Texas 2025 - 89th Regular

Texas Senate Bill SB1127 Compare Versions

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

Old	New	Differences
1	1	By: Middleton S.B. No. 1127
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to charter schools, including the admission, enrollment,
9	9	and employment policies of and the applicability of certain laws to
10	10	open-enrollment charter schools.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 12.002, Education Code, is amended to
13	13	read as follows:
14	14	Sec. 12.002. CLASSES OF CHARTER. The classes of charter
15	15	under this chapter are:
16	16	(1) a home-rule school district charter as provided by
17	17	Subchapter B;
18	18	(2) a campus or campus program charter as provided by
19	19	Subchapter C; [or]
20	20	(3) an open-enrollment charter as provided by
21	21	Subchapter D;
22	22	(4) a college or university or junior college charter
23	23	as provided by Subchapter E; or
24	24	(5) an adult education program charter as provided by
25	25	Subchapter G.
26	26	SECTION 2. Section 12.1058(a), Education Code, is amended
27	27	to read as follows:
28	28	(a) An open-enrollment charter school is considered to be:
29	29	(1) a local government for purposes of Chapter 791,
30	30	Government Code;
31	31	(2) a local government for purposes of Chapter 2259,
32	32	Government Code, except that an open-enrollment charter school may
33	33	not issue public securities as provided by Section 2259.031(b),
34	34	Government Code;
35	35	(3) a political subdivision for purposes of Chapter
36	36	172, Local Government Code;
37	37	(4) a local governmental entity for purposes of
38	38	Subchapter I, Chapter 271, Local Government Code;
39	39	(5) a political subdivision for purposes of Section
40	40	180.008, Local Government Code;
41	41	(6) a political subdivision for purposes of Section
42	42	16.061, Civil Practice and Remedies Code, with respect to any
43	43	property purchased, leased, constructed, renovated, or improved
44	44	with state funds under Section 12.128 of this code; [and]
45	45	(7) a political subdivision for purposes of Section
46	46	11.11, Tax Code;
47	47	(8) a public school district customer for purposes of
48	48	Section 182.022(d), Tax Code;
49	49	(9) a political subdivision for purposes of Section
50	50	304.001, Local Government Code; and
51	51	(10) a local authority for purposes of Subtitle C,
52	52	Title 7, Transportation Code, only when the school is designating
53	53	school crossing guards for campuses of the school.
54	54	SECTION 3. Section 12.111(a), Education Code, is amended to
55	55	read as follows:
56	56	(a) Each charter granted under this subchapter must:
57	57	(1) describe the educational program to be offered,
58	58	which must include the required curriculum as provided by Section
59	59	28.002;
60	60	(2) provide that continuation of the charter is
61	61	contingent on the status of the charter as determined under Section
62	62	12.1141 or 12.115 or under Chapter 39A;
63	63	(3) specify the academic, operational, and financial
64	64	performance expectations by which a school operating under the
65	65	charter will be evaluated, which must include applicable elements
66	66	of the performance frameworks adopted under Section 12.1181;
67	67	(4) specify:
68	68	(A) any basis, in addition to a basis specified
69	69	by this subchapter or Chapter 39A, on which the charter may be
70	70	revoked, renewal of the charter may be denied, or the charter may be
71	71	allowed to expire; and
72	72	(B) the standards for evaluation of a school
73	73	operating under the charter for purposes of charter renewal, denial
74	74	of renewal, expiration, revocation, or other intervention in
75	75	accordance with Section 12.1141 or 12.115 or Chapter 39A, as
76	76	applicable;
77	77	(5) prohibit discrimination in admission policy on the
78	78	basis of sex, national origin, ethnicity, religion, disability,
79	79	academic, artistic, or athletic ability, or the district the child
80	80	would otherwise attend in accordance with this code, although the
81	81	charter may:
82	82	(A) provide for the exclusion of a student who
83	83	has a documented history of a criminal offense, a juvenile court
84	84	adjudication, or discipline problems under Subchapter A, Chapter
85	85	37; [and]
86	86	(B) provide for an admission policy that requires
87	87	a student to demonstrate artistic ability if the school specializes
88	88	in performing arts; and
89	89	(C) provide for an admission policy that limits
90	90	admission to students of a single biological sex as correctly
91	91	stated on the student's official birth certificate, as described by
92	92	Section 33.0834(c), or, if the student's official birth certificate
93	93	is unobtainable, another governmental record;
94	94	(6) specify the grade levels to be offered;
95	95	(7) describe the governing structure of the program,
96	96	including:
97	97	(A) the officer positions designated;
98	98	(B) the manner in which officers are selected and
99	99	removed from office;
100	100	(C) the manner in which members of the governing
101	101	body of the school are selected and removed from office;
102	102	(D) the manner in which vacancies on that
103	103	governing body are filled;
104	104	(E) the term for which members of that governing
105	105	body serve; and
106	106	(F) whether the terms are to be staggered;
107	107	(8) specify the powers or duties of the governing body
108	108	of the school that the governing body may delegate to an officer;
109	109	(9) specify the manner in which the school will
110	110	distribute to parents information related to the qualifications of
111	111	each professional employee of the program, including any
112	112	professional or educational degree held by each employee, a
113	113	statement of any certification under Subchapter B, Chapter 21, held
114	114	by each employee, and any relevant experience of each employee;
115	115	(10) describe the process by which the person
116	116	providing the program will adopt an annual budget;
117	117	(11) describe the manner in which an annual audit of
118	118	the financial and programmatic operations of the program is to be
119	119	conducted, including the manner in which the person providing the
120	120	program will provide information necessary for the school district
121	121	in which the program is located to participate, as required by this
122	122	code or by commissioner rule, in the Public Education Information
123	123	Management System (PEIMS);
124	124	(12) describe the facilities to be used;
125	125	(13) describe the geographical area served by the
126	126	program;
127	127	(14) specify any type of enrollment criteria to be
128	128	used;
129	129	(15) provide information, as determined by the
130	130	commissioner, relating to any management company that will provide
131	131	management services to a school operating under the charter; and
132	132	(16) specify that the governing body of an
133	133	open-enrollment charter school accepts and may not delegate
134	134	ultimate responsibility for the school, including the school's
135	135	academic performance and financial and operational viability, and
136	136	is responsible for overseeing any management company providing
137	137	management services for the school and for holding the management
138	138	company accountable for the school's performance.
139	139	SECTION 4. The heading to Section 12.117, Education Code,
140	140	is amended to read as follows:
141	141	Sec. 12.117. ADMISSION AND ENROLLMENT.
142	142	SECTION 5. Section 12.117, Education Code, is amended by
143	143	amending Subsection (a) to read as follows:
144	144	(a) For admission and enrollment to an open-enrollment
145	145	charter school, the governing body of the school shall:
146	146	(1) require the applicant to complete and submit the
147	147	common admission application form described by Section 12.1173 not
148	148	later than a reasonable deadline the school establishes; and
149	149	(2) on receipt of more acceptable applications for
150	150	admission under this section than available positions in a grade
151	151	level or campus [the school]:
152	152	(A) fill the available positions by lottery; or
153	153	(B) subject to Subsection (b), fill the available
154	154	positions in the order in which applications received before the
155	155	application deadline were received.
156	156	SECTION 6. Section 12.119, Education Code, is amended by
157	157	adding Subsection (b-1) to read as follows:
158	158	(b-1) For purposes of Subsection (b), an officer or member
159	159	of the governing body of an open-enrollment charter school does not
160	160	include an assistant principal or assistant director.
161	161	SECTION 7. Section 12.129, Education Code, is amended by
162	162	amending Subsection (a) and adding Subsection (c) to read as
163	163	follows:
164	164	(a) Except as provided by Subsections [Subsection] (b) and
165	165	(c), a person employed as a principal or a teacher by an
166	166	open-enrollment charter school must hold a baccalaureate degree.
167	167	(c) A person may be employed as a teacher for a noncore
168	168	academic career and technical education course without holding a
169	169	baccalaureate degree if:
170	170	(1) the person meets the qualifications under Section
171	171	21.055(d-1); and
172	172	(2) the governing body and the chief executive officer
173	173	and educational leader of the open-enrollment charter school comply
174	174	with the requirements of Section 21.055(d-1) in the same manner as a
175	175	school district board of trustees and superintendent.
176	176	SECTION 8. This Act applies beginning with the 2025-2026
177	177	school year.
178	178	SECTION 9. This Act takes effect immediately if it receives
179	179	a vote of two-thirds of all the members elected to each house, as
180	180	provided by Section 39, Article III, Texas Constitution. If this
181	181	Act does not receive the vote necessary for immediate effect, this
182	182	Act takes effect September 1, 2025.