Texas 2019 - 86th Regular

Texas House Bill HB4437 Compare Versions

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

Old	New	Differences
1	1	By: Krause H.B. No. 4437
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to notification about and location of an open-enrollment
7	7	charter school or campus.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.1101, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
12	12	ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
13	13	a procedure for providing timely notice to the following persons on
14	14	receipt by the commissioner of a request or action that could affect
15	15	a school district, including an application for a charter for an
16	16	open-enrollment charter school under Section 12.110, [or of] notice
17	17	of the establishment of a campus as authorized under Section
18	18	12.101(b-4), a request for approval of an expansion amendment under
19	19	Section 12.114, or a request for approval to revise the maximum
20	20	student enrollment submitted under Section 12.114:
21	21	(1) the board of trustees and superintendent of each
22	22	affected school district that is located in or that serves the
23	23	geographic area described in the charter, proposed charter, or
24	24	revision or that is within 10 miles of the proposed location of the
25	25	school or campus [from which the proposed open-enrollment charter
26	26	school or campus is likely to draw students, as determined by the
27	27	commissioner]; and
28	28	(2) each member of the legislature who [that]
29	29	represents an affected school district [the geographic area to be
30	30	served by the proposed school or campus, as determined by the
31	31	commissioner].
32	32	(b) For requests or actions related to establishment or
33	33	expansion of an open-enrollment charter school or campus, the
34	34	procedures for notice to persons listed under Subsection (a) must
35	35	require the notice to include sufficient specificity regarding the
36	36	proposed location of the school or campus, including the physical
37	37	address if it is available, or one zip code and one school district
38	38	where the school or campus is anticipated to open, for each affected
39	39	school district described by Subsection (a)(1) to adequately
40	40	anticipate any resulting changes in enrollment, programs,
41	41	services, and personnel at each district campus.
42	42	SECTION 2. Section 12.111(a), Education Code, is amended to
43	43	read as follows:
44	44	(a) Each charter granted under this subchapter must:
45	45	(1) describe the educational program to be offered,
46	46	which must include the required curriculum as provided by Section
47	47	28.002;
48	48	(2) provide that continuation of the charter is
49	49	contingent on the status of the charter as determined under Section
50	50	12.1141 or 12.115 or under Chapter 39A;
51	51	(3) specify the academic, operational, and financial
52	52	performance expectations by which a school operating under the
53	53	charter will be evaluated, which must include applicable elements
54	54	of the performance frameworks adopted under Section 12.1181;
55	55	(4) specify:
56	56	(A) any basis, in addition to a basis specified
57	57	by this subchapter or Chapter 39A, on which the charter may be
58	58	revoked, renewal of the charter may be denied, or the charter may be
59	59	allowed to expire; and
60	60	(B) the standards for evaluation of a school
61	61	operating under the charter for purposes of charter renewal, denial
62	62	of renewal, expiration, revocation, or other intervention in
63	63	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
64	64	applicable;
65	65	(5) prohibit discrimination in admission policy on the
66	66	basis of sex, national origin, ethnicity, religion, disability,
67	67	academic, artistic, or athletic ability, or the district the child
68	68	would otherwise attend in accordance with this code, although the
69	69	charter may:
70	70	(A) provide for the exclusion of a student who
71	71	has a documented history of a criminal offense, a juvenile court
72	72	adjudication, or discipline problems under Subchapter A, Chapter
73	73	37; and
74	74	(B) provide for an admission policy that requires
75	75	a student to demonstrate artistic ability if the school specializes
76	76	in performing arts;
77	77	(6) specify the grade levels to be offered;
78	78	(7) describe the governing structure of the program,
79	79	including:
80	80	(A) the officer positions designated;
81	81	(B) the manner in which officers are selected and
82	82	removed from office;
83	83	(C) the manner in which members of the governing
84	84	body of the school are selected and removed from office;
85	85	(D) the manner in which vacancies on that
86	86	governing body are filled;
87	87	(E) the term for which members of that governing
88	88	body serve; and
89	89	(F) whether the terms are to be staggered;
90	90	(8) specify the powers or duties of the governing body
91	91	of the school that the governing body may delegate to an officer;
92	92	(9) specify the manner in which the school will
93	93	distribute to parents information related to the qualifications of
94	94	each professional employee of the program, including any
95	95	professional or educational degree held by each employee, a
96	96	statement of any certification under Subchapter B, Chapter 21, held
97	97	by each employee, and any relevant experience of each employee;
98	98	(10) describe the process by which the person
99	99	providing the program will adopt an annual budget;
100	100	(11) describe the manner in which an annual audit of
101	101	the financial and programmatic operations of the program is to be
102	102	conducted, including the manner in which the person providing the
103	103	program will provide information necessary for the school district
104	104	in which the program is located to participate, as required by this
105	105	code or by commissioner rule, in the Public Education Information
106	106	Management System (PEIMS);
107	107	(12) describe the facilities to be used;
108	108	(13) describe the geographic [geographical] area
109	109	served by the program, specify a proposed location in the manner
110	110	provided by Section 12.1101, and identify school districts that may
111	111	be affected;
112	112	(14) specify any type of enrollment criteria to be
113	113	used;
114	114	(15) provide information, as determined by the
115	115	commissioner, relating to any management company that will provide
116	116	management services to a school operating under the charter; and
117	117	(16) specify that the governing body of an
118	118	open-enrollment charter school accepts and may not delegate
119	119	ultimate responsibility for the school, including the school's
120	120	academic performance and financial and operational viability, and
121	121	is responsible for overseeing any management company providing
122	122	management services for the school and for holding the management
123	123	company accountable for the school's performance.
124	124	SECTION 3. The changes in law in Sections 12.1101 and
125	125	12.111(a), Education Code, as amended by this Act, apply beginning
126	126	with a new open-enrollment charter school or campus that is
127	127	anticipated to open for the 2021-2022 school year.
128	128	SECTION 4. This Act takes effect immediately if it receives
129	129	a vote of two-thirds of all the members elected to each house, as
130	130	provided by Section 39, Article III, Texas Constitution. If this
131	131	Act does not receive the vote necessary for immediate effect, this
132	132	Act takes effect September 1, 2019.