bill ending the notice shortcut for new charter campuses

The text as introduced · 814 words

89R1058 CXP-D

By: Johnson
S.B. No. 560

A BILL TO BE ENTITLED

AN ACT

relating to an application for the establishment of a new

open-enrollment charter school campus or site.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. 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 who [ that ]

represents the geographic area to be served by the proposed school

[ or campus ], as determined by the commissioner.

SECTION 2. Section 12.114, Education Code, is amended by

amending Subsection (c) and adding Subsection (c-1) to read as

follows:

(c) 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 or

site under Section 12.1142.

SECTION 3. 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. (a) A charter

holder may submit to the commissioner an application to establish a

new open-enrollment charter school campus or site as provided by

this section. The application must include the zip code of the

proposed campus or site.

(b) As soon as practicable after an application for a new

campus or site is submitted, the agency shall prepare a report that

includes a fiscal note estimating the total cost to the state and

the potential revenue loss for each affected school district for

the 10-year period following the establishment of the proposed

campus or site.

(c) The commissioner shall post to the agency's Internet

website each application received under this section along with the

report prepared under Subsection (b) for that application and shall

provide notice of each application and a copy of the report to:

(1) the superintendent and the board of trustees of

each school district from which the proposed campus or site is

likely to draw students, as determined by the commissioner; and

(2) each member of the legislature who represents the

geographic area to be served by the proposed campus or site, as

determined by the commissioner.

(d) Not sooner than 60 days after notice of an application

and a report prepared for that application are posted to the

agency's Internet website and provided to the persons listed under

Subsection (c), the commissioner shall submit to the State Board of

Education any application the commissioner proposes to approve and:

(1) the report prepared under Subsection (b); and

(2) any impact statements submitted to the

commissioner by a school district whose enrollment is likely to be

affected by the proposed campus or site.

(e) Unless, before the 90th day after the date on which the

State Board of Education receives an application proposing to

establish a new open-enrollment charter school campus or site, a

majority of the members of the board present and voting vote against

the charter holder's proposal, the application is approved and the

charter holder's proposal takes effect.

(f) The commissioner shall adopt rules regarding the

consideration of applications under this section that:

(1) allow a charter holder to submit an application at

least 36 months before the date proposed for the establishment of

the proposed campus or site; and

(2) provide for the consideration and approval or

disapproval of each application by the commissioner and the State

Board of Education only during even-numbered years.

SECTION 4. Sections 12.101(b-4) and (b-10), Education Code,

are repealed.

SECTION 5. The changes in law made by this Act apply only to

an application for the establishment of a new open-enrollment

charter school campus or site received by the commissioner of

education 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, 2025.