Texas 2025 - 89th Regular

Texas House Bill HB1179 Compare Versions

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11 By: Hinojosa H.B. No. 1179
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the admission policy of an open-enrollment charter
99 school.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 12.111, Education Code, is amended by
1212 amending Subsection (a) and adding Subsection (a-1) to read as
1313 follows:
1414 (a) Each charter granted under this subchapter must:
1515 (1) describe the educational program to be offered,
1616 which must include the required curriculum as provided by Section
1717 28.002;
1818 (2) provide that continuation of the charter is
1919 contingent on the status of the charter as determined under Section
2020 12.1141 or 12.115 or under Chapter 39A;
2121 (3) specify the academic, operational, and financial
2222 performance expectations by which a school operating under the
2323 charter will be evaluated, which must include applicable elements
2424 of the performance frameworks adopted under Section 12.1181;
2525 (4) specify:
2626 (A) any basis, in addition to a basis specified
2727 by this subchapter or Chapter 39A, on which the charter may be
2828 revoked, renewal of the charter may be denied, or the charter may be
2929 allowed to expire; and
3030 (B) the standards for evaluation of a school
3131 operating under the charter for purposes of charter renewal, denial
3232 of renewal, expiration, revocation, or other intervention in
3333 accordance with Section 12.1141 or 12.115 or Chapter 39A, as
3434 applicable;
3535 (5) prohibit discrimination in admission policy on the
3636 basis of sex, national origin, ethnicity, religion, disability,
3737 discipline history, academic, artistic, or athletic ability, or the
3838 district the child would otherwise attend in accordance with this
3939 code, although the charter may:
4040 (A) provide for the exclusion of a student who is
4141 currently:
4242 (i) placed in a disciplinary alternative
4343 education program or a juvenile justice alternative education
4444 program; or
4545 (ii) subject to an order of expulsion from a
4646 school district or open-enrollment charter school [has a documented
4747 history of a criminal offense, a juvenile court adjudication, or
4848 discipline problems under Subchapter A, Chapter 37]; and
4949 (B) provide for an admission policy that requires
5050 a student to demonstrate artistic ability if the school specializes
5151 in performing arts;
5252 (6) specify the grade levels to be offered;
5353 (7) describe the governing structure of the program,
5454 including:
5555 (A) the officer positions designated;
5656 (B) the manner in which officers are selected and
5757 removed from office;
5858 (C) the manner in which members of the governing
5959 body of the school are selected and removed from office;
6060 (D) the manner in which vacancies on that
6161 governing body are filled;
6262 (E) the term for which members of that governing
6363 body serve; and
6464 (F) whether the terms are to be staggered;
6565 (8) specify the powers or duties of the governing body
6666 of the school that the governing body may delegate to an officer;
6767 (9) specify the manner in which the school will
6868 distribute to parents information related to the qualifications of
6969 each professional employee of the program, including any
7070 professional or educational degree held by each employee, a
7171 statement of any certification under Subchapter B, Chapter 21, held
7272 by each employee, and any relevant experience of each employee;
7373 (10) describe the process by which the person
7474 providing the program will adopt an annual budget;
7575 (11) describe the manner in which an annual audit of
7676 the financial and programmatic operations of the program is to be
7777 conducted, including the manner in which the person providing the
7878 program will provide information necessary for the school district
7979 in which the program is located to participate, as required by this
8080 code or by commissioner rule, in the Public Education Information
8181 Management System (PEIMS);
8282 (12) describe the facilities to be used;
8383 (13) describe the geographical area served by the
8484 program;
8585 (14) specify any type of enrollment criteria to be
8686 used;
8787 (15) provide information, as determined by the
8888 commissioner, relating to any management company that will provide
8989 management services to a school operating under the charter; and
9090 (16) specify that the governing body of an
9191 open-enrollment charter school accepts and may not delegate
9292 ultimate responsibility for the school, including the school's
9393 academic performance and financial and operational viability, and
9494 is responsible for overseeing any management company providing
9595 management services for the school and for holding the management
9696 company accountable for the school's performance.
9797 (a-1) Notwithstanding Subsection (a)(5), a charter granted
9898 under this subchapter may provide for the exclusion of a student
9999 from an open-enrollment charter school campus that includes a
100100 child-care facility based on the student's conviction for a
101101 criminal offense that would preclude the student from being
102102 admitted to a school district campus that includes a child-care
103103 facility.
104104 SECTION 2. This Act applies beginning with the 2023-2024
105105 school year.
106106 SECTION 3. This Act takes effect immediately if it receives
107107 a vote of two-thirds of all the members elected to each house, as
108108 provided by Section 39, Article III, Texas Constitution. If this
109109 Act does not receive the vote necessary for immediate effect, this
110110 Act takes effect September 1, 2025.