By: Bettencourt  S.B. No. 2117
         (In the Senate - Filed March 7, 2019; March 21, 2019, read
  first time and referred to Committee on Education; April 29, 2019,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 10, Nays 0; April 29, 2019, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2117 By:  Hughes
 
 
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(a) and (i), Education Code, are
  amended to read as follows:
         (a)  A school district campus [qualifies for an exemption
  from intervention as provided by Subsection (f) and] qualifies for
  funding as provided by Section 42.2511 if the board of trustees of
  the district contracts to partner to operate the district campus as
  provided by this section with:
               (1)  the governing body of an open-enrollment charter
  school; or
               (2)  on approval by the commissioner, an entity granted
  a charter by the district under Subchapter C, Chapter 12, that is
  eligible to be awarded a charter under Section 12.101(a).
         (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.  Sections 11.174(f) and (g), Education Code, are
  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.
 
  * * * * *