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78R1118 SLO-D
By: Dutton H.B. No. 933
A BILL TO BE ENTITLED
AN ACT
relating to the granting of a charter for an open-enrollment
charter school by a college or university.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) In accordance with this subchapter, the governing board
of a college or university may grant a charter for an
open-enrollment charter school in the same manner as the State
Board of Education. A college or university may grant an unlimited
number of charters.
SECTION 2. Section 12.1012, Education Code, is amended to
read as follows:
Sec. 12.1012. DEFINITIONS. In this subchapter:
(1) "Charter holder" means the entity to which a
charter is granted under this subchapter.
(2) "College or university" means a private or
independent institution of higher education, public junior
college, or public senior college or university.
(3) "Governing body of a charter holder" means the
board of directors, board of trustees, or other governing body of a
charter holder.
(4) [(3)] "Governing body of an open-enrollment
charter school" means the board of directors, board of trustees, or
other governing body of an open-enrollment charter school. The
term includes the governing body of a charter holder if that body
acts as the governing body of the open-enrollment charter school.
(5) [(4)] "Management company" means a person, other
than a charter holder, who provides management services for an
open-enrollment charter school.
(6) [(5)] "Management services" means services
related to the management or operation of an open-enrollment
charter school, including:
(A) planning, operating, supervising, and
evaluating the school's educational programs, services, and
facilities;
(B) making recommendations to the governing body
of the school relating to the selection of school personnel;
(C) managing the school's day-to-day operations
as its administrative manager;
(D) preparing and submitting to the governing
body of the school a proposed budget;
(E) recommending policies to be adopted by the
governing body of the school, developing appropriate procedures to
implement policies adopted by the governing body of the school, and
overseeing the implementation of adopted policies; and
(F) providing leadership for the attainment of
student performance at the school based on the indicators adopted
under Section 39.051 or by the governing body of the school.
(7) [(6)] "Officer of an open-enrollment charter
school" means:
(A) the principal, director, or other chief
operating officer of an open-enrollment charter school;
(B) an assistant principal or assistant director
of an open-enrollment charter school; or
(C) a person charged with managing the finances
of an open-enrollment charter school.
(8) "Private or independent institution of higher
education," "public junior college," and "public senior college or
university" have the meanings assigned by Section 61.003.
SECTION 3. Section 12.106, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) The commissioner shall distribute state funds allocated
to an open-enrollment charter school that holds a charter granted
by a college or university under Section 12.101(e) to the college or
university that granted the charter. The college or university may
retain a portion of the funds to cover the college's or university's
administrative expenses related to the school. The retained amount
may not exceed three percent of the state funds allocated to the
school.
SECTION 4. Section 12.110, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The governing body of a college or university shall
adopt an application procedure, and shall approve or deny an
application, in the same manner as the State Board of Education
under this section.
SECTION 5. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION. The
commissioner by rule shall adopt a procedure for providing notice
to the following persons on receipt by the State Board of Education
or a college or university of an application for a charter for an
open-enrollment charter school under Section 12.110:
(1) the board of trustees of each school district from
which the proposed open-enrollment charter school is likely to draw
students, as determined by the commissioner; and
(2) each member of the legislature that represents the
geographic area to be served by the proposed school, as determined
by the commissioner.
SECTION 6. Section 12.112, Education Code, is amended to
read as follows:
Sec. 12.112. FORM. (a) A charter for an open-enrollment
charter school granted by the State Board of Education shall be in
the form of a written contract signed by the chair of the State
Board of Education and the chief operating officer of the school.
(b) A charter for an open-enrollment charter school granted
by a college or university shall be in the form of a written
contract signed by the chair of the governing board for the college
or university and the chief operating officer of the school.
SECTION 7. Section 12.113(a), Education Code, is amended to
read as follows:
(a) Each charter the State Board of Education or a college
or university grants for an open-enrollment charter school must:
(1) satisfy this subchapter; and
(2) include the information that is required under
Section 12.111 consistent with the information provided in the
application and any modification the board or college or
university, as applicable, requires.
SECTION 8. Subchapter D, Chapter 12, Education Code, is
amended by adding Section 12.1164 to read as follows:
Sec. 12.1164. OVERSIGHT OF SCHOOL GRANTED CHARTER BY
COLLEGE OR UNIVERSITY. (a) Sections 12.114, 12.115, 12.116,
12.1161, 12.1162, and 12.1163 apply to a college or university that
grants a charter for an open-enrollment charter school under
Section 12.101(e), and the governing body of the college or
university shall perform any duty and may exercise any power of the
commissioner under those sections.
(b) With respect to an open-enrollment charter school that
holds a charter granted by a college or university under Section
12.101(e), the commissioner:
(1) may exercise the powers granted by Sections
12.1162 and 12.1163 as if the charter had been granted by the State
Board of Education; and
(2) may not exercise the powers granted by Sections
12.114, 12.115, 12.116, and 12.1161.
SECTION 9. This Act applies beginning with the 2003-2004
school year.
SECTION 10. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.