1 | 1 | | 87R2891 KJE-D |
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2 | 2 | | By: González of El Paso H.B. No. 450 |
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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 establishment of a new open-enrollment charter |
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8 | 8 | | school or campus and to the expansion of an open-enrollment charter |
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9 | 9 | | school. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Section 12.101(b-10), Education Code, is amended |
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12 | 12 | | to read as follows: |
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13 | 13 | | (b-10) The commissioner by rule shall require [allow] a |
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14 | 14 | | charter holder to provide written notice of the establishment of a |
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15 | 15 | | new open-enrollment charter school campus under Subsection |
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16 | 16 | | (b-4)(2) at least [up to] 18 months before the date on which the |
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17 | 17 | | campus is anticipated to open. Notice provided to the commissioner |
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18 | 18 | | under this section does not obligate the charter holder to open a |
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19 | 19 | | new campus. |
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20 | 20 | | SECTION 2. Section 12.1101, Education Code, is amended to |
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21 | 21 | | read as follows: |
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22 | 22 | | Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
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23 | 23 | | ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a |
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24 | 24 | | procedure for providing notice to the following persons on receipt |
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25 | 25 | | by the commissioner of an application for a charter for an |
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26 | 26 | | open-enrollment charter school under Section 12.110, [or of] notice |
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27 | 27 | | of the establishment of a campus as authorized under Section |
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28 | 28 | | 12.101(b-4), or a request for approval for an expansion amendment |
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29 | 29 | | to establish a new campus submitted under Section 12.114: |
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30 | 30 | | (1) the superintendent and the board of trustees of |
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31 | 31 | | each school district from which the proposed open-enrollment |
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32 | 32 | | charter school or campus is likely to draw students, as determined |
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33 | 33 | | by the commissioner; and |
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34 | 34 | | (2) each member of the legislature that represents the |
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35 | 35 | | geographic area to be served by the proposed school or campus, as |
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36 | 36 | | determined by the commissioner. |
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37 | 37 | | SECTION 3. Section 12.114, Education Code, is amended by |
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38 | 38 | | amending Subsections (c) and (d) and adding Subsection (e) to read |
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39 | 39 | | as follows: |
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40 | 40 | | (c) Not later than the 30th [60th] day after the date that a |
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41 | 41 | | charter holder submits to the commissioner a completed request for |
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42 | 42 | | approval for an expansion amendment, as defined by commissioner |
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43 | 43 | | rule, including a new school amendment, the commissioner shall |
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44 | 44 | | provide to the charter holder written notice of approval or |
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45 | 45 | | disapproval of the amendment. |
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46 | 46 | | (d) A charter holder: |
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47 | 47 | | (1) shall submit a request for approval for an |
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48 | 48 | | expansion amendment to establish a new campus at least 18 months |
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49 | 49 | | before the date on which the campus is anticipated to open; and |
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50 | 50 | | (2) may submit a request for approval for an expansion |
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51 | 51 | | amendment not described by Subdivision (1) up to 18 months before |
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52 | 52 | | the date on which the expansion will be effective. |
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53 | 53 | | (e) The submission of a [A] request for approval for [of] an |
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54 | 54 | | expansion amendment does not obligate the charter holder to |
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55 | 55 | | complete the proposed expansion. |
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56 | 56 | | SECTION 4. Sections 12.101 and 12.114, Education Code, as |
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57 | 57 | | amended by this Act, apply only to a notice of the establishment of |
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58 | 58 | | an open-enrollment charter school campus or a request for approval |
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59 | 59 | | for an expansion amendment, as applicable, submitted on or after |
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60 | 60 | | the effective date of this Act. |
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61 | 61 | | SECTION 5. Section 12.1101, Education Code, as amended by |
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62 | 62 | | this Act, applies beginning with a new open-enrollment charter |
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63 | 63 | | school or campus that is anticipated to open for the 2023-2024 |
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64 | 64 | | school year. |
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65 | 65 | | SECTION 6. This Act takes effect immediately if it receives |
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66 | 66 | | a vote of two-thirds of all the members elected to each house, as |
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67 | 67 | | provided by Section 39, Article III, Texas Constitution. If this |
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68 | 68 | | Act does not receive the vote necessary for immediate effect, this |
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69 | 69 | | Act takes effect September 1, 2021. |
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