BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, holders of a public charter school charter cannot send notification or a request to the Texas Education Agency (TEA) to open a new campus until 18 months before the campus is scheduled to open. This is not enough time for public charter schools to construct the new campus and prepare for opening, especially with supply chain concerns. Likewise, local school districts are concerned that they are not notified early enough in the process either. 

Extending the request and notification window to 36 months would give all involved parties more time to prepare, in turn creating a better student experience upon the opening of the new campus. 

H.B. 2102 amends current law relating to the establishment of a new open-enrollment charter school campus by certain charter holders and to the expansion of an open-enrollment charter school.

RULEMAKING AUTHORITY

Rulemaking authority previously granted to the commissioner of education is modified in SECTION 1 (Section 12.101, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.101(b-10), Education Code, as follows:

(b-10) Requires the commissioner of education by rule to allow a charter holder to provide written notice of the establishment of a new open-enrollment charter school campus under Subsection (b-4)(2) (relating to authorizing a charter holder to open new campuses if certain requirements are met) up to 36 months, rather than 18 months, before the date on which the campus is anticipated to open.

�

SECTION 2. Amends Section 12.114(d), Education Code, to authorize a charter holder to submit a request for approval for an expansion amendment up to 36 months, rather than 18 months, before the date on which the expansion will be effective.

SECTION 3. Effective date: September 1, 2023.