By: Campbell S.B. No. 1883
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the approval of open-enrollment charter schools and the
  review of challenges by open-enrollment charter schools or school
  districts to accountability determinations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.1102 to read as follows:
         Sec. 12.1102.  APPEAL OF APPLICATION SELECTION
  DETERMINATION. (a)  This section applies only if the charter
  application selection process includes:
               (1)  scoring criteria and procedures for use of the
  criteria by an external application review panel selected by the
  commissioner; and
               (2)  selection criteria that include the minimum score
  necessary for an applicant to be eligible for selection.
         (b)  The State Board of Education shall adopt procedures for
  the appeal of an application selection determination made based on
  the submission of an application under a process described by
  Subsection (a).
         (c)  The procedures adopted under this section must provide
  for an applicant who scores within 10 percentage points of the
  minimum score necessary for an applicant to be eligible for
  selection to appeal to the State Board of Education a score
  determined by the external application review panel.
         (d)  The determination of the State Board of Education in an
  appeal under the procedures adopted under this section is final.
         (e)  If the charter applicant prevails in an appeal to the
  State Board of Education, the commissioner shall consider the
  applicant's application.
         SECTION 2.  Section 12.1141, Education Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  The commissioner may not allow the charter of an
  open-enrollment charter school to expire as provided by Subsection
  (d) if for one of the school years the commissioner considers in
  making a decision the school is not rated as provided by Section
  39.151(c-1).
         SECTION 3.  Section 12.115, Education Code, is amended by
  adding Subsection (c-1) to read as follows:
         (c-1)  The commissioner may not revoke the charter of an
  open-enrollment charter school as provided by Subsection (c) if for
  one of the school years the commissioner considers in making a
  decision the school is not rated as provided by Section
  39.151(c-1).
         SECTION 4.  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 any challenge
  regardless of the basis identified in the challenge by the school
  district or open-enrollment charter school for the rating or
  determination. The commissioner may not appoint an agency employee
  as a member of a [the] committee.
         (c-1)  Except as provided by this subsection, 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 that the data or calculation error or inaccuracy
  caused the district or school to have a lower academic performance
  rating or financial accountability rating. To consider a challenge
  under this subsection, supporting documentation related to a data
  or calculation error or inaccuracy must be submitted not later than
  the first anniversary of the date of the deadline to submit a
  challenge.  If a challenge demonstrates that the data or
  calculation error or inaccuracy caused the district or school to
  have a lower academic performance rating or financial
  accountability rating, the commissioner shall:
               (1)  assign the district or school the corrected
  rating; or
               (2)  indicate for that school year that the district or
  school is not rated.
         SECTION 5.  Section 12.101(b-0), Education Code, is
  repealed.
         SECTION 6.  As soon as practicable after the effective date
  of this Act, the State Board of Education shall adopt procedures for
  the appeal of an application selection determination as provided by
  Section 12.1102, Education Code, as added by this Act.
         SECTION 7.  Section 12.1102, Education Code, as added by
  this Act, applies only to an application submitted on or after the
  effective date of this Act.
         SECTION 8.  Section 39.151(c-1), Education Code, as added by
  this Act, applies only to a data or calculation error or inaccuracy
  challenge to an academic performance rating or financial
  accountability rating assigned for the 2017-2018 school year or a
  later school year.
         SECTION 9.  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, 2017.