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A BILL TO BE ENTITLED
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AN ACT
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relating to authorization for granting, in response to petitions by |
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parents, campus charters for certain public school campuses |
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identified as unacceptable. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 12, Education Code, is |
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amended by adding Section 12.0522 to read as follows: |
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Sec. 12.0522. AUTHORIZATION FOR CAMPUS IDENTIFIED AS |
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UNACCEPTABLE. (a) This section applies only to a campus that for |
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two consecutive school years has been identified as unacceptable |
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under Section 39.054. |
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(b) Notwithstanding Section 12.052, in accordance with this |
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subchapter, the board of trustees of a school district may grant a |
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charter for a campus to an eligible charter holder of a charter for |
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an open-enrollment charter school if the board is presented with a |
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petition signed by the parents of a majority of the students at the |
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campus. For purposes of this subsection, the signature of only one |
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parent of a student is required. |
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(c) A charter holder is eligible under this section to be |
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granted a charter for a campus if the charter holder would meet the |
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eligibility requirements under 19 T.A.C. Section 100.1033(c)(6) to |
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establish an additional charter school. |
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SECTION 2. Section 12.057(c), Education Code, is amended to |
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read as follows: |
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(c) A campus or program granted a charter under Section |
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12.052, 12.0521(a)(1), 12.0522, or 12.053 is immune from liability |
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to the same extent as a school district, and its employees and |
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volunteers are immune from liability to the same extent as school |
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district employees and volunteers. |
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SECTION 3. Section 39.107, Education Code, is amended by |
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amending Subsections (a), (c), and (e) and adding Subsections (a-2) |
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and (b-3) to read as follows: |
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(a) After a campus has been identified as unacceptable for |
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two consecutive school years, the commissioner shall order the |
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reconstitution of the campus unless the board of trustees of the |
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school district in which the campus is located grants a charter for |
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the campus under Section 12.0522. |
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(a-2) If a charter is granted for a campus under Section |
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12.0522, the board of trustees of the school district and |
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appropriate district administrators shall assist the campus in: |
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(1) developing an updated targeted improvement plan; |
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(2) presenting the plan in a public hearing, in the |
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manner provided by Section 39.106(e-1); |
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(3) obtaining approval of the updated plan from the |
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commissioner; and |
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(4) executing the plan on approval by the |
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commissioner. |
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(b-3) Subsections (b), (b-1), and (b-2) do not apply to a |
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campus granted a charter under Section 12.0522. |
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(c) A campus that is reconstituted under this section or to |
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which the board of trustees of a school district grants a charter |
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under Section 12.0522 [subject to Subsection (a)] shall implement |
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the updated targeted improvement plan as approved by the |
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commissioner. The commissioner may appoint a monitor, conservator, |
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management team, or board of managers to the district to ensure and |
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oversee district-level support to low-performing campuses and the |
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implementation of the updated targeted improvement plan. In making |
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appointments under this subsection, the commissioner shall |
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consider individuals who have demonstrated success in managing |
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campuses with student populations similar to the campus at which |
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the individual appointed will serve. |
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(e) If a campus is considered to have an unacceptable |
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performance rating for three consecutive school years after the |
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campus is reconstituted under Subsection (a) or granted a charter |
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under Section 12.0522, the commissioner shall order: |
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(1) repurposing of the campus under this section; |
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(2) alternative management of the campus under this |
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section; or |
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(3) closure of the campus. |
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SECTION 4. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 5. 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 September 1, 2011. |