78R13734 E
By: Madden H.B. No. 2527
Substitute the following for H.B. No. 2527:
By: Madden C.S.H.B. No. 2527
A BILL TO BE ENTITLED
AN ACT
relating to a charter for a campus or program in a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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 a program that is operated:
(1) 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 program; and
(2) at a facility located in the boundaries of the
district.
(b) Not later than the 30th day after the program's first
day of instruction for the school year, the board of trustees must
receive written confirmation signed by:
(1) at least one parent of each student who has
enrolled in the program; and
(2) each teacher who has been employed to teach in the
program.
(c) The written confirmation required under Subsection (b)
is for purposes of measuring continuing interest by parents whose
children have enrolled in and by teachers employed by a program.
The fact that a parent or a teacher does not sign the written
confirmation does not preclude the parent's child or the teacher
from participating or continuing to participate in a program
authorized under this section.
(d) A school district may not assign to a 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 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 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
at the request of at least two parents and at least two teachers in
the program.
SECTION 3. This Act takes effect September 1, 2003.