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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the commissioner of education |
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regarding open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Sections 12.1016 and 12.1152 to read as follows: |
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Sec. 12.1016. ADDITIONAL CHARTER FOR OPEN-ENROLLMENT |
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CHARTER SCHOOLS ALLOWED. (a) Notwithstanding Section 12.101(b-3), |
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the commissioner may grant more than one charter for an |
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open-enrollment charter school to a charter holder if the |
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additional charter is for an open-enrollment charter school that |
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has a different purpose or serves a different student population |
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from the charter holder's existing open-enrollment charter school |
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or schools. |
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(b) The commissioner by rule shall determine the types of |
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open-enrollment charter schools that have a different purpose or |
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serve a different student population for purposes of this section. |
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The rules must account for the following types of open-enrollment |
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charter schools: |
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(1) an open-enrollment charter school that serves a |
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general student population; |
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(2) an alternative education open-enrollment charter |
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school that serves students who: |
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(A) have dropped out of school; or |
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(B) are students at risk of dropping out of |
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school, as defined by Section 29.081; |
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(3) an open-enrollment charter school operating under |
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a charter granted under Section 12.1014; |
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(4) a virtual open-enrollment charter school that only |
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provides electronic courses through the state virtual school |
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network; |
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(5) a college preparation open-enrollment charter |
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school; and |
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(6) any other open-enrollment charter school that |
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serves a distinct student population, as determined by commissioner |
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rule. |
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Sec. 12.1152. RECONSTITUTION OF GOVERNING BODY INSTEAD OF |
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REVOCATION OR EXPIRATION OF CHARTER. (a) The charter of an |
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open-enrollment charter school that is subject to expiration under |
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Section 12.1141(d) or subject to revocation under Section 12.115(a) |
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or (c) may not expire or be revoked, and the commissioner shall |
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allow reconstitution of the governing body of the charter holder, |
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if: |
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(1) the members of the governing body of the charter |
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holder: |
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(A) nominate new members for the governing body |
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to be appointed by the commissioner; and |
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(B) immediately resign, unless a member is |
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reappointed by the commissioner; |
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(2) the reconstituted governing body appoints new |
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management of the charter school; and |
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(3) the commissioner approves the reconstitution. |
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(b) The governing body of a charter holder may be |
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reconstituted under this section only once. |
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SECTION 2. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 3. 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. |