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