88R12567 ANG-F
By: Bowers H.B. No. 5086
A BILL TO BE ENTITLED
AN ACT
relating to an application for a charter for an open-enrollment
charter school and to the expansion of a request for the revision of
a charter for an open-enrollment charter school.
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 and subject to Section
12.1131, approval of the commissioner under Section 12.114 [that
section] is not required for establishment of a new open-enrollment
charter school campus if the requirements of this subsection are
satisfied. 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. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1131 to read as follows:
Sec. 12.1131. SPECIFIC LOCATION OR ATTENDANCE ZONE
INFORMATION REQUIRED. The commissioner may not approve an
application for a charter for an open-enrollment charter school
under Section 12.110, allow a charter holder to establish a new
open-enrollment charter school campus as authorized under Section
12.101(b-4), or approve a request for a revision of a charter for an
open-enrollment charter school under Section 12.114 for the
addition of a new campus or site, the relocation of an existing
campus or site, or the expansion of the geographical area or grade
levels served by the open-enrollment charter school unless:
(1) the application for the charter, notice of the
establishment of the campus, or request for revision of the
charter, as applicable, proposes a specific location or attendance
zone for each proposed campus; and
(2) the proposed location or attendance zone of each
proposed campus is not located in the attendance zone of a school
district campus that:
(A) serves similar grade levels as the charter
school campus; and
(B) received an overall performance rating of A
or B for the preceding school year.
SECTION 3. Section 12.1131, Education Code, as added by
this Act, applies only to an application for a charter for an
open-enrollment charter school, a notice of the establishment of an
open-enrollment charter school campus, or a request for approval
for a revision of a charter, as applicable, submitted on or after
the effective date of this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.