87R12425 MLH-D
By: Rodriguez H.B. No. 4003
A BILL TO BE ENTITLED
AN ACT
relating to public comment on an application for or a revision of a
charter for an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.110, Education Code, is amended by
amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) The commissioner shall approve or deny an application
based on:
(1) documented evidence collected through the
application review process;
(2) merit; [and]
(3) other criteria as adopted by the commissioner,
which must include:
(A) criteria relating to the capability of the
applicant to carry out the responsibilities provided by the charter
and the likelihood that the applicant will operate a school of high
quality;
(B) criteria relating to improving student
performance and encouraging innovative programs; and
(C) a statement from any school district whose
enrollment is likely to be affected by the open-enrollment charter
school, including information relating to any financial difficulty
that a loss in enrollment may have on the district; and
(4) consideration of public comments on the
application received under Subsection (d-1).
(d-1) Before approving or denying an application received
under Subsection (a), the commissioner shall provide not less than
60 days for public comment on the application.
SECTION 2. Section 12.114, Education Code, is amended by
adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) The commissioner shall provide not less than 60 days
for public comment on a request for approval for an expansion
amendment submitted under this section.
(c) The [Not later than the 60th day after the date that a
charter holder submits to the] commissioner shall provide to the
charter holder written notice of approval or disapproval of a
completed request for [approval for] an expansion amendment, as
defined by commissioner rule, including a new school amendment, as
soon as practicable and not later than the 10th business day after
the date the period for public comment on the request provided under
Subsection (b-1) expires [the commissioner shall provide to the
charter holder written notice of approval or disapproval of the
amendment].
SECTION 3. 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, 2021.