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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of open-enrollment charter schools and the |
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review of challenges by open-enrollment charter schools or school |
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districts to accountability determinations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.101(b), Education Code, is amended to |
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read as follows: |
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(b) After thoroughly investigating and evaluating an |
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applicant, the commissioner[, in coordination with a member of the
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State Board of Education designated for the purpose by the chair of
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the board,] may grant a charter for an open-enrollment charter |
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school only to an applicant that meets any financial, governing, |
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educational, and operational standards adopted by the commissioner |
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under this subchapter, that the commissioner determines is capable |
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of carrying out the responsibilities provided by the charter and |
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likely to operate a school of high quality, and that: |
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(1) has not within the preceding 10 years had a charter |
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under this chapter or a similar charter issued under the laws of |
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another state surrendered under a settlement agreement, revoked, |
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denied renewal, or returned; or |
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(2) is not, under rules adopted by the commissioner, |
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considered to be a corporate affiliate of or substantially related |
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to an entity that has within the preceding 10 years had a charter |
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under this chapter or a similar charter issued under the laws of |
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another state surrendered under a settlement agreement, revoked, |
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denied renewal, or returned. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1102 to read as follows: |
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Sec. 12.1102. APPEAL OF APPLICATION SELECTION |
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DETERMINATION. (a) This section applies only if the charter |
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application selection process includes: |
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(1) scoring criteria and procedures for use of the |
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criteria by an external application review panel selected by the |
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commissioner; and |
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(2) selection criteria that include the minimum score |
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necessary for an applicant to be eligible for selection. |
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(b) The commissioner shall adopt procedures for the appeal |
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of an application selection determination made based on the |
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submission of an application under a process described by |
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Subsection (a). |
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(c) The procedures adopted under this section must provide |
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for an applicant who scores within 10 percent of the minimum score |
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necessary for an applicant to be eligible for selection to appeal to |
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the commissioner a score determined by the external application |
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review panel. |
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(d) The commissioner's determination in an appeal under the |
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procedures adopted under this section is final. |
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SECTION 3. Section 12.1141, Education Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) The commissioner may not allow the charter of an |
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open-enrollment charter school to expire as provided by Subsection |
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(d) if for one of the school years the commissioner considers in |
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making a decision the school is not rated as provided by Section |
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39.151(c-1). |
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SECTION 4. Section 12.115, Education Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The commissioner may not revoke the charter of an |
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open-enrollment charter school as provided by Subsection (c) if for |
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one of the school years the commissioner considers in making a |
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decision the school is not rated as provided by Section |
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39.151(c-1). |
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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 any challenge |
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regardless of the basis identified in the challenge by the school |
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district or open-enrollment charter school for the rating or |
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determination. The commissioner may not appoint an agency employee |
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as a member of a [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 that the data or calculation error or |
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inaccuracy caused the district or school to have a lower academic |
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performance rating or financial accountability rating. If a |
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challenge demonstrates that the data or calculation error or |
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inaccuracy caused the district or school to have a lower academic |
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performance rating or financial accountability rating, the |
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commissioner shall: |
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(1) assign the district or school the corrected |
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rating; or |
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(2) indicate for that school year that the district or |
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school is not rated. |
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SECTION 6. Section 12.101(b-0), Education Code, is |
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repealed. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act, the commissioner of education shall adopt procedures |
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for the appeal of an application selection determination as |
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provided by Section 12.1102, Education Code, as added by this Act. |
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SECTION 8. Section 12.1102, Education Code, as added by |
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this Act, applies only to an application submitted on or after the |
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effective date of this Act. |
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SECTION 9. 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, 2017. |