Bill Text: TX HB645 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to authorization for granting, in response to petitions by parents, campus charters for certain public school campuses identified as unacceptable.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-02-14 - Referred to Public Education [HB645 Detail]
Download: Texas-2013-HB645-Introduced.html
83R1202 CAS-F | ||
By: Patrick | H.B. No. 645 |
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relating to authorization for granting, in response to petitions by | ||
parents, campus charters for certain public school campuses | ||
identified as unacceptable. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 12, Education Code, is | ||
amended by adding Section 12.0522 to read as follows: | ||
Sec. 12.0522. AUTHORIZATION FOR CAMPUS IDENTIFIED AS | ||
UNACCEPTABLE. (a) This section applies only to a school district | ||
campus that: | ||
(1) has been assigned an unacceptable performance | ||
rating as provided by Subchapter C, Chapter 39, for two consecutive | ||
school years; and | ||
(2) is located in a county that: | ||
(A) has a population of one million or more; or | ||
(B) is contiguous to a county that has a | ||
population of one million or more. | ||
(b) Notwithstanding Section 12.052, in accordance with this | ||
subchapter, the board of trustees of a school district may, with the | ||
approval of the commissioner, grant a charter for a campus to an | ||
entity that is a charter holder under Subchapter D or E and is | ||
eligible under Subsection (c), if the board is presented with a | ||
petition signed by the parents of a majority of the students at the | ||
campus. For purposes of this subsection, the signature of only one | ||
parent of a student is required. | ||
(c) An entity that holds a charter under Subchapter D or E is | ||
eligible under this section to be granted a charter for a campus if: | ||
(1) the charter holder: | ||
(A) is evaluated for purposes of Chapter 39 under | ||
the agency's standard accountability procedures; | ||
(B) has an accreditation status of accredited | ||
under Subchapter C, Chapter 39; and | ||
(C) has been assigned an acceptable performance | ||
rating as provided by Subchapter C, Chapter 39, for each of the | ||
preceding three school years; | ||
(2) either no campus operating under the charter has | ||
been assigned an unacceptable performance rating as provided by | ||
Subchapter C, Chapter 39, for any of the three preceding school | ||
years or such a campus has been closed; | ||
(3) the charter holder has been assigned a financial | ||
accountability rating under Subchapter D, Chapter 39, indicating | ||
financial performance that is satisfactory or better; and | ||
(4) at least 25 percent of students enrolled in | ||
charter schools operating under the charter achieved the highest | ||
level of performance on reading and mathematics assessment | ||
instruments under Chapter 39 during the preceding two school years. | ||
(c-1) This subsection expires January 1, 2015. For purposes | ||
of Subsection (c): | ||
(1) a charter holder or charter school rated as | ||
academically acceptable or higher under Subchapter D or E, Chapter | ||
39, as that subchapter existed January 1, 2009, for the 2010-2011 | ||
school year is considered to have been assigned an acceptable | ||
performance rating for the 2010-2011 school year; and | ||
(2) a charter school rated as academically | ||
unacceptable under Subchapter D or E, Chapter 39, as that | ||
subchapter existed January 1, 2009, for the 2010-2011 school year | ||
is considered to have been assigned an unacceptable performance | ||
rating for the 2010-2011 school year. | ||
(d) The board of trustees of a school district that is | ||
presented with a petition described by Subsection (b) shall appoint | ||
an interview committee composed of district teachers, including | ||
teachers at the campus for which the petition is submitted, other | ||
district personnel, campus parents, and local business and | ||
community members to advise and make recommendations to the board | ||
concerning granting a charter under this section. | ||
(e) In addition to satisfying requirements under Section | ||
12.059, a charter granted under this section must describe the | ||
respective responsibilities of the school district granting the | ||
charter and charter holder concerning funding, operation and | ||
maintenance of facilities, transportation, personnel, | ||
instructional materials, and other matters as determined by the | ||
board of trustees of the district and the charter holder. A charter | ||
under this section must be for a term of at least three years. | ||
(f) The commissioner may not approve more than five charters | ||
under this section. | ||
SECTION 2. Section 12.057(c), Education Code, is amended to | ||
read as follows: | ||
(c) A campus or program granted a charter under Section | ||
12.052, 12.0521(a)(1), 12.0522, or 12.053 is immune from liability | ||
to the same extent as a school district, and its employees and | ||
volunteers are immune from liability to the same extent as school | ||
district employees and volunteers. | ||
SECTION 3. Section 39.107, Education Code, is amended by | ||
amending Subsections (a), (c), and (e) and adding Subsections (a-2) | ||
and (b-3) to read as follows: | ||
(a) After a campus has been identified as unacceptable for | ||
two consecutive school years, the commissioner shall order the | ||
reconstitution of the campus unless the board of trustees of the | ||
school district in which the campus is located grants a charter for | ||
the campus under Section 12.0522. | ||
(a-2) If a charter is granted for a campus under Section | ||
12.0522, the board of trustees of the school district and | ||
appropriate district administrators may assist the campus in: | ||
(1) developing an updated targeted improvement plan; | ||
(2) presenting the plan in a public hearing, in the | ||
manner provided by Section 39.106(e-1); | ||
(3) obtaining approval of the updated plan from the | ||
commissioner; and | ||
(4) executing the plan on approval by the | ||
commissioner. | ||
(b-3) Subsections (b), (b-1), and (b-2) do not apply to a | ||
campus granted a charter under Section 12.0522. | ||
(c) A campus that is reconstituted under this section or to | ||
which the board of trustees of a school district grants a charter | ||
under Section 12.0522 [ |
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the updated targeted improvement plan as approved by the | ||
commissioner. The commissioner may appoint a monitor, conservator, | ||
management team, or board of managers to the district to ensure and | ||
oversee district-level support to low-performing campuses and the | ||
implementation of the updated targeted improvement plan. In making | ||
appointments under this subsection, the commissioner shall | ||
consider individuals who have demonstrated success in managing | ||
campuses with student populations similar to the campus at which | ||
the individual appointed will serve. | ||
(e) If a campus is considered to have an unacceptable | ||
performance rating for three consecutive school years after the | ||
campus is reconstituted under Subsection (a) or granted a charter | ||
under Section 12.0522, the commissioner, subject to Subsection | ||
(e-1) or (e-2), shall order: | ||
(1) repurposing of the campus under this section; | ||
(2) alternative management of the campus under this | ||
section; or | ||
(3) closure of the campus. | ||
SECTION 4. This Act applies beginning with the 2013-2014 | ||
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 September 1, 2013. |