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A BILL TO BE ENTITLED
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AN ACT
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relating to the requirements for a request for the revision of a |
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charter for an open-enrollment charter school. |
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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]. The commissioner by rule shall adopt a |
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procedure for providing notice to the following persons on receipt |
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by the commissioner of 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)]: |
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(1) the superintendent and the board of trustees of |
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each school district from which the proposed open-enrollment |
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charter school [or campus] is likely to draw students, as |
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determined by the commissioner; and |
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(2) each member of the legislature that represents the |
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geographic area to be served by the proposed school [or campus], as |
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determined by the commissioner. |
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SECTION 2. Section 12.114, Education Code, is amended to |
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read as follows: |
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Sec. 12.114. REVISION. (a) A revision of a charter of an |
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open-enrollment charter school that is not an expansion revision |
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may be made only with the approval of the commissioner. An |
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expansion revision, as defined by commissioner rule, may be made |
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only in the manner provided by this section. |
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(b) Not more than once during each biennium [each year], an |
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open-enrollment charter school may request approval of an expansion |
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amendment to: |
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(1) increase [to revise] the maximum allowable student |
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enrollment described by the school's charter; |
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(2) add a new campus or site; |
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(3) extend the grade levels described by the school's |
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charter; or |
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(4) expand the geographic boundaries described by the |
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school's charter. |
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(c) A [Not later than the 60th day after the date that a] |
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charter holder shall submit [submits] to the commissioner a |
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completed request for approval for an expansion amendment that |
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identifies the zip code of any new campus or site and each school |
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district from which the charter school intends to enroll additional |
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students and that estimates, in the manner provided by commissioner |
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rule, the additional cost to the state. The commissioner shall |
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publicly post the request for approval for an expansion amendment |
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not later than the 10th business day after the date the charter |
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holder submits the request. |
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(d) The commissioner shall thoroughly review a request for |
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approval for an expansion amendment and, for each expansion |
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amendment the commissioner proposes to approve, report to the State |
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Board of Education: |
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(1) whether during the five years preceding the date |
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of the request the charter holder and open-enrollment charter |
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school have complied with every financial, governing, educational, |
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and operational standard adopted by the commissioner and specify in |
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detail each element of noncompliance; |
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(2) whether the open-enrollment charter school serves |
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the state average of students eligible to receive services under |
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Subchapter A, Chapter 29, or students of limited English |
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proficiency and whether each campus of the charter school serves |
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and is staffed to serve a percentage of those students proportional |
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to each school district campus within a three-mile radius of the |
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campus; |
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(3) the potential revenue loss for each affected |
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school district for the next 10 years under the proposed expansion; |
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and |
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(4) the additional estimated cost to the state for the |
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next 10 years under the proposed expansion amendment. |
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(e) Unless, before the 90th day after the date on which the |
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State Board of Education receives the notice from the commissioner, |
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a majority of the members of the board present and voting vote |
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against the expansion amendment, the commissioner's proposal to |
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approve the expansion amendment takes effect. |
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(f) The commissioner shall include in the agency's budget |
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request submitted to the Legislative Budget Board and the budget |
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division of the governor's office a specific item that details the |
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additional cost to the state, as estimated under Subsection (d)(4), |
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for each approved expansion amendment. |
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(g) The [, as defined by commissioner rule, including a new |
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school amendment, the] commissioner shall provide to the charter |
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holder written notice of approval or disapproval of an expansion |
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[the] amendment requested under this section. |
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(h) [(d)] A charter holder may submit a request for approval |
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for an expansion amendment up to 18 months before the date on which |
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the expansion will be effective. A request for approval of an |
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expansion amendment does not obligate the charter holder to |
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complete the proposed expansion. |
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SECTION 3. Sections 12.101(b-4) and (b-10), Education Code, |
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are repealed. |
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SECTION 4. The changes in law made by this Act apply only to |
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a request for approval of a revision to the charter of an |
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open-enrollment charter school submitted on or after the effective |
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date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |