87R12084 MLH-D     By: Rodriguez H.B. No. 4002       A BILL TO BE ENTITLED   AN ACT   relating to the approval for the establishment of a new   open-enrollment charter school or open-enrollment charter school   campus.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 12.101, Education Code, is amended by   amending Subsection (b-4) and adding Subsection (b-9) 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 the charter holder does   not satisfy the requirements of this section; and                (4)  the new campus will not be located in the   attendance zone of a school district in which the number of students   enrolled at open-enrollment charter school campuses located in the   district exceeds six percent of the total number of students   residing in the district.          (b-9)  The commissioner may not grant a charter for an   open-enrollment charter school that the applicant proposes to be   located in the attendance zone of a school district in which the   number of students enrolled at open-enrollment charter school   campuses located in the district exceeds six percent of the total   number of students residing in the district.          SECTION 2.  Section 12.1011(a), Education Code, is amended   to read as follows:          (a)  Notwithstanding Section 12.101(b) and except as   provided by Section 12.101(b-9), the commissioner may grant a   charter for an open-enrollment charter school to an applicant that   is:                (1)  an eligible entity under Section 12.101(a)(3) that   proposes to operate the charter school program of a charter   operator that operates one or more charter schools in another state   and with which the eligible entity is affiliated and, as determined   by the commissioner in accordance with commissioner rule, has   performed at a level of performance comparable to performance under   the highest or second highest performance rating category under   Subchapter C, Chapter 39; or                (2)  an entity that has operated one or more charter   schools established under this subchapter or Subchapter C or E and,   as determined by the commissioner in accordance with commissioner   rule, has performed in the highest or second highest performance   rating category under Subchapter C, Chapter 39.          SECTION 3.  Section 12.114, Education Code, is amended by   amending Subsection (a) and adding Subsection (c-1) to read as   follows:          (a)  A revision of a charter of an open-enrollment charter   school to which Section 12.1142 does not apply may be made only with   the approval of the commissioner.          (c-1)  The commissioner may not approve a request for an   expansion amendment to the charter of an open-enrollment charter   school located, or proposed under the expansion amendment for a   campus to be located, in the attendance zone of a school district in   which the number of students enrolled at open-enrollment charter   school campuses located in the district exceeds six percent of the   total number of students residing in the district.          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 NEW   OPEN-ENROLLMENT CHARTER SCHOOL CAMPUS OR SITE.  The commissioner   may not approve more than five requests submitted by a charter   holder to establish a new open-enrollment charter school campus or   site.  If the commissioner has already approved five requests from a   charter holder and the charter holder submits additional requests   to establish a new open-enrollment charter school campus or site,   the commissioner must notify the State Board of Education and the   request must be approved by the State Board of Education.          SECTION 5.  The changes in law made by this Act apply only to   an application for a charter for an open-enrollment charter school,   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 6.  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.