Texas 2019 - 86th Regular

Texas Senate Bill SB917 Compare Versions

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

Old	New	Differences
1	1	86R10639 MP-F
2	2	By: Campbell S.B. No. 917
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the approval of open-enrollment charter schools and the
8	8	review of challenges by open-enrollment charter schools or school
9	9	districts to accountability determinations.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter D, Chapter 12, Education Code, is
12	12	amended by adding Section 12.1102 to read as follows:
13	13	Sec. 12.1102. APPEAL OF APPLICATION SELECTION
14	14	DETERMINATION. (a) This section applies only if the charter
15	15	application selection process includes:
16	16	(1) scoring criteria and procedures for use of the
17	17	criteria by an external application review panel selected by the
18	18	commissioner; and
19	19	(2) selection criteria that include the minimum score
20	20	necessary for an applicant to be eligible for selection.
21	21	(b) The State Board of Education shall adopt procedures for
22	22	the appeal of an application selection determination made based on
23	23	the submission of an application under a process described by
24	24	Subsection (a).
25	25	(c) The procedures adopted under this section must provide
26	26	for an applicant who scores within 10 percentage points of the
27	27	minimum score necessary for an applicant to be eligible for
28	28	selection to appeal to the State Board of Education a score
29	29	determined by the external application review panel.
30	30	(d) The determination of the State Board of Education in an
31	31	appeal under the procedures adopted under this section is final.
32	32	(e) If the charter applicant prevails in an appeal to the
33	33	State Board of Education, the commissioner shall consider the
34	34	applicant's application.
35	35	SECTION 2. Section 12.1141, Education Code, is amended by
36	36	adding Subsection (d-1) to read as follows:
37	37	(d-1) The commissioner may not allow the charter of an
38	38	open-enrollment charter school to expire as provided by Subsection
39	39	(d) if for one of the school years the commissioner considers in
40	40	making a decision the school is not rated as provided by Section
41	41	39.151(c-1).
42	42	SECTION 3. Section 12.115, Education Code, is amended by
43	43	adding Subsection (c-1) to read as follows:
44	44	(c-1) The commissioner may not revoke the charter of an
45	45	open-enrollment charter school as provided by Subsection (c) if for
46	46	one of the school years the commissioner considers in making a
47	47	decision the school is not rated as provided by Section
48	48	39.151(c-1).
49	49	SECTION 4. Section 39.151, Education Code, is amended by
50	50	amending Subsection (b) and adding Subsection (c-1) to read as
51	51	follows:
52	52	(b) The rules under Subsection (a) must provide for the
53	53	commissioner to appoint a committee to make recommendations to the
54	54	commissioner on a challenge made to an agency decision relating to
55	55	an academic performance rating or determination or financial
56	56	accountability rating. The committee shall review any challenge
57	57	regardless of the basis identified in the challenge by the school
58	58	district or open-enrollment charter school for the rating or
59	59	determination. The commissioner may not appoint an agency employee
60	60	as a member of a [the] committee.
61	61	(c-1) Except as provided by this subsection, the
62	62	commissioner may not limit a challenge relating to a data or
63	63	calculation error or inaccuracy attributable to the school district
64	64	or open-enrollment charter school, even if the challenge
65	65	demonstrates that the data or calculation error or inaccuracy
66	66	caused the district or school to have a lower academic performance
67	67	rating or financial accountability rating. To consider a challenge
68	68	under this subsection, supporting documentation related to a data
69	69	or calculation error or inaccuracy must be submitted not later than
70	70	the first anniversary of the date of the deadline to submit a
71	71	challenge. If a challenge demonstrates that the data or
72	72	calculation error or inaccuracy caused the district or school to
73	73	have a lower academic performance rating or financial
74	74	accountability rating, the commissioner shall:
75	75	(1) assign the district or school the corrected
76	76	rating; or
77	77	(2) indicate for that school year that the district or
78	78	school is not rated.
79	79	SECTION 5. Section 12.101(b-0), Education Code, is
80	80	repealed.
81	81	SECTION 6. As soon as practicable after the effective date
82	82	of this Act, the State Board of Education shall adopt procedures for
83	83	the appeal of an application selection determination as provided by
84	84	Section 12.1102, Education Code, as added by this Act.
85	85	SECTION 7. Section 12.1102, Education Code, as added by
86	86	this Act, applies only to an application submitted on or after the
87	87	effective date of this Act.
88	88	SECTION 8. Section 39.151(c-1), Education Code, as added by
89	89	this Act, applies only to a data or calculation error or inaccuracy
90	90	challenge to an academic performance rating or financial
91	91	accountability rating assigned for the 2019-2020 school year or a
92	92	later school year.
93	93	SECTION 9. This Act takes effect immediately if it receives
94	94	a vote of two-thirds of all the members elected to each house, as
95	95	provided by Section 39, Article III, Texas Constitution. If this
96	96	Act does not receive the vote necessary for immediate effect, this
97	97	Act takes effect September 1, 2019.