Bill Text: TX SB2 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain charter schools.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB2 Detail]
Download: Texas-2013-SB2-Introduced.html
Bill Title: Relating to certain charter schools.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB2 Detail]
Download: Texas-2013-SB2-Introduced.html
83R10243 CAS-D | ||
By: Patrick | S.B. No. 2 |
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relating to charter schools and home-rule charter school districts, | ||
including establishment of the Charter School Authorizing | ||
Authority. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 11, Education Code, is | ||
amended by adding Sections 11.1542 and 11.1543 to read as follows: | ||
Sec. 11.1542. OPEN-ENROLLMENT CHARTER SCHOOL OFFER FOR | ||
INDEPENDENT SCHOOL DISTRICT FACILITY. (a) The commissioner shall by | ||
rule adopt a procedure and criteria for determining whether an | ||
independent school district facility or a portion of a district | ||
facility is unused or underutilized by the district. Each year, the | ||
commissioner shall, using the procedure and criteria adopted, | ||
identify for each district any district facility or any portion of a | ||
district facility that is unused or underutilized. Each year, the | ||
agency shall post on the agency's Internet website a list of each | ||
district's unused or underutilized facilities and portions of | ||
facilities. At the request of an open-enrollment charter school, a | ||
district shall provide to the charter school a list of unused and | ||
underutilized district facilities and portions of district | ||
facilities as identified by the commissioner. | ||
(b) This subsection applies only to a school district | ||
facility or a portion of a district facility identified by the | ||
commissioner under Subsection (a) as being unused or underutilized | ||
by the district. If the charter holder of an open-enrollment | ||
charter school makes a written offer to a district to lease or | ||
purchase a district facility or a portion of a district facility | ||
identified as being unused or underutilized, the district shall | ||
enter into an agreement to lease or sell, as applicable, the | ||
facility or the portion of the facility to the charter holder for | ||
use by the open-enrollment charter school for classroom | ||
instruction. The price for the lease or sale must be $1. | ||
(c) If a charter holder who enters into a lease or purchase | ||
agreement for a district facility or a portion of a district | ||
facility under Subsection (b) does not, on or before the second | ||
anniversary of the date of the agreement, begin using the facility | ||
or the portion of the facility for open-enrollment charter school | ||
classroom instruction, the facility or the portion of the facility | ||
shall be placed again on the commissioner's list under Subsection | ||
(a). | ||
(d) If a charter holder to whom a district facility is sold | ||
under Subsection (b) subsequently sells or transfers the facility | ||
to a third party, the charter holder shall pay an amount equal to | ||
the amount of any gain in the property minus the adjusted basis, | ||
including costs of improvements to the facility, to the district | ||
from which the charter holder purchased the facility. This | ||
subsection applies to a subsequent sale or transfer by the charter | ||
holder even if the charter holder is represented as a different | ||
entity. For purposes of this subsection, the amount of any gain and | ||
the adjusted basis for purposes of determining gain shall be | ||
determined in accordance with applicable federal law and | ||
regulations. | ||
Sec. 11.1543. CHARTER SCHOOL PAYMENT FOR FACILITIES USE OR | ||
FOR SERVICES. (a) An independent school district may not require | ||
a campus or campus program that has been granted a charter under | ||
Subchapter C, Chapter 12, and that is the result of the conversion | ||
of the status of an existing school district campus to pay rent for | ||
or to purchase a facility in order to use the facility. | ||
(b) An independent school district may not require a campus | ||
or campus program described by Subsection (a) or an open-enrollment | ||
charter school to pay for any service provided by the district under | ||
a contract between the district and the campus, campus program, or | ||
open-enrollment charter school an amount that is greater than the | ||
amount of the actual costs to the district of providing the service. | ||
SECTION 2. Subchapter A, Chapter 12, Education Code, is | ||
amended by adding Section 12.004 to read as follows: | ||
Sec. 12.004. DEFINITION. In this chapter, "authority" | ||
means the Charter School Authorizing Authority established under | ||
Subchapter A-1. | ||
SECTION 3. Chapter 12, Education Code, is amended by adding | ||
Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. CHARTER SCHOOL AUTHORIZING AUTHORITY | ||
Sec. 12.007. ESTABLISHMENT; POWERS AND DUTIES. (a) The | ||
Charter School Authorizing Authority is established to oversee the | ||
operations of charter schools in accordance with this chapter, | ||
including: | ||
(1) granting charters for: | ||
(A) open-enrollment charter schools under | ||
Subchapter D; and | ||
(B) college or university or junior college | ||
charter schools under Subchapter E; | ||
(2) revoking charters and imposing other sanctions in | ||
accordance with Subchapters B, D, and E; and | ||
(3) monitoring charter holders of open-enrollment | ||
charter schools under Subchapter D. | ||
(b) The authority shall adopt rules as required by this | ||
chapter and may adopt other rules as authorized by this chapter. | ||
Sec. 12.0071. COMPOSITION. The authority is composed of | ||
seven members appointed as follows: | ||
(1) four members appointed by the governor, one of | ||
whom must be appointed from a list of candidates submitted to the | ||
governor by the speaker of the house of representatives; | ||
(2) one member appointed by the lieutenant governor; | ||
(3) one member appointed by the chair of the State | ||
Board of Education; and | ||
(4) one member appointed by the commissioner. | ||
Sec. 12.0072. ELIGIBILITY FOR APPOINTMENT. To be eligible | ||
to be appointed as a member of the authority, a person must have | ||
demonstrated expertise in at least one of the following: | ||
(1) public or nonprofit governance; | ||
(2) management and finance; | ||
(3) public charter school leadership; | ||
(4) school assessment, curriculum, and instruction; | ||
or | ||
(5) public school law. | ||
Sec. 12.0073. TERMS; VACANCY. (a) The members of the | ||
authority serve staggered four-year terms, with the terms of either | ||
three or four members expiring February 1 of each odd-numbered | ||
year. | ||
(b) A vacancy on the authority shall be filled in the same | ||
manner as the original appointment for that position. | ||
(c) Notwithstanding Subsection (a), the initial members | ||
appointed shall determine by lot which three of the seven initial | ||
members will serve terms that expire February 1, 2015, and which | ||
four of the seven initial members will serve terms that expire | ||
February 1, 2017. This subsection expires January 1, 2018. | ||
Sec. 12.0074. PRESIDING OFFICER. The governor shall | ||
designate a member of the authority as the presiding officer of the | ||
authority to serve in that capacity at the pleasure of the governor. | ||
Sec. 12.0075. MEETINGS. The authority shall meet at the | ||
call of: | ||
(1) the presiding officer; or | ||
(2) at least four members. | ||
Sec. 12.0076. REIMBURSEMENT. A member of the authority is | ||
not entitled to compensation for service as a member of the | ||
authority but is entitled to reimbursement for actual and necessary | ||
expenses incurred in performing functions as an authority member, | ||
as provided in the General Appropriations Act. | ||
Sec. 12.0077. SEPARATION OF AUTHORITY AND AGENCY | ||
RESPONSIBILITIES. The authority shall, in coordination with the | ||
agency, develop and implement policies that clearly separate the | ||
policymaking responsibilities of the authority and the management | ||
responsibilities of the agency. | ||
Sec. 12.0078. AGENCY SUPPORT SERVICES. To the extent | ||
needed by the authority to carry out the authority's powers and | ||
duties and as agreed to by the authority and the agency, the agency | ||
shall provide the authority with services, including fiscal, | ||
administrative, and personnel services and legal services not | ||
provided by the attorney general. | ||
Sec. 12.0079. INITIAL APPOINTMENTS. The initial | ||
appointments to the authority shall be made as soon as practicable | ||
after the effective date of this subchapter. This section expires | ||
September 1, 2014. | ||
SECTION 4. Section 12.013(b), Education Code, is amended to | ||
read as follows: | ||
(b) A home-rule school district is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) a provision of this title relating to limitations | ||
on liability; [ |
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(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) [ |
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under Chapters 31, 42, and 43; | ||
(B) [ |
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(C) [ |
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under Chapters 42, 43, and 45; and | ||
(D) [ |
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(4) any prohibition, restriction, or requirement, as | ||
applicable, imposed on an open-enrollment charter school under | ||
Section 12.104(b). | ||
SECTION 5. Section 12.014, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board | ||
of trustees of a school district shall appoint a charter commission | ||
to frame a home-rule school district charter if: | ||
(1) the board receives a petition requesting the | ||
appointment of a charter commission to frame a home-rule school | ||
district charter signed by at least five percent of the registered | ||
voters of the district; or | ||
(2) a majority [ |
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membership of the board adopts [ |
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charter commission be appointed. | ||
SECTION 6. Section 12.018, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.018. LEGAL REVIEW. The charter commission shall | ||
submit the proposed charter to the authority [ |
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soon as practicable, but not later than the 30th day after the date | ||
the authority [ |
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authority [ |
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ensure that the proposed charter complies with any applicable laws | ||
and shall recommend to the charter commission any modifications | ||
necessary. If the authority [ |
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prescribed time, the proposed charter is approved. | ||
SECTION 7. Sections 12.020(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) The governing body of a home-rule school district on its | ||
own motion may submit a proposed charter amendment that complies | ||
with this subchapter to the authority [ |
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review. | ||
(b) The governing body shall submit a proposed charter | ||
amendment that complies with this subchapter to the authority | ||
[ |
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governing body proposing the charter amendment is signed by at | ||
least five percent of the registered voters of the district. | ||
(c) As soon as practicable, but not later than the 30th day | ||
after the date on which the authority receives the proposed | ||
amendment [ |
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proposed amendment to ensure that the proposed amendment complies | ||
with any applicable laws and shall recommend any modifications | ||
necessary. If the authority [ |
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prescribed time, the proposed charter amendment is approved. | ||
SECTION 8. Section 12.021, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.021. ADOPTION OF CHARTER OR CHARTER AMENDMENT. (a) | ||
A [ |
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charter or a proposed charter amendment is adopted if approved by a | ||
vote of a majority of the total membership of the governing body | ||
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(b) A charter or charter amendment shall specify an | ||
effective date and takes effect according to its terms when the | ||
governing body of the school district enters an order declaring | ||
that the charter or charter amendment is adopted. The governing | ||
body shall enter an order not later than the 10th day after the date | ||
the governing body votes to approve the charter or charter | ||
amendment [ |
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(c) As soon as practicable after a school district adopts a | ||
home-rule school district charter or charter amendment, the [ |
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[ |
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SECTION 9. Section 12.023(a), Education Code, is amended to | ||
read as follows: | ||
(a) As soon as practicable after a school district adopts a | ||
home-rule school district charter or charter amendment, the | ||
president of the governing body [ |
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to the secretary of state a copy of the charter or amendment showing | ||
the approval by the governing body [ |
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SECTION 10. Sections 12.027(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) The authority [ |
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probation or revoke a home-rule school district charter of a school | ||
district if the authority [ |
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(1) committed a material violation of the charter; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) failed to comply with this subchapter or other | ||
applicable federal or state law or rule. | ||
(b) The action the authority [ |
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(a) shall be based on the best interest of district students, the | ||
severity of the violation, and any previous violation the district | ||
has committed. | ||
SECTION 11. Section 12.028(a), Education Code, is amended | ||
to read as follows: | ||
(a) The authority [ |
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adopt a procedure to be used for placing on probation or revoking a | ||
home-rule school district charter. | ||
SECTION 12. Sections 12.030(b), (c), (f), and (g), | ||
Education Code, are amended to read as follows: | ||
(b) The governing body of the district shall vote [ |
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charter if: | ||
(1) the governing body receives a petition requesting | ||
a rescission vote [ |
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registered voters of the district; or | ||
(2) a governing body motion is made, in accordance | ||
with the governing body's procedural rules, for [ |
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the question [ |
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(c) As soon as practicable after the date of receipt of a | ||
petition as described by [ |
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Subsection (b)(1) or as soon as practicable after a motion is made | ||
as described by Subsection (b)(2) [ |
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vote on the question of rescinding a home-rule school district | ||
charter [ |
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(f) A home-rule school district charter is rescinded if the | ||
rescission is approved by a [ |
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majority of the total membership of the governing body. | ||
(g) The rescission takes effect on a date established by | ||
resolution of the governing body but not later than the 90th day | ||
after the date the rescission is approved [ |
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(f) [ |
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the governing body shall notify the authority [ |
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the secretary of state of the approval [ |
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of the effective date of the rescission. | ||
SECTION 13. Section 12.056(b), Education Code, is amended | ||
to read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) 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) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; and | ||
(I) public school accountability under | ||
Subchapters B, C, E, F, and J, Chapter 39. | ||
SECTION 14. Section 12.059, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.059. CONTENT. Each charter granted under this | ||
subchapter must: | ||
(1) describe the educational program to be offered, | ||
which may be a general or specialized program; | ||
(2) provide that continuation of the charter is | ||
contingent on satisfactory student performance under Subchapter B, | ||
Chapter 39, and on compliance with other applicable accountability | ||
provisions under Chapter 39; | ||
(3) specify any basis, in addition to a basis | ||
specified by this subchapter, on which the charter may be placed on | ||
probation or revoked; | ||
(4) prohibit discrimination in admission on the basis | ||
of national origin, ethnicity, race, religion, or disability; | ||
(5) describe the governing structure of the campus or | ||
program; | ||
(6) specify any procedure or requirement, in addition | ||
to those under Chapter 38, that the campus or program will follow to | ||
ensure the health and safety of students and employees; and | ||
(7) describe the manner in which an annual audit of | ||
financial and programmatic operations of the campus or program is | ||
to be conducted, including the manner in which the campus or program | ||
will provide information necessary for the school district in which | ||
it is located to participate, as required by this code or by [ |
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Information Management System (PEIMS). | ||
SECTION 15. Section 12.101, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsections (b-1), | ||
(b-2), and (b-3) to read as follows: | ||
(a) In accordance with this subchapter, the authority | ||
[ |
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an eligible entity for an open-enrollment charter school to operate | ||
in a facility of a commercial or nonprofit entity, an eligible | ||
entity, or a school district, including a home-rule school | ||
district. In this subsection, "eligible entity" means: | ||
(1) an institution of higher education as defined | ||
under Section 61.003; | ||
(2) a private or independent institution of higher | ||
education as defined under Section 61.003; | ||
(3) an organization that is exempt from taxation under | ||
Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section | ||
501(c)(3)); or | ||
(4) a governmental entity. | ||
(b) After thoroughly investigating and evaluating an | ||
applicant, the authority [ |
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charter for an open-enrollment charter school only to an applicant | ||
that meets any financial, governing, curriculum development and | ||
implementation, and operational standards adopted by the authority | ||
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(b-1) The authority may not grant more than one charter for | ||
an open-enrollment charter school to any charter holder. The | ||
authority may consolidate charters for an open-enrollment charter | ||
school held by multiple charter holders into a single charter held | ||
by a single charter holder with the written consent to the terms of | ||
consolidation by each charter holder affected by the consolidation. | ||
(b-2) A charter holder may establish one or more new | ||
open-enrollment charter school campuses under an existing charter | ||
held by the charter holder if: | ||
(1) each campus operating under the charter has been | ||
assigned an acceptable performance rating as provided by Subchapter | ||
C, Chapter 39, for the two 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; | ||
(3) the charter holder provides written notice to the | ||
authority of the establishment of any campus under this subsection, | ||
in the time, manner, and form provided by rule of the authority; and | ||
(4) not later than the 60th day after the date the | ||
charter holder provides written notice under Subdivision (3), the | ||
authority does not provide written notice to the charter holder | ||
disapproving a new campus under this section. | ||
(b-3) The initial term of a charter granted under this | ||
section is five years. | ||
SECTION 16. Section 12.102, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.102. AUTHORITY UNDER CHARTER. An open-enrollment | ||
charter school: | ||
(1) shall provide instruction to students at one or | ||
more elementary or secondary grade levels as provided by the | ||
charter; | ||
(2) is governed under the governing structure | ||
described by the charter; | ||
(3) retains authority to operate under the charter to | ||
the extent authorized under Sections 12.1141 and 12.115 and | ||
Subchapter E, Chapter 39 [ |
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(4) does not have authority to impose taxes. | ||
SECTION 17. Section 12.104(b), Education Code, is amended | ||
to read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) 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, | ||
Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; and | ||
(N) intensive programs of instruction under | ||
Section 28.0213. | ||
SECTION 18. Sections 12.1052(d) and (e), Education Code, | ||
are amended to read as follows: | ||
(d) The records of an open-enrollment charter school that | ||
ceases to operate shall be transferred in the manner specified by | ||
the authority [ |
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authority [ |
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designate any appropriate entity to serve as custodian, including | ||
the agency, a regional education service center, or a school | ||
district. In designating a custodian, the authority [ |
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shall ensure that the transferred records, including student and | ||
personnel records, are transferred to a custodian capable of: | ||
(1) maintaining the records; | ||
(2) making the records readily accessible to students, | ||
parents, former school employees, and other persons entitled to | ||
access; and | ||
(3) complying with applicable state or federal law | ||
restricting access to the records. | ||
(e) If the charter holder of an open-enrollment charter | ||
school that ceases to operate or an officer or employee of such a | ||
school refuses to transfer school records in the manner specified | ||
by the authority [ |
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[ |
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recovery of the records. If the court grants the petition, the | ||
court shall award attorney's fees and court costs to the state. | ||
SECTION 19. Section 12.1053(a), Education Code, is amended | ||
to read as follows: | ||
(a) This section applies to an open-enrollment charter | ||
school unless the school's charter otherwise describes procedures | ||
for purchasing and contracting and the procedures are approved by | ||
the authority [ |
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SECTION 20. Section 12.1057(a), Education Code, is amended | ||
to read as follows: | ||
(a) An employee of an open-enrollment charter school | ||
[ |
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who qualifies for membership in the Teacher Retirement System of | ||
Texas shall be covered under the system to the same extent a | ||
qualified employee of a school district is covered. | ||
SECTION 21. Section 12.106, Education Code, is amended by | ||
adding Subsections (b-1) and (d) to read as follows: | ||
(b-1) A charter holder is entitled to an instructional | ||
facilities allotment for a school year for a campus of an | ||
open-enrollment charter school for which the charter holder has | ||
been granted a charter. The amount of an allotment under this | ||
subsection is, for each student in average daily attendance during | ||
the preceding school year at the open-enrollment charter school | ||
campus, the statewide average amount per student in state funds | ||
paid to school districts under Section 46.003 during the preceding | ||
school year, based only on students attending school in districts | ||
that receive a school facilities allotment under that section, or a | ||
greater amount provided by appropriation. A charter holder that | ||
receives funds under this subsection may use the funds only for an | ||
open-enrollment charter school campus for which the funds were paid | ||
and only to: | ||
(1) purchase real property on which to construct an | ||
instructional facility for the campus; | ||
(2) purchase, lease, construct, expand, or renovate | ||
instructional facilities for the campus; | ||
(3) pay debt service in connection with instructional | ||
facilities purchased or improved for the campus; or | ||
(4) maintain and operate instructional facilities for | ||
the campus. | ||
(d) The commissioner shall withhold one percent of the | ||
funding a charter holder granted a charter on or after September 1, | ||
2013, would otherwise be entitled to receive under Subsection (a). | ||
Money withheld under this subsection may be used only in paying the | ||
salary of any authority employee, agency employee, or independent | ||
contractor assigned responsibility related to: | ||
(1) granting charters for open-enrollment charter | ||
schools; or | ||
(2) overseeing or monitoring the operations and | ||
performance of open-enrollment charter schools. | ||
SECTION 22. Sections 12.110(a), (c), and (d), Education | ||
Code, are amended to read as follows: | ||
(a) The authority [ |
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(1) an application form and a procedure that must be | ||
used to apply for a charter for an open-enrollment charter school; | ||
and | ||
(2) criteria to use in selecting a program for which to | ||
grant a charter. | ||
(c) As part of the application procedure, the authority | ||
[ |
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signed by a specified number of parents or guardians of school-age | ||
children residing in the area in which a school is proposed or may | ||
hold a public hearing to determine parental support for the school. | ||
(d) The authority [ |
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based on criteria the authority [ |
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authority [ |
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(1) criteria relating to improving student | ||
performance and encouraging innovative programs; and | ||
(2) 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. | ||
SECTION 23. Section 12.1101, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
ESTABLISHMENT OF CAMPUS. The authority [ |
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shall adopt a procedure for providing notice to the following | ||
persons on receipt by the authority [ |
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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-2): | ||
(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 authority | ||
[ |
||
(2) each member of the legislature that represents the | ||
geographic area to be served by the proposed school or campus, as | ||
determined by the authority [ |
||
SECTION 24. 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) [ |
||
|
||
[ |
||
charter is contingent on the status of the charter as determined | ||
under Section 12.1141 or 12.115 or under Subchapter E, Chapter 39 | ||
[ |
||
|
||
|
||
|
||
(3) [ |
||
|
||
[ |
||
specified by this subchapter or Subchapter E, Chapter 39, on which | ||
the charter may be placed on probation or revoked [ |
||
|
||
(4) [ |
||
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, 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; | ||
(5) [ |
||
(6) [ |
||
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; | ||
(7) [ |
||
governing body of the school that the governing body may delegate to | ||
an officer; | ||
(8) [ |
||
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; | ||
(9) [ |
||
providing the program will adopt an annual budget; | ||
(10) [ |
||
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); | ||
(11) [ |
||
(12) [ |
||
the program; and | ||
(13) [ |
||
be used. | ||
SECTION 25. Section 12.112, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.112. FORM. A charter for an open-enrollment | ||
charter school shall be in the form of a written contract signed by | ||
the chair of the authority [ |
||
operating officer of the school. | ||
SECTION 26. Section 12.113(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each charter the authority [ |
||
grants for an open-enrollment charter school must: | ||
(1) satisfy this subchapter; and | ||
(2) include the information that is required under | ||
Section 12.111 consistent with the information provided in the | ||
application and any modification the authority [ |
||
SECTION 27. Section 12.114(a), Education Code, is amended | ||
to read as follows: | ||
(a) A revision of a charter of an open-enrollment charter | ||
school may be made only with the approval of the authority | ||
[ |
||
SECTION 28. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Section 12.1141 to read as follows: | ||
Sec. 12.1141. DENIAL OF RENEWAL OF CHARTER ON EXPIRATION OF | ||
INITIAL TERM; AUTOMATIC RENEWAL. (a) At the end of the initial | ||
term of a charter of an open-enrollment charter school, the charter | ||
automatically renews without action by the authority, except that | ||
the authority shall, except as provided by Subsection (b), deny | ||
renewal of the charter if: | ||
(1) a campus operating under the charter has been | ||
assigned an unacceptable performance rating under Subchapter C, | ||
Chapter 39, for three of the five preceding school years and such a | ||
campus has not been closed; or | ||
(2) the charter holder has been assigned a financial | ||
accountability performance rating under Subchapter D, Chapter 39, | ||
indicating financial performance lower than satisfactory for three | ||
of the five preceding school years. | ||
(b) Before the authority may, at the end of the initial | ||
term, deny the renewal of the charter of an open-enrollment charter | ||
school that is registered under the agency's alternative education | ||
accountability procedures for accountability evaluation purposes | ||
under Chapter 39, the authority must consider, as an alternative to | ||
the criterion specified under Subsection (a)(1), academic criteria | ||
established under authority rule that are appropriate to measure | ||
the specific goals of that school, such as providing dropout | ||
recovery or providing education within a residential treatment | ||
facility. | ||
(c) Not later than the 365th day before the last day of the | ||
initial term of a charter for an open-enrollment charter school, | ||
the authority shall provide written notice to the charter holder, | ||
in accordance with authority rule, of the basis on which a charter | ||
renewal may be denied under Subsection (a) or (b), as applicable. | ||
(d) Before the authority may, at the end of the initial | ||
term, deny the renewal of the charter of an open-enrollment charter | ||
school, the authority must provide the opportunity for a hearing to | ||
the charter holder and the parents and guardians of students of the | ||
school. A hearing under this subsection must be held at the | ||
facility at which the school is operated. Chapter 2001, Government | ||
Code, does not apply to a hearing under this subsection. | ||
(e) A charter of an open-enrollment charter school that has | ||
been renewed at the end of the initial term of the charter | ||
automatically renews at the end of each successive charter term | ||
without action by the authority, except that the authority shall | ||
deny renewal of the charter if: | ||
(1) the accreditation of the open-enrollment charter | ||
school has been revoked; or | ||
(2) the accreditation of any campus operating under | ||
the charter has been revoked and such a campus has not been closed. | ||
(f) The term of a charter renewed under this section is 20 | ||
years for each renewal. | ||
(g) A campus of an open-enrollment charter school 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 that school year under | ||
Subsection (a)(1). For purposes of Subsection (a)(2), based on | ||
financial accountability reviews, the commissioner shall determine | ||
the appropriate financial accountability performance rating to be | ||
assigned to a charter holder for the 2008-2009 and 2009-2010 school | ||
years. This subsection expires September 1, 2016. | ||
SECTION 29. Section 12.115, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.115. BASIS FOR MODIFICATION, PLACEMENT ON | ||
PROBATION, REVOCATION, OR MODIFICATION OF GOVERNANCE [ |
||
|
||
place on probation, or revoke [ |
||
an open-enrollment charter school or reconstitute the governing | ||
body of the charter holder or assign operation of a school campus to | ||
a different charter holder if the authority [ |
||
determines that the charter holder: | ||
(1) committed a material violation of the charter, | ||
including failure to satisfy accountability provisions prescribed | ||
by the charter; | ||
(2) failed to satisfy generally accepted accounting | ||
standards of fiscal management; | ||
(3) failed to protect the health, safety, or welfare | ||
of the students enrolled at the school; or | ||
(4) failed to comply with this subchapter or another | ||
applicable law or rule. | ||
(b) The action the authority [ |
||
Subsection (a) shall be based on the best interest of the | ||
open-enrollment charter school's students, the severity of the | ||
violation, [ |
||
and the accreditation status of the school. | ||
SECTION 30. The heading to Section 12.116, Education Code, | ||
is amended to read as follows: | ||
Sec. 12.116. PROCEDURE FOR MODIFICATION, PLACEMENT ON | ||
PROBATION, OR REVOCATION[ |
||
SECTION 31. Sections 12.116(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) The authority [ |
||
be used for modifying, placing on probation, or revoking[ |
||
|
||
school. | ||
(c) Chapter 2001, Government Code, does not apply to a | ||
hearing that is related to a modification, placement on probation, | ||
or revocation[ |
||
SECTION 32. Section 12.1161(a), Education Code, is amended | ||
to read as follows: | ||
(a) If the authority [ |
||
|
||
an open-enrollment charter school[ |
||
charter school surrenders its charter, the school may not: | ||
(1) continue to operate under this subchapter; or | ||
(2) receive state funds under this subchapter. | ||
SECTION 33. Section 12.1162, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1162. ADDITIONAL SANCTIONS. (a) The authority | ||
[ |
||
Subsection (b) or by Section 39.102(a), to the extent the authority | ||
[ |
||
school, as determined by a report issued under Section 39.058(b): | ||
(1) commits a material violation of the school's | ||
charter; | ||
(2) fails to satisfy generally accepted accounting | ||
standards of fiscal management; or | ||
(3) fails to comply with this subchapter or another | ||
applicable rule or law. | ||
(b) The authority [ |
||
commissioner to temporarily withhold funding or may [ |
||
authority of an open-enrollment charter school to operate[ |
||
take any other reasonable action the authority [ |
||
determines necessary to protect the health, safety, or welfare of | ||
students enrolled at the school based on evidence that conditions | ||
at the school present a danger to the health, safety, or welfare of | ||
the students. | ||
(c) After action is taken [ |
||
Subsection (b), the open-enrollment charter school may not receive | ||
funding and may not resume operating until a determination is made | ||
that: | ||
(1) despite initial evidence, the conditions at the | ||
school do not present a danger of material harm to the health, | ||
safety, or welfare of students; or | ||
(2) the conditions at the school that presented a | ||
danger of material harm to the health, safety, or welfare of | ||
students have been corrected. | ||
(d) Not later than the third business day after the date | ||
action is taken [ |
||
authority [ |
||
opportunity for a hearing. | ||
(e) Immediately after a hearing under Subsection (d), the | ||
authority [ |
||
cease the action under Subsection (b), as applicable, or initiate | ||
action under Section 12.116. | ||
(f) The authority [ |
||
implementing this section. Chapter 2001, Government Code, does not | ||
apply to a hearing under this section. | ||
SECTION 34. The heading to Section 12.1163, Education Code, | ||
is amended to read as follows: | ||
Sec. 12.1163. AUDIT BY AUTHORITY [ |
||
SECTION 35. Sections 12.1163(a) and (c), Education Code, | ||
are amended to read as follows: | ||
(a) To the extent consistent with this section, the | ||
authority [ |
||
(1) an open-enrollment charter school; | ||
(2) a charter holder; and | ||
(3) a management company. | ||
(c) Unless the authority [ |
||
to conduct an additional audit, the authority [ |
||
not conduct more than one on-site audit under Section 12.1163 | ||
during any fiscal year, including any financial and administrative | ||
records. For purposes of this subsection, an audit of a charter | ||
holder or management company associated with an open-enrollment | ||
charter school is not considered an audit of the school. | ||
SECTION 36. Section 12.1164(a), Education Code, is amended | ||
to read as follows: | ||
(a) The authority [ |
||
Retirement System of Texas in writing of the revocation, denial of | ||
renewal, or surrender of a charter under this subchapter not later | ||
than the 10th business day after the date of the event. | ||
SECTION 37. Sections 12.118(a) and (c), Education Code, are | ||
amended to read as follows: | ||
(a) The authority [ |
||
impartial organization with experience in evaluating school choice | ||
programs to conduct, under the supervision of the authority, an | ||
annual evaluation of open-enrollment charter schools. | ||
(c) The evaluation of open-enrollment charter schools must | ||
also include an evaluation of: | ||
(1) the costs of instruction, administration, and | ||
transportation incurred by open-enrollment charter schools; | ||
(2) the effect of open-enrollment charter schools on | ||
school districts and on teachers, students, and parents in those | ||
districts; and | ||
(3) other issues, as determined by the authority | ||
[ |
||
SECTION 38. Section 12.119, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.119. BYLAWS; ANNUAL REPORT. (a) A charter holder | ||
shall file with the authority [ |
||
its articles of incorporation and bylaws, or comparable documents | ||
if the charter holder does not have articles of incorporation or | ||
bylaws, within the period and in the manner prescribed by the | ||
authority [ |
||
(b) Each year within the period and in a form prescribed by | ||
the authority [ |
||
charter school shall file with the authority [ |
||
information: | ||
(1) the name, address, and telephone number of each | ||
officer and member of the governing body of the open-enrollment | ||
charter school; and | ||
(2) the amount of annual compensation the | ||
open-enrollment charter school pays to each officer and member of | ||
the governing body. | ||
(c) On request, the authority [ |
||
shall provide the information required by this section and Section | ||
12.111(a)(6) [ |
||
authority [ |
||
authority's [ |
||
SECTION 39. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Section 12.1211 to read as follows: | ||
Sec. 12.1211. NAMES OF MEMBERS OF 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. | ||
SECTION 40. Section 12.122(a), Education Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding the Texas Nonprofit Corporation Law | ||
[ |
||
|
||
authority [ |
||
against a member of the governing body of an open-enrollment | ||
charter school for breach of a fiduciary duty by the member, | ||
including misapplication of public funds. | ||
SECTION 41. Section 12.123, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.123. TRAINING FOR MEMBERS OF GOVERNING BODY OF | ||
SCHOOL AND OFFICERS. (a) The authority [ |
||
rules prescribing training for: | ||
(1) members of governing bodies of open-enrollment | ||
charter schools; and | ||
(2) officers of open-enrollment charter schools. | ||
(b) The rules adopted under Subsection (a) may: | ||
(1) specify the minimum amount and frequency of the | ||
training; | ||
(2) require the training to be provided by: | ||
(A) the agency and regional education service | ||
centers; | ||
(B) entities other than the agency and service | ||
centers, subject to approval by the authority [ |
||
(C) both the agency, service centers, and other | ||
entities; and | ||
(3) require training to be provided concerning: | ||
(A) basic school law, including school finance; | ||
(B) health and safety issues; | ||
(C) accountability requirements related to the | ||
use of public funds; and | ||
(D) other requirements relating to | ||
accountability to the public, such as open meetings requirements | ||
under Chapter 551, Government Code, and public information | ||
requirements under Chapter 552, Government Code. | ||
SECTION 42. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Section 12.1231 to read as follows: | ||
Sec. 12.1231. TRAINING FOR AGENCY EMPLOYEES. Not later | ||
than May 1, 2014, each agency employee assigned responsibility | ||
related to granting charters for open-enrollment charter schools or | ||
providing oversight or monitoring of charter holders or | ||
open-enrollment charter schools must participate in training on | ||
charter school authorization, oversight, and monitoring provided | ||
by a nationally recognized organization of charter school | ||
authorizers identified by the authority. This section expires | ||
January 1, 2015. | ||
SECTION 43. Section 12.126, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.126. CERTAIN MANAGEMENT SERVICES CONTRACTS | ||
PROHIBITED. The authority [ |
||
renewal of, suspend, or revoke a contract between an | ||
open-enrollment charter school and a management company providing | ||
management services to the school if the authority [ |
||
determines that the management company has: | ||
(1) failed to provide educational or related services | ||
in compliance with the company's contractual or other legal | ||
obligation to any open-enrollment charter school in this state or | ||
to any other similar school in another state; | ||
(2) failed to protect the health, safety, or welfare | ||
of the students enrolled at an open-enrollment charter school | ||
served by the company; | ||
(3) violated this subchapter or a rule adopted under | ||
this subchapter; or | ||
(4) otherwise failed to comply with any contractual or | ||
other legal obligation to provide services to the school. | ||
SECTION 44. Section 12.127(b), Education Code, is amended | ||
to read as follows: | ||
(b) On request of the authority [ |
||
attorney general may bring suit on behalf of the state against a | ||
management company liable under Subsection (a) for: | ||
(1) damages, including any state funding received by | ||
the company and any consequential damages suffered by the state; | ||
(2) injunctive relief; or | ||
(3) any other equitable remedy determined to be | ||
appropriate by the court. | ||
SECTION 45. Sections 12.128(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) The authority [ |
||
(1) take possession and assume control of the property | ||
described by Subsection (a) of an open-enrollment charter school | ||
that ceases to operate; and | ||
(2) supervise the disposition of the property in | ||
accordance with law. | ||
(d) The authority [ |
||
to administer this section. | ||
SECTION 46. Section 12.135(a), Education Code, is amended | ||
to read as follows: | ||
(a) On the application of the charter holder, the authority | ||
[ |
||
open-enrollment charter school that meets financial standards | ||
adopted by the authority [ |
||
must require an open-enrollment charter school to have an | ||
investment grade credit rating as specified by Section 45.0541. | ||
SECTION 47. Sections 12.152, 12.153, and 12.154, Education | ||
Code, are amended to read as follows: | ||
Sec. 12.152. AUTHORIZATION. [ |
||
subchapter and Subchapter D, the authority [ |
||
|
||
(1) a public senior college or university for an | ||
open-enrollment charter school to operate on the campus of the | ||
public senior college or university or in the same county in which | ||
the campus of the public senior college or university is located; or | ||
(2) a public junior college for an open-enrollment | ||
charter school to operate on the campus of the public junior college | ||
or in the same county in which the campus of the public junior | ||
college is located. | ||
Sec. 12.153. RULES. The authority [ |
||
rules to implement this subchapter. | ||
Sec. 12.154. CONTENT. (a) Notwithstanding Section | ||
12.110(d), the authority [ |
||
charter under this subchapter to a public senior college or | ||
university only if the following criteria are satisfied in the | ||
public senior college's or university's application, as determined | ||
by the authority [ |
||
(1) the college or university charter school's | ||
educational program must include innovative teaching methods; | ||
(2) the college or university charter school's | ||
educational program must be implemented under the direct | ||
supervision of a member of the teaching or research faculty of the | ||
public senior college or university; | ||
(3) the faculty member supervising the college or | ||
university charter school's educational program must have | ||
substantial experience and expertise in education research, | ||
teacher education, classroom instruction, or educational | ||
administration; | ||
(4) the college or university charter school's | ||
educational program must be designed to meet specific goals | ||
described in the charter, including improving student performance, | ||
and each aspect of the program must be directed toward the | ||
attainment of the goals; | ||
(5) the attainment of the college or university | ||
charter school's educational program goals must be measured using | ||
specific, objective standards set forth in the charter, including | ||
assessment methods and a time frame; and | ||
(6) the financial operations of the college or | ||
university charter school must be supervised by the business office | ||
of the public senior college or university. | ||
(b) Notwithstanding Section 12.110(d), the authority [ |
||
|
||
public junior college only if the following criteria are satisfied | ||
in the public junior college's application, as determined by the | ||
authority [ |
||
(1) the junior college charter school's educational | ||
program must be implemented under the direct supervision of a | ||
member of the faculty of the public junior college; | ||
(2) the faculty member supervising the junior college | ||
charter school's educational program must have substantial | ||
experience and expertise in teacher education, classroom | ||
instruction, or educational administration; | ||
(3) the junior college charter school's educational | ||
program must be designed to meet specific goals described in the | ||
charter, such as dropout recovery, and each aspect of the program | ||
must be directed toward the attainment of the goals; | ||
(4) the attainment of the junior college charter | ||
school's educational program goals must be measured using specific, | ||
objective standards set forth in the charter, including assessment | ||
methods and a time frame; and | ||
(5) the financial operations of the junior college | ||
charter school must be supervised by the business office of the | ||
junior college. | ||
SECTION 48. Section 221.0071(a), Human Resources Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding any other law [ |
||
|
||
|
||
|
||
detention, correctional, or residential facility established only | ||
for juvenile offenders under Section 51.12, 51.125, or 51.126, | ||
Family Code. | ||
SECTION 49. Section 221.056(d), Human Resources Code, is | ||
amended to read as follows: | ||
(d) Notwithstanding any other law [ |
||
|
||
|
||
|
||
residential treatment facility established under this section for a | ||
school chartered for the purposes of this section. | ||
SECTION 50. Section 1579.154(a), Insurance Code, is amended | ||
to read as follows: | ||
(a) A charter school is eligible to participate in the | ||
program if the school agrees: | ||
(1) that all records of the school relating to | ||
participation in the program are open to inspection by the trustee, | ||
the administering firm, the commissioner of education, the Charter | ||
School Authorizing Authority, or a designee of any of those | ||
entities; and | ||
(2) to have the school's accounts relating to | ||
participation in the program annually audited by a certified public | ||
accountant at the school's expense. | ||
SECTION 51. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 12.019; | ||
(2) Sections 12.020(d), (e), (f), (h), and (i); | ||
(3) Section 12.022; | ||
(4) Sections 12.030(d) and (e); | ||
(5) Section 12.113(b); | ||
(6) Section 12.1161(b); and | ||
(7) Section 12.156(b). | ||
SECTION 52. Section 11.1542, Education Code, as added by | ||
this Act, applies only to a contract entered into between a school | ||
district and a charter school on or after the effective date of this | ||
Act. A contract entered into between a school district and a | ||
charter school before the effective date of this Act is governed by | ||
the law in effect on the date the contract is entered into, and that | ||
law is continued in effect for that purpose. | ||
SECTION 53. (a) The amendment of Chapter 12, Education | ||
Code, by this Act to transfer authority for charter schools from the | ||
State Board of Education and the commissioner of education to the | ||
Charter School Authorizing Authority does not affect the status of | ||
a charter, including any legal rights, duties, and obligations | ||
based on a charter, granted under Chapter 12, Education Code, | ||
before May 1, 2014. | ||
(b) Section 12.101(b-1), Education Code, as added by this | ||
Act, does not affect the status of any charter for an | ||
open-enrollment charter school, including any legal rights, | ||
duties, and obligations based on a charter, that is among multiple | ||
charters granted to a single charter holder before September 1, | ||
2013. | ||
SECTION 54. (a) Effective May 1, 2014, except as provided by | ||
Subsection (b) of this section: | ||
(1) all functions and activities performed | ||
immediately before that date by the State Board of Education that | ||
specifically relate only to charter schools or by the commissioner | ||
of education under Chapter 12, Education Code, are transferred to | ||
the Charter School Authorizing Authority; | ||
(2) a rule, form, policy, procedure, or decision of | ||
the State Board of Education that specifically relates only to | ||
charter schools or of the commissioner of education under Chapter | ||
12, Education Code, continues in effect as a rule, form, policy, | ||
procedure, or decision of the Charter School Authorizing Authority | ||
and remains in effect until amended or replaced by the Charter | ||
School Authorizing Authority; | ||
(3) a reference in law or administrative rule to the | ||
State Board of Education that specifically relates only to charter | ||
schools means the Charter School Authorizing Authority; | ||
(4) all money, contracts, leases, rights, property, | ||
records, and bonds and other obligations of the State Board of | ||
Education or of the commissioner of education under Chapter 12, | ||
Education Code, that specifically relate only to charter schools | ||
are transferred to the Charter School Authorizing Authority; | ||
(5) a court case, administrative proceeding, contract | ||
negotiation, or other proceeding involving the State Board of | ||
Education that specifically relates only to charter schools or | ||
involving the commissioner of education under Chapter 12, Education | ||
Code, is transferred without change in status to the Charter School | ||
Authorizing Authority, and the Charter School Authorizing | ||
Authority assumes, without a change in status, the position of the | ||
State Board of Education or commissioner of education, as | ||
applicable, in a negotiation or proceeding relating to an activity | ||
transferred by this Act to the Charter School Authorizing Authority | ||
to which the State Board of Education or commissioner of education, | ||
as applicable, is a party; | ||
(6) an employee of the State Board of Education | ||
assigned only or primarily to duties relating to charter schools | ||
becomes an employee of the Texas Education Agency; and | ||
(7) any unexpended and unobligated balance of money | ||
appropriated by the legislature for the State Board of Education | ||
for carrying out duties that specifically relate to charter schools | ||
is transferred to the Charter School Authorizing Authority. | ||
(b) Notwithstanding Subsection (a) of this section, the | ||
commissioner of education remains responsible for administering | ||
state funding for purposes of Chapter 12, Education Code, to the | ||
same extent the commissioner of education had that responsibility | ||
on April 30, 2014. | ||
(c) In the period beginning on January 1, 2014, and ending | ||
on April 30, 2014: | ||
(1) the State Board of Education and the commissioner | ||
of education shall continue to perform their respective functions | ||
and activities relating to charter schools as provided under the | ||
Education Code or other law as if the law had not been amended or | ||
repealed, as applicable, and the former law is continued in effect | ||
for that purpose; and | ||
(2) a person who is authorized or required by law to | ||
take an action relating to the State Board of Education, a member of | ||
the State Board of Education, or the commissioner of education | ||
relating to charter schools shall continue to take that action | ||
under the law as if the law had not been amended or repealed, as | ||
applicable, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 55. Before May 1, 2014, the State Board of Education | ||
may agree with the Charter School Authorizing Authority to transfer | ||
any property of the State Board of Education to the Charter School | ||
Authorizing Authority to implement the transfer required by Section | ||
54 of this Act. | ||
SECTION 56. This Act takes effect September 1, 2013. |