Texas 2021 - 87th Regular

Texas House Bill HB97 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R18553~~ MEW-D
	1	+	87R260 MEW-D
2	2		By: Hinojosa H.B. No. 97
3		-	Substitute the following for H.B. No. 97:
4		-	By: Dutton C.S.H.B. No. 97
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the admission policy of an open-enrollment charter
10	8		school.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 12.111, Education Code, is amended by
13	11		amending Subsection (a) and adding Subsection (a-1) to read as
14	12		follows:
15	13		(a) Each charter granted under this subchapter must:
16	14		(1) describe the educational program to be offered,
17	15		which must include the required curriculum as provided by Section
18	16		28.002;
19	17		(2) provide that continuation of the charter is
20	18		contingent on the status of the charter as determined under Section
21	19		12.1141 or 12.115 or under Chapter 39A;
22	20		(3) specify the academic, operational, and financial
23	21		performance expectations by which a school operating under the
24	22		charter will be evaluated, which must include applicable elements
25	23		of the performance frameworks adopted under Section 12.1181;
26	24		(4) specify:
27	25		(A) any basis, in addition to a basis specified
28	26		by this subchapter or Chapter 39A, on which the charter may be
29	27		revoked, renewal of the charter may be denied, or the charter may be
30	28		allowed to expire; and
31	29		(B) the standards for evaluation of a school
32	30		operating under the charter for purposes of charter renewal, denial
33	31		of renewal, expiration, revocation, or other intervention in
34	32		accordance with Section 12.1141 or 12.115 or Chapter 39A, as
35	33		applicable;
36	34		(5) prohibit discrimination in admission policy on the
37	35		basis of sex, national origin, ethnicity, religion, disability,
38	36		discipline history, academic, artistic, or athletic ability, or the
39	37		district the child would otherwise attend in accordance with this
40	38		code, although the charter may:
41	39		(A) provide for the exclusion of a student who is
42	40		currently:
43	41		(i) placed in a disciplinary alternative
44	42		education program or a juvenile justice alternative education
45	43		program; or
46	44		(ii) subject to an order of expulsion from a
47	45		school district or open-enrollment charter school [has a documented
48	46		history of a criminal offense, a juvenile court adjudication, or
49	47		discipline problems under Subchapter A, Chapter 37]; and
50	48		(B) provide for an admission policy that requires
51	49		a student to demonstrate artistic ability if the school specializes
52	50		in performing arts;
53	51		(6) specify the grade levels to be offered;
54	52		(7) describe the governing structure of the program,
55	53		including:
56	54		(A) the officer positions designated;
57	55		(B) the manner in which officers are selected and
58	56		removed from office;
59	57		(C) the manner in which members of the governing
60	58		body of the school are selected and removed from office;
61	59		(D) the manner in which vacancies on that
62	60		governing body are filled;
63	61		(E) the term for which members of that governing
64	62		body serve; and
65	63		(F) whether the terms are to be staggered;
66	64		(8) specify the powers or duties of the governing body
67	65		of the school that the governing body may delegate to an officer;
68	66		(9) specify the manner in which the school will
69	67		distribute to parents information related to the qualifications of
70	68		each professional employee of the program, including any
71	69		professional or educational degree held by each employee, a
72	70		statement of any certification under Subchapter B, Chapter 21, held
73	71		by each employee, and any relevant experience of each employee;
74	72		(10) describe the process by which the person
75	73		providing the program will adopt an annual budget;
76	74		(11) describe the manner in which an annual audit of
77	75		the financial and programmatic operations of the program is to be
78	76		conducted, including the manner in which the person providing the
79	77		program will provide information necessary for the school district
80	78		in which the program is located to participate, as required by this
81	79		code or by commissioner rule, in the Public Education Information
82	80		Management System (PEIMS);
83	81		(12) describe the facilities to be used;
84	82		(13) describe the geographical area served by the
85	83		program;
86	84		(14) specify any type of enrollment criteria to be
87	85		used;
88	86		(15) provide information, as determined by the
89	87		commissioner, relating to any management company that will provide
90	88		management services to a school operating under the charter; and
91	89		(16) specify that the governing body of an
92	90		open-enrollment charter school accepts and may not delegate
93	91		ultimate responsibility for the school, including the school's
94	92		academic performance and financial and operational viability, and
95	93		is responsible for overseeing any management company providing
96	94		management services for the school and for holding the management
97	95		company accountable for the school's performance.
98	96		(a-1) Notwithstanding Subsection (a)(5), a charter granted
99	97		under this subchapter may provide for the exclusion of a student
100	98		from an open-enrollment charter school campus that includes a
101	99		child-care facility based on the student's conviction for a
102	100		criminal offense that would preclude the student from being
103	101		admitted to a school district campus that includes a child-care
104	102		facility.
105		-	SECTION 2. This Act applies beginning with the 2021-2022
	103	+	SECTION 2. Section 12.117, Education Code, is amended by
	104	+	adding Subsection (a-1) to read as follows:
	105	+	(a-1) Any communication with the applicant or with the
	106	+	school in which the applicant is currently enrolled may not include
	107	+	a request for information regarding the applicant's discipline
	108	+	history except for a disciplinary action described by Section
	109	+	12.111(a)(5)(A) or a notice of disciplinary action under Section
	110	+	37.022.
	111	+	SECTION 3. Section 12.1173(b), Education Code, is amended
	112	+	to read as follows:
	113	+	(b) The form adopted under this section may not:
	114	+	(1) advertise or otherwise promote any person or
	115	+	open-enrollment charter school; [or]
	116	+	(2) solicit money, goods, or services from an
	117	+	applicant; or
	118	+	(3) include a request for information regarding the
	119	+	applicant's discipline history except for a disciplinary action
	120	+	described by Section 12.111(a)(5)(A) or a notice of disciplinary
	121	+	action under Section 37.022.
	122	+	SECTION 4. This Act applies beginning with the 2021-2022
106	123		school year.
107		-	SECTION 3. This Act takes effect immediately if it receives
	124	+	SECTION 5. This Act takes effect immediately if it receives
108	125		a vote of two-thirds of all the members elected to each house, as
109	126		provided by Section 39, Article III, Texas Constitution. If this
110	127		Act does not receive the vote necessary for immediate effect, this
111	128		Act takes effect September 1, 2021.