BILL ANALYSIS

 

 

Senate Research Center

S.B. 1012

84R4312 MK-F

By: Hancock

 

Education

 

4/15/2015

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Poorly performing school districts leave children ill-equipped for higher education and careers upon graduation. Current provisions for implementing a local control plan to replace these districts are cumbersome and restrictive, requiring a nearly unobtainable voter turnout to pass a plan as well as relying heavily on the school board, rather than parents, to advocate and adopt change.  While school boards play a vital role in all school districts, parents should also be equipped to better their children's education. 

 

S.B. 1012 seeks to provide parents and communities a realistic approach to creating and implementing a local control school district.  S.B. 1012 lowers the threshold required for voters to adopt a local control plan and provides parents the authority to mold and build an educational system that is best suited to the community and to their children's needs.

 

S.B. 1012 relates to the creation and implementation of a local control school district.

 

As proposed, S.B. 1012 amends current law relating to local control school districts.

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the State Board of Education is transferred to the commissioner of education and modified in SECTION 5 (Section 12.027, Education Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends the heading to Chapter 12, Education Code, to read as follows:

 

CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES

 

SECTION 2. Amends Section 12.001(b), Education Code, as follows:

 

(b) Requires that this chapter be applied in a manner that ensures the fiscal and academic accountability of persons operating under this chapter, rather than persons holding charters issued under this chapter. Prohibits this chapter from being applied in a manner that unduly regulates the instructional methods or pedagogical innovations of schools operating under this chapter, rather than of charter schools.

 

SECTION 3. Amends Section 12.0011, Education Code, as follows:

 

Sec. 12.0011. ALTERNATIVE METHOD OF OPERATION. Authorizes an independent school district, a school campus, or an educational program to choose to operate, rather than choose to operate under a charter, in accordance with this chapter.

 

SECTION 4. Amends Section 12.002, Education Code, as follows:

 

Sec. 12.002. New heading: CLASSES OF ALTERNATIVES. Provides that the classes of alternatives, rather than classes of charter, under this chapter are:

 

(1) a local control school district, rather than a home-rule school district charter, as provided by Subchapter B;

 

(2) and (3) Makes no change to these subdivisions.

 

SECTION 5. Amends Subchapter B, Chapter 12, Education Code, as follows:

 

SUBCHAPTER B. New heading: LOCAL CONTROL SCHOOL DISTRICT

 

Sec. 12.011. AUTHORIZATION AND STATUS. (a) Redesignates a home-rule school district charter as a local control plan.

 

(b) Makes conforming changes.

 

Sec. 12.012. New heading: APPLICABILITY OF LAWS AND RULES TO LOCAL CONTROL SCHOOL DISTRICT. (a) Redesignates a home-rule school district as a local control school district. Makes conforming changes.

 

(b) and (c)  Makes conforming changes to these subsections.

 

Sec. 12.013. APPLICABILITY OF TITLE. Redesignates a home-rule school district as a local control school district.

 

(b) Provides that a local control school district, rather than a home-rule school district, is subject to:

 

(1) and (2) Makes no change to these subdivisions;

 

(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

 

(A) – (F) Makes no change to these paragraphs;

 

Deletes existing Paragraph (G) providing that a home-rule school district is subject to a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to elementary class size limits under Section 25.112 (Class Size), in the case of any campus in the district that fails to satisfy any standard under Section 39.054(e) (relating to the requirements of annual school district and campus performance reviews);

 

(H)-(K) Redesignates existing Paragraphs (I)-(L) as Paragraphs (H)-(K) and makes no further change to these paragraphs;

 

(L) Redesignates existing Paragraph (M) as Paragraph (L) and adds a reference to Chapter 46 (Assistance with Instructional Facilities and Payment of Existing Debt);

 

(M) and (N) Redesignates existing Paragraphs (N) and (O) as Paragraphs (M) and (N) and makes no further change to these paragraphs;

 

(O) Redesignates existing Paragraph (P) as Paragraph (O) and adds a reference to Subchapter F (Procedures for Challenge of Accountability Determination, Intervention, or Sanction), Chapter 39 (Public School System Accountability);

 

(P) Redesignates existing Paragraphs (Q)-(S) as Paragraphs (P)-(R) and makes no further change.

 

Sec. 12.0131. LOCAL CONTROL SCHOOL DISTRICT OPERATION BEGINS AFTER VOTER APPROVAL. Requires an independent school district to 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.

 

Sec. 12.014. New heading: SUBMISSION OF LOCAL CONTROL PLAN TO VOTERS. Requires that a local control plan be submitted to the voters under Section 12.019 (Charter Election) if the board of trustees of a school district (board of trustees) 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 or at least two-thirds of the total membership of the board of trustees adopt a resolution requesting that the district adopt the local control plan considered with the resolution. Makes nonsubstantive changes.

 

Deletes existing text requiring the board of trustees to appoint a charter commission to frame a home-rule school district charter if the board of trustees receives a petition requesting the appointment of a commission to frame a home-rule school district charter signed by at least five percent of the registered voters of the district or at least two-thirds of the total membership of the board of trustees adopt a resolution ordering that a commission be appointed.

 

Sec. 12.015. New heading: PETITION TO OPERATE AS A LOCAL CONTROL SCHOOL DISTRICT. (a) Provides that, for a petition to operate as a local control school district to be valid:

 

(1) the petition is required to include a statement with language as set forth on each page of the petition preceding the space reserved for signatures;

 

(2) the petition is required to include each signer's printed name and residential address, including zip code;

 

(3) each signer is required to enter beside his or her signature the date on which he or she signed the petition;

 

(4) the petition is required to designate one or more persons as lead petitioner;

 

(5) the proposed local control plan is required to 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 as provided by Subsection (c), is required to 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) Authorizes a digital signature to be accepted if the board of trustees or county clerk of the county in which the school district's central administrative office is located has adopted rules under Section 2054.060 (Digital Signature), Government Code.

 

(c) Requires the lead petitioner, when the lead petitioner believes that at least five percent of the registered voters of the school district have signed the petition, to submit the petition and proposed local control plan to the board of trustees.

 

(d) Requires the board of trustees, not later than the fifth day after the date of receipt of the petition and local control plan, to 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 to submit a copy of the proposed local control plan to the commissioner of education (commissioner) for review, as provided by Section 12.018 (Legal Review).

 

(e) Provides that the failure of the board of trustees to comply with Subsection (d) does not invalidate the petition or the local control plan but is authorized to be a basis for equitable relief issued by a court of competent jurisdiction.

 

(f) Authorizes the lead petitioner, if the board of trustees fails to comply with Subsection (d), to 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 to submit a copy of the proposed local control plan to the commissioner for review, as provided by Section 12.018.

 

(g) Requires the county clerk and the commissioner to 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 in accordance with Subsection (d).

 

Deletes existing Subsection (a) requiring the board of trustees to appoint 15 residents of the district to serve on the charter commission to frame a charter for the district not later than the 30th day after the date of receipt of a petition or adoption of a resolution under Section 12.014 (Appointment of Charter Commission).

 

Deletes existing Subsection (b) requiring that the membership of the charter commission reflect the racial, ethnic, socioeconomic, and geographic diversity of the district, that a majority of the members appointed to the commission be parents of school-age children attending public school, and that at least 25 percent of the commission be classroom teachers selected by the representatives of the professional staff pursuant to Section 11.251(e) (requiring the board of trustees to adopt a procedure to nominate and elect professional staff representatives).

 

Deletes existing Subsection (c) requiring the charter commission to complete a proposed charter not later than the first anniversary of the date of its appointment and providing that, after that date, the commission expires and the appointment under Section 12.014 is void.

 

Deletes existing Subsection (d) providing that a charter commission appointed under this section is considered a governmental body for purposes of Chapters 551 (Open Meetings) and 552 (Public Information), Government Code.

 

Sec. 12.0151. DUTIES OF COUNTY CLERK ON RECEIPT OF PETITION. (a) Requires the county clerk of the county in which the school district's central administrative office is located to, in cooperation with the county clerk of any other county in which any part of the school district is located, on receipt of a petition under Section 12.015, verify that each signer of the petition is registered to vote in the school district.

 

(b) Requires the county clerk to certify to the board of trustees and the lead petitioner the percentage of registered voters of the district who signed the petition not later than the 30th day after receipt of the petition. Provides that the county clerk's certification is a public record.

 

Sec. 12.0152. SUBMISSION OF ADDITIONAL SIGNATURES; FINAL CERTIFICATION BY COUNTY CLERK. (a) Authorizes the lead petitioner, 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 under Section 12.015, to 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) Requires the county clerk to, on receipt of additional signatures from the lead petitioner, 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 and the lead petitioner the percentage of registered voters of the district who signed the petition, as supplemented by the additional signatures. Provides that the county clerk's certification is a public record.

 

Sec. 12.0153. SUIT TO CONTEST VERIFICATION OF SIGNATURES. Requires that any suit to contest the verification of signatures for a petition be filed not later than the 30th day after the date of the county clerk's final certification.

 

Sec. 12.016. CONTENT. (a) Creates this subsection from existing text. Requires that each local control plan, rather than each home-rule school district charter:

 

(1) Makes no change to this subdivision;

 

(2) provide that continuation of the local control school district, rather than of the home-rule school district charter, is contingent on acceptable student performance assessment instruments adopted under Subchapter B (Assessment of Academic Skills), Chapter 39 (Public School System Accountability) and 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, rather than the charter, may be placed on probation or the local control plan may be revoked;

 

(4) and (5) Makes no change to these subdivisions;

 

(6) and (7) Makes nonsubstantive changes to these subdivisions.

 

Deletes existing Subdivision (8) requiring that each home-rule school district charter include any other provision the charter commission considers necessary.

 

Makes nonsubstantive changes.

 

(b) Provides that this section does not limit the permissible content of a local control plan.

 

Sec. 12.017. DETERMINATION OF COMPLIANCE WITH VOTING RIGHTS ACT. (a) Authorizes the board of trustees, if a local control plan is proposed by the board of trustees, to submit the proposed local control plan to the secretary of state. Requires the secretary of state to determine whether a proposed local control plan requires preclearance under federal law. Deletes existing text requiring the charter commission to submit the proposed charter to the secretary of state and requiring the secretary of state to determine whether a proposed charter contains a change in the governance of the school district.

 

(b) Authorizes the lead petitioner, if a local control plan is proposed by petition, to submit the proposed local control plan to the secretary of state. Requires the secretary of state to determine whether a proposed local control plan requires preclearance under federal law.

 

(c) Creates this subsection from existing Subsection (b). Requires the secretary of state to, upon determining that a proposed local control plan requires preclearance under federal law, submit the proposed local control plan 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.), not later than the second working day after the date the secretary of state makes that determination.

 

Deletes existing text of Subsection (b) requiring the secretary of state to, upon determining that a proposed charter contains a change in the governance of the school district, notify the board of trustees not later than the second working day after the date the secretary of state makes that determination and requiring the board of trustees to 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.).

 

Sec. 12.018. New heading: TECHNICAL REVIEW. (a) Designates existing text as Subsection (a). Requires the board of trustees to, not later than the fifth day after the date the board of trustees adopts a resolution or receives a petition and local control plan under Section 12.014, submit the proposed local control plan to the commissioner for review, rather than requires the charter commission to submit the proposed charter to the commissioner.

 

(b) Creates this subsection from existing text. Requires the commissioner to, as soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed local control plan, review the proposed local control plan for compliance with any applicable state and federal laws and to provide written notification to the board of trustees and the lead petitioner, if applicable, of the results of the review, including any recommended technical amendments for compliance with state or federal law. Deletes existing text requiring the commissioner to, as soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed charter, review the proposed charter to ensure that the proposed charter complies with any applicable laws and to recommend to the charter commission any modifications necessary.

 

(c) Creates this subsection from existing text. Provides that it is presumed that the commissioner has determined that the proposed local control plan is in compliance with applicable state and federal laws if the commissioner does not act within the prescribed time. Provides that the commissioner will be considered to have notified the board of trustees of the commissioner's determination on the 30th day after the date the commissioner received the proposed local control plan. Deletes existing text providing that the proposed charter is approved if the commissioner does not act within the prescribed time.

 

Sec. 12.0181. DESIGNATING PROPOSED LOCAL CONTROL PLAN AS FINAL. (a) Requires the board of trustees to, if the local control plan was proposed by the board of trustees, accept or reject any technical amendments recommended by the commissioner and designate the local control plan as final not later than the 30th day after the date of receipt of the commissioner's recommendations under Section 12.018.

 

(b) Authorizes the lead petitioner or a majority of persons originally designated as lead petitioners, if the local control plan was proposed by petition, not later than the 45th day after the date of receipt of the commissioner's recommendations under Section 12.018, to notify the board of trustees 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. Requires the board of trustees to, if the board does not receive written notice under this subsection, accept all technical amendments recommended by the commissioner and designate the local control plan as final.

 

(c) Provides that, 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.

 

Sec. 12.019. New heading: LOCAL CONTROL PLAN ELECTION. (a) Requires the board of trustees  to order an election on the local control plan not later than the 15th day after the date the board of trustees 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, rather than requires the board of trustees to order an election on the proposed charter as soon as practicable after approval of a home-rule school district charter under Section 12.018.

 

(b) Requires that the proposed local control plan, rather than the proposed charter, 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, rather than 45, days after the date on which the board of trustees orders the election.

 

(c) Requires that the ballot, if the local control plan was proposed by the board of trustees, be printed to permit voting for or against a proposition that contains language as set forth. Deletes existing text setting forth requirements relating to the distribution of the proposed charter.

 

(d) Requires that the ballot, if the local control plan was proposed by petition, be printed to permit voting for or against the proposition that contains language as set forth. Makes nonsubstantive changes.

 

(e) Requires the board of trustees to, if two or more local control plans are submitted to the voters, request that the county clerk include neutral ballot language to allow voters to distinguish between the plans. Provides that, 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) Requires that at least three copies of the proposed local control plan 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. Requires that notice of the election include a statement of where and how copies may be obtained or viewed. Requires that a summary of the content of the proposed local control plan be attached to each copy. Requires that the summary also be made available to school district employees, parents, community members, and members of the media.

 

(b) Requires the school district to, at the time the board of trustees orders an election on the proposed local control plan, 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. Requires that these items remain posted on the school district's Internet website until the election is held.

 

(c) Requires the school district and each campus in the district to 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).

 

Sec. 12.020. New heading: LOCAL CONTROL PLAN AMENDMENT. (a) Authorizes the governing body of a local control school district on its own motion to submit a proposed amendment to the local control plan that complies with this subchapter to the commissioner for technical review, rather than authorizes the governing body of a home-rule school district on its own motion to submit a proposed charter amendment that complies with this subchapter to the commissioner for legal review.

 

(b) Requires the governing body to submit a proposed amendment to the local control plan that complies with this subchapter to the commissioner for technical review if a petition submitted to the governing body proposing the amendment is signed by at least five percent of the registered voters of the district. Requires that the petition designate one or more persons as a lead petitioner. Makes conforming changes.

 

(c) Requires the commissioner to, as soon as practicable, but not later than the 30th day after the date on which the requirements under Subsection (a) or (b), rather than the requirements for an election under Subsection (a) or (b), are satisfied, review the proposed amendment to ensure that the proposed amendment complies with any applicable state and federal laws and recommend any modifications necessary in accordance with Section 12.018. Provides that, if the commissioner does not act within the prescribed time, the proposed amendment is considered to be in compliance with applicable state and federal laws, rather than providing that, if the commissioner does not act within the prescribed time, the proposed charter amendment is approved.

 

(d) Authorizes the governing body or lead petitioner, as applicable, to accept or reject any proposed modifications and designate the amendment as final through the process described by Section 12.0181. Requires the governing body of the district to, as soon as practicable, but not later than the 15th day after the date an amendment is designated as final, order an election on the proposed amendment, rather than requires the governing body of the district to order an election on the proposed amendment as soon as practicable after commissioner review under Subsection (c).

 

(e) Requires that an election under this section be held on the first uniform election date in November of an even-numbered year that occurs at least 78, rather than 45, days after the date the election is ordered.

 

(f) Changes a reference to a charter to a local control plan.

 

(g)-(i) Makes conforming and nonsubstantive changes.

 

(j) Provides that Section 12.017 applies to a proposed amendment to a local control plan. Deletes existing text providing that Section 12.017 applies to a proposed charter amendment, except that the governing body is required to submit the proposed charter amendment to the secretary of state.

 

Sec. 12.021. New heading: ADOPTION OF LOCAL CONTROL PLAN OR AMENDMENT. (a) Provides that a proposed local control plan or a proposed amendment to a local control plan is adopted if approved by a majority of the registered voters of the district voting at an election held for that purpose, rather than provides that, subject to Section 12.022, a proposed home-rule school district charter or a proposed charter amendment is adopted if approved by a majority of the qualified voters of the district voting at an election held for that purpose.

 

(b) Requires that a local control plan or amendment to a local control plan specify an effective date and provides that the plan 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 or amendment is adopted. Requires the board of trustees or governing body to enter an order not later than the 10th day after the date the canvass of the election returns is completed. Deletes existing text requiring that a charter or charter amendment specify an effective date and takes effect according to its terms when the governing body of the school district enters an order declaring that the charter or charter amendment is adopted.

 

(c) Makes a conforming change.

 

Sec. 12.022. New heading: CERTIFICATION OF LOCAL CONTROL PLAN OR AMENDMENT. Redesignates existing Section 12.023 as Section 12.022. (a) Requires the president of the board of trustees or presiding officer of the governing body to, as soon as practicable after a school district adopts a local control plan or amendment to a local control plan, certify to the secretary of state a copy of the plan or amendment showing the approval by the voters of the district, rather than requires the president of the board of trustees, as soon as practicable after a school district adopts a home-rule school district charter or charter amendment, to certify to the secretary of state a copy of the charter or amendment showing the approval by the voters of the district.

 

(b) Requires the secretary of state to file and record the certification in the secretary of state's office.

 

Deletes existing text of Section 12.023(a) providing that an election on the adoption of a proposed home-rule school district has no effect unless at least 25 percent of the registered voters of the district vote in the election in which the adoption of the charter is on the ballot.

 

Deletes existing text of Section 12.023(b) providing that an election on the adoption of a proposed amendment to a home-rule school district charter has no effect unless at least 20 percent of the registered voters of the district vote in the election in which the adoption of the amendment is on the ballot.

 

Deletes existing text of Section 12.023(c) requiring the board of trustees to order an election to be held on certain uniform election dates if the required number of voters prescribed by Subsection (a) or (b) do not vote in the election.

 

Deletes existing text of Section 12.023(d) authorizing the board of trustees, if the required number of voters prescribed by Subsection (a) or (b) do not vote at an election ordered as required by Subsection (c), to continue to order elections on the issue in accordance with Subsection (c) until the required minimum voter turnout is achieved.

 

Sec. 12.023. New heading: EFFECT OF RECORDING LOCAL CONTROL PLAN OR AMENDMENT. Redesignates existing Section 12.024 as Section 12.023. Redesignates a charter or charter amendment as a local control plan or amendment to a local control plan. Makes conforming changes.

 

Sec. 12.024. GOVERNANCE. Redesignates existing Section 12.025 as Section 12.024. (a) Redesignates a home-rule school district as a local control school district and makes no further change to this subsection.

 

(b) and (c) Makes no change to these subsections.

 

Sec. 12.025. CHANGE IN GOVERNING BODY. Redesignates existing Section 12.026 as Section 12.025. Redesignates a home-rule school district charter as a local control school district plan and makes no further change.

 

Sec. 12.026. New heading: BASIS FOR PLACEMENT ON PROBATION OR REVOCATION OF LOCAL CONTROL PLAN. Redesignates existing Section 12.027 as Section 12.026. (a) Authorizes the commissioner to place a local control school district on probation or revoke the local control plan of a school district if the commissioner determines that the district, rather than authorizes the State Board of Education (SBOE) to place on probation or revoke a home-rule school district charter of a school district if SBOE determines that the district:

 

(1) committed a material violation of the local control plan, rather than charter;

 

(2) and (3) Makes no change to these subdivisions.

 

(b) and (c) Makes conforming changes to these subsections.

 

Sec. 12.027. PROCEDURE FOR PLACEMENT ON PROBATION OR REVOCATION. Redesignates existing Section 12.028 as Section 12.027. (a) Requires the commissioner by rule to adopt a procedure to be used for placing a local control school district on probation or revoking a local control plan, rather than requires SBOE by rule to adopt a procedure to be used for placing on probation or revoking a home-rule school district charter.

 

(b) Makes no change to this subsection.

 

Sec. 12.028 STATUS OF DISTRICT IN CASE OF ANNEXATION OR CONSOLIDATION. Redesignates existing Section 12.029 as Section 12.028. (a) Provides that, if a school district is annexed to another district under Chapter 13 (Creation, Consolidation, and Abolition of a District), and only one of the districts has a local control school district status, the status of the receiving district is the status for both districts following annexation, rather than provides that, if a school district is annexed to another district under Chapter 13, and only one of the districts has a home-rule school district status, the status, as a home-rule or other type of school district, of the receiving district is the status for both districts following annexation.

 

(b) Redesignates home-rule school district as local control school district.

 

Sec. 12.029. New heading: RESCISSION OF LOCAL CONTROL PLAN. Redesignates existing Section 12.030 as Section 12.029. (a) Redesignates a home-rule school district charter as a local control plan.

 

(b) Makes a conforming change.

 

(c) Makes no change to this subsection.

 

(d) Requires that the proposition to rescind the local control plan 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, rather than 45, days after the date on which the governing body orders the election. Makes a conforming change.

 

(e) Makes a conforming change.

 

(f) Provides that a local control plan is rescinded if the rescission is approved by a majority of the registered voters of the district voting at an election held for that purpose, rather than provides that a 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) Deletes existing text providing that 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 the number of registered voters required under Subsection (f) vote. Makes a conforming change.

 

(h) Makes a conforming change.

 

SECTION 6.  Amends Section 12.051(2), Education Code, to redefine “board” and “board of trustees.”

 

SECTION 7. Amends Section 12.052(a), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 8.  Amends Section 12.0521(a), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 9. Amends Section 12.0522(a), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 10. Amends Section 12.101(a), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 11.  Amends Sections 22.003(d) and (e), Education Code, as follows:

 

(d) Redesignates a home-rule school district as a local control school district.

 

(e) Makes a conforming change.

 

SECTION 12.  Amends Section 37.007(e), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 13.  Amends Section 37.022(a)(2), Education Code, to redefine “district or school.”

 

SECTION 14. Amends Section 38.152, Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 15.  Amends Section 38.157(c), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 16.  Amends Section 38.158(f), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 17.  Amends Section 39.102(a), Education Code, to redesignate a home-rule school district as a local control school district and changes a reference to a district’s charter to a district’s local control plan.

 

SECTION 18.  Amends Section 42.152(c), Education Code, to redesignate a home-rule school district as a local control school district and makes no further change.

 

SECTION 19.  Repealer: Section 7.102(c)(8) (requiring SBOE to adopt a procedure for placing on probation or revoking a home-rule school district charter), Education Code.

 

SECTION 20. Effective date: upon passage or September 1, 2015.