89R4619 ANG-F     By: Shaheen H.B. No. 2354       A BILL TO BE ENTITLED   AN ACT   relating to charter schools, including the admission, enrollment,   and employment policies of and the applicability of certain laws to   open-enrollment charter schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.002, Education Code, is amended to   read as follows:          Sec. 12.002.  CLASSES OF CHARTER.  The classes of charter   under this chapter are:                (1)  a home-rule school district charter as provided by   Subchapter B;                (2)  a campus or campus program charter as provided by   Subchapter C; [or]                (3)  an open-enrollment charter as provided by   Subchapter D;                (4)  a college or university or junior college charter   as provided by Subchapter E; or                (5)  an adult education program charter as provided by   Subchapter G.          SECTION 2.  Section 12.1058(a), Education Code, is amended   to read as follows:          (a)  An open-enrollment charter school is considered to be:                (1)  a local government for purposes of Chapter 791,   Government Code;                (2)  a local government for purposes of Chapter 2259,   Government Code, except that an open-enrollment charter school may   not issue public securities as provided by Section 2259.031(b),   Government Code;                (3)  a political subdivision for purposes of Chapter   172, Local Government Code;                (4)  a local governmental entity for purposes of   Subchapter I, Chapter 271, Local Government Code;                (5)  a political subdivision for purposes of Section   180.008, Local Government Code;                (6)  a political subdivision for purposes of Section   16.061, Civil Practice and Remedies Code, with respect to any   property purchased, leased, constructed, renovated, or improved   with state funds under Section 12.128 of this code; [and]                (7)  a political subdivision for purposes of Section   11.11, Tax Code;                (8)  a public school district customer for purposes of   Section 182.022(d), Tax Code;                (9)  a political subdivision for purposes of Section   304.001, Local Government Code; and                (10)  a local authority for purposes of Subtitle C,   Title 7, Transportation Code, only when the school is designating   school crossing guards for campuses of the school.          SECTION 3.  Section 12.111(a), Education Code, is amended to   read as follows:          (a)  Each charter granted under this subchapter must:                (1)  describe the educational program to be offered,   which must include the required curriculum as provided by Section   28.002;                (2)  provide that continuation of the charter is   contingent on the status of the charter as determined under Section   12.1141 or 12.115 or under Chapter 39A;                (3)  specify the academic, operational, and financial   performance expectations by which a school operating under the   charter will be evaluated, which must include applicable elements   of the performance frameworks adopted under Section 12.1181;                (4)  specify:                      (A)  any basis, in addition to a basis specified   by this subchapter or Chapter 39A, on which the charter may be   revoked, renewal of the charter may be denied, or the charter may be   allowed to expire; and                      (B)  the standards for evaluation of a school   operating under the charter for purposes of charter renewal, denial   of renewal, expiration, revocation, or other intervention in   accordance with Section 12.1141 or 12.115 or Chapter 39A, as   applicable;                (5)  prohibit discrimination in admission policy on the   basis of sex, national origin, ethnicity, religion, disability,   academic, artistic, or athletic ability, or the district the child   would otherwise attend in accordance with this code, although the   charter may:                      (A)  provide for the exclusion of a student who   has a documented history of a criminal offense, a juvenile court   adjudication, or discipline problems under Subchapter A, Chapter   37; [and]                      (B)  provide for an admission policy that requires   a student to demonstrate artistic ability if the school specializes   in performing arts; and                      (C)  provide for an admission policy that limits   admission to students of a single biological sex as correctly   stated on the student's official birth certificate, as described by   Section 33.0834(c), or, if the student's official birth certificate   is unobtainable, another governmental record;                (6)  specify the grade levels to be offered;                (7)  describe the governing structure of the program,   including:                      (A)  the officer positions designated;                      (B)  the manner in which officers are selected and   removed from office;                      (C)  the manner in which members of the governing   body of the school are selected and removed from office;                      (D)  the manner in which vacancies on that   governing body are filled;                      (E)  the term for which members of that governing   body serve; and                      (F)  whether the terms are to be staggered;                (8)  specify the powers or duties of the governing body   of the school that the governing body may delegate to an officer;                (9)  specify the manner in which the school will   distribute to parents information related to the qualifications of   each professional employee of the program, including any   professional or educational degree held by each employee, a   statement of any certification under Subchapter B, Chapter 21, held   by each employee, and any relevant experience of each employee;                (10)  describe the process by which the person   providing the program will adopt an annual budget;                (11)  describe the manner in which an annual audit of   the financial and programmatic operations of the program is to be   conducted, including the manner in which the person providing the   program will provide information necessary for the school district   in which the program is located to participate, as required by this   code or by commissioner rule, in the Public Education Information   Management System (PEIMS);                (12)  describe the facilities to be used;                (13)  describe the geographical area served by the   program;                (14)  specify any type of enrollment criteria to be   used;                (15)  provide information, as determined by the   commissioner, relating to any management company that will provide   management services to a school operating under the charter; and                (16)  specify that the governing body of an   open-enrollment charter school accepts and may not delegate   ultimate responsibility for the school, including the school's   academic performance and financial and operational viability, and   is responsible for overseeing any management company providing   management services for the school and for holding the management   company accountable for the school's performance.          SECTION 4.  The heading to Section 12.117, Education Code,   is amended to read as follows:          Sec. 12.117.  ADMISSION AND ENROLLMENT.          SECTION 5.  Section 12.117, Education Code, is amended by   amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),   and (b-1) to read as follows:          (a)  For admission and enrollment to an open-enrollment   charter school, the governing body of the school shall:                (1)  require the applicant to complete and submit the   common admission 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 a grade   level or campus [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.          (a-1)  An open-enrollment charter school that fills   available positions by lottery under Subsection (a)(2)(A) may use a   weighted lottery that assigns weights to applicants so that an   applicant's probability of admission increases if the applicant   satisfies criteria selected by the school. The school may increase   an applicant's probability of admission if the applicant is:                (1)  eligible to participate in a special education   program under Section 29.003;                (2)  an emergent bilingual student, as defined by   Section 29.052; or                (3)  educationally disadvantaged.          (a-2)  The commissioner shall adopt rules regarding the   implementation of a weighted lottery under Subsection (a-1),   including rules that:                (1)  establish the information an open-enrollment   charter school may request an applicant to provide, which must be   limited in scope to only the information necessary for the school to   implement the lottery; and                (2)  ensure compliance with:                      (A)  federal law regarding the 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                      (B)  any state law relating to the privacy of   student information.          (a-3)  An open-enrollment charter school that uses a   weighted lottery under Subsection (a-1) shall:                (1)  include in the school's admission and enrollment   policy the information the school may request an applicant to   provide under Subsection (a-2)(1);                (2)  request an applicant to provide the information   under Subsection (a-2)(1) only if the school receives more   acceptable applications for admission than available positions in   the school;                (3)  clearly mark all information requested under   Subdivision (2) as optional; and                (4)  use any information provided by an applicant under   Subdivision (2) only to determine if the applicant's probability of   admission will increase in accordance with Subsection (a-1).          (b-1)  An open-enrollment charter school shall make publicly   available and post in a prominent and appropriate location on the   school's public Internet website, if the school maintains a public   Internet website, notice of the school's admission and enrollment   policy, including:                (1)  the method by which the school fills available   positions in the school, including whether the school uses:                      (A)  a lottery; or                      (B)  a weighted lottery; and                (2)  if the school fills available positions by   weighted lottery under Subsection (a-1), the weights assigned to   applicants under that subsection.          SECTION 6.  Section 12.119, Education Code, is amended by   adding Subsection (b-1) to read as follows:          (b-1)  For purposes of Subsection (b), an officer or member   of the governing body of an open-enrollment charter school does not   include an assistant principal or assistant director.          SECTION 7.  Section 12.129, Education Code, is amended by   amending Subsection (a) and adding Subsection (c) to read as   follows:          (a)  Except as provided by Subsections [Subsection] (b) and   (c), a person employed as a principal or a teacher by an   open-enrollment charter school must hold a baccalaureate degree.          (c)  A person may be employed as a teacher for a noncore   academic career and technical education course without holding a   baccalaureate degree if:                (1)   the person meets the qualifications under Section   21.055(d-1); and                (2)  the governing body and the chief executive officer   and educational leader of the open-enrollment charter school comply   with the requirements of Section 21.055(d-1) in the same manner as a   school district board of trustees and superintendent.          SECTION 8.  This Act applies beginning with the 2025-2026   school year.          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, 2025.