R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 77th Legislature, Regular Session, 2001, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on H.B. No. 6, relating to open-enrollment
1-6 charter schools, to consider and take action on the following
1-7 matters:
1-8 (1) House Rule 13, Section 9(a)(4) is suspended to permit
1-9 the committee to add new provisions to the bill to read as follows:
1-10 SECTION 2. Section 12.101(b), Education Code, is amended to
1-11 read as follows:
1-12 (b) The State Board of Education may grant a charter for an
1-13 open-enrollment charter school only to an applicant that meets any
1-14 financial, governing, and operational standards adopted by the
1-15 commissioner under this subchapter. The State Board of Education
1-16 may not grant a total of more than 215 [20] charters for an
1-17 open-enrollment charter school.
1-18 Explanation: This addition is necessary to require that a
1-19 charter granted for an open-enrollment charter school must comply
1-20 with standards adopted by the commissioner of education and to
1-21 raise the limit on the number of charters that may be granted.
1-22 (2) House Rule 13, Section 9(a)(4) is suspended to permit
1-23 the committee to add new provisions to the bill to read as follows:
1-24 SECTION 4. Section 12.103, Education Code, is amended to read
2-1 as follows:
2-2 Sec. 12.103. GENERAL APPLICABILITY OF LAWS, [AND] RULES, AND
2-3 ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL. (a) Except as
2-4 provided by Subsection (b) or (c), an [An] open-enrollment charter
2-5 school is subject to federal and state laws and rules governing
2-6 public schools and to municipal zoning ordinances governing public
2-7 schools.
2-8 (b) An[, except that an] open-enrollment charter school is
2-9 subject to this code and rules adopted under this code only to the
2-10 extent the applicability to an open-enrollment charter school of a
2-11 provision of this code or a rule adopted under this code is
2-12 specifically provided.
2-13 (c) Notwithstanding Subsection (a), a campus of an
2-14 open-enrollment charter school located in whole or in part in a
2-15 municipality with a population of 20,000 or less is not subject to
2-16 a municipal zoning ordinance governing public schools.
2-17 Explanation: These additions are necessary to subject
2-18 certain open-enrollment charter schools to municipal zoning
2-19 ordinances governing public schools.
2-20 (3) House Rule 13, Section 9(a)(4) is suspended to permit
2-21 the committee to add a new subsection to Section 12.104, Education
2-22 Code, as amended by the bill, to read as follows:
2-23 (d) The commissioner may by rule permit an open-enrollment
2-24 charter school to voluntarily participate in any state program
2-25 available to school districts, including a purchasing program, if
2-26 the school complies with all terms of the program.
2-27 Explanation: This addition is necessary to authorize the
3-1 commissioner of education by rule to permit open-enrollment charter
3-2 schools to participate in state programs available to school
3-3 districts.
3-4 (4) House Rule 13, Section 9(a)(4) is suspended to permit
3-5 the committee to add new provisions to the bill to read as follows:
3-6 Sec. 12.1054. APPLICABILITY OF LAWS RELATING TO CONFLICT OF
3-7 INTEREST. (a) A member of the governing body of a charter holder,
3-8 a member of the governing body of an open-enrollment charter
3-9 school, or an officer of an open-enrollment charter school is
3-10 considered to be a local public official for purposes of Chapter
3-11 171, Local Government Code. For purposes of that chapter:
3-12 (1) a member of the governing body of a charter holder
3-13 or a member of the governing body or officer of an open-enrollment
3-14 charter school is considered to have a substantial interest in a
3-15 business entity if a person related to the member or officer in the
3-16 third degree by consanguinity or affinity, as determined under
3-17 Chapter 573, Government Code, has a substantial interest in the
3-18 business entity under Section 171.002, Local Government Code;
3-19 (2) a member of the governing body or officer of a
3-20 charter school rated as academically acceptable or higher under
3-21 Chapter 39 for at least two of the preceding three school years, or
3-22 a member of the governing body of the charter holder of such a
3-23 school, is not subject to the restrictions of Section 171.009,
3-24 Local Government Code; and
3-25 (3) notwithstanding any provision of that chapter, an
3-26 employee of an open-enrollment charter school rated as academically
3-27 acceptable or higher under Chapter 39 for at least two of the
4-1 preceding three school years may serve as a member of the governing
4-2 body of the charter holder or the governing body of the school if
4-3 the employees do not constitute a quorum of the governing body or
4-4 any committee of the governing body.
4-5 (b) To the extent consistent with this section, a
4-6 requirement in a law listed in this section that applies to a
4-7 school district or the board of trustees of a school district
4-8 applies to an open-enrollment charter school, the governing body of
4-9 a charter holder, or the governing body of an open-enrollment
4-10 charter school.
4-11 Explanation: This addition is necessary to provide an
4-12 exception from the requirements of certain laws relating to
4-13 conflicts of interest for certain open-enrollment charter schools
4-14 rated as academically acceptable or higher during a specified
4-15 period.
4-16 (5) House Rule 13, Section 9(a)(4) is suspended to permit
4-17 the committee to add a new subsection to Section 12.106, Education
4-18 Code, as amended by the bill, to read as follows:
4-19 (c) The commissioner may adopt rules to provide and account
4-20 for state funding of open-enrollment charter schools under this
4-21 section. A rule adopted under this section may be similar to a
4-22 provision of this code that is not similar to Section 12.104(b) if
4-23 the commissioner determines that the rule is related to financing
4-24 of open-enrollment charter schools and is necessary or prudent to
4-25 provide or account for state funds.
4-26 Explanation: This addition is necessary to authorize the
4-27 commissioner of education to adopt rules related to the financing
5-1 of open-enrollment charter schools and necessary or prudent in
5-2 accounting for state funds received by the schools.
5-3 (6) House Rule 13, Section 9(a)(4) is suspended to permit
5-4 the committee to add new provisions to the bill to read as follows:
5-5 SECTION 10. Sections 12.114-12.116, Education Code, are
5-6 amended to read as follows:
5-7 Sec. 12.114. REVISION. A revision of a charter of an
5-8 open-enrollment charter school may be made only with the approval
5-9 of the commissioner [State Board of Education].
5-10 Sec. 12.115. BASIS FOR MODIFICATION, PLACEMENT ON PROBATION,
5-11 REVOCATION, OR DENIAL OF RENEWAL. (a) The commissioner [State
5-12 Board of Education] may modify, place on probation, revoke, or deny
5-13 renewal of the charter of an open-enrollment charter school if the
5-14 commissioner [board] determines that the charter holder [person
5-15 operating the school]:
5-16 (1) committed a material violation of the charter,
5-17 including failure to satisfy accountability provisions prescribed
5-18 by the charter;
5-19 (2) failed to satisfy generally accepted accounting
5-20 standards of fiscal management;
5-21 (3) failed to protect the health, safety, or welfare
5-22 of the students enrolled at the school; or
5-23 (4) [(3)] failed to comply with this subchapter or
5-24 another applicable law or rule.
5-25 (b) The action the commissioner [board] takes under
5-26 Subsection (a) shall be based on the best interest of the school's
5-27 students, the severity of the violation, and any previous violation
6-1 the school has committed.
6-2 Sec. 12.116. PROCEDURE FOR MODIFICATION, PLACEMENT ON
6-3 PROBATION, REVOCATION, OR DENIAL OF RENEWAL. (a) The commissioner
6-4 [State Board of Education] shall adopt a procedure to be used for
6-5 modifying, placing on probation, revoking, or denying renewal of
6-6 the charter of an open-enrollment charter school.
6-7 (b) The procedure adopted under Subsection (a) must provide
6-8 an opportunity for a hearing to the charter holder [person
6-9 operating the open-enrollment charter school] and to parents and
6-10 guardians of students in the school. A hearing under this
6-11 subsection must be held at the facility at which the program is
6-12 operated.
6-13 (c) Chapter 2001, Government Code, does not apply to a
6-14 hearing that is related to a modification, placement on probation,
6-15 revocation, or denial of renewal under this subchapter.
6-16 Explanation: These additions are necessary to authorize the
6-17 commissioner of education to modify, place on probation, revoke, or
6-18 deny the renewal of an open-enrollment charter school's charter and
6-19 to require the commissioner to adopt a procedure to be used for
6-20 taking such action.
6-21 (7) House Rule 13, Section 9(a)(4) is suspended to permit
6-22 the committee to add new provisions to the bill to read as follows:
6-23 SECTION 13. Sections 12.118(a) and (c), Education Code, are
6-24 amended to read as follows:
6-25 (a) The commissioner [board] shall designate an impartial
6-26 organization with experience in evaluating school choice programs
6-27 to conduct an annual evaluation of open-enrollment charter schools.
7-1 (c) The evaluation of open-enrollment charter schools must
7-2 also include an evaluation of:
7-3 (1) the costs of instruction, administration, and
7-4 transportation incurred by open-enrollment charter schools; [and]
7-5 (2) the effect of open-enrollment charter schools on
7-6 school districts and on teachers, students, and parents in those
7-7 districts; and
7-8 (3) other issues, as determined by the commissioner.
7-9 Explanation: These additions are necessary to authorize the
7-10 commissioner of education to designate an organization to evaluate
7-11 open-enrollment charter schools on issues determined by the
7-12 commissioner.
7-13 (8) House Rule 13, Section 9(a)(4) is suspended to permit
7-14 the committee to add a new provision to the bill to read as
7-15 follows:
7-16 Sec. 12.130. NOTICE OF TEACHER QUALIFICATIONS. Each
7-17 open-enrollment charter school shall provide to the parent or
7-18 guardian of each student enrolled in the school written notice of
7-19 the qualifications of each teacher employed by the school.
7-20 Explanation: This addition is necessary to require
7-21 open-enrollment charter schools to provide students' parents with
7-22 notice of teacher qualifications.
7-23 (9) House Rule 13, Section 9(a)(4) is suspended to permit
7-24 the committee to add new provisions to the bill to read as follows:
7-25 SECTION 24. Section 39.073(a), Education Code, is amended to
7-26 read as follows:
7-27 (a) The agency shall annually review the performance of each
8-1 district and campus on the indicators adopted under Sections
8-2 39.051(b)(1) through (7) and determine if a change in the
8-3 accreditation status of the district is warranted. The
8-4 commissioner may determine how all indicators adopted under Section
8-5 39.051(b) may be used to determine accountability ratings and to
8-6 select districts and campuses for acknowledgment.
8-7 SECTION 25. Subchapter D, Chapter 39, Education Code, is
8-8 amended by adding Section 39.0731 to read as follows:
8-9 Sec. 39.0731. ALTERNATIVE ACCREDITATION STATUS PILOT PROGRAM
8-10 FOR CERTAIN DISTRICTS, CAMPUSES, AND OPEN-ENROLLMENT CHARTER
8-11 SCHOOLS. (a) The commissioner may by rule develop an alternative
8-12 accreditation status pilot program for the 2001-2002 school year
8-13 that is designed to reflect the academic performance and
8-14 improvement of students enrolled at a district, campus, or
8-15 open-enrollment charter school that:
8-16 (1) primarily serves at-risk students, as defined in
8-17 Section 29.081, as determined by the commissioner; or
8-18 (2) is not required to administer assessment
8-19 instruments under Section 39.023.
8-20 (b) The pilot program:
8-21 (1) must include an analysis of student performance
8-22 and improvement on indicators determined by the commissioner under
8-23 Section 39.073(a); and
8-24 (2) may include an analysis of student performance on
8-25 an assessment instrument authorized under Section 28.006.
8-26 (c) Notwithstanding participation in the pilot program, a
8-27 district, campus, or open-enrollment charter school that
9-1 participates in the pilot program also continues to receive the
9-2 accountability rating that the district, campus, or school would
9-3 otherwise receive under this chapter and is subject to any
9-4 applicable sanctions under this chapter based on that rating.
9-5 (d) Not later than December 1, 2002, the commissioner shall
9-6 compile the results of the pilot program and any recommendations in
9-7 a report and submit the report to the governor, lieutenant
9-8 governor, speaker of the house of representatives, and the
9-9 presiding officer of each standing committee of the senate and
9-10 house of representatives having primary jurisdiction over public
9-11 education.
9-12 (e) This section expires January 1, 2003.
9-13 Explanation: These additions are necessary to authorize the
9-14 commissioner of education to consider additional performance
9-15 indicators for accountability purposes and to develop an
9-16 alternative accreditation status pilot program for school
9-17 districts, campuses, and open-enrollment charter schools.
Dunnam
_______________________________
Speaker of the House
I certify that H.R. No. 1401 was adopted by the House on May
27, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House