89R3430 CMO-F
By: Bernal H.B. No. 756
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for the revision of a charter for an
open-enrollment charter school.
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 to
read as follows:
Sec. 12.114. REVISION. (a) A revision of a charter of an
open-enrollment charter school that is not an expansion revision
may be made only with the approval of the commissioner. An
expansion revision, as defined by commissioner rule, may be made
only in the manner provided by this section.
(b) Not more than once during each biennium [each year], an
open-enrollment charter school may request approval of an expansion
amendment to:
(1) increase [to revise] the maximum allowable student
enrollment described by the school's charter;
(2) add a new campus or site;
(3) relocate an existing campus or site more than five
miles from the current location;
(4) extend the grade levels described by the school's
charter; or
(5) expand the geographic boundaries described by the
school's charter.
(c) A [Not later than the 60th day after the date that a]
charter holder shall submit [submits] to the commissioner a
completed request for approval for an expansion amendment. A
request for approval submitted under this section must include
information needed for an evaluation of the charter holder as
provided by Subsection (d).
(d) The commissioner shall thoroughly review a request for
approval for an expansion amendment and ensure approval of the
request is in the best interest of all students in the state. The
commissioner may not approve a request if during each of the two
years preceding the date of the request the open-enrollment charter
school has not served the lesser of:
(1) the state average of students eligible to receive
services under Subchapter A, Chapter 29; or
(2) the average of students eligible to receive
services under Subchapter A, Chapter 29, in the largest school
district in which the charter school operates a campus.
(e) The commissioner may not waive the requirements of
Subsection (d).
(f) The [, 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 an [the]
amendment requested under this section.
(g) [(d)] A charter holder may submit a request for approval
for an expansion amendment up to 36 months before the date on which
the expansion will be effective. A request for approval of an
expansion amendment does not obligate the charter holder to
complete the proposed expansion.
SECTION 3. Sections 12.101(b-4) and (b-10), Education Code,
are repealed.
SECTION 4. The changes in law made by this Act apply only to
a request for approval of a revision to the charter of an
open-enrollment charter school submitted on or after the effective
date of this Act. A request submitted before the effective date of
this Act is governed by the law in effect on the date the request was
submitted, and the former law is continued in effect for that
purpose.
SECTION 5. This Act takes effect September 1, 2025.