TITLE: Relating to renewal, expiration, or revocation of charters of and evaluation of performance of open-enrollment charter schools providing education within a residential treatment facility.

SUMMARY: Relating to renewal, expiration, or revocation of charters of and evaluation of performance of open-enrollment charter schools providing education within a residential treatment facility.

FULL TEXT:
AN ACT relating to renewal, expiration, or revocation of charters of and evaluation of performance of open-enrollment charter schools providing education within a residential treatment facility. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.1141, Education Code, is amended by amending Subsections (c) and (d) and adding Subsection (d-1) to read as follows: (c) At the end of the term of a charter for an open-enrollment charter school, if a charter holder submits to the commissioner a petition for renewal of the charter and the charter does not meet the criteria for expedited renewal under Subsection (b) or for expiration under Subsection (d) or (d-1), as applicable,the commissioner shall use the discretionary consideration process. The commissioner's decision under the discretionary consideration process must take into consideration the results of annual evaluations under the performance frameworks established under Section 12.1181. The renewal of the charter of an open-enrollment charter school that is registered under the agency's alternative education accountability procedures for evaluation under Chapter 39 shall be considered under the discretionary consideration process regardless of the performance ratings under Subchapter C, Chapter 39, of the open-enrollment charter school or of any campus operating under the charter, except that if the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for any three of the five preceding school years, the commissioner shall allow the charter to expire under Subsection (d) or (d-1), as applicable.In considering the renewal of the charter of an open-enrollment charter school that is registered under the agency's alternative education accountability procedures for evaluation under Chapter 39, such as a dropout recovery school,but other than [or] a school providing education within a residential treatment facility, the commissioner shall use academic criteria established by commissioner rule that are appropriate to measure the specific goals of the school. The criteria established by the commissioner shall recognize growth in student achievement as well as educational attainment. For a school providing education within a residential treatment facility, the commissioner shall use criteria established by commissioner rule that are appropriate to measure the specific goals of the school and must consider the overall best interest of the students. For purposes of this subsection, the commissioner shall designate as a dropout recovery school an open-enrollment charter school or a campus of an open-enrollment charter school: (1) that serves students in grades 9 through 12 and has an enrollment of which at least 50 percent of the students are 17 years of age or older as of September 1 of the school year as reported for the fall semester Public Education Information Management System (PEIMS) submission; and (2) that meets the eligibility requirements for and is registered under alternative education accountability procedures adopted by the commissioner. (d) At the end of the term of a charter for an open-enrollment charter school, other than a school providing education within a residential treatment facility, if a charter holder submits to the commissioner a petition for renewal of the charter, the commissioner may not renew the charter and shall allow the charter to expire if: (1) the charter holder has been assigned the lowest performance rating under Subchapter C, Chapter 39, for any three of the five preceding school years; (2) the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for any three of the five preceding school years; (3) the charter holder has been assigned any combination of the ratings described by Subdivision (1) or (2) for any three of the five preceding school years; or (4) any campus operating under the charter has been assigned the lowest performance rating under Subchapter C, Chapter 39, for the three preceding school years and such a campus has not been closed. (d-1) At the end of the term of a charter for an open-enrollment charter school providing education within a residential treatment facility, if a charter holder submits to the commissioner a petition for renewal of the charter, the commissioner may not renew the charter and shall allow the charter to expire if: (1) the charter holder has been assigned the lowest performance rating under the performance standards established under the specific performance framework under Section 12.1181(a-1) for any three of the five preceding school years; (2) the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for any three of the five preceding school years; or (3) the charter holder has been assigned any combination of the ratings described by Subdivision (1) or (2) for any three of the five preceding school years. SECTION 2. Section 12.115, Education Code, is amended by amending Subsection (c) and adding Subsection (c-2) to read as follows: (c) The commissioner shall revoke the charter of an open-enrollment charter school,other than a school providing education within a residential treatment facility, if: (1) the charter holder has been assigned an unacceptable performance rating under Subchapter C, Chapter 39, for the three preceding school years; (2) the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance lower than satisfactory for the three preceding school years; or (3) the charter holder has been assigned any combination of the ratings described by Subdivision (1) or (2) for the three preceding school years. (c-2) The commissioner shall revoke the charter of an open-enrollment charter school providing education within a residential treatment facility if: (1) the charter holder has been assigned the lowest performance rating under the performance standards established under the specific performance framework under Section 12.1181(a-1) for the three preceding school years; (2) the charter holder has been assigned a financial accountability performance rating under Subchapter D, Chapter 39, indicating financial performance that is lower than satisfactory for the three preceding school years; or (3) the charter holder has been assigned any combination of the ratings described by Subdivision (1) or (2) for the three preceding school years. SECTION 3. Section 12.1181, Education Code, is amended by adding Subsection (a-1) to read as follows: (a-1) The specific performance framework adopted by the commissioner under this section for an open-enrollment charter school providing education within a residential treatment facility must establish standards that primarily emphasize the overall best interest of the students. SECTION 4. This Act takes effect September 1, 2015.