JLM C.S.S.B. 519 75(R) BILL ANALYSIS PUBLIC EDUCATION C.S.S.B. 519 By: Bivins (Krusee) 4-21-97 Committee Report (Substituted) BACKGROUND During the 74th legislative session, SB 1, the education code rewrite, included a provision that created open-enrollment charter schools in the State of Texas. SB 1 limited the number of charter schools that could be approved by the State Board of Education to a total of twenty. PURPOSE This legislation would increase the number of open-enrollment charter schools that the State Board of Education may grant and allow the Board to grant an unlimited number of charters for schools with prospective student populations that meet specific criteria. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends section 12.101(b), Education Code, to increase charter school open enrollment cap to 70 in 1997. Amends section 12.101(c), Education Code, to lift cap for schools establishing that 75% of their prospective school population meet certain criteria: Student: (1) has dropped out of school; (2) has received disciplinary actions by the school; (3) has received deferred prosection or probation; (4) has been convicted of criminal offenses; (5) has failed any section of the TAAS twice in a row; (6) did not pass to the next grade level for two or more years; (7) possesses math and reading skills two years below grade level; (8) is pregnant or is a parent; (9) is of limited English proficiency; (10) is sexually, physically, or psychologically abused. Adds section 12.101(d), Education Code, to require eligible entity to establish that student population meets criteria in subsection (c); requires submission of data to Public Education Information Management System(PEIMS). Adds section 12.101(e), Education Code, to require SBOE to consider the following criteria before granting an open enrollment charter: (1) the school must be able to compile performance data of students; (2) must establish performance standards that meet or exceed state standards; (3) must have an educational program that is innovative; and must be able to show how learning objectives will be met; (4) the charter program as a whole must represent diversity in student population, teaching programs, and geographic regions. SECTION 2. Amends section 12.115(a), Education Code, by allowing SBOE to modify, place on probation, revoke or deny renewal of a charter if it fails to maintain student population requirement. SECTION 3. Effective Date. Amends Section 12.101(b), Education Code, to increase charter school open enrollment cap to 120 in 1998. SECTION 4. Immediate Effect of Act. SECTION 5. Emergency Clause. COMPARISON OF ORIGINAL TO SUBSTITUTE SECTION 1 CSSB 519 amends section 12.101(b), Education Code, to increase charter school open enrollment cap to 70 in 1997, whereas SB 519 increases the cap to 50 in 1997. CSSB 519 also adds Section 12.101(c) which allows the State Board of Education to grant an unlimited number of charters to programs that meet specific prospective student requirements. SB 519 has no equivalent provision. SECTION 2. CSSB 519 allows the SBOE to modify, place on probation, revoke or deny renewal of a charter if it fails to maintain student population requirements whereas SB 519 has no equivalent provision. SECTION 3. CSSB 519 effective date is January 1, 1998 for 1998-99 school year, whereas SB 519 effective date was September 1, 1997 for 1997-98 school year. CSSB 519 amends section 12.101(b), Education Code, to increase charter school open enrollment cap to 120 in 1998, whereas SB 519 increased the cap to 80 in 1998.