Bill Text: TX SB1962 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to certain open-enrollment charter school admission policies and the consideration of the number of special education eligible students served by a charter holder in approving a charter holder's application for an expansion amendment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-04-01 - Referred to Education [SB1962 Detail]

Download: Texas-2021-SB1962-Introduced.html

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87R12421 MLH-D
By: West S.B. No. 1962

A BILL TO BE ENTITLED
AN ACT
relating to certain open-enrollment charter school admission
policies and the consideration of the number of special education
eligible students served by a charter holder in approving a charter
holder's application for an expansion amendment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 or [,] 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;
(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 2. Section 12.114, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) The commissioner may not approve a request for an
expansion amendment unless, at the time of the request, the charter
holder serves at minimum the lesser of:
(1) the state average of students eligible to receive
services under Subchapter A, Chapter 29; or
(2) the average of students eligible to receive
services under Subchapter A, Chapter 29, in the largest school
district in which the charter school operates a campus.
SECTION 3. This Act applies beginning with the 2021-2022
school year.
SECTION 4. Section 12.114(e), Education Code, as added by
this Act, applies to a request for approval of a revision to the
charter of an open-enrollment charter school submitted on or after
the effective date of this Act.
SECTION 5. 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, 2021.