By: West	S.B. No. 2130

	A BILL TO BE ENTITLED
	AN ACT
	relating to an application for a charter for an open-enrollment
	charter school and to the expansion of an open-enrollment charter
	school.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 12.101(b-4), Education Code, is amended
	to read as follows:
	(b-4)  Notwithstanding Section 12.114, approval of the
	commissioner under that section is not required for establishment
	of a new open-enrollment charter school campus if the requirements
	of this subsection are satisfied.  A charter holder having an
	accreditation status of accredited and at least 50 percent of its
	student population in grades assessed under Subchapter B, Chapter
	39, or at least 50 percent of the students in the grades assessed
	having been enrolled in the school for at least three school years
	may establish one or more new campuses under an existing charter
	held by the charter holder if:
	(1)  the charter holder is currently evaluated under
	the standard accountability procedures for evaluation under
	Chapter 39 and received a district rating in the highest or second
	highest performance rating category under Subchapter C, Chapter 39,
	for three of the last five years with at least 75 percent of the
	campuses rated under the charter also receiving a rating in the
	highest or second highest performance rating category and with no
	campus with a rating in the lowest performance rating category in
	the most recent ratings;
	(2)  the charter holder provides written notice to the
	commissioner of the establishment of any campus under this
	subsection in the time, manner, and form provided by rule of the
	commissioner; and
	(3)  not later than the 60th day after the date the
	charter holder provides written notice under Subdivision (2), the
	commissioner does not provide written notice to the charter holder
	that the commissioner has determined that:
	(A)  the charter holder does not satisfy the
	requirements of this section; or
	(B)  the proposed campus will be located in the
	attendance zone of a school district campus described by Section
	12.110(d)(3).
	SECTION 2.  Section 12.110, Education Code, is amended by
	amending Subsection (d) and adding Subsections (f) and (g) to read
	as follows:
	(d)  The commissioner shall approve or deny an application
	based on:
	(1)  documented evidence collected through the
	application review process;
	(2)  merit; [and]
	(3)  whether the geographical area to be served by the
	proposed open-enrollment charter school includes the attendance
	zone of a school district campus:
	(A)  that:
	(i)  received an overall performance rating
	of B for the preceding school year;
	(ii)  did not have significant student
	academic achievement differentials among students from different
	racial and ethnic groups and socioeconomic backgrounds for the
	preceding school year, as determined by the commissioner; and
	(iii)  is not at full enrollment capacity;
	or
	(B)  for which a charter has been granted under
	Subchapter C to replicate successful educational programs, as
	determined by the commissioner, within the preceding five years;
	and
	(4)  other criteria as adopted by the commissioner,
	which must include:
	(A)  criteria relating to the capability of the
	applicant to carry out the responsibilities provided by the charter
	and the likelihood that the applicant will operate a school of high
	quality;
	(B)  criteria relating to improving student
	performance and encouraging innovative programs; and
	(C)  a statement from any school district whose
	enrollment is likely to be affected by the open-enrollment charter
	school, including information relating to any financial difficulty
	that a loss in enrollment may have on the district.
	(f)  The commissioner may reject an application on the basis
	that the application proposes an open-enrollment charter school
	campus to be located in the attendance zone of a school district
	campus described by Subsection (d)(3)(A) and for which enrollment
	is open to any eligible student residing in the district only if
	each campus in the district for which enrollment is open to any
	eligible student residing in the district received an overall
	performance rating of A for the preceding school year.
	(g)  In approving an application that proposes an
	open-enrollment charter school to serve a geographical area that
	includes an entire county, the commissioner may require that the
	school and each campus of the school be located outside of the
	attendance zone of a school district campus described by Subsection
	(d)(3).
	SECTION 3.  Section 12.114, Education Code, is amended by
	adding Subsection (e) to read as follows:
	(e)  In determining whether to approve an expansion
	amendment that would expand the geographical area served by
	an open-enrollment charter school, the commissioner may consider
	the factors described by Section 12.110(d)(3).
	SECTION 4.  The changes in law made by this Act apply only to
	an application for a charter for an open-enrollment charter school,
	notice of the establishment of an open-enrollment charter school
	campus, or a request for approval of an expansion amendment
	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, 2017.