76R14772 E
By Olivo H.B. No. 2358
Substitute the following for H.B. No. 2358:
By Sadler C.S.H.B. No. 2358
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to open-enrollment charter schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter D, Chapter 12, Education Code, is
1-5 amended by adding Section 12.1012 to read as follows:
1-6 Sec. 12.1012. MORATORIUM ON NEW CHARTERS. (a)
1-7 Notwithstanding Sections 12.101 and 12.1011, the State Board of
1-8 Education may not issue a charter for an open-enrollment charter
1-9 school after the effective date of H.B. No. 2358, Acts of the 76th
1-10 Legislature, Regular Session, 1999.
1-11 (b) This section expires September 1, 2001.
1-12 SECTION 2. Section 12.111, Education Code, is amended to
1-13 read as follows:
1-14 Sec. 12.111. Content. Each charter granted under this
1-15 subchapter must:
1-16 (1) describe the educational program to be offered,
1-17 which must include the required curriculum as provided by Section
1-18 28.002;
1-19 (2) specify the period for which the charter or any
1-20 charter renewal is valid;
1-21 (3) provide that continuation or renewal of the
1-22 charter is contingent on acceptable student performance on
1-23 assessment instruments adopted under Subchapter B, Chapter 39, and
1-24 on compliance with any accountability provision specified by the
2-1 charter, by a deadline or at intervals specified by the charter;
2-2 (4) establish the level of student performance that is
2-3 considered acceptable for purposes of Subdivision (3);
2-4 (5) specify any basis, in addition to a basis
2-5 specified by this subchapter, on which the charter may be placed on
2-6 probation or revoked or on which renewal of the charter may be
2-7 denied;
2-8 (6) prohibit discrimination in admission policy on the
2-9 basis of sex, national origin, ethnicity, religion, disability,
2-10 academic or athletic ability, or the district the child would
2-11 otherwise attend in accordance with this code, although the charter
2-12 may provide for the exclusion of a student who has a documented
2-13 history of a criminal offense, a juvenile court adjudication, or
2-14 discipline problems under Subchapter A, Chapter 37;
2-15 (7) specify the grade levels to be offered;
2-16 (8) describe the governing structure of the program,
2-17 including:
2-18 (A) the officer positions designated;
2-19 (B) the manner in which officers are selected;
2-20 (C) the manner in which members of the governing
2-21 body are elected or appointed;
2-22 (D) the manner in which vacancies on the
2-23 governing board are filled;
2-24 (E) the term for which members of the governing
2-25 body serve; and
2-26 (F) whether the terms are to be staggered;
2-27 (9) specify the qualifications to be met by
3-1 professional employees of the program;
3-2 (10) describe the process by which the person
3-3 providing the program will adopt an annual budget;
3-4 (11) describe the manner in which an annual audit of
3-5 the financial and programmatic operations of the program is to be
3-6 conducted, including the manner in which the person providing the
3-7 program will provide information necessary for the school district
3-8 in which the program is located to participate, as required by this
3-9 code or by State Board of Education rule, in the Public Education
3-10 Information Management System (PEIMS);
3-11 (12) describe the facilities to be used;
3-12 (13) describe the geographical area served by the
3-13 program; and
3-14 (14) specify any type of enrollment criteria to be
3-15 used.
3-16 SECTION 3. Section 12.118, Education Code, is amended by
3-17 amending Subsection (b) and adding Subsection (d) to read as
3-18 follows:
3-19 (b) An evaluation under this section, before implementing
3-20 the charter and after implementing the charter, as applicable,
3-21 must:
3-22 (1) emphasize:
3-23 (A) students' scores on assessment instruments
3-24 administered under Subchapter B, Chapter 39; and
3-25 (B) the rate at which eligible students reenroll
3-26 in the school from year to year; and
3-27 (2) include consideration of the following items
4-1 [before implementing the charter and after implementing the
4-2 charter]:
4-3 (A) [(1) students' scores on assessment
4-4 instruments administered under Subchapter B, Chapter 39;]
4-5 [(2)] student attendance;
4-6 (B) [(3)] students' grades;
4-7 (C) [(4)] incidents involving student
4-8 discipline;
4-9 (D) [(5)] socioeconomic data on students'
4-10 families;
4-11 (E) [(6)] parents' satisfaction with their
4-12 children's schools; and
4-13 (F) [(7)] students' satisfaction with their
4-14 schools.
4-15 (d) Notwithstanding Subsection (a), the agency shall conduct
4-16 an evaluation under this section of each open-enrollment charter
4-17 school. Not later than December 1, 2000, the agency shall prepare
4-18 and deliver a report of the results of the evaluations conducted
4-19 under this subsection to the governor, lieutenant governor, and
4-20 each member of the legislature. This subsection expires September
4-21 1, 2001.
4-22 SECTION 4. Subchapter D, Chapter 12, Education Code, is
4-23 amended by adding Sections 12.119, 12.120, and 12.121 to read as
4-24 follows:
4-25 Sec. 12.119. FINANCIAL AUDITS. (a) An open-enrollment
4-26 charter school is subject to the financial audit requirements of
4-27 Section 44.008.
5-1 (b) The state auditor shall monitor the oversight by the
5-2 State Board of Education of open-enrollment charter schools.
5-3 Sec. 12.120. BYLAWS; ANNUAL REPORT. (a) The entity to
5-4 which a charter is granted for an open-enrollment charter school
5-5 shall file with the State Board of Education a copy of its bylaws,
5-6 or a comparable document if the entity does not have bylaws, within
5-7 the period and in the manner prescribed by the board.
5-8 (b) Each year within the period and in a form prescribed by
5-9 the State Board of Education, each open-enrollment charter school
5-10 shall file with the board the following information:
5-11 (1) the name, address, and telephone number of each
5-12 officer and member of the governing body of the open-enrollment
5-13 charter school; and
5-14 (2) the amount of annual compensation the
5-15 open-enrollment charter school pays to each officer and member of
5-16 the governing body.
5-17 (c) On request, the State Board of Education shall provide
5-18 the information required by this section and Section 12.111(8) to a
5-19 member of the public. The board may charge a reasonable fee to
5-20 cover the board's cost in providing the information.
5-21 Sec. 12.121. LIMITATION ON SERVING AS OFFICER OR EMPLOYEE.
5-22 A person who has been convicted of a felony or a misdemeanor
5-23 involving moral turpitude may not serve as an officer or member of
5-24 the governing body of an open-enrollment charter school.
5-25 SECTION 5. (a) This Act takes effect September 1, 1999,
5-26 except that Section 1 of this Act and this section take effect
5-27 immediately.
6-1 (b) Each open-enrollment charter school for which a charter
6-2 is granted before September 1, 1999, shall revise its charter as
6-3 necessary to comply with Section 12.111, Education Code, as amended
6-4 by this Act, not later than January 1, 2000.
6-5 (c) The entity to which a charter for an open-enrollment
6-6 charter school is granted before September 1, 1999, shall file a
6-7 copy of its bylaws or other document as required by Section
6-8 12.120(a), Education Code, as added by this Act, not later than
6-9 January 1, 2000.
6-10 (d) The changes in law made by this Act do not affect the
6-11 validity of charters issued before the effective date of a
6-12 provision of this Act.
6-13 SECTION 6. The importance of this legislation and the
6-14 crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended,
6-18 and that this Act take effect and be in force according to its
6-19 terms, and it is so enacted.