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A BILL TO BE ENTITLED
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AN ACT
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relating to home-rule school district charters and to the |
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applicability of certain laws and procedures to those districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.013(b), Education Code, is amended to |
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read as follows: |
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(b) A home-rule school district is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) a provision of this title relating to limitations |
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on liability; and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) [educator certification under Chapter 21 and
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educator rights under Sections 21.407, 21.408, and 22.001;
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[(C)] criminal history records under Subchapter |
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C, Chapter 22; |
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(C) [(D)] student admissions under Section |
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25.001; |
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(D) [(E)] school attendance under Sections |
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25.085, 25.086, and 25.087; |
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[(F)
inter-district or inter-county transfers of
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students under Subchapter B, Chapter 25;
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[(G)
elementary class size limits under Section
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25.112, in the case of any campus in the district that fails to
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satisfy any standard under Section 39.054(e);] |
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(E) [(H)] high school graduation under Section |
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28.025; |
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(F) [(I)] special education programs under |
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Subchapter A, Chapter 29; |
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(G) [(J)] bilingual education under Subchapter |
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B, Chapter 29; |
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(H) [(K)] prekindergarten programs under |
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Subchapter E, Chapter 29; |
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(I) [(L)] safety provisions relating to the |
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transportation of students under Sections 34.002, 34.003, 34.004, |
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and 34.008; |
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(J) [(M)] computation and distribution of state |
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aid under Chapters 31, 42, and 43; |
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(K) [(N)] extracurricular activities under |
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Section 33.081; |
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(L) [(O)] health and safety under Chapter 38; |
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(M) [(P)] public school accountability under |
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Subchapters B, C, D, E, and J, Chapter 39; |
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(N) [(Q)] equalized wealth under Chapter 41; |
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(O) [(R)] a bond or other obligation or tax rate |
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under Chapters 42, 43, and 45; [and] |
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(P) [(S)] purchasing under Chapter 44; |
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(Q) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(R) accelerated instruction under Section |
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28.0211; |
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(S) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(T) reporting misconduct of educators under |
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Section 21.006; and |
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(U) intensive programs of instruction under |
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Section 28.0213. |
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SECTION 2. Section 12.014, Education Code, is amended to |
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read as follows: |
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Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board |
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of trustees of a school district shall appoint a charter commission |
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to frame a home-rule school district charter if: |
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(1) the board receives a petition requesting the |
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appointment of a charter commission to frame a home-rule school |
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district charter signed by at least five percent of the registered |
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voters of the district; or |
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(2) a majority [at least two-thirds] of the total |
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membership of the board adopts [adopt] a resolution ordering that a |
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charter commission be appointed. |
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SECTION 3. Section 12.021(a), Education Code, is amended to |
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read as follows: |
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(a) A [Subject to Section 12.022, a] proposed home-rule |
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school district charter or a proposed charter amendment is adopted |
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if approved by a majority of the qualified voters of the district |
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voting at an election held for that purpose. |
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SECTION 4. Sections 12.030(b) and (f), Education Code, are |
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amended to read as follows: |
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(b) The governing body of the district shall order an |
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election on the question of rescinding a home-rule school district |
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charter if: |
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(1) the governing body receives a petition requesting |
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a rescission election signed by at least five percent of the |
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registered voters of the district; or |
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(2) a majority [at least two-thirds] of the total |
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membership of the governing body adopts [adopt] a resolution |
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ordering that a rescission election be held. |
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(f) A home-rule school district charter is rescinded if the |
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rescission is approved by a majority of the qualified voters of the |
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district voting at an election held for that purpose [at which at
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least 25 percent of the registered voters of the district vote]. |
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SECTION 5. Section 12.022, Education Code, is repealed. |
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SECTION 6. The changes in law made by this Act apply |
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beginning with the 2013-2014 school year. |
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SECTION 7. The changes in law made by this Act supersede any |
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other law to the extent of a conflict. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |