1 | 1 | | 87R6555 ANG-F |
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2 | 2 | | By: Rodriguez H.B. No. 4006 |
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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 the locations at which a new open-enrollment charter |
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8 | 8 | | school or campus may be established. |
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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 12.101(b-4), Education Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (b-4) Notwithstanding Section 12.114, approval of the |
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13 | 13 | | commissioner under that section is not required for establishment |
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14 | 14 | | of a new open-enrollment charter school campus if the requirements |
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15 | 15 | | of this subsection are satisfied. A charter holder having an |
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16 | 16 | | accreditation status of accredited and at least 50 percent of its |
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17 | 17 | | student population in grades assessed under Subchapter B, Chapter |
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18 | 18 | | 39, or at least 50 percent of the students in the grades assessed |
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19 | 19 | | having been enrolled in the school for at least three school years |
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20 | 20 | | may establish one or more new campuses under an existing charter |
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21 | 21 | | held by the charter holder if: |
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22 | 22 | | (1) the charter holder is currently evaluated under |
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23 | 23 | | the standard accountability procedures for evaluation under |
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24 | 24 | | Chapter 39 and received a district rating in the highest or second |
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25 | 25 | | highest performance rating category under Subchapter C, Chapter 39, |
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26 | 26 | | for three of the last five years with at least 75 percent of the |
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27 | 27 | | campuses rated under the charter also receiving a rating in the |
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28 | 28 | | highest or second highest performance rating category and with no |
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29 | 29 | | campus with a rating in the lowest performance rating category in |
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30 | 30 | | the most recent ratings; |
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31 | 31 | | (2) the new campus will not be located within five |
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32 | 32 | | miles of a school district's or open-enrollment charter school's |
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33 | 33 | | campus that is assigned an overall performance rating of B or higher |
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34 | 34 | | under Section 39.054 for the preceding school year; |
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35 | 35 | | (3) the charter holder provides written notice to the |
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36 | 36 | | commissioner of the establishment of any campus under this |
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37 | 37 | | subsection in the time, manner, and form provided by rule of the |
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38 | 38 | | commissioner; and |
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39 | 39 | | (4) [(3)] not later than the 60th day after the date |
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40 | 40 | | the charter holder provides written notice under Subdivision (3) |
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41 | 41 | | [(2)], the commissioner does not provide written notice to the |
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42 | 42 | | charter holder that the commissioner has determined that the |
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43 | 43 | | charter holder does not satisfy the requirements of this section. |
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44 | 44 | | SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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45 | 45 | | amended by adding Section 12.1152 to read as follows: |
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46 | 46 | | Sec. 12.1152. LOCATION OF CERTAIN OPEN-ENROLLMENT CHARTER |
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47 | 47 | | SCHOOLS. Notwithstanding any other provision of this subchapter, |
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48 | 48 | | the commissioner may not grant a charter for an open-enrollment |
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49 | 49 | | charter school under this subchapter or approve a request for an |
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50 | 50 | | expansion amendment to establish a new open-enrollment charter |
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51 | 51 | | school campus under Section 12.114 for a school or campus that would |
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52 | 52 | | be located within five miles of a school district's or |
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53 | 53 | | open-enrollment charter school's campus that is assigned an overall |
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54 | 54 | | performance rating of B or higher under Section 39.054 for the |
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55 | 55 | | preceding school year. |
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56 | 56 | | SECTION 3. (a) Section 12.101(b-4), Education Code, as |
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57 | 57 | | amended by this Act, applies only to a new open-enrollment charter |
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58 | 58 | | school campus established on or after the effective date of this |
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59 | 59 | | Act. |
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60 | 60 | | (b) Section 12.1152, Education Code, as added by this Act, |
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61 | 61 | | applies only to an application for a charter for an open-enrollment |
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62 | 62 | | charter school or a request for approval of an expansion amendment |
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63 | 63 | | to establish a new open-enrollment charter school campus submitted |
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64 | 64 | | on or after the effective date of this Act. |
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65 | 65 | | SECTION 4. This Act takes effect September 1, 2021. |
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