Bill Text: TX HB3198 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the regulation of open-enrollment charter schools and requiring a study comparing and evaluating certain characteristics of open-enrollment charter schools and school districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-13 - Referred to Public Education [HB3198 Detail]
Download: Texas-2019-HB3198-Introduced.html
86R13277 SOS-D | ||
By: González of El Paso | H.B. No. 3198 |
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relating to the regulation of open-enrollment charter schools and | ||
requiring a study comparing and evaluating certain characteristics | ||
of open-enrollment charter schools and school districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 7, Education Code, is | ||
amended by adding Section 7.067 to read as follows: | ||
Sec. 7.067. OPEN-ENROLLMENT CHARTER SCHOOL IMPACT REPORT. | ||
(a) The commissioner shall conduct a study to evaluate: | ||
(1) the relative enrollment characteristics of | ||
open-enrollment charter schools and school districts; and | ||
(2) the financial impact of open-enrollment charter | ||
schools on school districts required to take action under Chapter | ||
41 to reduce district wealth per student to the equalized wealth | ||
level. | ||
(b) Each school district and open-enrollment charter school | ||
shall submit to the commissioner any information, including | ||
information that is disaggregated with respect to designated | ||
categories, required by the commissioner to conduct the study under | ||
this section. | ||
(c) The study must: | ||
(1) compare open-enrollment charter schools to school | ||
districts with respect to the number of enrolled students who are: | ||
(A) eligible under Section 29.003 to participate | ||
in special education services; | ||
(B) identified as economically disadvantaged; or | ||
(C) placed in a disciplinary alternative | ||
education program or expelled; and | ||
(2) examine the financial impact of open-enrollment | ||
charter schools on school districts required to take action under | ||
Chapter 41 to reduce district wealth per student to the equalized | ||
wealth level by: | ||
(A) considering: | ||
(i) the adequacy of school and district | ||
educators and other employees necessary to achieve the state policy | ||
under Section 42.001; | ||
(ii) school and district performance, | ||
including student performance; and | ||
(iii) student demographics, including | ||
race, sex, ethnicity, and national origin; and | ||
(B) determining whether open-enrollment charter | ||
schools affect the standard of neutrality described by Section | ||
42.001(b) with respect to: | ||
(i) property wealth per weighted student; | ||
(ii) revenue per weighted student; | ||
(iii) tax effort; and | ||
(iv) revenue per cent of tax effort. | ||
(d) Not later than December 1, 2020, the commissioner shall | ||
prepare and submit to the governor, the lieutenant governor, the | ||
speaker of the house of representatives, and the presiding officer | ||
of each legislative standing committee with primary jurisdiction | ||
over primary and secondary education a written report containing | ||
the results of the study and any recommendations for legislative or | ||
other action. | ||
(e) The commissioner shall adopt rules to administer this | ||
section, including rules: | ||
(1) providing guidance regarding the format and manner | ||
for the submission of information under Subsection (b); and | ||
(2) ensuring that reporting under this section | ||
complies with federal law regarding confidentiality of student | ||
medical or educational information, including the Health Insurance | ||
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d | ||
et seq.) and the Family Educational Rights and Privacy Act of 1974 | ||
(20 U.S.C. Section 1232g), and any state law relating to the privacy | ||
of student information. | ||
(f) This section expires September 1, 2021. | ||
SECTION 2. Section 12.101, Education Code, is amended by | ||
amending Subsections (b-1) and (b-2) and adding Subsections (b-10) | ||
and (b-11) to read as follows: | ||
(b-1) Beginning September 1, 2019, and except as provided by | ||
Subsection (b-10) [ |
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(1) grant a charter for an open-enrollment charter | ||
school, including a school operating only a full-time online | ||
program [ |
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(2) approve an expansion amendment under Section | ||
12.114 [ |
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(b-2) Beginning September 1, 2021 [ |
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of charters for open-enrollment charter schools that may be granted | ||
is 305 charters. | ||
(b-10) Subsection (b-1) does not apply to a charter for 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) provides combined services for an adult education | ||
program and a high school dropout recovery program under Section | ||
12.137. | ||
(b-11) Subsections (b-1) and (b-10) and this subsection | ||
expire September 1, 2021. | ||
SECTION 3. Section 12.1011(a), Education Code, is amended | ||
to read as follows: | ||
(a) Notwithstanding Section 12.101(b) and beginning | ||
September 1, 2021, the commissioner may grant a charter for an | ||
open-enrollment charter school to an applicant that is: | ||
(1) an eligible entity under Section 12.101(a)(3) that | ||
proposes to operate the charter school program of a charter | ||
operator that operates one or more charter schools in another state | ||
and with which the eligible entity is affiliated and, as determined | ||
by the commissioner in accordance with commissioner rule, has | ||
performed at a level of performance comparable to performance under | ||
the highest or second highest performance rating category under | ||
Subchapter C, Chapter 39; or | ||
(2) an entity that has operated one or more charter | ||
schools established under this subchapter or Subchapter C or E and, | ||
as determined by the commissioner in accordance with commissioner | ||
rule, has performed in the highest or second highest performance | ||
rating category under Subchapter C, Chapter 39. | ||
SECTION 4. 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 5. Section 12.107(a), Education Code, is amended to | ||
read as follows: | ||
(a) Funds received under Section 12.106 after September 1, | ||
2001, by a charter holder: | ||
(1) are considered to be public funds for all purposes | ||
under state law; | ||
(2) are held in trust by the charter holder for the | ||
benefit of the students of the open-enrollment charter school; | ||
(3) may be used only for a purpose for which a school | ||
may use local funds under Section 45.105(c); [ |
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(4) pending their use, must be deposited into a bank, | ||
as defined by Section 45.201, with which the charter holder has | ||
entered into a depository contract; and | ||
(5) may not: | ||
(A) be pledged or used for marketing, | ||
advertising, or other activities to promote the charter holder or | ||
the open-enrollment charter school; or | ||
(B) be used to support an operation or activity | ||
not related to the educational activities of the charter holder. | ||
SECTION 6. Effective September 1, 2021, Section 12.110, | ||
Education Code, is amended by adding Subsection (d-1) to read as | ||
follows: | ||
(d-1) The commissioner shall deny an application for a | ||
charter for an open-enrollment charter school from an applicant | ||
that has submitted three or more applications for a charter under | ||
this section and has not received approval. | ||
SECTION 7. Section 12.1101, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [ |
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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 [ |
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(1) the board of trustees of each school district from | ||
which the proposed open-enrollment charter school [ |
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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 [ |
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determined by the commissioner. | ||
SECTION 8. Effective September 1, 2021, Section 12.114, | ||
Education Code, is amended by amending Subsection (a) 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. | ||
SECTION 9. Section 12.131, Education Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The commissioner by rule shall establish reporting | ||
procedures to require the governing body of an open-enrollment | ||
charter school to annually report to the commissioner information | ||
consistent with the information described by Section 37.020 | ||
regarding each student placement in a disciplinary alternative | ||
education program and each student expulsion. | ||
SECTION 10. Section 12.101(b-4), Education Code, is | ||
repealed. | ||
SECTION 11. (a) Section 12.110(d-1), Education Code, as | ||
added by this Act, and Section 12.114, Education Code, as amended 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 September 1, 2021. | ||
(b) As soon as practicable after the effective date of this | ||
Act, the commissioner of education shall adopt rules necessary to | ||
implement the changes in law made by this Act. | ||
SECTION 12. Except as otherwise provided by this Act, this | ||
Act takes effect September 1, 2019. |