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A BILL TO BE ENTITLED
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AN ACT
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relating to the locations at which a new open-enrollment charter |
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school or campus may be established. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.101(b-4), Education Code, is amended |
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to read as follows: |
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(b-4) Notwithstanding Section 12.114, approval of the |
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commissioner under that section is not required for establishment |
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of a new open-enrollment charter school campus if the requirements |
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of this subsection are satisfied. A charter holder having an |
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accreditation status of accredited and at least 50 percent of its |
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student population in grades assessed under Subchapter B, Chapter |
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39, or at least 50 percent of the students in the grades assessed |
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having been enrolled in the school for at least three school years |
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may establish one or more new campuses under an existing charter |
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held by the charter holder if: |
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(1) the charter holder is currently evaluated under |
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the standard accountability procedures for evaluation under |
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Chapter 39 and received a district rating in the highest or second |
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highest performance rating category under Subchapter C, Chapter 39, |
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for three of the last five years with at least 75 percent of the |
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campuses rated under the charter also receiving a rating in the |
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highest or second highest performance rating category and with no |
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campus with a rating in the lowest performance rating category in |
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the most recent ratings; |
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(2) the new campus will not be located within five |
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miles of a school district's or open-enrollment charter school's |
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campus that is assigned an overall performance rating of B or higher |
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under Section 39.054 for the preceding school year; |
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(3) the charter holder provides written notice to the |
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commissioner of the establishment of any campus under this |
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subsection in the time, manner, and form provided by rule of the |
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commissioner; and |
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(4) [(3)] not later than the 60th day after the date |
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the charter holder provides written notice under Subdivision (3) |
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[(2)], the commissioner does not provide written notice to the |
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charter holder that the commissioner has determined that the |
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charter holder does not satisfy the requirements of this section. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1152 to read as follows: |
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Sec. 12.1152. LOCATION OF CERTAIN OPEN-ENROLLMENT CHARTER |
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SCHOOLS. Notwithstanding any other provision of this subchapter, |
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the commissioner may not grant a charter for an open-enrollment |
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charter school under this subchapter or approve a request for an |
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expansion amendment to establish a new open-enrollment charter |
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school campus under Section 12.114 for a school or campus that would |
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be located within five miles of a school district's or |
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open-enrollment charter school's campus that is assigned an overall |
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performance rating of B or higher under Section 39.054 for the |
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preceding school year. |
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SECTION 3. (a) Section 12.101(b-4), Education Code, as |
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amended by this Act, applies only to a new open-enrollment charter |
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school campus established on or after the effective date of this |
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Act. |
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(b) Section 12.1152, Education Code, as added by this Act, |
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applies only to an application for a charter for an open-enrollment |
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charter school or a request for approval of an expansion amendment |
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to establish a new open-enrollment charter school campus submitted |
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on or after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2021. |