Texas 2021 - 87th Regular

Texas House Bill HB4006 Compare Versions

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11 87R6555 ANG-F
22 By: Rodriguez H.B. No. 4006
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the locations at which a new open-enrollment charter
88 school or campus may be established.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 12.101(b-4), Education Code, is amended
1111 to read as follows:
1212 (b-4) Notwithstanding Section 12.114, approval of the
1313 commissioner under that section is not required for establishment
1414 of a new open-enrollment charter school campus if the requirements
1515 of this subsection are satisfied. A charter holder having an
1616 accreditation status of accredited and at least 50 percent of its
1717 student population in grades assessed under Subchapter B, Chapter
1818 39, or at least 50 percent of the students in the grades assessed
1919 having been enrolled in the school for at least three school years
2020 may establish one or more new campuses under an existing charter
2121 held by the charter holder if:
2222 (1) the charter holder is currently evaluated under
2323 the standard accountability procedures for evaluation under
2424 Chapter 39 and received a district rating in the highest or second
2525 highest performance rating category under Subchapter C, Chapter 39,
2626 for three of the last five years with at least 75 percent of the
2727 campuses rated under the charter also receiving a rating in the
2828 highest or second highest performance rating category and with no
2929 campus with a rating in the lowest performance rating category in
3030 the most recent ratings;
3131 (2) the new campus will not be located within five
3232 miles of a school district's or open-enrollment charter school's
3333 campus that is assigned an overall performance rating of B or higher
3434 under Section 39.054 for the preceding school year;
3535 (3) the charter holder provides written notice to the
3636 commissioner of the establishment of any campus under this
3737 subsection in the time, manner, and form provided by rule of the
3838 commissioner; and
3939 (4) [(3)] not later than the 60th day after the date
4040 the charter holder provides written notice under Subdivision (3)
4141 [(2)], the commissioner does not provide written notice to the
4242 charter holder that the commissioner has determined that the
4343 charter holder does not satisfy the requirements of this section.
4444 SECTION 2. Subchapter D, Chapter 12, Education Code, is
4545 amended by adding Section 12.1152 to read as follows:
4646 Sec. 12.1152. LOCATION OF CERTAIN OPEN-ENROLLMENT CHARTER
4747 SCHOOLS. Notwithstanding any other provision of this subchapter,
4848 the commissioner may not grant a charter for an open-enrollment
4949 charter school under this subchapter or approve a request for an
5050 expansion amendment to establish a new open-enrollment charter
5151 school campus under Section 12.114 for a school or campus that would
5252 be located within five miles of a school district's or
5353 open-enrollment charter school's campus that is assigned an overall
5454 performance rating of B or higher under Section 39.054 for the
5555 preceding school year.
5656 SECTION 3. (a) Section 12.101(b-4), Education Code, as
5757 amended by this Act, applies only to a new open-enrollment charter
5858 school campus established on or after the effective date of this
5959 Act.
6060 (b) Section 12.1152, Education Code, as added by this Act,
6161 applies only to an application for a charter for an open-enrollment
6262 charter school or a request for approval of an expansion amendment
6363 to establish a new open-enrollment charter school campus submitted
6464 on or after the effective date of this Act.
6565 SECTION 4. This Act takes effect September 1, 2021.