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A BILL TO BE ENTITLED
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AN ACT
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relating to an application for the establishment of a new |
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open-enrollment charter school campus or site. |
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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 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) Not later than the 60th day after the date that a charter |
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holder submits to the commissioner a completed request for approval |
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for an expansion amendment, as defined by commissioner rule, |
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[including a new school amendment,] the commissioner shall provide |
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to the charter holder written notice of approval or disapproval of |
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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 or |
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site under Section 12.1142. |
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SECTION 3. 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 NEW |
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OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE. (a) A charter |
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holder may submit to the commissioner an application to establish a |
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new open-enrollment charter school campus or site as provided by |
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this section. The application must include the zip code of the |
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proposed campus or site. |
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(b) As soon as practicable after an application for a new |
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campus or site is submitted, the agency shall prepare a report that |
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includes a fiscal note estimating the total cost to the state and |
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the potential revenue loss for each affected school district for |
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the 10-year period following the establishment of the proposed |
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campus or site. |
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(c) The commissioner shall post to the agency's Internet |
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website each application received under this section along with the |
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report prepared under Subsection (b) for that application and shall |
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provide notice of each application and a copy of the report to: |
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(1) the superintendent and the board of trustees of |
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each school district from which the proposed campus or site is |
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likely to draw students, as 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 campus or site, as |
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determined by the commissioner. |
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(d) Not sooner than 60 days after notice of an application |
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and a report prepared for that application are posted to the |
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agency's Internet website and provided to the persons listed under |
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Subsection (c), the commissioner shall submit to the State Board of |
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Education any application the commissioner proposes to approve and: |
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(1) the report prepared under Subsection (b); and |
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(2) any impact statements submitted to the |
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commissioner by a school district whose enrollment is likely to be |
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affected by the proposed campus or site. |
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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 an application proposing to |
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establish a new open-enrollment charter school campus or site, a |
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majority of the members of the board present and voting vote against |
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the charter holder's proposal, the application is approved and the |
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charter holder's proposal takes effect. |
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(f) The commissioner shall adopt rules regarding the |
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consideration of applications under this section that: |
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(1) allow a charter holder to submit an application at |
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least 18 months before the date proposed for the establishment of |
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the proposed campus or site; and |
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(2) provide for the consideration and approval or |
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disapproval of each application by the commissioner and the State |
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Board of Education only during even-numbered years. |
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SECTION 4. Sections 12.101(b-4) and (b-10), Education Code, |
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are repealed. |
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SECTION 5. The changes in law made by this Act apply only to |
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an application for the establishment of a new open-enrollment |
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charter school campus or site received by the commissioner of |
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education on or after the effective date of this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |