By: Dutton H.B. No. 2224
A BILL TO BE ENTITLED
AN ACT
relating to open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101(b), Education Code, is amended to
read as follows:
(b) The State Board of Education may grant a charter for an
open-enrollment charter school only to an applicant that meets
reasonable [any] financial, governing, and operational standards
adopted by the commissioner under this subchapter and approved by
the board. The board [State Board of Education] may not grant a
total of more than 215 charters for an open-enrollment charter
school.
SECTION 2. Section 12.1052, Education Code, is amended to
read as follows:
Sec. 12.1052. APPLICABILITY OF LAWS RELATING TO [LOCAL
GOVERNMENT] RECORDS. (a) With respect only to the retention of
personnel records and records of a student enrolled in or formerly
enrolled in [operation of] an open-enrollment charter school, an
open-enrollment charter school is considered to be a local
government for purposes of Subtitle C, Title 6, Local Government
Code, and Subchapter J, Chapter 441, Government Code. A charter
holder or an open-enrollment charter school is required to retain
school records other than personnel records or records related to a
student enrolled or formerly enrolled at the school only as
provided by the Texas Non-Profit Corporation Act (Article 1396-1.01
et seq., Vernon's Texas Civil Statutes).
(b) Records retained under Subsection (a) [of an
open-enrollment charter school and records of a charter holder that
relate to an open-enrollment charter school] are government records
for all purposes under state law.
(c) Any requirement in Subtitle C, Title 6, Local Government
Code, or Subchapter J, Chapter 441, Government Code, that applies
to a school district, the board of trustees of a school district, or
an officer or employee of a school district applies to an
open-enrollment charter school, the governing body of a charter
holder, the governing body of an open-enrollment charter school, or
an [officer or] employee of an open-enrollment charter school to
the extent that the requirement relates to student or personnel
records, except that the records required to be retained under
Subsection (a) by [of] an open-enrollment charter school that
ceases to operate shall be transferred in the manner prescribed by
Subsection (d).
(d) The records required to be retained under Subsection (a)
by [of] an open-enrollment charter school that ceases to operate
shall be transferred in the manner specified by the commissioner to
a custodian designated by the commissioner. The commissioner may
designate any appropriate entity to serve as custodian, including
the agency, a regional education service center, or a school
district. In designating a custodian, the commissioner shall
ensure that the transferred records, including student and
personnel records, are transferred to a custodian capable of:
(1) maintaining the records;
(2) making the records readily accessible to students,
parents, former school employees, and other persons entitled to
access; and
(3) complying with applicable state or federal law
restricting access to the records.
(e) If the charter holder of an open-enrollment charter
school that ceases to operate or an officer or employee of such a
school refuses to transfer school records required to be retained
under Subsection (a) in the manner specified by the commissioner
under Subsection (d), the commissioner may ask the attorney general
to petition a court for recovery of the records. If the court
grants the petition, the court shall award attorney's fees and
court costs to the state.
SECTION 3. Section 12.114, Education Code, is amended to
read as follows:
Sec. 12.114. REVISION. (a) Except as otherwise provided by
this section, a [A] revision of a charter of an open-enrollment
charter school may be made only with the approval of the
commissioner.
(b) The governing body of an open-enrollment charter school
may revise the school's charter without the approval of the
commissioner as necessary to comply with a change in law. The
governing body shall provide the commissioner written notice of the
revision not later than the 14th day after the date the revision is
approved by the governing body.
(c) A revision of a charter of an open-enrollment charter
school under Subsection (b) is final unless the commissioner
provides the governing body of the school written notice of the
commissioner's disapproval not later than the 30th day after the
date the commissioner receives notice of the revision. With any
notice of disapproval, the commissioner shall include a statement
of the reasons for disapproval.
(d) Subsections (b) and (c) do not apply to a revision of a
charter of an open-enrollment charter school that relates to
adding an additional campus or increasing the enrollment of the
school.
SECTION 4. The heading of Section 12.116, Education Code,
is amended to read as follows:
Sec. 12.116. PROCEDURE FOR CLOSURE, MODIFICATION,
PLACEMENT ON PROBATION, REVOCATION, OR DENIAL OF RENEWAL.
SECTION 5. Sections 12.116(a) and (c), Education Code, are
amended to read as follows:
(a) The commissioner shall adopt a procedure to be used for
closing an open-enrollment charter school or modifying, placing on
probation, revoking, or denying renewal of the charter of an
open-enrollment charter school.
(c) Chapter 2001, Government Code, applies [does not apply]
to a hearing that is related to a modification, placement on
probation, revocation, or denial of renewal under this subchapter.
SECTION 6. Section 12.117, Education Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) For admission to an open-enrollment charter school, the
governing body of the school shall:
(1) require the applicant to complete and submit an
application not later than a reasonable deadline the school
establishes; and
(2) except as otherwise provided by Subsection (c), on
receipt of more acceptable applications for admission under this
section than available positions in the school:
(A) fill the available positions by lottery; or
(B) subject to Subsection (b), fill the available
positions in the order in which applications received before the
application deadline were received.
(c) An open-enrollment charter school may give preference
in admissions to the school if the preference is based on:
(1) reasonable academic, artistic, or other
eligibility standards, including gender, that are consistent with
the nonregulatory guidance provided by the United States Department
of Education for the public charter schools program authorized by
20 U.S.C. Sections 7221-7221j, as amended, and specified in the
school's charter application; and
(2) standards consistent with the school's mission and
purpose, as specified in the school's charter, and consistent with
admissions practices in public schools.
(d) In admitting students under this section, an
open-enrollment charter school may not discriminate on the basis of
a student's race, color, creed, religion, or national origin.
SECTION 7. Section 12.119(b), Education Code, is amended to
read as follows:
(b) Each year within the period and in a form prescribed by
the State Board of Education, each open-enrollment charter school
shall file with the board the following information:
(1) the name, address, and telephone number of each:
(A) [officer and] member of the governing body of
the open-enrollment charter school; [and]
(B) principal, director, or other chief
operating officer of the school;
(C) assistant principal or assistant director of
the school; and
(D) person charged with managing the finances of
the school; and
(2) the amount of annual compensation the
open-enrollment charter school pays to each:
(A) [officer and] member of the governing body;
(B) principal, director, or other chief
operating officer;
(C) assistant principal or assistant director;
and
(D) person charged with managing the finances of
the school.
SECTION 8. Sections 12.125 and 12.126, Education Code, are
amended to read as follows:
Sec. 12.125. CONTRACT FOR MANAGEMENT SERVICES. (a) Any
contract, including a contract renewal, between an open-enrollment
charter school and a management company proposing to provide
management services to the school must require the management
company to maintain all records related to the management services
separately from any other records of the management company.
(b) The commissioner may by rule adopt guidelines for a
contract under this section between an open-enrollment charter
school and a management company.
(c) The initial contract under this section between an
open-enrollment charter school and a management company does not
require approval of the commissioner.
Sec. 12.126. CERTAIN MANAGEMENT SERVICES CONTRACTS
PROHIBITED. The commissioner may require the governing body of an
open-enrollment charter school to prohibit or[,] deny renewal,
suspension, or revocation of[, suspend, or revoke] a contract
between the [an open-enrollment charter] school and a management
company providing management services to the school if the
commissioner determines that the management company has:
(1) substantially failed to provide educational or
related services in compliance with the company's contractual or
other legal obligation to any [open-enrollment charter] school in
this state or to any other similar school in another state;
(2) substantially failed to protect the health,
safety, or welfare of the students enrolled at an open-enrollment
charter school served by the company;
(3) violated this subchapter or a rule adopted under
this subchapter; or
(4) otherwise failed to comply with any material
contractual or other material legal obligation to provide services
to the school.
SECTION 9. Section 22.083(a), Education Code, is amended to
read as follows:
(a) A school district, private school, open-enrollment
charter school, regional education service center, or shared
services arrangement may obtain from any law enforcement or
criminal justice agency all criminal history record information
that relates to a person:
(1) whom the district, school, service center, or
shared services arrangement intends to employ in any capacity; or
(2) who has indicated, in writing, an intention to
serve as a volunteer with the district, school, service center, or
shared services arrangement.
SECTION 10. Section E, Article 2.23A, Texas Non-Profit
Corporation Act (Article 1396-2.23A, Vernon's Texas Civil
Statutes), is amended to read as follows:
E. This article does not apply to:
(1) a corporation that solicits funds only from its
members;
(2) a corporation which does not intend to solicit and
receive and does not actually raise or receive contributions from
sources other than its own membership in excess of $10,000 during a
fiscal year;
(3) a proprietary school that has received a
certificate of approval from the State Commissioner of Education, a
public institution of higher education and foundations chartered
for the benefit of such institutions or any component part thereof,
a private institution of higher education with a certificate of
authority to grant a degree issued by the Coordinating Board, Texas
College and University System, or an elementary or secondary
school, except that the article does apply to an open-enrollment
charter school;
(4) religious institutions which shall be limited to
churches, ecclesiastical or denominational organizations, or other
established physical places for worship at which religious services
are the primary activity and such activities are regularly
conducted;
(5) a trade association or professional society whose
income is principally derived from membership dues and assessments,
sales, or services;
(6) any insurer licensed and regulated by the State
Board of Insurance;
(7) an organization whose charitable activities
relate to public concern in the conservation and protection of
wildlife, fisheries, and allied natural resources;
(8) an alumni association of a public or private
institution of higher education in this state, provided that such
association is recognized and acknowledged by the institution as
its official alumni association.
SECTION 11. This Act applies beginning with the 2003-2004
school year.
SECTION 12. 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.