82R6485 PAM-F

By: Shelton H.B. No. 1311

A BILL TO BE ENTITLED

AN ACT

relating to certain open-enrollment charter schools dedicated to serving certain students at risk of dropping out of school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.135 to read as follows:

Sec. 12.135. OPEN-ENROLLMENT CHARTER SCHOOL DEDICATED TO STUDENTS AT RISK OF DROPPING OUT OF SCHOOL. (a) This section applies only to an open-enrollment charter school that:

(1) is an alternative education campus dedicated to serving a student population, the majority of whom are high school students and at least 75 percent of whom are students at risk of dropping out of school, as defined by Section 29.081; and

(2) is registered under the agency's alternative education accountability procedures for accountability evaluation purposes under Chapter 39.

(b) For purposes of evaluating an open-enrollment charter school to which this section applies for adequate yearly progress under the No Child Left Behind Act of 2001 (20 U.S.C. Section 6301 et seq.), for accountability under Chapter 39, notwithstanding Section 39.053(c)(2), and for performance under an agency performance-based monitoring analysis system:

(1) a student may not be considered a dropout from the charter school if the student:

(A) is at least 17 years of age at the time the student enrolls in the school; or

(B) is enrolled in the school for 45 or fewer school days; and

(2) a student who graduates from the charter school before or during the student's sixth year of high school is considered a high school graduate.

(c) In monitoring compliance under an agency performance-based monitoring analysis system by an open-enrollment charter school to which this section applies, the agency may not consider the number of the charter school's students who are part of a special population, including a student eligible for a special education program under Section 29.003 or a bilingual education program under Section 29.056.

(d) The charter holder of an open-enrollment charter school to which this section applies may establish one or more new such open-enrollment charter school campuses under the charter without applying for authorization if:

(1) 90 percent or more of the open-enrollment charter school campuses operating under the charter have been assigned an acceptable performance rating as provided by Subchapter C, Chapter 39, for the two preceding school years;

(2) the charter holder has been assigned a financial accountability rating under Subchapter D, Chapter 39, indicating financial performance that is satisfactory or better for the two preceding school years;

(3) the charter holder provides written notice, in the time, manner, and form provided by commissioner rule, to the State Board of Education and the commissioner of the establishment of any campus under this subsection; and

(4) not later than the 90th day after the date the charter holder provides written notice under Subdivision (3), the commissioner does not provide written notice to the charter holder disapproving a new campus under this section.

(e) For purposes of Subsection (d), an open-enrollment charter school campus to which this section applies that was rated as academically acceptable or higher under Subchapter D, Chapter 39, as that subchapter existed January 1, 2009, for the 2009-2010 or 2010-2011 school year is considered to have been assigned an acceptable performance rating for the applicable school year. This subsection expires January 1, 2015.

SECTION 2. This Act applies beginning with the 2011-2012 school year.

SECTION 3. 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, 2011.