Texas 2023 - 88th Regular

Texas House Bill HB4293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R7317 CXP-D
2	2	By: Dean H.B. No. 4293
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to applications for the establishment of certain new
8	8	open-enrollment charter school campuses.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.101(b-4), Education Code, is amended
11	11	to read as follows:
12	12	(b-4) Notwithstanding Section 12.114, approval of the
13	13	commissioner under that section is not required for establishment
14	14	of a new open-enrollment charter school campus if the requirements
15	15	of this subsection are satisfied. This subsection does not apply to
16	16	the establishment of a new open-enrollment charter school campus
17	17	for which an application is required to be submitted under Section
18	18	12.1142. A charter holder having an accreditation status of
19	19	accredited and at least 50 percent of its student population in
20	20	grades assessed under Subchapter B, Chapter 39, or at least 50
21	21	percent of the students in the grades assessed having been enrolled
22	22	in the school for at least three school years may establish one or
23	23	more new campuses under an existing charter held by the charter
24	24	holder if:
25	25	(1) the charter holder is currently evaluated under
26	26	the standard accountability procedures for evaluation under
27	27	Chapter 39 and received a district rating in the highest or second
28	28	highest performance rating category under Subchapter C, Chapter 39,
29	29	for three of the last five years with at least 75 percent of the
30	30	campuses rated under the charter also receiving a rating in the
31	31	highest or second highest performance rating category and with no
32	32	campus with a rating in the lowest performance rating category in
33	33	the most recent ratings;
34	34	(2) the charter holder provides written notice to the
35	35	commissioner of the establishment of any campus under this
36	36	subsection in the time, manner, and form provided by rule of the
37	37	commissioner; and
38	38	(3) not later than the 60th day after the date the
39	39	charter holder provides written notice under Subdivision (2), the
40	40	commissioner does not provide written notice to the charter holder
41	41	that the commissioner has determined that the charter holder does
42	42	not satisfy the requirements of this section.
43	43	SECTION 2. Section 12.1101, Education Code, is amended to
44	44	read as follows:
45	45	Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
46	46	ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a
47	47	procedure for providing notice to the following persons on receipt
48	48	by the commissioner of an application for a charter for an
49	49	open-enrollment charter school under Section 12.110, [or of] notice
50	50	of the establishment of a campus as authorized under Section
51	51	12.101(b-4), or an application for the establishment of a campus
52	52	under Section 12.1142:
53	53	(1) the superintendent and the board of trustees of
54	54	each school district from which the proposed open-enrollment
55	55	charter school or campus is likely to draw students, as determined
56	56	by the commissioner; and
57	57	(2) each member of the legislature that represents the
58	58	geographic area to be served by the proposed school or campus, as
59	59	determined by the commissioner.
60	60	SECTION 3. Section 12.114, Education Code, is amended by
61	61	amending Subsection (c) and adding Subsection (c-1) to read as
62	62	follows:
63	63	(c) Subject to Subsection (c-1), not [Not] later than the
64	64	60th day after the date that a charter holder submits to the
65	65	commissioner a completed request for approval for an expansion
66	66	amendment, as defined by commissioner rule, including a new school
67	67	amendment, the commissioner shall provide to the charter holder
68	68	written notice of approval or disapproval of the amendment.
69	69	(c-1) This section does not apply to an application for the
70	70	establishment of a new open-enrollment charter school campus
71	71	required to be submitted to the commissioner under Section 12.1142.
72	72	SECTION 4. Subchapter D, Chapter 12, Education Code, is
73	73	amended by adding Section 12.1142 to read as follows:
74	74	Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF CERTAIN NEW
75	75	OPEN-ENROLLMENT CHARTER SCHOOL CAMPUSES. (a) A charter holder
76	76	that seeks to establish a new open-enrollment charter school campus
77	77	in the attendance zone of a school district in which the charter
78	78	holder does not currently operate a campus must submit to the
79	79	commissioner an application to establish the campus as provided by
80	80	this section. The application may be submitted up to 18 months
81	81	before the date on which the campus is anticipated to open.
82	82	(b) The commissioner shall notify the State Board of
83	83	Education of each application the commissioner proposes to approve
84	84	under this section. Unless, before the 90th day after the date on
85	85	which the board receives the notice from the commissioner, a
86	86	majority of the members of the board present and voting vote against
87	87	the approval of the application, the application is approved.
88	88	SECTION 5. The changes in law made by this Act apply
89	89	beginning with the establishment of a new open-enrollment charter
90	90	school campus described by Section 12.1142, Education Code, as
91	91	added by this Act, that is anticipated to open for the 2025-2026
92	92	school year.
93	93	SECTION 6. This Act takes effect September 1, 2023.