Bill Text: TX HB2760 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the requirements for an application for or a request for the revision of a charter for an open-enrollment charter school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-09 - Left pending in committee [HB2760 Detail]
Download: Texas-2019-HB2760-Introduced.html
86R9007 TSS-F | ||
By: Allison | H.B. No. 2760 |
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relating to the requirements for an application for or a request for | ||
the revision of a charter for an open-enrollment charter school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.1012, Education Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Expansion amendment" means an amendment to the | ||
charter of an open-enrollment charter school that permits the | ||
school to increase its maximum allowable enrollment, extend the | ||
grade levels it serves, change its geographic boundaries, or add a | ||
campus or site. | ||
SECTION 2. Section 12.110(d), Education Code, is amended to | ||
read as follows: | ||
(d) The commissioner shall approve or deny an application | ||
based on: | ||
(1) documented evidence collected through the | ||
application review process; | ||
(2) merit; [ |
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(3) the impact report prepared by the commissioner | ||
under Section 12.1102; and | ||
(4) other criteria as adopted by the commissioner, | ||
which must include: | ||
(A) criteria relating to the capability of the | ||
applicant to carry out the responsibilities provided by the charter | ||
and the likelihood that the applicant will operate a school of high | ||
quality; and | ||
(B) criteria relating to improving student | ||
performance and encouraging innovative programs[ |
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SECTION 3. Section 12.1101, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
REQUEST FOR EXPANSION [ |
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by rule shall adopt a procedure for providing notice to the | ||
following persons on receipt by the commissioner of an application | ||
for a charter for an open-enrollment charter school under Section | ||
12.110 or a request for approval of an expansion amendment to a | ||
charter under Section 12.114 [ |
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(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 commissioner; and | ||
(2) each member of the legislature that represents the | ||
geographic area to be served by the proposed school or campus, as | ||
determined by the commissioner. | ||
SECTION 4. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Section 12.1102 to read as follows: | ||
Sec. 12.1102. IMPACT REPORT OF NEW OPEN-ENROLLMENT CHARTER | ||
SCHOOL OR CAMPUS. (a) Before the commissioner may approve an | ||
application for a charter for an open-enrollment charter school | ||
under Section 12.110 or a request for an expansion amendment to a | ||
charter under Section 12.114, the applicant or charter holder must | ||
provide notice as required by Section 12.1101. | ||
(b) A school district whose enrollment may be affected by a | ||
new open-enrollment charter school or expansion of an existing | ||
charter may submit a written statement to the commissioner stating | ||
the impact the new school or expansion of the charter will have on | ||
the school district. The commissioner must allow a school district | ||
to submit a statement as provided by this section not less than 60 | ||
days after the date the school received notice of the new school or | ||
charter expansion. | ||
(c) The commissioner must issue an impact report on the | ||
application for the new charter or the expansion of an existing | ||
charter that includes: | ||
(1) if applicable, an evaluation of the proximity of | ||
the proposed location of the new open-enrollment charter school or | ||
campus to existing school district campuses and the ability of | ||
local communities to support a new open-enrollment charter school | ||
or campus; | ||
(2) an analysis of the educational effects on school | ||
district campuses, including the availability and duplication of | ||
programs, services, and resources; | ||
(3) information regarding any financial burden that a | ||
loss in student enrollment may cause a school district or district | ||
campus; | ||
(4) a summary of and response to any concern raised by | ||
a school district or the public; | ||
(5) a fiscal statement estimating costs for a | ||
five-year period beginning the first day a new open-enrollment | ||
charter school or campus begins classes, including costs relating | ||
to: | ||
(A) state revenue; and | ||
(B) local school district revenue, including the | ||
impact on Foundation School Program funding, equalized wealth | ||
levels, and bonded indebtedness; and | ||
(6) any written statement by a school district | ||
received under Subsection (b). | ||
(d) Not later than the 15th business day before the date the | ||
commissioner holds a public hearing under Section 12.110 or | ||
approves an application for a charter for an open-enrollment | ||
charter school under Section 12.110 or a request for an expansion | ||
amendment to a charter under Section 12.114, the commissioner | ||
shall: | ||
(1) make the impact report under Subsection (c) | ||
available to the public on the agency's Internet website; and | ||
(2) provide a copy of the impact report to: | ||
(A) the applicant or charter holder; and | ||
(B) the parties required to receive notice under | ||
Section 12.1101. | ||
(e) Not later than December 1 of each year, the Legislative | ||
Budget Board shall submit a report to the governor and the | ||
legislature documenting the financial impact of open-enrollment | ||
charter schools on the state budget and on local school districts, | ||
including the effect on school districts required to take action | ||
under Chapter 41 to reduce equalized wealth levels. | ||
SECTION 5. Section 12.114, Education Code, is amended by | ||
amending Subsections (a) and (c) and adding Subsection (a-1) 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 commissioner, in | ||
coordination with a member of the State Board of Education | ||
designated for the purpose by the chair of the board. | ||
(a-1) The commissioner shall notify the State Board of | ||
Education of each request for revision the commissioner proposes to | ||
grant under this subchapter. Unless, before the 90th day after the | ||
date on which the board receives the notice from the commissioner, a | ||
majority of the members of the board present and voting vote against | ||
the revision of the charter, the commissioner's proposal to grant | ||
the revision to the charter takes effect. The board may not | ||
deliberate or vote on any revision to a charter that is not proposed | ||
by the commissioner. | ||
(c) Not later than 14 months [ |
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that a charter holder submits to the commissioner a completed | ||
request for approval for an expansion amendment, [ |
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commissioner shall provide to the charter holder written notice of | ||
approval or disapproval of the amendment. | ||
SECTION 6. Section 12.101(b-4), Education Code, is | ||
repealed. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
an application for a charter for an open-enrollment charter school | ||
or a request for approval of a revision to the charter of an | ||
open-enrollment charter school submitted on or after the effective | ||
date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |