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A BILL TO BE ENTITLED
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AN ACT
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relating to notification about and location of an open-enrollment |
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charter school or campus. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.1101, Education Code, is amended to |
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read as follows: |
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Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
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ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt |
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a procedure for providing timely notice to the following persons on |
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receipt by the commissioner of a request or action that could affect |
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a school district, including an application for a charter for an |
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open-enrollment charter school under Section 12.110, [or of] notice |
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of the establishment of a campus as authorized under Section |
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12.101(b-4), a request for approval of an expansion amendment under |
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Section 12.114, or a request for approval to revise the maximum |
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student enrollment submitted under Section 12.114: |
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(1) the board of trustees and superintendent of each |
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affected school district that is located in or that serves the |
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geographic area described in the charter, proposed charter, or |
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revision or that is within 10 miles of the proposed location of the |
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school or campus [from which the proposed open-enrollment charter
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school or campus is likely to draw students, as determined by the
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commissioner]; and |
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(2) each member of the legislature who [that] |
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represents an affected school district [the geographic area to be
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served by the proposed school or campus, as determined by the
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commissioner]. |
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(b) For requests or actions related to establishment or |
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expansion of an open-enrollment charter school or campus, the |
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procedures for notice to persons listed under Subsection (a) must |
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require the notice to include sufficient specificity regarding the |
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proposed location of the school or campus, including the physical |
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address if it is available, or one zip code and one school district |
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where the school or campus is anticipated to open, for each affected |
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school district described by Subsection (a)(1) to adequately |
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anticipate any resulting changes in enrollment, programs, |
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services, and personnel at each district campus. |
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SECTION 2. 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 members of the governing |
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body of the school are selected and removed from office; |
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(D) the manner in which vacancies on that |
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governing body are filled; |
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(E) the term for which members of that governing |
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body serve; and |
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(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 geographic [geographical] area |
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served by the program, specify a proposed location in the manner |
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provided by Section 12.1101, and identify school districts that may |
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be affected; |
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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 3. The changes in law in Sections 12.1101 and |
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12.111(a), Education Code, as amended by this Act, apply beginning |
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with a new open-enrollment charter school or campus that is |
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anticipated to open for the 2021-2022 school year. |
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SECTION 4. 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. |