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A BILL TO BE ENTITLED
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AN ACT
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relating to formation, funding, and support of and the |
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applicability of certain laws to charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 12.052, Education Code, |
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is amended to read as follows: |
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Sec. 12.052. PETITION DRIVEN AUTHORIZATION. |
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SECTION 2. Section 12.052(a), Education Code, is amended to |
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read as follows: |
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(a) In accordance with this subchapter, the board of |
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trustees of a school district or the governing body of a home-rule |
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school district shall grant or deny, through a public vote of the |
|
board of trustees or governing body, a charter to parents and |
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teachers for a campus, two or more campuses, or a program on a |
|
campus if the board is presented with a petition signed by: |
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(1) the parents of a majority of the students at the |
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[that] school campus or at each campus, as applicable; and |
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(2) a majority of the classroom teachers at the [that] |
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school campus or at each campus, as applicable. |
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SECTION 3. The heading to Section 12.0521, Education Code, |
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is amended to read as follows: |
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Sec. 12.0521. DISTRICT CHARTER [ALTERNATIVE] |
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AUTHORIZATION. |
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SECTION 4. Section 12.0521, Education Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (d), (e), |
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and (f) to read as follows: |
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(a) Notwithstanding Section 12.052, in accordance with this |
|
subchapter and in the manner provided by this section, the board of |
|
trustees of a school district or the governing body of a home-rule |
|
school district may grant a charter for: |
|
(1) a new district campus; [or] |
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(2) a program that is operated: |
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(A) by an entity that has entered into a contract |
|
with the district under Section 11.157 to provide educational |
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services to the district through the campus or program; and |
|
(B) at a facility located in the boundaries of |
|
the district; or |
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(3) an existing district campus. |
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(b) A student's parent or guardian may choose to enroll the |
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student at a campus or in a program under this section. A school |
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district may not assign a student to a campus or program under this |
|
section unless the student's parent or guardian has voluntarily |
|
enrolled the student at the campus or in the program. A student's |
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parent or guardian may, at any time, remove the student from a |
|
campus or program under this section and enroll the student at the |
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campus to which the student would ordinarily be assigned. If the |
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campus to which the student would ordinarily be assigned is also a |
|
campus operated under a charter, the student's parent or guardian |
|
may enroll the student at another available campus in the district |
|
that is appropriate for the student's grade and is not operated |
|
under a charter. |
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(d) A district charter may be granted to a campus, |
|
regardless of the performance rating under Subchapter C, Chapter |
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39, assigned to that campus in the previous school year. |
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(e) A charter granted under this section is not considered |
|
for purposes of the limit on the number of charters for |
|
open-enrollment charter schools imposed by Section 12.101. |
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(f) The commissioner may adopt rules as necessary for the |
|
administration of this section. |
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SECTION 5. Section 12.0531, Education Code, is amended to |
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read as follows: |
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Sec. 12.0531. PERFORMANCE CONTRACT; DURATION OF CHARTER. |
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(a) If a charter is granted under this subchapter, the board of |
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trustees of the school district that granted the charter shall |
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enter into a performance contract with the principal or equivalent |
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chief operating officer of the campus or program. The performance |
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contract must specify enhanced authority granted to the principal |
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or equivalent officer in order to achieve the academic goals that |
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must be met by campus or program students. A charter granted under |
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this subchapter expires 10 years from the date the charter is |
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granted unless the specified goals are substantially met, as |
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determined by the board of trustees of the school district that |
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granted the charter. |
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(b) A charter granted pursuant to a contract between a |
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school district and an entity granted a charter under this |
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subchapter as authorized by Section 11.174(a)(2) must be granted to |
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a school district campus for a term of not less than three years. |
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The term of the charter may be shortened by an action authorized |
|
under Chapter 39A, except for the charter granted to a campus |
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against which the commissioner may not impose a sanction or take |
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action pursuant to Section 11.174(f). A charter described by this |
|
subsection may be placed on probation or revoked in accordance with |
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Section 12.064. |
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SECTION 6. Section 12.056(b), Education Code, as amended by |
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Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B. 1365), |
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Acts of the 87th Legislature, Regular Session, 2021, is reenacted |
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and amended to read as follows: |
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(b) A campus or program for which a charter is granted under |
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this subchapter is subject to Sections 12.104(b), (b-2), and (b-3), |
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and Sections 12.104(b-1), (b-4), and (c) apply to the campus or |
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program, as if the campus or program is an open-enrollment charter |
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school [: |
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[(1) a provision of this title establishing a criminal |
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offense; and |
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[(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
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[(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
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[(B) criminal history records under Subchapter |
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C, Chapter 22; |
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[(C) high school graduation under Section |
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28.025; |
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[(D) special education programs under Subchapter |
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A, Chapter 29; |
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[(E) bilingual education under Subchapter B, |
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Chapter 29; |
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[(F) prekindergarten programs under Subchapter |
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E, Chapter 29, except class size limits for prekindergarten classes |
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imposed under Section 25.112, which do not apply; |
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[(G) extracurricular activities under Section |
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33.081; |
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[(H) health and safety under Chapter 38; |
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[(I) the provisions of Subchapter A, Chapter 39; |
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[(J) public school accountability and special |
|
investigations under Subchapters A, B, C, D, F, and J, Chapter 39, |
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and Chapter 39A; |
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[(K) the duty to discharge or refuse to hire |
|
certain employees or applicants for employment under Section |
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12.1059; and |
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[(K) parental options to retain a student under |
|
Section 28.02124]. |
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SECTION 7. Section 12.057(c), Education Code, is amended to |
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read as follows: |
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(c) A campus or program granted a charter under Section |
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12.052 or [,] 12.0521(a)(1)[, or 12.053] is immune from liability |
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to the same extent as a school district, and its employees and |
|
volunteers are immune from liability to the same extent as school |
|
district employees and volunteers. |
|
SECTION 8. Section 12.062, Education Code, is amended to |
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read as follows: |
|
Sec. 12.062. REVISION. (a) A charter granted under Section |
|
12.052 [or 12.053] may be revised: |
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(1) with the approval of the board of trustees that |
|
granted the charter; and |
|
(2) on a petition signed by a majority of the parents |
|
and a majority of the classroom teachers at the campus, at each |
|
campus, or in the program, as applicable. |
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(b) A charter granted under Section 12.0521 may be revised |
|
with the approval of the board of trustees that granted the charter, |
|
and if applicable, the approval of the board of trustees or chief |
|
operating officer of the partnering school district, campus, or |
|
program. [A charter may be revised under this subsection only |
|
before the first day of instruction of a school year or after the |
|
final day of instruction of a school year.] |
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SECTION 9. Section 12.063, Education Code, is amended to |
|
read as follows: |
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Sec. 12.063. BASIS FOR PLACEMENT ON PROBATION OR |
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REVOCATION. (a) A board of trustees may place on probation or |
|
revoke a charter it grants if the board determines that the campus, |
|
campuses, or program: |
|
(1) committed a material violation of the charter, |
|
including by failure to comply with the duty to discharge or refuse |
|
to hire certain employees or applicants for employment, as provided |
|
by Section 12.0631; |
|
(2) failed to satisfy generally accepted accounting |
|
standards of fiscal management; or |
|
(3) failed to comply with this subchapter, another |
|
law, or a state agency rule. |
|
(b) The action the board takes under Subsection (a) shall be |
|
based on the best interest of campus or program students, the |
|
severity of the violation, and any previous violation the campus, |
|
campuses, or program has committed. |
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SECTION 10. Section 12.064(b), Education Code, is amended |
|
to read as follows: |
|
(b) The procedure adopted under Subsection (a) must provide |
|
an opportunity for a hearing to the campus or program for which a |
|
charter is granted under this subchapter and to parents and |
|
guardians of students at the campus or in the program. A hearing |
|
under this subsection must be held on a charter [the] campus or on |
|
the campus operating the [one of the campuses in the case of a |
|
cooperative] charter program. |
|
SECTION 11. Section 12.065, Education Code, is amended by |
|
amending Subsection (a) and adding Subsection (c) to read as |
|
follows: |
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(a) Except as provided by Subsection (c), eligibility |
|
[Eligibility] criteria for admission of students to the campus or |
|
program for which a charter is granted under this subchapter must |
|
give priority on the basis of geographic and residency |
|
considerations. After priority is given on those bases, secondary |
|
consideration may be given to a student's age, grade level, or |
|
academic credentials in general or in a specific area, as necessary |
|
for the type of program offered. |
|
(c) A campus or program may enter into an agreement with and |
|
provide for enrollment preferences to children of employees of a |
|
business and industry partner in the same manner as an |
|
open-enrollment charter school under Section 12.117(e) if the |
|
business and industry partner provides donations described by |
|
Section 12.117(g) to the campus or program in an amount equal to at |
|
least 50 percent of the funds the campus or program is annually |
|
entitled to under Section 12.106. |
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SECTION 12. Section 12.101(b-0), Education Code, is amended |
|
to read as follows: |
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(b-0) The commissioner shall notify the State Board of |
|
Education of each charter the commissioner proposes to grant under |
|
this subchapter. Unless, before the 90th day after the date on |
|
which the board receives the notice from the commissioner, |
|
two-thirds [a majority] of the members of the board [present and |
|
voting] vote against the grant of that charter, the commissioner's |
|
proposal to grant the charter takes effect. The board may not |
|
deliberate or vote on any grant of a charter that is not proposed by |
|
the commissioner. |
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SECTION 13. Section 12.1058, Education Code, is amended by |
|
amending Subsection (c) and adding Subsections (d), (d-1), (d-2), |
|
and (d-3) to read as follows: |
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(c) Notwithstanding Subsection (a) or (b), an |
|
open-enrollment charter school operated by a tax exempt entity as |
|
described by Section 12.101(a)(3) is not considered to be a |
|
political subdivision, local government, or local governmental |
|
entity unless: |
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(1) a [the applicable] statute specifically states |
|
that the statute applies to an open-enrollment charter school; or |
|
(2) a provision in this chapter states that a specific |
|
statute applies to an open-enrollment charter school. |
|
(d) A political subdivision other than a school district |
|
shall consider an open-enrollment charter school a school district |
|
for purposes of zoning, project permitting, platting and replatting |
|
processes, business licensing, franchises, utility services, |
|
eminent domain, signage, subdivision regulation, property |
|
development projects, the requirements for posting bonds or |
|
securities, contract requirements, land development standards as |
|
provided by Section 212.902, Local Government Code, tree and |
|
vegetation regulations, regulations of architectural features of a |
|
structure, construction of fences, landscaping, garbage disposal, |
|
noise levels, fees or other assessments, and construction or site |
|
development work. An open-enrollment charter school does not have |
|
the power of eminent domain. |
|
(d-1) A political subdivision other than a school district |
|
may not take any action that prohibits an open-enrollment charter |
|
school from operating a public school campus, educational support |
|
facility, athletic facility, or administrative office within the |
|
political subdivision's jurisdiction or on any specific property |
|
located within the jurisdiction of the political subdivision that |
|
it could not take against a school district. A political |
|
subdivision other than a school district shall grant approval in |
|
the same manner and follow the same timelines as if the charter |
|
school were a school district located in that political |
|
subdivision's jurisdiction. |
|
(d-2) This section applies to both owned and leased property |
|
of the open-enrollment charter school under Section 12.128. |
|
(d-3) Except as provided by this section, this section does |
|
not affect the authority granted by state law to a political |
|
subdivision to regulate an open-enrollment charter school |
|
regarding health and safety ordinances. |
|
SECTION 14. Sections 12.106(a) and (i), Education Code, are |
|
amended to read as follows: |
|
(a) A charter holder is entitled to receive for the |
|
open-enrollment charter school funding under Chapter 48 equal to |
|
the amount of funding per student in weighted average daily |
|
attendance to which the charter holder would be entitled for the |
|
school under Chapter 48 if the school were a school district without |
|
a tier one local share for purposes of Section 48.266, excluding: |
|
(1) the adjustment under Section 48.052; |
|
(2) [,] the funding under Sections 48.101 and [, |
|
48.110,] 48.111; [,] and |
|
(3) [48.112, and] enrichment funding under Section |
|
48.202(a)[, to which the charter holder would be entitled for the |
|
school under Chapter 48 if the school were a school district without |
|
a tier one local share for purposes of Section 48.266]. |
|
(i) The agency may approve a transfer of a charter holder's |
|
remaining funds to another charter holder, a school district |
|
operating a charter school under Subchapter C, or a public junior or |
|
senior college operating a charter school under Subchapter E if the |
|
entity [charter holder] receiving the funds has not received notice |
|
of the expiration or revocation of the entity's [the charter |
|
holder's] charter [for an open-enrollment charter school] or notice |
|
of a reconstitution of the governing body of the charter holder |
|
under Section 12.1141 or 12.115 and satisfies any other |
|
qualification provided by a rule adopted by the commissioner under |
|
Subsection (j). |
|
SECTION 15. Section 12.110(d), Education Code, is amended |
|
to read as follows: |
|
(d) The commissioner shall approve or deny an application |
|
based on: |
|
(1) documented evidence collected through the |
|
application review process; |
|
(2) merit; and |
|
(3) other criteria as adopted by the commissioner, |
|
which must include: |
|
(A) criteria relating to the capability of the |
|
applicant to carry out the responsibilities provided by the charter |
|
and the likelihood that the applicant will operate a school of high |
|
quality; and |
|
(B) criteria relating to improving student |
|
performance and encouraging innovative programs[; and |
|
[(C) a statement from any school district whose |
|
enrollment is likely to be affected by the open-enrollment charter |
|
school, including information relating to any financial difficulty |
|
that a loss in enrollment may have on the district]. |
|
SECTION 16. Section 12.1101, Education Code, is amended to |
|
read as follows: |
|
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR |
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ESTABLISHMENT OF CAMPUS. (a) 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 submitted 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. |
|
(b) The commissioner by rule shall adopt a procedure for |
|
providing notice of the approval of an expansion amendment under |
|
Section 12.114 to the superintendent and the board of trustees of |
|
each school district from which a new campus or the expansion of an |
|
existing campus proposed by the expansion amendment is likely to |
|
draw students, as determined by the commissioner. |
|
SECTION 17. Section 12.114(d), Education Code, is amended |
|
to read as follows: |
|
(d) A charter holder may submit a request for approval for |
|
an expansion amendment up to 36 [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 18. The heading to Section 12.117, Education Code, |
|
is amended to read as follows: |
|
Sec. 12.117. ADMISSION; SUPPORT BY BUSINESS AND INDUSTRY |
|
PARTNER. |
|
SECTION 19. Section 12.117, Education Code, is amended by |
|
amending Subsections (a) and (d) and adding Subsections (e), (f), |
|
and (g) to read as follows: |
|
(a) For admission to an open-enrollment charter school, the |
|
governing body of the school shall: |
|
(1) require the applicant to complete and submit the |
|
common admission application form described by Section 12.1173 not |
|
later than a reasonable deadline the school establishes; and |
|
(2) on receipt of more acceptable applications for |
|
admission under this section than available positions in the |
|
school: |
|
(A) prioritize admitting: |
|
(i) a child who attended the school the |
|
previous year; |
|
(ii) a child who is a sibling of a student |
|
admitted to the school; or |
|
(iii) subject to Subsection (e), the child |
|
of a permanent employee of a business and industry partner under |
|
that subsection, if applicable; and |
|
(B) after admitting any eligible applicant |
|
described by Paragraph (A): |
|
(i) fill the remaining available positions |
|
by lottery; or |
|
(ii) [(B)] subject to Subsection (b), fill |
|
the remaining available positions in the order in which |
|
applications received before the application deadline were |
|
received. |
|
(d) Notwithstanding Section 12.111(a)(13), an |
|
open-enrollment charter school may admit a child of an employee or |
|
business and industry partner of the school as provided by this |
|
section regardless of whether the child resides in the geographic |
|
area served by the school. |
|
(e) An open-enrollment charter school may establish a |
|
partnership with a business and industry partner for the support of |
|
the school or a campus of the school by entering into a memorandum |
|
of understanding described by Subsection (f) with that partner. |
|
The memorandum of understanding under Subsection (f) must establish |
|
the maximum enrollment that may be reserved for children of |
|
permanent employees of the business and industry partner, which may |
|
not be more than 50 percent of the total enrollment capacity of the |
|
school or campus supported by the business and industry partner. |
|
The school or campus may not, and a memorandum of understanding |
|
entered into under Subsection (f) may not authorize or require the |
|
school or campus to, unenroll a student who is enrolled at the |
|
school in a school year or refuse to reenroll a student who was |
|
enrolled at the school during the previous school year to create an |
|
available position for the enrollment of a child of a partner |
|
employee. |
|
(f) A memorandum of understanding between an |
|
open-enrollment charter school and a business and industry partner |
|
must specify the methods by which the business and industry partner |
|
will support the charter school. Support provided by a business and |
|
industry partner: |
|
(1) must include a donation of funds or services under |
|
Subdivision (2) equal to a value of at least 50 percent of the funds |
|
the school campus is entitled to annually under Section 12.106; and |
|
(2) may include: |
|
(A) internships; |
|
(B) career counseling; |
|
(C) academic tutoring; and |
|
(D) enrichment activities. |
|
(g) The commissioner shall adopt rules as necessary to |
|
implement Subsections (e) and (f), including rules for |
|
qualification as a business and industry partner. The rules must |
|
permit a business and industry partner to be a corporation, limited |
|
liability company, partnership, or other private or public entity. |
|
In adopting rules regarding required donations to qualify as a |
|
business and industry partner, the commissioner shall consider the |
|
following types of donations as permissible: |
|
(1) real property on which the school or school campus |
|
is built; |
|
(2) a building or space used by the school or campus at |
|
no cost; |
|
(3) funds, materials, or labor for renovations to |
|
existing school or campus buildings; and |
|
(4) capital improvements to the school or campus, |
|
including investments in technology. |
|
SECTION 20. Section 12.1284(a), Education Code, is amended |
|
to read as follows: |
|
(a) After extinguishing all payable obligations owed by an |
|
open-enrollment charter school that ceases to operate, including a |
|
debt described by Section 12.128(e), a former charter holder shall: |
|
(1) remit to the agency: |
|
(A) any remaining funds described by Section |
|
12.106(h); and |
|
(B) any state reimbursement amounts from the sale |
|
of property described by Section 12.128; or |
|
(2) transfer the remaining funds to another charter |
|
holder, a school district operating a charter school under |
|
Subchapter C, or a public junior or public senior college operating |
|
a charter school under Subchapter E, as provided by [under] Section |
|
12.106(i). |
|
SECTION 21. Section 12.141(a), Education Code, is amended |
|
to read as follows: |
|
(a) The agency shall deposit funds received under Sections |
|
12.106, 12.128, 12.1281, 12.1283, and 12.1284 into the charter |
|
school liquidation fund and may use the funds to: |
|
(1) pay expenses relating to managing and closing an |
|
open-enrollment charter school that ceases to operate, including: |
|
(A) maintenance of the school's student and other |
|
records; [and] |
|
(B) the agency's personnel costs associated with |
|
managing and closing the school; and |
|
(C) the agency's costs in conducting a special |
|
investigation of an open-enrollment charter school under Section |
|
39.004; |
|
(2) dispose of property described by Section 12.128; |
|
and |
|
(3) maintain property described by Section 12.128, |
|
including expenses for insurance, utilities, maintenance, and |
|
repairs. |
|
SECTION 22. Section 29.171, Education Code, is amended by |
|
adding Subsection (d) to read as follows: |
|
(d) A school district or open-enrollment charter school |
|
that partners with a private prekindergarten program may use a |
|
facility or location for the program if the facility or location |
|
complies with any municipal ordinance applicable to the operation |
|
of a private prekindergarten program, if any have been adopted by |
|
the municipality in which the facility or location is located. |
|
SECTION 23. Section 39A.105(a), Education Code, is amended |
|
to read as follows: |
|
(a) A campus turnaround plan must include: |
|
(1) details on the method for restructuring, |
|
reforming, or reconstituting the campus; |
|
(2) a detailed description of the academic programs to |
|
be offered at the campus, including: |
|
(A) instructional methods; |
|
(B) length of school day and school year; |
|
(C) academic credit and promotion criteria; and |
|
(D) programs to serve special student |
|
populations; |
|
(3) if a district charter is to be granted for the |
|
campus under Section 12.0521 [12.0522]: |
|
(A) the term of the charter; and |
|
(B) information on the implementation of the |
|
charter; |
|
(4) written comments from: |
|
(A) the campus-level committee established under |
|
Section 11.251, if applicable; |
|
(B) parents; and |
|
(C) teachers at the campus; and |
|
(5) a detailed description of the budget, staffing, |
|
and financial resources required to implement the plan, including |
|
any supplemental resources to be provided by the school district or |
|
other identified sources. |
|
SECTION 24. Subchapter A, Chapter 48, Education Code, is |
|
amended by adding Section 48.012 to read as follows: |
|
Sec. 48.012. ENROLLMENT TRANSPARENCY REPORT. The agency |
|
shall annually prepare and publish a report indicating the amount |
|
of local revenue in excess of entitlement that each school district |
|
would have received if each student in the attendance zone of the |
|
district who was enrolled during the school year in an |
|
open-enrollment charter school or in a different school district |
|
had instead enrolled in that district. |
|
SECTION 25. Section 212.001, Local Government Code, is |
|
amended by adding Subdivision (1-a) to read as follows: |
|
(1-a) "Open-enrollment charter school" means a school |
|
granted a charter under Subchapter C, D, or E, Chapter 12, Education |
|
Code. |
|
SECTION 26. Section 212.902, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 212.902. SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER |
|
SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an |
|
agreement [agreements] between a school district or |
|
open-enrollment charter school [districts] and a [any] |
|
municipality which has annexed territory for limited purposes. |
|
(b) On request by a school district or open-enrollment |
|
charter school, a municipality shall enter an agreement with the |
|
board of trustees of the school district or the governing body of |
|
the open-enrollment charter school to establish review fees, review |
|
periods, and land development standards ordinances and to provide |
|
alternative water pollution control methodologies for school |
|
buildings constructed by the school district or open-enrollment |
|
charter school. The agreement shall include a provision exempting |
|
the district or charter school from all land development ordinances |
|
in cases where the district or charter school is adding temporary |
|
classroom buildings on an existing school campus. |
|
(c) If the municipality and the school district or |
|
open-enrollment charter school do not reach an agreement on or |
|
before the 120th day after the date on which the municipality |
|
receives the district's or charter school's request for an |
|
agreement, proposed agreements by the [school] district or charter |
|
school and the municipality shall be submitted to an independent |
|
arbitrator appointed by the presiding district judge whose |
|
jurisdiction includes the [school] district or charter school. The |
|
arbitrator shall, after a hearing at which both the [school] |
|
district or charter school and the municipality make presentations |
|
on their proposed agreements, prepare an agreement resolving any |
|
differences between the proposals. The agreement prepared by the |
|
arbitrator will be final and binding upon both the [school] |
|
district or charter school and the municipality. The cost of the |
|
arbitration proceeding shall be borne equally by the [school] |
|
district or charter school and the municipality. |
|
(d) A school district or open-enrollment charter school |
|
that requests an agreement under this section, at the time the |
|
district or charter school [it] makes the request, shall send a copy |
|
of the request to the commissioner of education. At the end of the |
|
120-day period, the requesting district or charter school shall |
|
report to the commissioner the status or result of negotiations |
|
with the municipality. A municipality may send a separate status |
|
report to the commissioner. The district or charter school shall |
|
send to the commissioner a copy of each agreement between the |
|
district or charter school and a municipality under this section. |
|
(e) In this section, "land development standards" includes |
|
impervious cover limitations, building setbacks, floor to area |
|
ratios, building heights and coverage, water quality controls, |
|
landscaping, development setbacks, compatibility standards, |
|
traffic analyses including traffic impact analyses, vehicle |
|
queuing, parking requirements, signage requirements, and driveway |
|
cuts, if applicable. |
|
(f) Nothing in this section shall be construed to limit the |
|
applicability of or waive fees for fire, safety, health, or |
|
building code ordinances of the municipality prior to or during |
|
construction of school buildings, nor shall any agreement waive any |
|
fee or modify any ordinance of a municipality for an |
|
administration, service, or athletic facility proposed for |
|
construction by a school district or open-enrollment charter |
|
school. |
|
SECTION 27. Section 552.053, Local Government Code, is |
|
amended by amending Subsection (b) and adding Subsections (b-1) and |
|
(b-2) to read as follows: |
|
(b) The following may be exempt: |
|
(1) this state; |
|
(2) a county; |
|
(3) a municipality; or |
|
(4) [a] school districts and open-enrollment charter |
|
schools [district]. |
|
(b-1) For purposes of an exemption granted under Subsection |
|
(b)(4), the exemption must be granted to both school districts and |
|
open-enrollment charter schools. |
|
(b-2) For purposes of this section, "open-enrollment |
|
charter school" means a school granted a charter under Subchapter D |
|
or E, Chapter 12, Education Code. |
|
SECTION 28. The following provisions of the Education Code |
|
are repealed: |
|
(1) Section 12.0522; |
|
(2) Section 12.053; |
|
(3) Section 12.0532; |
|
(4) Section 12.103(c); |
|
(5) Section 12.106(a-4); and |
|
(6) Section 39A.107(b). |
|
SECTION 29. An exemption granted to a school district under |
|
Section 552.053(b)(4), Local Government Code, as that section |
|
existed before the effective date of this Act, automatically |
|
extends to all open-enrollment charter schools located in the |
|
municipality after the effective date of this Act unless the |
|
municipality repeals the exemption before the effective date of |
|
this Act. |
|
SECTION 30. To the extent of any conflict, this Act prevails |
|
over another Act of the 88th Legislature, Regular Session, 2023, |
|
relating to nonsubstantive additions to and corrections in enacted |
|
codes. |
|
SECTION 31. This Act applies beginning with the 2023-2024 |
|
school year. |
|
SECTION 32. 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, 2023. |