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3 | 5 | | |
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4 | 6 | | A BILL TO BE ENTITLED |
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5 | 7 | | AN ACT |
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6 | 8 | | relating to the review, audit, and oversight of the Texas Education |
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7 | 9 | | Agency's administration of open-enrollment charter schools by the |
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8 | 10 | | Sunset Advisory Commission. |
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9 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 12 | | SECTION 1. Chapter 325, Government Code, is amended by |
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11 | 13 | | adding Section 325.027 to read as follows: |
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12 | 14 | | Sec. 325.027. REVIEW OF OPEN-ENROLLMENT CHARTER SCHOOLS. |
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13 | 15 | | (a) In 2026 and every third year after that year, the commission |
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14 | 16 | | shall conduct a comprehensive forensic and performance audit of all |
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15 | 17 | | institutional functions, programs, and operations of contracts, |
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16 | 18 | | grants, and administration at the Texas Education Agency relating |
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17 | 19 | | to its administration and oversight of open-enrollment charter |
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18 | 20 | | schools. |
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19 | 21 | | (b) The audit shall identify and prepare for a report: |
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20 | 22 | | (1) all unallowable expenses, including payments, |
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21 | 23 | | purchases, administrative and executive compensation, salary |
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22 | 24 | | transactions, and contracted services and efficiency improvements |
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23 | 25 | | to administration and oversight functions. The report shall |
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24 | 26 | | contain the total compensation of the district superintendent and |
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25 | 27 | | other district governance including bonuses, awards, one-time |
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26 | 28 | | compensation, and any other contributions. |
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27 | 29 | | (2) each real property owned or leased by |
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28 | 30 | | open-enrollment charter schools, including ownership of the |
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29 | 31 | | property, whether the property includes an instructional facility, |
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30 | 32 | | information on each lease or mortgage agreement and the aggregate |
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31 | 33 | | annual and prior five-year amount of any related party payment |
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32 | 34 | | under each lease or mortgage agreement, information about the |
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33 | 35 | | amount and terms of each charter school's bonds and debt service, |
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34 | 36 | | whether a bond is backed by a guarantee from the Permanent School |
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35 | 37 | | Fund, current underlying rating of each bond backed by the Bond |
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36 | 38 | | Guarantee Program, and the aggregate amount of charter schools' |
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37 | 39 | | outstanding bonds; |
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38 | 40 | | (3) each charter school management company that |
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39 | 41 | | provides management services to an open-enrollment charter school. |
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40 | 42 | | The report shall contain the company's name, address, names of |
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41 | 43 | | officers including chief financial officer, and method of |
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42 | 44 | | calculation and amount of annual payment by each charter school to |
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43 | 45 | | each management company and affiliated company; |
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44 | 46 | | (4) all state funds, grants, or public resources used |
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45 | 47 | | for marketing, advertising, or sponsorship purchases. The report |
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46 | 48 | | shall contain open-enrollment charter school expenditures on |
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47 | 49 | | digital, print, radio, television, and social media |
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48 | 50 | | advertisements. The report shall contain sponsorship agreements |
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49 | 51 | | between the charter school and any private entity, including |
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50 | 52 | | payments made for naming rights, endorsements, and promotional |
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51 | 53 | | partnerships, |
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52 | 54 | | (5) conflicts of interest including whether a member |
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53 | 55 | | of the governing body of an open-enrollment charter school has a |
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54 | 56 | | substantial interest in a business entity as described by Section |
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55 | 57 | | 171.002, Local Government Code, that contracts with the school. |
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56 | 58 | | (c) The commission shall prepare and provide the audit |
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57 | 59 | | report, including all related findings, by September 1, 2026. The |
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58 | 60 | | report shall be provided to the Speaker of the House, Lieutenant |
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59 | 61 | | Governor, House Appropriations Committee, the Senate Finance |
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60 | 62 | | Committee, and the House Delivery of Government Efficiency |
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61 | 63 | | Committee. |
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62 | 64 | | (d) The commission shall publish the audit report on its |
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63 | 65 | | official website no later than the 45th day after the audit's |
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64 | 66 | | completion. Each summary must remain publicly accessible for at |
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65 | 67 | | least five years and exclude information classified as confidential |
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66 | 68 | | or security-sensitive under state law. |
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67 | 69 | | (e) If the audit conducted under this section identifies |
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68 | 70 | | financial mismanagement, waste, fraud, or noncompliance with state |
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69 | 71 | | law, the Texas Education Agency shall: |
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70 | 72 | | (1) Develop and implement a corrective action plan |
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71 | 73 | | within 90 days; |
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72 | 74 | | (2) Submit progress reports every six months to the |
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73 | 75 | | commission and Legislative Budget Board until all deficiencies are |
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74 | 76 | | resolved. |
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75 | 77 | | (f) Open-enrollment charter schools reviewed by the |
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76 | 78 | | commission under this section are not subject to abolition. |
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77 | 79 | | SECTION 2. This Act takes effect September 1, 2025. |
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