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  S.B. No. 2293
 
 
 
 
AN ACT
  relating to the applicability of certain laws to and admission
  procedures for open-enrollment charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 12.1058(c), Education Code, is amended
  to read as follows:
         (c)  Notwithstanding Subsection (a) or (b), an
  open-enrollment charter school operated by a tax exempt entity as
  described by Section 12.101(a)(3) is not considered to be a
  political subdivision, local government, or local governmental
  entity unless:
               (1)  the applicable statute specifically states that
  the statute applies to an open-enrollment charter school; or
               (2)  a provision in this chapter states that a specific
  statute applies to an open-enrollment charter school.
         SECTION 2.  Section 12.117(a), Education Code, is amended to
  read as follows:
         (a)  For admission to an open-enrollment charter school, the
  governing body of the school shall:
               (1)  require the applicant to complete and submit the
  common admission [an] application form described by Section 12.1173
  not later than a reasonable deadline the school establishes; and
               (2)  on receipt of more acceptable applications for
  admission under this section than available positions in the
  school:
                     (A)  fill the available positions by lottery; or
                     (B)  subject to Subsection (b), fill the available
  positions in the order in which applications received before the
  application deadline were received.
         SECTION 3.  Section 12.1171, Education Code, is amended to
  read as follows:
         Sec. 12.1171.  ADMISSION TO OPEN-ENROLLMENT CHARTER SCHOOLS
  SPECIALIZING IN PERFORMING ARTS. Notwithstanding Section 12.117,
  the governing body of an open-enrollment charter school that
  specializes in one or more performing arts may require an applicant
  to audition for admission to the school in addition to completing
  and submitting the common admission application form under Section
  12.1173.
         SECTION 4.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Sections 12.1173 and 12.1174 to read as follows:
         Sec. 12.1173.  COMMON ADMISSION APPLICATION FORM; WAITING
  LIST FOR ADMISSION. (a)  The commissioner by rule shall adopt a
  common admission application form for use by an applicant for
  admission to an open-enrollment charter school that provides for
  the submission of information that the commissioner considers
  appropriate.
         (b)  The form adopted under this section may not:
               (1)  advertise or otherwise promote any person or
  open-enrollment charter school; or
               (2)  solicit money, goods, or services from an
  applicant.
         (c)  The commissioner shall publicize the availability of
  the form adopted under this section, including by posting the form
  on the agency's Internet website.
         (d)  The commissioner by rule shall adopt guidelines for an
  open-enrollment charter school that receives more acceptable
  applications for admission than available positions at the school
  to create and manage a waiting list each school year for applicants
  who are not admitted.
         (e)  The commissioner shall adopt any other rules as
  necessary to implement this section, including rules to ensure this
  section complies with federal law regarding confidentiality of
  student medical or educational information, including the Health
  Insurance Portability and Accountability Act of 1996 (42 U.S.C.
  Section 1320d et seq.) and the Family Educational Rights and
  Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
  relating to the privacy of student information.
         Sec. 12.1174.  ENROLLMENT AND WAITING LIST REPORT. (a)  Not
  later than the last Friday in October of each school year, in the
  form prescribed by commissioner rule, the governing body of a
  charter holder shall report to the agency for that school year:
               (1)  the following information for each campus
  operating under the charter holder's charter:
                     (A)  the number of students enrolled;
                     (B)  the enrollment capacity; and
                     (C)  if a charter holder uses a waiting list for
  admission to a campus:
                           (i)  the total number of students on the
  waiting list; and
                           (ii)  the number of students on the waiting
  list disaggregated by grade level;
               (2)  the information described by Subdivision (1)
  aggregated for all campuses operating under the charter holder's
  charter; and
               (3)  any information required by the commissioner as
  necessary to identify each student admitted to or on a waiting list
  for admission to a campus operating under the charter holder's
  charter who is or was previously enrolled in a public school in this
  state.
         (b)  From information provided to the commissioner by each
  charter holder under this subchapter, the commissioner shall
  identify each group of charter holders considered by the
  commissioner to be corporate affiliates or substantially related
  charter holders. Using the information reported under Subsections
  (a)(1) and (2), the agency shall aggregate the information for each
  group of charter holders identified by the commissioner under this
  subsection.
         (c)  Not later than March 15 of each year, the commissioner
  shall post on the agency's Internet website:
               (1)  the information reported by charter holders under
  Subsections (a)(1) and (2); and
               (2)  the information aggregated by the agency under
  Subsection (b).
         (d)  The commissioner shall adopt rules as necessary to
  implement this section, including rules to ensure this section
  complies with federal law regarding confidentiality of student
  educational information, including the Family Educational Rights
  and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law
  relating to the privacy of student information.
         SECTION 5.  Chapter 617, Government Code, is amended by
  adding Section 617.0025 to read as follows:
         Sec. 617.0025.  APPLICABILITY OF CHAPTER TO OPEN-ENROLLMENT
  CHARTER SCHOOL. (a)  An open-enrollment charter school
  established under Subchapter D, Chapter 12, Education Code, is a
  political subdivision for purposes of this chapter.
         (b)  A member of the governing body of a charter holder, a
  member of the governing body of an open-enrollment charter school,
  and an officer of an open-enrollment charter school are considered
  to be officials of a political subdivision and an employee of an
  open-enrollment charter school is considered to be a public
  employee under this chapter.
         SECTION 6.  Sections 12.117 and 12.1171, Education Code, as
  amended by this Act, and Section 12.1174, Education Code, as added
  by this Act, apply beginning with the 2020-2021 school year.
         SECTION 7.  Not later than January 1, 2020, the commissioner
  of education shall adopt a common admission application form,
  waiting list guidelines, and any other rules as necessary to
  implement Sections 12.1173 and 12.1174, Education Code, as added by
  this Act.
         SECTION 8.  With respect to Section 617.0025, Government
  Code, as added by this Act, if an open-enrollment charter school
  entered into a collective bargaining contract with a labor
  organization before the effective date of this Act, Chapter 617,
  Government Code, does not apply during the term of that contract. A
  collective bargaining contract entered into before the effective
  date of this Act may not be renewed.
         SECTION 9.  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, 2019.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2293 passed the Senate on
  May 1, 2019, by the following vote: Yeas 22, Nays 9; and that the
  Senate concurred in House amendment on May 23, 2019, by the
  following vote: Yeas 25, Nays 6.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2293 passed the House, with
  amendment, on May 21, 2019, by the following vote: Yeas 95,
  Nays 46, three present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor