SRC-SLL H.B. 211 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 211
By: Hochberg (Sibley)
Education
5/13/1999
Engrossed


DIGEST 

Some school districts and open-enrollment charter schools disagree with
certain decisions made by the attorney general with respect to public
information.  Districts or schools that disagree with those opinions may
appeal up to the supreme court level, which may cause added costs to
taxpayers. H.B. 211 prohibits a school district or open-enrollment charter
school from filing a suit challenging an attorney general's decision
relating to decisions regarding requests for public information or from
seeking relief from compliance with such a decision.  This bill also
requires the commissioner of education to suspend funding to any district
or school failing to comply with an attorney general's decision.  

PURPOSE

As proposed, H.B. 211 sets forth provisions regarding compliance by school
districts and openenrollment charter schools with the public information
law and the open meetings law and to the governance of an open-enrollment
charter school. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.105(b), Education Code, to provide that any
requirement in Chapters 551 and 552, Government Code, relating to a school
district, school board, or school children applies to an open-enrollment
charter school (charter school) and to children attending an
open-enrollment school. 

SECTION 2.  Amends Section 12.111, Education Code, to require each charter
granted under this subchapter to describe the governing structure of the
program, including certain information.   

SECTION 3.  Amends Chapter 12D, Education Code, by adding Sections 12.119
and 12.120, as follows: 

Sec.  12.119.  BYLAWS; ANNUAL REPORT.  Requires the entity to which a
charter is granted for a charter school to file with the State Board of
Education (board) a copy of its bylaws, or a comparable document it the
entity does not have bylaws, within the period and manner prescribed by the
board.  Requires each charter school to file certain information with the
board each year within the period and on a prescribed form.  Requires the
board to provide certain information to a member of the public, on request.
Authorizes the board to charge a reasonable fee to cover the board's cost
in providing the information. 

Sec.  12.120.  LIMITATION ON SERVING AS OFFICER OR EMPLOYEE.  Prohibits a
person who has been convicted of a felony or a misdemeanor involving moral
turpitude from serving as an officer or member of the governing body of a
charter school. 

SECTION 4.  Amends Chapter 552C, Government Code, by adding Section
552.131,  as follows: 

Sec.  552.131.  EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL  DISTRICT.
Provides that certain information held by a school district is excepted
from the requirements of Section 552.021 to the extent the information
names or otherwise identifies a student or former student or an employee or
former employee of the district.  Sets forth circumstances under which
Subsection (a) does not apply.  Requires information excepted under
Subsection (a) to be made available to a law enforcement agency or
prosecutor for official purposes on the request of the agency or
prosecutor.  Provides that this section does not infringe on or impair the
informer's privilege recognized and applied as making information
confidential under Section 552.108. 

SECTION 5.  Amends Chapter 552H, Government Code, by adding Section
552.3241, as follows: 

Sec.  552.3241.  APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT CHARTER
SCHOOL PROHIBITED.    Prohibits certain entities and persons,
notwithstanding any other provision of this chapter, from filing a suit
challenging a decision of the attorney general issued under Subchapter G or
otherwise seeking relief from compliance with a decision.  Provides that
this section applies only to certain information. 

SECTION  6. Makes application of Section 552.3241, Government Code, as
added by this Act, prospective.  

SECTION 7.  Amends Section 26.007(b), Education Code, to require a board of
trustees of a school district to hold each public meeting in a certain area
except as required by law or except to hold a joint meeting with another
governmental entity, if the boundaries of the governmental entity are in
whole or in part within the boundaries of the district. 

SECTION 8.  Requires each charter school for which a charter is granted
before September 1, 1999, to revise its charter as necessary to comply with
Section 12.111, Education Code, as amended by this Act, not later than
January 1, 2000.  Requires the entity to which a charter is granted before
September 1, 1999, to file a copy of its bylaws or other document not later
than January 1, 2000. 

SECTION 9.  Emergency clause.
            Effective date: upon passage.