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A BILL TO BE ENTITLED
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AN ACT
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relating to charter schools and home-rule charter school districts, |
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including establishment of the Charter School Authorizing |
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Authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 11, Education Code, is |
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amended by adding Sections 11.1542 and 11.1543 to read as follows: |
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Sec. 11.1542. OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR |
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INDEPENDENT SCHOOL DISTRICT FACILITY. (a) The commissioner shall by |
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rule adopt a procedure and criteria for determining whether an |
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independent school district facility or a portion of a district |
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facility is unused or underutilized by the district. Each year, the |
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commissioner shall, using the procedure and criteria adopted, |
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identify for each district any district facility or any portion of a |
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district facility that is unused or underutilized. Each year, the |
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agency shall post on the agency's Internet website a list of each |
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district's unused or underutilized facilities and portions of |
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facilities. At the request of an open-enrollment charter school, a |
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district shall provide to the charter school a list of unused and |
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underutilized district facilities and portions of district |
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facilities as identified by the commissioner. |
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(b) This subsection applies only to a school district |
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facility or a portion of a district facility identified by the |
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commissioner under Subsection (a) as being unused or underutilized |
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by the district. If the charter holder of an open-enrollment |
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charter school makes a written offer to a district to lease or |
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purchase a district facility or a portion of a district facility |
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identified as being unused or underutilized, the district shall |
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enter into an agreement to lease or sell, as applicable, the |
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facility or the portion of the facility to the charter holder for |
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use by the open-enrollment charter school for classroom |
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instruction. The price for the lease or sale must be $1. |
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(c) If a charter holder who enters into a lease or purchase |
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agreement for a district facility or a portion of a district |
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facility under Subsection (b) does not, on or before the second |
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anniversary of the date of the agreement, begin using the facility |
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or the portion of the facility for open-enrollment charter school |
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classroom instruction, the facility or the portion of the facility |
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shall be placed again on the commissioner's list under Subsection |
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(a). |
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(d) If a charter holder to whom a district facility is sold |
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under Subsection (b) subsequently sells or transfers the facility |
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to a third party, the charter holder shall pay an amount equal to |
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the amount of any gain in the property minus the adjusted basis, |
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including costs of improvements to the facility, to the district |
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from which the charter holder purchased the facility. This |
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subsection applies to a subsequent sale or transfer by the charter |
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holder even if the charter holder is represented as a different |
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entity. For purposes of this subsection, the amount of any gain and |
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the adjusted basis for purposes of determining gain shall be |
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determined in accordance with applicable federal law and |
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regulations. |
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Sec. 11.1543. CHARTER SCHOOL PAYMENT FOR FACILITIES USE OR |
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FOR SERVICES. (a) An independent school district may not require |
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a campus or campus program that has been granted a charter under |
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Subchapter C, Chapter 12, and that is the result of the conversion |
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of the status of an existing school district campus to pay rent for |
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or to purchase a facility in order to use the facility. |
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(b) An independent school district may not require a campus |
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or campus program described by Subsection (a) or an open-enrollment |
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charter school to pay for any service provided by the district under |
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a contract between the district and the campus, campus program, or |
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open-enrollment charter school an amount that is greater than the |
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amount of the actual costs to the district of providing the service. |
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SECTION 2. Subchapter A, Chapter 12, Education Code, is |
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amended by adding Section 12.004 to read as follows: |
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Sec. 12.004. DEFINITION. In this chapter, "authority" |
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means the Charter School Authorizing Authority established under |
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Subchapter A-1. |
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SECTION 3. Chapter 12, Education Code, is amended by adding |
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Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. CHARTER SCHOOL AUTHORIZING AUTHORITY |
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Sec. 12.007. ESTABLISHMENT; POWERS AND DUTIES. (a) The |
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Charter School Authorizing Authority is established to oversee the |
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operations of charter schools in accordance with this chapter, |
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including: |
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(1) granting charters for: |
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(A) open-enrollment charter schools under |
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Subchapter D; and |
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(B) college or university or junior college |
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charter schools under Subchapter E; |
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(2) revoking charters and imposing other sanctions in |
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accordance with Subchapters B, D, and E; and |
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(3) monitoring charter holders of open-enrollment |
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charter schools under Subchapter D. |
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(b) The authority shall adopt rules as required by this |
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chapter and may adopt other rules as authorized by this chapter. |
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Sec. 12.0071. COMPOSITION. The authority is composed of |
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seven members appointed as follows: |
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(1) four members appointed by the governor, one of |
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whom must be appointed from a list of candidates submitted to the |
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governor by the speaker of the house of representatives; |
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(2) one member appointed by the lieutenant governor; |
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(3) one member appointed by the chair of the State |
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Board of Education; and |
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(4) one member appointed by the commissioner. |
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Sec. 12.0072. ELIGIBILITY FOR APPOINTMENT. To be eligible |
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to be appointed as a member of the authority, a person must have |
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demonstrated expertise in at least one of the following: |
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(1) public or nonprofit governance; |
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(2) management and finance; |
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(3) public charter school leadership; |
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(4) school assessment, curriculum, and instruction; |
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or |
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(5) public school law. |
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Sec. 12.0073. TERMS; VACANCY. (a) The members of the |
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authority serve staggered four-year terms, with the terms of either |
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three or four members expiring February 1 of each odd-numbered |
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year. |
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(b) A vacancy on the authority shall be filled in the same |
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manner as the original appointment for that position. |
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(c) Notwithstanding Subsection (a), the initial members |
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appointed shall determine by lot which three of the seven initial |
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members will serve terms that expire February 1, 2015, and which |
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four of the seven initial members will serve terms that expire |
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February 1, 2017. This subsection expires January 1, 2018. |
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Sec. 12.0074. PRESIDING OFFICER. The governor shall |
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designate a member of the authority as the presiding officer of the |
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authority to serve in that capacity at the pleasure of the governor. |
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Sec. 12.0075. MEETINGS. The authority shall meet at the |
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call of: |
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(1) the presiding officer; or |
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(2) at least four members. |
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Sec. 12.0076. REIMBURSEMENT. A member of the authority is |
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not entitled to compensation for service as a member of the |
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authority but is entitled to reimbursement for actual and necessary |
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expenses incurred in performing functions as an authority member, |
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as provided in the General Appropriations Act. |
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Sec. 12.0077. SEPARATION OF AUTHORITY AND AGENCY |
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RESPONSIBILITIES. The authority shall, in coordination with the |
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agency, develop and implement policies that clearly separate the |
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policymaking responsibilities of the authority and the management |
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responsibilities of the agency. |
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Sec. 12.0078. AGENCY SUPPORT SERVICES. To the extent |
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needed by the authority to carry out the authority's powers and |
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duties and as agreed to by the authority and the agency, the agency |
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shall provide the authority with services, including fiscal, |
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administrative, and personnel services and legal services not |
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provided by the attorney general. |
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Sec. 12.0079. INITIAL APPOINTMENTS. The initial |
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appointments to the authority shall be made as soon as practicable |
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after the effective date of this subchapter. This section expires |
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September 1, 2014. |
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SECTION 4. Section 12.013(b), Education Code, is amended 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) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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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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[(D) student admissions under Section 25.001;
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[(E)
school attendance under Sections 25.085,
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25.086, and 25.087;
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[(F)
inter-district or inter-county transfers of
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students under Subchapter B, Chapter 25;
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[(G)
elementary class size limits under Section
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25.112, in the case of any campus in the district that fails to
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satisfy any standard under Section 39.054(e);
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[(H)
high school graduation under Section
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28.025;
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[(I)
special education programs under Subchapter
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A, Chapter 29;
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[(J)
bilingual education under Subchapter B,
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Chapter 29;
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[(K)
prekindergarten programs under Subchapter
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E, Chapter 29;
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[(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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[(M)] computation and distribution of state aid |
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under Chapters 31, 42, and 43; |
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(B) [(N)
extracurricular activities under
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Section 33.081;
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[(O) health and safety under Chapter 38;
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[(P)
public school accountability under
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Subchapters B, C, D, E, and J, Chapter 39;
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[(Q)] equalized wealth under Chapter 41; |
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(C) [(R)] a bond or other obligation or tax rate |
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under Chapters 42, 43, and 45; and |
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(D) [(S)] purchasing under Chapter 44; and |
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(4) any prohibition, restriction, or requirement, as |
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applicable, imposed on an open-enrollment charter school under |
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Section 12.104(b). |
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SECTION 5. 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. The board |
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of trustees of a school district shall appoint a charter commission |
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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) a majority [at least two-thirds] of the total |
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membership of the board adopts [adopt] a resolution ordering that a |
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charter commission be appointed. |
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SECTION 6. Section 12.018, Education Code, is amended to |
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read as follows: |
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Sec. 12.018. LEGAL REVIEW. The charter commission shall |
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submit the proposed charter to the authority [commissioner]. As |
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soon as practicable, but not later than the 30th day after the date |
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the authority [commissioner] receives the proposed charter, the |
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authority [commissioner] shall review the proposed charter to |
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ensure that the proposed charter complies with any applicable laws |
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and shall recommend to the charter commission any modifications |
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necessary. If the authority [commissioner] does not act within the |
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prescribed time, the proposed charter is approved. |
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SECTION 7. Sections 12.020(a), (b), and (c), Education |
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Code, are amended to read as follows: |
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(a) The governing body of a home-rule school district on its |
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own motion may submit a proposed charter amendment that complies |
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with this subchapter to the authority [commissioner] for legal |
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review. |
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(b) The governing body shall submit a proposed charter |
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amendment that complies with this subchapter to the authority |
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[commissioner] for legal review if a petition submitted to the |
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governing body proposing the charter amendment is signed by at |
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least five percent of the registered voters of the district. |
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(c) As soon as practicable, but not later than the 30th day |
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after the date on which the authority receives the proposed |
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amendment [requirements for an election under Subsection (a) or (b)
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are satisfied], the authority [commissioner] shall review the |
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proposed amendment to ensure that the proposed amendment complies |
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with any applicable laws and shall recommend any modifications |
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necessary. If the authority [commissioner] does not act within the |
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prescribed time, the proposed charter amendment is approved. |
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SECTION 8. Section 12.021, Education Code, is amended to |
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read as follows: |
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Sec. 12.021. ADOPTION OF CHARTER OR CHARTER AMENDMENT. (a) |
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A [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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vote of a majority of the total membership of the governing body |
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[qualified voters] of the school district [voting at an election
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held for that purpose]. |
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(b) A charter or charter amendment shall specify an |
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effective date and takes effect according to its terms when the |
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governing body of the school district enters an order declaring |
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that the charter or charter amendment is adopted. The governing |
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body shall enter an order not later than the 10th day after the date |
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the governing body votes to approve the charter or charter |
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amendment [canvass of the election returns is completed]. |
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(c) As soon as practicable after a school district adopts a |
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home-rule school district charter or charter amendment, the [board
|
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of trustees or] governing body shall notify the authority |
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[commissioner] of the adoption [outcome of the election]. |
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SECTION 9. 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 governing body [board of trustees] shall certify |
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to the secretary of state a copy of the charter or amendment showing |
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the approval by the governing body [voters of the district]. |
|
SECTION 10. Sections 12.027(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) The authority [State Board of Education] may place on |
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probation or revoke a home-rule school district charter of a school |
|
district if the authority [board] determines that the district: |
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(1) committed a material violation of the charter; |
|
(2) failed to satisfy generally accepted accounting |
|
standards of fiscal management; or |
|
(3) failed to comply with this subchapter or other |
|
applicable federal or state law or rule. |
|
(b) The action the authority [board] takes under Subsection |
|
(a) shall be based on the best interest of district students, the |
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severity of the violation, and any previous violation the district |
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has committed. |
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SECTION 11. Section 12.028(a), Education Code, is amended |
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to read as follows: |
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(a) The authority [State Board of Education] by rule shall |
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adopt a procedure to be used for placing on probation or revoking a |
|
home-rule school district charter. |
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SECTION 12. Sections 12.030(b), (c), (f), and (g), |
|
Education Code, are amended to read as follows: |
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(b) The governing body of the district shall vote [order an
|
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election] on the question of rescinding a home-rule school district |
|
charter if: |
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(1) the governing body receives a petition requesting |
|
a rescission vote [election] signed by at least five percent of the |
|
registered voters of the district; or |
|
(2) a governing body motion is made, in accordance |
|
with the governing body's procedural rules, for [at least
|
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two-thirds of the total membership of] the governing body to vote on |
|
the question [adopt a resolution ordering that a rescission
|
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election be held]. |
|
(c) As soon as practicable after the date of receipt of a |
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petition as described by [or adoption of a resolution under] |
|
Subsection (b)(1) or as soon as practicable after a motion is made |
|
as described by Subsection (b)(2) [(b)], the governing body shall |
|
vote on the question of rescinding a home-rule school district |
|
charter [order an election]. |
|
(f) A home-rule school district charter is rescinded if the |
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rescission is approved by a [majority of the qualified voters of the
|
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district voting at an election held for that purpose at which at
|
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least 25 percent of the registered voters of the district] vote of a |
|
majority of the total membership of the governing body. |
|
(g) The rescission takes effect on a date established by |
|
resolution of the governing body but not later than the 90th day |
|
after the date the rescission is approved [of an election held under
|
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this section at which rescission of the charter is approved and at
|
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which the number of registered voters required] under Subsection |
|
(f) [vote]. As soon as practicable after that approval [election], |
|
the governing body shall notify the authority [commissioner] and |
|
the secretary of state of the approval [results of the election] and |
|
of the effective date of the rescission. |
|
SECTION 13. Section 12.056(b), Education Code, is amended |
|
to read as follows: |
|
(b) A campus or program for which a charter is granted under |
|
this subchapter 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) high school graduation under Section 28.025; |
|
(D) special education programs under Subchapter |
|
A, Chapter 29; |
|
(E) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(F) prekindergarten programs under Subchapter E, |
|
Chapter 29; |
|
(G) extracurricular activities under Section |
|
33.081; |
|
(H) health and safety under Chapter 38; and |
|
(I) public school accountability under |
|
Subchapters B, C, E, F, and J, Chapter 39. |
|
SECTION 14. Section 12.059, Education Code, is amended to |
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read as follows: |
|
Sec. 12.059. CONTENT. Each charter granted under this |
|
subchapter must: |
|
(1) describe the educational program to be offered, |
|
which may be a general or specialized program; |
|
(2) provide that continuation of the charter is |
|
contingent on satisfactory student performance under Subchapter B, |
|
Chapter 39, and on compliance with other applicable accountability |
|
provisions under Chapter 39; |
|
(3) specify any basis, in addition to a basis |
|
specified by this subchapter, on which the charter may be placed on |
|
probation or revoked; |
|
(4) prohibit discrimination in admission on the basis |
|
of national origin, ethnicity, race, religion, or disability; |
|
(5) describe the governing structure of the campus or |
|
program; |
|
(6) specify any procedure or requirement, in addition |
|
to those under Chapter 38, that the campus or program will follow to |
|
ensure the health and safety of students and employees; and |
|
(7) describe the manner in which an annual audit of |
|
financial and programmatic operations of the campus or program is |
|
to be conducted, including the manner in which the campus or program |
|
will provide information necessary for the school district in which |
|
it is located to participate, as required by this code or by [State
|
|
Board of Education] rule of the authority, in the Public Education |
|
Information Management System (PEIMS). |
|
SECTION 15. Section 12.101, Education Code, is amended by |
|
amending Subsections (a) and (b) and adding Subsections (b-1), |
|
(b-2), and (b-3) to read as follows: |
|
(a) In accordance with this subchapter, the authority |
|
[State Board of Education] may grant a charter on the application of |
|
an eligible entity for an open-enrollment charter school to operate |
|
in a facility of a commercial or nonprofit entity, an eligible |
|
entity, or a school district, including a home-rule school |
|
district. In this subsection, "eligible entity" means: |
|
(1) an institution of higher education as defined |
|
under Section 61.003; |
|
(2) a private or independent institution of higher |
|
education as defined under Section 61.003; |
|
(3) an organization that is exempt from taxation under |
|
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section |
|
501(c)(3)); or |
|
(4) a governmental entity. |
|
(b) After thoroughly investigating and evaluating an |
|
applicant, the authority [The State Board of Education] 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 authority |
|
[commissioner] under this subchapter[. The State Board of
|
|
Education may not grant a total of more than 215 charters for an
|
|
open-enrollment charter school]. |
|
(b-1) The authority may not grant more than one charter for |
|
an open-enrollment charter school to any charter holder. The |
|
authority may consolidate charters for an open-enrollment charter |
|
school held by multiple charter holders into a single charter held |
|
by a single charter holder with the written consent to the terms of |
|
consolidation by each charter holder affected by the consolidation. |
|
(b-2) A charter holder may establish one or more new |
|
open-enrollment charter school campuses under an existing charter |
|
held by the charter holder if: |
|
(1) each campus operating under the charter has 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 |
|
performance accountability rating under Subchapter D, Chapter 39, |
|
indicating financial performance that is satisfactory or better; |
|
(3) the charter holder provides written notice to the |
|
authority of the establishment of any campus under this subsection, |
|
in the time, manner, and form provided by rule of the authority; and |
|
(4) not later than the 60th day after the date the |
|
charter holder provides written notice under Subdivision (3), the |
|
authority does not provide written notice to the charter holder |
|
disapproving a new campus under this section. |
|
(b-3) The initial term of a charter granted under this |
|
section is five years. |
|
SECTION 16. Section 12.102, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment |
|
charter school: |
|
(1) shall provide instruction to students at one or |
|
more elementary or secondary grade levels as provided by the |
|
charter; |
|
(2) is governed under the governing structure |
|
described by the charter; |
|
(3) retains authority to operate under the charter to |
|
the extent authorized under Sections 12.1141 and 12.115 and |
|
Subchapter E, Chapter 39 [contingent on satisfactory student
|
|
performance as provided by the charter in accordance with Section
|
|
12.111]; and |
|
(4) does not have authority to impose taxes. |
|
SECTION 17. Section 12.104(b), Education Code, is amended |
|
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, F, G, and J, Chapter 39; |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; and |
|
(N) intensive programs of instruction under |
|
Section 28.0213. |
|
SECTION 18. Sections 12.1052(d) and (e), Education Code, |
|
are amended to read as follows: |
|
(d) The records of an open-enrollment charter school that |
|
ceases to operate shall be transferred in the manner specified by |
|
the authority [commissioner] to a custodian designated by the |
|
authority [commissioner]. The authority [commissioner] may |
|
designate any appropriate entity to serve as custodian, including |
|
the agency, a regional education service center, or a school |
|
district. In designating a custodian, the authority [commissioner] |
|
shall ensure that the transferred records, including student and |
|
personnel records, are transferred to a custodian capable of: |
|
(1) maintaining the records; |
|
(2) making the records readily accessible to students, |
|
parents, former school employees, and other persons entitled to |
|
access; and |
|
(3) complying with applicable state or federal law |
|
restricting access to the records. |
|
(e) If the charter holder of an open-enrollment charter |
|
school that ceases to operate or an officer or employee of such a |
|
school refuses to transfer school records in the manner specified |
|
by the authority [commissioner] under Subsection (d), the authority |
|
[commissioner] may ask the attorney general to petition a court for |
|
recovery of the records. If the court grants the petition, the |
|
court shall award attorney's fees and court costs to the state. |
|
SECTION 19. Section 12.1053(a), Education Code, is amended |
|
to read as follows: |
|
(a) This section applies to an open-enrollment charter |
|
school unless the school's charter otherwise describes procedures |
|
for purchasing and contracting and the procedures are approved by |
|
the authority [State Board of Education]. |
|
SECTION 20. Section 12.1057(a), Education Code, is amended |
|
to read as follows: |
|
(a) An employee of an open-enrollment charter school |
|
[operating under a charter granted by the State Board of Education] |
|
who qualifies for membership in the Teacher Retirement System of |
|
Texas shall be covered under the system to the same extent a |
|
qualified employee of a school district is covered. |
|
SECTION 21. Section 12.106, Education Code, is amended by |
|
adding Subsections (b-1) and (d) to read as follows: |
|
(b-1) A charter holder is entitled to an instructional |
|
facilities allotment for a school year for a campus of an |
|
open-enrollment charter school for which the charter holder has |
|
been granted a charter. The amount of an allotment under this |
|
subsection is, for each student in average daily attendance during |
|
the preceding school year at the open-enrollment charter school |
|
campus, the statewide average amount per student in state funds |
|
paid to school districts under Section 46.003 during the preceding |
|
school year, based only on students attending school in districts |
|
that receive a school facilities allotment under that section, or a |
|
greater amount provided by appropriation. A charter holder that |
|
receives funds under this subsection may use the funds only for an |
|
open-enrollment charter school campus for which the funds were paid |
|
and only to: |
|
(1) purchase real property on which to construct an |
|
instructional facility for the campus; |
|
(2) purchase, lease, construct, expand, or renovate |
|
instructional facilities for the campus; |
|
(3) pay debt service in connection with instructional |
|
facilities purchased or improved for the campus; or |
|
(4) maintain and operate instructional facilities for |
|
the campus. |
|
(d) The commissioner shall withhold one percent of the |
|
funding a charter holder granted a charter on or after September 1, |
|
2013, would otherwise be entitled to receive under Subsection (a). |
|
Money withheld under this subsection may be used only in paying the |
|
salary of any authority employee, agency employee, or independent |
|
contractor assigned responsibility related to: |
|
(1) granting charters for open-enrollment charter |
|
schools; or |
|
(2) overseeing or monitoring the operations and |
|
performance of open-enrollment charter schools. |
|
SECTION 22. Sections 12.110(a), (c), and (d), Education |
|
Code, are amended to read as follows: |
|
(a) The authority [State Board of Education] shall adopt: |
|
(1) an application form and a procedure that must be |
|
used to apply for a charter for an open-enrollment charter school; |
|
and |
|
(2) criteria to use in selecting a program for which to |
|
grant a charter. |
|
(c) As part of the application procedure, the authority |
|
[board] may require a petition supporting a charter for a school |
|
signed by a specified number of parents or guardians of school-age |
|
children residing in the area in which a school is proposed or may |
|
hold a public hearing to determine parental support for the school. |
|
(d) The authority [board] may approve or deny an application |
|
based on criteria the authority [it] adopts. The criteria the |
|
authority [board] adopts must include: |
|
(1) criteria relating to improving student |
|
performance and encouraging innovative programs; and |
|
(2) a statement from any school district whose |
|
enrollment is likely to be affected by the open-enrollment charter |
|
school, including information relating to any financial difficulty |
|
that a loss in enrollment may have on the district. |
|
SECTION 23. Section 12.1101, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
|
ESTABLISHMENT OF CAMPUS. The authority [commissioner] by rule |
|
shall adopt a procedure for providing notice to the following |
|
persons on receipt by the authority [State Board of Education] of an |
|
application for a charter for an open-enrollment charter school |
|
under Section 12.110 or of notice of the establishment of a campus |
|
as authorized under Section 12.101(b-2): |
|
(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 authority |
|
[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 authority [commissioner]. |
|
SECTION 24. 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 any
|
|
charter renewal is valid;
|
|
[(3)] provide that continuation or renewal of the |
|
charter is contingent on the status of the charter as determined |
|
under Section 12.1141 or 12.115 or under Subchapter E, Chapter 39 |
|
[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]; |
|
(3) [(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 or Subchapter E, Chapter 39, on which |
|
the charter may be placed on probation or revoked [or on which
|
|
renewal of the charter may be denied]; |
|
(4) [(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; |
|
(5) [(7)] specify the grade levels to be offered; |
|
(6) [(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; |
|
(7) [(9)] specify the powers or duties of the |
|
governing body of the school that the governing body may delegate to |
|
an officer; |
|
(8) [(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; |
|
(9) [(11)] describe the process by which the person |
|
providing the program will adopt an annual budget; |
|
(10) [(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 commissioner [State Board of Education] |
|
rule, in the Public Education Information Management System |
|
(PEIMS); |
|
(11) [(13)] describe the facilities to be used; |
|
(12) [(14)] describe the geographical area served by |
|
the program; and |
|
(13) [(15)] specify any type of enrollment criteria to |
|
be used. |
|
SECTION 25. Section 12.112, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.112. FORM. A charter for an open-enrollment |
|
charter school shall be in the form of a written contract signed by |
|
the chair of the authority [State Board of Education] and the chief |
|
operating officer of the school. |
|
SECTION 26. Section 12.113(a), Education Code, is amended |
|
to read as follows: |
|
(a) Each charter the authority [State Board of Education] |
|
grants for an open-enrollment charter school must: |
|
(1) satisfy this subchapter; and |
|
(2) include the information that is required under |
|
Section 12.111 consistent with the information provided in the |
|
application and any modification the authority [board] requires. |
|
SECTION 27. Section 12.114(a), Education Code, is amended |
|
to read as follows: |
|
(a) A revision of a charter of an open-enrollment charter |
|
school may be made only with the approval of the authority |
|
[commissioner]. |
|
SECTION 28. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1141 to read as follows: |
|
Sec. 12.1141. DENIAL OF RENEWAL OF CHARTER ON EXPIRATION OF |
|
INITIAL TERM; AUTOMATIC RENEWAL. (a) At the end of the initial |
|
term of a charter of an open-enrollment charter school, the charter |
|
automatically renews without action by the authority, except that |
|
the authority shall, except as provided by Subsection (b), deny |
|
renewal of the charter if: |
|
(1) a campus operating under the charter has been |
|
assigned an unacceptable performance rating under Subchapter C, |
|
Chapter 39, for three of the five preceding school years and such a |
|
campus has not been closed; or |
|
(2) the charter holder has been assigned a financial |
|
accountability performance rating under Subchapter D, Chapter 39, |
|
indicating financial performance lower than satisfactory for three |
|
of the five preceding school years. |
|
(b) Before the authority may, at the end of the initial |
|
term, deny the renewal of the charter of an open-enrollment charter |
|
school that is registered under the agency's alternative education |
|
accountability procedures for accountability evaluation purposes |
|
under Chapter 39, the authority must consider, as an alternative to |
|
the criterion specified under Subsection (a)(1), academic criteria |
|
established under authority rule that are appropriate to measure |
|
the specific goals of that school, such as providing dropout |
|
recovery or providing education within a residential treatment |
|
facility. |
|
(c) Not later than the 365th day before the last day of the |
|
initial term of a charter for an open-enrollment charter school, |
|
the authority shall provide written notice to the charter holder, |
|
in accordance with authority rule, of the basis on which a charter |
|
renewal may be denied under Subsection (a) or (b), as applicable. |
|
(d) Before the authority may, at the end of the initial |
|
term, deny the renewal of the charter of an open-enrollment charter |
|
school, the authority must provide the opportunity for a hearing to |
|
the charter holder and the parents and guardians of students of the |
|
school. A hearing under this subsection must be held at the |
|
facility at which the school is operated. Chapter 2001, Government |
|
Code, does not apply to a hearing under this subsection. |
|
(e) A charter of an open-enrollment charter school that has |
|
been renewed at the end of the initial term of the charter |
|
automatically renews at the end of each successive charter term |
|
without action by the authority, except that the authority shall |
|
deny renewal of the charter if: |
|
(1) the accreditation of the open-enrollment charter |
|
school has been revoked; or |
|
(2) the accreditation of any campus operating under |
|
the charter has been revoked and such a campus has not been closed. |
|
(f) The term of a charter renewed under this section is 20 |
|
years for each renewal. |
|
(g) A campus of an open-enrollment charter school 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 that school year under |
|
Subsection (a)(1). For purposes of Subsection (a)(2), based on |
|
financial accountability reviews, the commissioner shall determine |
|
the appropriate financial accountability performance rating to be |
|
assigned to a charter holder for the 2008-2009 and 2009-2010 school |
|
years. This subsection expires September 1, 2016. |
|
SECTION 29. Section 12.115, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.115. BASIS FOR MODIFICATION, PLACEMENT ON |
|
PROBATION, REVOCATION, OR MODIFICATION OF GOVERNANCE [DENIAL OF
|
|
RENEWAL]. (a) The authority shall [commissioner may] modify, |
|
place on probation, or revoke [, or deny renewal of] the charter of |
|
an open-enrollment charter school or reconstitute the governing |
|
body of the charter holder or assign operation of a school campus to |
|
a different charter holder if the authority [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 authority [commissioner] takes under |
|
Subsection (a) shall be based on the best interest of the |
|
open-enrollment charter school's students, the severity of the |
|
violation, [and] any previous violation the school has committed, |
|
and the accreditation status of the school. |
|
SECTION 30. The heading to Section 12.116, Education Code, |
|
is amended to read as follows: |
|
Sec. 12.116. PROCEDURE FOR MODIFICATION, PLACEMENT ON |
|
PROBATION, OR REVOCATION[, OR DENIAL OF RENEWAL]. |
|
SECTION 31. Sections 12.116(a) and (c), Education Code, are |
|
amended to read as follows: |
|
(a) The authority [commissioner] shall adopt a procedure to |
|
be used for modifying, placing on probation, or revoking[, or
|
|
denying renewal of] the charter of an open-enrollment charter |
|
school. |
|
(c) Chapter 2001, Government Code, does not apply to a |
|
hearing that is related to a modification, placement on probation, |
|
or revocation[, or denial of renewal] under this subchapter. |
|
SECTION 32. Section 12.1161(a), Education Code, is amended |
|
to read as follows: |
|
(a) If the authority [Except as provided by Subsection (b),
|
|
if the commissioner] revokes or denies the renewal of a charter of |
|
an open-enrollment charter school[,] or [if] an open-enrollment |
|
charter school surrenders its charter, the school may not: |
|
(1) continue to operate under this subchapter; or |
|
(2) receive state funds under this subchapter. |
|
SECTION 33. Section 12.1162, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.1162. ADDITIONAL SANCTIONS. (a) The authority |
|
[commissioner] shall take any of the actions described by |
|
Subsection (b) or by Section 39.102(a), to the extent the authority |
|
[commissioner] determines necessary, if an open-enrollment charter |
|
school, as determined by a report issued under Section 39.058(b): |
|
(1) commits a material violation of the school's |
|
charter; |
|
(2) fails to satisfy generally accepted accounting |
|
standards of fiscal management; or |
|
(3) fails to comply with this subchapter or another |
|
applicable rule or law. |
|
(b) The authority [commissioner] may direct the |
|
commissioner to temporarily withhold funding or may [,] suspend the |
|
authority of an open-enrollment charter school to operate[,] or |
|
take any other reasonable action the authority [commissioner] |
|
determines necessary to protect the health, safety, or welfare of |
|
students enrolled at the school based on evidence that conditions |
|
at the school present a danger to the health, safety, or welfare of |
|
the students. |
|
(c) After action is taken [the commissioner acts] under |
|
Subsection (b), the open-enrollment charter school may not receive |
|
funding and may not resume operating until a determination is made |
|
that: |
|
(1) despite initial evidence, the conditions at the |
|
school do not present a danger of material harm to the health, |
|
safety, or welfare of students; or |
|
(2) the conditions at the school that presented a |
|
danger of material harm to the health, safety, or welfare of |
|
students have been corrected. |
|
(d) Not later than the third business day after the date |
|
action is taken [the commissioner acts] under Subsection (b), the |
|
authority [commissioner] shall provide the charter holder an |
|
opportunity for a hearing. |
|
(e) Immediately after a hearing under Subsection (d), the |
|
authority [commissioner] must cease or direct the commissioner to |
|
cease the action under Subsection (b), as applicable, or initiate |
|
action under Section 12.116. |
|
(f) The authority [commissioner] shall adopt rules |
|
implementing this section. Chapter 2001, Government Code, does not |
|
apply to a hearing under this section. |
|
SECTION 34. The heading to Section 12.1163, Education Code, |
|
is amended to read as follows: |
|
Sec. 12.1163. AUDIT BY AUTHORITY [COMMISSIONER]. |
|
SECTION 35. Sections 12.1163(a) and (c), Education Code, |
|
are amended to read as follows: |
|
(a) To the extent consistent with this section, the |
|
authority [commissioner] may audit the records of: |
|
(1) an open-enrollment charter school; |
|
(2) a charter holder; and |
|
(3) a management company. |
|
(c) Unless the authority [commissioner] has specific cause |
|
to conduct an additional audit, the authority [commissioner] may |
|
not conduct more than one on-site audit under Section 12.1163 |
|
during any fiscal year, including any financial and administrative |
|
records. For purposes of this subsection, an audit of a charter |
|
holder or management company associated with an open-enrollment |
|
charter school is not considered an audit of the school. |
|
SECTION 36. Section 12.1164(a), Education Code, is amended |
|
to read as follows: |
|
(a) The authority [commissioner] must notify the Teacher |
|
Retirement System of Texas in writing of the revocation, denial of |
|
renewal, or surrender of a charter under this subchapter not later |
|
than the 10th business day after the date of the event. |
|
SECTION 37. Sections 12.118(a) and (c), Education Code, are |
|
amended to read as follows: |
|
(a) The authority [commissioner] shall designate an |
|
impartial organization with experience in evaluating school choice |
|
programs to conduct, under the supervision of the authority, an |
|
annual evaluation of open-enrollment charter schools. |
|
(c) The evaluation of open-enrollment charter schools must |
|
also include an evaluation of: |
|
(1) the costs of instruction, administration, and |
|
transportation incurred by open-enrollment charter schools; |
|
(2) the effect of open-enrollment charter schools on |
|
school districts and on teachers, students, and parents in those |
|
districts; and |
|
(3) other issues, as determined by the authority |
|
[commissioner]. |
|
SECTION 38. Section 12.119, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.119. BYLAWS; ANNUAL REPORT. (a) A charter holder |
|
shall file with the authority [State Board of Education] a copy of |
|
its articles of incorporation and bylaws, or comparable documents |
|
if the charter holder does not have articles of incorporation or |
|
bylaws, within the period and in the manner prescribed by the |
|
authority [board]. |
|
(b) Each year within the period and in a form prescribed by |
|
the authority [State Board of Education], each open-enrollment |
|
charter school shall file with the authority [board] the following |
|
information: |
|
(1) the name, address, and telephone number of each |
|
officer and member of the governing body of the open-enrollment |
|
charter school; and |
|
(2) the amount of annual compensation the |
|
open-enrollment charter school pays to each officer and member of |
|
the governing body. |
|
(c) On request, the authority [State Board of Education] |
|
shall provide the information required by this section and Section |
|
12.111(a)(6) [12.111(a)(8)] to a member of the public. The |
|
authority [board] may charge a reasonable fee to cover the |
|
authority's [board's] cost in providing the information. |
|
SECTION 39. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1211 to read as follows: |
|
Sec. 12.1211. NAMES OF MEMBERS OF GOVERNING BODY LISTED ON |
|
WEBSITE. An open-enrollment charter school shall list the names of |
|
the members of the governing body on the home page of the school's |
|
Internet website. |
|
SECTION 40. Section 12.122(a), Education Code, is amended |
|
to read as follows: |
|
(a) Notwithstanding the Texas Nonprofit Corporation Law |
|
[Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
|
|
Vernon's Texas Civil Statutes)] or other law, on request of the |
|
authority [commissioner], the attorney general may bring suit |
|
against a member of the governing body of an open-enrollment |
|
charter school for breach of a fiduciary duty by the member, |
|
including misapplication of public funds. |
|
SECTION 41. Section 12.123, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.123. TRAINING FOR MEMBERS OF GOVERNING BODY OF |
|
SCHOOL AND OFFICERS. (a) The authority [commissioner] shall adopt |
|
rules prescribing training for: |
|
(1) members of governing bodies of open-enrollment |
|
charter schools; and |
|
(2) officers of open-enrollment charter schools. |
|
(b) The rules adopted under Subsection (a) may: |
|
(1) specify the minimum amount and frequency of the |
|
training; |
|
(2) require the training to be provided by: |
|
(A) the agency and regional education service |
|
centers; |
|
(B) entities other than the agency and service |
|
centers, subject to approval by the authority [commissioner]; or |
|
(C) both the agency, service centers, and other |
|
entities; and |
|
(3) require training to be provided concerning: |
|
(A) basic school law, including school finance; |
|
(B) health and safety issues; |
|
(C) accountability requirements related to the |
|
use of public funds; and |
|
(D) other requirements relating to |
|
accountability to the public, such as open meetings requirements |
|
under Chapter 551, Government Code, and public information |
|
requirements under Chapter 552, Government Code. |
|
SECTION 42. Subchapter D, Chapter 12, Education Code, is |
|
amended by adding Section 12.1231 to read as follows: |
|
Sec. 12.1231. TRAINING FOR AGENCY EMPLOYEES. Not later |
|
than May 1, 2014, each agency employee assigned responsibility |
|
related to granting charters for open-enrollment charter schools or |
|
providing oversight or monitoring of charter holders or |
|
open-enrollment charter schools must participate in training on |
|
charter school authorization, oversight, and monitoring provided |
|
by a nationally recognized organization of charter school |
|
authorizers identified by the authority. This section expires |
|
January 1, 2015. |
|
SECTION 43. Section 12.126, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.126. CERTAIN MANAGEMENT SERVICES CONTRACTS |
|
PROHIBITED. The authority [commissioner] may prohibit, deny |
|
renewal of, suspend, or revoke a contract between an |
|
open-enrollment charter school and a management company providing |
|
management services to the school if the authority [commissioner] |
|
determines that the management company has: |
|
(1) failed to provide educational or related services |
|
in compliance with the company's contractual or other legal |
|
obligation to any open-enrollment charter school in this state or |
|
to any other similar school in another state; |
|
(2) failed to protect the health, safety, or welfare |
|
of the students enrolled at an open-enrollment charter school |
|
served by the company; |
|
(3) violated this subchapter or a rule adopted under |
|
this subchapter; or |
|
(4) otherwise failed to comply with any contractual or |
|
other legal obligation to provide services to the school. |
|
SECTION 44. Section 12.127(b), Education Code, is amended |
|
to read as follows: |
|
(b) On request of the authority [commissioner], the |
|
attorney general may bring suit on behalf of the state against a |
|
management company liable under Subsection (a) for: |
|
(1) damages, including any state funding received by |
|
the company and any consequential damages suffered by the state; |
|
(2) injunctive relief; or |
|
(3) any other equitable remedy determined to be |
|
appropriate by the court. |
|
SECTION 45. Sections 12.128(c) and (d), Education Code, are |
|
amended to read as follows: |
|
(c) The authority [commissioner] shall: |
|
(1) take possession and assume control of the property |
|
described by Subsection (a) of an open-enrollment charter school |
|
that ceases to operate; and |
|
(2) supervise the disposition of the property in |
|
accordance with law. |
|
(d) The authority [commissioner] may adopt rules necessary |
|
to administer this section. |
|
SECTION 46. Section 12.135(a), Education Code, is amended |
|
to read as follows: |
|
(a) On the application of the charter holder, the authority |
|
[commissioner] may grant designation as a charter district to an |
|
open-enrollment charter school that meets financial standards |
|
adopted by the authority [commissioner]. The financial standards |
|
must require an open-enrollment charter school to have an |
|
investment grade credit rating as specified by Section 45.0541. |
|
SECTION 47. Sections 12.152, 12.153, and 12.154, Education |
|
Code, are amended to read as follows: |
|
Sec. 12.152. AUTHORIZATION. [(a)] In accordance with this |
|
subchapter and Subchapter D, the authority [State Board of
|
|
Education] may grant a charter on the application of: |
|
(1) a public senior college or university for an |
|
open-enrollment charter school to operate on the campus of the |
|
public senior college or university or in the same county in which |
|
the campus of the public senior college or university is located; or |
|
(2) a public junior college for an open-enrollment |
|
charter school to operate on the campus of the public junior college |
|
or in the same county in which the campus of the public junior |
|
college is located. |
|
Sec. 12.153. RULES. The authority [commissioner] may adopt |
|
rules to implement this subchapter. |
|
Sec. 12.154. CONTENT. (a) Notwithstanding Section |
|
12.110(d), the authority [State Board of Education] may grant a |
|
charter under this subchapter to a public senior college or |
|
university only if the following criteria are satisfied in the |
|
public senior college's or university's application, as determined |
|
by the authority [State Board of Education]: |
|
(1) the college or university charter school's |
|
educational program must include innovative teaching methods; |
|
(2) the college or university charter school's |
|
educational program must be implemented under the direct |
|
supervision of a member of the teaching or research faculty of the |
|
public senior college or university; |
|
(3) the faculty member supervising the college or |
|
university charter school's educational program must have |
|
substantial experience and expertise in education research, |
|
teacher education, classroom instruction, or educational |
|
administration; |
|
(4) the college or university charter school's |
|
educational program must be designed to meet specific goals |
|
described in the charter, including improving student performance, |
|
and each aspect of the program must be directed toward the |
|
attainment of the goals; |
|
(5) the attainment of the college or university |
|
charter school's educational program goals must be measured using |
|
specific, objective standards set forth in the charter, including |
|
assessment methods and a time frame; and |
|
(6) the financial operations of the college or |
|
university charter school must be supervised by the business office |
|
of the public senior college or university. |
|
(b) Notwithstanding Section 12.110(d), the authority [State
|
|
Board of Education] may grant a charter under this subchapter to a |
|
public junior college only if the following criteria are satisfied |
|
in the public junior college's application, as determined by the |
|
authority [State Board of Education]: |
|
(1) the junior college charter school's educational |
|
program must be implemented under the direct supervision of a |
|
member of the faculty of the public junior college; |
|
(2) the faculty member supervising the junior college |
|
charter school's educational program must have substantial |
|
experience and expertise in teacher education, classroom |
|
instruction, or educational administration; |
|
(3) the junior college charter school's educational |
|
program must be designed to meet specific goals described in the |
|
charter, such as dropout recovery, and each aspect of the program |
|
must be directed toward the attainment of the goals; |
|
(4) the attainment of the junior college charter |
|
school's educational program goals must be measured using specific, |
|
objective standards set forth in the charter, including assessment |
|
methods and a time frame; and |
|
(5) the financial operations of the junior college |
|
charter school must be supervised by the business office of the |
|
junior college. |
|
SECTION 48. Section 221.0071(a), Human Resources Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding any other law [and in addition to the
|
|
number of charters allowed under Subchapter D, Chapter 12,
|
|
Education Code], the Charter School Authorizing Authority [State
|
|
Board of Education] may grant a charter on the application of a |
|
detention, correctional, or residential facility established only |
|
for juvenile offenders under Section 51.12, 51.125, or 51.126, |
|
Family Code. |
|
SECTION 49. Section 221.056(d), Human Resources Code, is |
|
amended to read as follows: |
|
(d) Notwithstanding any other law [and in addition to the
|
|
number of charters allowed under Subchapter D, Chapter 12,
|
|
Education Code], the Charter School Authorizing Authority [State
|
|
Board of Education] shall grant a charter on the application of a |
|
residential treatment facility established under this section for a |
|
school chartered for the purposes of this section. |
|
SECTION 50. Section 1579.154(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) A charter school is eligible to participate in the |
|
program if the school agrees: |
|
(1) that all records of the school relating to |
|
participation in the program are open to inspection by the trustee, |
|
the administering firm, the commissioner of education, the Charter |
|
School Authorizing Authority, or a designee of any of those |
|
entities; and |
|
(2) to have the school's accounts relating to |
|
participation in the program annually audited by a certified public |
|
accountant at the school's expense. |
|
SECTION 51. The following provisions of the Education Code |
|
are repealed: |
|
(1) Section 12.019; |
|
(2) Sections 12.020(d), (e), (f), (h), and (i); |
|
(3) Section 12.022; |
|
(4) Sections 12.030(d) and (e); |
|
(5) Section 12.113(b); |
|
(6) Section 12.1161(b); and |
|
(7) Section 12.156(b). |
|
SECTION 52. Section 11.1542, Education Code, as added by |
|
this Act, applies only to a contract entered into between a school |
|
district and a charter school on or after the effective date of this |
|
Act. A contract entered into between a school district and a |
|
charter school before the effective date of this Act is governed by |
|
the law in effect on the date the contract is entered into, and that |
|
law is continued in effect for that purpose. |
|
SECTION 53. (a) The amendment of Chapter 12, Education |
|
Code, by this Act to transfer authority for charter schools from the |
|
State Board of Education and the commissioner of education to the |
|
Charter School Authorizing Authority does not affect the status of |
|
a charter, including any legal rights, duties, and obligations |
|
based on a charter, granted under Chapter 12, Education Code, |
|
before May 1, 2014. |
|
(b) Section 12.101(b-1), Education Code, as added by this |
|
Act, does not affect the status of any charter for an |
|
open-enrollment charter school, including any legal rights, |
|
duties, and obligations based on a charter, that is among multiple |
|
charters granted to a single charter holder before September 1, |
|
2013. |
|
SECTION 54. (a) Effective May 1, 2014, except as provided by |
|
Subsection (b) of this section: |
|
(1) all functions and activities performed |
|
immediately before that date by the State Board of Education that |
|
specifically relate only to charter schools or by the commissioner |
|
of education under Chapter 12, Education Code, are transferred to |
|
the Charter School Authorizing Authority; |
|
(2) a rule, form, policy, procedure, or decision of |
|
the State Board of Education that specifically relates only to |
|
charter schools or of the commissioner of education under Chapter |
|
12, Education Code, continues in effect as a rule, form, policy, |
|
procedure, or decision of the Charter School Authorizing Authority |
|
and remains in effect until amended or replaced by the Charter |
|
School Authorizing Authority; |
|
(3) a reference in law or administrative rule to the |
|
State Board of Education that specifically relates only to charter |
|
schools means the Charter School Authorizing Authority; |
|
(4) all money, contracts, leases, rights, property, |
|
records, and bonds and other obligations of the State Board of |
|
Education or of the commissioner of education under Chapter 12, |
|
Education Code, that specifically relate only to charter schools |
|
are transferred to the Charter School Authorizing Authority; |
|
(5) a court case, administrative proceeding, contract |
|
negotiation, or other proceeding involving the State Board of |
|
Education that specifically relates only to charter schools or |
|
involving the commissioner of education under Chapter 12, Education |
|
Code, is transferred without change in status to the Charter School |
|
Authorizing Authority, and the Charter School Authorizing |
|
Authority assumes, without a change in status, the position of the |
|
State Board of Education or commissioner of education, as |
|
applicable, in a negotiation or proceeding relating to an activity |
|
transferred by this Act to the Charter School Authorizing Authority |
|
to which the State Board of Education or commissioner of education, |
|
as applicable, is a party; |
|
(6) an employee of the State Board of Education |
|
assigned only or primarily to duties relating to charter schools |
|
becomes an employee of the Texas Education Agency; and |
|
(7) any unexpended and unobligated balance of money |
|
appropriated by the legislature for the State Board of Education |
|
for carrying out duties that specifically relate to charter schools |
|
is transferred to the Charter School Authorizing Authority. |
|
(b) Notwithstanding Subsection (a) of this section, the |
|
commissioner of education remains responsible for administering |
|
state funding for purposes of Chapter 12, Education Code, to the |
|
same extent the commissioner of education had that responsibility |
|
on April 30, 2014. |
|
(c) In the period beginning on January 1, 2014, and ending |
|
on April 30, 2014: |
|
(1) the State Board of Education and the commissioner |
|
of education shall continue to perform their respective functions |
|
and activities relating to charter schools as provided under the |
|
Education Code or other law as if the law had not been amended or |
|
repealed, as applicable, and the former law is continued in effect |
|
for that purpose; and |
|
(2) a person who is authorized or required by law to |
|
take an action relating to the State Board of Education, a member of |
|
the State Board of Education, or the commissioner of education |
|
relating to charter schools shall continue to take that action |
|
under the law as if the law had not been amended or repealed, as |
|
applicable, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 55. Before May 1, 2014, the State Board of Education |
|
may agree with the Charter School Authorizing Authority to transfer |
|
any property of the State Board of Education to the Charter School |
|
Authorizing Authority to implement the transfer required by Section |
|
54 of this Act. |
|
SECTION 56. This Act takes effect September 1, 2013. |