83R4260 JSL-F

By: Ratliff H.B. No. 672

A BILL TO BE ENTITLED

AN ACT

relating to the establishment, operation, and funding of open-enrollment charter schools primarily serving students with disabilities.

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

SECTION 1. Subchapter D, Chapter 12, Education Code, is amended by adding Sections 12.1011 and 12.1062 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 eligible to receive services under Subchapter A, Chapter 29.

(b) The limit on the number of open-enrollment charter schools imposed by Section 12.101(b) does not apply to a charter granted under this section to a school at which at least 50 percent of the students are eligible to receive services under Subchapter A, Chapter 29.

(c) 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.

(d) 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.

(e) 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.

(f) Each educator, including a person performing the duties of a superintendent, employed or under contract to serve on the instructional or administrative staff of an open-enrollment charter school described by Subsection (a) must hold the appropriate certificate, as determined in accordance with State Board for Educator Certification rule, to serve students with a disability of the same type as a disability of students enrolled in the school.

(g) The commissioner and the State Board for Educator Certification shall adopt rules as necessary to administer this section.

Sec. 12.1062. FUNDING FOR CHARTER SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES. A charter holder granted a charter under Section 12.1011 is entitled to receive for the open-enrollment charter school the sum of:

(1) funding under Chapter 42 equal to 105 percent of the amount of funding per student that the charter holder is entitled to receive under Section 12.106 for students receiving special education services under Subchapter A, Chapter 29;

(2) funding under Chapter 42 that the charter holder is entitled to receive under Section 12.106 for students not receiving special education services under Subchapter A, Chapter 29; and

(3) federal funds a student is eligible for under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.).

SECTION 2. This Act applies beginning with the 2014-2015 school year.

SECTION 3. The State Board of Education is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the board may, but it is not required to, implement this Act using other appropriations available for that purpose.

SECTION 4. 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, 2013.