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A BILL TO BE ENTITLED
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AN ACT
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relating to the applicability of educator certification |
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requirements and certain educator rights to charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.056(b), Education Code, is amended to |
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read as follows: |
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(b) A campus or program for which a charter is granted under |
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this subchapter is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) high school graduation under Section 28.025; |
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(D) special education programs under Subchapter |
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A, Chapter 29; |
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(E) bilingual education under Subchapter B, |
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Chapter 29; |
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(F) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(G) extracurricular activities under Section |
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33.081; |
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(H) health and safety under Chapter 38; |
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(I) public school accountability under |
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Subchapters B, C, D, F, and J, Chapter 39, and Chapter 39A; [and] |
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(J) the duty to discharge or refuse to hire |
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certain employees or applicants for employment under Section |
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12.1059; and |
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(K) educator certification under Chapter 21 and |
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educator rights under Sections 21.407, 21.408, and 22.001. |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 262 (H.B. 1597), 464 (S.B. 11), 467 (H.B. 4170), and 943 |
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(H.B. 3), Acts of the 86th Legislature, Regular Session, 2019, is |
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reenacted and amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) the provisions in Chapter 554, Government Code; |
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and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); |
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(T) establishment of residency under Section |
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25.001; |
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(U) [(T)] school safety requirements under |
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Sections 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.115, |
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37.207, and 37.2071; |
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(V) [(T)] the early childhood literacy and |
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mathematics proficiency plans under Section 11.185; [and] |
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(W) [(U)] the college, career, and military |
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readiness plans under Section 11.186; and |
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(X) educator certification under Chapter 21 and |
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educator rights under Sections 21.407, 21.408, and 22.001. |
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SECTION 3. Section 12.1059, Education Code, is amended to |
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read as follows: |
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Sec. 12.1059. REQUIREMENTS FOR EMPLOYMENT OF CERTAIN |
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EMPLOYEES. A person may not be employed by or serve as a teacher, |
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librarian, educational aide, administrator, or school counselor |
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for an open-enrollment charter school unless: |
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(1) the person has been approved by the agency |
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following a review of the person's national criminal history record |
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information as provided by Section 22.0831 [22.0832]; and |
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(2) the school has confirmed that the person is not |
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included in the registry under Section 22.092. |
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SECTION 4. Section 12.111(a), Education Code, is amended to |
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read as follows: |
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(a) Each charter granted under this subchapter must: |
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(1) describe the educational program to be offered, |
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which must include the required curriculum as provided by Section |
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28.002; |
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(2) provide that continuation of the charter is |
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contingent on the status of the charter as determined under Section |
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12.1141 or 12.115 or under Chapter 39A; |
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(3) specify the academic, operational, and financial |
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performance expectations by which a school operating under the |
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charter will be evaluated, which must include applicable elements |
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of the performance frameworks adopted under Section 12.1181; |
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(4) specify: |
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(A) any basis, in addition to a basis specified |
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by this subchapter or Chapter 39A, on which the charter may be |
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revoked, renewal of the charter may be denied, or the charter may be |
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allowed to expire; and |
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(B) the standards for evaluation of a school |
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operating under the charter for purposes of charter renewal, denial |
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of renewal, expiration, revocation, or other intervention in |
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accordance with Section 12.1141 or 12.115 or Chapter 39A, as |
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applicable; |
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(5) prohibit discrimination in admission policy on the |
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basis of sex, national origin, ethnicity, religion, disability, |
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academic, artistic, or athletic ability, or the district the child |
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would otherwise attend in accordance with this code, although the |
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charter may: |
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(A) provide for the exclusion of a student who |
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has a documented history of a criminal offense, a juvenile court |
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adjudication, or discipline problems under Subchapter A, Chapter |
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37; and |
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(B) provide for an admission policy that requires |
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a student to demonstrate artistic ability if the school specializes |
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in performing arts; |
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(6) specify the grade levels to be offered; |
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(7) describe the governing structure of the program, |
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including: |
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(A) the officer positions designated; |
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(B) the manner in which officers are selected and |
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removed from office; |
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(C) the manner in which members of the governing |
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body of the school are selected and removed from office; |
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(D) the manner in which vacancies on that |
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governing body are filled; |
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(E) the term for which members of that governing |
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body serve; and |
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(F) whether the terms are to be staggered; |
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(8) specify the powers or duties of the governing body |
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of the school that the governing body may delegate to an officer; |
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(9) specify the manner in which the school will |
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distribute to parents information related to the qualifications of |
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each professional employee of the program, including any |
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professional or educational degree held by each employee, a |
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statement of the appropriate [any] certification under Subchapter |
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B, Chapter 21, held by each employee, and any relevant experience of |
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each employee; |
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(10) describe the process by which the person |
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providing the program will adopt an annual budget; |
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(11) describe the manner in which an annual audit of |
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the financial and programmatic operations of the program is to be |
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conducted, including the manner in which the person providing the |
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program will provide information necessary for the school district |
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in which the program is located to participate, as required by this |
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code or by commissioner rule, in the Public Education Information |
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Management System (PEIMS); |
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(12) describe the facilities to be used; |
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(13) describe the geographical area served by the |
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program; |
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(14) specify any type of enrollment criteria to be |
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used; |
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(15) provide information, as determined by the |
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commissioner, relating to any management company that will provide |
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management services to a school operating under the charter; and |
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(16) specify that the governing body of an |
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open-enrollment charter school accepts and may not delegate |
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ultimate responsibility for the school, including the school's |
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academic performance and financial and operational viability, and |
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is responsible for overseeing any management company providing |
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management services for the school and for holding the management |
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company accountable for the school's performance. |
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SECTION 5. Section 12.120(a-1), Education Code, is amended |
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to read as follows: |
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(a-1) Notwithstanding Subsection (a), subject to Section |
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12.1059, an open-enrollment charter school may employ a person: |
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(1) as a teacher or educational aide if[: |
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[(A)] a school district could employ the person |
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as a teacher or educational aide; or |
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[(B) a school district could employ the person as |
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a teacher or educational aide if the person held the appropriate |
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certificate issued under Subchapter B, Chapter 21, and the person |
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has never held a certificate issued under Subchapter B, Chapter 21; |
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or] |
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(2) in a position other than a position described by |
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Subdivision (1) if a school district could employ the person in that |
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position. |
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SECTION 6. Section 12.129(a), Education Code, is amended to |
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read as follows: |
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(a) A [Except as provided by Subsection (b), a] person |
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employed as a principal or a teacher by an open-enrollment charter |
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school must hold the appropriate educator certification under |
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Subchapter B, Chapter 21 [a baccalaureate degree]. |
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SECTION 7. Section 22.0837, Education Code, is amended to |
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read as follows: |
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Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD |
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INFORMATION. The agency by rule shall require a person submitting |
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to a national criminal history record information review under |
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Section [22.0832,] 22.0833[,] or 22.0836 to pay a fee for the review |
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in an amount not to exceed the amount of any fee imposed on an |
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applicant for certification under Subchapter B, Chapter 21, for a |
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national criminal history record information review under Section |
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22.0831. The agency or the department may require an entity |
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authorized to collect information for a national criminal history |
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record information review to collect the fee required under this |
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section and to remit the funds collected to the agency. |
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SECTION 8. Section 22.092(c), Education Code, is amended to |
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read as follows: |
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(c) The registry maintained under this section must list the |
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following persons as not eligible to be employed by public schools: |
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(1) [a person determined by the agency under Section |
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22.0832 as a person who would not be eligible for educator |
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certification under Subchapter B, Chapter 21; |
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[(2)] a person determined by the agency to be not |
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eligible for employment based on the person's criminal history |
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record information review, as provided by Section 22.0833; |
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(2) [(3)] a person who is not eligible for employment |
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based on criminal history record information received by the agency |
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under Section 21.058(b); |
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(3) [(4)] a person whose certification or permit |
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issued under Subchapter B, Chapter 21, is revoked by the State Board |
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for Educator Certification on a finding that the person engaged in |
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misconduct described by Section 21.006(b)(2)(A) or (A-1); and |
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(4) [(5)] a person who is determined by the |
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commissioner under Section 22.094 to have engaged in misconduct |
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described by Section 22.093(c)(1)(A) or (B). |
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SECTION 9. The following provisions of the Education Code |
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are repealed: |
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(1) Sections 12.129(b) and 22.0815(c); and |
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(2) Section 22.0832. |
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SECTION 10. (a) Notwithstanding Sections 12.056(b), |
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12.104(b), and 12.129(a), Education Code, as amended by this Act, a |
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person employed by a charter school on the effective date of this |
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Act is not required to comply with the changes in law made by this |
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Act until the beginning of the 2023-2024 school year. |
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(b) Except as provided by Subsection (a) of this section, |
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this Act applies beginning with the 2021-2022 school year. |
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SECTION 11. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 12. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2021. |