88R225 MLH-D
By: Johnson S.B. No. 90
A BILL TO BE ENTITLED
AN ACT
relating to an application for the establishment of a new
open-enrollment charter school campus or site.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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)]:
(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 2. Section 12.114, Education Code, is amended by
amending Subsection (c) and adding Subsection (c-1) to read as
follows:
(c) 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 or
site under Section 12.1142.
SECTION 3. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1142 to read as follows:
Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF NEW
OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter
holder may submit to the commissioner an application to establish a
new open-enrollment charter school campus or site as provided by
this section. The application must include the zip code of the
proposed campus or site.
(b) As soon as practicable after an application for a new
campus or site is submitted, the agency shall prepare a report that
includes a fiscal note estimating the total cost to the state and
the potential revenue loss for each affected school district for
the 10-year period following the establishment of the proposed
campus or site.
(c) The commissioner shall post to the agency's Internet
website each application received under this section along with the
report prepared under Subsection (b) for that application and shall
provide notice of each application and a copy of the report to:
(1) the superintendent and the board of trustees of
each school district from which the proposed campus or site 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 campus or site, as
determined by the commissioner.
(d) Not sooner than 60 days after notice of an application
and a report prepared for that application are posted to the
agency's Internet website and provided to the persons listed under
Subsection (c), the commissioner shall submit to the State Board of
Education any application the commissioner proposes to approve and:
(1) the report prepared under Subsection (b); and
(2) any impact statements submitted to the
commissioner by a school district whose enrollment is likely to be
affected by the proposed campus or site.
(e) Unless, before the 90th day after the date on which the
State Board of Education receives an application proposing to
establish a new open-enrollment charter school campus or site, a
majority of the members of the board present and voting vote against
the charter holder's proposal, the application is approved and the
charter holder's proposal takes effect.
(f) The commissioner shall adopt rules regarding the
consideration of applications under this section that:
(1) allow a charter holder to submit an application at
least 18 months before the date proposed for the establishment of
the proposed campus or site; and
(2) provide for the consideration and approval or
disapproval of each application by the commissioner and the State
Board of Education only during even-numbered years.
SECTION 4. Sections 12.101(b-4) and (b-10), Education Code,
are repealed.
SECTION 5. The changes in law made by this Act apply only to
an application for the establishment of a new open-enrollment
charter school campus or site received by the commissioner of
education on or after the effective date of this Act.
SECTION 6. 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.