By: Taylor of Galveston S.B. No. 1897

A BILL TO BE ENTITLED

AN ACT

relating to public school accountability, including the powers and duties of the commissioner of education regarding open-enrollment charter schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.101, Education Code, is amended by amending Subsection (b-4) and adding Subsection (b-9) to read as follows:

(b-4) Notwithstanding Section 12.114, approval of the commissioner under that section is not required for establishment of a new open-enrollment charter school campus if the requirements of this subsection[, including the absence of commissioner disapproval under Subdivision (3),] are satisfied. A charter holder having an accreditation status of accredited and at least 50 percent of its student population in grades assessed under Subchapter B, Chapter 39, or at least 50 percent of the students in the grades assessed having been enrolled in the school for at least three school years may establish one or more new campuses under an existing charter held by the charter holder if:

(1) the charter holder is currently evaluated under the standard accountability procedures for evaluation under Chapter 39 and received a district rating in the highest or second highest performance rating category under Subchapter C, Chapter 39, for three of the last five years with at least 75 percent of the campuses rated under the charter also receiving a rating in the highest or second highest performance rating category and, [with no campus with a rating in the lowest performance rating category] in the most recent ratings, no more than 10 percent of the campuses under the charter have received a rating in the lowest performance rating category;

(2) the charter holder provides written notice to the commissioner of the establishment of any campus under this subsection in the time, manner, and form provided by rule of the commissioner; and

(3) not later than the 60th day after the date the charter holder provides written notice under Subdivision (2), the commissioner does not provide written notice to the charter holder that the commissioner has determined that the charter holder does not satisfy the requirements of this section [of disapproval of a new campus under this section].

(b-9) Notwithstanding Subsection (b-3), the commissioner may grant an additional charter for an open-enrollment charter school to a charter holder if:

(1) one of the charters is for a virtual open-enrollment charter school that provides only electronic courses through the state virtual school network; and

(2) the other charter is for any other type of open-enrollment charter school allowable under this chapter or commissioner rule.

SECTION 2. Section 12.1141, Education Code, is amended by adding Subsection (l) to read as follows:

(l) For purposes of determination of renewal under Subsection (d), the charter holder's first assigned performance rating under Subchapter C, Chapter 39, or first assigned performance rating under Subchapter D, Chapter 39, may not be considered.

SECTION 3. Section 12.115, Education Code, is amended by adding Subsection (c-2) to read as follows:

(c-2) For purposes of revocation under Subsection (c), a charter holder's first assigned performance rating under Subchapter C, Chapter 39, or first assigned performance rating under Subchapter D, Chapter 39, may not be considered.

SECTION 4. Section 12.116, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The commissioner shall adopt an informal procedure to be used for:

(1) revoking the charter of an open-enrollment charter school or for reconstituting the governing body of the charter holder as authorized by Section 12.115; and

(2) denying the renewal of a charter of an open-enrollment charter school as authorized by Section 12.1141(c).

(a-1) The procedure adopted under Subsection (a) must allow representatives of the charter holder to meet with the commissioner to discuss the commissioner's decision and must allow the charter holder to submit additional information to the commissioner relating to the commissioner's decision. In a final decision issued by the commissioner, the commissioner shall provide a written response to any information the charter holder submits under this subsection.

SECTION 5. Section 39.151, Education Code, is amended by amending Subsection (b) and adding Subsection (c-1) to read as follows:

(b) The rules under Subsection (a) must provide for the commissioner to appoint a committee to make recommendations to the commissioner on a challenge made to an agency decision relating to an academic performance rating or determination or financial accountability rating. The committee shall review the challenge regardless of the issue identified in the challenge by the school district or open-enrollment charter school. The commissioner may not appoint an agency employee as a member of the committee.

(c-1) The commissioner may not limit a challenge relating to a data or calculation error or inaccuracy attributable to the school district or open-enrollment charter school, even if the challenge demonstrates the data or calculation error or inaccuracy caused the district or school to have a lower academic or financial accountability rating. If a challenge demonstrates that the data or calculation error or inaccuracy caused the district or school to have a lower academic or financial accountability rating, the commissioner shall assign the district or school the corrected rating or shall indicate that the district or school will not be rated for that school year. The commissioner may not revoke the charter of an open-enrollment charter school as provided by Section 12.115(c) or allow the charter to expire as provided by Section 12.1141(d) if for one of the school years considered for the commissioner's decision the school is not rated as provided by this subsection.

SECTION 6. This Act applies beginning with the 2015-2016 school year.

SECTION 7. 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.