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A BILL TO BE ENTITLED
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AN ACT
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relating to home-rule school district charters and to the |
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applicability of certain laws and procedures to those districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 C, |
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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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(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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(E) (H) high school graduation under Section |
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28.025; |
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(F) (I) special education programs under |
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Subchapter A, Chapter 29; |
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(G) (J) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) (K) prekindergarten programs under |
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Subchapter E, Chapter 29; |
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(I) (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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(J) (M) computation and distribution of state |
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aid under Chapters 31, 42, and 43; |
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(K) (N) extracurricular activities under |
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Section 33.081; |
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(L) (O) health and safety under Chapter 38; |
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(M) (P) public school accountability under |
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Subchapters B, C, D, E, and J, Chapter 39; |
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(N) (Q) equalized wealth under Chapter 41; |
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(O) (R) a bond or other obligation or tax rate |
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under Chapters 42, 43, and 45; and
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(P) (S) purchasing under Chapter 44; |
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(Q) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(R) accelerated instruction under Section |
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28.0211; |
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(S) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(T) reporting misconduct of educators under |
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Section 21.006; and |
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(U) intensive programs of instruction under |
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Section 28.0213. |
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SECTION 2. Section 12.014, Education Code, is amended to read as |
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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 3. Section 12.021(a), Education Code, is amended to read |
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as follows: |
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(a) A Subject to Section 12.022, a proposed home-rule school |
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district charter or a proposed charter amendment is adopted if |
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approved by a majority of the qualified voters of the district |
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voting at an election held for that purpose. |
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SECTION 4. Sections 12.030(b) and (f), Education Code, are |
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amended to read as follows: |
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(b) The governing body of the district shall order an |
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election on the question of rescinding a home-rule school district |
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charter if: |
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(1) the governing body receives a petition requesting a |
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rescission election signed by at least five percent of the |
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registered 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 governing body adopts adopt a resolution ordering |
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that a rescission election be held. |
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(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. |
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SECTION 5. Section 12.022, Education Code, is repealed. |
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SECTION 6. This Act takes effect immediately if it receives a vote |
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of two-thirds of all the members elected to each house, as provided |
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by Section 39, Article III, Texas Constitution. If this Act does |
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not receive the vote necessary for immediate effect, this Act takes |
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effect September 1, 2013. |