75R11027 ESH-D                          

         By Bivins, et al.                                      S.B. No. 519

         Substitute the following for S.B. No. 519:

         By Williamson                                      C.S.S.B. No. 519

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the issuance of charters for open-enrollment charter

 1-3     schools by the State Board of Education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 12.101, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 12.101.  AUTHORIZATION.  (a)  In accordance with this

 1-8     subchapter, the State Board of Education may grant a charter on the

 1-9     application of an eligible entity for an open-enrollment charter

1-10     school to operate in a facility of a commercial or nonprofit entity

1-11     or a school district, including a home-rule school district.  In

1-12     this section [subsection], "eligible entity" means:

1-13                 (1)  an institution of higher education as defined

1-14     under Section 61.003;

1-15                 (2)  a private or independent institution of higher

1-16     education as defined under Section 61.003;

1-17                 (3)  an organization that is exempt from taxation under

1-18     Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section

1-19     501(c)(3)); or

1-20                 (4)  a governmental entity.

1-21           (b)  Except as provided by Subsection (c), the [The] State

1-22     Board of Education may not grant a total of more than 70   [20]

1-23     charters for an open-enrollment charter school.

1-24           (c)  In addition to charters authorized under Subsection (b),

 2-1     the State Board of Education may grant charters for open-enrollment

 2-2     charter schools to eligible entities that establish that at least

 2-3     75 percent of the prospective student population, as specified in

 2-4     the proposed charter, will be students who:

 2-5                 (1)  have dropped out of public school;

 2-6                 (2)  have engaged in conduct in the preceding year that

 2-7     resulted in disciplinary actions authorized or required by Section

 2-8     37.006 or 37.007;

 2-9                 (3)  have engaged in delinquent conduct or conduct

2-10     indicating a need for supervision and have received deferred

2-11     prosecution or are on probation or other conditional release for

2-12     that conduct;

2-13                 (4)  have been convicted of criminal offenses and have

2-14     received deferred adjudication or are on probation or other

2-15     conditional release for the offenses;

2-16                 (5)  have failed to perform satisfactorily on any

2-17     portion of an assessment instrument administered under Section

2-18     39.023(a) or (b) in the two most recent years for which assessment

2-19     scores are available;

2-20                 (6)  have not advanced from one grade level to the next

2-21     for two or more school years;

2-22                 (7)  have mathematics or reading skills that are two or

2-23     more years below grade level;

2-24                 (8)  are pregnant or are parents;

2-25                 (9)  are students of limited English proficiency, as

2-26     defined by Section 29.052; or

2-27                 (10)  are sexually, physically, or psychologically

 3-1     abused.

 3-2           (d)  For purposes of Subsection (c), an eligible entity may

 3-3     establish that at least 75 percent of the student population will

 3-4     meet one of the criteria listed in that subsection by submitting to

 3-5     the board written notices of intent from parents or guardians of

 3-6     students who meet the criteria and who intend to enroll their

 3-7     children in the open-enrollment charter school.  A person granted a

 3-8     charter under Subsection (c) must maintain a student population at

 3-9     least 75 percent of which meets the criteria specified by that

3-10     subsection, and each submission of data under the Public Education

3-11     Information Management System (PEIMS) must indicate that the

3-12     student population requirement of that subsection is met.

3-13           (e)  In determining whether to grant an open-enrollment

3-14     charter, the State Board of Education shall consider whether:

3-15                 (1)  the applicant has demonstrated an ability to

3-16     compile baseline performance data for students to be served by the

3-17     proposed open-enrollment charter school;

3-18                 (2)  the applicant has established performance

3-19     standards for each appropriate academic excellence indicator under

3-20     Section 39.051 that meet or exceed the state standards established

3-21     under that section;

3-22                 (3)  the applicant proposes to provide an educational

3-23     program that is innovative and that includes sufficient

3-24     high-quality features to  indicate that student performance

3-25     objectives will be achieved, including a qualified staff,

3-26     appropriate facilities, student attendance requirements, and an

3-27     instructional program designed to address the required curriculum

 4-1     under Section 28.002; and

 4-2                 (4)  granting the charter will ensure, to the extent

 4-3     possible, that open-enrollment charter schools represent:

 4-4                       (A)  urban, suburban, and rural communities;

 4-5                       (B)  various instructional settings;

 4-6                       (C)  various eligible entities;

 4-7                       (D)  multiple types of innovative programs;

 4-8                       (E)  diverse student populations and programs;

 4-9     and

4-10                       (F)  diverse geographic regions of the state.

4-11           (f)  If the facility to be used for an open-enrollment

4-12     charter school is a school district facility, the school must be

4-13     operated in the facility in accordance with the terms established

4-14     by the board of trustees or other governing body of the district in

4-15     an agreement governing the relationship between the school and the

4-16     district.

4-17           (g) [(d)]  An educator employed by a school district before

4-18     the effective date of a charter for an open-enrollment  charter

4-19     school operated at a school district facility may not be

4-20     transferred to or employed by the open-enrollment charter school

4-21     over the educator's objection.

4-22           SECTION 2.  Section 12.115(a), Education Code, is amended to

4-23     read as follows:

4-24           (a)  The State Board of Education may modify, place on

4-25     probation, revoke, or deny renewal of the charter of an

4-26     open-enrollment charter school if the board determines that the

4-27     person operating the school:

 5-1                 (1)  committed a material violation of the charter,

 5-2     including failure to satisfy accountability provisions prescribed

 5-3     by the charter;

 5-4                 (2)  failed to satisfy generally accepted accounting

 5-5     standards of fiscal management; [or]

 5-6                 (3)  failed to maintain the student population

 5-7     requirement of Section 12.101(c), if the charter was granted under

 5-8     that subsection; or

 5-9                 (4)  failed to comply with this subchapter or another

5-10     applicable law or rule.

5-11           SECTION 3.  Effective January 1, 1998, Section 12.101(b),

5-12     Education Code, is amended to read as follows:

5-13           (b)  Except as provided by Subsection (c), the [The] State

5-14     Board of Education may not grant a total of more than 120 [20]

5-15     charters for an open-enrollment charter school.

5-16           SECTION 4.  Except as otherwise provided by this Act, this

5-17     Act takes effect immediately.

5-18           SECTION 5.  The importance of this legislation and the

5-19     crowded condition of the calendars in both houses create an

5-20     emergency and an imperative public necessity that the

5-21     constitutional rule requiring bills to be read on three several

5-22     days in each house be suspended, and this rule is hereby suspended,

5-23     and that this Act take effect and be in force according to its

5-24     terms, and it is so enacted.