Bill Text: TX HB1269 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to open-enrollment charter schools.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2017-03-28 - Left pending in committee [HB1269 Detail]
Download: Texas-2017-HB1269-Introduced.html
85R7536 KJE-D | ||
By: Villalba | H.B. No. 1269 |
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relating to open-enrollment charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.106, Education Code, is amended by | ||
adding Subsections (a-3), (a-4), (a-5), (a-6), (d), and (e) to read | ||
as follows: | ||
(a-3) In addition to the funding provided by Subsections | ||
(a), (a-2), and (d), a charter holder who meets the eligibility | ||
requirements under Subsection (a-4) is entitled to receive for the | ||
open-enrollment charter school supplemental funding for each | ||
student in weighted average daily attendance in an amount equal to | ||
the difference between: | ||
(1) the statewide average amount of state and local | ||
revenue, including maintenance and operations revenue and revenue | ||
for debt service, of a school district per student in weighted | ||
average daily attendance; and | ||
(2) the sum of: | ||
(A) the amount of funding per student in weighted | ||
average daily attendance to which the charter holder is entitled | ||
under Subsections (a) and (a-2); and | ||
(B) the amount of funding per student in average | ||
daily attendance to which the charter holder is entitled under | ||
Subsection (d). | ||
(a-4) A charter holder is eligible to receive supplemental | ||
funding under Subsection (a-3) if: | ||
(1) for a charter holder for whom at least 50 percent | ||
of enrolled students for the current year are economically | ||
disadvantaged, as determined by the agency, the percentage of the | ||
charter holder's economically disadvantaged students who achieved | ||
the college readiness performance standard on two or more | ||
assessment instruments administered under Section 39.023(a) or (c) | ||
exceeded the percentage of all economically disadvantaged students | ||
in the state who achieved that standard on two or more of those | ||
assessment instruments for at least two of the last three preceding | ||
school years; | ||
(2) for a charter holder for whom less than 50 percent | ||
of enrolled students for the current year are economically | ||
disadvantaged, as determined by the agency, the percentage of the | ||
charter holder's students who are not economically disadvantaged | ||
and who achieved the college readiness performance standard on two | ||
or more assessment instruments administered under Section | ||
39.023(a) or (c) exceeded the percentage of all students in the | ||
state who are not economically disadvantaged and who achieved that | ||
standard on two or more of those assessment instruments for at least | ||
two of the last three preceding school years; or | ||
(3) the charter holder has qualified for and received | ||
supplemental funding under Subdivision (1) or (2) for three | ||
consecutive school years. | ||
(a-5) A charter holder who establishes eligibility under | ||
Subsection (a-4)(3) remains eligible for supplemental funding in | ||
subsequent school years and is not required for those years to | ||
satisfy the criteria described by Subsection (a-4)(1) or (2), | ||
provided that the charter holder continues to comply with the | ||
requirements imposed by Section 12.1071(c). | ||
(a-6) In determining eligibility for supplemental funding | ||
under Subsection (a-4) for the current year, a charter holder may | ||
elect to exclude the results on assessment instruments administered | ||
to students enrolled at a campus established two years or less | ||
before the date on which eligibility is determined if the charter | ||
holder notifies the agency of the charter holder's election not | ||
later than the date specified by the commissioner. | ||
(d) In addition to other amounts provided by this section, a | ||
charter holder is entitled to receive for the open-enrollment | ||
charter school funding per student in average daily attendance in | ||
an amount equal to the state average amount of state funds per | ||
student in average daily attendance collected by independent school | ||
districts under Sections 46.003(a) and 46.032(a). | ||
(e) Notwithstanding any other provision of this section, | ||
the total amount of funding per student in weighted average daily | ||
attendance to which a charter holder may be entitled for an | ||
open-enrollment charter school under this section, including a | ||
charter holder eligible for supplemental funding under Subsection | ||
(a-3), may not exceed the average amount of state and local revenue, | ||
including maintenance and operations revenue and revenue for debt | ||
service, per student in weighted average daily attendance of the | ||
school districts located within the regional boundaries of the | ||
regional education service center within whose boundaries a | ||
majority of the charter holder's students attend school. If a | ||
charter holder's funding would exceed that amount, the amount of | ||
maintenance and operations funding and debt service funding to | ||
which the charter holder would otherwise be entitled under this | ||
section shall be reduced proportionately to comply with the maximum | ||
amount of funding described by this subsection. | ||
SECTION 2. Section 12.1071, Education Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) A charter holder who accepts supplemental funding under | ||
Section 12.106(a-3) for a school year: | ||
(1) may not expel a student during that school year | ||
unless the expulsion is required or permitted under Chapter 37; and | ||
(2) shall provide a disciplinary alternative | ||
education program or juvenile justice alternative education | ||
program, as applicable, during that school year to a student for | ||
whom a school district would be required to provide the program | ||
under Chapter 37, in the manner provided by that chapter. | ||
SECTION 3. Section 12.1101, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
ESTABLISHMENT OF CAMPUS. (a) The commissioner by rule shall adopt | ||
a procedure for providing notice to the following persons on | ||
receipt by the commissioner of an application for a charter for an | ||
open-enrollment charter school under Section 12.110 or of notice of | ||
the establishment of a campus as authorized under Section | ||
12.101(b-4): | ||
(1) the superintendent and board of trustees of each | ||
school district within a three-mile radius of the address or | ||
intersection at [ |
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school or campus is likely to be located [ |
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(2) each member of the legislature who [ |
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represents a [ |
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the address or intersection at which [ |
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school or campus is likely to be located [ |
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(b) Not later than the 30th day after the date on which an | ||
applicant or charter holder acquires property intended to serve as | ||
the location of a proposed open-enrollment charter school or campus | ||
for which notice was provided under Subsection (a), the applicant | ||
or charter holder shall provide notice of the address of the | ||
acquired property to: | ||
(1) the superintendent and board of trustees of each | ||
school district within a three-mile radius of the property; and | ||
(2) each member of the legislature who represents a | ||
geographic area within a three-mile radius of the property. | ||
SECTION 4. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Sections 12.138 and 12.139 to read as follows: | ||
Sec. 12.138. CONTRACTS TO OPERATE ALTERNATIVE EDUCATION | ||
PROGRAMS. (a) A charter holder who receives supplemental funding | ||
under Section 12.106(a-3) shall enter into a memorandum of | ||
understanding with the juvenile board of the county in which the | ||
majority of the charter holder's students attend school for the | ||
board to operate on behalf of the charter holder a juvenile justice | ||
alternative education program required under Section 12.1071(c) if | ||
the board has developed such a program. The board is entitled to | ||
receive all funding to which the charter holder would otherwise | ||
have been entitled for each student enrolled by the charter holder | ||
in the program. | ||
(b) A charter holder who receives supplemental funding | ||
under Section 12.106(a-3) may enter into a memorandum of | ||
understanding with the board of trustees of a school district | ||
located within the regional boundaries of the regional education | ||
service center within whose boundaries the majority of the charter | ||
holder's students attend school for the district to operate on | ||
behalf of the charter holder a disciplinary alternative education | ||
program required under Section 12.1071(c). The district is entitled | ||
to receive all funding to which the charter holder would otherwise | ||
have been entitled for each student enrolled by the charter holder | ||
in the program. | ||
(c) The juvenile board of a county or board of trustees of a | ||
school district shall enter into a memorandum of understanding as | ||
provided by Subsection (a) or (b) on request by a charter holder to | ||
whom that subsection applies. | ||
(d) Each student enrolled by a charter holder in an | ||
alternative education program under Subsection (a) or (b) is | ||
considered a student of the charter holder for purposes of: | ||
(1) determining the amount of funding to which the | ||
charter holder would otherwise have been entitled for that student | ||
under Section 12.106, including eligibility for supplemental | ||
funding under Section 12.106(a-3); and | ||
(2) accountability under Chapter 39. | ||
Sec. 12.139. CONTRACT TO OPERATE SCHOOL DISTRICT CAMPUS. | ||
(a) A charter holder who receives supplemental funding under | ||
Section 12.106(a-3) may contract with the board of trustees of a | ||
school district for the charter holder to operate one or more of the | ||
district's campuses. The district may receive all or part of the | ||
charter holder's supplemental funding, in an amount determined by | ||
the charter holder, to which the charter holder is entitled for each | ||
student enrolled at that campus. | ||
(b) Each student enrolled at a campus operated by a charter | ||
holder under Subsection (a) is considered a student of: | ||
(1) the charter holder for purposes of determining the | ||
amount of funding to which the charter holder is entitled for that | ||
student under Section 12.106, including eligibility for | ||
supplemental funding under Section 12.106(a-3); and | ||
(2) the school district for purposes of accountability | ||
under Chapter 39. | ||
(c) Notwithstanding any other provision of this code, for | ||
not less than three years after the date on which a charter holder | ||
begins operating a school district's campus under Subsection (a), | ||
the commissioner may not take action against the campus under | ||
Subchapter E, Chapter 39, for the reason that the campus received | ||
the lowest performance rating under Section 39.054. | ||
SECTION 5. Subchapter A, Chapter 11, Education Code, is | ||
amended by adding Section 11.004 to read as follows: | ||
Sec. 11.004. CONTRACT WITH HIGH-PERFORMING OPEN-ENROLLMENT | ||
CHARTER SCHOOL TO OPERATE CAMPUS. The board of trustees of a school | ||
district may contract with an open-enrollment charter school to | ||
which Section 12.139 applies for the charter school to operate one | ||
or more of the district's campuses as provided by that section. | ||
SECTION 6. (a) Except as provided by Subsection (b) of this | ||
section, this Act applies beginning with the 2017-2018 school year. | ||
(b) Section 12.106(d), Education Code, as added by this Act, | ||
applies to funding per student in average daily attendance at an | ||
open-enrollment charter school for the 2017-2018 and 2018-2019 | ||
school years only if the 85th Legislature makes a specific | ||
appropriation to implement that provision. | ||
SECTION 7. 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, 2017. |