Floor Packet Page No. 157
      Amend CSSB 4 (House Committee Report) as follows:
      (1) Between the heading of Article 2 and SECTION 2.01 of the
bill (page 35, between lines 15 and 16), insert the following and
renumber subsequent SECTIONS of the article accordingly:
      SECTION 2.01.  Subsection (b), Section 12.110, Education
Code, is amended to read as follows:
      (b) The application form must provide for including:
            (1) the information required under Section 12.111 to be
contained in a charter; and
            (2) evidence of sound financial planning.
      (2) Add the following new SECTION to Article 2 of the bill,
appropriately numbered, and renumber subsequent SECTIONS of the
article accordingly:
      SECTION _____.  Section 12.1011 (a), Education Code, is
amended to read as follows:
      (a) In addition to the other charters authorized under this
subchapter, in accordance with this subchapter the State Board of
Education may grant:
            (1) not more than 150 <100> charters for
open-enrollment charter schools that adopt an express policy
providing for the admission of students eligible for a public
education grant under Subchapter G, Chapter 29; and
            (2) additional charters for open-enrollment charter
schools for which at least 75 percent of the prospective student
population, as specified in the proposed charter, will be students
who have dropped out of school or are at risk of dropping out of
school as defined by Section 29.081.
      (3) Add the following new SECTION, appropriately numbered,
and renumber the subsequent SECTIONS of the bill accordingly:
      SECTION _____.  Section 12.101, Education Code, is amended by
adding Subsection (e) to read as follows:
      (e) The State Board of Education may adopt rules necessary
for the implementation of this subchapter.
      (4) Add the following new SECTION, appropriately numbered,
and renumber subsequent SECTIONS of the bill accordingly:
      SECTION _____.  (a) Subchapter D, Chapter 12, Education Code,
is amended by adding Section 12.1091 to read as follows:
      Sec. 12.1091.  REVIEW PANEL.  (a) A review panel is
established to review applications for charters under this
subchapter.  The review panel is composed of:
            (1) three members appointed by the governor;
            (2) one member of the State Board of Education,
appointed by the presiding officer of the board; and
            (3) one member appointed by the commissioner.
      (b) Members of the review panel serve two-year terms ending
February 1 of odd-numbered years.
      (c) The governor shall designate the presiding officer of the
review panel.
      (d) The review panel shall meet at the call of the presiding
officer.
      (e) A member of the review panel is not entitled to receive
compensation for service on the panel.  A member is entitled to
reimbursement for actual and necessary expenses incurred in
discharging the member's duties as a panel member as provided by
the General Appropriations Act.
      (f) The agency shall provide staff and facilities for the
review panel.
      (g) The review panel shall review each application for a
charter under this subchapter, other than an application for a
charter renewal, according to criteria adopted by the State Board
of Education.  The review panel shall submit each application that
satisfies the criteria to the board for consideration.  The board
may grant or deny an application submitted by the review panel.
The board may not consider an application that is not submitted to
the board by the review panel.
      (b) Section 12.110, Education Code, is amended by adding
Subsection (e) to read as follows:
      (e) The board's decision to approve or deny an application
may not be appealed.
      (c) Sections 12.1091 and 12.110 (e), Education Code, as added
by this section, apply only to an application submitted on or after
the effective date of this Act.  An application submitted before
the effective date of this Act is governed by the law in effect on
the date the application is submitted, and that law is continued in
effect for that purpose.
      (5) Add the following new SECTIONS, appropriately numbered,
and renumber subsequent SECTIONS accordingly:
      SECTION _____.  Section 12.116, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
      (b) The procedure adopted under Subsection (a) must provide
an opportunity for a hearing to the holder of the charter of
<person operating> the open-enrollment charter school and for
receiving testimony from <to> parents and guardians of students in
the school.  <A hearing under this subsection must ne held at the
facility at which the program is operated.>
      (c) Chapter 2001, Government Code, does not apply to a
decision of the board under this section.  A decision of the board
under this section may be appealed to a district court in Travis
county.  A person appealing a decision must serve the commissioner
with citation issued and served in the manner provided by law for
civil suits.  The petition must state the decision subject to the
appeal.  The court shall consider the appeal based on a review of
the record of the board proceedings under a substantial evidence
standard of review.
      SECTION _____.  Subchapter D, Chapter 12, Education code, is
amended by adding Section 12.119 to read as follows:
      Sec. 12.119.  EMERGENCY SUSPENSION.  (a) The commissioner may
temporary withhold funding and suspend the authority of an
open-enrollment charter school to operate based on evidence that
conditions at the school present a danger to the health or safety
of students.
      (b) After the commissioner imposes a suspension under this
section, the open-enrollment charter school may not receive funding
and may not resume operating until a determination is made by the
commissioner of the State Board of Education that:
            (1) despite initial evidence, the conditions at the
school do not present a danger to the health or safety of students;
or
            (2) the conditions at the school that presented a
danger to the health or safety of students have been corrected.
      (c) Not later than the third business day after the date the
commissioner imposes a suspension under this section, the
commissioner must provide an opportunity for a hearing to the
holder of the charter of the open-enrollment charter school.
      (d) If the commissioner does not lift the suspension imposed
under this section, the State Board of Education shall consider the
suspension at the first regularly scheduled meeting of the board
that occurs after the date the suspension is imposed.  At that
meeting the board must lift the suspension or take action under
Section 12.116.
      (6) Add the following new SECTION, appropriately numbered,
and renumber the subsequent SECTIONS of the bill accordingly:
      SECTION _____.  Effective immediately, Section 403.020,
Government Code, is amended to read as follows:
      Sec. 403.020.  SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER
SCHOOL PERFORMANCE <BUDGET> REVIEW. (a) The comptroller may
periodically review the effectiveness and efficiency of the budgets
and operations of school districts and open-enrollment charter
school.
      (b) The comptroller, in consulation with the Texas Education
Agency, regional education service centers, and other educational
organizations, may provide school districts and open-enrollment
charter schools with research material, educational policy
proposals, and technical assistance based on information collected
in conducting reviews under Subsection (a).
      (c) The comptroller shall develop handbooks and provide
training, an Internet website, and other services to school
districts and open-enrollment charter schools to assist the
districts and schools in better managing finances and other
responsibilities.
      (7) In SECTION 3.03 of the bill (page 53, line 4), between
"hereby suspended" and the period, insert ", and that this Act take
effect and be in force according to its terms, and it is so
enacted".