By Grusendorf H.B. No. 2277
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to school charters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 2, Education Code, is amended by adding
1-5 Chapter 37 to read as follows:
1-6 CHAPTER 37. SCHOOL CHARTERS
1-7 SUBCHAPTER A. HOME-RULE CHARTER
1-8 Sec. 37.001. AUTHORIZATION. In accordance with this
1-9 subchapter, a school district may adopt a home-rule charter under
1-10 which the district will operate.
1-11 Sec. 37.002. AUTHORITY UNDER CHARTER. A school district
1-12 operating under a home-rule charter:
1-13 (1) is exempt from a state law or rule imposing a
1-14 prohibition, restriction, or requirement on public schools or
1-15 school districts, except as otherwise provided by this subchapter
1-16 or by the charter under which the district operates;
1-17 (2) retains the authority to operate under the
1-18 home-rule charter only if the performance of district students is
1-19 satisfactory under Subchapter B, Chapter 35; and
1-20 (3) is exempt from any statute enacted by the
1-21 legislature after the date of the district's home-rule charter
1-22 election unless the legislature by a two-thirds record vote of each
1-23 house specifically declares that the statute applies to a home-rule
2-1 school district. Neither the State Board of Education nor the
2-2 commissioner may adopt any rule applicable to a home-rule school
2-3 district unless the statute authorizing the rule specifically
2-4 declares that it applies to a home-rule school district as provided
2-5 by this subsection. A home-rule school district is not subject to
2-6 any rule adopted by the State Board of Education unless the rule is
2-7 approved on final adoption by a two-thirds record vote of the full
2-8 membership of the board.
2-9 Sec. 37.003. LIMITATION ON EXEMPTION. (a) A school
2-10 district is not exempt under a home-rule charter from:
2-11 (1) Subchapters C, D, F, G, and H, Chapter 16;
2-12 (2) Chapter 20;
2-13 (3) Chapter 36;
2-14 (4) Subchapters B, E, and F, Chapter 35; or
2-15 (5) a state law or rule:
2-16 (A) establishing a criminal offense;
2-17 (B) relating to the Public Education Information
2-18 Management System (PEIMS) only as necessary to monitor compliance
2-19 with the provisions set forth in subsections 37.003(1), (2), and
2-20 (3) above; or
2-21 (C) relating to one or more types of
2-22 governmental entities in addition to school districts.
2-23 (b) For purposes of student admissions and the Teacher
2-24 Retirement System of Texas, a home-rule school district has the
2-25 same duties and entitlements as a school district that has not
3-1 adopted a home-rule charter.
3-2 Sec. 37.004. APPOINTMENT OF CHARTER COMMISSION. The board
3-3 of trustees of a school district shall appoint a charter commission
3-4 to frame a home-rule charter if:
3-5 (1) the board receives a petition requesting the
3-6 appointment of a charter commission to frame a home-rule charter
3-7 signed by a number of registered voters of the district equal to at
3-8 least 5 percent of the number of votes received in the district by
3-9 all candidates for governor in the most recent gubernatorial
3-10 general election; or
3-11 (2) at least two-thirds of the total membership of the
3-12 board adopt a resolution ordering that a charter commission be
3-13 appointed.
3-14 Sec. 37.005. CHARTER COMMISSION. (a) Not later than the
3-15 30th day after the date the board of trustees of a school district
3-16 receives a petition satisfying the requirements of Section
3-17 37.004(1) requesting the appointment of a charter commission or the
3-18 board adopts a resolution in accordance with Section 37.004(2)
3-19 ordering the appointment of a charter commission, the board shall
3-20 appoint residents of the district to serve on the commission to
3-21 frame a charter for the district.
3-22 (b) A majority of the members appointed to the commission
3-23 must be residents of the district who are parents of school-age
3-24 children.
3-25 (c) the board of trustees may establish a deadline by which
4-1 the charter commission must complete a proposed charter.
4-2 Sec. 37.006. CONTENT. Each home-rule school district
4-3 charter must:
4-4 (1) describe the educational program to be offered;
4-5 (2) provide that continuation of the home-rule charter
4-6 is contingent on satisfactory student performance under Subchapter
4-7 B, Chapter 35, and on compliance with any accountability provision
4-8 specified by the charter, by a deadline or at intervals specified
4-9 by the charter;
4-10 (3) specify any basis, in addition to a basis
4-11 specified by this subchapter, on which the charter may be placed on
4-12 probation, suspended, or revoked;
4-13 (4) describe the governing structure of the district
4-14 and campuses;
4-15 (5) specify the qualifications to be met by
4-16 professional employees;
4-17 (6) specify a procedure the district will follow to
4-18 ensure the health and safety of students and employees that
4-19 includes a requirement that the district obtain a criminal history
4-20 record for each employee as provided by Section 21.917;
4-21 (7) describe the process by which the district will
4-22 adopt an annual budget;
4-23 (8) describe the manner in which an annual audit of
4-24 financial and programmatic operations of the district is to be
4-25 conducted, including the manner in which the district will provide
5-1 information necessary for the district to participate in the Public
5-2 Education Information Management System (PEIMS); and
5-3 (9) specify the extent to which Chapter 19 applies to
5-4 the district.
5-5 (10) include any other provisions considered necessary
5-6 by the charter commission.
5-7 Sec. 37.007. CHARTER REVIEW. Upon completion of the
5-8 proposed charter by the commission, the school district's legal
5-9 counsel shall review the charter to ensure that it complies with
5-10 the requirements of any applicable laws. Counsel shall make
5-11 recommendations to the commission regarding compliance with legal
5-12 requirements.
5-13 Sec. 37.008. CHARTER ELECTION. (a) As soon as practicable
5-14 after the charter commission completes a proposed home-rule school
5-15 district charter, the board of trustees of the district shall order
5-16 an election on the proposed charter.
5-17 (b) The proposed charter shall be submitted to the voters of
5-18 the district at an election to be held on the first uniform
5-19 election date that occurs at least 45 days after the date on which
5-20 the board of trustees orders the election.
5-21 (c) At least three copies of the proposed charter must be
5-22 available in the office of each school campus in the district and
5-23 at the district's central administrative office between the date of
5-24 the election order and election day. Notice of the election must
5-25 include a statement informing voters that the copies are available.
6-1 Sec. 37.009. CHARTER AMENDMENT. (a) The board of trustees
6-2 of a home-rule school district on its own motion may order an
6-3 election on a proposed charter amendment that complies with this
6-4 subchapter.
6-5 (b) The board of trustees shall order an election on a
6-6 proposed charter amendment that complies with this subchapter if a
6-7 petition is submitted to the board proposing the charter amendment
6-8 is signed by a number of registered voters of the district equal to
6-9 at least five percent of the number of votes received in the
6-10 district by all candidates for governor in the most recent
6-11 gubernatorial general election.
6-12 (c) An election under this section shall be held on the
6-13 first uniform election date that occurs at least 45 days after the
6-14 date the election is ordered.
6-15 (d) Notice of the election must include a substantial copy
6-16 of the proposed charter amendment.
6-17 (e) A charter amendment may not contain more than one
6-18 subject.
6-19 (f) The ballot shall be prepared so that a voter may approve
6-20 or disapprove any one or more charter amendments without having to
6-21 approve or disapprove all of the charter amendments.
6-22 (g) The board of trustees may not order an election on a
6-23 proposed charter amendment earlier than the second anniversary of
6-24 the date of any previous election to amend the charter.
6-25 Sec. 37.010. ADOPTION OF CHARTER OR CHARTER AMENDMENT. (a)
7-1 A proposed home-rule charter for a school district or a proposed
7-2 charter amendment is adopted if approved by a majority of the
7-3 qualified voters of the district voting at an election held for
7-4 that purpose.
7-5 (b) A charter or charter amendment shall specify an
7-6 effective date and takes effect according to its terms when the
7-7 board of trustees of the school district enters an order declaring
7-8 that the charter or charter amendment is adopted. The board shall
7-9 enter an order not later than the 10th day after the date the
7-10 canvass of the election returns is completed.
7-11 Sec. 37.011. CERTIFICATION OF CHARTER OR CHARTER AMENDMENT.
7-12 (a) As soon as practicable after a school district adopts a
7-13 home-rule charter or charter amendment, the president of the board
7-14 of trustees shall certify to the secretary of state a copy of the
7-15 charter or amendment showing the approval by the voters of the
7-16 district.
7-17 (b) The secretary of state shall file and record the
7-18 certification in the secretary of state's office.
7-19 Sec. 37.012. EFFECT OF RECORDING CHARTER OR AMENDMENT. A
7-20 recorded charter or charter amendment is a public act. A court
7-21 shall take judicial notice of a charter or charter amendment and
7-22 proof is not required of its provisions.
7-23 Sec. 37.013. CHANGE IN GOVERNING BODY. If the adoption,
7-24 amendment, or revocation of a charter under this subchapter changes
7-25 the structure of the governing body of the school district, the
8-1 members of the governing body serving on the date the adoption,
8-2 amendment, or revocation takes effect continue in office until
8-3 their successors are chosen and have qualified for office.
8-4 Sec. 37.014. BASIS FOR PLACEMENT ON PROBATION, SUSPENSION,
8-5 OR REVOCATION OF CHARTER. (a) The State Board of Education may
8-6 place on probation, suspend, or revoke the home-rule charter of a
8-7 school district if the board determines that the district:
8-8 (1) committed a material violation of the charter;
8-9 (2) failed to satisfy generally accepted accounting
8-10 standards of fiscal management; or
8-11 (3) failed to comply with this subchapter, another
8-12 law, or a state agency rule.
8-13 (b) The action the board takes under Subsection (a) shall be
8-14 based on the best interest of district students, the severity of
8-15 the violation, and any previous violation the district has
8-16 committed.
8-17 (c) A school district whose home-rule charter is suspended
8-18 or revoked under this subchapter shall operate under the other
8-19 provisions of Title 1 and this title that apply to school
8-20 districts.
8-21 Sec. 37.015. PROCEDURE FOR PLACEMENT ON PROBATION,
8-22 SUSPENSION, OR REVOCATION. (a) The State Board of Education by
8-23 rule shall adopt a procedure to be used for placing on probation,
8-24 suspending, or revoking a home-rule school district charter.
8-25 (b) The procedure adopted under Subsection (a) must provide
9-1 an opportunity for a hearing to the school district and to parents
9-2 of district students. A hearing under this subsection must be held
9-3 in the district.
9-4 (Sections 37.016-37.030 reserved for expansion
9-5 SUBCHAPTER B. CHARTER FOR CAMPUS OR PROGRAM ON CAMPUS
9-6 Sec. 37.031. AUTHORIZATION. The board of trustees of a
9-7 school district shall grant a charter to parents and teachers for a
9-8 school campus or for a separately operating program on a regularly
9-9 operating school campus if the board is presented with a petition
9-10 signed by:
9-11 (1) a majority of the parents at that school campus;
9-12 and
9-13 (2) in the case of an existing school campus, a
9-14 majority of the classroom teachers at that school campus.
9-15 Sec. 37.032. COOPERATIVE CAMPUS CHARTERS. Two or more
9-16 campuses are authorized and encouraged to seek a cooperative
9-17 charter, provided that the charter is approved on each campus in
9-18 the manner described in Section 37.031.
9-19 Sec. 37.033. AUTHORITY UNDER CHARTER. A campus or program
9-20 for which a charter is granted under this subchapter:
9-21 (1) is exempt from a state law or rule imposing a
9-22 prohibition, restriction, or requirement on public schools, except
9-23 as otherwise provided by this subchapter or by the charter under
9-24 which the campus or program operates;
9-25 (2) is exempt from the rules and policies of the
10-1 school district board of trustees that are specifically described
10-2 in the charter; and
10-3 (3) retains authority to operate under the charter
10-4 only if students at the campus or in the program perform
10-5 satisfactorily as provided by the charter in accordance with
10-6 Section 37.035.
10-7 Sec. 37.034. LIMITATION ON EXEMPTION. A campus or program
10-8 operating under a charter granted under this subchapter is not
10-9 exempt from a state law or rule:
10-10 (1) establishing a criminal offense;
10-11 (2) relating to the Public Education Information
10-12 Management System (PEIMS); or
10-13 (3) relating to one or more types of governmental
10-14 entities in addition to schools or school programs specifically.
10-15 Sec. 37.035. STATUS. (a) A campus or program granted a
10-16 charter under this subchapter operates in accordance with the
10-17 provisions of the charter.
10-18 (b) Any governing body of the campus or program provided for
10-19 under the charter is considered a governmental body for purposes of
10-20 Chapters 551 and 552, Government Code.
10-21 (c) An employee of a campus or program granted a charter
10-22 under this subchapter who qualifies for membership in the Teacher
10-23 Retirement System of Texas shall be covered under that system in
10-24 the same manner and to the same extent as a qualified employee
10-25 employed on a regularly operating campus or in a regularly
11-1 operating program is covered.
11-2 Sec. 37.036. CONTENT. Each charter granted under this
11-3 subchapter must;
11-4 (1) describe the educational program to be offered,
11-5 which may be a general or specialized program;
11-6 (2) provide that continuation of the charter is
11-7 contingent on satisfactory student performance under Subchapter B,
11-8 Chapter 35, and on compliance with any accountability provision
11-9 specified by the charter, by a deadline or at intervals specified
11-10 by the charter;
11-11 (3) specify any basis, in addition to a basis
11-12 specified by this subchapter, on which the charter may be placed on
11-13 probation suspended, or revoked;
11-14 (4) prohibit discrimination in admission on the basis
11-15 of national origin, ethnicity, race, religion, or disability;
11-16 (5) describe the governing structure of the campus or
11-17 program;
11-18 (6) specify a procedure that the campus or program
11-19 will follow to ensure the health and safety of students and
11-20 employees that includes a requirement that the campus or program
11-21 obtain a criminal history record for each employee as provided by
11-22 Section 21.917; and
11-23 (7) describe the manner in which an annual audit of
11-24 financial and programmatic operations of the campus or program is
11-25 to be conducted, including the manner in which the campus or
12-1 program will provide information necessary for the school district
12-2 in which it is located to participate, as required by this code or
12-3 by State Board of Education rule, in the Public Education
12-4 Information Management System (PEIMS).
12-5 Sec. 37.037. FORM. A charter shall be in the form of a
12-6 written contract signed by the president of the board of trustees
12-7 granting the charter and the chief operating officer of the campus
12-8 or program for which the charter is granted.
12-9 Sec. 37.038. CHARTER GRANTED. Each charter a board of
12-10 trustees grants under this subchapter must:
12-11 (1) satisfy this subchapter; and
12-12 (2) include the information that is required under
12-13 Section 37.035 consistent with the information provided in the
12-14 application and any modification the commissioner requires.
12-15 Sec. 37.039. REVISION. A revision of a charter granted
12-16 under the subchapter may be made only with the approval of the
12-17 board of trustees that granted the charter.
12-18 Sec. 37.040. BASIS FOR PLACEMENT ON PROBATION, SUSPENSION,
12-19 OR REVOCATION. (a) A board of trustees of a school district may
12-20 place on probation, suspend, or revoke a charter it grants if the
12-21 board determines that the campus or program:
12-22 (1) committed a material violation of the charter;
12-23 (2) failed to satisfy generally accepted accounting
12-24 standards of fiscal management; or
12-25 (3) failed to comply with this subchapter, another
13-1 law, or a state agency rule.
13-2 (b) The action the board takes under Subsection (a) shall be
13-3 based on the best interest of campus or program students, the
13-4 severity of the violation, and any previous violation the campus or
13-5 program has committed.
13-6 Sec. 37.041. PROCEDURE FOR PLACEMENT ON PROBATION,
13-7 SUSPENSION, OR REVOCATION. (a) Each board of trustees of a school
13-8 district that grants a charter under this subchapter shall adopt a
13-9 procedure to be used for placing on probation, suspending, or
13-10 revoking a charter it grants.
13-11 (b) The procedure adopted under Subsection (a) must provide
13-12 an opportunity for a hearing to the campus or program for which a
13-13 charter is granted under this subchapter and to parents and
13-14 guardians of students at the campus or in the program. A hearing
13-15 under this subsection must be held on the campus.
13-16 Sec. 37.042. ADMISSION. (a) Eligibility criteria for
13-17 admission to the campus or program for which a charter is granted
13-18 under this subchapter must give priority to geographic and
13-19 residency considerations, and may give secondary consideration to
13-20 factors such as a student's age, grade level, or academic
13-21 credentials in general or in a specific area, as necessary for the
13-22 type of program offered.
13-23 (b) The campus or program may require an applicant to submit
13-24 an application not later than a reasonable deadline the campus or
13-25 program establishes.
14-1 (Sections 37.043-37.060 reserved for expansion
14-2 SUBCHAPTER C. CHARTER FOR PROGRAM OUTSIDE OF
14-3 SCHOOL DISTRICT FACILITY
14-4 Sec. 37.061. AUTHORIZATION. In accordance with this
14-5 subchapter, a local board of trustees or, on an appeal, the State
14-6 Board of Education may grant a charter on the application of any
14-7 person for an educational program to operate in a facility other
14-8 than a school district facility, including a commercial facility,
14-9 whether the program already exists or will be created.
14-10 Sec. 37.062. AUTHORITY UNDER CHARTER. A program to which a
14-11 charter is issued under this subchapter:
14-12 (1) shall provide instruction to students at one or
14-13 more elementary or secondary grade levels as provided by the
14-14 charter;
14-15 (2) is governed under the governing structure
14-16 described by the charter;
14-17 (3) is exempt from a state law or rule imposing a
14-18 prohibition, restriction, or requirement on public schools, except
14-19 as otherwise provided by this subchapter or by the charter under
14-20 which the program operates; and
14-21 (4) retains authority to operate under the charter
14-22 contingent on satisfactory student performance as provided by the
14-23 charter in accordance with Section 37.069.
14-24 Sec. 37.063. LIMITATION ON EXEMPTION. A program for which a
14-25 charter is granted under this subchapter is subject to the
15-1 limitations on exemptions provided by Section 37.034.
15-2 Sec. 37.064. STATUS. (a) A program for which a charter is
15-3 granted under this subchapter operates independently of any school
15-4 district.
15-5 (b) The governing body of the program is considered a
15-6 governmental body for purposes of Chapters 551 and 552, Government
15-7 Code.
15-8 (c) The program is immune from liability to the same extent
15-9 as a school district, and its employees are immune from liability
15-10 to the same extent as school district employees.
15-11 Sec. 37.065. STATE FUNDING. (a) A program for which a
15-12 charter is granted under this subchapter is entitled to a
15-13 distribution from the available school fund on the same basis that
15-14 a school district receives a distribution.
15-15 (b) A student attending a program for which a charter is
15-16 granted under this subchapter who is eligible under Section 16.003
15-17 is entitled to the benefits of the foundation school program under
15-18 Chapter 16. The commissioner of education shall distribute from
15-19 the foundation school fund to each program an amount equal to the
15-20 cost of a foundation school program provided by the program for
15-21 which the charter is granted as determined under Section 16.251
15-22 less an amount equal to the sum of the program's tuition receipts
15-23 under Section 37.066 plus the program's distribution for the
15-24 available school fund.
15-25 Sec. 37.066. LOCAL FUNDING. (a) A program created under
16-1 this subchapter shall be entitled to receive tuition from the
16-2 school district in which a child attending the program resides.
16-3 Except as provided by Subsection (b), tuition shall be calculated
16-4 by dividing the weighted average daily attendance of the students
16-5 attending the program by the school district's total weighted
16-6 average daily attendance of the students attending the program by
16-7 the school district's total weighted average daily attendance,
16-8 where weighted average daily attendance has the meaning assigned by
16-9 Section 16.302 of the Texas Education Code, and multiply the
16-10 resulting fraction by 80% of the tax revenue actually collected by
16-11 the school district for maintenance and operations purposes for the
16-12 school year for which tuition is paid.
16-13 (b) The tuition to be paid under Subsection (a) by a school
16-14 district with a wealth per student that exceeds the equalized
16-15 wealth level under Chapter 36 shall be based on:
16-16 (1) the district's tax revenue after the district has
16-17 acted to achieve the equalized wealth level under Chapter 36; and
16-18 (2) enrollment, counting:
16-19 (A) one student for each attendance credit
16-20 purchased under Subchapter D, Chapter 36; and
16-21 (B) each student served under an agreement under
16-22 Subchapter E, Chapter 36.
16-23 Sec. 37.067. TUITION RESTRICTED. Except as provided by
16-24 section 37.066, a program for which a charter is granted under this
16-25 subchapter may not charge tuition.
17-1 Sec. 37.068. APPLICATION. (a) A local board of trustees
17-2 shall adopt:
17-3 (1) an application form and a procedure that a program
17-4 must use to apply for a charter under this subchapter; and
17-5 (2) reasonable criteria to use in selecting a program
17-6 to which to grant a charter.
17-7 (b) The application form must provide for including the
17-8 information required under Section 37.069 to be contained in a
17-9 charter.
17-10 (c) As part of the application procedure, a district's board
17-11 of trustees may require a petition supporting a charter for a
17-12 program signed by a specified number of parents or guardians of
17-13 school-age children residing in the area in which a charter program
17-14 is proposed or may hold a public hearing to determine parental
17-15 support for the program.
17-16 (d) A board of trustees may approve or deny an application
17-17 based on reasonable criteria it adopts but approval shall not be
17-18 unreasonably withheld. A board of trustees may establish a limit
17-19 on the number of new charters that it grants each school year.
17-20 Sec. 37.069. CONTENT. Each charter granted under this
17-21 subchapter must:
17-22 (1) describe the educational program to be offered,
17-23 which may be a general or specialized program;
17-24 (2) provide that continuation of the charter is
17-25 contingent on satisfactory student performance under Subchapter B,
18-1 Chapter 35, and on compliance with any other accountability
18-2 provisions specified by the charter, by a deadline or at intervals
18-3 specified by the charter;
18-4 (3) specify any basis, in addition to a basis
18-5 specified by the subchapter, on which the charter may be placed on
18-6 probation, suspended, or revoked;
18-7 (4) prohibit discrimination in admission on the basis
18-8 of national origin, ethnicity, race, religion, or disability;
18-9 (5) describe the governing structure of the program;
18-10 (6) specify a procedure that the person providing the
18-11 program will follow to ensure the health and safety of students and
18-12 employees that includes a requirement that the school obtain a
18-13 criminal history record for each employee as provided by Section
18-14 21.917;
18-15 (7) describe the process by which the person providing
18-16 the program will adopt an annual budget; and
18-17 (8) describe the manner in which an annual audit of
18-18 the financial and programmatic operations of the program is to be
18-19 conducted, including the manner in which the person providing the
18-20 program will provide information necessary for the school district
18-21 in which the program is located to participate, as required by the
18-22 code or by State Board of Education rule, in the Public Education
18-23 Information Management System (PEIMS).
18-24 Sec. 37.070. FORM. A charter granted under this subchapter
18-25 shall be in the form of a written contract signed by the chief
19-1 operating officer of the program and by the chairman of the State
19-2 Board of Education or the president of the local board of trustees
19-3 as applicable.
19-4 Sec. 37.071. CHARTER GRANTED. Each charter a local board of
19-5 trustees grants under this subchapter must:
19-6 (1) satisfy this subchapter; and
19-7 (2) include the information that is required under
19-8 Section 37.069 consistent with the information provided in the
19-9 application and any modification the board requires.
19-10 Sec. 37.072. REVISION. A revision of a charter may be made
19-11 only with the approval of all parties granting the charter.
19-12 Sec. 37.073. BASIS FOR PLACEMENT ON PROBATION, SUSPENSION,
19-13 OR REVOCATION. (a) The local board of trustees may place on
19-14 probation, suspend, or revoke a charter if that body determines
19-15 that the person or persons operating the program:
19-16 (1) committed a material violation of the charter;
19-17 (2) failed to satisfy generally accepted accounting
19-18 standards of fiscal management for the public funds paid to the
19-19 program pursuant to Sections 37.066 and 37.067, or public funds
19-20 received by the program in any other manner; or
19-21 (3) failed to comply with this subchapter, another
19-22 law, or a state agency rule.
19-23 (b) The action the local board of trustees takes under
19-24 Subsection (a) shall be based on the best interest of program
19-25 students, the severity of the violation, and any previous violation
20-1 the program has committed.
20-2 Sec. 37.074. PROCEDURE FOR PLACEMENT ON PROBATION,
20-3 SUSPENSION, OR REVOCATION. (a) The local board of trustees shall
20-4 adopt a procedure to be used for placing on probation, suspending,
20-5 or revoking a charter granted under this subchapter.
20-6 (b) The procedure adopted under Subsection (a) must provide
20-7 an opportunity for a hearing to the person providing a program for
20-8 which a charter is granted under this subchapter and to parents and
20-9 guardians of students in the program. A hearing under this
20-10 subsection must be held at the facility at which the program is
20-11 operated.
20-12 Sec. 37.075. ADMISSION. (a) Eligibility criteria for
20-13 admission to the program for which a charter is granted under this
20-14 subchapter may be established on the basis of a student's age,
20-15 grade level, or academic credentials in general or in a specific
20-16 area, as necessary for the type of program offered.
20-17 (b) For admission to a program for which a charter is
20-18 granted under this subchapter, the person providing the program may
20-19 require the applicant to complete and submit an application not
20-20 later than a reasonable deadline the program establishes.
20-21 Sec. 37.076. APPEAL. If a local board of trustees denies
20-22 the application of a charter submitted in accordance with this
20-23 subchapter, the decision may be appealed to the State Board of
20-24 Education and the board shall accept or reject the application in
20-25 accordance with the provisions governing boards of trustees in this
21-1 subchapter.
21-2 SECTION 2. Not later than April 1, 1996, the State Board of
21-3 Education shall adopt any rules and procedures necessary to
21-4 implement Chapter 37, Education Code, as added by this Act.
21-5 SECTION 3. The importance of this legislation and the
21-6 crowded condition of the calendars in both houses create an
21-7 emergency and an imperative public necessity that the
21-8 constitutional rule requiring bills be read on three several days
21-9 in each house be suspended, and this rule is hereby suspended, and
21-10 that this Act take effect and be in force from and after its
21-11 passage, and it is so enacted.