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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition of the student body of an |
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open-enrollment charter school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.111(a), Education Code, as effective |
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September 1, 2017, is amended to read as follows: |
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(a) Each charter granted under this subchapter must: |
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(1) describe the educational program to be offered, |
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which must include the required curriculum as provided by Section |
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28.002; |
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(2) provide that continuation of the charter is |
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contingent on the status of the charter as determined under Section |
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12.1141 or 12.115 or under Chapter 39A; |
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(3) specify the academic, operational, and financial |
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performance expectations by which a school operating under the |
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charter will be evaluated, which must include applicable elements |
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of the performance frameworks adopted under Section 12.1181; |
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(4) specify: |
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(A) any basis, in addition to a basis specified |
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by this subchapter or Chapter 39A, on which the charter may be |
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revoked, renewal of the charter may be denied, or the charter may be |
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allowed to expire; and |
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(B) the standards for evaluation of a school |
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operating under the charter for purposes of charter renewal, denial |
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of renewal, expiration, revocation, or other intervention in |
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accordance with Section 12.1141 or 12.115 or Chapter 39A, as |
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applicable; |
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(5) prohibit discrimination in admission policy on the |
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basis of sex, national origin, ethnicity, religion, disability, |
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academic, artistic, or athletic ability, or, subject to Section |
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12.1173, the district the child would otherwise attend in |
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accordance with this code, although the charter may: |
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(A) provide for the exclusion of a student who |
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has a documented history of a criminal offense, a juvenile court |
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adjudication, or discipline problems under Subchapter A, Chapter |
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37; and |
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(B) provide for an admission policy that requires |
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a student to demonstrate artistic ability if the school specializes |
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in performing arts; |
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(6) specify the grade levels to be offered; |
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(7) describe the governing structure of the program, |
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including: |
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(A) the officer positions designated; |
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(B) the manner in which officers are selected and |
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removed from office; |
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(C) the manner in which members of the governing |
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body of the school are selected and removed from office; |
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(D) the manner in which vacancies on that |
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governing body are filled; |
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(E) the term for which members of that governing |
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body serve; and |
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(F) whether the terms are to be staggered; |
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(8) specify the powers or duties of the governing body |
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of the school that the governing body may delegate to an officer; |
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(9) specify the manner in which the school will |
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distribute to parents information related to the qualifications of |
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each professional employee of the program, including any |
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professional or educational degree held by each employee, a |
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statement of any certification under Subchapter B, Chapter 21, held |
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by each employee, and any relevant experience of each employee; |
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(10) describe the process by which the person |
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providing the program will adopt an annual budget; |
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(11) describe the manner in which an annual audit of |
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the financial and programmatic operations of the program is to be |
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conducted, including the manner in which the person providing the |
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program will provide information necessary for the school district |
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in which the program is located to participate, as required by this |
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code or by commissioner rule, in the Public Education Information |
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Management System (PEIMS); |
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(12) describe the facilities to be used; |
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(13) describe the geographical area served by the |
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program; |
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(14) specify any type of enrollment criteria to be |
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used; |
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(15) provide information, as determined by the |
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commissioner, relating to any management company that will provide |
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management services to a school operating under the charter; and |
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(16) specify that the governing body of an |
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open-enrollment charter school accepts and may not delegate |
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ultimate responsibility for the school, including the school's |
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academic performance and financial and operational viability, and |
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is responsible for overseeing any management company providing |
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management services for the school and for holding the management |
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company accountable for the school's performance. |
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SECTION 2. Subchapter D, Chapter 12, Education Code, is |
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amended by adding Section 12.1173 to read as follows: |
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Sec. 12.1173. ADMISSION PREFERENCE FOR CERTAIN STUDENTS. |
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(a) Except as provided by Subsection (d), the governing body of an |
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open-enrollment charter school shall adopt and implement admission |
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procedures designed to ensure that students who reside in the |
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attendance zone of the school district within the boundaries of |
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which the school is located represent a majority of the school's |
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total enrollment. |
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(b) To the extent necessary to achieve the result described |
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by Subsection (a): |
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(1) a governing body that uses a lottery to fill |
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available positions, as authorized by Section 12.117, may conduct |
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separate lotteries for students who reside in the attendance zone |
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of the school district within the boundaries of which the school is |
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located and for students who do not reside in that attendance zone; |
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and |
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(2) a governing body that fills available positions |
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based on the order in which applications were received, as |
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authorized by Section 12.117, may fill available positions based on |
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the order in which applications were received from students who |
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reside in the attendance zone of the school district within the |
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boundaries of which the school is located before filling available |
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positions with students who do not reside in that attendance zone. |
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(c) The commissioner shall decline to renew the charter of |
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an open-enrollment charter school if the commissioner determines |
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that the governing body of the open-enrollment charter school has |
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not complied with this section, unless the commissioner determines |
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that the governing body made a good faith effort to comply but was |
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unable to achieve the result described by Subsection (a). |
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(d) This section does not apply to the governing body of an |
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open-enrollment charter school that: |
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(1) is designated as a dropout recovery school under |
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Section 12.1141(c); |
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(2) specializes in one or more performing arts; or |
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(3) serves another special purpose and limits |
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enrollment to students with specific characteristics related to |
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that purpose. |
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SECTION 3. (a) Section 12.1173, Education Code, as added by |
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this Act, applies to each open-enrollment charter school authorized |
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under Subchapter D, Chapter 12, Education Code. A school in |
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operation before the 2018-2019 school year shall achieve the |
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required student body composition by not later than the start of the |
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2021-2022 school year. A school that begins operation during or |
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after the 2018-2019 school year shall achieve the required student |
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body composition beginning with the first school year of operation. |
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(b) Section 12.1173, Education Code, as added by this Act, |
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does not affect the ability of a student enrolled in an |
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open-enrollment charter school during the 2017-2018 school year to |
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continue attending that school as long as the student maintains |
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enrollment during consecutive school years. |
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(c) A sibling of a student described by Subsection (b) of |
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this section who seeks admission for any school year to the same |
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open-enrollment charter school as attended by the student described |
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by Subsection (b) during the 2017-2018 school year shall be |
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considered for purposes of admission as a student who resides in the |
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attendance zone of the school district within the boundaries of |
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which the school is located, regardless of the student's actual |
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residence. |
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SECTION 4. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 5. 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 on the 91st day after the last day of the |
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legislative session. |