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A BILL TO BE ENTITLED
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AN ACT
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relating to the admission policy of an open-enrollment charter |
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school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.111, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) Each charter granted under this subchapter must: |
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(1) describe the educational program to be offered, |
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which must include the required curriculum as provided by Section |
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28.002; |
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(2) provide that continuation of the charter is |
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contingent on the status of the charter as determined under Section |
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12.1141 or 12.115 or under Chapter 39A; |
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(3) specify the academic, operational, and financial |
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performance expectations by which a school operating under the |
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charter will be evaluated, which must include applicable elements |
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of the performance frameworks adopted under Section 12.1181; |
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(4) specify: |
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(A) any basis, in addition to a basis specified |
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by this subchapter or Chapter 39A, on which the charter may be |
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revoked, renewal of the charter may be denied, or the charter may be |
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allowed to expire; and |
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(B) the standards for evaluation of a school |
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operating under the charter for purposes of charter renewal, denial |
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of renewal, expiration, revocation, or other intervention in |
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accordance with Section 12.1141 or 12.115 or Chapter 39A, as |
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applicable; |
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(5) prohibit discrimination in admission policy on the |
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basis of sex, national origin, ethnicity, religion, disability, |
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discipline history, academic, artistic, or athletic ability, or the |
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district the child would otherwise attend in accordance with this |
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code, although the charter may: |
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(A) provide for the exclusion of a student who is |
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currently: |
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(i) placed in a disciplinary alternative |
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education program or a juvenile justice alternative education |
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program; or |
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(ii) subject to an order of expulsion from a |
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school district or open-enrollment charter school [has a documented |
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history of a criminal offense, a juvenile court adjudication, or |
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discipline problems under Subchapter A, Chapter 37]; and |
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(B) provide for an admission policy that requires |
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a student to demonstrate artistic ability if the school specializes |
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in performing arts; |
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(6) specify the grade levels to be offered; |
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(7) describe the governing structure of the program, |
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including: |
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(A) the officer positions designated; |
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(B) the manner in which officers are selected and |
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removed from office; |
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(C) the manner in which members of the governing |
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body of the school are selected and removed from office; |
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(D) the manner in which vacancies on that |
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governing body are filled; |
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(E) the term for which members of that governing |
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body serve; and |
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(F) whether the terms are to be staggered; |
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(8) specify the powers or duties of the governing body |
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of the school that the governing body may delegate to an officer; |
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(9) specify the manner in which the school will |
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distribute to parents information related to the qualifications of |
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each professional employee of the program, including any |
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professional or educational degree held by each employee, a |
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statement of any certification under Subchapter B, Chapter 21, held |
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by each employee, and any relevant experience of each employee; |
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(10) describe the process by which the person |
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providing the program will adopt an annual budget; |
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(11) describe the manner in which an annual audit of |
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the financial and programmatic operations of the program is to be |
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conducted, including the manner in which the person providing the |
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program will provide information necessary for the school district |
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in which the program is located to participate, as required by this |
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code or by commissioner rule, in the Public Education Information |
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Management System (PEIMS); |
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(12) describe the facilities to be used; |
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(13) describe the geographical area served by the |
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program; |
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(14) specify any type of enrollment criteria to be |
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used; |
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(15) provide information, as determined by the |
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commissioner, relating to any management company that will provide |
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management services to a school operating under the charter; and |
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(16) specify that the governing body of an |
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open-enrollment charter school accepts and may not delegate |
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ultimate responsibility for the school, including the school's |
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academic performance and financial and operational viability, and |
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is responsible for overseeing any management company providing |
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management services for the school and for holding the management |
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company accountable for the school's performance. |
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(a-1) Notwithstanding Subsection (a)(5), a charter granted |
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under this subchapter may provide for the exclusion of a student |
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from an open-enrollment charter school campus that includes a |
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child-care facility based on the student's conviction for a |
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criminal offense that would preclude the student from being |
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admitted to a school district campus that includes a child-care |
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facility. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. 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, 2025. |