85R11801 KKA-D     By: Collier H.B. No. 3014       A BILL TO BE ENTITLED   AN ACT   relating to the composition of the student body of an   open-enrollment charter school.          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 Subchapter E, Chapter 39;                (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 Subchapter E, Chapter 39, 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 Subchapter E, Chapter   39, as applicable;                (5)  prohibit discrimination in admission policy on the   basis of sex, national origin, ethnicity, religion, disability,   academic, artistic, or athletic ability, or, subject to Section   12.1173, 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, 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.  Subchapter D, Chapter 12, Education Code, is   amended by adding Section 12.1173 to read as follows:          Sec. 12.1173.  ADMISSION PREFERENCE FOR CERTAIN STUDENTS.   (a) The governing body of an open-enrollment charter school shall   adopt and implement admission procedures designed to ensure that   students who reside in the attendance zone of the school district   within the boundaries of which the school is located represent a   majority of the school's total enrollment.          (b)  To the extent necessary to achieve the result described   by Subsection (a):                (1)  a governing body that uses a lottery to fill   available positions, as authorized by Section 12.117, may conduct   separate lotteries for students who reside in the attendance zone   of the school district within the boundaries of which the school is   located and for students who do not reside in that attendance zone;   and                (2)  a governing body that fills available positions   based on the order in which applications were received, as   authorized by Section 12.117, may fill available positions based on   the order in which applications were received from students who   reside in the attendance zone of the school district within the   boundaries of which the school is located before filling available   positions with students who do not reside in that attendance zone.          (c)  The commissioner shall decline to renew the charter of   an open-enrollment charter school if the commissioner determines   that the governing body of the open-enrollment charter school has   not complied with this section, unless the commissioner determines   that the governing body made a good faith effort to comply but was   unable to achieve the result described by Subsection (a).           SECTION 3.  (a) Section 12.1173, Education Code, as added by   this Act, applies to each open-enrollment charter school authorized   under Subchapter D, Chapter 12, Education Code. A school in   operation before the effective date of this Act shall adopt and   implement the required procedures as soon as possible and shall   achieve the required student body composition by not later than the   third anniversary of the effective date of this Act. A school that   begins operation on or after the effective date of this Act shall   adopt and implement the required procedures as soon as possible and   shall achieve the required student body composition beginning with   the first school year of operation.          (b)  Section 12.1173, Education Code, as added by this Act,   does not affect the ability of a student enrolled in an   open-enrollment charter school during the 2016-2017 school year to   continue attending that school as long as the student maintains   enrollment during consecutive school years.          (c)  A sibling of a student described by Subsection (b) of   this section who seeks admission for any school year to the same   open-enrollment charter school as attended by the student described   by Subsection (b) during the 2016-2017 school year shall be   considered for purposes of admission as a student who resides in the   attendance zone of the school district within the boundaries of   which the school is located, regardless of the student's actual   residence.          SECTION 4.  This Act applies beginning with the 2017-2018   school year.          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, 2017.