88R361 CAE-F

By: Bernal H.B. No. 263

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 18 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.

SECTION 5. This Act takes effect September 1, 2023.