Texas 2023 - 88th Regular

Texas House Bill HB5086 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12567 ANG-F
2	2	By: Bowers H.B. No. 5086
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an application for a charter for an open-enrollment
8	8	charter school and to the expansion of a request for the revision of
9	9	a charter for an open-enrollment charter school.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 12.101(b-4), Education Code, is amended
12	12	to read as follows:
13	13	(b-4) Notwithstanding Section 12.114 and subject to Section
14	14	12.1131, approval of the commissioner under Section 12.114 [that
15	15	section] is not required for establishment of a new open-enrollment
16	16	charter school campus if the requirements of this subsection are
17	17	satisfied. A charter holder having an accreditation status of
18	18	accredited and at least 50 percent of its student population in
19	19	grades assessed under Subchapter B, Chapter 39, or at least 50
20	20	percent of the students in the grades assessed having been enrolled
21	21	in the school for at least three school years may establish one or
22	22	more new campuses under an existing charter held by the charter
23	23	holder if:
24	24	(1) the charter holder is currently evaluated under
25	25	the standard accountability procedures for evaluation under
26	26	Chapter 39 and received a district rating in the highest or second
27	27	highest performance rating category under Subchapter C, Chapter 39,
28	28	for three of the last five years with at least 75 percent of the
29	29	campuses rated under the charter also receiving a rating in the
30	30	highest or second highest performance rating category and with no
31	31	campus with a rating in the lowest performance rating category in
32	32	the most recent ratings;
33	33	(2) the charter holder provides written notice to the
34	34	commissioner of the establishment of any campus under this
35	35	subsection in the time, manner, and form provided by rule of the
36	36	commissioner; and
37	37	(3) not later than the 60th day after the date the
38	38	charter holder provides written notice under Subdivision (2), the
39	39	commissioner does not provide written notice to the charter holder
40	40	that the commissioner has determined that the charter holder does
41	41	not satisfy the requirements of this section.
42	42	SECTION 2. Subchapter D, Chapter 12, Education Code, is
43	43	amended by adding Section 12.1131 to read as follows:
44	44	Sec. 12.1131. SPECIFIC LOCATION OR ATTENDANCE ZONE
45	45	INFORMATION REQUIRED. The commissioner may not approve an
46	46	application for a charter for an open-enrollment charter school
47	47	under Section 12.110, allow a charter holder to establish a new
48	48	open-enrollment charter school campus as authorized under Section
49	49	12.101(b-4), or approve a request for a revision of a charter for an
50	50	open-enrollment charter school under Section 12.114 for the
51	51	addition of a new campus or site, the relocation of an existing
52	52	campus or site, or the expansion of the geographical area or grade
53	53	levels served by the open-enrollment charter school unless:
54	54	(1) the application for the charter, notice of the
55	55	establishment of the campus, or request for revision of the
56	56	charter, as applicable, proposes a specific location or attendance
57	57	zone for each proposed campus; and
58	58	(2) the proposed location or attendance zone of each
59	59	proposed campus is not located in the attendance zone of a school
60	60	district campus that:
61	61	(A) serves similar grade levels as the charter
62	62	school campus; and
63	63	(B) received an overall performance rating of A
64	64	or B for the preceding school year.
65	65	SECTION 3. Section 12.1131, Education Code, as added by
66	66	this Act, applies only to an application for a charter for an
67	67	open-enrollment charter school, a notice of the establishment of an
68	68	open-enrollment charter school campus, or a request for approval
69	69	for a revision of a charter, as applicable, submitted on or after
70	70	the effective date of this Act.
71	71	SECTION 4. This Act takes effect immediately if it receives
72	72	a vote of two-thirds of all the members elected to each house, as
73	73	provided by Section 39, Article III, Texas Constitution. If this
74	74	Act does not receive the vote necessary for immediate effect, this
75	75	Act takes effect September 1, 2023.