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.