court adjudication, or
50		-	discipline problems under Subchapter A, Chapter 37]; and
51		-	(B) provide for an admission policy that requires
52		-	a student to demonstrate artistic ability if the school specializes
53		-	in performing arts;
	38	+	code, although the charter may[:
	39	+	[(A) provide for the exclusion of a student who
	40	+	has a documented history of a criminal offense, a juvenile court
	41	+	adjudication, or discipline problems under Subchapter A, Chapter
	42	+	37; and
	43	+	[(B)] provide for an admission policy that
	44	+	requires a student to demonstrate artistic ability if the school
	45	+	specializes in performing arts;
54	46		(6) specify the grade levels to be offered;
55	47		(7) describe the governing structure of the program,
56	48		including:
57	49		(A) the officer positions designated;
58	50		(B) the manner in which officers are selected and
59	51		removed from office;
60	52		(C) the manner in which members of the governing
61	53		body of the school are selected and removed from office;
62	54		(D) the manner in which vacancies on that
63	55		governing body are filled;
64	56		(E) the term for which members of that governing
65	57		body serve; and
66	58		(F) whether the terms are to be staggered;
67	59		(8) specify the powers or duties of the governing body
68	60		of the school that the governing body may delegate to an officer;
69	61		(9) specify the manner in which the school will
70	62		distribute to parents information related to the qualifications of
71	63		each professional employee of the program, including any
72	64		professional or educational degree held by each employee, a
73	65		statement of any certification under Subchapter B, Chapter 21, held
74	66		by each employee, and any relevant experience of each employee;
75	67		(10) describe the process by which the person
76	68		providing the program will adopt an annual budget;
77	69		(11) describe the manner in which an annual audit of
78	70		the financial and programmatic operations of the program is to be
79	71		conducted, including the manner in which the person providing the
80	72		program will provide information necessary for the school district
81	73		in which the program is located to participate, as required by this
82	74		code or by commissioner rule, in the Public Education Information
83	75		Management System (PEIMS);
84	76		(12) describe the facilities to be used;
85	77		(13) describe the geographical area served by the
86	78		program;
87	79		(14) specify any type of enrollment criteria to be
88	80		used;
89	81		(15) provide information, as determined by the
90	82		commissioner, relating to any management company that will provide
91	83		management services to a school operating under the charter; and
92	84		(16) specify that the governing body of an
93	85		open-enrollment charter school accepts and may not delegate
94	86		ultimate responsibility for the school, including the school's
95	87		academic performance and financial and operational viability, and
96	88		is responsible for overseeing any management company providing
97	89		management services for the school and for holding the management
98	90		company accountable for the school's performance.
99	91		(a-1) Notwithstanding Subsection (a)(5), a charter granted
100		-	under this subchapter may provide for the exclusion of a student
101		-	from an open-enrollment charter school campus that includes a
102		-	child-care facility based on the student's conviction for a
103		-	criminal offense that would preclude the student from being
104		-	admitted to a school district campus that includes a child-care
105		-	facility.
106		-	SECTION 2. Section 12.117, Education Code, is amended by
107		-	adding Subsection (a-1) to read as follows:
108		-	(a-1) An application required under Subsection (a) or any
109		-	communication with the applicant or with the school in which the
110		-	applicant is currently enrolled may not include a request for
111		-	information regarding the applicant's discipline history except
112		-	for a disciplinary action described by Section 12.111(a)(5)(A) or a
113		-	notice of disciplinary action under Section 37.022.
114		-	SECTION 3. This Act applies beginning with the 2019-2020
115		-	school year.
116		-	SECTION 4. This Act takes effect immediately if it receives
117		-	a vote of two-thirds of all the members elected to each house, as
118		-	provided by Section 39, Article III, Texas Constitution. If this
119		-	Act does not receive the vote necessary for immediate effect, this
120		-	Act takes effect September 1, 2019.
	92	+	under this subchapter for an open-enrollment charter school that
	93	+	has an enrollment of which at least 75 percent of the students are
	94	+	18 years of age or older as of September 1 of the school year may
	95	+	provide for the exclusion of a student based on the student's
	96	+	documented history of a criminal offense, a juvenile court
	97	+	adjudication, or discipline problems under Subchapter A, Chapter
	98	+	37.
	99	+	SECTION 2. This Act takes effect September 1, 2019.