Bill Text: TX HB1730 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the approval of the establishment or expansion of open-enrollment charter schools and the application of facility standards to those schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-05-07 - Committee report sent to Calendars [HB1730 Detail]

Download: Texas-2019-HB1730-Comm_Sub.html

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86R26954 MP-D
By: Davis of Dallas H.B. No. 1730
Substitute the following for H.B. No. 1730:
By: Ashby C.S.H.B. No. 1730

A BILL TO BE ENTITLED
AN ACT
relating to the approval of the establishment or expansion of
open-enrollment charter schools and the application of facility
standards to those schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 12.101(b-4), Education Code, is amended
to read as follows:
(b-4) Notwithstanding Section 12.114, approval of the
commissioner under that section is not required for establishment
of a new open-enrollment charter school campus if the requirements
of this subsection are satisfied. A charter holder having an
accreditation status of accredited and at least 50 percent of its
student population in grades assessed under Subchapter B, Chapter
39, or at least 50 percent of the students in the grades assessed
having been enrolled in the school for at least three school years
may establish one or more new campuses under an existing charter
held by the charter holder if:
(1) the charter holder is currently evaluated under
the standard accountability procedures for evaluation under
Chapter 39 and received a district rating in the highest or second
highest performance rating category under Subchapter C, Chapter 39,
for three of the last five years with at least 75 percent of the
campuses rated under the charter also receiving a rating in the
highest or second highest performance rating category and with no
campus with a rating in the lowest performance rating category in
the most recent ratings;
(2) the charter holder provides written notice to the
commissioner of the establishment of any campus under this
subsection in the time, manner, and form provided by rule of the
commissioner; [and]
(3) the new campus will not be located within one mile
of another open-enrollment charter school campus, unless:
(A) the new campus will:
(i) be an adult high school diploma and
industry certification charter school established under Section
29.259; or
(ii) serve students in a residential
treatment center or juvenile detention facility; or
(B) the other campus has been operating at the
maximum student enrollment described by the other school's charter
for at least the preceding two school years; and
(4) not later than the 60th day after the date the
charter holder provides written notice under Subdivision (2), the
commissioner does not provide written notice to the charter holder
that the commissioner has determined that the charter holder does
not satisfy the requirements of this section.
SECTION 2. Section 12.104(b), Education Code, as amended by
Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. 1153), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator's misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(S) [(P)] a parent's right to information
regarding the provision of assistance for learning difficulties to
the parent's child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d); and
(T) school facility standards established under
Section 42.352.
SECTION 3. Section 12.110, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The commissioner shall deny an application for a charter
for an open-enrollment charter school that the applicant proposes
to be located within one mile of another open-enrollment charter
school campus, unless:
(1) the proposed school will:
(A) be an adult high school diploma and industry
certification charter school established under Section 29.259; or
(B) serve students in a residential treatment
center or juvenile detention facility; or
(2) the other campus has been operating at the maximum
student enrollment described by the other school's charter for at
least the preceding two school years.
SECTION 4. Section 12.114, Education Code, is amended by
adding Subsection (f) to read as follows:
(f) The commissioner shall deny a request for a revision in
which the applicant proposes an open-enrollment charter school
campus or site to be located within one mile of another
open-enrollment charter school campus, unless:
(1) the proposed campus or site will:
(A) be an adult high school diploma and industry
certification charter school established under Section 29.259; or
(B) serve students in a residential treatment
center or juvenile detention facility; or
(2) the other campus has been operating at the maximum
student enrollment described by the other school's charter for at
least the preceding two school years.
SECTION 5. The changes in law made by this Act apply only to
an application for a charter for an open-enrollment charter school,
notice of the establishment of an open-enrollment charter school
campus, or a request for a revision to the charter of an
open-enrollment charter school submitted on or after the effective
date of this Act.
SECTION 6. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 7. 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.