86R26787 CAE-D
 
  By: Bohac H.B. No. 3861
 
  Substitute the following for H.B. No. 3861:
 
  By:  Sanford C.S.H.B. No. 3861
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to approval of school district and charter school
  partnerships to operate school district campuses and programs and
  to eligibility for state funding.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 11.157, Education Code, is amended to
  read as follows:
         Sec. 11.157.  CONTRACTS FOR EDUCATIONAL SERVICES. (a) The
  board of trustees of an independent school district may contract
  with a public or private entity for that entity to provide
  educational services for the district.
         (b)  A school district and open-enrollment charter school
  may apply to the commissioner for approval to jointly operate a
  campus or campus program. During each school year, the
  commissioner may approve not more than three contracts for a school
  district and open-enrollment charter school to jointly operate a
  campus or campus program and to receive funding as provided by
  Subsection (d).  This subsection does not apply to the renewal of a
  contract previously approved by the commissioner.
         (c)  A school district contract with an open-enrollment
  charter school to jointly operate a campus or campus program during
  the 2017-2018 school year is considered to be a contract approved by
  the commissioner and is eligible to receive funding as provided by
  Subsection (d).
         (d)  A school district that contracts with the governing body
  of an open-enrollment charter school to jointly operate a campus or
  campus program qualifies for funding under Section 42.2511 for each
  student or the portion of each student's school day under the
  direction of the open-enrollment charter school if the most recent
  accountability rating of:
               (1)  the campus was a C or higher under Subchapter C,
  Chapter 39; and
               (2)  the open-enrollment charter school was a C or
  higher under Subchapters C and D, Chapter 39.
         (e)  The commissioner may adopt rules and collect data to
  determine the portion of funding a school district is entitled to
  under Subsection (d) if the district contracts with an
  open-enrollment charter school to jointly operate a campus program.
         SECTION 2.  Sections 42.2511(a) and (b), Education Code, are
  amended to read as follows:
         (a)  This section applies only to:
               (1)  a school district and an open-enrollment charter
  school that enter into a contract to operate a district campus as
  provided by Section 11.174; [and]
               (2)  a charter granted by a school district for a
  program operated by an entity that has entered into a contract under
  Section 11.174, provided that the district does not appoint a
  majority of the governing body of the charter holder; and
               (3)  a school district that contracts with an
  open-enrollment charter school to jointly operate a campus or
  campus program as provided by Section 11.157(d).
         (b)  Notwithstanding any other provision of this chapter or
  Chapter 41, a school district subject to this section is entitled to
  receive for each student in average daily attendance at the campus
  or program described by Subsection (a) an amount equivalent to the
  difference, if the difference results in increased funding,
  between:
               (1)  the amount described by Section 12.106; and
               (2)  the amount to which the district would be entitled
  under this chapter.
         SECTION 3.  This Act applies beginning with the 2019-2020
  school year.
         SECTION 4.  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, 2019.