88R7317 CXP-D     By: Dean H.B. No. 4293       A BILL TO BE ENTITLED   AN ACT   relating to applications for the establishment of certain new   open-enrollment charter school campuses.          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. This subsection does not apply to   the establishment of a new open-enrollment charter school campus   for which an application is required to be submitted under Section   12.1142.  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 the charter holder does   not satisfy the requirements of this section.          SECTION 2.  Section 12.1101, Education Code, is amended to   read as follows:          Sec. 12.1101.  NOTIFICATION OF CHARTER APPLICATION OR   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] notice   of the establishment of a campus as authorized under Section   12.101(b-4), or an application for the establishment of a campus   under Section 12.1142:                (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 3.  Section 12.114, Education Code, is amended by   amending Subsection (c) and adding Subsection (c-1) to read as   follows:          (c)  Subject to Subsection (c-1), not [Not] later than the   60th day after the date that a charter holder submits to the   commissioner a completed request for approval for an expansion   amendment, 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.          (c-1)  This section does not apply to an application for the   establishment of a new open-enrollment charter school campus   required to be submitted to the commissioner under Section 12.1142.          SECTION 4.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1142 to read as follows:          Sec. 12.1142.  APPLICATION FOR ESTABLISHMENT OF CERTAIN NEW   OPEN-ENROLLMENT CHARTER SCHOOL CAMPUSES. (a) A charter holder   that seeks to establish a new open-enrollment charter school campus   in the attendance zone of a school district in which the charter   holder does not currently operate a campus must submit to the   commissioner an application to establish the campus as provided by   this section.  The application may be submitted up to 18 months   before the date on which the campus is anticipated to open.          (b)  The commissioner shall notify the State Board of   Education of each application the commissioner proposes to approve   under this section.  Unless, before the 90th day after the date on   which the board receives the notice from the commissioner, a   majority of the members of the board present and voting vote against   the approval of the application, the application is approved.          SECTION 5.  The changes in law made by this Act apply   beginning with the establishment of a new open-enrollment charter   school campus described by Section 12.1142, Education Code, as   added by this Act, that is anticipated to open for the 2025-2026   school year.          SECTION 6.  This Act takes effect September 1, 2023.