87R6555 ANG-F
By: Rodriguez H.B. No. 4006
A BILL TO BE ENTITLED
AN ACT
relating to the locations at which a new open-enrollment charter
school or campus may be established.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101(b-4), Education Code, is amended
to read as follows:
(b-4) Notwithstanding Section 12.114, approval of the
commissioner under that section is not required for establishment
of a new open-enrollment charter school campus if the requirements
of this subsection are satisfied. A charter holder having an
accreditation status of accredited and at least 50 percent of its
student population in grades assessed under Subchapter B, Chapter
39, or at least 50 percent of the students in the grades assessed
having been enrolled in the school for at least three school years
may establish one or more new campuses under an existing charter
held by the charter holder if:
(1) the charter holder is currently evaluated under
the standard accountability procedures for evaluation under
Chapter 39 and received a district rating in the highest or second
highest performance rating category under Subchapter C, Chapter 39,
for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the
highest or second highest performance rating category and with no
campus with a rating in the lowest performance rating category in
the most recent ratings;
(2) the new campus will not be located within five
miles of a school district's or open-enrollment charter school's
campus that is assigned an overall performance rating of B or higher
under Section 39.054 for the preceding school year;
(3) the charter holder provides written notice to the
commissioner of the establishment of any campus under this
subsection in the time, manner, and form provided by rule of the
commissioner; and
(4) [(3)] not later than the 60th day after the date
the charter holder provides written notice under Subdivision (3)
[(2)], the commissioner does not provide written notice to the
charter holder that the commissioner has determined that the
charter holder does not satisfy the requirements of this section.
SECTION 2. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1152 to read as follows:
Sec. 12.1152. LOCATION OF CERTAIN OPEN-ENROLLMENT CHARTER
SCHOOLS. Notwithstanding any other provision of this subchapter,
the commissioner may not grant a charter for an open-enrollment
charter school under this subchapter or approve a request for an
expansion amendment to establish a new open-enrollment charter
school campus under Section 12.114 for a school or campus that would
be located within five miles of a school district's or
open-enrollment charter school's campus that is assigned an overall
performance rating of B or higher under Section 39.054 for the
preceding school year.
SECTION 3. (a) Section 12.101(b-4), Education Code, as
amended by this Act, applies only to a new open-enrollment charter
school campus established on or after the effective date of this
Act.
(b) Section 12.1152, Education Code, as added by this Act,
applies only to an application for a charter for an open-enrollment
charter school or a request for approval of an expansion amendment
to establish a new open-enrollment charter school campus submitted
on or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2021.