89R4619 ANG-F

By: Shaheen H.B. No. 2354

A BILL TO BE ENTITLED

AN ACT

relating to charter schools, including the admission, enrollment, and employment policies of and the applicability of certain laws to open-enrollment charter schools.

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

SECTION 1. Section 12.002, Education Code, is amended to read as follows:

Sec. 12.002. CLASSES OF CHARTER. The classes of charter under this chapter are:

(1) a home-rule school district charter as provided by Subchapter B;

(2) a campus or campus program charter as provided by Subchapter C; [or]

(3) an open-enrollment charter as provided by Subchapter D;

(4) a college or university or junior college charter as provided by Subchapter E; or

(5) an adult education program charter as provided by Subchapter G.

SECTION 2. Section 12.1058(a), Education Code, is amended to read as follows:

(a) An open-enrollment charter school is considered to be:

(1) a local government for purposes of Chapter 791, Government Code;

(2) a local government for purposes of Chapter 2259, Government Code, except that an open-enrollment charter school may not issue public securities as provided by Section 2259.031(b), Government Code;

(3) a political subdivision for purposes of Chapter 172, Local Government Code;

(4) a local governmental entity for purposes of Subchapter I, Chapter 271, Local Government Code;

(5) a political subdivision for purposes of Section 180.008, Local Government Code;

(6) a political subdivision for purposes of Section 16.061, Civil Practice and Remedies Code, with respect to any property purchased, leased, constructed, renovated, or improved with state funds under Section 12.128 of this code; [and]

(7) a political subdivision for purposes of Section 11.11, Tax Code;

(8) a public school district customer for purposes of Section 182.022(d), Tax Code;

(9) a political subdivision for purposes of Section 304.001, Local Government Code; and

(10) a local authority for purposes of Subtitle C, Title 7, Transportation Code, only when the school is designating school crossing guards for campuses of the school.

SECTION 3. Section 12.111(a), Education Code, is amended to read as follows:

(a) Each charter granted under this subchapter must:

(1) describe the educational program to be offered, which must include the required curriculum as provided by Section 28.002;

(2) provide that continuation of the charter is contingent on the status of the charter as determined under Section 12.1141 or 12.115 or under Chapter 39A;

(3) specify the academic, operational, and financial performance expectations by which a school operating under the charter will be evaluated, which must include applicable elements of the performance frameworks adopted under Section 12.1181;

(4) specify:

(A) any basis, in addition to a basis specified by this subchapter or Chapter 39A, on which the charter may be revoked, renewal of the charter may be denied, or the charter may be allowed to expire; and

(B) the standards for evaluation of a school operating under the charter for purposes of charter renewal, denial of renewal, expiration, revocation, or other intervention in accordance with Section 12.1141 or 12.115 or Chapter 39A, as applicable;

(5) prohibit discrimination in admission policy on the basis of sex, national origin, ethnicity, religion, disability, academic, artistic, or athletic ability, or the district the child would otherwise attend in accordance with this code, although the charter may:

(A) provide for the exclusion of a student who has a documented history of a criminal offense, a juvenile court adjudication, or discipline problems under Subchapter A, Chapter 37; [and]

(B) provide for an admission policy that requires a student to demonstrate artistic ability if the school specializes in performing arts; and

(C) provide for an admission policy that limits admission to students of a single biological sex as correctly stated on the student's official birth certificate, as described by Section 33.0834(c), or, if the student's official birth certificate is unobtainable, another governmental record;

(6) specify the grade levels to be offered;

(7) describe the governing structure of the program, including:

(A) the officer positions designated;

(B) the manner in which officers are selected and removed from office;

(C) the manner in which members of the governing body of the school are selected and removed from office;

(D) the manner in which vacancies on that governing body are filled;

(E) the term for which members of that governing body serve; and

(F) whether the terms are to be staggered;

(8) specify the powers or duties of the governing body of the school that the governing body may delegate to an officer;

(9) specify the manner in which the school will distribute to parents information related to the qualifications of each professional employee of the program, including any professional or educational degree held by each employee, a statement of any certification under Subchapter B, Chapter 21, held by each employee, and any relevant experience of each employee;

(10) describe the process by which the person providing the program will adopt an annual budget;

(11) describe the manner in which an annual audit of the financial and programmatic operations of the program is to be conducted, including the manner in which the person providing the program will provide information necessary for the school district in which the program is located to participate, as required by this code or by commissioner rule, in the Public Education Information Management System (PEIMS);

(12) describe the facilities to be used;

(13) describe the geographical area served by the program;

(14) specify any type of enrollment criteria to be used;

(15) provide information, as determined by the commissioner, relating to any management company that will provide management services to a school operating under the charter; and

(16) specify that the governing body of an open-enrollment charter school accepts and may not delegate ultimate responsibility for the school, including the school's academic performance and financial and operational viability, and is responsible for overseeing any management company providing management services for the school and for holding the management company accountable for the school's performance.

SECTION 4. The heading to Section 12.117, Education Code, is amended to read as follows:

Sec. 12.117. ADMISSION AND ENROLLMENT.

SECTION 5. Section 12.117, Education Code, is amended by amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), and (b-1) to read as follows:

(a) For admission and enrollment 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 a grade level or campus [the school]:

(A) fill the available positions by lottery; or

(B) subject to Subsection (b), fill the available positions in the order in which applications received before the application deadline were received.

(a-1) An open-enrollment charter school that fills available positions by lottery under Subsection (a)(2)(A) may use a weighted lottery that assigns weights to applicants so that an applicant's probability of admission increases if the applicant satisfies criteria selected by the school. The school may increase an applicant's probability of admission if the applicant is:

(1) eligible to participate in a special education program under Section 29.003;

(2) an emergent bilingual student, as defined by Section 29.052; or

(3) educationally disadvantaged.

(a-2) The commissioner shall adopt rules regarding the implementation of a weighted lottery under Subsection (a-1), including rules that:

(1) establish the information an open-enrollment charter school may request an applicant to provide, which must be limited in scope to only the information necessary for the school to implement the lottery; and

(2) ensure compliance with:

(A) federal law regarding the confidentiality of student medical or educational information, including the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g); and

(B) any state law relating to the privacy of student information.

(a-3) An open-enrollment charter school that uses a weighted lottery under Subsection (a-1) shall:

(1) include in the school's admission and enrollment policy the information the school may request an applicant to provide under Subsection (a-2)(1);

(2) request an applicant to provide the information under Subsection (a-2)(1) only if the school receives more acceptable applications for admission than available positions in the school;

(3) clearly mark all information requested under Subdivision (2) as optional; and

(4) use any information provided by an applicant under Subdivision (2) only to determine if the applicant's probability of admission will increase in accordance with Subsection (a-1).

(b-1) An open-enrollment charter school shall make publicly available and post in a prominent and appropriate location on the school's public Internet website, if the school maintains a public Internet website, notice of the school's admission and enrollment policy, including:

(1) the method by which the school fills available positions in the school, including whether the school uses:

(A) a lottery; or

(B) a weighted lottery; and

(2) if the school fills available positions by weighted lottery under Subsection (a-1), the weights assigned to applicants under that subsection.

SECTION 6. Section 12.119, Education Code, is amended by adding Subsection (b-1) to read as follows:

(b-1) For purposes of Subsection (b), an officer or member of the governing body of an open-enrollment charter school does not include an assistant principal or assistant director.

SECTION 7. Section 12.129, Education Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Except as provided by Subsections [Subsection] (b) and (c), a person employed as a principal or a teacher by an open-enrollment charter school must hold a baccalaureate degree.

(c) A person may be employed as a teacher for a noncore academic career and technical education course without holding a baccalaureate degree if:

(1) the person meets the qualifications under Section 21.055(d-1); and

(2) the governing body and the chief executive officer and educational leader of the open-enrollment charter school comply with the requirements of Section 21.055(d-1) in the same manner as a school district board of trustees and superintendent.

SECTION 8. This Act applies beginning with the 2025-2026 school year.

SECTION 9. 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, 2025.