This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  By: Menéndez, Bettencourt  S.B. No. 1882
         (In the Senate - Filed March 10, 2017; March 23, 2017, read
  first time and referred to Committee on Education; April 26, 2017,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 10, Nays 0; April 26, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1882 By:  Uresti
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to a school district contract to partner with an
  open-enrollment charter school to operate a district campus.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 11, Education Code, is
  amended by adding Section 11.174 to read as follows:
         Sec. 11.174.  CONTRACT WITH OPEN-ENROLLMENT CHARTER SCHOOL
  REGARDING OPERATION OF DISTRICT CAMPUS.  (a)  If the board of
  trustees of a school district contracts with the governing body of
  an open-enrollment charter school under Section 11.157 for the
  district to partner with the charter school to operate a district
  campus as provided by this section, the campus qualifies for:
               (1)  an exemption from intervention as provided by
  Subsection (f); and
               (2)  funding as provided under Section 42.2511.
         (b)  An open-enrollment charter school may contract with a
  school district under this section only if:
               (1)  the charter of the open-enrollment charter school
  has not been previously revoked; and
               (2)  for two of the three school years preceding the
  school year of the proposed operation of the district campus as
  described by Subsection (a), the charter school has received:
                     (A)  an overall performance rating of acceptable
  or higher under Subchapter C, Chapter 39; and
                     (B)  a financial accountability rating under
  Subchapter D, Chapter 39, indicating financial performance of
  satisfactory or higher.
         (c)  Before entering into a contract as provided by this
  section, a school district must consult with campus personnel
  regarding the provisions to be included in the contract between the
  school district and the open-enrollment charter school.
         (d)  To operate a district campus as provided by this
  section, the district campus must be granted a charter under
  Subchapter C, Chapter 12.
         (e)  The commissioner shall continue to evaluate and assign
  overall and domain performance ratings under Section 39.054 to a
  district campus subject to a contract described by Subsection (a).
         (f)  This subsection applies only to a district campus
  subject to a contract described by Subsection (a) that received an
  overall performance rating of unacceptable under Subchapter C,
  Chapter 39, for the school year before operation of the district
  campus under the contract began.  The commissioner may not impose a
  sanction or take action against the campus under Section 39.107(a)
  or (e) for failure to satisfy academic performance standards during
  the first two school years the open-enrollment charter school
  operates the district campus.  The overall performance rating
  received by the campus during those first two school years is not
  included in calculating consecutive school years and is not
  considered a break in consecutive school years under Section
  39.107(a) or (e).
         (g)  A campus subject to Subsection (f) that receives an
  overall performance rating of unacceptable under Subchapter C,
  Chapter 39, for any school year after the first two school years the
  school district and the open-enrollment charter school began
  operation of the district campus may receive an exemption from a
  sanction or other action only if the campus receives approval for
  the exemption from the commissioner.
         (h)  Subject to Subsection (i), a contract entered into by
  the board of trustees of a school district and the governing body of
  an open-enrollment charter school for the operation of a district
  campus as provided by Subsection (a) must include a provision
  addressing student eligibility for enrollment.
         (i)  The contract of a campus subject to Subsection (f) must
  provide that any student residing in the attendance zone of the
  district campus as the attendance zone existed before operation of
  the district campus under the contract shall be admitted for
  enrollment at the campus. The contract must establish enrollment
  preference for students who do not reside in the attendance zone as
  follows:
               (1)  other students residing in the school district in
  which the campus is located; and
               (2)  students who reside outside the school district.
         (j)  The commissioner may adopt rules as necessary to
  administer this section, including requiring a school district to
  notify the commissioner of any contract entered into under this
  section by the district and open-enrollment charter school.
         (k)  This section does not prohibit a contract between a
  school district and another entity for the provision of services
  for the campus.
         SECTION 2.  Subchapter E, Chapter 42, Education Code, is
  amended by adding Section 42.2511 to read as follows:
         Sec. 42.2511.  SCHOOL DISTRICT ENTITLEMENT FOR CERTAIN
  STUDENTS. (a)  This section applies only to a school district that
  has entered into a contract with an open-enrollment charter school
  to operate a district campus as provided by Section 11.174.
         (b)  Notwithstanding any other provision of this chapter or
  Chapter 41, a school district subject to this section is entitled to
  receive for each student in average daily attendance at the campus
  described by Subsection (a) an amount equivalent to the difference,
  if the difference results in increased funding, between:
               (1)  the amount described by Section 12.106; and
               (2)  the amount to which the district would be entitled
  under this chapter.
         (c)  The commissioner shall adopt rules as necessary to
  administer this section.
         SECTION 3.  The commissioner of education is required to
  implement this Act only if the legislature appropriates money
  specifically for that purpose.  If the legislature does not
  appropriate money specifically for that purpose, the commissioner
  of education may, but is not required to, implement this Act using
  other appropriations available for the purpose.
         SECTION 4.  This Act applies beginning with the 2017-2018
  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, 2017.
 
  * * * * *