TITLE: Relating to requiring State Board of Education approval for the expansion of an open-enrollment charter school.

SUMMARY: Relating to requiring State Board of Education approval for the expansion of an open-enrollment charter school.

FULL TEXT:
AN ACT relating to requiring State Board of Education approval for the expansion of an open-enrollment charter school. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.1012, Education Code, is amended by adding Subdivision (1-a) to read as follows: (1-a) "Expansion amendment" means an amendment to the charter of an open-enrollment charter school that permits the school to: (A) increase its maximum allowable enrollment; (B) extend the grade levels it serves; (C) add a campus or site; or (D) change its geographic boundaries. 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)]:(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 to read as follows: Sec. 12.114. REVISION OR EXPANSION AMENDMENT.(a) A revision of a charter of an open-enrollment charter school that is not an expansion amendment may be made only with the approval of the State Board of Education [commissioner].An expansion amendment may be made only with the approval of the board and in the manner provided by this section. (b) Not more than once each year, an open-enrollment charter school may request approval of an expansion amendment [to revise the maximum student enrollment described by the school's charter].(c) A [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 must include the following information: (1) if increasing the student enrollment, the necessity for expansion of the charter school; (2) if extending the grade levels, the necessity to extend the grade levels; (3) the history of the charter school's accountability under Subchapters B, C, D, F, and G, Chapter 39, and under Chapter 39A during the previous five school years; and (4) a fiscal note estimating the additional cost to the state for the expansion of the charter school [ 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].(d) The State Board of Education may not approve the expansion of an open-enrollment charter school if the school has not received an overall performance rating under Section 39.054 of A or Bfor 90 percent of the ratings issued to the school for the past five school years. (e) A charter holder shall [may] submit the [a] request for approval for an expansion amendment in the time, manner, and form required by the State Board of Education [up to 18 months before the date on which the expansion will be effective].A request for approval of an expansion amendment does not obligate the charter holder to complete the proposed expansion. SECTION 4. Sections 12.101(b-4) and (b-10), Education Code, are repealed. SECTION 5. Section 12.114, Education Code, as amended by this Act, applies only to a request for approval for 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.