Highlights 77th Texas Legislature - Senate

_______________________ E DUCATION/Public
DUCATION/Public
77 th Texas Legislature
Requires the commissioner to notify each school board and each member of the legislature of a charter
application in or affecting their districts.
Transfers authority to modify, place on probation, revoke, or deny renewal of a charter from the board to
the commissioner; includes protecting health, safety, and welfare of students as grounds for commissioner
action; requires the commissioner to adopt rules for hearings; requires the commissioner to include the
charter holder, rather than charter school operator, in the hearing process; and exempts a hearing from the
administrative procedures act, Chapter 2001, Government Code.
Prohibits a OECS that loses its charter from operating as a charter school or receiving state funding after
the end of the school year if the charter is withdrawn during the school year.
Authorizes the commissioner to impose sanctions on a charter school for violating its charter, financial
mismanagement, or violating an applicable rule or law.
Requires commissioner to hold a hearing within three days of an action and issue a decision immediately
after the hearing.
Authorizes the commissioner to conduct an audit of a charter school, a charter holder, or a management
company and restricts the audit to charter-related matters.
Requires OECS to admit students by lottery if more apply than can be accommodated or in order of
applications received before deadline if the charter school advertised enrollment opportunities and the
application deadline.
Prohibits persons with criminal records or a substantial interest in the management company from serving
on a governing body.
Establishes the responsibility for management, operation, and accountability of a charter school in the
governing body. Authorizes the attorney general to bring suit against a member of the governing body for
breach of fiduciary duty. Requires the commissioner to adopt rules for and provide training of members of
the OECS governing body and officers.
Prohibits a charter holder, governing body, member, or officer from accepting a loan from a managing
company that has a contract with a charter school under the control of the former.
Requires a management company to keep charter school records separate from all other company records.
Authorizes the commissioner to prohibit, deny renewal of, suspend, or revoke a contract between a charter
school and a management company for certain reasons.
Establishes property purchased or leased with state funds as state property, including real estate when
purchased with at least 50 percent state revenue and authorizes the commissioner to take possession and
dispose of property when a charter ceases to operate.
Requires teachers to have a high school diploma at minimum and requires the school to notify parents of a
teacher’s qualifications.
Authorizes the board to grant charters to a public senior college or university (IHE) to operate a charter
school on its campus or one located in the same county.
Senate Research Center 94