Bill Text: TX SB2339 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the requirements for an application for or a request for the revision of a charter for an open-enrollment charter school.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-21 - Referred to Education [SB2339 Detail]
Download: Texas-2019-SB2339-Introduced.html
86R13120 MP-D | ||
By: West | S.B. No. 2339 |
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relating to the requirements for an application for or a request for | ||
the revision of a charter for an open-enrollment charter school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.1012, Education Code, is amended by | ||
adding Subdivision (1-a) to read as follows: | ||
(1-a) "Expansion amendment" means an amendment to the | ||
charter of an open-enrollment charter school that permits the | ||
school to increase its maximum allowable enrollment, extend the | ||
grade levels it serves, change its geographic boundaries, or add a | ||
campus or site. | ||
SECTION 2. Section 12.110(d), Education Code, is amended to | ||
read as follows: | ||
(d) The commissioner shall approve or deny an application | ||
based on: | ||
(1) documented evidence collected through the | ||
application review process; | ||
(2) merit; [ |
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(3) the impact report prepared by the commissioner | ||
under Section 12.1103; and | ||
(4) other criteria as adopted by the commissioner, | ||
which must include: | ||
(A) criteria relating to the capability of the | ||
applicant to carry out the responsibilities provided by the charter | ||
and the likelihood that the applicant will operate a school of high | ||
quality; and | ||
(B) criteria relating to improving student | ||
performance and encouraging innovative programs[ |
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SECTION 3. Section 12.1101, Education Code, is amended to | ||
read as follows: | ||
Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION OR | ||
REQUEST FOR EXPANSION [ |
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commissioner by rule shall adopt a procedure for providing notice | ||
to the following persons on receipt by the commissioner of an | ||
application for a charter for an open-enrollment charter school | ||
under Section 12.110 or a request for approval of an expansion | ||
amendment to a charter under Section 12.114 [ |
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(1) the board of trustees and superintendent of each | ||
school district that: | ||
(A) is located in or serves the geographic area | ||
described in the charter application or request for an expansion | ||
amendment; or | ||
(B) is within 10 miles of the area described by | ||
Paragraph (A) [ |
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(2) each member of the legislature who [ |
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represents the geographic area that includes a school district | ||
described by Subdivision (1); and | ||
(3) each member of the State Board of Education [ |
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(b) A notice provided under Subsection (a) must: | ||
(1) be provided at least 18 months before the date the | ||
school or campus is proposed to open or expand; and | ||
(2) describe the location or proposed location of the | ||
school or campus with sufficient specificity to allow each school | ||
district described by Subsection (a)(1) to adequately anticipate | ||
the potential impact on enrollment at each district campus as a | ||
result of the establishment of the new school or campus or expansion | ||
of the existing school or campus. | ||
(c) For purposes of Subsection (b)(2), a notice is | ||
considered to describe a location or proposed location with | ||
sufficient specificity if the notice specifies a physical address | ||
or zip code and school district in which the new or expanded school | ||
or campus will likely be located. | ||
(d) The agency shall post to its Internet website: | ||
(1) if applicable, each notice as provided to the | ||
agency under Section 12.1102 of a public hearing not later than the | ||
10th business day before the date of the hearing; and | ||
(2) the notice required by Subsection (a), and copies | ||
of any requested expansion amendment, not later than the fifth | ||
business day after the date the submission is received by the | ||
commissioner. | ||
SECTION 4. Subchapter D, Chapter 12, Education Code, is | ||
amended by adding Sections 12.1102 and 12.1103 to read as follows: | ||
Sec. 12.1102. REQUIREMENT TO REQUEST PUBLIC HEARING IN | ||
CERTAIN CIRCUMSTANCES. (a) The commissioner by rule shall require | ||
as part of the process to apply for a charter or to request approval | ||
for an expansion amendment that the charter applicant or charter | ||
holder include evidence showing that the charter applicant or | ||
charter holder requested that each board of trustees of each school | ||
district described by Section 12.1101(a)(1) hold a public hearing | ||
with an opportunity for public comment regarding the establishment | ||
of the new school or campus or expansion of an existing school or | ||
campus. | ||
(b) Each school district board of trustees that schedules a | ||
hearing under Subsection (a) shall: | ||
(1) post notice on the district's Internet website; | ||
and | ||
(2) provide a copy of the notice to the agency not | ||
later than the 15th day before the date of the hearing. | ||
Sec. 12.1103. IMPACT REPORT OF NEW OPEN-ENROLLMENT CHARTER | ||
SCHOOL OR CAMPUS. (a) Before the commissioner may approve an | ||
application for a charter for an open-enrollment charter school | ||
under Section 12.110 or a request for an expansion amendment to a | ||
charter under Section 12.114, the applicant or charter holder must | ||
provide notice as required by Section 12.1101. | ||
(b) A school district whose enrollment may be affected by a | ||
new open-enrollment charter school or expansion of an existing | ||
charter may submit a written statement to the commissioner stating | ||
the impact the new school or expansion of the charter will have on | ||
the school district. The commissioner must allow a school district | ||
to submit a statement as provided by this section not later than the | ||
60th day after the date the school received notice of the new school | ||
or charter expansion. | ||
(c) The commissioner must issue an impact report on the | ||
application for the new charter or the expansion of an existing | ||
charter that includes: | ||
(1) a summary of and response to any concern raised by | ||
a school district; | ||
(2) if applicable, an evaluation of the proximity of | ||
the proposed location of the new open-enrollment charter school or | ||
campus to existing school district campuses and the ability of | ||
local communities to support a new open-enrollment charter school | ||
or campus; | ||
(3) information regarding any financial burden that a | ||
loss in student enrollment may cause a school district or district | ||
campus; and | ||
(4) a fiscal statement estimating costs for a | ||
five-year period beginning the first day a new open-enrollment | ||
charter school or campus begins classes, including costs relating | ||
to: | ||
(A) state revenue; and | ||
(B) local school district revenue, including the | ||
impact on Foundation School Program funding and equalized wealth | ||
levels. | ||
(d) Not later than the 15th business day before the date the | ||
commissioner approves an application for a charter for an | ||
open-enrollment charter school under Section 12.110 or a request | ||
for an expansion amendment to a charter under Section 12.114, the | ||
commissioner shall: | ||
(1) make the impact report under Subsection (c) | ||
available to the public in a prominent display on the agency's | ||
Internet website; and | ||
(2) provide a copy of the impact report to: | ||
(A) the applicant or charter holder; and | ||
(B) the parties required to receive notice under | ||
Section 12.1101. | ||
(e) Not later than December 31 of each year, the Legislative | ||
Budget Board shall submit a report to the governor and the | ||
legislature documenting the financial impact of open-enrollment | ||
charter schools on: | ||
(1) the state budget; | ||
(2) school districts, including the effect on school | ||
districts required to take action under Chapter 41 to reduce | ||
equalized wealth levels; and | ||
(3) public education. | ||
SECTION 5. Section 12.114, Education Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (c) to read as | ||
follows: | ||
(a-1) The commissioner shall notify the State Board of | ||
Education of each request for revision the commissioner proposes to | ||
grant under this subchapter. Unless, before the 90th day after the | ||
date on which the board receives the notice from the commissioner, a | ||
majority of the members of the board present and voting vote against | ||
the revision of the charter, the commissioner's proposal to grant | ||
the revision to the charter takes effect. The board may not | ||
deliberate or vote on any revision to a charter that is not proposed | ||
by the commissioner. | ||
(c) Not later than 14 months [ |
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that a charter holder submits to the commissioner a completed | ||
request for approval for an expansion amendment, [ |
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commissioner shall provide to the charter holder written notice of | ||
approval or disapproval of the amendment. | ||
SECTION 6. Section 12.101(b-4), Education Code, is | ||
repealed. | ||
SECTION 7. The changes in law made by this Act apply only to | ||
an application for a charter for an open-enrollment charter school | ||
or a request for approval of a revision to the charter of an | ||
open-enrollment charter school submitted on or after the effective | ||
date of this Act. | ||
SECTION 8. This Act takes effect September 1, 2019. |