88R17640 TYPED     By: Klick H.B. No. 4977       A BILL TO BE ENTITLED   AN ACT   relating to the operation of open-enrollment charter schools,   including enrollment procedures and the applicability of certain   laws to open-enrollment charter schools.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 12.117, Education Code,   is amended to read as follows:          Sec. 12.117.  ADMISSION AND ENROLLMENT.          SECTION 2.  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)  a student of limited English proficiency, 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 that is 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 requested under Subsection (a-2)(1) that the   school uses for the lottery;                (2)  provide notice of the information requested of an   applicant 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 3.  Section 12.104, Education Code, is amended by   amending Subsection (b) to read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  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, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (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)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  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;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  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);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,   37.207, and 37.2071;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; and                      (X)  parental options to retain a student under   Section 28.02124.; and                      (Y)  technology and student information   protection requirements under Chapter 32.          SECTION 4.  Section 12.1058, Education Code, is amended by   amending Subsection (c) and adding Subsections (d), (d-1), (d-2),   (d-3), and (d-4) 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)  a [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.          (d)  A political subdivision shall consider an   open-enrollment charter school a school district for purposes of   zoning, project permitting, platting and replatting processes,   business licensing, franchises, utility services, signage,   subdivision regulation, property development projects, the   requirements for posting bonds or securities, contract   requirements, land development standards as provided by Section   212.902, Local Government Code, tree and vegetation regulations,   regulations of architectural features of a structure, construction   of fences, landscaping, garbage disposal, noise levels, fees or   other assessments, and construction or site development work. An   open-enrollment charter school does not have the power of eminent   domain.          (d-1)  A political subdivision may not take any action that   prohibits an open-enrollment charter school from operating a public   school campus, educational support facility, athletic facility, or   administrative office within the political subdivision's   jurisdiction or on any specific property located within the   jurisdiction of the political subdivision that it could not take   against a school district. A political subdivision shall grant   approval in the same manner and follow the same timelines as if the   charter school were a school district located in that political   subdivision's jurisdiction.          (d-2)  This section applies to both owned and leased property   of the open-enrollment charter school under Section 12.128.          (d-3)  Except as provided by this section, this section does   not affect the authority granted by state law to a political   subdivision to regulate an open-enrollment charter school   regarding health and safety ordinances.          (d-4)  In this section, "political subdivision" does not   include a school district.          SECTION 5.  Section 212.902, Local Government Code, is   amended to read as follows:          Sec. 212.902.  SCHOOL DISTRICT AND OPEN-ENROLLMENT CHARTER   SCHOOL LAND DEVELOPMENT STANDARDS. (a) This section applies to an   agreement [agreements] between a school district or   open-enrollment charter school [districts] and a [any]   municipality which has annexed territory for limited purposes.          (b)  On request by a school district or open-enrollment   charter school, a municipality shall enter an agreement with the   board of trustees of the school district or the governing body of   the open-enrollment charter school to establish review fees, review   periods, and land development standards ordinances and to provide   alternative water pollution control methodologies for school   buildings constructed by the school district or open-enrollment   charter school. The agreement shall include a provision exempting   the district or charter school from all land development ordinances   in cases where the district or charter school is adding temporary   classroom buildings on an existing school campus.          (c)  If the municipality and the school district or   open-enrollment charter school do not reach an agreement on or   before the 120th day after the date on which the municipality   receives the district's or charter school's request for an   agreement, proposed agreements by the [school] district or charter   school and the municipality shall be submitted to an independent   arbitrator appointed by the presiding district judge whose   jurisdiction includes the [school] district or charter school. The   arbitrator shall, after a hearing at which both the [school]   district or charter school and the municipality make presentations   on their proposed agreements, prepare an agreement resolving any   differences between the proposals. The agreement prepared by the   arbitrator will be final and binding upon both the [school]   district or charter school and the municipality. The cost of the   arbitration proceeding shall be borne equally by the [school]   district or charter school and the municipality.          (d)  A school district or open-enrollment charter school   that requests an agreement under this section, at the time the   district or charter school [it] makes the request, shall send a copy   of the request to the commissioner of education. At the end of the   120-day period, the requesting district or charter school shall   report to the commissioner the status or result of negotiations   with the municipality. A municipality may send a separate status   report to the commissioner. The district or charter school shall   send to the commissioner a copy of each agreement between the   district or charter school and a municipality under this section.          (e)  In this section:                (1)  [,] "Land [land] development standards" includes   impervious cover limitations, building setbacks, floor to area   ratios, building heights and coverage, water quality controls,   landscaping, development setbacks, compatibility standards,   traffic analyses, including traffic impact analyses, parking   requirements, signage requirements, and driveway cuts, if   applicable.                (2)  "Open-enrollment charter school" means a school   granted a charter under Subchapter C, D, or E, Chapter 12, Education   Code.          (f)  Nothing in this section shall be construed to limit the   applicability of or waive fees for fire, safety, health, or   building code ordinances of the municipality prior to or during   construction of school buildings, nor shall any agreement waive any   fee or modify any ordinance of a municipality for an   administration, service, or athletic facility proposed for   construction by a school district or open-enrollment charter   school.          SECTION 6.  Section 552.053(b), Local Government Code, is   amended to read as follows:          (b)  The following may be exempt:                (1)  this state;                (2)  a county;                (3)  a municipality; or                (4)  [a] school districts and open-enrollment charter   schools [district].          SECTION 7.  Section 12.103(c), Education Code, is repealed.          SECTION 8.  An exemption granted to a school district under   Section 552.053(b)(4), Local Government Code, as that subdivision   existed before the effective date of this Act, automatically   extends to all open-enrollment charter schools located in the   municipality after the effective date of this Act unless the   municipality repeals the exemption before the effective date of   this Act.          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, 2023.