Texas 2021 - 87th Regular

Texas House Bill HB438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R1595 CAE-F
2	2	By: Goodwin H.B. No. 438
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the requirements for a request for the revision of a
8	8	charter for an open-enrollment charter school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.1101, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR
13	13	ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a
14	14	procedure for providing notice to the following persons on receipt
15	15	by the commissioner of an application for a charter for an
16	16	open-enrollment charter school under Section 12.110 [or of notice
17	17	of the establishment of a campus as authorized under Section
18	18	12.101(b-4)]:
19	19	(1) the superintendent and the board of trustees of
20	20	each school district from which the proposed open-enrollment
21	21	charter school or campus is likely to draw students, as determined
22	22	by the commissioner; and
23	23	(2) each member of the legislature that represents the
24	24	geographic area to be served by the proposed school or campus, as
25	25	determined by the commissioner.
26	26	SECTION 2. Section 12.114, Education Code, is amended to
27	27	read as follows:
28	28	Sec. 12.114. REVISION. (a) A revision of a charter of an
29	29	open-enrollment charter school that is not an expansion revision
30	30	may be made only with the approval of the commissioner. An
31	31	expansion revision, as defined by commissioner rule, may be made
32	32	only in the manner provided by this section.
33	33	(b) Not more than once during each biennium [each year], an
34	34	open-enrollment charter school may request approval of an expansion
35	35	amendment to:
36	36	(1) increase [to revise] the maximum allowable student
37	37	enrollment described by the school's charter;
38	38	(2) add a new campus or site;
39	39	(3) extend the grade levels described by the school's
40	40	charter; or
41	41	(4) expand the geographic boundaries described by the
42	42	school's charter.
43	43	(c) A [Not later than the 60th day after the date that a]
44	44	charter holder shall submit [submits] to the commissioner a
45	45	completed request for approval for an expansion amendment[, as
46	46	defined by commissioner rule, including a new school amendment,]
47	47	that identifies the zip code of any new campus or site and each
48	48	school district from which the charter school intends to enroll
49	49	additional students and that estimates, in the manner provided by
50	50	commissioner rule, the additional cost to the state. The
51	51	commissioner shall publicly post the request for approval for an
52	52	expansion amendment not later than the 10th business day after the
53	53	date the charter holder submits the request.
54	54	(d) The commissioner shall thoroughly review a request for
55	55	approval for an expansion amendment and, for each expansion
56	56	amendment the commissioner proposes to approve, report to the State
57	57	Board of Education:
58	58	(1) whether during the five years preceding the date
59	59	of the request the charter holder and open-enrollment charter
60	60	school have complied with every financial, governing, educational,
61	61	and operational standard adopted by the commissioner and specify in
62	62	detail each element of noncompliance;
63	63	(2) whether the open-enrollment charter school serves
64	64	the state average of students eligible to receive services under
65	65	Subchapter A, Chapter 29, or students of limited English
66	66	proficiency and whether each campus of the charter school serves
67	67	and is staffed to serve a percentage of those students proportional
68	68	to each school district campus within a three-mile radius of the
69	69	campus;
70	70	(3) the potential revenue loss for each affected
71	71	school district for the next 10 years under the proposed expansion;
72	72	and
73	73	(4) the additional estimated cost to the state for the
74	74	next 10 years under the proposed expansion amendment.
75	75	(e) Unless, before the 90th day after the date on which the
76	76	State Board of Education receives the notice from the commissioner,
77	77	a majority of the members of the board present and voting vote
78	78	against the expansion amendment, the commissioner's proposal to
79	79	approve the expansion amendment takes effect.
80	80	(f) The commissioner shall include in the agency's budget
81	81	request submitted to the Legislative Budget Board and the budget
82	82	division of the governor's office a specific item that details the
83	83	additional cost to the state, as estimated under Subsection (d)(4),
84	84	for each approved expansion amendment.
85	85	(g) The [the] commissioner shall provide to the charter
86	86	holder written notice of approval or disapproval of an [the]
87	87	amendment requested under this section.
88	88	(h) [(d)] A charter holder may submit a request for approval
89	89	for an expansion amendment up to 18 months before the date on which
90	90	the expansion will be effective. A request for approval of an
91	91	expansion amendment does not obligate the charter holder to
92	92	complete the proposed expansion.
93	93	SECTION 3. Section 12.101(b-4), Education Code, is
94	94	repealed.
95	95	SECTION 4. The changes in law made by this Act apply only to
96	96	a request for approval of a revision to the charter of an
97	97	open-enrollment charter school submitted on or after the effective
98	98	date of this Act.
99	99	SECTION 5. This Act takes effect September 1, 2021.