88R7317 CXP-D
By: Dean H.B. No. 4293
A BILL TO BE ENTITLED
AN ACT
relating to applications for the establishment of certain new
open-enrollment charter school campuses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101(b-4), Education Code, is amended
to read as follows:
(b-4) Notwithstanding Section 12.114, approval of the
commissioner under that section is not required for establishment
of a new open-enrollment charter school campus if the requirements
of this subsection are satisfied. This subsection does not apply to
the establishment of a new open-enrollment charter school campus
for which an application is required to be submitted under Section
12.1142. A charter holder having an accreditation status of
accredited and at least 50 percent of its student population in
grades assessed under Subchapter B, Chapter 39, or at least 50
percent of the students in the grades assessed having been enrolled
in the school for at least three school years may establish one or
more new campuses under an existing charter held by the charter
holder if:
(1) the charter holder is currently evaluated under
the standard accountability procedures for evaluation under
Chapter 39 and received a district rating in the highest or second
highest performance rating category under Subchapter C, Chapter 39,
for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the
highest or second highest performance rating category and with no
campus with a rating in the lowest performance rating category in
the most recent ratings;
(2) the charter holder provides written notice to the
commissioner of the establishment of any campus under this
subsection in the time, manner, and form provided by rule of the
commissioner; and
(3) not later than the 60th day after the date the
charter holder provides written notice under Subdivision (2), the
commissioner does not provide written notice to the charter holder
that the commissioner has determined that the charter holder does
not satisfy the requirements of this section.
SECTION 2. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a
procedure for providing notice to the following persons on receipt
by the commissioner of an application for a charter for an
open-enrollment charter school under Section 12.110, [or of] notice
of the establishment of a campus as authorized under Section
12.101(b-4), or an application for the establishment of a campus
under Section 12.1142:
(1) the superintendent and the board of trustees of
each school district from which the proposed open-enrollment
charter school or campus is likely to draw students, as determined
by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school or campus, as
determined by the commissioner.
SECTION 3. Section 12.114, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) Subject to Subsection (c-1), not [Not] later than the
60th day after the date that a charter holder submits to the
commissioner a completed request for approval for an expansion
amendment, as defined by commissioner rule, including a new school
amendment, the commissioner shall provide to the charter holder
written notice of approval or disapproval of the amendment.
(c-1) This section does not apply to an application for the
establishment of a new open-enrollment charter school campus
required to be submitted to the commissioner under Section 12.1142.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1142 to read as follows:
Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF CERTAIN NEW
OPEN-ENROLLMENT CHARTER SCHOOL CAMPUSES. (a) A charter holder
that seeks to establish a new open-enrollment charter school campus
in the attendance zone of a school district in which the charter
holder does not currently operate a campus must submit to the
commissioner an application to establish the campus as provided by
this section. The application may be submitted up to 18 months
before the date on which the campus is anticipated to open.
(b) The commissioner shall notify the State Board of
Education of each application the commissioner proposes to approve
under this section. Unless, before the 90th day after the date on
which the board receives the notice from the commissioner, a
majority of the members of the board present and voting vote against
the approval of the application, the application is approved.
SECTION 5. The changes in law made by this Act apply
beginning with the establishment of a new open-enrollment charter
school campus described by Section 12.1142, Education Code, as
added by this Act, that is anticipated to open for the 2025-2026
school year.
SECTION 6. This Act takes effect September 1, 2023.