By Grusendorf H.B. No. 972
77R2650 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to charter schools and services provided to charter
1-3 schools by regional education service centers.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 8.051, 8.053, and 8.054, Education Code,
1-6 are amended to read as follows:
1-7 Sec. 8.051. CORE SERVICES AND SERVICES TO IMPROVE
1-8 PERFORMANCE. (a) Each regional education service center shall use
1-9 funds distributed to the center under Section 8.121 to develop,
1-10 maintain, and deliver services identified under this section to
1-11 improve student, [and] school district, and open-enrollment and
1-12 college or university charter school performance.
1-13 (b) Each regional education service center shall annually
1-14 develop and submit to the commissioner for approval a plan for
1-15 improvement. Each plan must include the purposes and description
1-16 of the services the center will provide to:
1-17 (1) campuses identified as low-performing based on the
1-18 indicators adopted under Section 39.051;
1-19 (2) the lowest-performing campuses in the region;
1-20 [and]
1-21 (3) other campuses; and
1-22 (4) open-enrollment and college or university charter
1-23 schools.
1-24 (c) Each regional education service center shall provide
2-1 services that enable school districts and open-enrollment and
2-2 college or university charter schools to operate more efficiently
2-3 and economically.
2-4 (d) Each regional education service center shall maintain
2-5 core services for purchase by school districts, [and] campuses, and
2-6 open-enrollment and college or university charter schools. The
2-7 core services are:
2-8 (1) training and assistance in teaching each subject
2-9 area assessed under Section 39.023;
2-10 (2) training and assistance in providing each program
2-11 that qualifies for a funding allotment under Section 42.151,
2-12 42.152, 42.153, or 42.156;
2-13 (3) assistance specifically designed for a school
2-14 district rated academically unacceptable under Section 39.072(a) or
2-15 a campus or open-enrollment or college or university charter school
2-16 whose performance is considered unacceptable based on the
2-17 indicators adopted under Section 39.051;
2-18 (4) training and assistance to:
2-19 (A) teachers;
2-20 (B) [,] administrators of school districts,
2-21 campuses, and open-enrollment and college or university charter
2-22 schools;
2-23 (C) [,] members of district boards of trustees
2-24 and of governing bodies of open-enrollment and college or
2-25 university charter schools;[,] and
2-26 (D) members of site-based decision-making
2-27 committees;
3-1 (5) assistance specifically designed for a school
3-2 district that is considered out of compliance with state or federal
3-3 special education requirements, based on the agency's most recent
3-4 compliance review of the district's special education programs; and
3-5 (6) assistance in complying with state laws and rules.
3-6 Sec. 8.053. ADDITIONAL SERVICES. In addition to the
3-7 services provided under Section 8.051 and the initiatives
3-8 implemented under Section 8.052, a regional education service
3-9 center may:
3-10 (1) offer any service requested and purchased by any
3-11 school district, [or] campus, or open-enrollment or university or
3-12 college charter school in the state; and
3-13 (2) contract with a public or private entity for
3-14 services under this subchapter, including the provision of
3-15 continuing education courses and programs for educators.
3-16 Sec. 8.054. PROHIBITION ON REGULATORY FUNCTION. A regional
3-17 education service center may not perform a regulatory function
3-18 regarding a school district or open-enrollment or university or
3-19 college charter school. This section does not prohibit a regional
3-20 education service center from offering training or other assistance
3-21 to a school district in complying with a state or federal law,
3-22 rule, or regulation.
3-23 SECTION 2. Section 8.121(a), Education Code, is amended to
3-24 read as follows:
3-25 (a) Regional education service centers receive state
3-26 financial support for services provided under Section 8.051 from
3-27 money appropriated for the Foundation School Program. The
4-1 commissioner shall distribute money to each regional education
4-2 service center for basic costs of providing those services
4-3 according to an annual allotment set by the commissioner based on:
4-4 (1) the minimum amount of money necessary for the
4-5 operation of a center;
4-6 (2) an additional amount of money that reflects the
4-7 size and number of campuses and open-enrollment and university or
4-8 college charter schools served by the center under Section 8.051;
4-9 and
4-10 (3) an additional amount of money that reflects the
4-11 impact of the geographic size of a center's service area on the
4-12 cost of providing services under Section 8.051.
4-13 SECTION 3. Section 12.110(b), Education Code, is amended to
4-14 read as follows:
4-15 (b) The application form must provide for including the
4-16 information required under Section 12.111 to be contained in a
4-17 charter. The application form must also provide for including the
4-18 name of each proposed member of the governing body of the
4-19 open-enrollment charter school and any family relationship that
4-20 exists between proposed members. If the board determines that the
4-21 proposed governing body has so few members that persons with close
4-22 family relationships serving on the governing body could constitute
4-23 a quorum, to avoid that occurrence, the board shall require the
4-24 addition of a sufficient number of additional members who have no
4-25 family relationship with any other proposed member of the governing
4-26 body. The board by rule shall establish which family relationships
4-27 would require additional members to be added to the governing body
5-1 of an open-enrollment charter school for purposes of this section
5-2 and Section 12.121.
5-3 SECTION 4. Section 12.118(b), Education Code, is amended to
5-4 read as follows:
5-5 (b) An evaluation under this section must include
5-6 consideration of the following items before implementing the
5-7 charter and after implementing the charter:
5-8 (1) students' scores on assessment instruments
5-9 administered under Subchapter B, Chapter 39;
5-10 (2) student attendance;
5-11 (3) students' grades;
5-12 (4) any improvement in student performance;
5-13 (5) incidents involving student discipline;
5-14 (6) [(5)] socioeconomic data on students' families;
5-15 (7) [(6)] parents' satisfaction with their children's
5-16 schools; and
5-17 (8) [(7)] students' satisfaction with their schools.
5-18 SECTION 5. Subchapter D, Chapter 12, Education Code, is
5-19 amended by adding Section 12.121 to read as follows:
5-20 Sec. 12.121. INFORMATION ON MEMBERS OF GOVERNING BODY;
5-21 NUMBER OF MEMBERS. At times and in the manner prescribed by State
5-22 Board of Education rule, each governing body of an open-enrollment
5-23 charter school shall report to the board the name of each member of
5-24 the governing body and any family relationship between members. If
5-25 the board determines that the governing body has so few members
5-26 that persons serving on the governing body with close family
5-27 relationships could constitute a quorum, the board shall require
6-1 action be taken as prescribed under Section 12.110(b).
6-2 SECTION 6. Chapter 12, Education Code, is amended by adding
6-3 Subchapter E to read as follows:
6-4 SUBCHAPTER E. COLLEGE OR UNIVERSITY CHARTER SCHOOLS
6-5 Sec. 12.151. DEFINITIONS. In this subchapter:
6-6 (1) "Governing board" means the body charged with
6-7 policy direction of a public senior college or university.
6-8 (2) "Public senior college or university" has the
6-9 meaning assigned by Section 61.003.
6-10 Sec. 12.152. AUTHORIZATION. In accordance with this
6-11 subchapter, a governing board may grant a charter on application of
6-12 an organization that is exempt from taxation under Section
6-13 501(c)(3), Internal Revenue Code of 1986, for a college or
6-14 university charter school to operate in a facility of:
6-15 (1) the college or university;
6-16 (2) a commercial or nonprofit entity; or
6-17 (3) a school district, including a home-rule school
6-18 district.
6-19 Sec. 12.153. APPLICABILITY OF CERTAIN PROVISIONS. Sections
6-20 12.101(c) and (d), 12.102-12.109, 12.111, 12.117, and 12.120 apply
6-21 to a college or university charter school as though the college or
6-22 university charter school were an open-enrollment charter school.
6-23 Sections 12.110, 12.113-12.116, 12.118, 12.119, and 12.121 apply to
6-24 a college or university charter school as though the college or
6-25 university charter school were an open-enrollment charter school,
6-26 except the governing board granting the charter shall assume the
6-27 powers and duties assigned to the State Board of Education under
7-1 those sections.
7-2 Sec. 12.154. FORM OF CHARTER. A charter for a college or
7-3 university charter school must be in the form of a written contract
7-4 signed by the presiding officer of the governing board and the
7-5 chief operating officer of the school.
7-6 Sec. 12.155. FUNDING. To cover the costs of administration
7-7 under this subchapter, a public senior college or university is
7-8 entitled to three percent of the state and local funding received
7-9 under Sections 12.106 and 12.107 by each school to which the
7-10 college or university has granted a charter under this subchapter.
7-11 The commissioner shall adopt rules as necessary to administer this
7-12 section.
7-13 SECTION 7. Section 12.101(b), Education Code, is repealed.
7-14 SECTION 8. This Act takes effect September 1, 2001.