By: Middleton S.B. No. 1127
 
 
 
   
 
 
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) 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.
         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.