Bill Text: TX HB263 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the composition of the student body of an open-enrollment charter school.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-08-01 - Left pending in committee [HB263 Detail]

Download: Texas-2017-HB263-Introduced.html
 
 
  By: Collier H.B. No. 263
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the composition of the student body of an
  open-enrollment charter school.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.111(a), Education Code, as effective
  September 1, 2017, is amended to read as follows:
         (a)  Each charter granted under this subchapter must:
               (1)  describe the educational program to be offered,
  which must include the required curriculum as provided by Section
  28.002;
               (2)  provide that continuation of the charter is
  contingent on the status of the charter as determined under Section
  12.1141 or 12.115 or under Chapter 39A;
               (3)  specify the academic, operational, and financial
  performance expectations by which a school operating under the
  charter will be evaluated, which must include applicable elements
  of the performance frameworks adopted under Section 12.1181;
               (4)  specify:
                     (A)  any basis, in addition to a basis specified
  by this subchapter or Chapter 39A, on which the charter may be
  revoked, renewal of the charter may be denied, or the charter may be
  allowed to expire; and
                     (B)  the standards for evaluation of a school
  operating under the charter for purposes of charter renewal, denial
  of renewal, expiration, revocation, or other intervention in
  accordance with Section 12.1141 or 12.115 or Chapter 39A, as
  applicable;
               (5)  prohibit discrimination in admission policy on the
  basis of sex, national origin, ethnicity, religion, disability,
  academic, artistic, or athletic ability, or, subject to Section
  12.1173, 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;
               (6)  specify the grade levels to be offered;
               (7)  describe the governing structure of the program,
  including:
                     (A)  the officer positions designated;
                     (B)  the manner in which officers are selected and
  removed from office;
                     (C)  the manner in which members of the governing
  body of the school are selected and removed from office;
                     (D)  the manner in which vacancies on that
  governing body are filled;
                     (E)  the term for which members of that governing
  body serve; and
                     (F)  whether the terms are to be staggered;
               (8)  specify the powers or duties of the governing body
  of the school that the governing body may delegate to an officer;
               (9)  specify the manner in which the school will
  distribute to parents information related to the qualifications of
  each professional employee of the program, including any
  professional or educational degree held by each employee, a
  statement of any certification under Subchapter B, Chapter 21, held
  by each employee, and any relevant experience of each employee;
               (10)  describe the process by which the person
  providing the program will adopt an annual budget;
               (11)  describe the manner in which an annual audit of
  the financial and programmatic operations of the program is to be
  conducted, including the manner in which the person providing the
  program will provide information necessary for the school district
  in which the program is located to participate, as required by this
  code or by commissioner rule, in the Public Education Information
  Management System (PEIMS);
               (12)  describe the facilities to be used;
               (13)  describe the geographical area served by the
  program;
               (14)  specify any type of enrollment criteria to be
  used;
               (15)  provide information, as determined by the
  commissioner, relating to any management company that will provide
  management services to a school operating under the charter; and
               (16)  specify that the governing body of an
  open-enrollment charter school accepts and may not delegate
  ultimate responsibility for the school, including the school's
  academic performance and financial and operational viability, and
  is responsible for overseeing any management company providing
  management services for the school and for holding the management
  company accountable for the school's performance.
         SECTION 2.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.1173 to read as follows:
         Sec. 12.1173.  ADMISSION PREFERENCE FOR CERTAIN STUDENTS.
  (a) Except as provided by Subsection (d), the governing body of an
  open-enrollment charter school shall adopt and implement admission
  procedures designed to ensure that students who reside in the
  attendance zone of the school district within the boundaries of
  which the school is located represent a majority of the school's
  total enrollment.
         (b)  To the extent necessary to achieve the result described
  by Subsection (a):
               (1)  a governing body that uses a lottery to fill
  available positions, as authorized by Section 12.117, may conduct
  separate lotteries for students who reside in the attendance zone
  of the school district within the boundaries of which the school is
  located and for students who do not reside in that attendance zone;
  and
               
  (2)  a governing body that fills available positions
  based on the order in which applications were received, as
  authorized by Section 12.117, may fill available positions based on
  the order in which applications were received from students who
  reside in the attendance zone of the school district within the
  boundaries of which the school is located before filling available
  positions with students who do not reside in that attendance zone.
         (c)  The commissioner shall decline to renew the charter of
  an open-enrollment charter school if the commissioner determines
  that the governing body of the open-enrollment charter school has
  not complied with this section, unless the commissioner determines
  that the governing body made a good faith effort to comply but was
  unable to achieve the result described by Subsection (a).
         (d)  This section does not apply to the governing body of an
  open-enrollment charter school that:
               (1)  is designated as a dropout recovery school under
  Section 12.1141(c);
               (2)  specializes in one or more performing arts; or
               (3)  serves another special purpose and limits
  enrollment to students with specific characteristics related to
  that purpose.
         SECTION 3.  (a) Section 12.1173, Education Code, as added by
  this Act, applies to each open-enrollment charter school authorized
  under Subchapter D, Chapter 12, Education Code. A school in
  operation before the 2018-2019 school year shall achieve the
  required student body composition by not later than the start of the
  2021-2022 school year. A school that begins operation during or
  after the 2018-2019 school year shall achieve the required student
  body composition beginning with the first school year of operation.
         (b)  Section 12.1173, Education Code, as added by this Act,
  does not affect the ability of a student enrolled in an
  open-enrollment charter school during the 2017-2018 school year to
  continue attending that school as long as the student maintains
  enrollment during consecutive school years.
         (c)  A sibling of a student described by Subsection (b) of
  this section who seeks admission for any school year to the same
  open-enrollment charter school as attended by the student described
  by Subsection (b) during the 2017-2018 school year shall be
  considered for purposes of admission as a student who resides in the
  attendance zone of the school district within the boundaries of
  which the school is located, regardless of the student's actual
  residence.
         SECTION 4.  This Act applies beginning with the 2018-2019
  school year.
         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 on the 91st day after the last day of the
  legislative session.
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