By: Bettencourt S.B. No. 2117
A BILL TO BE ENTITLED
AN ACT
relating to state funding and accountability intervention and
sanction provisions applicable to school district campuses and
programs operated under school district and charter partnerships.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 11.157, Education Code, is amended to
read as follows:
Sec. 11.157. CONTRACTS FOR EDUCATIONAL SERVICES. (a) The
board of trustees of an independent school district may contract
with a public or private entity for that entity to provide
educational services for the district.
(b) A school district that contracts with the governing body
of an open-enrollment charter school to jointly operate a campus or
campus program qualifies for funding under Section 42.2511 for each
student or the portion of each student's school day under the
direction of the open-enrollment charter school if the most recent
accountability rating of:
(1) the campus was a C or higher under Subchapter C,
Chapter 39; and
(2) the open-enrollment charter school was a C or
higher under Subchapters C and D, Chapter 39.
(c) The commissioner may adopt rules and collect data to
determine the portion of funding a school district is entitled to
under Subsection (b) if the district contracts with an
open-enrollment charter school to jointly operate a campus program.
SECTION 2. Sections 11.174(f) and (i), Education Code, are
amended to read as follows:
(f) This subsection applies only to a district campus that
is subject to a contract described by Subsection (a) entered into
before September 1, 2019, and that received an overall performance
rating of unacceptable under Subchapter C, Chapter 39, for the
school year before operation of the district campus under the
contract began. The commissioner may not impose a sanction or take
action against the campus under Section 39A.101 [39.107(a) or (e)]
for failure to satisfy academic performance standards during the
first two school years of operation of a district campus under
Subsection (a). The overall performance rating received by the
campus during those first two school years is not included in
calculating consecutive school years and is not considered a break
in consecutive school years under Section 39A.101 [39.107(a) or
(e)].
(i) A [The] contract entered into as provided by this
section [of a campus subject to Subsection (f)] must provide that
any student residing in the attendance zone of the district campus
as the attendance zone existed before operation of the district
campus under the contract shall be admitted for enrollment at the
campus. The contract must establish enrollment preference for
students who do not reside in the attendance zone as follows:
(1) other students residing in the school district in
which the campus is located; and
(2) students who reside outside the school district.
SECTION 3. Section 39A.107, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If, after a turnaround plan has been ordered under
Section 39A.101, the commissioner approves a contract under Section
11.174, the campus turnaround plan is considered to have been
approved by the commissioner as provided by Subsection (a).
SECTION 4. Sections 42.2511(a) and (b), Education Code, are
amended to read as follows:
(a) This section applies only to:
(1) a school district and an open-enrollment charter
school that enter into a contract to operate a district campus as
provided by Section 11.174; [and]
(2) a charter granted by a school district for a
program operated by an entity that has entered into a contract under
Section 11.174, provided that the district does not appoint a
majority of the governing body of the charter holder; and
(3) a school district that contracts with an
open-enrollment charter school to jointly operate a campus or
campus program as provided by Section 11.157(b).
(b) Notwithstanding any other provision of this chapter or
Chapter 41, a school district subject to this section is entitled to
receive for each student in average daily attendance at the campus
or program described by Subsection (a) an amount equivalent to the
difference, if the difference results in increased funding,
between:
(1) the amount described by Section 12.106; and
(2) the amount to which the district would be entitled
under this chapter.
SECTION 5. Section 11.174(g), Education Code, is repealed.
SECTION 6. This Act applies beginning with the 2019-2020
school year.
SECTION 7. The Texas Education Agency is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Texas Education Agency may, but is not required to,
implement a provision of this Act using other appropriations
available for that purpose.
SECTION 8. 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.