Texas 2021 - 87th 2nd C.S.

Texas Senate Bill SB76 Compare Versions

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

Old	New	Differences
1	1	87S20621 GCB-F
2	2	By: Lucio S.B. No. 76
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation and operation of open-enrollment charter
8	8	schools.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, as reenacted
11	11	and amended by H.B. 3607, S.B. 168, S.B. 1365, S.B. 1697, and
12	12	S.B. 2081, Acts of the 87th Legislature, Regular Session, 2021, and
13	13	effective September 1, 2021, is reenacted and amended to read as
14	14	follows:
15	15	(b) An open-enrollment charter school is subject to:
16	16	(1) a provision of this title establishing a criminal
17	17	offense;
18	18	(2) the provisions in Chapter 554, Government Code;
19	19	and
20	20	(3) a prohibition, restriction, or requirement, as
21	21	applicable, imposed by this title or a rule adopted under this
22	22	title, relating to:
23	23	(A) the Public Education Information Management
24	24	System (PEIMS) to the extent necessary to monitor compliance with
25	25	this subchapter as determined by the commissioner;
26	26	(B) criminal history records under Subchapter C,
27	27	Chapter 22;
28	28	(C) reading instruments and accelerated reading
29	29	instruction programs under Section 28.006;
30	30	(D) accelerated instruction under Section
31	31	28.0211;
32	32	(E) high school graduation requirements under
33	33	Section 28.025;
34	34	(F) special education programs under Subchapter
35	35	A, Chapter 29;
36	36	(G) bilingual education under Subchapter B,
37	37	Chapter 29;
38	38	(H) prekindergarten programs under Subchapter E
39	39	or E-1, Chapter 29, except class size limits for prekindergarten
40	40	classes imposed under Section 25.112, which do not apply;
41	41	(I) extracurricular activities under Section
42	42	33.081;
43	43	(J) discipline management practices or behavior
44	44	management techniques under Sections [Section] 37.0021, 37.0023,
45	45	and 37.004;
46	46	(K) health and safety under Chapter 38;
47	47	(L) the provisions of Subchapter A, Chapter 39;
48	48	(M) public school accountability and special
49	49	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
50	50	39, and Chapter 39A;
51	51	(N) the requirement under Section 21.006 to
52	52	report an educator's misconduct;
53	53	(O) intensive programs of instruction under
54	54	Section 28.0213;
55	55	(P) the right of a school employee to report a
56	56	crime, as provided by Section 37.148;
57	57	(Q) bullying prevention policies and procedures
58	58	under Section 37.0832;
59	59	(R) the right of a school under Section 37.0052
60	60	to place a student who has engaged in certain bullying behavior in a
61	61	disciplinary alternative education program or to expel the student;
62	62	(S) the right under Section 37.0151 to report to
63	63	local law enforcement certain conduct constituting assault or
64	64	harassment;
65	65	(T) a parent's right to information regarding the
66	66	provision of assistance for learning difficulties to the parent's
67	67	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
68	68	(U) establishment of residency under Section
69	69	25.001;
70	70	(V) school safety requirements under Sections
71	71	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
72	72	37.207, and 37.2071;
73	73	(W) the early childhood literacy and mathematics
74	74	proficiency plans under Section 11.185;
75	75	(X) the college, career, and military readiness
76	76	plans under Section 11.186; [and]
77	77	(Y) [(X)] parental options to retain a student
78	78	under Section 28.02124;
79	79	(Z) educator certification requirements under
80	80	Chapter 21; and
81	81	(AA) elementary class size limits under Section
82	82	25.112.
83	83	SECTION 2. Section 12.1051, Education Code, is amended by
84	84	adding Subsection (c) to read as follows:
85	85	(c) The governing body of a charter holder and the governing
86	86	body of an open-enrollment charter school shall:
87	87	(1) hold each open meeting within the geographical
88	88	area served by the school; and
89	89	(2) in the manner prescribed by Section 551.128,
90	90	Government Code, broadcast the open meeting over the Internet if
91	91	the school includes campuses that are located in noncontiguous
92	92	municipalities.
93	93	SECTION 3. Section 12.106(a-2), Education Code, is amended
94	94	to read as follows:
95	95	(a-2) In addition to the funding provided by Subsection (a),
96	96	a charter holder is entitled to receive for the open-enrollment
97	97	charter school an allotment per student in average daily attendance
98	98	equal to the allotment under Section 48.101 the charter holder
99	99	would be entitled to under that section if the school were a school
100	100	district [in an amount equal to the difference between:
101	101	[(1) the product of:
102	102	[(A) the quotient of:
103	103	[(i) the total amount of funding provided
104	104	to eligible school districts under Section 48.101(b) or (c); and
105	105	[(ii) the total number of students in
106	106	average daily attendance in school districts that receive an
107	107	allotment under Section 48.101(b) or (c); and
108	108	[(B) the sum of one and the quotient of:
109	109	[(i) the total number of students in
110	110	average daily attendance in school districts that receive an
111	111	allotment under Section 48.101(b) or (c); and
112	112	[(ii) the total number of students in
113	113	average daily attendance in school districts statewide; and
114	114	[(2) $125].
115	115	SECTION 4. Subchapter D, Chapter 12, Education Code, is
116	116	amended by adding Section 12.1072 to read as follows:
117	117	Sec. 12.1072. PROHIBITION AGAINST USE OF STATE FUNDING TO
118	118	PURCHASE, LEASE, OR MAINTAIN AN AIRCRAFT; EXCEPTION. (a) In this
119	119	section, "aircraft" means a self-propelled motor vehicle that can
120	120	be used to transport a person by flight in the air.
121	121	(b) Except as provided by Subsection (c), a charter holder
122	122	may not use funds received under Section 12.106 for the purpose of
123	123	purchasing, leasing, or maintaining an aircraft.
124	124	(c) This section does not prohibit a charter holder from
125	125	purchasing, leasing, or maintaining an aircraft for purposes of an
126	126	agency-approved career and technical education course involving
127	127	aviation or aviation maintenance.
128	128	SECTION 5. Section 12.111, Education Code, is amended by
129	129	amending Subsection (a) and adding Subsection (a-1) to read as
130	130	follows:
131	131	(a) Each charter granted under this subchapter must:
132	132	(1) describe the educational program to be offered,
133	133	which must include the required curriculum as provided by Section
134	134	28.002;
135	135	(2) provide that continuation of the charter is
136	136	contingent on the status of the charter as determined under Section
137	137	12.1141 or 12.115 or under Chapter 39A;
138	138	(3) specify the academic, operational, and financial
139	139	performance expectations by which a school operating under the
140	140	charter will be evaluated, which must include applicable elements
141	141	of the performance frameworks adopted under Section 12.1181;
142	142	(4) specify:
143	143	(A) any basis, in addition to a basis specified
144	144	by this subchapter or Chapter 39A, on which the charter may be
145	145	revoked, renewal of the charter may be denied, or the charter may be
146	146	allowed to expire; and
147	147	(B) the standards for evaluation of a school
148	148	operating under the charter for purposes of charter renewal, denial
149	149	of renewal, expiration, revocation, or other intervention in
150	150	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
151	151	applicable;
152	152	(5) prohibit discrimination in admission policy on the
153	153	basis of sex, national origin, ethnicity, religion, disability,
154	154	eligibility for special education programs under Subchapter A,
155	155	Chapter 29, or bilingual education and special language programs
156	156	under Subchapter B, Chapter 29, discipline history, academic,
157	157	artistic, or athletic ability, or the district the child would
158	158	otherwise attend in accordance with this code, although the charter
159	159	may:
160	160	(A) provide for the exclusion of a student who is
161	161	currently:
162	162	(i) placed in a disciplinary alternative
163	163	education program or a juvenile justice alternative education
164	164	program; or
165	165	(ii) subject to an order of expulsion from a
166	166	school district or open-enrollment charter school [has a documented
167	167	history of a criminal offense, a juvenile court adjudication, or
168	168	discipline problems under Subchapter A, Chapter 37]; and
169	169	(B) provide for an admission policy that requires
170	170	a student to demonstrate artistic ability if the school specializes
171	171	in performing arts;
172	172	(6) specify the grade levels to be offered;
173	173	(7) describe the governing structure of the program,
174	174	including:
175	175	(A) the officer positions designated;
176	176	(B) the manner in which officers are selected and
177	177	removed from office;
178	178	(C) the manner in which members of the governing
179	179	body of the school are selected and removed from office;
180	180	(D) the manner in which vacancies on that
181	181	governing body are filled;
182	182	(E) the term for which members of that governing
183	183	body serve; and
184	184	(F) whether the terms are to be staggered;
185	185	(8) specify the powers or duties of the governing body
186	186	of the school that the governing body may delegate to an officer;
187	187	(9) specify the manner in which the school will
188	188	distribute to parents information related to the qualifications of
189	189	each professional employee of the program, including any
190	190	professional or educational degree held by each employee, a
191	191	statement of any certification under Subchapter B, Chapter 21, held
192	192	by each employee, and any relevant experience of each employee;
193	193	(10) describe the process by which the person
194	194	providing the program will adopt an annual budget;
195	195	(11) describe the manner in which an annual audit of
196	196	the financial and programmatic operations of the program is to be
197	197	conducted, including the manner in which the person providing the
198	198	program will provide information necessary for the school district
199	199	in which the program is located to participate, as required by this
200	200	code or by commissioner rule, in the Public Education Information
201	201	Management System (PEIMS);
202	202	(12) describe the facilities to be used;
203	203	(13) describe the geographical area served by the
204	204	program;
205	205	(14) specify any type of enrollment criteria to be
206	206	used;
207	207	(15) provide information, as determined by the
208	208	commissioner, relating to any management company that will provide
209	209	management services to a school operating under the charter; and
210	210	(16) specify that the governing body of an
211	211	open-enrollment charter school accepts and may not delegate
212	212	ultimate responsibility for the school, including the school's
213	213	academic performance and financial and operational viability, and
214	214	is responsible for overseeing any management company providing
215	215	management services for the school and for holding the management
216	216	company accountable for the school's performance.
217	217	(a-1) Notwithstanding Subsection (a)(5), a charter granted
218	218	under this subchapter may provide for the exclusion of a student
219	219	from an open-enrollment charter school campus that includes a
220	220	child-care facility based on the student's conviction for a
221	221	criminal offense that would preclude the student from being
222	222	admitted to a school district campus that includes a child-care
223	223	facility.
224	224	SECTION 6. Section 12.1141, Education Code, is amended by
225	225	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
226	226	and (b-1) to read as follows:
227	227	(a) The commissioner shall develop and by rule adopt a
228	228	procedure for renewal, denial of renewal, or expiration of a
229	229	charter for an open-enrollment charter school at the end of the term
230	230	of the charter. The procedure must include:
231	231	(1) consideration of the performance under Chapters 39
232	232	and 39A of the charter holder and each campus operating under the
233	233	charter; and
234	234	(2) a determination under Subsection (a-2) of whether
235	235	the charter holder had an excessive number of students transfer
236	236	during the term of the charter.
237	237	(a-1) The procedure developed under Subsection (a) must
238	238	include three distinct processes, which must be expedited renewal,
239	239	discretionary consideration of renewal or denial of renewal, and
240	240	expiration.
241	241	(a-2) The commissioner shall by rule adopt a standard for
242	242	determining whether a charter holder had an excessive number of
243	243	students transfer to schools other than schools operated by the
244	244	charter holder:
245	245	(1) after completing the second grade and before
246	246	entering the third grade; or
247	247	(2) during the 60 days before the date the
248	248	transferring student would be administered an assessment
249	249	instrument under Section 39.023.
250	250	(a-3) To renew a charter at the end of the term, the charter
251	251	holder must submit a petition for renewal to the commissioner in the
252	252	time and manner established by commissioner rule.
253	253	(b-1) The commissioner may deny expedited renewal of a
254	254	charter if, under the standard adopted under Subsection (a-2), the
255	255	commissioner determines that an excessive number of student
256	256	transfers occurred during the term of the charter.
257	257	SECTION 7. Sections 12.1141(b) and (c), Education Code, as
258	258	effective September 1, 2021, are amended to read as follows:
259	259	(b) At the end of the term of a charter for an
260	260	open-enrollment charter school, if a charter holder submits to the
261	261	commissioner a petition for expedited renewal of the charter, the
262	262	charter automatically renews unless, not later than the 30th day
263	263	after the date the charter holder submits the petition, the
264	264	commissioner provides written notice to the charter holder that
265	265	expedited renewal of the charter is denied. Except as provided by
266	266	Subsection (b-1), the [The] commissioner may not deny expedited
267	267	renewal of a charter if:
268	268	(1) the charter holder has been assigned the highest
269	269	or second highest performance rating under Subchapter C, Chapter
270	270	39, for the three preceding school years;
271	271	(2) the charter holder has been assigned a financial
272	272	performance accountability rating under Subchapter D, Chapter 39,
273	273	indicating financial performance that is satisfactory or better for
274	274	the three preceding school years; and
275	275	(3) no campus operating under the charter has been
276	276	assigned an unacceptable performance rating under Subchapter C,
277	277	Chapter 39, for the three preceding school years or such a campus
278	278	has been closed.
279	279	(c) At the end of the term of a charter for an
280	280	open-enrollment charter school, if a charter holder submits to the
281	281	commissioner a petition for renewal of the charter and the charter
282	282	does not meet the criteria for expedited renewal under Subsection
283	283	(b) or for expiration under Subsection (d) or if the commissioner
284	284	denies expedited renewal under Subsection (b-1), the commissioner
285	285	shall use the discretionary consideration process. The
286	286	commissioner's decision under the discretionary consideration
287	287	process must take into consideration the results of annual
288	288	evaluations under the performance frameworks established under
289	289	Section 12.1181. The renewal of the charter of an open-enrollment
290	290	charter school that is registered under the agency's alternative
291	291	education accountability procedures for evaluation under Chapter
292	292	39 shall be considered under the discretionary consideration
293	293	process regardless of the performance ratings under Subchapter C,
294	294	Chapter 39, of the open-enrollment charter school or of any campus
295	295	operating under the charter, except that if the charter holder has
296	296	been assigned a financial accountability performance rating under
297	297	Subchapter D, Chapter 39, indicating financial performance that is
298	298	lower than satisfactory for any three of the five preceding school
299	299	years, the commissioner shall allow the charter to expire under
300	300	Subsection (d). In considering the renewal of the charter of an
301	301	open-enrollment charter school that is registered under the
302	302	agency's alternative education accountability procedures for
303	303	evaluation under Chapter 39, such as a dropout recovery school or a
304	304	school providing education within a residential treatment
305	305	facility, the commissioner shall use academic criteria established
306	306	by commissioner rule that are appropriate to measure the specific
307	307	goals of the school. The criteria established by the commissioner
308	308	shall recognize growth in student achievement as well as
309	309	educational attainment. For purposes of this subsection, the
310	310	commissioner shall designate as a dropout recovery school an
311	311	open-enrollment charter school or a campus of an open-enrollment
312	312	charter school:
313	313	(1) that serves students in grades 9 through 12 and has
314	314	an enrollment of which at least 60 percent of the students are 16
315	315	years of age or older as of September 1 of the school year as
316	316	reported for the fall semester Public Education Information
317	317	Management System (PEIMS) submission; and
318	318	(2) that meets the eligibility requirements for and is
319	319	registered under alternative education accountability procedures
320	320	adopted by the commissioner.
321	321	SECTION 8. Section 12.117, Education Code, is amended by
322	322	adding Subsection (a-1) to read as follows:
323	323	(a-1) An application required under Subsection (a) or any
324	324	communication with the applicant or with the school in which the
325	325	applicant is currently enrolled may not include a request for
326	326	information regarding the applicant's discipline history except
327	327	for a disciplinary action described by Section 12.111(a)(5)(A) or a
328	328	notice of disciplinary action under Section 37.022.
329	329	SECTION 9. Section 12.1211, Education Code, is amended to
330	330	read as follows:
331	331	Sec. 12.1211. INFORMATION REGARDING [NAMES OF] MEMBERS OF
332	332	GOVERNING BODY LISTED ON WEBSITE. An open-enrollment charter
333	333	school shall list the names of the members of the governing body on
334	334	the home page of the school's Internet website and provide
335	335	additional information regarding members of the governing body that
336	336	is easily accessible on the website, including:
337	337	(1) relevant biographical information for each member
338	338	related to employment history and educational experience;
339	339	(2) whether a member has a substantial interest in a
340	340	business entity as described by Section 171.002, Local Government
341	341	Code, and if so, whether that business entity contracts with the
342	342	school;
343	343	(3) the total number of members;
344	344	(4) the manner in which the members are selected as
345	345	described in the school's charter;
346	346	(5) the terms of service of each member on the
347	347	governing body; and
348	348	(6) the total number of years each member has served.
349	349	SECTION 10. The heading to Section 12.131, Education Code,
350	350	is amended to read as follows:
351	351	Sec. 12.131. STUDENT DISCIPLINE [REMOVAL OF STUDENTS TO
352	352	DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM; EXPULSION OF
353	353	STUDENTS].
354	354	SECTION 11. Section 12.131, Education Code, is amended by
355	355	amending Subsection (b) and adding Subsections (b-1), (d), (e), and
356	356	(f) to read as follows:
357	357	(b) An open-enrollment charter school may:
358	358	(1) only suspend a student for a reason identified in
359	359	the school's code of conduct; and
360	360	(2) only [not elect to] expel a student for a reason
361	361	for which expulsion [that] is [not] authorized under Subchapter A,
362	362	Chapter 37, [by Section 37.007] or [specified in] the school's code
363	363	of conduct [as conduct that may result in expulsion].
364	364	(b-1) An open-enrollment charter school's code of conduct
365	365	may not authorize expulsion based on:
366	366	(1) a student's attendance or academic ability or
367	367	performance; or
368	368	(2) acts or omissions of a student's parent or legal
369	369	guardian.
370	370	(d) A suspension under this section may not exceed three
371	371	school days.
372	372	(e) Except as required under Section 37.007(e), a student
373	373	who is younger than 10 years of age may not be expelled for a period
374	374	of more than one school year.
375	375	(f) An employee of an open-enrollment charter school may not
376	376	suggest a student withdraw from the school in lieu of being
377	377	disciplined as provided by the school's code of conduct.
378	378	SECTION 12. Subchapter D, Chapter 12, Education Code, is
379	379	amended by adding Section 12.138 to read as follows:
380	380	Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding
381	381	any other law, the governing body or a member of the governing body
382	382	of an open-enrollment charter school or an employee or contractor
383	383	of an open-enrollment charter school may not use state or local
384	384	funds or other resources of the school to electioneer for or against
385	385	any candidate, measure, or political party.
386	386	SECTION 13. Chapter 255, Election Code, is amended by
387	387	adding Section 255.0011 to read as follows:
388	388	Sec. 255.0011. OPEN-ENROLLMENT CHARTER SCHOOLS. In this
389	389	chapter, "open-enrollment charter school" has the meaning assigned
390	390	by Section 5.001, Education Code.
391	391	SECTION 14. Sections 255.003(a), (b-1), (d), and (e),
392	392	Election Code, are amended to read as follows:
393	393	(a) An officer or employee of a political subdivision or
394	394	open-enrollment charter school may not knowingly spend or authorize
395	395	the spending of public funds for political advertising.
396	396	(b-1) An officer or employee of a political subdivision or
397	397	open-enrollment charter school may not spend or authorize the
398	398	spending of public funds for a communication describing a measure
399	399	if the communication contains information that:
400	400	(1) the officer or employee knows is false; and
401	401	(2) is sufficiently substantial and important as to be
402	402	reasonably likely to influence a voter to vote for or against the
403	403	measure.
404	404	(d) It is an affirmative defense to prosecution for an
405	405	offense under this section or the imposition of a civil penalty for
406	406	conduct under this section that an officer or employee of a
407	407	political subdivision or open-enrollment charter school reasonably
408	408	relied on a court order or an interpretation of this section in a
409	409	written opinion issued by:
410	410	(1) a court of record;
411	411	(2) the attorney general; or
412	412	(3) the commission.
413	413	(e) On written request of the governing body of a political
414	414	subdivision or open-enrollment charter school that has ordered an
415	415	election on a measure, the commission shall prepare an advance
416	416	written advisory opinion as to whether a particular communication
417	417	relating to the measure does or does not comply with this section.
418	418	SECTION 15. Sections 255.0031(a) and (b), Election Code,
419	419	are amended to read as follows:
420	420	(a) An officer or employee of a state agency, [or] political
421	421	subdivision, or open-enrollment charter school may not knowingly
422	422	use or authorize the use of an internal mail system for the
423	423	distribution of political advertising.
424	424	(b) Subsection (a) does not apply to:
425	425	(1) the use of an internal mail system to distribute
426	426	political advertising that is delivered to the premises of a state
427	427	agency, [or] political subdivision, or open-enrollment charter
428	428	school through the United States Postal Service; or
429	429	(2) the use of an internal mail system by a state
430	430	agency or municipality to distribute political advertising that is
431	431	the subject of or related to an investigation, hearing, or other
432	432	official proceeding of the agency or municipality.
433	433	SECTION 16. Section 255.0031(d)(1), Election Code, is
434	434	amended to read as follows:
435	435	(1) "Internal mail system" means a system operated by
436	436	a state agency, [or] political subdivision, or open-enrollment
437	437	charter school to deliver written documents to officers or
438	438	employees of the agency or subdivision.
439	439	SECTION 17. Section 554.001(2), Government Code, is amended
440	440	to read as follows:
441	441	(2) "Local governmental entity" means:
442	442	(A) a political subdivision of the state,
443	443	including a[:
444	444	[(A)] county,[;
445	445	[(B)] municipality,[;
446	446	[(C) public] school district,[;] or
447	447	[(D)] special-purpose district or authority; or
448	448	(B) an open-enrollment charter school.
449	449	SECTION 18. (a) Notwithstanding Section 12.104(b),
450	450	Education Code, as amended by this Act, a person employed by an
451	451	open-enrollment charter school on the effective date of this Act is
452	452	not required to comply with the changes in law made by this Act
453	453	until the beginning of the 2023-2024 school year.
454	454	(b) The change in law made to Section 12.1051, Education
455	455	Code, applies only to an open meeting held on or after the effective
456	456	date of this Act.
457	457	(c) Notwithstanding the effective date of this Act, a
458	458	charter holder that, on the effective date of this Act, owns or
459	459	leases an aircraft in a manner other than as authorized under
460	460	Section 12.1072, Education Code, as added by this Act, must, by a
461	461	date not later than September 1, 2022:
462	462	(1) offer an agency-approved career and technical
463	463	education course involving aviation or aviation maintenance, and
464	464	cease use of the aircraft for any other purpose; or
465	465	(2) sell the aircraft or terminate the lease for the
466	466	aircraft, as applicable.
467	467	SECTION 19. This Act takes effect September 1, 2021, if it
468	468	receives a vote of two-thirds of all the members elected to each
469	469	house, as provided by Section 39, Article III, Texas Constitution.
470	470	If this Act does not receive the vote necessary for effect on that
471	471	date, this Act takes effect on the 91st day after the last day of the
472	472	legislative session.