88R7317 CXP-D

By: Dean H.B. No. 4293

A BILL TO BE ENTITLED

AN ACT

relating to applications for the establishment of certain new open-enrollment charter school campuses.

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

SECTION 1. Section 12.101(b-4), Education Code, is amended to read as follows:

(b-4) Notwithstanding Section 12.114, approval of the commissioner under that section is not required for establishment of a new open-enrollment charter school campus if the requirements of this subsection are satisfied. This subsection does not apply to the establishment of a new open-enrollment charter school campus for which an application is required to be submitted under Section 12.1142. A charter holder having an accreditation status of accredited and at least 50 percent of its student population in grades assessed under Subchapter B, Chapter 39, or at least 50 percent of the students in the grades assessed having been enrolled in the school for at least three school years may establish one or more new campuses under an existing charter held by the charter holder if:

(1) the charter holder is currently evaluated under the standard accountability procedures for evaluation under Chapter 39 and received a district rating in the highest or second highest performance rating category under Subchapter C, Chapter 39, for three of the last five years with at least 75 percent of the campuses rated under the charter also receiving a rating in the highest or second highest performance rating category and with no campus with a rating in the lowest performance rating category in the most recent ratings;

(2) the charter holder provides written notice to the commissioner of the establishment of any campus under this subsection in the time, manner, and form provided by rule of the commissioner; and

(3) not later than the 60th day after the date the charter holder provides written notice under Subdivision (2), the commissioner does not provide written notice to the charter holder that the commissioner has determined that the charter holder does not satisfy the requirements of this section.

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), or an application for the establishment of a campus under Section 12.1142:

(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 by amending Subsection (c) and adding Subsection (c-1) to read as follows:

(c) Subject to Subsection (c-1), not [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, 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.

(c-1) This section does not apply to an application for the establishment of a new open-enrollment charter school campus required to be submitted to the commissioner under Section 12.1142.

SECTION 4. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1142 to read as follows:

Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF CERTAIN NEW OPEN-ENROLLMENT CHARTER SCHOOL CAMPUSES. (a) A charter holder that seeks to establish a new open-enrollment charter school campus in the attendance zone of a school district in which the charter holder does not currently operate a campus must submit to the commissioner an application to establish the campus as provided by this section. The application may be submitted up to 18 months before the date on which the campus is anticipated to open.

(b) The commissioner shall notify the State Board of Education of each application the commissioner proposes to approve under this section. Unless, before the 90th day after the date on which the board receives the notice from the commissioner, a majority of the members of the board present and voting vote against the approval of the application, the application is approved.

SECTION 5. The changes in law made by this Act apply beginning with the establishment of a new open-enrollment charter school campus described by Section 12.1142, Education Code, as added by this Act, that is anticipated to open for the 2025-2026 school year.

SECTION 6. This Act takes effect September 1, 2023.