Bill Text: TX SB2293 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the applicability of certain laws to and admission procedures for open-enrollment charter schools.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [SB2293 Detail]
Download: Texas-2019-SB2293-Enrolled.html
S.B. No. 2293 |
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relating to the applicability of certain laws to and admission | ||
procedures for open-enrollment charter schools. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.1058(c), Education Code, is amended | ||
to read as follows: | ||
(c) Notwithstanding Subsection (a) or (b), an | ||
open-enrollment charter school operated by a tax exempt entity as | ||
described by Section 12.101(a)(3) is not considered to be a | ||
political subdivision, local government, or local governmental | ||
entity unless: | ||
(1) the applicable statute specifically states that | ||
the statute applies to an open-enrollment charter school; or | ||
(2) a provision in this chapter states that a specific | ||
statute applies to an open-enrollment charter school. | ||
SECTION 2. Section 12.117(a), Education Code, is amended to | ||
read as follows: | ||
(a) For admission to an open-enrollment charter school, the | ||
governing body of the school shall: | ||
(1) require the applicant to complete and submit the | ||
common admission [ |
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not later than a reasonable deadline the school establishes; and | ||
(2) on receipt of more acceptable applications for | ||
admission under this section than available positions in the | ||
school: | ||
(A) fill the available positions by lottery; or | ||
(B) subject to Subsection (b), fill the available | ||
positions in the order in which applications received before the | ||
application deadline were received. | ||
SECTION 3. Section 12.1171, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1171. ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS | ||
SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117, | ||
the governing body of an open-enrollment charter school that | ||
specializes in one or more performing arts may require an applicant | ||
to audition for admission to the school in addition to completing | ||
and submitting the common admission application form under Section | ||
12.1173. | ||
SECTION 4. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Sections 12.1173 and 12.1174 to read as follows: | ||
Sec. 12.1173. COMMON ADMISSION APPLICATION FORM; WAITING | ||
LIST FOR ADMISSION. (a) The commissioner by rule shall adopt a | ||
common admission application form for use by an applicant for | ||
admission to an open-enrollment charter school that provides for | ||
the submission of information that the commissioner considers | ||
appropriate. | ||
(b) The form adopted under this section may not: | ||
(1) advertise or otherwise promote any person or | ||
open-enrollment charter school; or | ||
(2) solicit money, goods, or services from an | ||
applicant. | ||
(c) The commissioner shall publicize the availability of | ||
the form adopted under this section, including by posting the form | ||
on the agency's Internet website. | ||
(d) The commissioner by rule shall adopt guidelines for an | ||
open-enrollment charter school that receives more acceptable | ||
applications for admission than available positions at the school | ||
to create and manage a waiting list each school year for applicants | ||
who are not admitted. | ||
(e) The commissioner shall adopt any other rules as | ||
necessary to implement this section, including rules to ensure 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. | ||
Sec. 12.1174. ENROLLMENT AND WAITING LIST REPORT. (a) Not | ||
later than the last Friday in October of each school year, in the | ||
form prescribed by commissioner rule, the governing body of a | ||
charter holder shall report to the agency for that school year: | ||
(1) the following information for each campus | ||
operating under the charter holder's charter: | ||
(A) the number of students enrolled; | ||
(B) the enrollment capacity; and | ||
(C) if a charter holder uses a waiting list for | ||
admission to a campus: | ||
(i) the total number of students on the | ||
waiting list; and | ||
(ii) the number of students on the waiting | ||
list disaggregated by grade level; | ||
(2) the information described by Subdivision (1) | ||
aggregated for all campuses operating under the charter holder's | ||
charter; and | ||
(3) any information required by the commissioner as | ||
necessary to identify each student admitted to or on a waiting list | ||
for admission to a campus operating under the charter holder's | ||
charter who is or was previously enrolled in a public school in this | ||
state. | ||
(b) From information provided to the commissioner by each | ||
charter holder under this subchapter, the commissioner shall | ||
identify each group of charter holders considered by the | ||
commissioner to be corporate affiliates or substantially related | ||
charter holders. Using the information reported under Subsections | ||
(a)(1) and (2), the agency shall aggregate the information for each | ||
group of charter holders identified by the commissioner under this | ||
subsection. | ||
(c) Not later than March 15 of each year, the commissioner | ||
shall post on the agency's Internet website: | ||
(1) the information reported by charter holders under | ||
Subsections (a)(1) and (2); and | ||
(2) the information aggregated by the agency under | ||
Subsection (b). | ||
(d) The commissioner shall adopt rules as necessary to | ||
implement this section, including rules to ensure this section | ||
complies with federal law regarding confidentiality of student | ||
educational information, including 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. | ||
SECTION 5. Chapter 617, Government Code, is amended by | ||
adding Section 617.0025 to read as follows: | ||
Sec. 617.0025. APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT | ||
CHARTER SCHOOL. (a) An open-enrollment charter school | ||
established under Subchapter D, Chapter 12, Education Code, is a | ||
political subdivision for purposes of this chapter. | ||
(b) A member of the governing body of a charter holder, a | ||
member of the governing body of an open-enrollment charter school, | ||
and an officer of an open-enrollment charter school are considered | ||
to be officials of a political subdivision and an employee of an | ||
open-enrollment charter school is considered to be a public | ||
employee under this chapter. | ||
SECTION 6. Sections 12.117 and 12.1171, Education Code, as | ||
amended by this Act, and Section 12.1174, Education Code, as added | ||
by this Act, apply beginning with the 2020-2021 school year. | ||
SECTION 7. Not later than January 1, 2020, the commissioner | ||
of education shall adopt a common admission application form, | ||
waiting list guidelines, and any other rules as necessary to | ||
implement Sections 12.1173 and 12.1174, Education Code, as added by | ||
this Act. | ||
SECTION 8. With respect to Section 617.0025, Government | ||
Code, as added by this Act, if an open-enrollment charter school | ||
entered into a collective bargaining contract with a labor | ||
organization before the effective date of this Act, Chapter 617, | ||
Government Code, does not apply during the term of that contract. A | ||
collective bargaining contract entered into before the effective | ||
date of this Act may not be renewed. | ||
SECTION 9. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2293 passed the Senate on | ||
May 1, 2019, by the following vote: Yeas 22, Nays 9; and that the | ||
Senate concurred in House amendment on May 23, 2019, by the | ||
following vote: Yeas 25, Nays 6. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2293 passed the House, with | ||
amendment, on May 21, 2019, by the following vote: Yeas 95, | ||
Nays 46, three present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |