| 1 | 1 | | 88R361 CAE-F |
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| 2 | 2 | | By: Bernal H.B. No. 263 |
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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 requirements for the revision of a charter for an |
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| 8 | 8 | | open-enrollment charter school. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 12.1101, Education Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR |
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| 13 | 13 | | ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a |
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| 14 | 14 | | procedure for providing notice to the following persons on receipt |
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| 15 | 15 | | by the commissioner of an application for a charter for an |
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| 16 | 16 | | open-enrollment charter school under Section 12.110 [or of notice |
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| 17 | 17 | | of the establishment of a campus as authorized under Section |
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| 18 | 18 | | 12.101(b-4)]: |
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| 19 | 19 | | (1) the superintendent and the board of trustees of |
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| 20 | 20 | | each school district from which the proposed open-enrollment |
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| 21 | 21 | | charter school or campus is likely to draw students, as determined |
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| 22 | 22 | | by the commissioner; and |
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| 23 | 23 | | (2) each member of the legislature that represents the |
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| 24 | 24 | | geographic area to be served by the proposed school or campus, as |
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| 25 | 25 | | determined by the commissioner. |
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| 26 | 26 | | SECTION 2. Section 12.114, Education Code, is amended to |
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| 27 | 27 | | read as follows: |
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| 28 | 28 | | Sec. 12.114. REVISION. (a) A revision of a charter of an |
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| 29 | 29 | | open-enrollment charter school that is not an expansion revision |
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| 30 | 30 | | may be made only with the approval of the commissioner. An |
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| 31 | 31 | | expansion revision, as defined by commissioner rule, may be made |
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| 32 | 32 | | only in the manner provided by this section. |
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| 33 | 33 | | (b) Not more than once during each biennium [each year], an |
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| 34 | 34 | | open-enrollment charter school may request approval of an expansion |
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| 35 | 35 | | amendment to: |
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| 36 | 36 | | (1) increase [to revise] the maximum allowable student |
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| 37 | 37 | | enrollment described by the school's charter; |
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| 38 | 38 | | (2) add a new campus or site; |
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| 39 | 39 | | (3) relocate an existing campus or site more than five |
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| 40 | 40 | | miles from the current location; |
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| 41 | 41 | | (4) extend the grade levels described by the school's |
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| 42 | 42 | | charter; or |
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| 43 | 43 | | (5) expand the geographic boundaries described by the |
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| 44 | 44 | | school's charter. |
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| 45 | 45 | | (c) A [Not later than the 60th day after the date that a] |
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| 46 | 46 | | charter holder shall submit [submits] to the commissioner a |
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| 47 | 47 | | completed request for approval for an expansion amendment. A |
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| 48 | 48 | | request for approval submitted under this section must include |
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| 49 | 49 | | information needed for an evaluation of the charter holder as |
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| 50 | 50 | | provided by Subsection (d). |
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| 51 | 51 | | (d) The commissioner shall thoroughly review a request for |
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| 52 | 52 | | approval for an expansion amendment and ensure approval of the |
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| 53 | 53 | | request is in the best interest of all students in the state. The |
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| 54 | 54 | | commissioner may not approve a request if during each of the two |
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| 55 | 55 | | years preceding the date of the request the open-enrollment charter |
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| 56 | 56 | | school has not served the lesser of: |
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| 57 | 57 | | (1) the state average of students eligible to receive |
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| 58 | 58 | | services under Subchapter A, Chapter 29; or |
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| 59 | 59 | | (2) the average of students eligible to receive |
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| 60 | 60 | | services under Subchapter A, Chapter 29, in the largest school |
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| 61 | 61 | | district in which the charter school operates a campus. |
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| 62 | 62 | | (e) The commissioner may not waive the requirements of |
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| 63 | 63 | | Subsection (d). |
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| 64 | 64 | | (f) The [, as defined by commissioner rule, including a new |
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| 65 | 65 | | school amendment, the] commissioner shall provide to the charter |
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| 66 | 66 | | holder written notice of approval or disapproval of an [the] |
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| 67 | 67 | | amendment requested under this section. |
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| 68 | 68 | | (g) [(d)] A charter holder may submit a request for approval |
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| 69 | 69 | | for an expansion amendment up to 18 months before the date on which |
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| 70 | 70 | | the expansion will be effective. A request for approval of an |
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| 71 | 71 | | expansion amendment does not obligate the charter holder to |
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| 72 | 72 | | complete the proposed expansion. |
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| 73 | 73 | | SECTION 3. Sections 12.101(b-4) and (b-10), Education Code, |
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| 74 | 74 | | are repealed. |
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| 75 | 75 | | SECTION 4. The changes in law made by this Act apply only to |
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| 76 | 76 | | a request for approval of a revision to the charter of an |
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| 77 | 77 | | open-enrollment charter school submitted on or after the effective |
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| 78 | 78 | | date of this Act. |
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| 79 | 79 | | SECTION 5. This Act takes effect September 1, 2023. |
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