Texas 2019 - 86th Regular

Texas Senate Bill SB2426 Compare Versions

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

Old	New	Differences
1	1	86R13105 SOS-D
2	2	By: West S.B. No. 2426
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to public school discipline and law and order issues
8	8	regarding open-enrollment charter schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, as amended by
11	11	Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
12	12	of the 85th Legislature, Regular Session, 2017, is reenacted and
13	13	amended to read as follows:
14	14	(b) An open-enrollment charter school is subject to:
15	15	(1) a provision of this title establishing a criminal
16	16	offense; and
17	17	(2) a prohibition, restriction, or requirement, as
18	18	applicable, imposed by this title or a rule adopted under this
19	19	title, relating to:
20	20	(A) the Public Education Information Management
21	21	System (PEIMS) to the extent necessary to monitor compliance with
22	22	this subchapter as determined by the commissioner;
23	23	(B) criminal history records under Subchapter C,
24	24	Chapter 22;
25	25	(C) reading instruments and accelerated reading
26	26	instruction programs under Section 28.006;
27	27	(D) accelerated instruction under Section
28	28	28.0211;
29	29	(E) high school graduation requirements under
30	30	Section 28.025;
31	31	(F) special education programs under Subchapter
32	32	A, Chapter 29;
33	33	(G) bilingual education under Subchapter B,
34	34	Chapter 29;
35	35	(H) prekindergarten programs under Subchapter E
36	36	or E-1, Chapter 29;
37	37	(I) extracurricular activities under Section
38	38	33.081;
39	39	(J) discipline and law and order [management
40	40	practices or behavior management techniques] under Chapter 37
41	41	[Section 37.0021];
42	42	(K) health and safety under Chapter 38;
43	43	(L) public school accountability under
44	44	Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
45	45	(M) the requirement under Section 21.006 to
46	46	report an educator's misconduct;
47	47	(N) intensive programs of instruction under
48	48	Section 28.0213;
49	49	(O) the right of a school employee to report a
50	50	crime, as provided by Section 37.148; [and]
51	51	(P) bullying prevention policies and procedures
52	52	under Section 37.0832;
53	53	(Q) the right of a school under Section 37.0052
54	54	to place a student who has engaged in certain bullying behavior in a
55	55	disciplinary alternative education program or to expel the student;
56	56	[and]
57	57	(R) the right under Section 37.0151 to report to
58	58	local law enforcement certain conduct constituting assault or
59	59	harassment; and
60	60	(S) [(P)] a parent's right to information
61	61	regarding the provision of assistance for learning difficulties to
62	62	the parent's child as provided by Sections 26.004(b)(11) and
63	63	26.0081(c) and (d).
64	64	SECTION 2. Section 12.111(a), Education Code, is amended to
65	65	read as follows:
66	66	(a) Each charter granted under this subchapter [must]:
67	67	(1) must describe the educational program to be
68	68	offered, which must include the required curriculum as provided by
69	69	Section 28.002;
70	70	(2) must provide that continuation of the charter is
71	71	contingent on the status of the charter as determined under Section
72	72	12.1141 or 12.115 or under Chapter 39A;
73	73	(3) must specify the academic, operational, and
74	74	financial performance expectations by which a school operating
75	75	under the charter will be evaluated, which must include applicable
76	76	elements of the performance frameworks adopted under Section
77	77	12.1181;
78	78	(4) must specify:
79	79	(A) any basis, in addition to a basis specified
80	80	by this subchapter or Chapter 39A, on which the charter may be
81	81	revoked, renewal of the charter may be denied, or the charter may be
82	82	allowed to expire; and
83	83	(B) the standards for evaluation of a school
84	84	operating under the charter for purposes of charter renewal, denial
85	85	of renewal, expiration, revocation, or other intervention in
86	86	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
87	87	applicable;
88	88	(5) must prohibit discrimination in admission policy
89	89	on the basis of:
90	90	(A) sex;
91	91	(B) [,] national origin;
92	92	(C) [,] ethnicity;
93	93	(D) [,] religion;
94	94	(E) [,] disability;
95	95	(F) eligibility for special education programs
96	96	under Subchapter A, Chapter 29, or bilingual education and special
97	97	language programs under Subchapter B, Chapter 29;
98	98	(G) discipline history;
99	99	(H) [,] academic, artistic, or athletic
100	100	ability;[,] or
101	101	(I) the district the child would otherwise attend
102	102	in accordance with this code;
103	103	(6) notwithstanding Subdivision (5), [, although the
104	104	charter] may[:
105	105	[(A) provide for the exclusion of a student who
106	106	has a documented history of a criminal offense, a juvenile court
107	107	adjudication, or discipline problems under Subchapter A, Chapter
108	108	37; and
109	109	[(B)] provide for an admission policy that
110	110	requires a student to demonstrate artistic ability if the school
111	111	specializes in performing arts;
112	112	(7) must [(6)] specify the grade levels to be offered;
113	113	(8) must [(7)] describe the governing structure of the
114	114	program, including:
115	115	(A) the officer positions designated;
116	116	(B) the manner in which officers are selected and
117	117	removed from office;
118	118	(C) the manner in which members of the governing
119	119	body of the school are selected and removed from office;
120	120	(D) the manner in which vacancies on that
121	121	governing body are filled;
122	122	(E) the term for which members of that governing
123	123	body serve; and
124	124	(F) whether the terms are to be staggered;
125	125	(9) must [(8)] specify the powers or duties of the
126	126	governing body of the school that the governing body may delegate to
127	127	an officer;
128	128	(10) must [(9)] specify the manner in which the
129	129	school will distribute to parents information related to the
130	130	qualifications of each professional employee of the program,
131	131	including any professional or educational degree held by each
132	132	employee, a statement of any certification under Subchapter B,
133	133	Chapter 21, held by each employee, and any relevant experience of
134	134	each employee;
135	135	(11) must [(10)] describe the process by which the
136	136	person providing the program will adopt an annual budget;
137	137	(12) must [(11)] describe the manner in which an
138	138	annual audit of the financial and programmatic operations of the
139	139	program is to be conducted, including the manner in which the person
140	140	providing the program will provide information necessary for the
141	141	school district in which the program is located to participate, as
142	142	required by this code or by commissioner rule, in the Public
143	143	Education Information Management System (PEIMS);
144	144	(13) must [(12)] describe the facilities to be used;
145	145	(14) must [(13)] describe the geographical area served
146	146	by the program;
147	147	(15) must [(14)] specify any type of enrollment
148	148	criteria to be used;
149	149	(16) must [(15)] provide information, as determined by
150	150	the commissioner, relating to any management company that will
151	151	provide management services to a school operating under the
152	152	charter; and
153	153	(17) must [(16)] specify that the governing body of an
154	154	open-enrollment charter school accepts and may not delegate
155	155	ultimate responsibility for the school, including the school's
156	156	academic performance and financial and operational viability, and
157	157	is responsible for overseeing any management company providing
158	158	management services for the school and for holding the management
159	159	company accountable for the school's performance.
160	160	SECTION 3. Section 12.117, Education Code, is amended by
161	161	adding Subsection (a-1) to read as follows:
162	162	(a-1) An application required under Subsection (a) may not
163	163	include any questions regarding the applicant's discipline history
164	164	or whether the applicant is eligible for special education programs
165	165	under Subchapter A, Chapter 29, or bilingual education and special
166	166	language programs under Subchapter B, Chapter 29.
167	167	SECTION 4. Section 12.119(c), Education Code, is amended to
168	168	read as follows:
169	169	(c) On request, the commissioner shall provide the
170	170	information required by this section and Section 12.111(a)(8)
171	171	[12.111(a)(7)] to a member of the public. The commissioner may
172	172	charge a reasonable fee to cover the commissioner's cost in
173	173	providing the information.
174	174	SECTION 5. Section 37.008(j), Education Code, is amended to
175	175	read as follows:
176	176	(j) If a student placed in a disciplinary alternative
177	177	education program enrolls in another school district before the
178	178	expiration of the period of placement, the board of trustees of the
179	179	district requiring the placement shall provide to the district in
180	180	which the student enrolls, at the same time other records of the
181	181	student are provided, a copy of the placement order. The district
182	182	in which the student enrolls shall inform each educator who will
183	183	have responsibility for, or will be under the direction and
184	184	supervision of an educator who will have responsibility for, the
185	185	instruction of the student of the contents of the placement order.
186	186	Each educator shall keep the information received under this
187	187	subsection confidential from any person not entitled to the
188	188	information under this subsection, except that the educator may
189	189	share the information with the student's parent or guardian as
190	190	provided for by state or federal law. The district in which the
191	191	student enrolls may continue the disciplinary alternative
192	192	education program placement under the terms of the order or may
193	193	allow the student to attend regular classes without completing the
194	194	period of placement. A district may take any action permitted by
195	195	this subsection if [:
196	196	[(1) the student was placed in a disciplinary
197	197	alternative education program by an open-enrollment charter school
198	198	under Section 12.131 and the charter school provides to the
199	199	district a copy of the placement order; or
200	200	[(2)] the student was placed in a disciplinary
201	201	alternative education program by a school district in another state
202	202	and:
203	203	(1) [(A)] the out-of-state district provides to the
204	204	district a copy of the placement order; and
205	205	(2) [(B)] the grounds for the placement by the
206	206	out-of-state district are grounds for placement in the district in
207	207	which the student is enrolling.
208	208	SECTION 6. Section 12.131, Education Code, is repealed.
209	209	SECTION 7. This Act applies beginning with the 2019-2020
210	210	school year.
211	211	SECTION 8. To the extent of any conflict, this Act prevails
212	212	over another Act of the 86th Legislature, Regular Session, 2019,
213	213	relating to nonsubstantive additions to and corrections in enacted
214	214	codes.
215	215	SECTION 9. This Act takes effect immediately if it receives
216	216	a vote of two-thirds of all the members elected to each house, as
217	217	provided by Section 39, Article III, Texas Constitution. If this
218	218	Act does not receive the vote necessary for immediate effect, this
219	219	Act takes effect September 1, 2019.