Texas 2025 - 89th Regular

Texas House Bill HB2354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4619 ANG-F
2	2	By: Shaheen H.B. No. 2354
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5	5
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to charter schools, including the admission, enrollment,
10	10	and employment policies of and the applicability of certain laws to
11	11	open-enrollment charter schools.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 12.002, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 12.002. CLASSES OF CHARTER. The classes of charter
16	16	under this chapter are:
17	17	(1) a home-rule school district charter as provided by
18	18	Subchapter B;
19	19	(2) a campus or campus program charter as provided by
20	20	Subchapter C; [or]
21	21	(3) an open-enrollment charter as provided by
22	22	Subchapter D;
23	23	(4) a college or university or junior college charter
24	24	as provided by Subchapter E; or
25	25	(5) an adult education program charter as provided by
26	26	Subchapter G.
27	27	SECTION 2. Section 12.1058(a), Education Code, is amended
28	28	to read as follows:
29	29	(a) An open-enrollment charter school is considered to be:
30	30	(1) a local government for purposes of Chapter 791,
31	31	Government Code;
32	32	(2) a local government for purposes of Chapter 2259,
33	33	Government Code, except that an open-enrollment charter school may
34	34	not issue public securities as provided by Section 2259.031(b),
35	35	Government Code;
36	36	(3) a political subdivision for purposes of Chapter
37	37	172, Local Government Code;
38	38	(4) a local governmental entity for purposes of
39	39	Subchapter I, Chapter 271, Local Government Code;
40	40	(5) a political subdivision for purposes of Section
41	41	180.008, Local Government Code;
42	42	(6) a political subdivision for purposes of Section
43	43	16.061, Civil Practice and Remedies Code, with respect to any
44	44	property purchased, leased, constructed, renovated, or improved
45	45	with state funds under Section 12.128 of this code; [and]
46	46	(7) a political subdivision for purposes of Section
47	47	11.11, Tax Code;
48	48	(8) a public school district customer for purposes of
49	49	Section 182.022(d), Tax Code;
50	50	(9) a political subdivision for purposes of Section
51	51	304.001, Local Government Code; and
52	52	(10) a local authority for purposes of Subtitle C,
53	53	Title 7, Transportation Code, only when the school is designating
54	54	school crossing guards for campuses of the school.
55	55	SECTION 3. Section 12.111(a), Education Code, is amended to
56	56	read as follows:
57	57	(a) Each charter granted under this subchapter must:
58	58	(1) describe the educational program to be offered,
59	59	which must include the required curriculum as provided by Section
60	60	28.002;
61	61	(2) provide that continuation of the charter is
62	62	contingent on the status of the charter as determined under Section
63	63	12.1141 or 12.115 or under Chapter 39A;
64	64	(3) specify the academic, operational, and financial
65	65	performance expectations by which a school operating under the
66	66	charter will be evaluated, which must include applicable elements
67	67	of the performance frameworks adopted under Section 12.1181;
68	68	(4) specify:
69	69	(A) any basis, in addition to a basis specified
70	70	by this subchapter or Chapter 39A, on which the charter may be
71	71	revoked, renewal of the charter may be denied, or the charter may be
72	72	allowed to expire; and
73	73	(B) the standards for evaluation of a school
74	74	operating under the charter for purposes of charter renewal, denial
75	75	of renewal, expiration, revocation, or other intervention in
76	76	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
77	77	applicable;
78	78	(5) prohibit discrimination in admission policy on the
79	79	basis of sex, national origin, ethnicity, religion, disability,
80	80	academic, artistic, or athletic ability, or the district the child
81	81	would otherwise attend in accordance with this code, although the
82	82	charter may:
83	83	(A) provide for the exclusion of a student who
84	84	has a documented history of a criminal offense, a juvenile court
85	85	adjudication, or discipline problems under Subchapter A, Chapter
86	86	37; [and]
87	87	(B) provide for an admission policy that requires
88	88	a student to demonstrate artistic ability if the school specializes
89	89	in performing arts; and
90	90	(C) provide for an admission policy that limits
91	91	admission to students of a single biological sex as correctly
92	92	stated on the student's official birth certificate, as described by
93	93	Section 33.0834(c), or, if the student's official birth certificate
94	94	is unobtainable, another governmental record;
95	95	(6) specify the grade levels to be offered;
96	96	(7) describe the governing structure of the program,
97	97	including:
98	98	(A) the officer positions designated;
99	99	(B) the manner in which officers are selected and
100	100	removed from office;
101	101	(C) the manner in which members of the governing
102	102	body of the school are selected and removed from office;
103	103	(D) the manner in which vacancies on that
104	104	governing body are filled;
105	105	(E) the term for which members of that governing
106	106	body serve; and
107	107	(F) whether the terms are to be staggered;
108	108	(8) specify the powers or duties of the governing body
109	109	of the school that the governing body may delegate to an officer;
110	110	(9) specify the manner in which the school will
111	111	distribute to parents information related to the qualifications of
112	112	each professional employee of the program, including any
113	113	professional or educational degree held by each employee, a
114	114	statement of any certification under Subchapter B, Chapter 21, held
115	115	by each employee, and any relevant experience of each employee;
116	116	(10) describe the process by which the person
117	117	providing the program will adopt an annual budget;
118	118	(11) describe the manner in which an annual audit of
119	119	the financial and programmatic operations of the program is to be
120	120	conducted, including the manner in which the person providing the
121	121	program will provide information necessary for the school district
122	122	in which the program is located to participate, as required by this
123	123	code or by commissioner rule, in the Public Education Information
124	124	Management System (PEIMS);
125	125	(12) describe the facilities to be used;
126	126	(13) describe the geographical area served by the
127	127	program;
128	128	(14) specify any type of enrollment criteria to be
129	129	used;
130	130	(15) provide information, as determined by the
131	131	commissioner, relating to any management company that will provide
132	132	management services to a school operating under the charter; and
133	133	(16) specify that the governing body of an
134	134	open-enrollment charter school accepts and may not delegate
135	135	ultimate responsibility for the school, including the school's
136	136	academic performance and financial and operational viability, and
137	137	is responsible for overseeing any management company providing
138	138	management services for the school and for holding the management
139	139	company accountable for the school's performance.
140	140	SECTION 4. The heading to Section 12.117, Education Code,
141	141	is amended to read as follows:
142	142	Sec. 12.117. ADMISSION AND ENROLLMENT.
143	143	SECTION 5. Section 12.117, Education Code, is amended by
144	144	amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
145	145	and (b-1) to read as follows:
146	146	(a) For admission and enrollment to an open-enrollment
147	147	charter school, the governing body of the school shall:
148	148	(1) require the applicant to complete and submit the
149	149	common admission application form described by Section 12.1173 not
150	150	later than a reasonable deadline the school establishes; and
151	151	(2) on receipt of more acceptable applications for
152	152	admission under this section than available positions in a grade
153	153	level or campus [the school]:
154	154	(A) fill the available positions by lottery; or
155	155	(B) subject to Subsection (b), fill the available
156	156	positions in the order in which applications received before the
157	157	application deadline were received.
158	158	(a-1) An open-enrollment charter school that fills
159	159	available positions by lottery under Subsection (a)(2)(A) may use a
160	160	weighted lottery that assigns weights to applicants so that an
161	161	applicant's probability of admission increases if the applicant
162	162	satisfies criteria selected by the school. The school may increase
163	163	an applicant's probability of admission if the applicant is:
164	164	(1) eligible to participate in a special education
165	165	program under Section 29.003;
166	166	(2) an emergent bilingual student, as defined by
167	167	Section 29.052; or
168	168	(3) educationally disadvantaged.
169	169	(a-2) The commissioner shall adopt rules regarding the
170	170	implementation of a weighted lottery under Subsection (a-1),
171	171	including rules that:
172	172	(1) establish the information an open-enrollment
173	173	charter school may request an applicant to provide, which must be
174	174	limited in scope to only the information necessary for the school to
175	175	implement the lottery; and
176	176	(2) ensure compliance with:
177	177	(A) federal law regarding the confidentiality of
178	178	student medical or educational information, including the Health
179	179	Insurance Portability and Accountability Act of 1996 (42 U.S.C.
180	180	Section 1320d et seq.) and the Family Educational Rights and
181	181	Privacy Act of 1974 (20 U.S.C. Section 1232g); and
182	182	(B) any state law relating to the privacy of
183	183	student information.
184	184	(a-3) An open-enrollment charter school that uses a
185	185	weighted lottery under Subsection (a-1) shall:
186	186	(1) include in the school's admission and enrollment
187	187	policy the information the school may request an applicant to
188	188	provide under Subsection (a-2)(1);
189	189	(2) request an applicant to provide the information
190	190	under Subsection (a-2)(1) only if the school receives more
191	191	acceptable applications for admission than available positions in
192	192	the school;
193	193	(3) clearly mark all information requested under
194	194	Subdivision (2) as optional; and
195	195	(4) use any information provided by an applicant under
196	196	Subdivision (2) only to determine if the applicant's probability of
197	197	admission will increase in accordance with Subsection (a-1).
198	198	(b-1) An open-enrollment charter school shall make publicly
199	199	available and post in a prominent and appropriate location on the
200	200	school's public Internet website, if the school maintains a public
201	201	Internet website, notice of the school's admission and enrollment
202	202	policy, including:
203	203	(1) the method by which the school fills available
204	204	positions in the school, including whether the school uses:
205	205	(A) a lottery; or
206	206	(B) a weighted lottery; and
207	207	(2) if the school fills available positions by
208	208	weighted lottery under Subsection (a-1), the weights assigned to
209	209	applicants under that subsection.
210	210	SECTION 6. Section 12.119, Education Code, is amended by
211	211	adding Subsection (b-1) to read as follows:
212	212	(b-1) For purposes of Subsection (b), an officer or member
213	213	of the governing body of an open-enrollment charter school does not
214	214	include an assistant principal or assistant director.
215	215	SECTION 7. Section 12.129, Education Code, is amended by
216	216	amending Subsection (a) and adding Subsection (c) to read as
217	217	follows:
218	218	(a) Except as provided by Subsections [Subsection] (b) and
219	219	(c), a person employed as a principal or a teacher by an
220	220	open-enrollment charter school must hold a baccalaureate degree.
221	221	(c) A person may be employed as a teacher for a noncore
222	222	academic career and technical education course without holding a
223	223	baccalaureate degree if:
224	224	(1) the person meets the qualifications under Section
225	225	21.055(d-1); and
226	226	(2) the governing body and the chief executive officer
227	227	and educational leader of the open-enrollment charter school comply
228	228	with the requirements of Section 21.055(d-1) in the same manner as a
229	229	school district board of trustees and superintendent.
230	230	SECTION 8. This Act applies beginning with the 2025-2026
231	231	school year.
232	232	SECTION 9. This Act takes effect immediately if it receives
233	233	a vote of two-thirds of all the members elected to each house, as
234	234	provided by Section 39, Article III, Texas Constitution. If this
235	235	Act does not receive the vote necessary for immediate effect, this
236	236	Act takes effect September 1, 2025.