87R12421 MLH-D     By: West S.B. No. 1962       A BILL TO BE ENTITLED   AN ACT   relating to certain open-enrollment charter school admission   policies and the consideration of the number of special education   eligible students served by a charter holder in approving a charter   holder's application for an expansion amendment.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 or [,] 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;                (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 2.  Section 12.114, Education Code, is amended by   adding Subsection (e) to read as follows:          (e)  The commissioner may not approve a request for an   expansion amendment unless, at the time of the request, the charter   holder serves at minimum the lesser of:                (1)  the state average of students eligible to receive   services under Subchapter A, Chapter 29; or                (2)  the average of students eligible to receive   services under Subchapter A, Chapter 29, in the largest school   district in which the charter school operates a campus.          SECTION 3.  This Act applies beginning with the 2021-2022   school year.          SECTION 4.  Section 12.114(e), Education Code, as added by   this Act, applies to 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 5.  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, 2021.