Bill Text: TX SB2339 | 2019-2020 | 86th Legislature | Introduced

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Bill Title: Relating to the requirements for an application for or a request for the revision of a charter for an open-enrollment charter school.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2019-03-21 - Referred to Education [SB2339 Detail]

Download: Texas-2019-SB2339-Introduced.html

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86R13120 MP-D
By: West S.B. No. 2339

A BILL TO BE ENTITLED
AN ACT
relating to the requirements for an application for or a request for
the revision of a charter for an open-enrollment charter school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.1012, Education Code, is amended by
adding Subdivision (1-a) to read as follows:
(1-a) "Expansion amendment" means an amendment to the
charter of an open-enrollment charter school that permits the
school to increase its maximum allowable enrollment, extend the
grade levels it serves, change its geographic boundaries, or add a
campus or site.
SECTION 2. Section 12.110(d), Education Code, is amended to
read as follows:
(d) The commissioner shall approve or deny an application
based on:
(1) documented evidence collected through the
application review process;
(2) merit; [and]
(3) the impact report prepared by the commissioner
under Section 12.1103; and
(4) other criteria as adopted by the commissioner,
which must include:
(A) criteria relating to the capability of the
applicant to carry out the responsibilities provided by the charter
and the likelihood that the applicant will operate a school of high
quality; and
(B) criteria relating to improving student
performance and encouraging innovative programs[; and
[(C) a statement from any school district whose
enrollment is likely to be affected by the open-enrollment charter
school, including information relating to any financial difficulty
that a loss in enrollment may have on the district].
SECTION 3. Section 12.1101, Education Code, is amended to
read as follows:
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR
REQUEST FOR EXPANSION [ESTABLISHMENT OF CAMPUS]. (a) The
commissioner by rule shall adopt a procedure for providing notice
to the following persons on receipt by the commissioner of an
application for a charter for an open-enrollment charter school
under Section 12.110 or a request for approval of an expansion
amendment to a charter under Section 12.114 [of notice of the
establishment of a campus as authorized under Section 12.101(b-4)]:
(1) the board of trustees and superintendent of each
school district that:
(A) is located in or serves the geographic area
described in the charter application or request for an expansion
amendment; or
(B) is within 10 miles of the area described by
Paragraph (A) [from which the proposed open-enrollment charter
school or campus is likely to draw students, as determined by the
commissioner]; [and]
(2) each member of the legislature who [that]
represents the geographic area that includes a school district
described by Subdivision (1); and
(3) each member of the State Board of Education [to be
served by the proposed school or campus, as determined by the
commissioner].
(b) A notice provided under Subsection (a) must:
(1) be provided at least 18 months before the date the
school or campus is proposed to open or expand; and
(2) describe the location or proposed location of the
school or campus with sufficient specificity to allow each school
district described by Subsection (a)(1) to adequately anticipate
the potential impact on enrollment at each district campus as a
result of the establishment of the new school or campus or expansion
of the existing school or campus.
(c) For purposes of Subsection (b)(2), a notice is
considered to describe a location or proposed location with
sufficient specificity if the notice specifies a physical address
or zip code and school district in which the new or expanded school
or campus will likely be located.
(d) The agency shall post to its Internet website:
(1) if applicable, each notice as provided to the
agency under Section 12.1102 of a public hearing not later than the
10th business day before the date of the hearing; and
(2) the notice required by Subsection (a), and copies
of any requested expansion amendment, not later than the fifth
business day after the date the submission is received by the
commissioner.
SECTION 4. Subchapter D, Chapter 12, Education Code, is
amended by adding Sections 12.1102 and 12.1103 to read as follows:
Sec. 12.1102. REQUIREMENT TO REQUEST PUBLIC HEARING IN
CERTAIN CIRCUMSTANCES. (a) The commissioner by rule shall require
as part of the process to apply for a charter or to request approval
for an expansion amendment that the charter applicant or charter
holder include evidence showing that the charter applicant or
charter holder requested that each board of trustees of each school
district described by Section 12.1101(a)(1) hold a public hearing
with an opportunity for public comment regarding the establishment
of the new school or campus or expansion of an existing school or
campus.
(b) Each school district board of trustees that schedules a
hearing under Subsection (a) shall:
(1) post notice on the district's Internet website;
and
(2) provide a copy of the notice to the agency not
later than the 15th day before the date of the hearing.
Sec. 12.1103. IMPACT REPORT OF NEW OPEN-ENROLLMENT CHARTER
SCHOOL OR CAMPUS. (a) Before the commissioner may approve an
application for a charter for an open-enrollment charter school
under Section 12.110 or a request for an expansion amendment to a
charter under Section 12.114, the applicant or charter holder must
provide notice as required by Section 12.1101.
(b) A school district whose enrollment may be affected by a
new open-enrollment charter school or expansion of an existing
charter may submit a written statement to the commissioner stating
the impact the new school or expansion of the charter will have on
the school district. The commissioner must allow a school district
to submit a statement as provided by this section not later than the
60th day after the date the school received notice of the new school
or charter expansion.
(c) The commissioner must issue an impact report on the
application for the new charter or the expansion of an existing
charter that includes:
(1) a summary of and response to any concern raised by
a school district;
(2) if applicable, an evaluation of the proximity of
the proposed location of the new open-enrollment charter school or
campus to existing school district campuses and the ability of
local communities to support a new open-enrollment charter school
or campus;
(3) information regarding any financial burden that a
loss in student enrollment may cause a school district or district
campus; and
(4) a fiscal statement estimating costs for a
five-year period beginning the first day a new open-enrollment
charter school or campus begins classes, including costs relating
to:
(A) state revenue; and
(B) local school district revenue, including the
impact on Foundation School Program funding and equalized wealth
levels.
(d) Not later than the 15th business day before the date the
commissioner approves an application for a charter for an
open-enrollment charter school under Section 12.110 or a request
for an expansion amendment to a charter under Section 12.114, the
commissioner shall:
(1) make the impact report under Subsection (c)
available to the public in a prominent display on the agency's
Internet website; and
(2) provide a copy of the impact report to:
(A) the applicant or charter holder; and
(B) the parties required to receive notice under
Section 12.1101.
(e) Not later than December 31 of each year, the Legislative
Budget Board shall submit a report to the governor and the
legislature documenting the financial impact of open-enrollment
charter schools on:
(1) the state budget;
(2) school districts, including the effect on school
districts required to take action under Chapter 41 to reduce
equalized wealth levels; and
(3) public education.
SECTION 5. Section 12.114, Education Code, is amended by
adding Subsection (a-1) and amending Subsection (c) to read as
follows:
(a-1) The commissioner shall notify the State Board of
Education of each request for revision the commissioner proposes to
grant under this subchapter. Unless, before the 90th day after the
date on which the board receives the notice from the commissioner, a
majority of the members of the board present and voting vote against
the revision of the charter, the commissioner's proposal to grant
the revision to the charter takes effect. The board may not
deliberate or vote on any revision to a charter that is not proposed
by the commissioner.
(c) Not later than 14 months [the 60th day] after the date
that a charter holder submits to the commissioner a completed
request for approval for an expansion amendment, [as defined by
commissioner rule, including a new school amendment,] the
commissioner shall provide to the charter holder written notice of
approval or disapproval of the amendment.
SECTION 6. Section 12.101(b-4), Education Code, is
repealed.
SECTION 7. The changes in law made by this Act apply only to
an application for a charter for an open-enrollment charter school
or a request for approval of a revision to the charter of an
open-enrollment charter school submitted on or after the effective
date of this Act.
SECTION 8. This Act takes effect September 1, 2019.