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.