87R12111 MM-F     By: West S.B. No. 1965       A BILL TO BE ENTITLED   AN ACT   relating to an application for a charter for an open-enrollment   charter school and to the expansion of an open-enrollment charter   school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.101(b-4), Education Code, is amended   to read as follows:          (b-4)  Notwithstanding Section 12.114, approval of the   commissioner under that section is not required for establishment   of a new open-enrollment charter school campus if the requirements   of this subsection are satisfied.  A charter holder having an   accreditation status of accredited and at least 50 percent of its   student population in grades assessed under Subchapter B, Chapter   39, or at least 50 percent of the students in the grades assessed   having been enrolled in the school for at least three school years   may establish one or more new campuses under an existing charter   held by the charter holder if:                (1)  the charter holder is currently evaluated under   the standard accountability procedures for evaluation under   Chapter 39 and received a district rating in the highest or second   highest performance rating category under Subchapter C, Chapter 39,   for three of the last five years with at least 75 percent of the   campuses rated under the charter also receiving a rating in the   highest or second highest performance rating category and with no   campus with a rating in the lowest performance rating category in   the most recent ratings;                (2)  the charter holder provides written notice to the   commissioner of the establishment of any campus under this   subsection in the time, manner, and form provided by rule of the   commissioner; and                (3)  not later than the 60th day after the date the   charter holder provides written notice under Subdivision (2), the   commissioner does not provide written notice to the charter holder   that the commissioner has determined that:                      (A)  the charter holder does not satisfy the   requirements of this section; or                      (B)  the proposed campus will be located in the   attendance zone of a school district campus described by Section   12.110(d)(3).          SECTION 2.  Section 12.110, Education Code, is amended by   amending Subsection (d) and adding Subsections (f) and (g) 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; [and]                (3)  whether the geographical area to be served by the   proposed open-enrollment charter school includes the attendance   zone of a school district campus:                      (A)  that:                            (i)  received an overall performance rating   of A or B for the preceding school year;                            (ii)  did not have significant student   academic achievement differentials among students from different   racial and ethnic groups and socioeconomic backgrounds for the   preceding school year, as determined by the commissioner; and                            (iii)  is not at full enrollment capacity;   or                      (B)  for which a charter has been granted under   Subchapter C to replicate successful educational programs, as   determined by the commissioner, within the preceding five years;   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;                      (B)  criteria relating to improving student   performance and encouraging innovative programs; and                      (C)  a statement from any school district whose   enrollment is likely to be affected by the open-enrollment charter   school, including information relating to any financial difficulty   that a loss in enrollment may have on the district.          (f)  The commissioner may reject an application on the basis   that the application proposes an open-enrollment charter school   campus to be located in the attendance zone of a school district   campus described by Subsection (d)(3)(A) and for which enrollment   is open to any eligible student residing in the district only if   each campus in the district for which enrollment is open to any   eligible student residing in the district received an overall   performance rating of A or B for the preceding school year.          (g)  In approving an application that proposes an   open-enrollment charter school to serve a geographical area that   includes an entire county, the commissioner may require that the   school and each campus of the school be located outside of the   attendance zone of a school district campus described by Subsection   (d)(3).          SECTION 3.  Section 12.114, Education Code, is amended by   adding Subsection (e) to read as follows:          (e)  In determining whether to approve an expansion   amendment that would expand the geographical area served by   an open-enrollment charter school, the commissioner may consider   the factors described by Section 12.110(d)(3).          SECTION 4.  The changes in law made by this Act apply only to   an application for a charter for an open-enrollment charter school,   notice of the establishment of an open-enrollment charter school   campus, or a request for approval of an expansion amendment   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.