| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to state funding and accountability intervention and |
|
|
sanction provisions applicable to school district campuses and |
|
|
programs operated under school district and charter partnerships. |
|
|
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 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. |
|
|
(c) The commissioner may adopt rules and collect data to |
|
|
determine the portion of funding a school district is entitled to |
|
|
under Subsection (b) if the district contracts with an |
|
|
open-enrollment charter school to jointly operate a campus program. |
|
|
SECTION 2. Sections 11.174(f) and (i), Education Code, are |
|
|
amended to read as follows: |
|
|
(f) This subsection applies only to a district campus that |
|
|
is subject to a contract described by Subsection (a) entered into |
|
|
before September 1, 2019, and that received an overall performance |
|
|
rating of unacceptable under Subchapter C, Chapter 39, for the |
|
|
school year before operation of the district campus under the |
|
|
contract began. The commissioner may not impose a sanction or take |
|
|
action against the campus under Section 39A.101 [39.107(a) or (e)] |
|
|
for failure to satisfy academic performance standards during the |
|
|
first two school years of operation of a district campus under |
|
|
Subsection (a). The overall performance rating received by the |
|
|
campus during those first two school years is not included in |
|
|
calculating consecutive school years and is not considered a break |
|
|
in consecutive school years under Section 39A.101 [39.107(a) or
|
|
|
(e)]. |
|
|
(i) A [The] contract entered into as provided by this |
|
|
section [of a campus subject to Subsection (f)] must provide that |
|
|
any student residing in the attendance zone of the district campus |
|
|
as the attendance zone existed before operation of the district |
|
|
campus under the contract shall be admitted for enrollment at the |
|
|
campus. The contract must establish enrollment preference for |
|
|
students who do not reside in the attendance zone as follows: |
|
|
(1) other students residing in the school district in |
|
|
which the campus is located; and |
|
|
(2) students who reside outside the school district. |
|
|
SECTION 3. Section 39A.107, Education Code, is amended by |
|
|
adding Subsection (a-1) to read as follows: |
|
|
(a-1) If, after a turnaround plan has been ordered under |
|
|
Section 39A.101, the commissioner approves a contract under Section |
|
|
11.174, the campus turnaround plan is considered to have been |
|
|
approved by the commissioner as provided by Subsection (a). |
|
|
SECTION 4. 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(b). |
|
|
(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 5. Section 11.174(g), Education Code, is repealed. |
|
|
SECTION 6. This Act applies beginning with the 2019-2020 |
|
|
school year. |
|
|
SECTION 7. The Texas Education Agency is required to |
|
|
implement a provision of this Act only if the legislature |
|
|
appropriates money specifically for that purpose. If the |
|
|
legislature does not appropriate money specifically for that |
|
|
purpose, the Texas Education Agency may, but is not required to, |
|
|
implement a provision of this Act using other appropriations |
|
|
available for that purpose. |
|
|
SECTION 8. 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. |