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A BILL TO BE ENTITLED
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AN ACT
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relating to public school accountability, including the powers and |
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duties of the commissioner of education regarding open-enrollment |
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charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.101, Education Code, is amended by |
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amending Subsection (b-4) and adding Subsection (b-9) to read as |
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follows: |
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(b-4) Notwithstanding Section 12.114, approval of the |
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commissioner under that section is not required for establishment |
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of a new open-enrollment charter school campus if the requirements |
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of this subsection[, including the absence of commissioner
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disapproval under Subdivision (3),] are satisfied. A charter |
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holder having an accreditation status of accredited and at least 50 |
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percent of its student population in grades assessed under |
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Subchapter B, Chapter 39, or at least 50 percent of the students in |
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the grades assessed having been enrolled in the school for at least |
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three school years may establish one or more new campuses under an |
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existing charter held by the charter holder if: |
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(1) the charter holder is currently evaluated under |
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the standard accountability procedures for evaluation under |
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Chapter 39 and received a district rating in the highest or second |
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highest performance rating category under Subchapter C, Chapter 39, |
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for three of the last five years with at least 75 percent of the |
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campuses rated under the charter also receiving a rating in the |
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highest or second highest performance rating category and, [with no
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campus with a rating in the lowest performance rating category] in |
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the most recent ratings, no more than 10 percent of the campuses |
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under the charter have received a rating in the lowest performance |
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rating category; |
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(2) the charter holder provides written notice to the |
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commissioner of the establishment of any campus under this |
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subsection in the time, manner, and form provided by rule of the |
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commissioner; and |
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(3) not later than the 60th day after the date the |
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charter holder provides written notice under Subdivision (2), the |
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commissioner does not provide written notice to the charter holder |
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that the commissioner has determined that the charter holder does |
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not satisfy the requirements of this section [of disapproval of a
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new campus under this section]. |
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(b-9) Notwithstanding Subsection (b-3), the commissioner |
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may grant an additional charter for an open-enrollment charter |
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school to a charter holder if: |
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(1) one of the charters is for a virtual |
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open-enrollment charter school that provides only electronic |
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courses through the state virtual school network; and |
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(2) the other charter is for any other type of |
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open-enrollment charter school allowable under this chapter or |
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commissioner rule. |
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SECTION 2. Section 12.1141, Education Code, is amended by |
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adding Subsection (l) to read as follows: |
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(l) For purposes of determination of renewal under |
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Subsection (d), the charter holder's first assigned performance |
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rating under Subchapter C, Chapter 39, or first assigned |
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performance rating under Subchapter D, Chapter 39, may not be |
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considered. |
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SECTION 3. Section 12.115, Education Code, is amended by |
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adding Subsection (c-2) to read as follows: |
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(c-2) For purposes of revocation under Subsection (c), a |
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charter holder's first assigned performance rating under |
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Subchapter C, Chapter 39, or first assigned performance rating |
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under Subchapter D, Chapter 39, may not be considered. |
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SECTION 4. Section 12.116, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The commissioner shall adopt an informal procedure to be |
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used for: |
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(1) revoking the charter of an open-enrollment charter |
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school or for reconstituting the governing body of the charter |
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holder as authorized by Section 12.115; and |
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(2) denying the renewal of a charter of an |
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open-enrollment charter school as authorized by Section |
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12.1141(c). |
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(a-1) The procedure adopted under Subsection (a) must allow |
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representatives of the charter holder to meet with the commissioner |
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to discuss the commissioner's decision and must allow the charter |
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holder to submit additional information to the commissioner |
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relating to the commissioner's decision. In a final decision |
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issued by the commissioner, the commissioner shall provide a |
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written response to any information the charter holder submits |
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under this subsection. |
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SECTION 5. Section 39.151, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c-1) to read as |
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follows: |
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(b) The rules under Subsection (a) must provide for the |
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commissioner to appoint a committee to make recommendations to the |
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commissioner on a challenge made to an agency decision relating to |
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an academic performance rating or determination or financial |
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accountability rating. The committee shall review the challenge |
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regardless of the issue identified in the challenge by the school |
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district or open-enrollment charter school. The commissioner may |
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not appoint an agency employee as a member of the committee. |
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(c-1) The commissioner may not limit a challenge relating to |
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a data or calculation error or inaccuracy attributable to the |
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school district or open-enrollment charter school, even if the |
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challenge demonstrates the data or calculation error or inaccuracy |
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caused the district or school to have a lower academic or financial |
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accountability rating. If a challenge demonstrates that the data |
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or calculation error or inaccuracy caused the district or school to |
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have a lower academic or financial accountability rating, the |
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commissioner shall assign the district or school the corrected |
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rating or shall indicate that the district or school will not be |
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rated for that school year. The commissioner may not revoke the |
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charter of an open-enrollment charter school as provided by Section |
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12.115(c) or allow the charter to expire as provided by Section |
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12.1141(d) if for one of the school years considered for the |
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commissioner's decision the school is not rated as provided by this |
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subsection. |
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SECTION 6. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |