| 1 | 1 | | 87R12425 MLH-D |
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| 2 | 2 | | By: Rodriguez H.B. No. 4003 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to public comment on an application for or a revision of a |
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| 8 | 8 | | charter for an open-enrollment charter school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.110, Education Code, is amended by |
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| 11 | 11 | | amending Subsection (d) and adding Subsection (d-1) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (d) The commissioner shall approve or deny an application |
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| 14 | 14 | | based on: |
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| 15 | 15 | | (1) documented evidence collected through the |
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| 16 | 16 | | application review process; |
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| 17 | 17 | | (2) merit; [and] |
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| 18 | 18 | | (3) other criteria as adopted by the commissioner, |
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| 19 | 19 | | which must include: |
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| 20 | 20 | | (A) criteria relating to the capability of the |
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| 21 | 21 | | applicant to carry out the responsibilities provided by the charter |
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| 22 | 22 | | and the likelihood that the applicant will operate a school of high |
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| 23 | 23 | | quality; |
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| 24 | 24 | | (B) criteria relating to improving student |
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| 25 | 25 | | performance and encouraging innovative programs; and |
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| 26 | 26 | | (C) a statement from any school district whose |
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| 27 | 27 | | enrollment is likely to be affected by the open-enrollment charter |
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| 28 | 28 | | school, including information relating to any financial difficulty |
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| 29 | 29 | | that a loss in enrollment may have on the district; and |
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| 30 | 30 | | (4) consideration of public comments on the |
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| 31 | 31 | | application received under Subsection (d-1). |
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| 32 | 32 | | (d-1) Before approving or denying an application received |
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| 33 | 33 | | under Subsection (a), the commissioner shall provide not less than |
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| 34 | 34 | | 60 days for public comment on the application. |
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| 35 | 35 | | SECTION 2. Section 12.114, Education Code, is amended by |
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| 36 | 36 | | adding Subsection (b-1) and amending Subsection (c) to read as |
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| 37 | 37 | | follows: |
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| 38 | 38 | | (b-1) The commissioner shall provide not less than 60 days |
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| 39 | 39 | | for public comment on a request for approval for an expansion |
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| 40 | 40 | | amendment submitted under this section. |
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| 41 | 41 | | (c) The [Not later than the 60th day after the date that a |
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| 42 | 42 | | charter holder submits to the] commissioner shall provide to the |
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| 43 | 43 | | charter holder written notice of approval or disapproval of a |
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| 44 | 44 | | completed request for [approval for] an expansion amendment, as |
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| 45 | 45 | | defined by commissioner rule, including a new school amendment, as |
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| 46 | 46 | | soon as practicable and not later than the 10th business day after |
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| 47 | 47 | | the date the period for public comment on the request provided under |
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| 48 | 48 | | Subsection (b-1) expires [the commissioner shall provide to the |
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| 49 | 49 | | charter holder written notice of approval or disapproval of the |
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| 50 | 50 | | amendment]. |
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| 51 | 51 | | SECTION 3. This Act takes effect immediately if it receives |
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| 52 | 52 | | a vote of two-thirds of all the members elected to each house, as |
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| 53 | 53 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 54 | 54 | | Act does not receive the vote necessary for immediate effect, this |
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| 55 | 55 | | Act takes effect September 1, 2021. |
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