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.