Amend CSSB 1108 between the enacting clause and SECTION 1 of
the bill (House Committee Printing, page 1, between lines 3 and 4),
by inserting the following new SECTIONS and by renumbering
subsequent SECTIONS of the bill accordingly:
SECTION 1. Subchapter C, Chapter 12, Education Code, is
amended by adding Section 12.0521 to read as follows:
Sec. 12.0521. ALTERNATIVE AUTHORIZATION. (a)
Notwithstanding Section 12.052, in accordance with this subchapter
and in the manner provided by this section, the board of trustees of
a school district or the governing body of a home-rule school
district may grant a charter for:
(1) a new district campus; or
(2) a program that is operated:
(A) by an entity that has entered into a contract
with the district under Section 11.157 to provide educational
services to the district through the campus or program; and
(B) at a facility located in the boundaries of
the district.
(b) A student's parent or guardian may choose to enroll the
student at a campus or in a program under this section. A school
district may not assign a student to a campus or program under this
section unless the student's parent or guardian has voluntarily
enrolled the student at the campus or in the program. A student's
parent or guardian may, at any time, remove the student from a
campus or program under this section and enroll the student at the
campus to which the student would ordinarily be assigned.
(c) A school district may not assign to a campus or program
under this section a teacher who has signed a written statement that
the teacher does not agree to that assignment.
SECTION 2. Sections 12.057, 12.058, and 12.062, Education
Code, are amended to read as follows:
Sec. 12.057. STATUS. (a) With respect to the operation of
a campus or program granted a charter under this subchapter, the [A]
governing body of the campus or program provided for under the
charter is considered a governmental body for purposes of Chapters
551 and 552, Government Code.
(b) An employee of a campus or program granted a charter
under Section 12.052, 12.0521(a)(1), or 12.053 [this subchapter]
who qualifies for membership in the Teacher Retirement System of
Texas shall be covered under the system in the same manner and to
the same extent as a qualified employee employed on a regularly
operating campus or in a regularly operating program is covered.
(c) A [The] campus or program granted a charter under
Section 12.052, 12.0521(a)(1), or 12.053 is immune from liability
to the same extent as a school district, and its employees and
volunteers are immune from liability to the same extent as school
district employees and volunteers.
Sec. 12.058. CHARTER POLICY. [(a)] Each school district
shall adopt a campus charter and [campus] program charter policy.
The policy must specify:
(1) the process to be followed for approval of a campus
charter or a [campus] program charter;
(2) the statutory requirements with which a campus
charter or [campus] program charter must comply; and
(3) the items that must be included in a charter
application.
[(b) Each school district shall adopt a campus charter and
campus program charter policy as required by this section not later
than January 1, 1998.]
Sec. 12.062. REVISION. (a) A charter granted under
Section 12.052 or 12.053 [this subchapter] may be revised:
(1) with the approval of the board of trustees that
granted the charter; and
(2) on a petition signed by a majority of the parents
and a majority of the classroom teachers at the campus or in the
program, as applicable.
(b) A charter granted under Section 12.0521 may be revised
with the approval of the board of trustees that granted the charter.
A charter may be revised under this subsection only before the first
day of instruction of a school year or after the final day of
instruction of a school year.