By Hochberg                                            H.B. No. 211
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to compliance by school districts and open-enrollment
 1-3     charter schools with the public information law and the open
 1-4     meetings law and to the governance of an open-enrollment charter
 1-5     school.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  Section 12.105(b), Education Code, is amended to
 1-8     read as follows:
 1-9           (b)  The governing body of the school is considered a
1-10     governmental body for purposes of Chapters 551 and 552, Government
1-11     Code.  Any requirement in those chapters relating to a school
1-12     district, school board, or school children applies to an
1-13     open-enrollment charter school and to children attending an
1-14     open-enrollment school.
1-15           SECTION 2.  Section 12.111, Education Code, is amended to
1-16     read as follows:
1-17           Sec. 12.111.  CONTENT.  Each charter granted under this
1-18     subchapter must:
1-19                 (1)  describe the educational program to be offered,
1-20     which must include the required curriculum as provided by Section
1-21     28.002;
1-22                 (2)  specify the period for which the charter or any
1-23     charter renewal is valid;
1-24                 (3)  provide that continuation or renewal of the
 2-1     charter is contingent on acceptable student performance on
 2-2     assessment instruments adopted under Subchapter B, Chapter 39, and
 2-3     on compliance with any accountability provision specified by the
 2-4     charter, by a deadline or at intervals specified by the charter;
 2-5                 (4)  establish the level of student performance that is
 2-6     considered acceptable for purposes of Subdivision (3);
 2-7                 (5)  specify any basis, in addition to a basis
 2-8     specified by this subchapter, on which the charter may be placed on
 2-9     probation or revoked or on which renewal of the charter may be
2-10     denied;
2-11                 (6)  prohibit discrimination in admission policy on the
2-12     basis of sex, national origin, ethnicity, religion, disability,
2-13     academic or athletic ability, or the district the child would
2-14     otherwise attend in accordance with this code, although the charter
2-15     may provide for the exclusion of a student who has a documented
2-16     history of a criminal offense, a juvenile court adjudication, or
2-17     discipline problems under Subchapter A, Chapter 37;
2-18                 (7)  specify the grade levels to be offered;
2-19                 (8)  describe the governing structure of the program,
2-20     including:
2-21                       (A)  the officer positions designated;
2-22                       (B)  the manner in which officers are selected
2-23     and removed from office;
2-24                       (C)  the manner in which members of the governing
2-25     body are selected and removed from office;
2-26                       (D)  the manner in which vacancies on the
2-27     governing board are filled;
 3-1                       (E)  the term for which members of the governing
 3-2     body serve; and
 3-3                       (F)  whether the terms are to be staggered;
 3-4                 (9)  specify the qualifications to be met by
 3-5     professional employees of the program;
 3-6                 (10)  describe the process by which the person
 3-7     providing the program will adopt an annual budget;
 3-8                 (11)  describe the manner in which an annual audit of
 3-9     the financial and programmatic operations of the program is to be
3-10     conducted, including the manner in which the person providing the
3-11     program will provide information necessary for the school district
3-12     in which the program is located to participate, as required by this
3-13     code or by State Board of Education rule, in the Public Education
3-14     Information Management System (PEIMS);
3-15                 (12)  describe the facilities to be used;
3-16                 (13)  describe the geographical area served by the
3-17     program; and
3-18                 (14)  specify any type of enrollment criteria to be
3-19     used.
3-20           SECTION 3.  Subchapter D, Chapter 12, Education Code, is
3-21     amended by adding Sections 12.119 and 12.120 to read as follows:
3-22           Sec. 12.119.  BYLAWS; ANNUAL REPORT.  (a)  The entity to
3-23     which a charter is granted for an open-enrollment charter school
3-24     shall file with the State Board of Education a copy of its bylaws,
3-25     or a comparable document if the entity does not have bylaws, within
3-26     the period and in the manner prescribed by the board.
3-27           (b)  Each year within the period and in a form prescribed by
 4-1     the State Board of Education, each open-enrollment charter school
 4-2     shall file with the board the following information:
 4-3                 (1)  the name, address, and telephone number of each
 4-4     officer and member of the governing body of the open-enrollment
 4-5     charter school; and
 4-6                 (2)  the amount of annual compensation the
 4-7     open-enrollment charter school pays to each officer and member of
 4-8     the governing body.
 4-9           (c)  On request, the State Board of Education shall provide
4-10     the information required by this section and Section 12.111(8) to a
4-11     member of the public.  The board may charge a reasonable fee to
4-12     cover the board's cost in providing the information.
4-13           Sec. 12.120.  LIMITATION ON SERVING AS OFFICER OR EMPLOYEE.
4-14     A person who has been convicted of a felony or a misdemeanor
4-15     involving moral turpitude may not serve as an officer or member of
4-16     the governing body of an open-enrollment charter school.
4-17           SECTION 4.  Subchapter C, Chapter 552, Government Code, is
4-18     amended by adding Section 552.131 to read as follows:
4-19           Sec. 552.131.  EXCEPTION: CERTAIN INFORMATION HELD BY SCHOOL
4-20     DISTRICT.  (a)  Information held by a school district collected in
4-21     connection with an internal investigation conducted by the district
4-22     is excepted from the requirements of Section 552.021 to the extent
4-23     that the information names or otherwise identifies a student or
4-24     former student or an employee or former employee of the district.
4-25           (b)  Subsection (a) does not apply if:
4-26                 (1)  the student, former student, employee, or former
4-27     employee was the person on whom the internal investigation focused
 5-1     or whose conduct was at issue; or
 5-2                 (2)  the student or former student, or the parent,
 5-3     legal guardian, or spouse of the student or former student, or the
 5-4     employee or former employee consents to disclosure of the person's
 5-5     name.
 5-6           (c)  Information excepted under Subsection (a)  shall be made
 5-7     available to a law enforcement agency or prosecutor for official
 5-8     purposes on the request of the agency or prosecutor.
 5-9           (d)  This section does not infringe on or impair the
5-10     informer's privilege recognized and applied as making information
5-11     confidential under Section 552.108.
5-12           SECTION 5.  Subchapter H, Chapter 552, Government Code, is
5-13     amended by adding Section 552.3241 to read as follows:
5-14           Sec. 552.3241.  APPEAL BY SCHOOL DISTRICT OR OPEN-ENROLLMENT
5-15     CHARTER SCHOOL PROHIBITED.  Notwithstanding any other provision in
5-16     this chapter, a school district or an open-enrollment charter
5-17     school, or the officer for public information or other agent of the
5-18     district or school, may not file a suit challenging a decision of
5-19     the attorney general issued under Subchapter G or otherwise seeking
5-20     relief from compliance with the decision.  This section applies
5-21     only to information that:
5-22                 (1)  relates to a student or former student of the
5-23     school district or school; and
5-24                 (2)  is requested from the school district or school by
5-25     a parent or guardian of the student or former student.
5-26           SECTION 6.  Section 552.3241, Government Code, as added by
5-27     this Act, applies only to a decision of the attorney general issued
 6-1     on or after the effective date of this Act.
 6-2           SECTION 7.  Section 26.007(b), Education Code, is amended to
 6-3     read as follows:
 6-4           (b)  A board of trustees of a school district must hold each
 6-5     public meeting of the board within the boundaries of the district
 6-6     except as required by law or except to hold a joint meeting with
 6-7     another district or with another governmental entity, as defined by
 6-8     Section 2051.041, Government Code, if the boundaries of the
 6-9     governmental entity are in whole or in part within the boundaries
6-10     of the district.  All public meetings must comply with Chapter 551,
6-11     Government Code.
6-12           SECTION 8.  (a)  Each open-enrollment charter school for
6-13     which a charter is granted before September 1, 1999, shall revise
6-14     its charter as necessary to comply with Section 12.111, Education
6-15     Code, as amended by this Act, not later than January 1, 2000.
6-16           (b)  The entity to which a charter for an open-enrollment
6-17     charter school is granted before September 1, 1999, shall file a
6-18     copy of its bylaws or other document as required by Section
6-19     12.119(a), Education Code, as added by this Act, not later than
6-20     January 1, 2000.
6-21           SECTION 9.  The importance of this legislation and the
6-22     crowded condition of the calendars in both houses create an
6-23     emergency and an imperative public necessity that the
6-24     constitutional rule requiring bills to be read on three several
6-25     days in each house be suspended, and this rule is hereby suspended,
6-26     and that this Act take effect and be in force from and after its
6-27     passage, and it is so enacted.