1 | 1 | | 89R3430 CMO-F |
---|
2 | 2 | | By: Bernal H.B. No. 756 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the requirements for the revision of a charter for an |
---|
10 | 10 | | open-enrollment charter school. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 12.1101, Education Code, is amended to |
---|
13 | 13 | | read as follows: |
---|
14 | 14 | | Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR |
---|
15 | 15 | | ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a |
---|
16 | 16 | | procedure for providing notice to the following persons on receipt |
---|
17 | 17 | | by the commissioner of an application for a charter for an |
---|
18 | 18 | | open-enrollment charter school under Section 12.110 [or of notice |
---|
19 | 19 | | of the establishment of a campus as authorized under Section |
---|
20 | 20 | | 12.101(b-4)]: |
---|
21 | 21 | | (1) the superintendent and the board of trustees of |
---|
22 | 22 | | each school district from which the proposed open-enrollment |
---|
23 | 23 | | charter school or campus is likely to draw students, as determined |
---|
24 | 24 | | by the commissioner; and |
---|
25 | 25 | | (2) each member of the legislature that represents the |
---|
26 | 26 | | geographic area to be served by the proposed school or campus, as |
---|
27 | 27 | | determined by the commissioner. |
---|
28 | 28 | | SECTION 2. Section 12.114, Education Code, is amended to |
---|
29 | 29 | | read as follows: |
---|
30 | 30 | | Sec. 12.114. REVISION. (a) A revision of a charter of an |
---|
31 | 31 | | open-enrollment charter school that is not an expansion revision |
---|
32 | 32 | | may be made only with the approval of the commissioner. An |
---|
33 | 33 | | expansion revision, as defined by commissioner rule, may be made |
---|
34 | 34 | | only in the manner provided by this section. |
---|
35 | 35 | | (b) Not more than once during each biennium [each year], an |
---|
36 | 36 | | open-enrollment charter school may request approval of an expansion |
---|
37 | 37 | | amendment to: |
---|
38 | 38 | | (1) increase [to revise] the maximum allowable student |
---|
39 | 39 | | enrollment described by the school's charter; |
---|
40 | 40 | | (2) add a new campus or site; |
---|
41 | 41 | | (3) relocate an existing campus or site more than five |
---|
42 | 42 | | miles from the current location; |
---|
43 | 43 | | (4) extend the grade levels described by the school's |
---|
44 | 44 | | charter; or |
---|
45 | 45 | | (5) expand the geographic boundaries described by the |
---|
46 | 46 | | school's charter. |
---|
47 | 47 | | (c) A [Not later than the 60th day after the date that a] |
---|
48 | 48 | | charter holder shall submit [submits] to the commissioner a |
---|
49 | 49 | | completed request for approval for an expansion amendment. A |
---|
50 | 50 | | request for approval submitted under this section must include |
---|
51 | 51 | | information needed for an evaluation of the charter holder as |
---|
52 | 52 | | provided by Subsection (d). |
---|
53 | 53 | | (d) The commissioner shall thoroughly review a request for |
---|
54 | 54 | | approval for an expansion amendment and ensure approval of the |
---|
55 | 55 | | request is in the best interest of all students in the state. The |
---|
56 | 56 | | commissioner may not approve a request if during each of the two |
---|
57 | 57 | | years preceding the date of the request the open-enrollment charter |
---|
58 | 58 | | school has not served the lesser of: |
---|
59 | 59 | | (1) the state average of students eligible to receive |
---|
60 | 60 | | services under Subchapter A, Chapter 29; or |
---|
61 | 61 | | (2) the average of students eligible to receive |
---|
62 | 62 | | services under Subchapter A, Chapter 29, in the largest school |
---|
63 | 63 | | district in which the charter school operates a campus. |
---|
64 | 64 | | (e) The commissioner may not waive the requirements of |
---|
65 | 65 | | Subsection (d). |
---|
66 | 66 | | (f) The [, as defined by commissioner rule, including a new |
---|
67 | 67 | | school amendment, the] commissioner shall provide to the charter |
---|
68 | 68 | | holder written notice of approval or disapproval of an [the] |
---|
69 | 69 | | amendment requested under this section. |
---|
70 | 70 | | (g) [(d)] A charter holder may submit a request for approval |
---|
71 | 71 | | for an expansion amendment up to 36 months before the date on which |
---|
72 | 72 | | the expansion will be effective. A request for approval of an |
---|
73 | 73 | | expansion amendment does not obligate the charter holder to |
---|
74 | 74 | | complete the proposed expansion. |
---|
75 | 75 | | SECTION 3. Sections 12.101(b-4) and (b-10), Education Code, |
---|
76 | 76 | | are repealed. |
---|
77 | 77 | | SECTION 4. The changes in law made by this Act apply only to |
---|
78 | 78 | | a request for approval of a revision to the charter of an |
---|
79 | 79 | | open-enrollment charter school submitted on or after the effective |
---|
80 | 80 | | date of this Act. A request submitted before the effective date of |
---|
81 | 81 | | this Act is governed by the law in effect on the date the request was |
---|
82 | 82 | | submitted, and the former law is continued in effect for that |
---|
83 | 83 | | purpose. |
---|
84 | 84 | | SECTION 5. This Act takes effect September 1, 2025. |
---|