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  H.B. No. 1423
 
 
 
 
AN ACT
  relating to granting charters to public junior colleges for
  open-enrollment charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Subchapter E, Chapter 12,
  Education Code, is amended to read as follows:
  SUBCHAPTER E. COLLEGE OR UNIVERSITY OR JUNIOR COLLEGE
  CHARTER SCHOOL
         SECTION 2.  Sections 12.151, 12.152, 12.154, and 12.155,
  Education Code, are amended to read as follows:
         Sec. 12.151.  DEFINITIONS [DEFINITION].  In this
  subchapter, "public junior college" and "public senior college or
  university" have [has] the meanings [meaning] assigned by Section
  61.003.
         Sec. 12.152.  AUTHORIZATION.  (a)  In accordance with this
  subchapter and Subchapter D, the State Board of Education may grant
  a charter on the application of:
               (1)  a public senior college or university for an
  open-enrollment charter school to operate on the campus of the
  public senior college or university or in the same county in which
  the campus of the public senior college or university is located; or
               (2)  a public junior college for an open-enrollment
  charter school to operate on the campus of the public junior college
  or in the same county in which the campus of the public junior
  college is located.
         Sec. 12.154.  CONTENT.  (a) Notwithstanding Section
  12.110(d), the State Board of Education may grant a charter under
  this subchapter to a public senior college or university only if the
  following criteria are satisfied in the public senior college's or
  university's application, as determined by the State Board of
  Education:
               (1)  the college or university charter school's
  educational program must include innovative teaching methods;
               (2)  the college or university charter school's
  educational program must be implemented under the direct
  supervision of a member of the teaching or research faculty of the
  public senior college or university;
               (3)  the faculty member supervising the college or
  university charter school's educational program must have
  substantial experience and expertise in education research,
  teacher education, classroom instruction, or educational
  administration;
               (4)  the college or university charter school's
  educational program must be designed to meet specific goals
  described in the charter, including improving student performance,
  and each aspect of the program must be directed toward the
  attainment of the goals;
               (5)  the attainment of the college or university
  charter school's educational program goals must be measured using
  specific, objective standards set forth in the charter, including
  assessment methods and a time frame; and
               (6)  the financial operations of the college or
  university charter school must be supervised by the business office
  of the public senior college or university.
         (b)  Notwithstanding Section 12.110(d), the State Board of
  Education may grant a charter under this subchapter to a public
  junior college only if the following criteria are satisfied in the
  public junior college's application, as determined by the State
  Board of Education:
               (1)  the junior college charter school's educational
  program must be implemented under the direct supervision of a
  member of the faculty of the public junior college;
               (2)  the faculty member supervising the junior college
  charter school's educational program must have substantial
  experience and expertise in teacher education, classroom
  instruction, or educational administration;
               (3)  the junior college charter school's educational
  program must be designed to meet specific goals described in the
  charter, such as dropout recovery, and each aspect of the program
  must be directed toward the attainment of the goals;
               (4)  the attainment of the junior college charter
  school's educational program goals must be measured using specific,
  objective standards set forth in the charter, including assessment
  methods and a time frame; and
               (5)  the financial operations of the junior college
  charter school must be supervised by the business office of the
  junior college.
         Sec. 12.155.  SCHOOL NAME.  The name of a college or
  university charter school or junior college charter school must
  include the name of the public senior college or university or
  public junior college, as applicable, operating the school.
         SECTION 3.  Section 12.156(a), Education Code, is amended to
  read as follows:
         (a)  Except as otherwise provided by this subchapter,
  Subchapter D applies to a college or university charter school or
  junior college charter school as though the college or university
  charter school or junior college charter school, as applicable,
  were granted a charter under that subchapter.
         SECTION 4.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1423 was passed by the House on April
  30, 2009, by the following vote:  Yeas 130, Nays 1, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1423 was passed by the Senate on May
  25, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor