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A BILL TO BE ENTITLED
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AN ACT
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relating to the approval of the establishment or expansion of |
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open-enrollment charter schools and the application of facility |
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standards to those 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(b-4), Education Code, is amended |
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to read as 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 are satisfied. A charter holder having an |
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accreditation status of accredited and at least 50 percent of its |
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student population in grades assessed under Subchapter B, Chapter |
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39, or at least 50 percent of the students in the grades assessed |
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having been enrolled in the school for at least three school years |
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may establish one or more new campuses under an existing charter |
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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; |
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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) the new campus will not be located within one mile |
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of another open-enrollment charter school campus, unless: |
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(A) the new campus will: |
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(i) be an adult high school diploma and |
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industry certification charter school established under Section |
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29.259; or |
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(ii) serve students in a residential |
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treatment center or juvenile detention facility; or |
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(B) the other campus has been operating at the |
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maximum student enrollment described by the other school's charter |
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for at least the preceding two school years; and |
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(4) 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. |
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SECTION 2. Section 12.104(b), Education Code, as amended by |
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Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts |
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of the 85th Legislature, Regular Session, 2017, is reenacted and |
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amended to read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; [and] |
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(P) bullying prevention policies and procedures |
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under Section 37.0832; |
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(Q) the right of a school under Section 37.0052 |
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to place a student who has engaged in certain bullying behavior in a |
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disciplinary alternative education program or to expel the student; |
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[and] |
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(R) the right under Section 37.0151 to report to |
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local law enforcement certain conduct constituting assault or |
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harassment; |
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(S) [(P)] a parent's right to information |
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regarding the provision of assistance for learning difficulties to |
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the parent's child as provided by Sections 26.004(b)(11) and |
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26.0081(c) and (d); and |
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(T) school facility standards established under |
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Section 42.352. |
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SECTION 3. Section 12.110, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The commissioner shall deny an application for a charter |
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for an open-enrollment charter school that the applicant proposes |
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to be located within one mile of another open-enrollment charter |
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school campus, unless: |
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(1) the proposed school will: |
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(A) be an adult high school diploma and industry |
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certification charter school established under Section 29.259; or |
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(B) serve students in a residential treatment |
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center or juvenile detention facility; or |
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(2) the other campus has been operating at the maximum |
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student enrollment described by the other school's charter for at |
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least the preceding two school years. |
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SECTION 4. Section 12.114, Education Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The commissioner shall deny a request for a revision in |
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which the applicant proposes an open-enrollment charter school |
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campus or site to be located within one mile of another |
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open-enrollment charter school campus, unless: |
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(1) the proposed campus or site will: |
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(A) be an adult high school diploma and industry |
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certification charter school established under Section 29.259; or |
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(B) serve students in a residential treatment |
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center or juvenile detention facility; or |
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(2) the other campus has been operating at the maximum |
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student enrollment described by the other school's charter for at |
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least the preceding two school years. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application for a charter for an open-enrollment charter school, |
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notice of the establishment of an open-enrollment charter school |
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campus, or a request for a revision to the charter of an |
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open-enrollment charter school submitted on or after the effective |
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date of this Act. |
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SECTION 6. To the extent of any conflict, this Act prevails |
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over another Act of the 86th Legislature, Regular Session, 2019, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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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, 2019. |