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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. The heading to
Chapter 12, Education Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Section 12.001(b),
Education Code, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Section 12.0011,
Education Code, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Section 12.002,
Education Code, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Subchapter B,
Chapter 12, Education Code, is amended to read as follows:
SUBCHAPTER B. LOCAL
CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
Sec. 12.011. AUTHORIZATION
AND STATUS.
Sec. 12.012. APPLICABILITY OF
LAWS AND RULES TO LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT.
(a) A local control [home-rule] school district is subject to
federal and state laws and rules governing school districts, except that a local
control [home-rule] school district is subject to:
(1) this code only to the
extent that the applicability to a local control [home-rule]
school district of a provision of this code is specifically provided;
(2) a rule adopted under this
code by the State Board of Education or the commissioner only if the code
provision authorizing the rule specifically applies to a local control
[home-rule] school district; and
(3) all requirements of
federal law and applicable court orders relating to eligibility for and the
provision of special education and bilingual programs.
(b) An employee of a local
control [home-rule] school district who would qualify [qualifies] for membership in the Teacher Retirement
System of Texas if the local control
school district were an independent school district shall be
covered under the system in the same manner and to the same extent as a
qualified employee employed by an independent school district is covered.
(c) This section does not
permit a local control [home-rule] school district to
discriminate against a student who has been diagnosed as having a learning
disability, including dyslexia or attention deficit/hyperactivity disorder.
Discrimination prohibited by this subsection includes denial of placement
in a gifted and talented program if the student would otherwise be
qualified for the program but for the student's learning disability. This
section does not permit a local control [home-rule] school
district to, on the basis of race, socioeconomic status, learning
disability, or family support status, place a student in a program other
than the highest-level program necessary to ensure the student's success.
No
equivalent provision.
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SECTION 5. Subchapter B,
Chapter 12, Education Code, is amended to read as follows:
SUBCHAPTER B. LOCAL
CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
Sec. 12.011. AUTHORIZATION
AND STATUS.
Sec. 12.012. APPLICABILITY OF
LAWS AND RULES TO LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT.
(a) A local control [home-rule] school district is subject to
federal and state laws and rules governing school districts, except that a local
control [home-rule] school district is subject to:
(1) this code only to the
extent that the applicability to a local control [home-rule]
school district of a provision of this code is specifically provided;
(2) a rule adopted under this
code by the State Board of Education or the commissioner only if the code
provision authorizing the rule specifically applies to a local control
[home-rule] school district; and
(3) all requirements of
federal law and applicable court orders relating to eligibility for and the
provision of special education and bilingual programs.
(b) An employee of a local
control [home-rule] school district who qualifies for membership in the Teacher Retirement System of
Texas shall be covered under the system in the same manner and to the same
extent as a qualified employee employed by an independent school district
is covered.
(c) This section does not
permit a local control [home-rule] school district to
discriminate against a student who has been diagnosed as having a learning
disability, including dyslexia or attention deficit/hyperactivity disorder.
Discrimination prohibited by this subsection includes denial of placement
in a gifted and talented program if the student would otherwise be qualified
for the program but for the student's learning disability. This section
does not permit a local control [home-rule] school district
to, on the basis of race, socioeconomic status, learning disability, or
family support status, place a student in a program other than the
highest-level program necessary to ensure the student's success.
Sec. 12.0121. IMMUNITY
FROM LIABILITY. In matters related to the operation of a local control
school district, a local control school district is immune from liability
to the same extent as an independent school district, and its employees and
volunteers are immune from liability to the same extent as independent
school district employees and volunteers. A member of the governing body of
a local control school district is immune from liability to the same extent
as an independent school district trustee.
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Sec. 12.013. APPLICABILITY OF
TITLE. (a) A local control [home-rule] school district has
the powers and entitlements granted to school districts and school district
boards of trustees under this title, including:
(1) taxing authority;
(2) bonding authority; and
(3) assistance with instructional facilities and payment of
existing debt under Chapter 46.
(b) A local control [home-rule]
school district is subject to:
(1) a provision of this title
establishing a criminal offense;
(2) a provision of this title
relating to limitations on liability; and
(3) 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) educator certification
under Chapter 21 and educator rights under Sections 21.407, 21.408, and
22.001;
(C) criminal history records
under Subchapter C, Chapter 22;
(D) student admissions under
Section 25.001;
(E) school attendance under
Sections 25.085, 25.086, and 25.087;
(F) inter-district or
inter-county transfers of students under Subchapter B, Chapter 25;
(G) [elementary class size
limits under Section 25.112, in the case of any campus in the district that
fails to satisfy any standard under Section 39.054(e);
[(H)] high school
graduation under Section 28.025;
(H) [(I)] special
education programs under Subchapter A, Chapter 29;
(I) [(J)]
bilingual education under Subchapter B, Chapter 29;
(J) [(K)]
prekindergarten programs under Subchapter E, Chapter 29;
(K) [(L)]
safety provisions relating to the transportation of students under Sections
34.002, 34.003, 34.004, and 34.008;
(L) [(M)]
computation and distribution of state aid under Chapters 31, 42, [and]
43, and 46;
(M) [(N)]
extracurricular activities under Section 33.081;
(N) [(O)]
health and safety under Chapter 38;
(O) [(P)]
public school accountability under Subchapters B, C, D, E, F, and J,
Chapter 39;
(P) [(Q)]
equalized wealth under Chapter 41;
(Q) [(R)] a
bond or other obligation or tax rate under Chapters 42, 43, and 45; and
(R) [(S)]
purchasing under Chapter 44.
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Sec. 12.013. APPLICABILITY OF
TITLE. (a) A local control [home-rule] school district has
the powers and entitlements granted to school districts and school district
boards of trustees under this title, including taxing authority.
(b) A local control [home-rule]
school district is subject to:
(1) a provision of this title
establishing a criminal offense;
(2) a provision of this title
relating to limitations on liability; and
(3) 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) educator certification
under Chapter 21, confidentiality of
performance evaluations under Section 21.355, and educator
rights under Sections 21.407, 21.408, and 22.001;
(C) criminal history records
under Subchapter C, Chapter 22;
(D) student admissions under
Section 25.001;
(E) school attendance under
Sections 25.085, 25.086, and 25.087;
(F) inter-district or
inter-county transfers of students under Subchapter B, Chapter 25, and transfers of students under Sections
25.0341 and 25.0342;
(G) the required curriculum under Section 28.002
[elementary class size limits under Section 25.112, in the case of any
campus in the district that fails to satisfy any standard under Section
39.054(e)];
(H) high school graduation
under Section 28.025;
(I) special education
programs under Subchapter A, Chapter 29;
(J) bilingual education under
Subchapter B, Chapter 29;
(K) prekindergarten programs
under Subchapter E, Chapter 29;
(L) safety provisions
relating to the transportation of students under Sections 34.002, 34.003,
34.004, and 34.008;
(M) computation and distribution
of state aid under Chapters 31, 42, [and] 43, and 46;
(N) extracurricular
activities under Section 33.081;
(O)
restrictions under Section 37.0021 on the use with students of
confinement, restraint, seclusion, and time-out;
(P) health and safety
under Chapter 38;
(Q) [(P)]
public school accountability under Subchapters B, C, D, E, F, and J,
Chapter 39;
(R) [(Q)]
equalized wealth under Chapter 41;
(S) [(R)] a
bond or other obligation or tax rate under Chapters 42, 43, and 45; and
(T) [(S)] purchasing
under Chapter 44.
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Sec. 12.0131. LOCAL
CONTROL SCHOOL DISTRICT OPERATION BEGINS AFTER VOTER APPROVAL. An
independent school district shall begin operation as a local control school
district under the local control plan after the approval of a proposed
local control plan by registered voters of the school district through the
process provided by this subchapter.
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No
equivalent provision.
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No
equivalent provision.
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Sec. 12.0131.
APPLICABILITY OF ELECTION CODE. The Election Code, including Title 15,
Election Code, applies to:
(1) a petition submitted
to the board of trustees of a school district under Section 12.014; and
(2) a local control plan
election held under Section 12.019.
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Sec. 12.014. SUBMISSION OF
LOCAL CONTROL PLAN TO VOTERS [APPOINTMENT OF CHARTER COMMISSION].
A local control plan shall be submitted
to the voters under Section 12.019
[The board of trustees of a school district shall appoint a charter
commission to frame a home-rule school district charter] if:
(1) the board of trustees
of a school district receives a petition signed by at least five percent of the registered voters of the
district, as verified under Section 12.0151, requesting that
the district adopt the local control
plan that accompanies the petition
[appointment of a charter commission to frame a home-rule school
district charter signed by at least five percent of the registered voters
of the district]; or
(2) at least two-thirds of
the total membership of the board of trustees of a school district
adopt a resolution requesting that the
district adopt the local control plan considered with the resolution [ordering that a charter commission be
appointed].
No
equivalent provision.
Sec. 12.015. PETITION TO
OPERATE AS A LOCAL CONTROL SCHOOL DISTRICT. (a) For a petition to operate
as a local control school district to be valid:
(1) the petition must
include a statement worded substantially as follows on each page of the
petition preceding the space reserved for signatures: "This petition
is to request that an election be held for
(name of school district) to operate under the local control plan available
at (Internet website address). Technical amendments to the local control
plan posted on the Internet may be adopted before the election on adoption
of the plan.";
(2) the petition must include each signer's printed name and
residential address, including zip code;
(3) each signer must enter beside his or her signature the date on
which he or she signed the petition;
(4) the petition must designate one or more persons as lead
petitioner;
(5) the proposed local control plan must be available online at the
Internet website referenced on the petition during the period signatures
are collected; and
(6) the petition, when submitted to the board of trustees of the
school district as provided by Subsection (c), must include a signed
statement by the lead petitioner stating that it is the lead petitioner's
reasonable belief that the petition is signed by at least five percent of
the registered voters of the district.
(b) A digital signature
may be accepted if the board of trustees of the school district or county
clerk of the county in which the school district's central administrative
office is located has adopted rules under Section 2054.060, Government
Code.
(c) When the lead petitioner
believes that at least five percent of the registered voters of the school
district have signed the petition, the lead petitioner shall submit the
petition and proposed local control plan to the board of trustees of the
school district.
(d) Not later than the
fifth day after the date of receipt of the petition and local control plan,
the board of trustees of the school district shall:
(1) submit a copy of the
petition to the county clerk of the county in which the school district's
central administrative office is located for verification of the
signatures, as provided by Section 12.0151; and
(2) submit a copy of the
proposed local control plan to the commissioner for review, as provided by
Section 12.018.
(e) The failure of the
board of trustees of the school district to comply with Subsection (d) does
not invalidate the petition or the local control plan but may be a basis
for equitable relief issued by a court of competent jurisdiction.
(f) If the board of
trustees of the school district fails to comply with Subsection (d), the
lead petitioner may:
(1) submit a copy of the
petition to the county clerk of the county in which the school district's
central administrative office is located for verification of the
signatures, as provided by Section 12.0151; and
(2) submit a copy of the
proposed local control plan to the commissioner for review, as provided by
Section 12.018.
(g) The county clerk and
commissioner shall consider the petition and local control plan received
from the lead petitioner under Subsection (f) as if submitted in a timely
manner by the board of trustees of the school district in accordance with
Subsection (d).
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Sec. 12.014. APPOINTMENT OF LOCAL
CONTROL [CHARTER] COMMISSION. (a) The board of trustees of a school district shall appoint a local
control [charter] commission to frame a local control plan
for the [home-rule] school district [charter] if:
(1) the board receives a
petition requesting the appointment of a local
control [charter]
commission to frame a local control plan for the [home-rule]
school district [charter] signed by
at least five percent of the registered voters of the district; or
(2) at least two-thirds of
the total membership of the board adopt a resolution ordering that a local control [charter]
commission be appointed.
(b) A petition submitted
under Subsection (a)(1) may designate one or more persons as lead
petitioner.
Sec. 12.0141. REQUIRED
STATEMENT FOR PETITION. For a petition under Section 12.014(a)(1) to be
valid, the petition must include the following, or a substantially similar,
statement on each page of the petition that precedes the space reserved for
signatures: "This petition is to request that a local control commission be appointed for the purpose of
proposing a local control plan under which (name of school district) will
operate if the plan is approved at an election of voters of the district.
The local control commission will be composed of 15 residents of the
district."
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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[CHARTER COMMISSION.
(a) Not later than the 30th day after the date of receipt of a
petition or adoption of a resolution under Section 12.014, the board of
trustees of the school district shall appoint 15 residents of the district
to serve on the commission to frame a charter for the district.
No
equivalent provision.
(b) The membership of the charter commission must reflect the
racial, ethnic, socioeconomic, and geographic diversity of the district. A
majority of the members appointed to the commission must be parents of
school-age children attending public school. At least 25 percent of the commission
must be classroom teachers selected by the representatives of the
professional staff pursuant to Section 11.251(e).
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
[(c)
The charter commission must complete a proposed charter not later than the
first anniversary of the date of its appointment. After that date, the
commission expires and the appointment under Section 12.014 is void.
[(d)
A charter commission appointed under this section is considered a
governmental body for purposes of Chapters 551 and 552, Government Code.]
No
equivalent provision.
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Sec. 12.015. LOCAL CONTROL
[CHARTER] COMMISSION.
(a)
Not later than the 30th day after the date of [receipt of a petition or]
adoption of a resolution under Section 12.014(a)(2) [12.014],
the board of trustees of the school district shall appoint 15 residents of
the district to serve on the commission to frame a local control plan
[charter] for the district, as provided by Subsection (b-1).
(a-1) Not later than the
30th day after the date the board of trustees of the school district
receives a petition under Section 12.014(a)(1), the board shall appoint the
following 15 residents of the district to serve on the commission to frame
a local control plan for the district:
(1) seven residents who
are selected by the board; and
(2) eight residents who
are selected by the lead petitioner, provided that the petition designates
one or more persons as lead petitioner.
(b)
To the extent practicable, the [The] membership of the local
control [charter] commission must reflect the racial and
[,] ethnic[, socioeconomic, and geographic] diversity of the population
of the district of voting age.
(b-1) If the local control commission is appointed in accordance
with Subsection (a), the board shall appoint the following residents of the
district to serve on the commission to frame a local control plan for the
district:
(1) at least eight [A
majority of the members appointed to the commission must be] parents of
school-age children attending public school;
(2) at least two administrators employed by the district; and
(3) two [. At least
25 percent of the commission must be] classroom teachers employed by
the district [selected by the representatives of the professional
staff pursuant to Section 11.251(e)].
(b-2) If the local control
commission is appointed under Subsection (a-1), and the petition designates
one or more persons as lead petitioner, the board and the lead petitioner
shall each select for the commission:
(1) at least four parents
of school-age children attending public school;
(2) at least one
administrator employed by the district; and
(3) one classroom teacher
employed by the district.
(b-3) The board may not
refuse to appoint a member of a commission who is selected by the lead
petitioner if the member is otherwise eligible to serve on the commission.
(b-4) If the local control
commission is appointed under Subsection (a-1), and the petition does not
designate one or more persons as lead petitioner, the board shall appoint
the members of the local control commission in accordance with Subsection
(b-1).
(c)
The local control [charter] commission must complete a
proposed local control plan [charter] not later than the
first anniversary of the date of its appointment. After that date, the
commission expires and the appointment under Section 12.014 is void.
(d)
A local control [charter] commission appointed under this
section is considered a governmental body for purposes of Chapters 551 and
552, Government Code.
(e) A local control
commission shall hold at least three public hearings to allow interested
persons to present comments related to the proposed local control plan
developed by the commission. The commission shall provide notice of each
public hearing to the public.
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Sec. 12.0151. DUTIES OF
COUNTY CLERK ON RECEIPT OF PETITION. (a) On receipt of a petition under
Section 12.015, the county clerk of the county in which the school
district's central administrative office is located, in cooperation with
the county clerk of any other county in which any part of the school
district is located, shall verify that each signer of the petition is
registered to vote in the school district.
(b) Not later than the
30th day after receipt of the petition, the county clerk shall certify to
the board of trustees of the school district and the lead petitioner the
percentage of registered voters of the district who signed the petition.
The county clerk's certification is a public record.
Sec. 12.0152. SUBMISSION
OF ADDITIONAL SIGNATURES; FINAL CERTIFICATION BY COUNTY CLERK. (a) If the
county clerk certifies that less than five percent of the registered voters
of the school district signed the petition submitted to the board of
trustees of the school district under Section 12.015, the lead petitioner
may submit one tranche of additional signatures in support of the petition
to the county clerk not later than the 30th day after the date of the
clerk's certification.
(b) On receipt of
additional signatures from the lead petitioner, the county clerk shall
verify the additional signatures and, not later than the 30th day after the
date of receipt of the additional signatures, certify to the board of
trustees of the school district and the lead petitioner the percentage of registered
voters of the district who signed the petition, as supplemented by the
additional signatures. The county clerk's certification is a public record.
Sec. 12.0153. SUIT TO
CONTEST VERIFICATION OF SIGNATURES. Any suit to contest the verification of
signatures for a petition must be filed not later than the 30th day after
the date of the county clerk's final certification.
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No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
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Sec. 12.016. CONTENT. (a)
Each local control plan [home-rule school district charter]
must:
(1) describe the educational
program to be offered;
(2) provide that continuation
of the local control [home-rule] school district [charter]
is contingent on:
(A) acceptable student
performance on assessment instruments adopted under Subchapter B, Chapter
39; and
(B) 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 local
control school district [charter] may be placed on probation or the
local control plan may be revoked;
(4) describe the governing
structure of the district and campuses,
including:
(A) the number of members who will serve on the governing body of
the district;
(B) the manner in which members of the governing body of the
district are selected and removed from office;
(C) the manner in which vacancies on the governing body of the
district are filled;
(D) the terms for which members of the governing body of the
district serve; and
(E) whether the members of the governing body of the district serve
staggered terms;
(5) specify any procedure or
requirement, in addition to those under Chapter 38, that the district will
follow to ensure the health and safety of students and employees;
(6) describe the process by
which the district will adopt an annual budget, including a description of
the use of program-weight funds; and
(7) describe the manner in
which an annual audit of financial and programmatic operations of the
district is to be conducted, including the manner in which the district
will provide information necessary for the district to participate in the
Public Education Information Management System (PEIMS) to the extent
required by this subchapter[; and
[(8)
include any other provision the charter commission considers necessary].
(b) This section does not limit the permissible content of a local
control plan.
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Sec. 12.016. CONTENT. (a)
Each local control plan [home-rule school district charter]
must:
(1) describe the educational
program to be offered;
(2) provide that continuation
of the local control [home-rule] school district [charter]
is contingent on:
(A) acceptable student
performance on assessment instruments adopted under Subchapter B, Chapter
39; and
(B) 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 local
control school district [charter] may be placed on probation or the
local control plan may be revoked;
(4) describe the governing
structure of the district and campuses;
(5) specify any procedure or
requirement, in addition to those under Chapter 38, that the district will
follow to ensure the health and safety of students and employees;
(6) describe the process by
which the district will adopt an annual budget, including a description of
the use of program-weight funds;
(7) describe the manner in
which an annual audit of financial and programmatic operations of the district
is to be conducted, including the manner in which the district will provide
information necessary for the district to participate in the Public
Education Information Management System (PEIMS) to the extent required by
this subchapter; and
(8)
include any other provision the charter commission considers necessary.
(b) A local control plan may include provisions that impose
requirements on the district that are similar or identical to federal or
state laws that a local control school district is not otherwise subject to
under Section 12.012. A requirement imposed under this subsection is not a
school law of this state for purposes of Section 7.057 and does not create
an entitlement to a hearing under Subchapter F or G, Chapter 21.
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Sec.
12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT. (a) If a
local control plan is proposed by the board of trustees of a school
district, the board may [The charter commission shall] submit
the proposed local control plan [charter] to the secretary of
state. The secretary of state shall determine whether a proposed local
control plan requires preclearance under federal law [charter
contains a change in the governance of the school district].
(b) If a local control
plan is proposed by petition, the lead petitioner may submit the proposed
local control plan to the secretary of state. The secretary of state shall
determine whether a proposed local control plan requires preclearance under
federal law.
(c) If the secretary of
state determines that a proposed local control plan requires
preclearance under federal law [charter contains a change in the
governance of the school district], the secretary of state shall, not
later than the second working day after the date the secretary of state
makes that determination, [notify the board of trustees of the school
district. The board shall] submit the proposed local control plan
[change] to the United States Department of Justice or the United
States District Court for the District of Columbia for preclearance under
the Voting Rights Act (52 U.S.C. Section 10101 et seq.) [(42
U.S.C. Section 1973c et seq.)].
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[Sec.
12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT. (a) The charter
commission shall submit the proposed charter to the secretary of state. The
secretary of state shall determine whether a proposed charter contains a
change in the governance of the school district.
No
equivalent provision.
[(b)
If the secretary of state determines that a proposed charter contains a
change in the governance of the school district, the secretary of state
shall, not later than the second working day after the date the secretary
of state makes that determination, notify the board of trustees of the
school district. The board shall submit the proposed change to the United States
Department of Justice or the United States District Court for the District
of Columbia for preclearance under the Voting Rights Act (42 U.S.C. Section
1973c et seq.).]
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Sec. 12.018. TECHNICAL
[LEGAL] REVIEW. (a) Not later
than the fifth day after the date the board of trustees of a school
district adopts a resolution or receives a petition and local control plan
under Section 12.014, the board
[The
charter commission] shall submit the proposed local control plan
[charter] to the commissioner for review.
(b) As soon as
practicable, but not later than the 30th day after the date the
commissioner receives the proposed local control plan [charter],
the commissioner shall review the proposed local control plan for compliance [charter to ensure that the proposed charter complies] with any applicable state and federal laws and shall provide written notification to the
board of trustees of the school district and the lead petitioner, if
applicable, of the results of the review, including any recommended technical
amendments for compliance with state or federal law [recommend to
the charter commission any modifications necessary].
(c) If the
commissioner does not act within the prescribed time, it is presumed
that the commissioner has determined that the proposed local control
plan [charter] is in compliance with applicable state and
federal laws [approved]. The commissioner will be considered
to have notified the board of trustees of the school district of the
commissioner's determination on the 30th day after the date the
commissioner received the proposed local control plan.
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Sec. 12.018. LEGAL REVIEW.
The
local control [charter] commission shall submit the proposed local
control plan [charter] to the commissioner.
As soon as practicable, but
not later than the 30th day after the date the commissioner receives the
proposed local control plan [charter], the commissioner shall
review the proposed local control plan [charter] to ensure that the proposed local control plan
[charter] complies with any
applicable laws and shall recommend to the local
control [charter] commission any modifications necessary. If the
commissioner does not act within the prescribed time, the proposed local
control plan [charter] is approved.
No
equivalent provision.
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Sec. 12.0181. DESIGNATING
PROPOSED LOCAL CONTROL PLAN AS FINAL. (a) If the local control plan was
proposed by the board of trustees of a school district, the board shall,
not later than the 30th day after the date of receipt of the commissioner's
recommendations under Section 12.018, accept or reject any technical
amendments recommended by the commissioner and designate the local control
plan as final.
(b) If the local control
plan was proposed by petition, the lead petitioner or a majority of persons
originally designated as lead petitioners may, not later than the 45th day
after the date of receipt of the commissioner's recommendations under
Section 12.018, notify the board of trustees of the school district in
writing that the lead petitioner or majority accepts or rejects any
technical amendments recommended by the commissioner and designate the
local control plan as final. If the board of trustees does not receive
written notice under this subsection, the board of trustees shall accept
all technical amendments recommended by the commissioner and designate the
local control plan as final.
(c) If the commissioner
does not recommend any technical amendments under Section 12.018, the
proposed local control plan is considered final on receipt of the
commissioner's notification.
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No
equivalent provision.
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Sec. 12.019. LOCAL CONTROL
PLAN [CHARTER] ELECTION. (a) The
board of trustees of a school district shall order an election on the local
control plan not later than the 15th day after the date the board receives
notice from the county clerk certifying that at least five percent of the
registered voters of the district have signed the petition under Section
12.0151 or 12.0152 and the local control plan is designated as final under
Section 12.0181 [As soon as practicable after approval of a
home-rule school district charter under Section 12.018, the board of
trustees of the district shall order an election on the proposed charter].
(b) The proposed local
control plan [charter] shall be submitted to the voters of the district
at an election to be held on the first uniform election date in November
of an even-numbered year that occurs at least 78 [45]
days after the date on which the board of trustees orders the election.
(c)
If the local control plan was proposed by the board of trustees of the
school district, the ballot shall be printed to permit voting
for or against the proposition "Whether the (name of school district)
School District shall be governed under the local control plan that is
proposed by the board of trustees
and under which only certain laws and rules apply to the district."
[At least three copies of the proposed charter must be available in the
office of each school campus in the district and at the district's central
administrative office between the date of the election order and election
day. Notice of the election must include a statement of where and how
copies may be obtained or viewed. A summary of the content of the proposed
charter shall be attached to each copy. The summary also shall be made
available to school district employees, parents, community members, and
members of the media.]
(d) If the local control
plan was proposed by petition, the [The] ballot shall be printed
to permit voting for or against the proposition "Whether the (name of
school district) School District shall be governed under the local
control plan that [home-rule school district charter, which] is
proposed by a petition of (percentage of valid signatures of registered
voters on the petition) percent of registered voters of the school district
[charter commission appointed by the board of trustees] and under
which only certain laws and rules apply to the district."
(e) If two or more local
control plans are submitted to the voters, the board of trustees of the
school district shall request that the county clerk include neutral ballot
language to allow voters to distinguish between the plans. If two or more
local control plans are approved at the same election, the plan receiving
the highest affirmative vote prevails.
Sec. 12.0191. NOTICE OF
LOCAL CONTROL PLAN ELECTION.
(a) At least three copies
of the proposed local control plan must be available in the office of each
campus in the school district and at the district's central administrative
office between the date of the election order and election day.
Notice of the election
must include a statement of where and how copies may be obtained or viewed.
A summary of the content of the proposed local control plan shall be
attached to each copy. The summary also shall be made available to school
district employees, parents, community members, and members of the media.
(b) At the time the board
of trustees of the school district orders an election on the proposed local
control plan, the school district shall post on the district's Internet
website a copy of the proposed local control plan, a summary of the content
of the proposed plan, and a notice of the election. These items shall
remain posted on the school district's Internet website until the election
is held.
(c) The school district
and each campus in the district shall prominently display and maintain on
the main page of the district's or campus's Internet website a link to the
Internet website containing the information required under Subsection (b).
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Sec. 12.019. LOCAL CONTROL
PLAN [CHARTER] ELECTION.
(a)
As soon as practicable after approval of a proposed local control plan
[home-rule school district charter] under Section 12.018, the board
of trustees of the district shall order an election on the proposed local
control plan [charter].
(b) The proposed local
control plan [charter] shall be submitted to the voters of the
district at an election to be held on the first uniform election date in
November of an even-numbered year that occurs at least 78 [45]
days after the date on which the board of trustees orders the election.
(d) The ballot shall be
printed to permit voting for or against the proposition "Whether the
(name of school district) School District shall be governed under the local
control plan [home-rule school district charter], which is
proposed by a local control [charter] commission appointed by
the board of trustees and under which only certain laws and rules apply to
the district."
(See Section 12.019 (d)
above.)
No
equivalent provision.
(c) At least three copies of
the proposed local control plan [charter] must be available
in the office of each school campus in the district and at the district's
central administrative office between the date of the election order and
election day.
Notice of the election must
include a statement of where and how copies may be obtained or viewed. A
summary of the content of the proposed local control plan [charter]
shall be attached to each copy. The summary also shall be made available to
school district employees, parents, community members, and members of the
media.
No
equivalent provision.
No
equivalent provision.
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Sec. 12.020. LOCAL CONTROL
PLAN [CHARTER] AMENDMENT. (a)
The governing body of a local
control [home-rule] school district on its own motion may submit
a proposed [charter] amendment to the local control plan that
complies with this subchapter to the commissioner for technical
[legal] review.
(b)
The governing body shall
submit a proposed [charter] amendment to the local control plan that complies with this
subchapter to the commissioner for technical [legal] review if a petition submitted to the governing body
proposing the [charter] amendment is signed by at least five
percent of the registered voters of the district. The petition must
designate one or more persons as a lead petitioner.
(c) As soon as practicable,
but not later than the 30th day after the date on which the requirements [for
an election] under Subsection (a) or (b) are satisfied, the
commissioner shall review the proposed amendment to ensure that the
proposed amendment complies with any applicable state and federal laws and shall recommend any
modifications necessary in accordance
with Section 12.018. If the commissioner does not act within the
prescribed time, the proposed [charter] amendment is considered to be in compliance with applicable
state and federal laws [approved].
(d) The governing body or lead petitioner, as
applicable, may accept or reject any proposed modifications and designate
the amendment as final through the process described by Section 12.0181.
As soon as practicable, but not later
than the 15th day after the
date an amendment is designated as final [commissioner review under
Subsection (c)], the governing body of the district shall order
an election on the proposed amendment.
(e) An election under this
section shall be held on the first uniform election date in November of
an even-numbered year that occurs at least 78 [45] days
after the date the election is ordered.
(f) Notice of the election
must include a substantial copy of the proposed [charter] amendment to
the local control plan.
(g) An [A charter]
amendment to a local control plan may not contain more than one
subject.
(h) The ballot shall be
prepared so that a voter may approve or disapprove any one or more [charter]
amendments to a local control plan without having to approve or
disapprove all of the [charter] amendments to a local control
plan.
(i) The governing body may
not order an election on a proposed [charter] amendment to a
local control plan earlier than the first anniversary of the date of
any previous election to amend the plan [charter].
(j)
Section 12.017 applies to a proposed [charter] amendment to a
local control plan[, except that the governing body
shall submit the proposed charter amendment to the secretary of state].
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Sec. 12.020. LOCAL CONTROL
PLAN [CHARTER] AMENDMENT. (a) At
any time after the fourth year that a school district has operated under a
local control plan, the [The] governing body of the
local control [a home-rule] school district on its own motion
may submit a proposed [charter] amendment to the local control
plan that complies with this subchapter to the commissioner for legal review.
(b) A petition to amend a local control plan may be
submitted to the governing body of the district at any time after the
fourth year that the district has operated under the local control plan. On
receipt of a petition, the [The]
governing body shall submit a proposed [charter] amendment that
complies with this subchapter to the commissioner for legal review if
the [a] petition [submitted to the governing body
proposing the charter amendment] is signed by at least five
percent of the registered voters of the district. The petition must
designate one or more persons as lead petitioner.
(c) As soon as practicable,
but not later than the 30th day after the date on which the requirements [for
an election] under Subsection (a) or (b) are satisfied, the
commissioner shall review the proposed amendment to ensure that the
proposed amendment complies with any applicable laws and shall recommend
any modifications necessary. If the commissioner does not act within the
prescribed time, the proposed [charter] amendment is approved.
(d) As soon as practicable after commissioner review under Subsection (c),
the governing body of the
district shall order an election on the proposed amendment.
(e) An election under this
section shall be held on the first uniform election date in November of
an even-numbered year that occurs at least 78 [45] days
after the date the election is ordered.
(f) Notice of the election
must include a substantial copy of the proposed [charter] amendment to
the local control plan.
(g) An [A charter]
amendment to a local control plan may not contain more than one
subject.
(h) The ballot shall be
prepared so that a voter may approve or disapprove any one or more [charter]
amendments to a local control plan without having to approve or
disapprove all of the [charter] amendments to a local control
plan.
(i) The governing body may
not order an election on a proposed [charter] amendment to a
local control plan earlier than the first anniversary of the date of
any previous election to amend the plan [charter].
[(j)
Section 12.017 applies to a proposed charter amendment,
except that the governing body shall submit the proposed charter amendment
to the secretary of state.]
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Sec. 12.021. ADOPTION OF LOCAL
CONTROL PLAN [CHARTER] OR [CHARTER] AMENDMENT. (a) A
[Subject to Section 12.022, a] proposed local control plan [home-rule
school district charter] or a proposed [charter] amendment to
a local control plan is adopted if approved by a majority of the registered [qualified] voters of the district voting at an
election held for that purpose.
(b) A local control plan
[charter] or [charter] amendment to a local control plan
shall specify an effective date and takes effect according to its terms
when the board of trustees or governing body of the school district
enters an order declaring that the plan [charter] or [charter]
amendment is adopted. The board of trustees or governing body shall
enter an order not later than the 10th day after the date the canvass of
the election returns is completed.
(c) As soon as practicable
after a school district adopts a local control plan or amendment to a
local control plan [home-rule school district charter or charter
amendment], the board of trustees or governing body shall notify the
commissioner of the outcome of the election.
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Sec. 12.021. ADOPTION OF LOCAL
CONTROL PLAN [CHARTER] OR [CHARTER] AMENDMENT. (a) A
[Subject to Section 12.022, a] proposed local control plan [home-rule
school district charter] or a proposed [charter] amendment to
a local control plan is adopted if approved by a majority of the qualified voters of the district voting at
an election held for that purpose.
(b) A local control plan
[charter] or [charter] amendment to a local control plan
shall specify an effective date, which
may not be earlier than the end of the school year during which the
election to adopt a local control plan or amendment to a local control plan
occurs. A local control plan or amendment to a local control plan [and] takes effect according to
its terms when the board of trustees or governing body of the school
district enters an order declaring that the plan [charter] or
[charter] amendment is adopted. The board of trustees or
governing body shall enter an order not later than the 10th day after the
date the canvass of the election returns is completed.
(c) As soon as practicable
after a school district adopts a local control plan or amendment to a
local control plan [home-rule school district charter or charter
amendment], the board of trustees or governing body shall notify the
commissioner of the outcome of the election.
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Sec. 12.022. [MINIMUM
VOTER TURNOUT REQUIRED.
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Sec. 12.022. [MINIMUM
VOTER TURNOUT REQUIRED.
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[Sec. 12.023.]
CERTIFICATION OF LOCAL CONTROL PLAN OR AMENDMENT [CHARTER OR
CHARTER AMENDMENT].
(a)
As soon as practicable after a school district adopts a local control
plan or amendment to a local control plan [home-rule school district
charter or charter amendment], the president of the board of trustees or
presiding officer of the governing body shall certify to the secretary
of state a copy of the plan [charter] or amendment showing
the approval by the voters of the district.
(b)
The secretary of state shall file and record the certification in the
secretary of state's office.
Sec. 12.023 [12.024].
EFFECT OF RECORDING LOCAL CONTROL PLAN OR AMENDMENT [CHARTER OR
CHARTER AMENDMENT].
A
recorded local control plan or amendment to a local control plan [charter
or charter amendment] is a public act. A court shall take judicial
notice of a recorded plan [charter] or [charter] amendment,
and proof is not required of its provisions.
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[Sec. 12.023.
CERTIFICATION OF CHARTER OR CHARTER AMENDMENT.
(a) As soon as practicable after a school district adopts a
home-rule school district charter or charter amendment, the president of
the board of trustees shall certify to the secretary of state a copy of the
charter or amendment showing the approval by the voters of the district.
[(b)
The secretary of state shall file and record the certification in the
secretary of state's office.
[Sec. 12.024. EFFECT OF
RECORDING CHARTER OR CHARTER AMENDMENT.
A recorded charter or charter amendment is a public act. A court
shall take judicial notice of a recorded charter or charter amendment and
proof is not required of its provisions.
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Sec. 12.024 [12.025].
GOVERNANCE. (a) A local control [home-rule] school district
may adopt and operate under any governing structure.
(b) In conformity with the
local control plan, the governing body of the [The] district
may:
(1) create offices;
(2) determine the time and
method for selecting officers; and
(3) prescribe the
qualifications and duties of officers.
[(c)
The term of any officer of the district is determined under Section 11.059.]
Sec. 12.025 [12.026].
CHANGE IN GOVERNING BODY.
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[Sec. 12.025.]
GOVERNANCE. (a) A local control [home-rule] school
district may adopt and operate under any governing structure.
(b) In conformity with the
local control plan, the governing body of the [The] district
may:
(1) create offices;
(2) determine the time and
method for selecting officers; [and]
(3) prescribe the
qualifications and duties of officers; and
(4) prescribe procedures to recall or remove members or officers.
(c)
Subject to Subsection (b)(4), the [The] term of any member
of the governing body [officer] of the district is determined
under Section 11.059.
Sec. 12.023 [12.026].
CHANGE IN GOVERNING BODY.
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Sec. 12.026 [12.027].
BASIS FOR PLACEMENT ON PROBATION OR REVOCATION OF LOCAL CONTROL PLAN
[CHARTER].
Sec. 12.027 [12.028].
PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.
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Sec. 12.024 [12.027].
BASIS FOR PLACEMENT ON PROBATION OR REVOCATION OF LOCAL CONTROL PLAN
[CHARTER].
Sec. 12.025 [12.028].
PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION.
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Sec. 12.028 [12.029].
STATUS OF DISTRICT IN CASE OF ANNEXATION OR CONSOLIDATION.
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Sec. 12.026 [12.029].
STATUS OF DISTRICT IN CASE OF ANNEXATION OR CONSOLIDATION.
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Sec. 12.029 [12.030].
RESCISSION OF LOCAL CONTROL PLAN [CHARTER]. (a) A local
control plan [home-rule school district charter] may be
rescinded as provided by this section.
(b) The governing body of the
district shall order an election on the question of rescinding a local
control plan [home-rule school district charter] if:
(1) the governing body
receives a petition requesting a rescission election signed by at least
five percent of the registered voters of the district; or
(2) at least two-thirds of
the total membership of the governing body adopt a resolution ordering that
a rescission election be held.
(c) As soon as practicable
after the date of receipt or adoption of a resolution under Subsection (b),
the governing body shall order an election.
(d) The proposition to
rescind the local control plan [home-rule school district charter]
shall be submitted to the voters of the district at an election to be held
on the first uniform election date in November of an even-numbered year
that occurs at least 78 [45] days after the date on which the
governing body orders the election.
(e) The ballot shall be
printed to permit voting for or against the proposition: "Whether the local
control plan [home-rule school district charter] of (name of
school district) shall be rescinded so that the school district becomes an
independent school district."
(f) A local control plan
[home-rule school district charter] is rescinded if the rescission
is approved by a majority of the registered [qualified] voters of the district
voting at an election held for that purpose [at which at least 25
percent of the registered voters of the district vote].
(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 of an
election held under this section at which rescission of the local
control plan [charter] is approved [and at which the
number of registered voters required under Subsection (f) vote]. As
soon as practicable after that election, the governing body shall notify
the commissioner and the secretary of state of the results of the election
and of the effective date of the rescission.
(h) The rescission of a local
control plan [home-rule school district charter] under this
section does not affect:
(1) the district's
boundaries; or
(2) taxes or bonds of the
district authorized before the effective date of the rescission.
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Sec. 12.027 [12.030].
RESCISSION OF LOCAL CONTROL PLAN [CHARTER]. (a) A local
control plan [home-rule school district charter] may be
rescinded as provided by this section.
(b) The governing body of the
district shall order an election on the question of rescinding a local
control plan [home-rule school district charter] if:
(1) the governing body
receives a petition requesting a rescission election signed by at least
five percent of the registered voters of the district; or
(2) at least two-thirds of
the total membership of the governing body adopt a resolution ordering that
a rescission election be held.
(c) As soon as practicable
after the date of receipt or adoption of a resolution under Subsection (b),
the governing body shall order an election.
(d) The proposition to rescind
the local control plan [home-rule school district charter]
shall be submitted to the voters of the district at an election to be held
on the first uniform election date in November of an even-numbered year
that occurs at least 78 [45] days after the date on which the
governing body orders the election.
(e) The ballot shall be
printed to permit voting for or against the proposition: "Whether the local
control plan [home-rule school district charter] of (name of
school district) shall be rescinded so that the school district becomes an
independent school district."
(f) A local control plan
[home-rule school district charter] is rescinded if the rescission
is approved by a majority of the qualified
voters of the district voting at an election held for that purpose [at
which at least 25 percent of the registered voters of the district vote].
(g) The rescission takes
effect on a date established by resolution of the governing body but not earlier than the end of the school year during
which the election to rescind the local control plan occurs [later than the 90th day after the date of an
election held under this section at which rescission of the charter is
approved and at which the number of registered voters
required under Subsection (f) vote]. As soon as practicable after that
election, the governing body shall notify the commissioner and the
secretary of state of the results of the election and of the effective date
of the rescission.
(h) The rescission of a local
control plan [home-rule school district charter] under this
section does not affect:
(1) the district's
boundaries; or
(2) taxes or bonds of the
district authorized before the effective date of the rescission.
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SECTION 6. Section 12.051(2),
Education Code, is amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Section 12.052(a),
Education Code, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Section
12.0521(a), Education Code, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 9. Section
12.0522(a), Education Code, is amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Section
12.101(a), Education Code, is amended.
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SECTION 10. Same as
introduced version.
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SECTION 11. Sections
22.003(d) and (e), Education Code, are amended.
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SECTION 11. Same as introduced
version.
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SECTION 12. Section
37.007(e), Education Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Section
37.022(a)(2), Education Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 14. Section 38.152,
Education Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Section
38.157(c), Education Code, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. Section
38.158(f), Education Code, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 17. Section
39.102(a), Education Code, is amended.
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SECTION 17. Same as
introduced version.
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SECTION 18. Section
42.152(c), Education Code, is amended.
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SECTION 18. Same as
introduced version.
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SECTION 19. Section 41.0052,
Election Code, is amended.
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SECTION 19. Same as
introduced version.
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SECTION 20. Section
7.102(c)(8), Education Code, is repealed.
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SECTION 20. Same as
introduced version.
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SECTION 21. 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, 2015.
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SECTION 21. Same as
introduced version.
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