|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the establishment, operation, and funding of |
|
open-enrollment charter schools. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 12.101, Education Code, is amended by |
|
amending Subsection (b) and adding Subsections (b-1) and (b-2) to |
|
read as follows: |
|
(b) The State Board of Education, after thoroughly |
|
investigating and evaluating an applicant, may grant a charter for |
|
an open-enrollment charter school only to an applicant that meets |
|
any financial, governing, curriculum development and |
|
implementation, and operational standards adopted by the |
|
commissioner under this subchapter. The State Board of Education |
|
may not grant [a total of] more than 10 new [215] charters for an |
|
open-enrollment charter school each state fiscal year. |
|
(b-1) A charter holder may establish one or more new |
|
open-enrollment charter school campuses under a charter without |
|
applying for authorization from the State Board of Education 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) either no campus operating under the charter has |
|
been assigned an unacceptable performance rating as provided by |
|
Subchapter C, Chapter 39, for any two of the three preceding school |
|
years or such a campus has been closed; |
|
(3) the charter holder satisfies generally accepted |
|
accounting standards of fiscal management; |
|
(4) 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 |
|
(5) not later than the 90th day after the date the |
|
charter holder provides written notice under Subdivision (4), the |
|
commissioner does not provide written notice to the charter holder |
|
disapproving a new campus under this section. |
|
(b-2) This subsection expires January 1, 2015. For purposes |
|
of Subsection (b-1): |
|
(1) an open-enrollment charter school campus 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; and |
|
(2) an open-enrollment charter school campus rated as |
|
academically unacceptable under Subchapter D, Chapter 39, as that |
|
subchapter existed January 1, 2009, for the 2008-2009, 2009-2010, |
|
or 2010-2011 school year is considered to have been assigned an |
|
unacceptable performance rating for the applicable school year. |
|
SECTION 2. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1011 to read as follows: |
|
Sec. 12.1011. AUTHORIZATION FOR GRANT OF CHARTERS FOR |
|
SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES. (a) The |
|
State Board of Education may grant under Section 12.101 a charter on |
|
the application of an eligible entity for an open-enrollment |
|
charter school intended primarily to serve students with |
|
disabilities, including students with autism. A charter granted |
|
under this section is not considered for purposes of the limit on |
|
the number of open-enrollment charter schools imposed by Section |
|
12.101(b). |
|
(b) For purposes of the applicability of state and federal |
|
law, including a law prescribing requirements concerning students |
|
with disabilities, an open-enrollment charter school described by |
|
Subsection (a) is considered the same as any other school for which |
|
a charter is granted under Section 12.101. |
|
(c) To the fullest extent permitted under federal law, a |
|
parent of a student with a disability may choose to enroll the |
|
parent's child in an open-enrollment charter school described by |
|
Subsection (a) regardless of whether a disproportionate number of |
|
the school's students are students with disabilities. |
|
(d) This section does not authorize an open-enrollment |
|
charter school to discriminate in admissions or in the services |
|
provided based on the presence, absence, or nature of an |
|
applicant's or student's disability. |
|
SECTION 3. Section 12.104, Education Code, is amended by |
|
amending Subsection (b) and adding Subsection (e) to read as |
|
follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) reading instruments and accelerated reading |
|
instruction programs under Section 28.006; |
|
(D) accelerated instruction under Section |
|
28.0211; |
|
(E) high school graduation requirements under |
|
Section 28.025; |
|
(F) special education programs under Subchapter |
|
A, Chapter 29; |
|
(G) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(H) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) public school accountability under |
|
Subchapters B, C, D, E, and J, Chapter 39, except as provided by |
|
Subsection (e); |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; and |
|
(N) intensive programs of instruction under |
|
Section 28.0213. |
|
(e) In computing dropout and completion rates for an |
|
open-enrollment charter school, the commissioner may: |
|
(1) exclude students who are ordered by a court to |
|
attend a high school equivalency certificate program but who have |
|
not yet earned a high school equivalency certificate; and |
|
(2) exclude students who were previously reported to |
|
the state as dropouts. |
|
SECTION 4. Section 12.1101, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
|
ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a |
|
procedure for providing notice to the following persons on receipt |
|
by the State Board of Education of an application for a charter for |
|
an open-enrollment charter school under Section 12.110 or on |
|
receipt by the board and the commissioner of notice of the |
|
establishment of a campus as authorized under Section 12.101(b-1): |
|
(1) the board of trustees of each school district from |
|
which the proposed open-enrollment charter school or campus is |
|
likely to draw students, as determined by the commissioner; and |
|
(2) each member of the legislature that represents the |
|
geographic area to be served by the proposed school or campus, as |
|
determined by the commissioner. |
|
SECTION 5. Section 12.111(a), Education Code, is amended to |
|
read as follows: |
|
(a) Each charter granted under this subchapter must: |
|
(1) describe the educational program to be offered, |
|
which must include the required curriculum as provided by Section |
|
28.002; |
|
(2) specify the period for which the charter or, |
|
consistent with Section 12.116(b-1), any charter renewal is valid; |
|
(3) provide that continuation or renewal of the |
|
charter is contingent on the status of the charter as provided by |
|
Section 12.116(b-1) [acceptable student performance on assessment
|
|
instruments adopted under Subchapter B, Chapter 39, and on
|
|
compliance with any accountability provision specified by the
|
|
charter, by a deadline or at intervals specified by the charter]; |
|
(4) [establish the level of student performance that
|
|
is considered acceptable for purposes of Subdivision (3);
|
|
[(5)] specify any basis, in addition to a basis |
|
specified by this subchapter, on which the charter may be placed on |
|
probation or revoked [or on which renewal of the charter may be
|
|
denied]; |
|
(5) [(6)] prohibit discrimination in admission policy |
|
on the basis of sex, national origin, ethnicity, religion, |
|
disability, academic, artistic, or athletic ability, or the |
|
district the child would otherwise attend in accordance with this |
|
code, although the charter may: |
|
(A) provide for the exclusion of a student who |
|
has a documented history of a criminal offense, a juvenile court |
|
adjudication, or discipline problems under Subchapter A, Chapter |
|
37; and |
|
(B) provide for an admission policy that requires |
|
a student to demonstrate artistic ability if the school specializes |
|
in performing arts; |
|
(6) [(7)] specify the grade levels to be offered; |
|
(7) [(8)] describe the governing structure of the |
|
program, including: |
|
(A) the officer positions designated; |
|
(B) the manner in which officers are selected and |
|
removed from office; |
|
(C) the manner in which members of the governing |
|
body of the school are selected and removed from office; |
|
(D) the manner in which vacancies on that |
|
governing body are filled; |
|
(E) the term for which members of that governing |
|
body serve; and |
|
(F) whether the terms are to be staggered; |
|
(8) [(9)] specify the powers or duties of the |
|
governing body of the school that the governing body may delegate to |
|
an officer; |
|
(9) [(10)] specify the manner in which the school will |
|
distribute to parents information related to the qualifications of |
|
each professional employee of the program, including any |
|
professional or educational degree held by each employee, a |
|
statement of any certification under Subchapter B, Chapter 21, held |
|
by each employee, and any relevant experience of each employee; |
|
(10) [(11)] describe the process by which the person |
|
providing the program will adopt an annual budget; |
|
(11) [(12)] describe the manner in which an annual |
|
audit of the financial and programmatic operations of the program |
|
is to be conducted, including the manner in which the person |
|
providing the program will provide information necessary for the |
|
school district in which the program is located to participate, as |
|
required by this code or by State Board of Education rule, in the |
|
Public Education Information Management System (PEIMS); |
|
(12) [(13)] describe the facilities to be used; |
|
(13) [(14)] describe the geographical area served by |
|
the program; and |
|
(14) [(15)] specify any type of enrollment criteria to |
|
be used. |
|
SECTION 6. Section 12.115, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.115. BASIS FOR MODIFICATION, PLACEMENT ON |
|
PROBATION, OR REVOCATION[, OR DENIAL OF RENEWAL]. (a) The |
|
commissioner may modify, place on probation, or revoke[, or deny
|
|
renewal of] the charter of an open-enrollment charter school if the |
|
commissioner determines that the charter holder: |
|
(1) committed a material violation of the charter, |
|
including failure to satisfy accountability provisions prescribed |
|
by the charter; |
|
(2) failed to satisfy generally accepted accounting |
|
standards of fiscal management; |
|
(3) failed to protect the health, safety, or welfare |
|
of the students enrolled at the school; or |
|
(4) failed to comply with this subchapter or another |
|
applicable law or rule. |
|
(b) The action the commissioner takes under Subsection (a) |
|
shall be based on: |
|
(1) the best interest of the school's students; |
|
(2) [,] the severity of the violation[,] and any |
|
previous violation the school has committed; and |
|
(3) the accreditation status of the school under |
|
Subchapter C, Chapter 39. |
|
SECTION 7. Section 12.116, Education Code, is amended by |
|
adding Subsections (a-1) and (b-1) and amending Subsection (b) to |
|
read as follows: |
|
(a-1) The commissioner shall revoke the charter of an |
|
open-enrollment charter school in accordance with the procedure |
|
adopted under Subsection (a) if, after all information required for |
|
determining a performance rating has been considered, the |
|
commissioner determines that the school is insolvent as a result of |
|
recovery of overallocated state funds under Section 42.258(a). |
|
(b) The commissioner shall revoke the charter of an |
|
open-enrollment charter school without a hearing if each campus |
|
operated under the school's charter has been ordered closed under |
|
Section 39.107 [procedure adopted under Subsection (a) must provide
|
|
an opportunity for a hearing to the charter holder and to parents
|
|
and guardians of students in the school.
A hearing under this
|
|
subsection must be held at the facility at which the program is
|
|
operated]. |
|
(b-1) The procedure adopted under Subsection (a) for |
|
denying renewal of the charter of an open-enrollment charter school |
|
must provide that the charter automatically renews unless the |
|
school's charter is revoked under Subchapter E, Chapter 39, before |
|
the expiration of a charter term. The term for which a charter is |
|
renewed shall not be less than 10 years. |
|
SECTION 8. Section 12.118(a), Education Code, is amended to |
|
read as follows: |
|
(a) The commissioner shall designate an impartial |
|
organization with experience in evaluating school choice programs |
|
to conduct, under the supervision of the commissioner, an annual |
|
evaluation of open-enrollment charter schools. |
|
SECTION 9. Section 12.119(c), Education Code, is amended to |
|
read as follows: |
|
(c) On request, the State Board of Education shall provide |
|
the information required by this section and Section 12.111(a)(7) |
|
[12.111(8)] to a member of the public. The board may charge a |
|
reasonable fee to cover the board's cost in providing the |
|
information. |
|
SECTION 10. Section 12.113(b), Education Code, is repealed. |
|
SECTION 11. This Act applies beginning with the 2011-2012 |
|
school year. |
|
SECTION 12. 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. |