By Krusee H.B. No. 3644
76R8852 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to university charter schools.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 12, Education Code, is amended by adding
1-5 Subchapter E to read as follows:
1-6 SUBCHAPTER E. UNIVERSITY CHARTER SCHOOLS
1-7 Sec. 12.151. DEFINITION. In this subchapter, "university
1-8 system" means The University of Texas System.
1-9 Sec. 12.152. AUTHORIZATION. In accordance with this
1-10 subchapter, the board of regents of the university system may grant
1-11 a charter on the application of an eligible entity for a university
1-12 charter school to operate in a facility of a commercial or
1-13 nonprofit entity or a school district, including a home-rule school
1-14 district. In this subsection, "eligible entity" has the meaning
1-15 assigned by Section 12.101(a).
1-16 Sec. 12.153. APPLICABILITY OF CERTAIN PROVISIONS. Sections
1-17 12.101(c) and (d), 12.102-12.109, 12.111, and 12.117 apply to a
1-18 university charter school as though the university charter school
1-19 were an open-enrollment charter school.
1-20 Sec. 12.154. APPLICATION. (a) The board of regents of the
1-21 university system shall adopt:
1-22 (1) an application form and a procedure that must be
1-23 used to apply for a charter for a university charter school; and
1-24 (2) criteria to use in selecting a program for which
2-1 to grant a charter.
2-2 (b) The application form must provide for including the
2-3 information required under Section 12.111 to be contained in a
2-4 charter.
2-5 (c) As part of the application procedure, the board of
2-6 regents may require a petition supporting a charter for a school
2-7 signed by a specified number of parents or guardians of school-age
2-8 children residing in the area in which a school is proposed or may
2-9 hold a public hearing to determine parental support for the school.
2-10 (d) The board of regents may approve or deny an application
2-11 based on criteria it adopts. The criteria the board of regents
2-12 adopts must include:
2-13 (1) criteria relating to improving student performance
2-14 and encouraging innovative programs; and
2-15 (2) a statement from any school district whose
2-16 enrollment is likely to be affected by the university charter
2-17 school, including information relating to any financial difficulty
2-18 that a loss in enrollment may have on the district.
2-19 Sec. 12.155. FORM. A charter for a university charter
2-20 school must be in the form of a written contract signed by the
2-21 chair of the board of regents and the chief operating officer of
2-22 the school.
2-23 Sec. 12.156. CHARTER GRANTED. Each charter the board of
2-24 regents grants for a university charter school must:
2-25 (1) satisfy this subchapter; and
2-26 (2) include the information that is required under
2-27 Section 12.111 consistent with the information provided in the
3-1 application and any modification the board of regents requires.
3-2 Sec. 12.157. REVISION. A revision of a charter of a
3-3 university charter school may be made only with the approval of the
3-4 board of regents.
3-5 Sec. 12.158. BASIS FOR MODIFICATION, PLACEMENT ON PROBATION,
3-6 REVOCATION, OR DENIAL OF RENEWAL. (a) The board of regents may
3-7 modify, place on probation, revoke, or deny renewal of the charter
3-8 of a university charter school if the board of regents determines
3-9 that the person operating the school:
3-10 (1) committed a material violation of the charter,
3-11 including failure to satisfy accountability provisions prescribed
3-12 by the charter;
3-13 (2) failed to satisfy generally accepted accounting
3-14 standards of fiscal management; or
3-15 (3) failed to comply with this subchapter or another
3-16 applicable law or rule.
3-17 (b) The action the board of regents takes under Subsection
3-18 (a) shall be based on the best interest of the school's students,
3-19 the severity of the violation, and any previous violation the
3-20 school has committed.
3-21 Sec. 12.159. PROCEDURE FOR MODIFICATION, PLACEMENT ON
3-22 PROBATION, REVOCATION, OR DENIAL OF RENEWAL. (a) The board of
3-23 regents shall adopt a procedure to be used for modifying, placing
3-24 on probation, revoking, or denying renewal of the charter of a
3-25 university charter school.
3-26 (b) The procedure adopted under Subsection (a) must provide
3-27 an opportunity for a hearing to the person operating the university
4-1 charter school and to parents and guardians of students in the
4-2 school. A hearing under this subsection must be held at the
4-3 facility at which the program is operated.
4-4 Sec. 12.160. EVALUATION OF UNIVERSITY CHARTER SCHOOLS. (a)
4-5 The boards of regents shall designate an impartial organization
4-6 with experience in evaluating school choice programs to conduct an
4-7 annual evaluation of the university charter schools.
4-8 (b) An evaluation under this section must include
4-9 consideration of the following items before and after
4-10 implementation of the charter:
4-11 (1) students' scores on assessment instruments
4-12 administered under Subchapter B, Chapter 39;
4-13 (2) student attendance;
4-14 (3) students' grades;
4-15 (4) incidents involving student discipline;
4-16 (5) socioeconomic data on students' families;
4-17 (6) parents' satisfaction with their children's
4-18 schools; and
4-19 (7) students' satisfaction with their schools.
4-20 (c) The evaluation of university charter schools must also
4-21 include an evaluation of:
4-22 (1) the costs of instruction, administration, and
4-23 transportation incurred by university charter schools; and
4-24 (2) the effect of university charter schools on school
4-25 districts and on teachers, students, and parents in those
4-26 districts.
4-27 SECTION 2. The importance of this legislation and the
5-1 crowded condition of the calendars in both houses create an
5-2 emergency and an imperative public necessity that the
5-3 constitutional rule requiring bills to be read on three several
5-4 days in each house be suspended, and this rule is hereby suspended,
5-5 and that this Act take effect and be in force from and after its
5-6 passage, and it is so enacted.