Texas 2021 - 87th Regular

Texas House Bill HB1748 Compare Versions

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

Old	New	Differences
1	1	87R3740 CAE-F
2	2	By: Bailes H.B. No. 1748
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the expansion of an open-enrollment charter school.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 12.1101, Education Code, is amended to
10	10	read as follows:
11	11	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
12	12	EXPANSION AMENDMENT [ESTABLISHMENT OF CAMPUS]. The commissioner by
13	13	rule shall adopt a procedure for providing notice to the following
14	14	persons on receipt by the commissioner of an application for a
15	15	charter for an open-enrollment charter school under Section 12.110
16	16	or of a request for an expansion amendment [notice of the
17	17	establishment of a campus as authorized] under Section 12.114
18	18	[12.101(b-4)]:
19	19	(1) the superintendent and the board of trustees of
20	20	each school district from which the proposed open-enrollment
21	21	charter school or campus is likely to draw students, as determined
22	22	by the commissioner; and
23	23	(2) each member of the legislature that represents the
24	24	geographic area to be served by the proposed school or campus, as
25	25	determined by the commissioner.
26	26	SECTION 2. Section 12.114, Education Code, is amended to
27	27	read as follows:
28	28	Sec. 12.114. REVISION OR AMENDMENT. (a) A revision of a
29	29	charter of an open-enrollment charter school that is not an
30	30	expansion amendment may be made only with the approval of the
31	31	commissioner. A revision of a charter of an open-enrollment
32	32	charter school that is an expansion amendment, as defined by
33	33	commissioner rule, may be made only in the manner provided by this
34	34	section. An expansion amendment includes any amendment to a
35	35	charter that is subject to approval under this section and would
36	36	result in an increase in the funds received by an open-enrollment
37	37	charter school under Chapter 48.
38	38	(b) Not more than once each year, an open-enrollment charter
39	39	school may request approval of an expansion amendment to:
40	40	(1) increase [to revise] the maximum allowable student
41	41	enrollment described by the school's charter;
42	42	(2) add a new campus or site;
43	43	(3) extend the grade levels described by the school's
44	44	charter; or
45	45	(4) expand the geographic boundaries described by the
46	46	school's charter.
47	47	(c) A [Not later than the 60th day after the date that a]
48	48	charter holder shall submit [submits] to the commissioner a
49	49	completed request for approval for an expansion amendment. The
50	50	request must identify any public school campus located within a
51	51	five-mile radius of the charter holder's existing or proposed
52	52	campus that may be affected by the requested expansion amendment.
53	53	The commissioner shall publicly post the request for approval for
54	54	an expansion amendment not later than the 10th business day after
55	55	the date the charter holder submits the request[, as defined by
56	56	commissioner rule, including a new school amendment, the
57	57	commissioner shall provide to the charter holder written notice of
58	58	approval or disapproval of the amendment].
59	59	(d) The commissioner may approve an expansion amendment
60	60	only if:
61	61	(1) the charter holder has complied with all expansion
62	62	amendment requirements, including providing notice in the manner
63	63	required by Section 12.1101;
64	64	(2) the overall performance rating assessed for the
65	65	most recently completed school year under Section 39.054 for at
66	66	least 90 percent of all campuses operated by the charter holder is
67	67	A, B, or C; and
68	68	(3) the charter holder has:
69	69	(A) an accreditation status of accredited; and
70	70	(B) a student population composed of students:
71	71	(i) at least 50 percent of whom are in
72	72	grades assessed under Subchapter B, Chapter 39; and
73	73	(ii) at least 50 percent of whom have been
74	74	enrolled in the school for three or more consecutive school years.
75	75	(e) The commissioner may not waive a provision of this
76	76	section [A charter holder may submit a request for approval for an
77	77	expansion amendment up to 18 months before the date on which the
78	78	expansion will be effective. A request for approval of an expansion
79	79	amendment does not obligate the charter holder to complete the
80	80	proposed expansion].
81	81	SECTION 3. Sections 12.101(b-4) and (b-10), Education Code,
82	82	are repealed.
83	83	SECTION 4. This Act takes effect September 1, 2021.