Texas 2023 - 88th Regular

Texas House Bill HB1098 Compare Versions

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1	1	88R3078 MEW-D
2	2	By: Hinojosa H.B. No. 1098
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the admission policy of an open-enrollment charter
8	8	school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.111, Education Code, is amended by
11	11	amending Subsection (a) and adding Subsection (a-1) to read as
12	12	follows:
13	13	(a) Each charter granted under this subchapter must:
14	14	(1) describe the educational program to be offered,
15	15	which must include the required curriculum as provided by Section
16	16	28.002;
17	17	(2) provide that continuation of the charter is
18	18	contingent on the status of the charter as determined under Section
19	19	12.1141 or 12.115 or under Chapter 39A;
20	20	(3) specify the academic, operational, and financial
21	21	performance expectations by which a school operating under the
22	22	charter will be evaluated, which must include applicable elements
23	23	of the performance frameworks adopted under Section 12.1181;
24	24	(4) specify:
25	25	(A) any basis, in addition to a basis specified
26	26	by this subchapter or Chapter 39A, on which the charter may be
27	27	revoked, renewal of the charter may be denied, or the charter may be
28	28	allowed to expire; and
29	29	(B) the standards for evaluation of a school
30	30	operating under the charter for purposes of charter renewal, denial
31	31	of renewal, expiration, revocation, or other intervention in
32	32	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
33	33	applicable;
34	34	(5) prohibit discrimination in admission policy on the
35	35	basis of sex, national origin, ethnicity, religion, disability,
36	36	discipline history, academic, artistic, or athletic ability, or the
37	37	district the child would otherwise attend in accordance with this
38	38	code, although the charter may:
39	39	(A) provide for the exclusion of a student who is
40	40	currently:
41	41	(i) placed in a disciplinary alternative
42	42	education program or a juvenile justice alternative education
43	43	program; or
44	44	(ii) subject to an order of expulsion from a
45	45	school district or open-enrollment charter school [has a documented
46	46	history of a criminal offense, a juvenile court adjudication, or
47	47	discipline problems under Subchapter A, Chapter 37]; and
48	48	(B) provide for an admission policy that requires
49	49	a student to demonstrate artistic ability if the school specializes
50	50	in performing arts;
51	51	(6) specify the grade levels to be offered;
52	52	(7) describe the governing structure of the program,
53	53	including:
54	54	(A) the officer positions designated;
55	55	(B) the manner in which officers are selected and
56	56	removed from office;
57	57	(C) the manner in which members of the governing
58	58	body of the school are selected and removed from office;
59	59	(D) the manner in which vacancies on that
60	60	governing body are filled;
61	61	(E) the term for which members of that governing
62	62	body serve; and
63	63	(F) whether the terms are to be staggered;
64	64	(8) specify the powers or duties of the governing body
65	65	of the school that the governing body may delegate to an officer;
66	66	(9) specify the manner in which the school will
67	67	distribute to parents information related to the qualifications of
68	68	each professional employee of the program, including any
69	69	professional or educational degree held by each employee, a
70	70	statement of any certification under Subchapter B, Chapter 21, held
71	71	by each employee, and any relevant experience of each employee;
72	72	(10) describe the process by which the person
73	73	providing the program will adopt an annual budget;
74	74	(11) describe the manner in which an annual audit of
75	75	the financial and programmatic operations of the program is to be
76	76	conducted, including the manner in which the person providing the
77	77	program will provide information necessary for the school district
78	78	in which the program is located to participate, as required by this
79	79	code or by commissioner rule, in the Public Education Information
80	80	Management System (PEIMS);
81	81	(12) describe the facilities to be used;
82	82	(13) describe the geographical area served by the
83	83	program;
84	84	(14) specify any type of enrollment criteria to be
85	85	used;
86	86	(15) provide information, as determined by the
87	87	commissioner, relating to any management company that will provide
88	88	management services to a school operating under the charter; and
89	89	(16) specify that the governing body of an
90	90	open-enrollment charter school accepts and may not delegate
91	91	ultimate responsibility for the school, including the school's
92	92	academic performance and financial and operational viability, and
93	93	is responsible for overseeing any management company providing
94	94	management services for the school and for holding the management
95	95	company accountable for the school's performance.
96	96	(a-1) Notwithstanding Subsection (a)(5), a charter granted
97	97	under this subchapter may provide for the exclusion of a student
98	98	from an open-enrollment charter school campus that includes a
99	99	child-care facility based on the student's conviction for a
100	100	criminal offense that would preclude the student from being
101	101	admitted to a school district campus that includes a child-care
102	102	facility.
103	103	SECTION 2. This Act applies beginning with the 2023-2024
104	104	school year.
105	105	SECTION 3. This Act takes effect immediately if it receives
106	106	a vote of two-thirds of all the members elected to each house, as
107	107	provided by Section 39, Article III, Texas Constitution. If this
108	108	Act does not receive the vote necessary for immediate effect, this
109	109	Act takes effect September 1, 2023.