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Highlights 77th Texas Legislature - Senate

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_______________________ E DUCATION/Public<br />

DUCATION/Public<br />

77 th <strong>Texas</strong> <strong>Legislature</strong><br />

Authorizes a peace officer to take a juvenile into custody for violation of a curfew and sets forth<br />

requirements for holding the student.<br />

Classifies unexcused absences of 10 days in a six-month period in the same school or three days in any<br />

four-week period as conduct requiring supervision in counties with a population less than 100,000.<br />

Open-Enrollment Charter School Changes - H.B. 6<br />

by Representative Dunnam, et al.<br />

<strong>Senate</strong> Sponsor: Senator Bivins<br />

Open-enrollment charter schools (OECS), operating for up to five years, have revealed the need for<br />

enhanced academic and fiscal accountability measures.<br />

Authorizes the State Board of Education (board) to approve charters for only those applicants that meet all<br />

standards adopted by the commissioner of education (commissioner).<br />

Limits the number of OECS the board may authorize to 215.<br />

Requires OECS to abide by municipal zoning ordinances governing public schools in cities with population<br />

above 20,000.<br />

Allows the commissioner to permit OECS to receive services from educational regional service centers and<br />

to participate in state programs for school districts.<br />

Identifies a charter school and its governing body as governmental entities for the purpose of open-meeting<br />

laws, as those laws apply to public schools and boards of trustees. Designates charter school records as<br />

governmental records and provides for transfer and safekeeping of records from a charter school that<br />

ceases to operate.<br />

Requires OECS to abide by state laws on public purchasing and contracting, conflict of interest, and<br />

nepotism.<br />

Limits the number of employees or relatives serving on a governing body unless the charter school has<br />

been rated acceptable for two of the last three years.<br />

Extends school board liability limits to OECS governing body members.<br />

Bases state funding for OECS on statewide averages, rather than the revenue generated in the school<br />

district in which each student resides.<br />

Allows OECS to participate in grant and discretionary programs unless specifically prohibited.<br />

Authorizes the commissioner to adopt rules to provide and account for state funding.<br />

Establishes that state funding for an OECS deposited in a bank is a public fund held in trust for its students<br />

and requires the OECS governing body to deliver a depository contract with a bank to the commissioner.<br />

Requires a charter holder who receives state funds after September 1, 2001, to be subject to and accept<br />

liability for public funds held in trust.<br />

Allows OECS to charge fees as public schools do.<br />

<strong>Senate</strong> Research Center 93

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