87R3740 CAE-F     By: Bailes H.B. No. 1748       A BILL TO BE ENTITLED   AN ACT   relating to the expansion of an open-enrollment charter school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.1101, Education Code, is amended to   read as follows:          Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION OR   EXPANSION AMENDMENT [ESTABLISHMENT OF CAMPUS]. The 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 of a request for an expansion amendment [notice of the   establishment of a campus as authorized] under Section 12.114   [12.101(b-4)]:                (1)  the superintendent and the board of trustees of   each school district from which the proposed open-enrollment   charter school or campus is likely to draw students, as determined   by the commissioner; and                (2)  each member of the legislature that represents the   geographic area to be served by the proposed school or campus, as   determined by the commissioner.          SECTION 2.  Section 12.114, Education Code, is amended to   read as follows:          Sec. 12.114.  REVISION OR AMENDMENT. (a) A revision of a   charter of an open-enrollment charter school that is not an   expansion amendment may be made only with the approval of the   commissioner. A revision of a charter of an open-enrollment   charter school that is an expansion amendment, as defined by   commissioner rule, may be made only in the manner provided by this   section. An expansion amendment includes any amendment to a   charter that is subject to approval under this section and would   result in an increase in the funds received by an open-enrollment   charter school under Chapter 48.          (b)  Not more than once each year, an open-enrollment charter   school may request approval of an expansion amendment to:                (1)  increase [to revise] the maximum allowable student   enrollment described by the school's charter;                (2)  add a new campus or site;                (3)  extend the grade levels described by the school's   charter; or                (4)  expand the geographic boundaries described by the   school's charter.          (c)  A [Not later than the 60th day after the date that a]   charter holder shall submit [submits] to the commissioner a   completed request for approval for an expansion amendment. The   request must identify any public school campus located within a   five-mile radius of the charter holder's existing or proposed   campus that may be affected by the requested expansion amendment.   The commissioner shall publicly post the request for approval for   an expansion amendment not later than the 10th business day after   the date the charter holder submits the request[, as defined by   commissioner rule, including a new school amendment, the   commissioner shall provide to the charter holder written notice of   approval or disapproval of the amendment].          (d)  The commissioner may approve an expansion amendment   only if:                (1)  the charter holder has complied with all expansion   amendment requirements, including providing notice in the manner   required by Section 12.1101;                (2)  the overall performance rating assessed for the   most recently completed school year under Section 39.054 for at   least 90 percent of all campuses operated by the charter holder is   A, B, or C; and                (3)  the charter holder has:                      (A)  an accreditation status of accredited; and                      (B)  a student population composed of students:                            (i)  at least 50 percent of whom are in   grades assessed under Subchapter B, Chapter 39; and                            (ii)  at least 50 percent of whom have been   enrolled in the school for three or more consecutive school years.          (e)  The commissioner may not waive a provision of this   section [A charter holder may submit a request for approval for an   expansion amendment up to 18 months before the date on which the   expansion will be effective. A request for approval of an expansion   amendment does not obligate the charter holder to complete the   proposed expansion].          SECTION 3.  Sections 12.101(b-4) and (b-10), Education Code,   are repealed.          SECTION 4.  This Act takes effect September 1, 2021.