87R3393 CAE-D

By: González of El Paso H.B. No. 944

A BILL TO BE ENTITLED

AN ACT

relating to requiring State Board of Education approval for the expansion of an open-enrollment charter school.

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

SECTION 1. Section 12.1012, Education Code, is amended by adding Subdivision (1-a) to read as follows:

(1-a) "Expansion amendment" means an amendment to the charter of an open-enrollment charter school that permits the school to:

(A) increase its maximum allowable enrollment;

(B) extend the grade levels it serves;

(C) add a campus or site; or

(D) change its geographic boundaries.

SECTION 2. Section 12.1101, Education Code, is amended to read as follows:

Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [OR ESTABLISHMENT OF CAMPUS]. The commissioner by rule shall adopt a procedure for providing notice to the following persons on receipt by the commissioner of an application for a charter for an open-enrollment charter school under Section 12.110 [or of notice of the establishment of a campus as authorized under Section 12.101(b-4)]:

(1) the superintendent and the board of trustees of each school district from which the proposed open-enrollment charter school [or campus] is likely to draw students, as determined by the commissioner; and

(2) each member of the legislature that represents the geographic area to be served by the proposed school [or campus], as determined by the commissioner.

SECTION 3. Section 12.114, Education Code, is amended to read as follows:

Sec. 12.114. REVISION OR EXPANSION AMENDMENT. (a) A revision of a charter of an open-enrollment charter school that is not an expansion amendment may be made only with the approval of the State Board of Education [commissioner]. An expansion amendment may be made only with the approval of the board and in the manner provided by this section.

(b) Not more than once each year, an open-enrollment charter school may request approval of an expansion amendment [to revise the maximum student enrollment described by the school's charter].

(c) A [Not later than the 60th day after the date that a charter holder submits to the commissioner a completed] request for approval for an expansion amendment must include the following information:

(1) if increasing the student enrollment, the necessity for expansion of the charter school;

(2) if extending the grade levels, the necessity to extend the grade levels;

(3) the history of the charter school's accountability under Subchapters B, C, D, F, and G, Chapter 39, and under Chapter 39A during the previous five school years; and

(4) a fiscal note estimating the additional cost to the state for the expansion of the charter school [, as defined by commissioner rule, including a new school amendment, the commissioner shall provide to the charter holder written notice of approval or disapproval of the amendment].

(d) The State Board of Education may not approve the expansion of an open-enrollment charter school if the school has not received an overall performance rating under Section 39.054 of A or B for 90 percent of the ratings issued to the school for the past five school years.

(e) A charter holder shall [may] submit the [a] request for approval for an expansion amendment in the time, manner, and form required by the State Board of Education [up to 18 months before the date on which the expansion will be effective]. A request for approval of an expansion amendment does not obligate the charter holder to complete the proposed expansion.

SECTION 4. Sections 12.101(b-4) and (b-10), Education Code, are repealed.

SECTION 5. Section 12.114, Education Code, as amended by this Act, applies only to a request for approval for an expansion amendment submitted on or after the effective date of this Act.

SECTION 6. 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, 2021.