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A BILL TO BE ENTITLED
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AN ACT
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relating to renewal, expiration, or revocation of charters of and |
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evaluation of performance of open-enrollment charter schools |
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providing education within a residential treatment facility. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1141, Education Code, is amended by |
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amending Subsections (c) and (d) and adding Subsection (d-1) to |
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read as follows: |
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(c) At the end of the term of a charter for an |
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open-enrollment charter school, if a charter holder submits to the |
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commissioner a petition for renewal of the charter and the charter |
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does not meet the criteria for expedited renewal under Subsection |
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(b) or for expiration under Subsection (d) or (d-1), as applicable, |
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the commissioner shall use the discretionary consideration |
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process. The commissioner's decision under the discretionary |
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consideration process must take into consideration the results of |
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annual evaluations under the performance frameworks established |
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under Section 12.1181. The renewal of the charter of an |
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open-enrollment charter school that is registered under the |
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agency's alternative education accountability procedures for |
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evaluation under Chapter 39 shall be considered under the |
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discretionary consideration process regardless of the performance |
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ratings under Subchapter C, Chapter 39, of the open-enrollment |
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charter school or of any campus operating under the charter, except |
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that if the charter holder has been assigned a financial |
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accountability performance rating under Subchapter D, Chapter 39, |
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indicating financial performance that is lower than satisfactory |
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for any three of the five preceding school years, the commissioner |
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shall allow the charter to expire under Subsection (d) or (d-1), as |
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applicable. In considering the renewal of the charter of an |
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open-enrollment charter school that is registered under the |
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agency's alternative education accountability procedures for |
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evaluation under Chapter 39, such as a dropout recovery school, but |
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other than [or] a school providing education within a residential |
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treatment facility, the commissioner shall use academic criteria |
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established by commissioner rule that are appropriate to measure |
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the specific goals of the school. The criteria established by the |
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commissioner shall recognize growth in student achievement as well |
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as educational attainment. For a school providing education within |
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a residential treatment facility, the commissioner shall use |
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criteria established by commissioner rule that are appropriate to |
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measure the specific goals of the school and must consider the |
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overall best interest of the students. For purposes of this |
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subsection, the commissioner shall designate as a dropout recovery |
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school an open-enrollment charter school or a campus of an |
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open-enrollment charter school: |
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(1) that serves students in grades 9 through 12 and has |
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an enrollment of which at least 50 percent of the students are 17 |
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years of age or older as of September 1 of the school year as |
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reported for the fall semester Public Education Information |
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Management System (PEIMS) submission; and |
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(2) that meets the eligibility requirements for and is |
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registered under alternative education accountability procedures |
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adopted by the commissioner. |
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(d) At the end of the term of a charter for an |
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open-enrollment charter school, other than a school providing |
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education within a residential treatment facility, if a charter |
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holder submits to the commissioner a petition for renewal of the |
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charter, the commissioner may not renew the charter and shall allow |
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the charter to expire if: |
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(1) the charter holder has been assigned the lowest |
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performance rating under Subchapter C, Chapter 39, for any three of |
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the five preceding school years; |
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(2) the charter holder has been assigned a financial |
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accountability performance rating under Subchapter D, Chapter 39, |
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indicating financial performance that is lower than satisfactory |
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for any three of the five preceding school years; |
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(3) the charter holder has been assigned any |
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combination of the ratings described by Subdivision (1) or (2) for |
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any three of the five preceding school years; or |
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(4) any campus operating under the charter has been |
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assigned the lowest performance rating under Subchapter C, Chapter |
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39, for the three preceding school years and such a campus has not |
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been closed. |
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(d-1) At the end of the term of a charter for an |
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open-enrollment charter school providing education within a |
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residential treatment facility, if a charter holder submits to the |
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commissioner a petition for renewal of the charter, the |
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commissioner may not renew the charter and shall allow the charter |
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to expire if: |
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(1) the charter holder has been assigned the lowest |
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performance rating under the performance standards established |
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under the specific performance framework under Section |
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12.1181(a-1) for any three of the five preceding school years; |
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(2) the charter holder has been assigned a financial |
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accountability performance rating under Subchapter D, Chapter 39, |
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indicating financial performance that is lower than satisfactory |
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for any three of the five preceding school years; or |
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(3) the charter holder has been assigned any |
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combination of the ratings described by Subdivision (1) or (2) for |
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any three of the five preceding school years. |
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SECTION 2. Section 12.115, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (c-2) to read as |
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follows: |
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(c) The commissioner shall revoke the charter of an |
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open-enrollment charter school, other than a school providing |
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education within a residential treatment facility, if: |
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(1) the charter holder has been assigned an |
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unacceptable performance rating under Subchapter C, Chapter 39, for |
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the three preceding school years; |
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(2) the charter holder has been assigned a financial |
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accountability performance rating under Subchapter D, Chapter 39, |
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indicating financial performance lower than satisfactory for the |
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three preceding school years; or |
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(3) the charter holder has been assigned any |
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combination of the ratings described by Subdivision (1) or (2) for |
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the three preceding school years. |
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(c-2) The commissioner shall revoke the charter of an |
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open-enrollment charter school providing education within a |
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residential treatment facility if: |
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(1) the charter holder has been assigned the lowest |
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performance rating under the performance standards established |
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under the specific performance framework under Section |
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12.1181(a-1) for the three preceding school years; |
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(2) the charter holder has been assigned a financial |
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accountability performance rating under Subchapter D, Chapter 39, |
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indicating financial performance that is lower than satisfactory |
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for the three preceding school years; or |
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(3) the charter holder has been assigned any |
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combination of the ratings described by Subdivision (1) or (2) for |
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the three preceding school years. |
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SECTION 3. Section 12.1181, Education Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) The specific performance framework adopted by the |
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commissioner under this section for an open-enrollment charter |
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school providing education within a residential treatment facility |
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must establish standards that primarily emphasize the overall best |
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interest of the students. |
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SECTION 4. This Act takes effect September 1, 2015. |