86R13105 SOS-D

By: West S.B. No. 2426

A BILL TO BE ENTITLED

AN ACT

relating to public school discipline and law and order issues regarding open-enrollment charter schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.104(b), Education Code, as amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts of the 85th Legislature, Regular Session, 2017, is reenacted and amended to read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal offense; and

(2) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A) the Public Education Information Management System (PEIMS) to the extent necessary to monitor compliance with this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C, Chapter 22;

(C) reading instruments and accelerated reading instruction programs under Section 28.006;

(D) accelerated instruction under Section 28.0211;

(E) high school graduation requirements under Section 28.025;

(F) special education programs under Subchapter A, Chapter 29;

(G) bilingual education under Subchapter B, Chapter 29;

(H) prekindergarten programs under Subchapter E or E-1, Chapter 29;

(I) extracurricular activities under Section 33.081;

(J) discipline and law and order [management practices or behavior management techniques] under Chapter 37 [Section 37.0021];

(K) health and safety under Chapter 38;

(L) public school accountability under Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;

(M) the requirement under Section 21.006 to report an educator's misconduct;

(N) intensive programs of instruction under Section 28.0213;

(O) the right of a school employee to report a crime, as provided by Section 37.148; [and]

(P) bullying prevention policies and procedures under Section 37.0832;

(Q) the right of a school under Section 37.0052 to place a student who has engaged in certain bullying behavior in a disciplinary alternative education program or to expel the student; [and]

(R) the right under Section 37.0151 to report to local law enforcement certain conduct constituting assault or harassment; and

(S) [(P)] a parent's right to information regarding the provision of assistance for learning difficulties to the parent's child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d).

SECTION 2. Section 12.111(a), Education Code, is amended to read as follows:

(a) Each charter granted under this subchapter [must]:

(1) must describe the educational program to be offered, which must include the required curriculum as provided by Section 28.002;

(2) must provide that continuation of the charter is contingent on the status of the charter as determined under Section 12.1141 or 12.115 or under Chapter 39A;

(3) must specify the academic, operational, and financial performance expectations by which a school operating under the charter will be evaluated, which must include applicable elements of the performance frameworks adopted under Section 12.1181;

(4) must specify:

(A) any basis, in addition to a basis specified by this subchapter or Chapter 39A, on which the charter may be revoked, renewal of the charter may be denied, or the charter may be allowed to expire; and

(B) the standards for evaluation of a school operating under the charter for purposes of charter renewal, denial of renewal, expiration, revocation, or other intervention in accordance with Section 12.1141 or 12.115 or Chapter 39A, as applicable;

(5) must prohibit discrimination in admission policy on the basis of:

(A) sex;

(B) [,] national origin;

(C) [,] ethnicity;

(D) [,] religion;

(E) [,] disability;

(F) eligibility for special education programs under Subchapter A, Chapter 29, or bilingual education and special language programs under Subchapter B, Chapter 29;

(G) discipline history;

(H) [,] academic, artistic, or athletic ability;[,] or

(I) the district the child would otherwise attend in accordance with this code;

(6) notwithstanding Subdivision (5), [, although the charter] may[:

[(A) provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37; and

[(B)] provide for an admission policy that requires a student to demonstrate artistic ability if the school specializes in performing arts;

(7) must [(6)] specify the grade levels to be offered;

(8) must [(7)] describe the governing structure of the program, including:

(A) the officer positions designated;

(B) the manner in which officers are selected and removed from office;

(C) the manner in which members of the governing body of the school are selected and removed from office;

(D) the manner in which vacancies on that governing body are filled;

(E) the term for which members of that governing body serve; and

(F) whether the terms are to be staggered;

(9) must [(8)] specify the powers or duties of the governing body of the school that the governing body may delegate to an officer;

(10) must [(9)] specify the manner in which the school will distribute to parents information related to the qualifications of each professional employee of the program, including any professional or educational degree held by each employee, a statement of any certification under Subchapter B, Chapter 21, held by each employee, and any relevant experience of each employee;

(11) must [(10)] describe the process by which the person providing the program will adopt an annual budget;

(12) must [(11)] describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by commissioner rule, in the Public Education Information Management System (PEIMS);

(13) must [(12)] describe the facilities to be used;

(14) must [(13)] describe the geographical area served by the program;

(15) must [(14)] specify any type of enrollment criteria to be used;

(16) must [(15)] provide information, as determined by the commissioner, relating to any management company that will provide management services to a school operating under the charter; and

(17) must [(16)] specify that the governing body of an open-enrollment charter school accepts and may not delegate ultimate responsibility for the school, including the school's academic performance and financial and operational viability, and is responsible for overseeing any management company providing management services for the school and for holding the management company accountable for the school's performance.

SECTION 3. Section 12.117, Education Code, is amended by adding Subsection (a-1) to read as follows:

(a-1) An application required under Subsection (a) may not include any questions regarding the applicant's discipline history or whether the applicant is eligible for special education programs under Subchapter A, Chapter 29, or bilingual education and special language programs under Subchapter B, Chapter 29.

SECTION 4. Section 12.119(c), Education Code, is amended to read as follows:

(c) On request, the commissioner shall provide the information required by this section and Section 12.111(a)(8) [12.111(a)(7)] to a member of the public. The commissioner may charge a reasonable fee to cover the commissioner's cost in providing the information.

SECTION 5. Section 37.008(j), Education Code, is amended to read as follows:

(j) If a student placed in a disciplinary alternative education program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The district in which the student enrolls shall inform each educator who will have responsibility for, or will be under the direction and supervision of an educator who will have responsibility for, the instruction of the student of the contents of the placement order. Each educator shall keep the information received under this subsection confidential from any person not entitled to the information under this subsection, except that the educator may share the information with the student's parent or guardian as provided for by state or federal law. The district in which the student enrolls may continue the disciplinary alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement. A district may take any action permitted by this subsection if [:

[(1) the student was placed in a disciplinary alternative education program by an open-enrollment charter school under Section 12.131 and the charter school provides to the district a copy of the placement order; or

[(2)] the student was placed in a disciplinary alternative education program by a school district in another state and:

(1) [(A)] the out-of-state district provides to the district a copy of the placement order; and

(2) [(B)] the grounds for the placement by the out-of-state district are grounds for placement in the district in which the student is enrolling.

SECTION 6. Section 12.131, Education Code, is repealed.

SECTION 7. This Act applies beginning with the 2019-2020 school year.

SECTION 8. To the extent of any conflict, this Act prevails over another Act of the 86th Legislature, Regular Session, 2019, relating to nonsubstantive additions to and corrections in enacted codes.

SECTION 9. 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.