Bill Text: TX HB39 | 2011 | 82nd Legislature 1st Special | Introduced

Texas House Bill 39 (Prior Session Legislation)

Introduced

Bill Title: Relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2011-06-02 - Referred to Public Education [HB39 Detail]

Download: Texas-2011-HB39-Introduced.html



	By: Shelton	H.B. No. 39



	A BILL TO BE ENTITLED
	AN ACT
	relating to revising, revoking, or denying renewal of charters of
	open-enrollment charter schools under certain circumstances.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter D, Chapter 12, Education Code, is
	amended by adding Section 12.1141 to read as follows:
	Sec. 12.1141. REVISION: ADDING SCHOOLS UNDER CERTAIN
	CIRCUMSTANCES. (a) Except as provided by Subsection (b), the
	commissioner may not deny approval for a charter holder to add one
	or more additional open-enrollment charter schools under an
	existing open-enrollment charter granted to the charter holder if:
	(1) considering available data, the charter holder
	meets all criteria established by rule for adding a charter school
	under an existing charter other than criteria for performance based
	on dropout and completion rates of one or more existing charter
	schools under the charter and the charter holder demonstrates
	through a process developed by the agency that those criteria would
	be met if:
	(A) a student enrolled at the charter school who
	is at least 17 years of age at the time of enrollment were not
	considered a dropout; and
	(B) a student who graduates from the charter
	school before or during the student's sixth year of high school were
	considered a high school graduate;
	(2) the charter holder, at the time of submission of
	the application for approval to add one or more additional charter
	schools, has been assigned a financial accountability rating under
	Subchapter D, Chapter 39, indicating financial performance that is
	satisfactory or better; and
	(3) each additional charter school:
	(A) will serve only high school students;
	(B) will have an enrollment of students of whom
	at least 50 percent did not graduate with a ninth grade cohort; and
	(C) will be in the geographical area described
	for the charter under Section 12.111(a)(14).
	(b) The commissioner may not approve a total of more than 10
	additional charter schools under Subsection (a). The commissioner
	may, in accordance with commissioner rule, limit the enrollment of
	an additional charter school as necessary to conform to the
	capacity limits of the charter holder or the demand for services in
	the geographical area, as determined by the commissioner, but may
	not limit the enrollment of an additional charter school to less
	than the number of students currently enrolled at the high school
	level at a charter school operated by the charter holder that
	focuses on dropout recovery.
	(c) This section expires September 1, 2013.
	SECTION 2. Subchapter D, Chapter 12, Education Code, is
	amended by adding Section 12.1151 to read as follows:
	Sec. 12.1151. LIMITATION ON REVOCATION OR DENIAL OF RENEWAL
	FOR CERTAIN CHARTER SCHOOLS. (a) This section applies only to an
	open-enrollment charter school that has an enrollment of students
	of whom at least 50 percent did not graduate with a ninth grade
	cohort.
	(b) The commissioner may not revoke or deny renewal of the
	charter of an open-enrollment charter school to which this section
	applies if:
	(1) considering available data, the charter holder
	meets all criteria established by rule for adding a charter school
	under an existing charter other than criteria for performance based
	on dropout and completion rates of one or more existing charter
	schools under the charter and the charter holder demonstrates
	through a process developed by the agency that those criteria would
	be met if:
	(A) a student enrolled at the charter school who
	is at least 17 years of age at the time of enrollment were not
	considered a dropout; and
	(B) a student who graduates from the charter
	school before or during the student's sixth year of high school were
	considered a high school graduate; and
	(2) the charter holder, at the time the ratings appeal
	is filed, has been assigned a financial accountability rating under
	Subchapter D, Chapter 39, that indicates financial performance that
	is satisfactory or better.
	(c) This section expires September 1, 2013.
	SECTION 3. 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 September 1, 2011.