Bill Text: TX SB76 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the regulation and operation of open-enrollment charter schools.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-08-11 - Filed [SB76 Detail]
Download: Texas-2021-SB76-Introduced.html
| 87S20621 GCB-F | ||
| By: Lucio | S.B. No. 76 | |
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| relating to the regulation and operation of open-enrollment charter | ||
| schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 12.104(b), Education Code, as reenacted | ||
| and amended by H.B. 3607, S.B. 168, S.B. 1365, S.B. 1697, and | ||
| S.B. 2081, Acts of the 87th Legislature, Regular Session, 2021, and | ||
| effective September 1, 2021, is reenacted and amended to read as | ||
| follows: | ||
| (b) An open-enrollment charter school is subject to: | ||
| (1) a provision of this title establishing a criminal | ||
| offense; | ||
| (2) the provisions in Chapter 554, Government Code; | ||
| and | ||
| (3) a prohibition, restriction, or requirement, as | ||
| applicable, imposed by this title or a rule adopted under this | ||
| title, relating to: | ||
| (A) the Public Education Information Management | ||
| System (PEIMS) to the extent necessary to monitor compliance with | ||
| this subchapter as determined by the commissioner; | ||
| (B) criminal history records under Subchapter C, | ||
| Chapter 22; | ||
| (C) reading instruments and accelerated reading | ||
| instruction programs under Section 28.006; | ||
| (D) accelerated instruction under Section | ||
| 28.0211; | ||
| (E) high school graduation requirements under | ||
| Section 28.025; | ||
| (F) special education programs under Subchapter | ||
| A, Chapter 29; | ||
| (G) bilingual education under Subchapter B, | ||
| Chapter 29; | ||
| (H) prekindergarten programs under Subchapter E | ||
| or E-1, Chapter 29, except class size limits for prekindergarten | ||
| classes imposed under Section 25.112, which do not apply; | ||
| (I) extracurricular activities under Section | ||
| 33.081; | ||
| (J) discipline management practices or behavior | ||
| management techniques under Sections [ |
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| and 37.004; | ||
| (K) health and safety under Chapter 38; | ||
| (L) the provisions of Subchapter A, Chapter 39; | ||
| (M) public school accountability and special | ||
| investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
| 39, and Chapter 39A; | ||
| (N) the requirement under Section 21.006 to | ||
| report an educator's misconduct; | ||
| (O) intensive programs of instruction under | ||
| Section 28.0213; | ||
| (P) the right of a school employee to report a | ||
| crime, as provided by Section 37.148; | ||
| (Q) bullying prevention policies and procedures | ||
| under Section 37.0832; | ||
| (R) the right of a school under Section 37.0052 | ||
| to place a student who has engaged in certain bullying behavior in a | ||
| disciplinary alternative education program or to expel the student; | ||
| (S) the right under Section 37.0151 to report to | ||
| local law enforcement certain conduct constituting assault or | ||
| harassment; | ||
| (T) a parent's right to information regarding the | ||
| provision of assistance for learning difficulties to the parent's | ||
| child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
| (U) establishment of residency under Section | ||
| 25.001; | ||
| (V) school safety requirements under Sections | ||
| 37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
| 37.207, and 37.2071; | ||
| (W) the early childhood literacy and mathematics | ||
| proficiency plans under Section 11.185; | ||
| (X) the college, career, and military readiness | ||
| plans under Section 11.186; [ |
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| (Y) [ |
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| under Section 28.02124; | ||
| (Z) educator certification requirements under | ||
| Chapter 21; and | ||
| (AA) elementary class size limits under Section | ||
| 25.112. | ||
| SECTION 2. Section 12.1051, Education Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) The governing body of a charter holder and the governing | ||
| body of an open-enrollment charter school shall: | ||
| (1) hold each open meeting within the geographical | ||
| area served by the school; and | ||
| (2) in the manner prescribed by Section 551.128, | ||
| Government Code, broadcast the open meeting over the Internet if | ||
| the school includes campuses that are located in noncontiguous | ||
| municipalities. | ||
| SECTION 3. Section 12.106(a-2), Education Code, is amended | ||
| to read as follows: | ||
| (a-2) In addition to the funding provided by Subsection (a), | ||
| a charter holder is entitled to receive for the open-enrollment | ||
| charter school an allotment per student in average daily attendance | ||
| equal to the allotment under Section 48.101 the charter holder | ||
| would be entitled to under that section if the school were a school | ||
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| SECTION 4. Subchapter D, Chapter 12, Education Code, is | ||
| amended by adding Section 12.1072 to read as follows: | ||
| Sec. 12.1072. PROHIBITION AGAINST USE OF STATE FUNDING TO | ||
| PURCHASE, LEASE, OR MAINTAIN AN AIRCRAFT; EXCEPTION. (a) In this | ||
| section, "aircraft" means a self-propelled motor vehicle that can | ||
| be used to transport a person by flight in the air. | ||
| (b) Except as provided by Subsection (c), a charter holder | ||
| may not use funds received under Section 12.106 for the purpose of | ||
| purchasing, leasing, or maintaining an aircraft. | ||
| (c) This section does not prohibit a charter holder from | ||
| purchasing, leasing, or maintaining an aircraft for purposes of an | ||
| agency-approved career and technical education course involving | ||
| aviation or aviation maintenance. | ||
| SECTION 5. Section 12.111, Education Code, is amended by | ||
| amending Subsection (a) and adding Subsection (a-1) 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, | ||
| eligibility for special education programs under Subchapter A, | ||
| Chapter 29, or bilingual education and special language programs | ||
| under Subchapter B, Chapter 29, discipline history, 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 is | ||
| currently: | ||
| (i) placed in a disciplinary alternative | ||
| education program or a juvenile justice alternative education | ||
| program; or | ||
| (ii) subject to an order of expulsion from a | ||
| school district or open-enrollment charter school [ |
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| (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. | ||
| (a-1) Notwithstanding Subsection (a)(5), a charter granted | ||
| under this subchapter may provide for the exclusion of a student | ||
| from an open-enrollment charter school campus that includes a | ||
| child-care facility based on the student's conviction for a | ||
| criminal offense that would preclude the student from being | ||
| admitted to a school district campus that includes a child-care | ||
| facility. | ||
| SECTION 6. Section 12.1141, Education Code, is amended by | ||
| amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), | ||
| and (b-1) to read as follows: | ||
| (a) The commissioner shall develop and by rule adopt a | ||
| procedure for renewal, denial of renewal, or expiration of a | ||
| charter for an open-enrollment charter school at the end of the term | ||
| of the charter. The procedure must include: | ||
| (1) consideration of the performance under Chapters 39 | ||
| and 39A of the charter holder and each campus operating under the | ||
| charter; and | ||
| (2) a determination under Subsection (a-2) of whether | ||
| the charter holder had an excessive number of students transfer | ||
| during the term of the charter. | ||
| (a-1) The procedure developed under Subsection (a) must | ||
| include three distinct processes, which must be expedited renewal, | ||
| discretionary consideration of renewal or denial of renewal, and | ||
| expiration. | ||
| (a-2) The commissioner shall by rule adopt a standard for | ||
| determining whether a charter holder had an excessive number of | ||
| students transfer to schools other than schools operated by the | ||
| charter holder: | ||
| (1) after completing the second grade and before | ||
| entering the third grade; or | ||
| (2) during the 60 days before the date the | ||
| transferring student would be administered an assessment | ||
| instrument under Section 39.023. | ||
| (a-3) To renew a charter at the end of the term, the charter | ||
| holder must submit a petition for renewal to the commissioner in the | ||
| time and manner established by commissioner rule. | ||
| (b-1) The commissioner may deny expedited renewal of a | ||
| charter if, under the standard adopted under Subsection (a-2), the | ||
| commissioner determines that an excessive number of student | ||
| transfers occurred during the term of the charter. | ||
| SECTION 7. Sections 12.1141(b) and (c), Education Code, as | ||
| effective September 1, 2021, are amended to read as follows: | ||
| (b) At the end of the term of a charter for an | ||
| open-enrollment charter school, if a charter holder submits to the | ||
| commissioner a petition for expedited renewal of the charter, the | ||
| charter automatically renews unless, not later than the 30th day | ||
| after the date the charter holder submits the petition, the | ||
| commissioner provides written notice to the charter holder that | ||
| expedited renewal of the charter is denied. Except as provided by | ||
| Subsection (b-1), the [ |
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| renewal of a charter if: | ||
| (1) the charter holder has been assigned the highest | ||
| or second highest performance rating under Subchapter C, Chapter | ||
| 39, for the three preceding school years; | ||
| (2) the charter holder has been assigned a financial | ||
| performance accountability rating under Subchapter D, Chapter 39, | ||
| indicating financial performance that is satisfactory or better for | ||
| the three preceding school years; and | ||
| (3) no campus operating under the charter has been | ||
| assigned an unacceptable performance rating under Subchapter C, | ||
| Chapter 39, for the three preceding school years or such a campus | ||
| has been closed. | ||
| (c) At the end of the term of a charter for an | ||
| open-enrollment charter school, if a charter holder submits to the | ||
| commissioner a petition for renewal of the charter and the charter | ||
| does not meet the criteria for expedited renewal under Subsection | ||
| (b) or for expiration under Subsection (d) or if the commissioner | ||
| denies expedited renewal under Subsection (b-1), the commissioner | ||
| shall use the discretionary consideration process. The | ||
| commissioner's decision under the discretionary consideration | ||
| process must take into consideration the results of annual | ||
| evaluations under the performance frameworks established under | ||
| Section 12.1181. The renewal of the charter of an open-enrollment | ||
| charter school that is registered under the agency's alternative | ||
| education accountability procedures for evaluation under Chapter | ||
| 39 shall be considered under the discretionary consideration | ||
| process regardless of the performance ratings under Subchapter C, | ||
| Chapter 39, of the open-enrollment charter school or of any campus | ||
| operating under the charter, except that if the charter holder has | ||
| been assigned a financial accountability performance rating under | ||
| Subchapter D, Chapter 39, indicating financial performance that is | ||
| lower than satisfactory for any three of the five preceding school | ||
| years, the commissioner shall allow the charter to expire under | ||
| Subsection (d). In considering the renewal of the charter of an | ||
| open-enrollment charter school that is registered under the | ||
| agency's alternative education accountability procedures for | ||
| evaluation under Chapter 39, such as a dropout recovery school or a | ||
| school providing education within a residential treatment | ||
| facility, the commissioner shall use academic criteria established | ||
| by commissioner rule that are appropriate to measure the specific | ||
| goals of the school. The criteria established by the commissioner | ||
| shall recognize growth in student achievement as well as | ||
| educational attainment. For purposes of this subsection, the | ||
| commissioner shall designate as a dropout recovery school an | ||
| open-enrollment charter school or a campus of an open-enrollment | ||
| charter school: | ||
| (1) that serves students in grades 9 through 12 and has | ||
| an enrollment of which at least 60 percent of the students are 16 | ||
| years of age or older as of September 1 of the school year as | ||
| reported for the fall semester Public Education Information | ||
| Management System (PEIMS) submission; and | ||
| (2) that meets the eligibility requirements for and is | ||
| registered under alternative education accountability procedures | ||
| adopted by the commissioner. | ||
| SECTION 8. Section 12.117, Education Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) An application required under Subsection (a) or any | ||
| communication with the applicant or with the school in which the | ||
| applicant is currently enrolled may not include a request for | ||
| information regarding the applicant's discipline history except | ||
| for a disciplinary action described by Section 12.111(a)(5)(A) or a | ||
| notice of disciplinary action under Section 37.022. | ||
| SECTION 9. Section 12.1211, Education Code, is amended to | ||
| read as follows: | ||
| Sec. 12.1211. INFORMATION REGARDING [ |
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| GOVERNING BODY LISTED ON WEBSITE. An open-enrollment charter | ||
| school shall list the names of the members of the governing body on | ||
| the home page of the school's Internet website and provide | ||
| additional information regarding members of the governing body that | ||
| is easily accessible on the website, including: | ||
| (1) relevant biographical information for each member | ||
| related to employment history and educational experience; | ||
| (2) whether a member has a substantial interest in a | ||
| business entity as described by Section 171.002, Local Government | ||
| Code, and if so, whether that business entity contracts with the | ||
| school; | ||
| (3) the total number of members; | ||
| (4) the manner in which the members are selected as | ||
| described in the school's charter; | ||
| (5) the terms of service of each member on the | ||
| governing body; and | ||
| (6) the total number of years each member has served. | ||
| SECTION 10. The heading to Section 12.131, Education Code, | ||
| is amended to read as follows: | ||
| Sec. 12.131. STUDENT DISCIPLINE [ |
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| SECTION 11. Section 12.131, Education Code, is amended by | ||
| amending Subsection (b) and adding Subsections (b-1), (d), (e), and | ||
| (f) to read as follows: | ||
| (b) An open-enrollment charter school may: | ||
| (1) only suspend a student for a reason identified in | ||
| the school's code of conduct; and | ||
| (2) only [ |
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| for which expulsion [ |
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| Chapter 37, [ |
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| of conduct [ |
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| (b-1) An open-enrollment charter school's code of conduct | ||
| may not authorize expulsion based on: | ||
| (1) a student's attendance or academic ability or | ||
| performance; or | ||
| (2) acts or omissions of a student's parent or legal | ||
| guardian. | ||
| (d) A suspension under this section may not exceed three | ||
| school days. | ||
| (e) Except as required under Section 37.007(e), a student | ||
| who is younger than 10 years of age may not be expelled for a period | ||
| of more than one school year. | ||
| (f) An employee of an open-enrollment charter school may not | ||
| suggest a student withdraw from the school in lieu of being | ||
| disciplined as provided by the school's code of conduct. | ||
| SECTION 12. Subchapter D, Chapter 12, Education Code, is | ||
| amended by adding Section 12.138 to read as follows: | ||
| Sec. 12.138. ELECTIONEERING PROHIBITED. Notwithstanding | ||
| any other law, the governing body or a member of the governing body | ||
| of an open-enrollment charter school or an employee or contractor | ||
| of an open-enrollment charter school may not use state or local | ||
| funds or other resources of the school to electioneer for or against | ||
| any candidate, measure, or political party. | ||
| SECTION 13. Chapter 255, Election Code, is amended by | ||
| adding Section 255.0011 to read as follows: | ||
| Sec. 255.0011. OPEN-ENROLLMENT CHARTER SCHOOLS. In this | ||
| chapter, "open-enrollment charter school" has the meaning assigned | ||
| by Section 5.001, Education Code. | ||
| SECTION 14. Sections 255.003(a), (b-1), (d), and (e), | ||
| Election Code, are amended to read as follows: | ||
| (a) An officer or employee of a political subdivision or | ||
| open-enrollment charter school may not knowingly spend or authorize | ||
| the spending of public funds for political advertising. | ||
| (b-1) An officer or employee of a political subdivision or | ||
| open-enrollment charter school may not spend or authorize the | ||
| spending of public funds for a communication describing a measure | ||
| if the communication contains information that: | ||
| (1) the officer or employee knows is false; and | ||
| (2) is sufficiently substantial and important as to be | ||
| reasonably likely to influence a voter to vote for or against the | ||
| measure. | ||
| (d) It is an affirmative defense to prosecution for an | ||
| offense under this section or the imposition of a civil penalty for | ||
| conduct under this section that an officer or employee of a | ||
| political subdivision or open-enrollment charter school reasonably | ||
| relied on a court order or an interpretation of this section in a | ||
| written opinion issued by: | ||
| (1) a court of record; | ||
| (2) the attorney general; or | ||
| (3) the commission. | ||
| (e) On written request of the governing body of a political | ||
| subdivision or open-enrollment charter school that has ordered an | ||
| election on a measure, the commission shall prepare an advance | ||
| written advisory opinion as to whether a particular communication | ||
| relating to the measure does or does not comply with this section. | ||
| SECTION 15. Sections 255.0031(a) and (b), Election Code, | ||
| are amended to read as follows: | ||
| (a) An officer or employee of a state agency, [ |
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| subdivision, or open-enrollment charter school may not knowingly | ||
| use or authorize the use of an internal mail system for the | ||
| distribution of political advertising. | ||
| (b) Subsection (a) does not apply to: | ||
| (1) the use of an internal mail system to distribute | ||
| political advertising that is delivered to the premises of a state | ||
| agency, [ |
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| school through the United States Postal Service; or | ||
| (2) the use of an internal mail system by a state | ||
| agency or municipality to distribute political advertising that is | ||
| the subject of or related to an investigation, hearing, or other | ||
| official proceeding of the agency or municipality. | ||
| SECTION 16. Section 255.0031(d)(1), Election Code, is | ||
| amended to read as follows: | ||
| (1) "Internal mail system" means a system operated by | ||
| a state agency, [ |
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| charter school to deliver written documents to officers or | ||
| employees of the agency or subdivision. | ||
| SECTION 17. Section 554.001(2), Government Code, is amended | ||
| to read as follows: | ||
| (2) "Local governmental entity" means: | ||
| (A) a political subdivision of the state, | ||
| including a[ |
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| (B) an open-enrollment charter school. | ||
| SECTION 18. (a) Notwithstanding Section 12.104(b), | ||
| Education Code, as amended by this Act, a person employed by an | ||
| open-enrollment charter school on the effective date of this Act is | ||
| not required to comply with the changes in law made by this Act | ||
| until the beginning of the 2023-2024 school year. | ||
| (b) The change in law made to Section 12.1051, Education | ||
| Code, applies only to an open meeting held on or after the effective | ||
| date of this Act. | ||
| (c) Notwithstanding the effective date of this Act, a | ||
| charter holder that, on the effective date of this Act, owns or | ||
| leases an aircraft in a manner other than as authorized under | ||
| Section 12.1072, Education Code, as added by this Act, must, by a | ||
| date not later than September 1, 2022: | ||
| (1) offer an agency-approved career and technical | ||
| education course involving aviation or aviation maintenance, and | ||
| cease use of the aircraft for any other purpose; or | ||
| (2) sell the aircraft or terminate the lease for the | ||
| aircraft, as applicable. | ||
| SECTION 19. This Act takes effect September 1, 2021, 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 effect on that | ||
| date, this Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
