Bill Text: TX HB672 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the establishment, operation, and funding of open-enrollment charter schools primarily serving students with disabilities.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2013-02-18 - Referred to Public Education [HB672 Detail]
Download: Texas-2013-HB672-Introduced.html
| 83R4260 JSL-F | ||
| By: Ratliff | H.B. No. 672 | |
|
|
||
|
|
||
| relating to the establishment, operation, and funding of | ||
| open-enrollment charter schools primarily serving students with | ||
| disabilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 12, Education Code, is | ||
| amended by adding Sections 12.1011 and 12.1062 to read as follows: | ||
| Sec. 12.1011. AUTHORIZATION FOR GRANT OF CHARTERS FOR | ||
| SCHOOLS PRIMARILY SERVING STUDENTS WITH DISABILITIES. (a) The | ||
| State Board of Education may grant under Section 12.101 a charter on | ||
| the application of an eligible entity for an open-enrollment | ||
| charter school intended primarily to serve students eligible to | ||
| receive services under Subchapter A, Chapter 29. | ||
| (b) The limit on the number of open-enrollment charter | ||
| schools imposed by Section 12.101(b) does not apply to a charter | ||
| granted under this section to a school at which at least 50 percent | ||
| of the students are eligible to receive services under Subchapter | ||
| A, Chapter 29. | ||
| (c) For purposes of the applicability of state and federal | ||
| law, including a law prescribing requirements concerning students | ||
| with disabilities, an open-enrollment charter school described by | ||
| Subsection (a) is considered the same as any other school for which | ||
| a charter is granted under Section 12.101. | ||
| (d) To the fullest extent permitted under federal law, a | ||
| parent of a student with a disability may choose to enroll the | ||
| parent's child in an open-enrollment charter school described by | ||
| Subsection (a) regardless of whether a disproportionate number of | ||
| the school's students are students with disabilities. | ||
| (e) This section does not authorize an open-enrollment | ||
| charter school to discriminate in admissions or in the services | ||
| provided based on the presence, absence, or nature of an | ||
| applicant's or student's disability. | ||
| (f) Each educator, including a person performing the duties | ||
| of a superintendent, employed or under contract to serve on the | ||
| instructional or administrative staff of an open-enrollment | ||
| charter school described by Subsection (a) must hold the | ||
| appropriate certificate, as determined in accordance with State | ||
| Board for Educator Certification rule, to serve students with a | ||
| disability of the same type as a disability of students enrolled in | ||
| the school. | ||
| (g) The commissioner and the State Board for Educator | ||
| Certification shall adopt rules as necessary to administer this | ||
| section. | ||
| Sec. 12.1062. FUNDING FOR CHARTER SCHOOLS PRIMARILY SERVING | ||
| STUDENTS WITH DISABILITIES. A charter holder granted a charter | ||
| under Section 12.1011 is entitled to receive for the | ||
| open-enrollment charter school the sum of: | ||
| (1) funding under Chapter 42 equal to 105 percent of | ||
| the amount of funding per student that the charter holder is | ||
| entitled to receive under Section 12.106 for students receiving | ||
| special education services under Subchapter A, Chapter 29; | ||
| (2) funding under Chapter 42 that the charter holder | ||
| is entitled to receive under Section 12.106 for students not | ||
| receiving special education services under Subchapter A, Chapter | ||
| 29; and | ||
| (3) federal funds a student is eligible for under the | ||
| Individuals with Disabilities Education Act (20 U.S.C. Section 1400 | ||
| et seq.). | ||
| SECTION 2. This Act applies beginning with the 2014-2015 | ||
| school year. | ||
| SECTION 3. The State Board of Education is required to | ||
| implement this Act only if the legislature appropriates money | ||
| specifically for that purpose. If the legislature does not | ||
| appropriate money specifically for that purpose, the board may, but | ||
| it is not required to, implement this Act using other | ||
| appropriations available for that purpose. | ||
| SECTION 4. 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. | ||
