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A BILL TO BE ENTITLED
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AN ACT
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relating to alternative methods of operating public schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.013, Education Code, is amended by |
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amending Subsection (b) and adding Subsections (c), (d), and (e) to |
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read as follows: |
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(b) A home-rule school district is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) a provision of this title relating to limitations |
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on liability; and |
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(3) unless a waiver is granted under Subsection (c), a |
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prohibition, restriction, or requirement, as applicable, imposed |
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by this title or a rule adopted under this title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) [educator certification under Chapter 21 and
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educator rights under Sections 21.407, 21.408, and 22.001;
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[(C)] criminal history records under Subchapter |
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C, Chapter 22; |
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(C) [(D)] student admissions under Section |
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25.001; |
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(D) [(E)] school attendance under Sections |
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25.085, 25.086, and 25.087; |
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(E) [(F)] inter-district or inter-county |
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transfers of students under Subchapter B, Chapter 25; |
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(F) [(G) elementary class size limits under
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Section 25.112, in the case of any campus in the district that fails
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to satisfy any standard under Section 39.054(d);
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[(H)] high school graduation under Section |
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28.025; |
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(G) [(I)] special education programs under |
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Subchapter A, Chapter 29; |
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(H) [(J)] bilingual education under Subchapter |
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B, Chapter 29; |
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(I) [(K)] prekindergarten programs under |
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Subchapter E, Chapter 29; |
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(J) [(L)] safety provisions relating to the |
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transportation of students under Sections 34.002, 34.003, 34.004, |
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and 34.008; |
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(K) [(M)] computation and distribution of state |
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aid under Chapters 31, 42, and 43; |
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(L) [(N)] extracurricular activities under |
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Section 33.081; |
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(M) [(O)] health and safety under Chapter 38; |
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(N) [(P)] public school accountability under |
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Subchapters B, C, D, E, G, and J, Chapter 39; |
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(O) [(Q)] equalized wealth under Chapter 41; |
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(P) [(R)] a bond or other obligation or tax rate |
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under Chapters 42, 43, and 45; and |
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(Q) [(S)] purchasing under Chapter 44. |
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(c) The commissioner may grant to a home-rule school |
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district a waiver of a prohibition, restriction, or requirement to |
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which the district is otherwise subject under Subsection (b)(3), |
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other than a prohibition, restriction, or requirement to which the |
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district is subject under Subsection (b)(3)(N), if: |
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(1) the district: |
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(A) submits a written request for the waiver in |
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the time and manner required by commissioner rule; and |
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(B) states in the waiver request the purpose of |
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the request, including the manner in which the waiver is intended |
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to: |
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(i) improve student performance; or |
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(ii) reduce district operational costs |
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without detrimentally affecting student performance; and |
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(2) the commissioner reasonably determines that the |
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waiver is likely to assist the district in achieving the purpose |
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stated in the waiver request. |
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(d) The commissioner shall adopt rules as necessary to |
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administer Subsection (c). |
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(e) Not later than December 31 of each even-numbered year, |
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the commissioner shall submit to the governor, the lieutenant |
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governor, the speaker of the house of representatives, and the |
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presiding officer of the standing committee of each house of the |
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legislature with primary jurisdiction over public education a |
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written report of each waiver request made and granted under |
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Subsection (c) for the preceding two complete school years. |
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SECTION 2. Section 12.014, Education Code, is amended to |
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read as follows: |
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Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. (a) The |
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board of trustees of a school district shall appoint a charter |
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commission to frame a home-rule school district charter if: |
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(1) the board receives a petition requesting the |
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appointment of a charter commission to frame a home-rule school |
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district charter signed by at least five percent of the registered |
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voters of the district; [or] |
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(2) at least two-thirds of the total membership of the |
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board adopt a resolution ordering that a charter commission be |
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appointed; or |
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(3) a majority of the total membership of the board of |
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a district that, for the preceding two school years, has been |
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awarded an exemplary distinction designation under Subchapter G, |
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Chapter 39, adopts a resolution ordering that a charter commission |
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be appointed. |
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(b) Subsection (a)(3) applies to a school district awarded |
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an exemplary distinction designation under Subchapter G, Chapter |
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39, only if the distinction designation has been awarded without |
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considering the projected performance of district students on |
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assessment instruments administered under Subchapter B, Chapter |
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39. |
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SECTION 3. Section 12.016, Education Code, is amended to |
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read as follows: |
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Sec. 12.016. CONTENT. Each home-rule school district |
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charter must: |
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(1) describe the educational program to be offered; |
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(2) provide that continuation of the home-rule school |
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district charter is contingent on: |
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(A) acceptable student performance on assessment |
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instruments adopted under Subchapter B, Chapter 39; [and] |
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(B) compliance with other applicable |
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accountability provisions under Chapter 39; and |
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(C) maintenance of the district's exemplary |
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distinction designation, in the case of a district described by |
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Section 12.014(a)(3); |
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(3) specify any basis, in addition to a basis |
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specified by this subchapter, on which the charter may be placed on |
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probation or revoked; |
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(4) describe the governing structure of the district |
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and campuses; |
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(5) specify any procedure or requirement, in addition |
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to those under Chapter 38, that the district will follow to ensure |
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the health and safety of students and employees; |
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(6) describe the process by which the district will |
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adopt an annual budget, including a description of the use of |
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program-weight funds; |
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(7) describe the manner in which an annual audit of |
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financial and programmatic operations of the district is to be |
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conducted, including the manner in which the district will provide |
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information necessary for the district to participate in the Public |
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Education Information Management System (PEIMS) to the extent |
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required by this subchapter; and |
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(8) include any other provision the charter commission |
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considers necessary. |
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SECTION 4. Section 12.019, Education Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A school district described by Section 12.014(a)(3) is |
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not required to hold an election under this section on the |
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district's charter. |
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SECTION 5. Section 12.020, Education Code, is amended by |
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adding Subsection (k) to read as follows: |
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(k) A school district described by Section 12.014(a)(3) is |
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not required to hold an election under this section on a charter |
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amendment. |
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SECTION 6. Section 12.021(a), Education Code, is amended to |
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read as follows: |
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(a) Except as provided by Section 12.0211 and subject |
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[Subject] to Section 12.022, a proposed home-rule school district |
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charter or a proposed charter amendment is adopted if approved by a |
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majority of the qualified voters of the district voting at an |
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election held for that purpose. |
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SECTION 7. Subchapter B, Chapter 12, Education Code, is |
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amended by adding Section 12.0211 to read as follows: |
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Sec. 12.0211. ALTERNATIVE ADOPTION OF CHARTER OR CHARTER |
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AMENDMENT; EMPOWERMENT HOME-RULE SCHOOL DISTRICT. (a) Section |
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12.021 does not apply to a school district described by Section |
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12.014(a)(3). |
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(b) A proposed charter or charter amendment in a school |
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district described by Section 12.014(a)(3) is considered adopted |
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after approval under Section 12.018 or 12.020, as applicable, on |
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order by the governing body declaring adoption. The charter or |
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charter amendment shall specify an effective date and takes effect |
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according to its terms. |
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(c) At the time a school district described by Section |
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12.014(a)(3) adopts a charter, the district becomes an empowerment |
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home-rule school district. |
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SECTION 8. Section 12.023(a), Education Code, is amended to |
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read as follows: |
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(a) As soon as practicable after a school district adopts a |
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home-rule school district charter or charter amendment, the |
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president of the board of trustees shall certify to the secretary of |
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state a copy of the charter or amendment showing the approval by the |
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voters of the district, except that a district described by Section |
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12.014(a)(3) is not required to show approval by the voters of the |
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district. |
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SECTION 9. Sections 12.052(a) and (c), Education Code, are |
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amended to read as follows: |
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(a) In accordance with this subchapter, the board of |
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trustees or the superintendent of a school district [or the
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governing body of a home-rule school district] may grant a charter |
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to parents and teachers for a campus or a program on a campus if the |
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board or superintendent, as applicable, is presented with a |
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petition signed by: |
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(1) the parents of a majority of the students at that |
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school campus; and |
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(2) a majority of the classroom teachers at that |
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school campus. |
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(c) A charter [The board of trustees] may not arbitrarily be |
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denied [deny a charter] under this section. |
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SECTION 10. Section 12.0521(a), Education Code, is amended |
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to read as follows: |
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(a) Notwithstanding Section 12.052, in accordance with this |
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subchapter and in the manner provided by this section, the board of |
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trustees or the superintendent of a school district [or the
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governing body of a home-rule school district] may grant a charter |
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for: |
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(1) a new district campus; or |
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(2) a program that is operated: |
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(A) by an entity that has entered into a contract |
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with the district under Section 11.157 to provide educational |
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services to the district through the campus or program; and |
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(B) at a facility located in the boundaries of |
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the district. |
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SECTION 11. 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. Notwithstanding Section 12.052, in accordance with |
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this subchapter, the board of trustees of a school district shall, |
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as ordered by the commissioner under Section 39.107(a)(2), grant a |
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charter for a campus that has been identified as unacceptable for |
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two consecutive school years. |
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SECTION 12. Section 12.053(a), Education Code, is amended |
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to read as follows: |
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(a) The board of trustees or the superintendent of a school |
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district may grant a charter to parents and teachers at two or more |
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campuses in the district for a cooperative charter program if the |
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board or superintendent, as applicable, is presented with a |
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petition signed by: |
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(1) the parents of a majority of the students at each |
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school campus; and |
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(2) a majority of the classroom teachers at each |
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school campus. |
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SECTION 13. Section 12.057(c), Education Code, is amended |
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to 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 14. Sections 12.060, 12.061, 12.062, and 12.063, |
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Education Code, are amended to read as follows: |
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Sec. 12.060. FORM. A charter shall be in the form and |
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substance of a written contract signed by the president of the board |
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of trustees or the superintendent, as applicable, granting the |
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charter and the chief operating officer of the campus or program for |
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which the charter is granted. |
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Sec. 12.061. CHARTER GRANTED. Each charter granted [a
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board of trustees grants] under this subchapter must: |
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(1) satisfy this subchapter; and |
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(2) include the information that is required under |
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Section 12.059 consistent with the information provided in the |
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application and any modification the board requires. |
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Sec. 12.062. REVISION. (a) A charter granted under |
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Section 12.052, 12.0522, or 12.053 may be revised: |
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(1) with the approval of the board of trustees or |
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superintendent, as applicable, that granted the charter; and |
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(2) on a petition signed by a majority of the parents |
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and a majority of the classroom teachers at the campus or in the |
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program, as applicable. |
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(b) A charter granted under Section 12.0521 may be revised |
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with the approval of the board of trustees or superintendent, as |
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applicable, that granted the charter. A charter may be revised |
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under this subsection only before the first day of instruction of a |
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school year or after the final day of instruction of a school year. |
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Sec. 12.063. BASIS FOR PLACEMENT ON PROBATION OR |
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REVOCATION. (a) A board of trustees or superintendent may place |
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on probation or revoke a charter the board or superintendent, as |
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applicable, [it] grants if the board or superintendent determines |
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that the campus or program: |
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(1) committed a material violation of the charter; |
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(2) failed to satisfy generally accepted accounting |
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standards of fiscal management; or |
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(3) failed to comply with this subchapter, another |
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law, or a state agency rule. |
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(b) The action the board or superintendent takes under |
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Subsection (a) shall be based on the best interest of campus or |
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program students, the severity of the violation, and any previous |
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violation the campus or program has committed. |
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SECTION 15. Section 12.064(a), Education Code, is amended |
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to read as follows: |
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(a) Each board of trustees or superintendent that grants a |
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charter under this subchapter shall adopt a procedure to be used for |
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placing on probation or revoking a charter the board or |
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superintendent, as applicable, [it] grants. |
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SECTION 16. Subchapter C, Chapter 12, Education Code, is |
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amended by adding Sections 12.066 and 12.067 to read as follows: |
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Sec. 12.066. FUNDING. The amount of funding for a campus or |
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program granted a charter under this subchapter may not be less, on |
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a per student basis, than the amount of funding for any regular |
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campus in the school district in which the campus or program is |
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located. |
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Sec. 12.067. ITEMIZATION OF COSTS PROVIDED BY DISTRICT. If |
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a charter is granted under Section 12.0521(a)(2) for a program that |
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is operated by an entity that has entered into a contract with a |
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school district under Section 11.157 to provide educational |
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services to the district through the campus or program, the |
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district shall provide to the entity: |
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(1) an itemized list of the services that the district |
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provided for program purposes before operation of the program under |
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the contract and the cost of those services; and |
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(2) an itemized list of any services that the district |
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will continue to provide for the program and the cost of those |
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services. |
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SECTION 17. The heading to Section 39.107, Education Code, |
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is amended to read as follows: |
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Sec. 39.107. RECONSTITUTION, CONVERSION TO CHARTER CAMPUS, |
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REPURPOSING, ALTERNATIVE MANAGEMENT, AND CLOSURE. |
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SECTION 18. Section 39.107, Education Code, is amended by |
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amending Subsections (a) and (e) and adding Subsections (a-2), |
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(e-2), and (e-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: |
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(1) order the reconstitution of the campus; or |
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(2) order the reconstitution of the campus and direct |
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the board of trustees of the school district or governing body of |
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the home-rule school district in which the campus is located to |
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convert the campus to a charter campus by granting a charter under |
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Section 12.0522. |
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(a-2) After a campus is converted to a charter campus under |
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Subsection (a)(2), this section continues to apply to the campus. |
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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), the commissioner, |
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subject to Subsection (e-1) or (e-2), 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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(e-2) For purposes of this subsection, "parent" has the |
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meaning assigned by Section 12.051. If the commissioner is |
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presented, in the time and manner specified by commissioner rule, a |
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written petition signed by the parents of a majority of the students |
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enrolled at a campus to which Subsection (e) applies, specifying |
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the action described by Subsection (e)(1), (2), or (3) that the |
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parents request the commissioner to order, the commissioner shall, |
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except as otherwise authorized by this subsection, order the |
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specific action requested. If the board of trustees of the school |
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district in which the campus is located presents to the |
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commissioner, in the time and manner specified by commissioner |
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rule, a written request that the commissioner order specific action |
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authorized under Subsection (e) other than the specific action |
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requested in the parents' petition and a written explanation of the |
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basis for the board's request, the commissioner may order the |
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action requested by the board of trustees. |
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(e-3) For purposes of Subsection (e-2), the signature of |
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only one parent of a student is required. |
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SECTION 19. Notwithstanding Section 12.013(e), Education |
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Code, as added by this Act, the report submitted by the commissioner |
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of education on or before December 31, 2012, must cover only waiver |
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requests made and granted for the 2011-2012 school year. |
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SECTION 20. This Act applies beginning with the 2011-2012 |
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school year. |
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SECTION 21. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |