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A BILL TO BE ENTITLED
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AN ACT
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relating to revising, revoking, or denying renewal of charters of |
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open-enrollment charter schools under certain circumstances. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1141 to read as follows: |
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Sec. 12.1141. REVISION: ADDING SCHOOLS UNDER CERTAIN |
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CIRCUMSTANCES. (a) Except as provided by Subsection (b), the |
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commissioner may not deny approval for a charter holder to add one |
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or more additional open-enrollment charter schools under an |
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existing open-enrollment charter granted to the charter holder if: |
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(1) considering available data, the charter holder |
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meets all criteria established by rule for adding a charter school |
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under an existing charter other than criteria for performance based |
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on dropout and completion rates of one or more existing charter |
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schools under the charter and the charter holder demonstrates |
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through a process developed by the agency that those criteria would |
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be met if: |
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(A) a student enrolled at the charter school who |
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is at least 17 years of age at the time of enrollment were not |
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considered a dropout; and |
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(B) a student who graduates from the charter |
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school before or during the student's sixth year of high school were |
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considered a high school graduate; |
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(2) the charter holder, at the time of submission of |
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the application for approval to add one or more additional charter |
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schools, has been assigned a financial accountability rating under |
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Subchapter D, Chapter 39, indicating financial performance that is |
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satisfactory or better; and |
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(3) each additional charter school: |
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(A) will serve only high school students; |
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(B) will have an enrollment of students of whom |
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at least 50 percent did not graduate with a ninth grade cohort; and |
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(C) will be in the geographical area described |
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for the charter under Section 12.111(a)(14). |
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(b) The commissioner may not approve a total of more than 10 |
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additional charter schools under Subsection (a). The commissioner |
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may, in accordance with commissioner rule, limit the enrollment of |
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an additional charter school as necessary to conform to the |
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capacity limits of the charter holder or the demand for services in |
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the geographical area, as determined by the commissioner, but may |
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not limit the enrollment of an additional charter school to less |
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than the number of students currently enrolled at the high school |
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level at a charter school operated by the charter holder that |
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focuses on dropout recovery. |
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(c) This section expires September 1, 2013. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1151 to read as follows: |
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Sec. 12.1151. LIMITATION ON REVOCATION OR DENIAL OF RENEWAL |
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FOR CERTAIN CHARTER SCHOOLS. (a) This section applies only to an |
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open-enrollment charter school that has an enrollment of students |
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of whom at least 50 percent did not graduate with a ninth grade |
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cohort. |
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(b) The commissioner may not revoke or deny renewal of the |
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charter of an open-enrollment charter school to which this section |
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applies if: |
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(1) considering available data, the charter holder |
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meets all criteria established by rule for adding a charter school |
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under an existing charter other than criteria for performance based |
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on dropout and completion rates of one or more existing charter |
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schools under the charter and the charter holder demonstrates |
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through a process developed by the agency that those criteria would |
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be met if: |
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(A) a student enrolled at the charter school who |
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is at least 17 years of age at the time of enrollment were not |
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considered a dropout; and |
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(B) a student who graduates from the charter |
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school before or during the student's sixth year of high school were |
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considered a high school graduate; and |
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(2) the charter holder, as of the time required by |
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commissioner rule, has been assigned a financial accountability |
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rating under Subchapter D, Chapter 39, that indicates financial |
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performance that is satisfactory or better. |
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(c) This section expires September 1, 2013. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |