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A BILL TO BE ENTITLED
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AN ACT
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relating to the election of members of the governing body of an |
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open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.111(a), Education Code, is amended to |
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read as follows: |
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(a) Each charter granted under this subchapter must: |
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(1) describe the educational program to be offered, |
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which must include the required curriculum as provided by Section |
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28.002; |
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(2) provide that continuation of the charter is |
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contingent on the status of the charter as determined under Section |
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12.1141 or 12.115 or under Chapter 39A; |
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(3) specify the academic, operational, and financial |
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performance expectations by which a school operating under the |
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charter will be evaluated, which must include applicable elements |
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of the performance frameworks adopted under Section 12.1181; |
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(4) specify: |
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(A) any basis, in addition to a basis specified |
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by this subchapter or Chapter 39A, on which the charter may be |
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revoked, renewal of the charter may be denied, or the charter may be |
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allowed to expire; and |
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(B) the standards for evaluation of a school |
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operating under the charter for purposes of charter renewal, denial |
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of renewal, expiration, revocation, or other intervention in |
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accordance with Section 12.1141 or 12.115 or Chapter 39A, as |
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applicable; |
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(5) prohibit discrimination in admission policy on the |
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basis of sex, national origin, ethnicity, religion, disability, |
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academic, artistic, or athletic ability, or the district the child |
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would otherwise attend in accordance with this code, although the |
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charter may: |
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(A) provide for the exclusion of a student who |
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has a documented history of a criminal offense, a juvenile court |
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adjudication, or discipline problems under Subchapter A, Chapter |
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37; and |
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(B) provide for an admission policy that requires |
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a student to demonstrate artistic ability if the school specializes |
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in performing arts; |
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(6) specify the grade levels to be offered; |
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(7) describe the governing structure of the program, |
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including: |
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(A) the officer positions designated; |
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(B) the manner in which officers are selected and |
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removed from office; |
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(C) the manner in which temporary members of the |
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governing body of the school are selected; |
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(D) the manner in which members of the governing |
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body to be elected as required by this subchapter; |
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(E) the manner in which elected members of the |
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governing body are [and] removed from office; |
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(F) [(D)] the manner in which vacancies for |
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elected members on that governing body are filled; |
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(G) [(E)] the term for which elected members of |
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that governing body serve, provided that the term does not exceed |
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four years; and |
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(H) [(F)] whether the terms are to be staggered; |
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(8) specify the powers or duties of the governing body |
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of the school that the governing body may delegate to an officer; |
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(9) specify the manner in which the school will |
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distribute to parents information related to the qualifications of |
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each professional employee of the program, including any |
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professional or educational degree held by each employee, a |
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statement of any certification under Subchapter B, Chapter 21, held |
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by each employee, and any relevant experience of each employee; |
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(10) describe the process by which the person |
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providing the program will adopt an annual budget; |
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(11) describe the manner in which an annual audit of |
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the financial and programmatic operations of the program is to be |
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conducted, including the manner in which the person providing the |
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program will provide information necessary for the school district |
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in which the program is located to participate, as required by this |
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code or by commissioner rule, in the Public Education Information |
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Management System (PEIMS); |
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(12) describe the facilities to be used; |
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(13) describe the geographical area served by the |
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program; |
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(14) specify any type of enrollment criteria to be |
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used; |
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(15) provide information, as determined by the |
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commissioner, relating to any management company that will provide |
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management services to a school operating under the charter; and |
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(16) specify that the governing body of an |
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open-enrollment charter school accepts and may not delegate |
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ultimate responsibility for the school, including the school's |
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academic performance and financial and operational viability, and |
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is responsible for overseeing any management company providing |
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management services for the school and for holding the management |
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company accountable for the school's performance. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Sections 12.1135 and 12.1136 to read as follows: |
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Sec. 12.1135. ELECTION OF CERTAIN MEMBERS OF GOVERNING |
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BODY. (a) Not later than one school year after an open-enrollment |
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charter school begins providing instruction to students, the |
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temporary members of the governing body of the school shall, in the |
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manner prescribed by the charter, hold an election to elect the |
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members of the governing body. |
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(b) Each parent of or person standing in parental relation |
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to a student enrolled at the school may vote in an election under |
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this section, regardless of the disproportionate representation |
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that may result. |
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(c) This section does not prohibit the election or selection |
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of a temporary member. |
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Sec. 12.1136. ELECTION OF CERTAIN MEMBERS OF GOVERNING |
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BODY: CHARTERS IN OPERATION ON SEPTEMBER 1, 2019. (a) This section |
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applies to an open-enrollment charter school that: |
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(1) is in operation on September 1, 2019; and |
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(2) is not subject to alternative management or |
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another sanction affecting its governance under this code. |
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(b) Not later than September 1, 2020, an open-enrollment |
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charter school subject to this section shall: |
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(1) revise the school's charter to conform to the |
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changes in law made by H.B. , 86th Legislature, Regular Session, |
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2019; and |
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(2) in the manner prescribed by the charter, hold an |
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election of the members of the governing body. |
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(c) Each parent of or person standing in parental relation |
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to a student enrolled at the school may vote in an election under |
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this section, regardless of the disproportionate representation |
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that may result. |
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(d) This section expires September 1, 2021. |
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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, 2019. |