Bill Text: TX HB97 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the admission policy of an open-enrollment charter school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-05-11 - Committee report sent to Calendars [HB97 Detail]
Download: Texas-2021-HB97-Comm_Sub.html
87R18553 MEW-D | |||
By: Hinojosa | H.B. No. 97 | ||
Substitute the following for H.B. No. 97: | |||
By: Dutton | C.S.H.B. No. 97 |
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relating to the admission policy of an open-enrollment charter | ||
school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.111, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) Each charter granted under this subchapter must: | ||
(1) describe the educational program to be offered, | ||
which must include the required curriculum as provided by Section | ||
28.002; | ||
(2) provide that continuation of the charter is | ||
contingent on the status of the charter as determined under Section | ||
12.1141 or 12.115 or under Chapter 39A; | ||
(3) specify the academic, operational, and financial | ||
performance expectations by which a school operating under the | ||
charter will be evaluated, which must include applicable elements | ||
of the performance frameworks adopted under Section 12.1181; | ||
(4) specify: | ||
(A) any basis, in addition to a basis specified | ||
by this subchapter or Chapter 39A, on which the charter may be | ||
revoked, renewal of the charter may be denied, or the charter may be | ||
allowed to expire; and | ||
(B) the standards for evaluation of a school | ||
operating under the charter for purposes of charter renewal, denial | ||
of renewal, expiration, revocation, or other intervention in | ||
accordance with Section 12.1141 or 12.115 or Chapter 39A, as | ||
applicable; | ||
(5) prohibit discrimination in admission policy on the | ||
basis of sex, national origin, ethnicity, religion, disability, | ||
discipline history, academic, artistic, or athletic ability, or the | ||
district the child would otherwise attend in accordance with this | ||
code, although the charter may: | ||
(A) provide for the exclusion of a student who is | ||
currently: | ||
(i) placed in a disciplinary alternative | ||
education program or a juvenile justice alternative education | ||
program; or | ||
(ii) subject to an order of expulsion from a | ||
school district or open-enrollment charter school [ |
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(B) provide for an admission policy that requires | ||
a student to demonstrate artistic ability if the school specializes | ||
in performing arts; | ||
(6) specify the grade levels to be offered; | ||
(7) describe the governing structure of the program, | ||
including: | ||
(A) the officer positions designated; | ||
(B) the manner in which officers are selected and | ||
removed from office; | ||
(C) the manner in which members of the governing | ||
body of the school are selected and removed from office; | ||
(D) the manner in which vacancies on that | ||
governing body are filled; | ||
(E) the term for which members of that governing | ||
body serve; and | ||
(F) whether the terms are to be staggered; | ||
(8) specify the powers or duties of the governing body | ||
of the school that the governing body may delegate to an officer; | ||
(9) specify the manner in which the school will | ||
distribute to parents information related to the qualifications of | ||
each professional employee of the program, including any | ||
professional or educational degree held by each employee, a | ||
statement of any certification under Subchapter B, Chapter 21, held | ||
by each employee, and any relevant experience of each employee; | ||
(10) describe the process by which the person | ||
providing the program will adopt an annual budget; | ||
(11) describe the manner in which an annual audit of | ||
the financial and programmatic operations of the program is to be | ||
conducted, including the manner in which the person providing the | ||
program will provide information necessary for the school district | ||
in which the program is located to participate, as required by this | ||
code or by commissioner rule, in the Public Education Information | ||
Management System (PEIMS); | ||
(12) describe the facilities to be used; | ||
(13) describe the geographical area served by the | ||
program; | ||
(14) specify any type of enrollment criteria to be | ||
used; | ||
(15) provide information, as determined by the | ||
commissioner, relating to any management company that will provide | ||
management services to a school operating under the charter; and | ||
(16) specify that the governing body of an | ||
open-enrollment charter school accepts and may not delegate | ||
ultimate responsibility for the school, including the school's | ||
academic performance and financial and operational viability, and | ||
is responsible for overseeing any management company providing | ||
management services for the school and for holding the management | ||
company accountable for the school's performance. | ||
(a-1) Notwithstanding Subsection (a)(5), a charter granted | ||
under this subchapter may provide for the exclusion of a student | ||
from an open-enrollment charter school campus that includes a | ||
child-care facility based on the student's conviction for a | ||
criminal offense that would preclude the student from being | ||
admitted to a school district campus that includes a child-care | ||
facility. | ||
SECTION 2. This Act applies beginning with the 2021-2022 | ||
school year. | ||
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, 2021. |