83R1202 CAS-F
	By: Patrick	H.B. No. 645

	A BILL TO BE ENTITLED
	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 [subject to Subsection (a)] shall implement
	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.