Bill Text: TX HB1369 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to the establishment of open-enrollment charter schools and of new campuses of existing charter schools.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-01 - Referred to Public Education [HB1369 Detail]
Download: Texas-2011-HB1369-Introduced.html
| 82R4529 CAS-F | ||
| By: Hancock | H.B. No. 1369 | |
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| relating to the establishment of open-enrollment charter schools | ||
| and of new campuses of existing charter schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.101, Education Code, is amended by | ||
| amending Subsection (b) and adding Subsections (b-1) and (b-2) to | ||
| read as follows: | ||
| (b) The State Board of Education may grant a charter for an | ||
| open-enrollment charter school only to an applicant that meets any | ||
| financial, governing, and operational standards adopted by the | ||
| commissioner under this subchapter. The State Board of Education | ||
| may not grant [ |
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| open-enrollment charter school each state fiscal year. | ||
| (b-1) A charter holder may establish one or more new | ||
| open-enrollment charter school campuses under a charter without | ||
| applying for authorization from the State Board of Education if: | ||
| (1) 90 percent or more of the open-enrollment charter | ||
| school campuses operating under the charter have been assigned an | ||
| acceptable performance rating as provided by Subchapter C, Chapter | ||
| 39, for the two preceding school years; | ||
| (2) either no campus operating under the charter has | ||
| been assigned an unacceptable performance rating as provided by | ||
| Subchapter C, Chapter 39, for any two of the three preceding school | ||
| years or such a campus has been closed; | ||
| (3) the charter holder has been assigned a financial | ||
| accountability rating under Subchapter D, Chapter 39, indicating | ||
| financial performance that is satisfactory or better; | ||
| (4) the charter holder provides written notice, in the | ||
| time, manner, and form provided by commissioner rule, to the State | ||
| Board of Education and the commissioner of the establishment of any | ||
| campus under this subsection; and | ||
| (5) not later than the 90th day after the date the | ||
| charter holder provides written notice under Subdivision (4), the | ||
| commissioner does not provide written notice to the charter holder | ||
| disapproving a new campus under this section. | ||
| (b-2) This subsection expires January 1, 2015. For purposes | ||
| of Subsection (b-1): | ||
| (1) an open-enrollment charter school campus rated as | ||
| academically acceptable or higher under Subchapter D, Chapter 39, | ||
| as that subchapter existed January 1, 2009, for the 2009-2010 or | ||
| 2010-2011 school year is considered to have been assigned an | ||
| acceptable performance rating for the applicable school year; and | ||
| (2) an open-enrollment charter school campus rated as | ||
| academically unacceptable under Subchapter D, Chapter 39, as that | ||
| subchapter existed January 1, 2009, for the 2008-2009, 2009-2010, | ||
| or 2010-2011 school year is considered to have been assigned an | ||
| unacceptable performance rating for the applicable school year. | ||
| SECTION 2. Section 12.1101, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
| ESTABLISHMENT OF CAMPUS. The commissioner by rule shall adopt a | ||
| procedure for providing notice to the following persons on receipt | ||
| by the State Board of Education of an application for a charter for | ||
| an open-enrollment charter school under Section 12.110 or on | ||
| receipt by the board and the commissioner of notice of the | ||
| establishment of a campus as authorized under Section 12.101(b-1): | ||
| (1) the board of trustees of each school district from | ||
| which the proposed open-enrollment charter school or campus is | ||
| likely to draw students, as determined by the commissioner; and | ||
| (2) each member of the legislature that represents the | ||
| geographic area to be served by the proposed school or campus, as | ||
| determined by the commissioner. | ||
| SECTION 3. This Act applies beginning with the 2011-2012 | ||
| school year. | ||
| SECTION 4. 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, 2011. | ||
