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A BILL TO BE ENTITLED
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AN ACT
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relating to applications for the establishment of certain new |
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open-enrollment charter school campuses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.101(b-4), Education Code, is amended |
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to read as follows: |
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(b-4) Notwithstanding Section 12.114, approval of the |
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commissioner under that section is not required for establishment |
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of a new open-enrollment charter school campus if the requirements |
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of this subsection are satisfied. This subsection does not apply to |
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the establishment of a new open-enrollment charter school campus |
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for which an application is required to be submitted under Section |
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12.1142. A charter holder having an accreditation status of |
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accredited and at least 50 percent of its student population in |
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grades assessed under Subchapter B, Chapter 39, or at least 50 |
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percent of the students in the grades assessed having been enrolled |
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in the school for at least three school years may establish one or |
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more new campuses under an existing charter held by the charter |
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holder if: |
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(1) the charter holder is currently evaluated under |
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the standard accountability procedures for evaluation under |
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Chapter 39 and received a district rating in the highest or second |
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highest performance rating category under Subchapter C, Chapter 39, |
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for three of the last five years with at least 75 percent of the |
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campuses rated under the charter also receiving a rating in the |
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highest or second highest performance rating category and with no |
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campus with a rating in the lowest performance rating category in |
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the most recent ratings; |
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(2) the charter holder provides written notice to the |
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commissioner of the establishment of any campus under this |
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subsection in the time, manner, and form provided by rule of the |
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commissioner; and |
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(3) not later than the 60th day after the date the |
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charter holder provides written notice under Subdivision (2), the |
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commissioner does not provide written notice to the charter holder |
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that the commissioner has determined that the charter holder does |
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not satisfy the requirements of this section. |
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SECTION 2. 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), or an application for the establishment of a campus |
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under Section 12.1142: |
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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 determined |
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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 3. Section 12.114, Education Code, is amended by |
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amending Subsection (c) and adding Subsection (c-1) to read as |
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follows: |
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(c) Subject to Subsection (c-1), not [Not] later than the |
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60th day after the date that a charter holder submits to the |
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commissioner a completed request for approval for an expansion |
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amendment, as defined by commissioner rule, including a new school |
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amendment, the commissioner shall provide to the charter holder |
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written notice of approval or disapproval of the amendment. |
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(c-1) This section does not apply to an application for the |
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establishment of a new open-enrollment charter school campus |
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required to be submitted to the commissioner under Section 12.1142. |
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SECTION 4. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1142 to read as follows: |
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Sec. 12.1142. APPLICATION FOR ESTABLISHMENT OF CERTAIN NEW |
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OPEN-ENROLLMENT CHARTER SCHOOL CAMPUSES. (a) A charter holder |
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that seeks to establish a new open-enrollment charter school campus |
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in the attendance zone of a school district in which the charter |
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holder does not currently operate a campus must submit to the |
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commissioner an application to establish the campus as provided by |
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this section. The application may be submitted up to 18 months |
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before the date on which the campus is anticipated to open. |
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(b) The commissioner shall notify the State Board of |
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Education of each application the commissioner proposes to approve |
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under this section. Unless, before the 90th day after the date on |
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which the board receives the notice from the commissioner, a |
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majority of the members of the board present and voting vote against |
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the approval of the application, the application is approved. |
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SECTION 5. The changes in law made by this Act apply |
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beginning with the establishment of a new open-enrollment charter |
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school campus described by Section 12.1142, Education Code, as |
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added by this Act, that is anticipated to open for the 2025-2026 |
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school year. |
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SECTION 6. This Act takes effect September 1, 2023. |