HBA-MPM H.B. 712 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 712
By: Krusee
Public Education
4/17/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, only the State Board of Education is authorized to grant
charters for open-enrollment charter schools.  H.B. 712 authorizes the
mayors of municipalities with a population of more than 500,000 residents
to grant no more than five charters for open-enrollment charter schools per
calendar year, and requires the board to assist the mayor in the
preparation of charter contracts and to provide assistance and perform any
other necessary duties required to establish and operate the schools.  This
bill also gives the mayor the authority to modify, revoke or renew the
granted charter. 

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 D, Chapter 12, Education Code, by adding Section
12.1012, as follows: 

Sec. 12.1012.  MUNICIPAL CHARTERS.  (a)  Prohibits the mayor of a
municipality with a population of 500,000 or more from granting more than
five charters per calendar year to open-enrollment charter schools (charter
schools) to be located within the municipality. Excludes charter renewals
and charters authorized under this subchapter from the prescribed minimal
limitation. 

(b)  Requires an applicant for a charter (applicant) to be an eligible
entity as defined in Section 12.101(a), Education Code (Authorization), and
to submit an application to the mayor on the form prescribed by the State
Board of Education (board) under Section 12.110 (Application) that contains
information required under Section 12.111 (Content). 

(c)  Requires a mayor to adopt criteria to use in selecting a program for
which to grant a charter.  Specifies that the mayor, in adopting criteria,
is not subject to Section 12.110(d), which authorizes the board to approve
or deny an application based on certain criteria. 

(d)  Requires the board to prepare a written charter contract on behalf of
the mayor granting the charter that is to be signed by the mayor, the chief
operating officer of the school, and the chair of the board.  Requires the
board to provide advice and assistance relating to charter schools to a
mayor authorized to grant a charter.  Requires the board to perform and
exercise all other duties and powers relating to charter schools granted a
charter that it would otherwise perform and exercise, with the exception
that the board must acquire the consent of the mayor prior to revising the
charter under Section 12.114 (Revision), modifying or revoking the charter,
or placing the charter school on probation under Section 12.115 (Basis for
Modification, Placement on Probation, Revocation, or Denial of Renewal);
and the mayor granting the charter shall determine whether to renew the
charter. 

(e)  Provides that a charter school granted a charter is subject to this
code to the same extent as a charter school granted a charter by the board,
except as provided by this  section. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.