HBA-ATS, MPM H.B. 211 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 211
By: Hochberg
Public Education
10/7/1999
Enrolled



BACKGROUND AND PURPOSE 

Some school districts and open-enrollment charter schools disagree with
certain decisions made by the attorney general with respect to public
information.  Districts or schools that disagree with those opinions may
appeal up to the supreme court level, which may create added costs to
taxpayers.  H.B. 211 provides that a school district or charter school that
seeks to withhold certain information about a child from that child's
parent, and that challenges an attorney general decision denying its
request to withhold the information, must file suit within 30 days of
receiving the attorney general's decision or comply with the decision, if
the suit is not brought within 30 days.  A school district or charter
school is prohibited from appealing the decision. 

This bill also excepts from public disclosure the name of an informer or
information that identifies the informer unless the informer participated
in the violation of a law, or, if the informer is a student, former
student, employee, or former employee consenting to disclosure.  However,
such information may be made available to a law enforcement agency or
prosecutor upon request. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 12.105(b), Education Code, to make any
requirement in Chapters 551 (Open Meetings) and 552 (Public Information),
Government Code, relating to a school district (district), school board, or
school children applicable to an open-enrollment charter school (charter
school) and to the children attending it. 

SECTION 2.  Amends Section 12.111, Education Code, to include the following
details in the charter as necessary information that describes the
governing structure of the program: 

 _the officer positions designated;
 _the manner in which officers are selected and removed from office;
 _the manner in which members of the governing body are selected and
removed from office; 
 _the manner in which vacancies on the governing board are filled;
 _the term for which members of the governing body serve; and
 _whether the terms are to be staggered.

SECTION 3.  Amends Subchapter D, Chapter 12, Education Code, by adding
Sections 12.119 and 12.120, as follows: 

Sec. 12.119.  BYLAWS; ANNUAL REPORT.  (a) Requires each entity granted a
charter for a charter school to file a copy of its bylaws or a comparable
document with the State Board of Education. 

(b) Requires each charter school annually to file a listing of its officers
and board members and their compensation with the State Board of Education. 
 
(c) Requires the State Board of Education to make information from this
section and the information that describes the governing structure of the
program available to the public upon request. 


Sec. 12.120.  LIMITATION ON SERVING AS OFFICER OR EMPLOYEE.  Prohibits a
person convicted of a felony or crimes of moral turpitude from serving as
charter school officers or board members. 

SECTION 4.  Amends Section 53.02, Education Code, by adding Subdivision
(13), to define "authorized charter school." 

SECTION 5.  Amends Section 53.48, Education Code, to allow certain
nonprofit corporations to issue bonds to finance or refinance educational
or housing facilities for use by an authorized charter school. 

SECTION 6.  Amends Subchapter C, Chapter 552, Government Code, by adding
Section 552.131, as follows: 

Sec. 552.131.  EXCEPTION:  CERTAIN INFORMATION HELD BY SCHOOL DISTRICT.
Defines "informer."  Excepts from public disclosure the name of an informer
or information that identifies the informer unless the informer
participated in the violation of a law, or, if the informer is a student,
former student, employee, or former employee consenting to disclosure.
Authorizes such information to be made available to a law enforcement
agency or prosecutor upon request.  Provides that this section does not
infringe on or impair the confidentiality of information considered to be
confidential by law. 

SECTION 7.  Amends Section 26.007(b), Education Code, to provide that the
public meeting of a board of trustees of a school district does not have to
be held in the boundaries of the district if the board holds a joint
meeting with a governmental entity and the boundaries of that entity are in
whole or in part within the district's boundaries. 

SECTION 8.  Amends Chapter 26, Education Code, by adding Section 26.0085,
as follows: 

Sec. 26.0085.  REQUESTS FOR PUBLIC INFORMATION.  Provides that a school
district or charter school that seeks to withhold certain information about
a child from that child's parent, and that challenges an attorney general
decision denying its request to withhold the information, must file suit
within 30 days of receiving the attorney general's decision or comply with
the decision, if the suit is not brought within 30 days.  Requires a court
to grant such a suit precedence over other pending matters to ensure a
prompt resolution.  Prohibits a school district or charter school from
appealing the decision, but does not affect the right of a parent to
appeal.  Requires a school district or charter school that receives a
request from a parent's child for public information about that child to
comply with Chapter 552, Government Code. 

SECTION 9.  Makes application of Section 26.0085, Education Code,
prospective. 

SECTION 10.  Requires each open-enrollment charter school for which a
charter is granted before September 1, 1999, to revise its charter as
necessary to comply with Section 12.111, Education Code, by January 1,
2000.  Requires the entity to which a charter for an open-enrollment
charter school is granted to file a copy of its bylaws or other document as
required by Section 12.119(a), Education Code, by January 1, 2000. 

SECTION 11.Emergency clause
  Effective date:  upon passage.