Texas 2019 - 86th Regular

Texas Senate Bill SB2293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2293
	1	+	By: Fallon S.B. No. 2293
	2	+	(Dutton)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5		-	relating to the applicability of certain laws to ~~and admission~~
6		-	~~procedures for open-enrollment~~ charter schools.
	7	+	relating to the applicability of certain laws to open-enrollment
	8	+	charter schools.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Section 12.1058(c), Education Code, is amended
9	11		to read as follows:
10	12		(c) Notwithstanding Subsection (a) or (b), an
11	13		open-enrollment charter school operated by a tax exempt entity as
12	14		described by Section 12.101(a)(3) is not considered to be a
13	15		political subdivision, local government, or local governmental
14	16		entity unless:
15	17		(1) the applicable statute specifically states that
16	18		the statute applies to an open-enrollment charter school; or
17	19		(2) a provision in this chapter states that a specific
18	20		statute applies to an open-enrollment charter school.
19		-	SECTION 2. Section 12.117(a), Education Code, is amended to
20		-	read as follows:
21		-	(a) For admission to an open-enrollment charter school, the
22		-	governing body of the school shall:
23		-	(1) require the applicant to complete and submit the
24		-	common admission [an] application form described by Section 12.1173
25		-	not later than a reasonable deadline the school establishes; and
26		-	(2) on receipt of more acceptable applications for
27		-	admission under this section than available positions in the
28		-	school:
29		-	(A) fill the available positions by lottery; or
30		-	(B) subject to Subsection (b), fill the available
31		-	positions in the order in which applications received before the
32		-	application deadline were received.
33		-	SECTION 3. Section 12.1171, Education Code, is amended to
34		-	read as follows:
35		-	Sec. 12.1171. ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS
36		-	SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117,
37		-	the governing body of an open-enrollment charter school that
38		-	specializes in one or more performing arts may require an applicant
39		-	to audition for admission to the school in addition to completing
40		-	and submitting the common admission application form under Section
41		-	12.1173.
42		-	SECTION 4. Subchapter D, Chapter 12, Education Code, is
43		-	amended by adding Sections 12.1173 and 12.1174 to read as follows:
44		-	Sec. 12.1173. COMMON ADMISSION APPLICATION FORM; WAITING
45		-	LIST FOR ADMISSION. (a) The commissioner by rule shall adopt a
46		-	common admission application form for use by an applicant for
47		-	admission to an open-enrollment charter school that provides for
48		-	the submission of information that the commissioner considers
49		-	appropriate.
50		-	(b) The form adopted under this section may not:
51		-	(1) advertise or otherwise promote any person or
52		-	open-enrollment charter school; or
53		-	(2) solicit money, goods, or services from an
54		-	applicant.
55		-	(c) The commissioner shall publicize the availability of
56		-	the form adopted under this section, including by posting the form
57		-	on the agency's Internet website.
58		-	(d) The commissioner by rule shall adopt guidelines for an
59		-	open-enrollment charter school that receives more acceptable
60		-	applications for admission than available positions at the school
61		-	to create and manage a waiting list each school year for applicants
62		-	who are not admitted.
63		-	(e) The commissioner shall adopt any other rules as
64		-	necessary to implement this section, including rules to ensure this
65		-	section complies with federal law regarding confidentiality of
66		-	student medical or educational information, including the Health
67		-	Insurance Portability and Accountability Act of 1996 (42 U.S.C.
68		-	Section 1320d et seq.) and the Family Educational Rights and
69		-	Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
70		-	relating to the privacy of student information.
71		-	Sec. 12.1174. ENROLLMENT AND WAITING LIST REPORT. (a) Not
72		-	later than the last Friday in October of each school year, in the
73		-	form prescribed by commissioner rule, the governing body of a
74		-	charter holder shall report to the agency for that school year:
75		-	(1) the following information for each campus
76		-	operating under the charter holder's charter:
77		-	(A) the number of students enrolled;
78		-	(B) the enrollment capacity; and
79		-	(C) if a charter holder uses a waiting list for
80		-	admission to a campus:
81		-	(i) the total number of students on the
82		-	waiting list; and
83		-	(ii) the number of students on the waiting
84		-	list disaggregated by grade level;
85		-	(2) the information described by Subdivision (1)
86		-	aggregated for all campuses operating under the charter holder's
87		-	charter; and
88		-	(3) any information required by the commissioner as
89		-	necessary to identify each student admitted to or on a waiting list
90		-	for admission to a campus operating under the charter holder's
91		-	charter who is or was previously enrolled in a public school in this
92		-	state.
93		-	(b) From information provided to the commissioner by each
94		-	charter holder under this subchapter, the commissioner shall
95		-	identify each group of charter holders considered by the
96		-	commissioner to be corporate affiliates or substantially related
97		-	charter holders. Using the information reported under Subsections
98		-	(a)(1) and (2), the agency shall aggregate the information for each
99		-	group of charter holders identified by the commissioner under this
100		-	subsection.
101		-	(c) Not later than March 15 of each year, the commissioner
102		-	shall post on the agency's Internet website:
103		-	(1) the information reported by charter holders under
104		-	Subsections (a)(1) and (2); and
105		-	(2) the information aggregated by the agency under
106		-	Subsection (b).
107		-	(d) The commissioner shall adopt rules as necessary to
108		-	implement this section, including rules to ensure this section
109		-	complies with federal law regarding confidentiality of student
110		-	educational information, including the Family Educational Rights
111		-	and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
112		-	relating to the privacy of student information.
113		-	SECTION 5. Chapter 617, Government Code, is amended by
	21	+	SECTION 2. Chapter 617, Government Code, is amended by
114	22		adding Section 617.0025 to read as follows:
115	23		Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT
116	24		CHARTER SCHOOL. (a) An open-enrollment charter school
117	25		established under Subchapter D, Chapter 12, Education Code, is a
118	26		political subdivision for purposes of this chapter.
119	27		(b) A member of the governing body of a charter holder, a
120	28		member of the governing body of an open-enrollment charter school,
121	29		and an officer of an open-enrollment charter school are considered
122	30		to be officials of a political subdivision and an employee of an
123	31		open-enrollment charter school is considered to be a public
124	32		employee under this chapter.
125		-	SECTION 6. Sections 12.117 and 12.1171, Education Code, as
126		-	amended by this Act, and Section 12.1174, Education Code, as added
127		-	by this Act, apply beginning with the 2020-2021 school year.
128		-	SECTION 7. Not later than January 1, 2020, the commissioner
129		-	of education shall adopt a common admission application form,
130		-	waiting list guidelines, and any other rules as necessary to
131		-	implement Sections 12.1173 and 12.1174, Education Code, as added by
132		-	this Act.
133		-	SECTION 8. With respect to Section 617.0025, Government
	33	+	SECTION 3. With respect to Section 617.0025, Government
134	34		Code, as added by this Act, if an open-enrollment charter school
135	35		entered into a collective bargaining contract with a labor
136	36		organization before the effective date of this Act, Chapter 617,
137	37		Government Code, does not apply during the term of that contract. A
138	38		collective bargaining contract entered into before the effective
139	39		date of this Act may not be renewed.
140		-	SECTION 9. This Act takes effect immediately if it receives
	40	+	SECTION 4. This Act takes effect immediately if it receives
141	41		a vote of two-thirds of all the members elected to each house, as
142	42		provided by Section 39, Article III, Texas Constitution. If this
143	43		Act does not receive the vote necessary for immediate effect, this
144	44		Act takes effect September 1, 2019.
145		-	______________________________ ______________________________
146		-	President of the Senate Speaker of the House
147		-	I hereby certify that S.B. No. 2293 passed the Senate on
148		-	May 1, 2019, by the following vote: Yeas 22, Nays 9; and that the
149		-	Senate concurred in House amendment on May 23, 2019, by the
150		-	following vote: Yeas 25, Nays 6.
151		-	______________________________
152		-	Secretary of the Senate
153		-	I hereby certify that S.B. No. 2293 passed the House, with
154		-	amendment, on May 21, 2019, by the following vote: Yeas 95,
155		-	Nays 46, three present not voting.
156		-	______________________________
157		-	Chief Clerk of the House
158		-	Approved:
159		-	______________________________
160		-	Date
161		-	______________________________
162		-	Governor