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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.