87R3740 CAE-F
By: Bailes H.B. No. 1748
A BILL TO BE ENTITLED
AN ACT
relating to the expansion of an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
EXPANSION AMENDMENT [ESTABLISHMENT OF CAMPUS]. The commissioner by
rule shall adopt a procedure for providing notice to the following
persons on receipt by the commissioner of an application for a
charter for an open-enrollment charter school under Section 12.110
or of a request for an expansion amendment [notice of the
establishment of a campus as authorized] under Section 12.114
[12.101(b-4)]:
(1) the superintendent and the board of trustees of
each school district from which the proposed open-enrollment
charter school or campus is likely to draw students, as determined
by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school or campus, as
determined by the commissioner.
SECTION 2. Section 12.114, Education Code, is amended to
read as follows:
Sec. 12.114. REVISION OR AMENDMENT. (a) A revision of a
charter of an open-enrollment charter school that is not an
expansion amendment may be made only with the approval of the
commissioner. A revision of a charter of an open-enrollment
charter school that is an expansion amendment, as defined by
commissioner rule, may be made only in the manner provided by this
section. An expansion amendment includes any amendment to a
charter that is subject to approval under this section and would
result in an increase in the funds received by an open-enrollment
charter school under Chapter 48.
(b) Not more than once each year, an open-enrollment charter
school may request approval of an expansion amendment to:
(1) increase [to revise] the maximum allowable student
enrollment described by the school's charter;
(2) add a new campus or site;
(3) extend the grade levels described by the school's
charter; or
(4) expand the geographic boundaries described by the
school's charter.
(c) A [Not later than the 60th day after the date that a]
charter holder shall submit [submits] to the commissioner a
completed request for approval for an expansion amendment. The
request must identify any public school campus located within a
five-mile radius of the charter holder's existing or proposed
campus that may be affected by the requested expansion amendment.
The commissioner shall publicly post the request for approval for
an expansion amendment not later than the 10th business day after
the date the charter holder submits the request[, as defined by
commissioner rule, including a new school amendment, the
commissioner shall provide to the charter holder written notice of
approval or disapproval of the amendment].
(d) The commissioner may approve an expansion amendment
only if:
(1) the charter holder has complied with all expansion
amendment requirements, including providing notice in the manner
required by Section 12.1101;
(2) the overall performance rating assessed for the
most recently completed school year under Section 39.054 for at
least 90 percent of all campuses operated by the charter holder is
A, B, or C; and
(3) the charter holder has:
(A) an accreditation status of accredited; and
(B) a student population composed of students:
(i) at least 50 percent of whom are in
grades assessed under Subchapter B, Chapter 39; and
(ii) at least 50 percent of whom have been
enrolled in the school for three or more consecutive school years.
(e) The commissioner may not waive a provision of this
section [A charter holder may submit a request for approval for an
expansion amendment up to 18 months before the date on which the
expansion will be effective. A request for approval of an expansion
amendment does not obligate the charter holder to complete the
proposed expansion].
SECTION 3. Sections 12.101(b-4) and (b-10), Education Code,
are repealed.
SECTION 4. This Act takes effect September 1, 2021.