HBA-TYH H.B. 3754 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3754
By: Krusee
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Open-enrollment charter schools are Texas public schools, paid for with
state funds.  Charter schools, like other public schools, are a part of the
Texas Education Agency (agency) accountability system.  Because a charter,
or contract, exists, charter schools are further held accountable by the
State Board of Education (board), which monitors compliance with the
charter.  Charters are free public schools and must take all eligible
students up to their maximum enrollment. 

Charter schools are designed to offer equitable choices to parents within
the public school system. The basic premise is that charters are released
from many state laws, board rules, and agency regulations in return for
increased student performance.  Currently, approved Texas open-enrollment
charters include neighborhood schools where none existed previously, two
schools specifically designed to offer bilingual programs, several drop-out
recovery high schools, a school specializing in individual instruction
attracting a high percentage of special education students, an
International Baccalaureate curriculum middle school, and two distance
learning schools.  Most charter schools are unique in that they are a
response to a perceived need in the community that developed them. 

H.B. 3754 establishes the Charter School Commission (commission) and
transfers jurisdiction over the charter schools from the board to the
commission. 

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 Subchapter D, Chapter 12, Education Code, by adding
Section 12.1012, as follows: 
 
Sec. 12.1012.  CHARTER SCHOOL COMMISSION.  (a)  Provides that the Charter
School Commission (commission) is composed of five members appointed as
follows: 

_three members appointed by the governor with the advice and consent of the
senate; 

_one member appointed by the commissioner of education;

_one member appointed by the chair of the State Board of Education (board).

(b)  Prohibits an appointment to the commission from being made with regard
to the race, creed, sex, religion, or national origin of the appointed
member.  
 
(c)  Provides that a person is not eligible for service on the commission
if the person holds an office with this state or any political subdivision
of this state or is required to register as a lobbyist under Chapter 305
(Registration of Lobbyists), Government Code. 
 
(d)  Provides that members of the commission serve for two-year terms
expiring February 1 of each odd-numbered year.  Prohibits a member of the
commission from serving more than two full terms as a commission member.  
  
(e)  Requires the governor, with the advice and consent of the senate, to
appoint the chair from among the membership of the commission.  Provides
that the chair serves at the pleasure of the governor.  
 
(f)  Requires the commission to hold four meetings a year on dates
determined by the chair and may hold other meetings at the call of the
chair.  
 
(g)  Provides that a member of the commission is not entitled to receive
compensation for service on the commission.  Provides that a member of the
commission is entitled to reimbursement for actual and necessary expenses
incurred in discharging the member's duties as a commission member as
provided by the General Appropriations Act.  

(h)  Requires the Texas Education Agency to provide staff and facilities
for the commission.  

SECTION 2.  Amends Sections 12.101(a) and (b), Education Code, to delete
reference to the  board and replace it with the commission.  Makes a
conforming change. 

SECTION 3.  Section 12.1011(a), Education Code, to make a conforming change.

SECTION 4.  Sections 12.110(a), (c), and (d), Education Code, to make
conforming changes. 
 
SECTION 5.  Section 12.112, Education Code, to make a conforming change.
 
SECTION 6.  Section 12.113, Education Code, to make conforming changes.
 
SECTION 7.  Section 12.114, Education Code, to make a conforming change.
 
SECTION 8.  Section 12.115, Education Code, to make conforming changes.
 
SECTION 9.  Section 12.116(a), Education Code, to make a conforming change.

SECTION 10.  Section 12.118(a), Education Code, to make a conforming change.

SECTION 11.  Repealer: Section 7.102(c)(9) (State Board of Education Powers
and Duties), Education Code.  This subsection authorizes the board to grant
an open-enrollment charter or approve a charter revision as provided by
Subchapter D (Home-Rule School District Charter), Chapter 12. 

SECTION 12.  Effective date: September 1, 1999.

SECTION 13.  (a)  Requires each appointing authority specified by this Act,
not later than November 1, 1999, to make the initial appointments to the
commission.  
 
(b)  Authorizes the board, during the period beginning September 1, 1999,
and ending on the date that a quorum of the commission has been appointed
and has qualified for office, to modify a charter for an open-enrollment
charter school granted by the board under Subchapter D, Chapter 12,
Education Code, as that law existed on January 1, 1999, or to place such a
charter on probation, but prohibits the board from revoking such a charter.
 
(c)  Provides that a charter for an open-enrollment charter school granted
by the State Board of Education under Subchapter D, Chapter 12, Education
Code, as that law existed on January 1, 1999, or a revision to such a
charter, remains valid for the period for which it was granted unless the
charter is modified or placed on probation by the board under Subsection
(b) or by the commission.  Authorizes the commission to take any action
concerning such a charter as if the commission had granted the charter.  

SECTION 14.  Emergency clause.