86R13105 SOS-D
By: West S.B. No. 2426
A BILL TO BE ENTITLED
AN ACT
relating to public school discipline and law and order issues
regarding open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.104(b), Education Code, as amended by
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline and law and order [management
practices or behavior management techniques] under Chapter 37
[Section 37.0021];
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment; and
(S) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d).
SECTION 2. Section 12.111(a), Education Code, is amended to
read as follows:
(a) Each charter granted under this subchapter [must]:
(1) must describe the educational program to be
offered, which must include the required curriculum as provided by
Section 28.002;
(2) must 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) must 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) must 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) must prohibit discrimination in admission policy
on the basis of:
(A) sex;
(B) [,] national origin;
(C) [,] ethnicity;
(D) [,] religion;
(E) [,] disability;
(F) eligibility for special education programs
under Subchapter A, Chapter 29, or bilingual education and special
language programs under Subchapter B, Chapter 29;
(G) discipline history;
(H) [,] academic, artistic, or athletic
ability;[,] or
(I) the district the child would otherwise attend
in accordance with this code;
(6) notwithstanding Subdivision (5), [, 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;
(7) must [(6)] specify the grade levels to be offered;
(8) must [(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;
(9) must [(8)] specify the powers or duties of the
governing body of the school that the governing body may delegate to
an officer;
(10) must [(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;
(11) must [(10)] describe the process by which the
person providing the program will adopt an annual budget;
(12) must [(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);
(13) must [(12)] describe the facilities to be used;
(14) must [(13)] describe the geographical area served
by the program;
(15) must [(14)] specify any type of enrollment
criteria to be used;
(16) must [(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
(17) must [(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. Section 12.117, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) An application required under Subsection (a) may not
include any questions regarding the applicant's discipline history
or whether the applicant is eligible for special education programs
under Subchapter A, Chapter 29, or bilingual education and special
language programs under Subchapter B, Chapter 29.
SECTION 4. Section 12.119(c), Education Code, is amended to
read as follows:
(c) On request, the commissioner shall provide the
information required by this section and Section 12.111(a)(8)
[12.111(a)(7)] to a member of the public. The commissioner may
charge a reasonable fee to cover the commissioner's cost in
providing the information.
SECTION 5. Section 37.008(j), Education Code, is amended to
read as follows:
(j) If a student placed in a disciplinary alternative
education program enrolls in another school district before the
expiration of the period of placement, the board of trustees of the
district requiring the placement shall provide to the district in
which the student enrolls, at the same time other records of the
student are provided, a copy of the placement order. The district
in which the student enrolls shall inform each educator who will
have responsibility for, or will be under the direction and
supervision of an educator who will have responsibility for, the
instruction of the student of the contents of the placement order.
Each educator shall keep the information received under this
subsection confidential from any person not entitled to the
information under this subsection, except that the educator may
share the information with the student's parent or guardian as
provided for by state or federal law. The district in which the
student enrolls may continue the disciplinary alternative
education program placement under the terms of the order or may
allow the student to attend regular classes without completing the
period of placement. A district may take any action permitted by
this subsection if [:
[(1) the student was placed in a disciplinary
alternative education program by an open-enrollment charter school
under Section 12.131 and the charter school provides to the
district a copy of the placement order; or
[(2)] the student was placed in a disciplinary
alternative education program by a school district in another state
and:
(1) [(A)] the out-of-state district provides to the
district a copy of the placement order; and
(2) [(B)] the grounds for the placement by the
out-of-state district are grounds for placement in the district in
which the student is enrolling.
SECTION 6. Section 12.131, Education Code, is repealed.
SECTION 7. This Act applies beginning with the 2019-2020
school year.
SECTION 8. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 9. 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.