By: Krause H.B. No. 4437
A BILL TO BE ENTITLED
AN ACT
relating to notification about and location of an open-enrollment
charter school or campus.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt
a procedure for providing timely notice to the following persons on
receipt by the commissioner of a request or action that could affect
a school district, including an application for a charter for an
open-enrollment charter school under Section 12.110, [or of] notice
of the establishment of a campus as authorized under Section
12.101(b-4), a request for approval of an expansion amendment under
Section 12.114, or a request for approval to revise the maximum
student enrollment submitted under Section 12.114:
(1) the board of trustees and superintendent of each
affected school district that is located in or that serves the
geographic area described in the charter, proposed charter, or
revision or that is within 10 miles of the proposed location of the
school or campus [from which the proposed open-enrollment charter
school or campus is likely to draw students, as determined by the
commissioner]; and
(2) each member of the legislature who [that]
represents an affected school district [the geographic area to be
served by the proposed school or campus, as determined by the
commissioner].
(b) For requests or actions related to establishment or
expansion of an open-enrollment charter school or campus, the
procedures for notice to persons listed under Subsection (a) must
require the notice to include sufficient specificity regarding the
proposed location of the school or campus, including the physical
address if it is available, or one zip code and one school district
where the school or campus is anticipated to open, for each affected
school district described by Subsection (a)(1) to adequately
anticipate any resulting changes in enrollment, programs,
services, and personnel at each district campus.
SECTION 2. 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 members of the governing
body of the school are selected and removed from office;
(D) the manner in which vacancies on that
governing body are filled;
(E) the term for which members of that governing
body serve; and
(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 geographic [geographical] area
served by the program, specify a proposed location in the manner
provided by Section 12.1101, and identify school districts that may
be affected;
(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 3. The changes in law in Sections 12.1101 and
12.111(a), Education Code, as amended by this Act, apply beginning
with a new open-enrollment charter school or campus that is
anticipated to open for the 2021-2022 school year.
SECTION 4. 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.