Texas 2023 - 88th Regular

Texas House Bill HB4977 Compare Versions

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1	1	88R17640 TYPED
2	2	By: Klick H.B. No. 4977
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the operation of open-enrollment charter schools,
8	8	including enrollment procedures and the applicability of certain
9	9	laws to open-enrollment charter schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Section 12.117, Education Code,
12	12	is amended to read as follows:
13	13	Sec. 12.117. ADMISSION AND ENROLLMENT.
14	14	SECTION 2. Section 12.117, Education Code, is amended by
15	15	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
16	16	and (b-1) to read as follows:
17	17	(a) For admission and enrollment to an open-enrollment
18	18	charter school, the governing body of the school shall:
19	19	(1) require the applicant to complete and submit the
20	20	common admission application form described by Section 12.1173 not
21	21	later than a reasonable deadline the school establishes; and
22	22	(2) on receipt of more acceptable applications for
23	23	admission under this section than available positions in a grade
24	24	level or campus [the school]:
25	25	(A) fill the available positions by lottery; or
26	26	(B) subject to Subsection (b), fill the available
27	27	positions in the order in which applications received before the
28	28	application deadline were received.
29	29	(a-1) An open-enrollment charter school that fills
30	30	available positions by lottery under Subsection (a)(2)(A) may use a
31	31	weighted lottery that assigns weights to applicants so that an
32	32	applicant's probability of admission increases if the applicant
33	33	satisfies criteria selected by the school. The school may increase
34	34	an applicant's probability of admission if the applicant is:
35	35	(1) eligible to participate in a special education
36	36	program under Section 29.003;
37	37	(2) a student of limited English proficiency, as
38	38	defined by Section 29.052; or
39	39	(3) educationally disadvantaged.
40	40	(a-2) The commissioner shall adopt rules regarding the
41	41	implementation of a weighted lottery under Subsection (a-1),
42	42	including rules that:
43	43	(1) establish the information an open-enrollment
44	44	charter school may request an applicant to provide that is limited
45	45	in scope to only the information necessary for the school to
46	46	implement the lottery; and
47	47	(2) ensure compliance with:
48	48	(A) federal law regarding the confidentiality of
49	49	student medical or educational information, including the Health
50	50	Insurance Portability and Accountability Act of 1996 (42 U.S.C.
51	51	Section 1320d et seq.) and the Family Educational Rights and
52	52	Privacy Act of 1974 (20 U.S.C. Section 1232g); and
53	53	(B) any state law relating to the privacy of
54	54	student information.
55	55	(a-3) An open-enrollment charter school that uses a
56	56	weighted lottery under Subsection (a-1) shall:
57	57	(1) include in the school's admission and enrollment
58	58	policy the information requested under Subsection (a-2)(1) that the
59	59	school uses for the lottery;
60	60	(2) provide notice of the information requested of an
61	61	applicant under Subsection (a-2)(1) only if the school receives
62	62	more acceptable applications for admission than available
63	63	positions in the school;
64	64	(3) clearly mark all information requested under
65	65	Subdivision (2) as optional; and
66	66	(4) use any information provided by an applicant under
67	67	Subdivision (2) only to determine if the applicant's probability of
68	68	admission will increase in accordance with Subsection (a-1).
69	69	(b-1) An open-enrollment charter school shall make publicly
70	70	available and post in a prominent and appropriate location on the
71	71	school's public Internet website, if the school maintains a public
72	72	Internet website, notice of the school's admission and enrollment
73	73	policy, including:
74	74	(1) the method by which the school fills available
75	75	positions in the school, including whether the school uses:
76	76	(A) a lottery; or
77	77	(B) a weighted lottery; and
78	78	(2) if the school fills available positions by
79	79	weighted lottery under Subsection (a-1), the weights assigned to
80	80	applicants under that subsection.
81	81	SECTION 3. Section 12.104, Education Code, is amended by
82	82	amending Subsection (b) to read as follows:
83	83	(b) An open-enrollment charter school is subject to:
84	84	(1) a provision of this title establishing a criminal
85	85	offense;
86	86	(2) the provisions in Chapter 554, Government Code;
87	87	and
88	88	(3) a prohibition, restriction, or requirement, as
89	89	applicable, imposed by this title or a rule adopted under this
90	90	title, relating to:
91	91	(A) the Public Education Information Management
92	92	System (PEIMS) to the extent necessary to monitor compliance with
93	93	this subchapter as determined by the commissioner;
94	94	(B) criminal history records under Subchapter C,
95	95	Chapter 22;
96	96	(C) reading instruments and accelerated reading
97	97	instruction programs under Section 28.006;
98	98	(D) accelerated instruction under Section
99	99	28.0211;
100	100	(E) high school graduation requirements under
101	101	Section 28.025;
102	102	(F) special education programs under Subchapter
103	103	A, Chapter 29;
104	104	(G) bilingual education under Subchapter B,
105	105	Chapter 29;
106	106	(H) prekindergarten programs under Subchapter E
107	107	or E-1, Chapter 29, except class size limits for prekindergarten
108	108	classes imposed under Section 25.112, which do not apply;
109	109	(I) extracurricular activities under Section
110	110	33.081;
111	111	(J) discipline management practices or behavior
112	112	management techniques under Section 37.0021;
113	113	(K) health and safety under Chapter 38;
114	114	(L) the provisions of Subchapter A, Chapter 39;
115	115	(M) public school accountability and special
116	116	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
117	117	39, and Chapter 39A;
118	118	(N) the requirement under Section 21.006 to
119	119	report an educator's misconduct;
120	120	(O) intensive programs of instruction under
121	121	Section 28.0213;
122	122	(P) the right of a school employee to report a
123	123	crime, as provided by Section 37.148;
124	124	(Q) bullying prevention policies and procedures
125	125	under Section 37.0832;
126	126	(R) the right of a school under Section 37.0052
127	127	to place a student who has engaged in certain bullying behavior in a
128	128	disciplinary alternative education program or to expel the student;
129	129	(S) the right under Section 37.0151 to report to
130	130	local law enforcement certain conduct constituting assault or
131	131	harassment;
132	132	(T) a parent's right to information regarding the
133	133	provision of assistance for learning difficulties to the parent's
134	134	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
135	135	(U) establishment of residency under Section
136	136	25.001;
137	137	(V) school safety requirements under Sections
138	138	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
139	139	37.207, and 37.2071;
140	140	(W) the early childhood literacy and mathematics
141	141	proficiency plans under Section 11.185;
142	142	(X) the college, career, and military readiness
143	143	plans under Section 11.186; and
144	144	(X) parental options to retain a student under
145	145	Section 28.02124.; and
146	146	(Y) technology and student information
147	147	protection requirements under Chapter 32.
148	148	SECTION 4. Section 12.1058, Education Code, is amended by
149	149	amending Subsection (c) and adding Subsections (d), (d-1), (d-2),
150	150	(d-3), and (d-4) to read as follows:
151	151	(c) Notwithstanding Subsection (a) or (b), an
152	152	open-enrollment charter school operated by a tax exempt entity as
153	153	described by Section 12.101(a)(3) is not considered to be a
154	154	political subdivision, local government, or local governmental
155	155	entity unless:
156	156	(1) a [the applicable] statute specifically states
157	157	that the statute applies to an open-enrollment charter school; or
158	158	(2) a provision in this chapter states that a specific
159	159	statute applies to an open-enrollment charter school.
160	160	(d) A political subdivision shall consider an
161	161	open-enrollment charter school a school district for purposes of
162	162	zoning, project permitting, platting and replatting processes,
163	163	business licensing, franchises, utility services, signage,
164	164	subdivision regulation, property development projects, the
165	165	requirements for posting bonds or securities, contract
166	166	requirements, land development standards as provided by Section
167	167	212.902, Local Government Code, tree and vegetation regulations,
168	168	regulations of architectural features of a structure, construction
169	169	of fences, landscaping, garbage disposal, noise levels, fees or
170	170	other assessments, and construction or site development work. An
171	171	open-enrollment charter school does not have the power of eminent
172	172	domain.
173	173	(d-1) A political subdivision may not take any action that
174	174	prohibits an open-enrollment charter school from operating a public
175	175	school campus, educational support facility, athletic facility, or
176	176	administrative office within the political subdivision's
177	177	jurisdiction or on any specific property located within the
178	178	jurisdiction of the political subdivision that it could not take
179	179	against a school district. A political subdivision shall grant
180	180	approval in the same manner and follow the same timelines as if the
181	181	charter school were a school district located in that political
182	182	subdivision's jurisdiction.
183	183	(d-2) This section applies to both owned and leased property
184	184	of the open-enrollment charter school under Section 12.128.
185	185	(d-3) Except as provided by this section, this section does
186	186	not affect the authority granted by state law to a political
187	187	subdivision to regulate an open-enrollment charter school
188	188	regarding health and safety ordinances.
189	189	(d-4) In this section, "political subdivision" does not
190	190	include a school district.
191	191	SECTION 5. Section 212.902, Local Government Code, is
192	192	amended to read as follows:
193	193	Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
194	194	SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an
195	195	agreement [agreements] between a school district or
196	196	open-enrollment charter school [districts] and a [any]
197	197	municipality which has annexed territory for limited purposes.
198	198	(b) On request by a school district or open-enrollment
199	199	charter school, a municipality shall enter an agreement with the
200	200	board of trustees of the school district or the governing body of
201	201	the open-enrollment charter school to establish review fees, review
202	202	periods, and land development standards ordinances and to provide
203	203	alternative water pollution control methodologies for school
204	204	buildings constructed by the school district or open-enrollment
205	205	charter school. The agreement shall include a provision exempting
206	206	the district or charter school from all land development ordinances
207	207	in cases where the district or charter school is adding temporary
208	208	classroom buildings on an existing school campus.
209	209	(c) If the municipality and the school district or
210	210	open-enrollment charter school do not reach an agreement on or
211	211	before the 120th day after the date on which the municipality
212	212	receives the district's or charter school's request for an
213	213	agreement, proposed agreements by the [school] district or charter
214	214	school and the municipality shall be submitted to an independent
215	215	arbitrator appointed by the presiding district judge whose
216	216	jurisdiction includes the [school] district or charter school. The
217	217	arbitrator shall, after a hearing at which both the [school]
218	218	district or charter school and the municipality make presentations
219	219	on their proposed agreements, prepare an agreement resolving any
220	220	differences between the proposals. The agreement prepared by the
221	221	arbitrator will be final and binding upon both the [school]
222	222	district or charter school and the municipality. The cost of the
223	223	arbitration proceeding shall be borne equally by the [school]
224	224	district or charter school and the municipality.
225	225	(d) A school district or open-enrollment charter school
226	226	that requests an agreement under this section, at the time the
227	227	district or charter school [it] makes the request, shall send a copy
228	228	of the request to the commissioner of education. At the end of the
229	229	120-day period, the requesting district or charter school shall
230	230	report to the commissioner the status or result of negotiations
231	231	with the municipality. A municipality may send a separate status
232	232	report to the commissioner. The district or charter school shall
233	233	send to the commissioner a copy of each agreement between the
234	234	district or charter school and a municipality under this section.
235	235	(e) In this section:
236	236	(1) [,] "Land [land] development standards" includes
237	237	impervious cover limitations, building setbacks, floor to area
238	238	ratios, building heights and coverage, water quality controls,
239	239	landscaping, development setbacks, compatibility standards,
240	240	traffic analyses, including traffic impact analyses, parking
241	241	requirements, signage requirements, and driveway cuts, if
242	242	applicable.
243	243	(2) "Open-enrollment charter school" means a school
244	244	granted a charter under Subchapter C, D, or E, Chapter 12, Education
245	245	Code.
246	246	(f) Nothing in this section shall be construed to limit the
247	247	applicability of or waive fees for fire, safety, health, or
248	248	building code ordinances of the municipality prior to or during
249	249	construction of school buildings, nor shall any agreement waive any
250	250	fee or modify any ordinance of a municipality for an
251	251	administration, service, or athletic facility proposed for
252	252	construction by a school district or open-enrollment charter
253	253	school.
254	254	SECTION 6. Section 552.053(b), Local Government Code, is
255	255	amended to read as follows:
256	256	(b) The following may be exempt:
257	257	(1) this state;
258	258	(2) a county;
259	259	(3) a municipality; or
260	260	(4) [a] school districts and open-enrollment charter
261	261	schools [district].
262	262	SECTION 7. Section 12.103(c), Education Code, is repealed.
263	263	SECTION 8. An exemption granted to a school district under
264	264	Section 552.053(b)(4), Local Government Code, as that subdivision
265	265	existed before the effective date of this Act, automatically
266	266	extends to all open-enrollment charter schools located in the
267	267	municipality after the effective date of this Act unless the
268	268	municipality repeals the exemption before the effective date of
269	269	this Act.
270	270	SECTION 7. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect September 1, 2023.