84R24796 MK-F
	By: Deshotel, Villalba, Huberty, et al.	H.B. No. 1798
	Substitute the following for H.B. No. 1798:
	By:  Aycock	C.S.H.B. No. 1798

	A BILL TO BE ENTITLED
	AN ACT
	relating to local control school districts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 12, Education Code, is
	amended to read as follows:
	CHAPTER 12. CHARTERS AND OTHER ALTERNATIVES
	SECTION 2.  Section 12.001(b), Education Code, is amended to
	read as follows:
	(b)  This chapter shall be applied in a manner that ensures
	the fiscal and academic accountability of persons operating
	[holding charters issued] under this chapter. This chapter may not
	be applied in a manner that unduly regulates the instructional
	methods or pedagogical innovations of [charter] schools operating
	under this chapter.
	SECTION 3.  Section 12.0011, Education Code, is amended to
	read as follows:
	Sec. 12.0011.  ALTERNATIVE METHOD OF OPERATION. As an
	alternative to operating in the manner generally provided by this
	title, an independent school district, a school campus, or an
	educational program may choose to operate [under a charter] in
	accordance with this chapter.
	SECTION 4.  Section 12.002, Education Code, is amended to
	read as follows:
	Sec. 12.002.  CLASSES OF ALTERNATIVES [CHARTER]. The
	classes of alternatives [charter] under this chapter are:
	(1)  a local control [home-rule] school district
	[charter] as provided by Subchapter B;
	(2)  a campus or campus program charter as provided by
	Subchapter C; or
	(3)  an open-enrollment charter as provided by
	Subchapter D.
	SECTION 5.  Subchapter B, Chapter 12, Education Code, is
	amended to read as follows:
	SUBCHAPTER B. LOCAL CONTROL [HOME-RULE] SCHOOL DISTRICT [CHARTER]
	Sec. 12.011.  AUTHORIZATION AND STATUS. (a) In accordance
	with this subchapter, a school district may adopt a local control
	plan [home-rule school district charter] under which the district
	will operate.
	(b)  The adoption of a local control plan [home-rule school
	district charter] by a school district does not affect:
	(1)  the district's boundaries; or
	(2)  taxes or bonds of the district authorized before
	the effective date of the plan [charter].
	Sec. 12.012.  APPLICABILITY OF LAWS AND RULES TO LOCAL
	CONTROL [HOME-RULE] SCHOOL DISTRICT. (a) A local control
	[home-rule] school district is subject to federal and state laws
	and rules governing school districts, except that a local control
	[home-rule] school district is subject to:
	(1)  this code only to the extent that the
	applicability to a local control [home-rule] school district of a
	provision of this code is specifically provided;
	(2)  a rule adopted under this code by the State Board
	of Education or the commissioner only if the code provision
	authorizing the rule specifically applies to a local control
	[home-rule] school district; and
	(3)  all requirements of federal law and applicable
	court orders relating to eligibility for and the provision of
	special education and bilingual programs.
	(b)  An employee of a local control [home-rule] school
	district who qualifies for membership in the Teacher Retirement
	System of Texas shall be covered under the system in the same manner
	and to the same extent as a qualified employee employed by an
	independent school district is covered.
	(c)  This section does not permit a local control [home-rule]
	school district to discriminate against a student who has been
	diagnosed as having a learning disability, including dyslexia or
	attention deficit/hyperactivity disorder. Discrimination
	prohibited by this subsection includes denial of placement in a
	gifted and talented program if the student would otherwise be
	qualified for the program but for the student's learning
	disability. This section does not permit a local control
	[home-rule] school district to, on the basis of race, socioeconomic
	status, learning disability, or family support status, place a
	student in a program other than the highest-level program necessary
	to ensure the student's success.
	Sec. 12.0121.  IMMUNITY FROM LIABILITY. In matters related
	to the operation of a local control school district, a local control
	school district is immune from liability to the same extent as an
	independent school district, and its employees and volunteers are
	immune from liability to the same extent as independent school
	district employees and volunteers.  A member of the governing body
	of a local control school district is immune from liability to the
	same extent as an independent school district trustee.
	Sec. 12.013.  APPLICABILITY OF TITLE. (a) A local control
	[home-rule] school district has the powers and entitlements granted
	to school districts and school district boards of trustees under
	this title, including taxing authority.
	(b)  A local control [home-rule] school district is subject
	to:
	(1)  a provision of this title establishing a criminal
	offense;
	(2)  a provision of this title relating to limitations
	on liability; and
	(3)  a prohibition, restriction, or requirement, as
	applicable, imposed by this title or a rule adopted under this
	title, relating to:
	(A)  the Public Education Information Management
	System (PEIMS) to the extent necessary to monitor compliance with
	this subchapter as determined by the commissioner;
	(B)  educator certification under Chapter 21,
	confidentiality of performance evaluations under Section 21.355,
	and educator rights under Sections 21.407, 21.408, and 22.001;
	(C)  criminal history records under Subchapter C,
	Chapter 22;
	(D)  student admissions under Section 25.001;
	(E)  school attendance under Sections 25.085,
	25.086, and 25.087;
	(F)  inter-district or inter-county transfers of
	students under Subchapter B, Chapter 25, and transfers of students
	under Sections 25.0341 and 25.0342;
	(G)  the required curriculum under Section 28.002
	[elementary class size limits under Section 25.112, in the case of
	any campus in the district that fails to satisfy any standard under
	Section 39.054(e)];
	(H)  high school graduation under Section 28.025;
	(I)  special education programs under Subchapter
	A, Chapter 29;
	(J)  bilingual education under Subchapter B,
	Chapter 29;
	(K)  prekindergarten programs under Subchapter E,
	Chapter 29;
	(L)  safety provisions relating to the
	transportation of students under Sections 34.002, 34.003, 34.004,
	and 34.008;
	(M)  computation and distribution of state aid
	under Chapters 31, 42, [and] 43, and 46;
	(N)  extracurricular activities under Section
	33.081;
	(O)  restrictions under Section 37.0021 on the use
	with students of confinement, restraint, seclusion, and time-out;
	(P)  health and safety under Chapter 38;
	(Q) [(P)]  public school accountability under
	Subchapters B, C, D, E, F, and J, Chapter 39;
	(R) [(Q)]  equalized wealth under Chapter 41;
	(S) [(R)]  a bond or other obligation or tax rate
	under Chapters 42, 43, and 45; and
	(T) [(S)]  purchasing under Chapter 44.
	Sec. 12.0131.  APPLICABILITY OF ELECTION CODE. The Election
	Code, including Title 15, Election Code, applies to:
	(1)  a petition submitted to the board of trustees of a
	school district under Section 12.014; and
	(2)  a local control plan election held under Section
	12.019.
	Sec. 12.014.  APPOINTMENT OF LOCAL CONTROL [CHARTER]
	COMMISSION. (a) The board of trustees of a school district shall
	appoint a local control [charter] commission to frame a local
	control plan for the [home-rule] school district [charter] if:
	(1)  the board receives a petition requesting the
	appointment of a local control [charter] commission to frame a
	local control plan for the [home-rule] school district [charter]
	signed by at least five percent of the registered voters of the
	district; or
	(2)  at least two-thirds of the total membership of the
	board adopt a resolution ordering that a local control [charter]
	commission be appointed.
	(b)  A petition submitted under Subsection (a)(1) may
	designate one or more persons as lead petitioner.
	Sec. 12.0141.  REQUIRED STATEMENT FOR PETITION. For a
	petition under Section 12.014(a)(1) to be valid, the petition must
	include the following, or a substantially similar, statement on
	each page of the petition that precedes the space reserved for
	signatures: "This petition is to request that a local control
	commission be appointed for the purpose of proposing a local
	control plan under which (name of school district) will operate if
	the plan is approved at an election of voters of the district. The
	local control commission will be composed of 15 residents of the
	district."
	Sec. 12.015.  LOCAL CONTROL [CHARTER] COMMISSION. (a) Not
	later than the 30th day after the date of [receipt of a petition or]
	adoption of a resolution under Section 12.014(a)(2) [12.014], the
	board of trustees of the school district shall appoint 15 residents
	of the district to serve on the commission to frame a local control
	plan [charter] for the district, as provided by Subsection (b-1).
	(a-1)  Not later than the 30th day after the date the board of
	trustees of the school district receives a petition under Section
	12.014(a)(1), the board shall appoint the following 15 residents of
	the district to serve on the commission to frame a local control
	plan for the district:
	(1)  seven residents who are selected by the board; and
	(2)  eight residents who are selected by the lead
	petitioner, provided that the petition designates one or more
	persons as lead petitioner.
	(b)  To the extent practicable, the [The] membership of the
	local control [charter] commission must reflect the racial and [,]
	ethnic[, socioeconomic, and geographic] diversity of the
	population of the district of voting age.
	(b-1)  If the local control commission is appointed in
	accordance with Subsection (a), the board shall appoint the
	following residents of the district to serve on the commission to
	frame a local control plan for the district:
	(1)  at least eight [A majority of the members
	appointed to the commission must be] parents of school-age children
	attending public school;
	(2)  at least two administrators employed by the
	district; and
	(3)  two [. At least 25 percent of the commission must
	be] classroom teachers employed by the district [selected by the
	representatives of the professional staff pursuant to Section
	11.251(e)].
	(b-2)  If the local control commission is appointed under
	Subsection (a-1), and the petition designates one or more persons
	as lead petitioner, the board and the lead petitioner shall each
	select for the commission:
	(1)  at least four parents of school-age children
	attending public school;
	(2)  at least one administrator employed by the
	district; and
	(3)  one classroom teacher employed by the district.
	(b-3)  The board may not refuse to appoint a member of a
	commission who is selected by the lead petitioner if the member is
	otherwise eligible to serve on the commission.
	(b-4)  If the local control commission is appointed under
	Subsection (a-1), and the petition does not designate one or more
	persons as lead petitioner, the board shall appoint the members of
	the local control commission in accordance with Subsection (b-1).
	(c)  The local control [charter] commission must complete a
	proposed local control plan [charter] not later than the first
	anniversary of the date of its appointment. After that date, the
	commission expires and the appointment under Section 12.014 is
	void.
	(d)  A local control [charter] commission appointed under
	this section is considered a governmental body for purposes of
	Chapters 551 and 552, Government Code.
	(e)  A local control commission shall hold at least three
	public hearings to allow interested persons to present comments
	related to the proposed local control plan developed by the
	commission. The commission shall provide notice of each public
	hearing to the public.
	Sec. 12.016.  CONTENT. (a) Each local control plan
	[home-rule school district charter] must:
	(1)  describe the educational program to be offered;
	(2)  provide that continuation of the local control
	[home-rule] school district [charter] is contingent on:
	(A)  acceptable student performance on assessment
	instruments adopted under Subchapter B, Chapter 39; and
	(B)  compliance with other applicable
	accountability provisions under Chapter 39;
	(3)  specify any basis, in addition to a basis
	specified by this subchapter, on which the local control school
	district [charter] may be placed on probation or the local control
	plan may be revoked;
	(4)  describe the governing structure of the district
	and campuses;
	(5)  specify any procedure or requirement, in addition
	to those under Chapter 38, that the district will follow to ensure
	the health and safety of students and employees;
	(6)  describe the process by which the district will
	adopt an annual budget, including a description of the use of
	program-weight funds;
	(7)  describe the manner in which an annual audit of
	financial and programmatic operations of the district is to be
	conducted, including the manner in which the district will provide
	information necessary for the district to participate in the Public
	Education Information Management System (PEIMS) to the extent
	required by this subchapter; and
	(8)  include any other provision the charter commission
	considers necessary.
	(b)  A local control plan may include provisions that impose
	requirements on the district that are similar or identical to
	federal or state laws that a local control school district is not
	otherwise subject to under Section 12.012.  A requirement imposed
	under this subsection is not a school law of this state for purposes
	of Section 7.057 and does not create an entitlement to a hearing
	under Subchapter F or G, Chapter 21.
	[Sec.   12.017.     DETERMINATION OF COMPLIANCE WITH VOTING
	RIGHTS ACT. (a) The charter commission shall submit the proposed
	charter to the secretary of state. The secretary of state shall
	determine whether a proposed charter contains a change in the
	governance of the school district.
	[(b)     If the secretary of state determines that a proposed
	charter contains a change in the governance of the school district,
	the secretary of state shall, not later than the second working day
	after the date the secretary of state makes that determination,
	notify the board of trustees of the school district. The board shall
	submit the proposed change to the United States Department of
	Justice or the United States District Court for the District of
	Columbia for preclearance under the Voting Rights Act   (42 U.S.C.
	Section 1973c et seq.).]
	Sec. 12.018.  LEGAL REVIEW. The local control [charter]
	commission shall submit the proposed local control plan [charter]
	to the commissioner.  As soon as practicable, but not later than the
	30th day after the date the commissioner receives the proposed
	local control plan [charter], the commissioner shall review the
	proposed local control plan [charter] to ensure that the proposed
	local control plan [charter] complies with any applicable laws and
	shall recommend to the local control [charter] commission any
	modifications necessary.  If the commissioner does not act within
	the prescribed time, the proposed local control plan [charter] is
	approved.
	Sec. 12.019.  LOCAL CONTROL PLAN [CHARTER] ELECTION.  (a)  As
	soon as practicable after approval of a proposed local control plan
	[home-rule school district charter] under Section 12.018, the board
	of trustees of the district shall order an election on the proposed
	local control plan [charter].
	(b)  The proposed local control plan [charter] shall be
	submitted to the voters of the district at an election to be held on
	the first uniform election date in November of an even-numbered
	year that occurs at least 78 [45] days after the date on which the
	board of trustees orders the election.
	(c)  At least three copies of the proposed local control plan
	[charter] must be available in the office of each school campus in
	the district and at the district's central administrative office
	between the date of the election order and election day.  Notice of
	the election must include a statement of where and how copies may be
	obtained or viewed.  A summary of the content of the proposed local
	control plan [charter] shall be attached to each copy.  The summary
	also shall be made available to school district employees, parents,
	community members, and members of the media.
	(d)  The ballot shall be printed to permit voting for or
	against the proposition "Whether the (name of school district)
	School District shall be governed under the local control plan
	[home-rule school district charter], which is proposed by a local
	control [charter] commission appointed by the board of trustees and
	under which only certain laws and rules apply to the district."
	Sec. 12.020.  LOCAL CONTROL PLAN [CHARTER] AMENDMENT. (a)
	At any time after the fourth year that a school district has
	operated under a local control plan, the [The] governing body of the
	local control [a home-rule] school district on its own motion may
	submit a proposed [charter] amendment to the local control plan
	that complies with this subchapter to the commissioner for legal
	review.
	(b)  A petition to amend a local control plan may be
	submitted to the governing body of the district at any time after
	the fourth year that the district has operated under the local
	control plan. On receipt of a petition, the [The] governing body
	shall submit a proposed [charter] amendment that complies with this
	subchapter to the commissioner for legal review if the [a] petition
	[submitted to the governing body proposing the charter amendment]
	is signed by at least five percent of the registered voters of the
	district.  The petition must designate one or more persons as lead
	petitioner.
	(c)  As soon as practicable, but not later than the 30th day
	after the date on which the requirements [for an election] under
	Subsection (a) or (b) are satisfied, the commissioner shall review
	the proposed amendment to ensure that the proposed amendment
	complies with any applicable laws and shall recommend any
	modifications necessary. If the commissioner does not act within
	the prescribed time, the proposed [charter] amendment is approved.
	(d)  As soon as practicable after commissioner review under
	Subsection (c), the governing body of the district shall order an
	election on the proposed amendment.
	(e)  An election under this section shall be held on the
	first uniform election date in November of an even-numbered year
	that occurs at least 78 [45] days after the date the election is
	ordered.
	(f)  Notice of the election must include a substantial copy
	of the proposed [charter] amendment to the local control plan.
	(g)  An [A charter] amendment to a local control plan may not
	contain more than one subject.
	(h)  The ballot shall be prepared so that a voter may approve
	or disapprove any one or more [charter] amendments to a local
	control plan without having to approve or disapprove all of the
	[charter] amendments to a local control plan.
	(i)  The governing body may not order an election on a
	proposed [charter] amendment to a local control plan earlier than
	the first anniversary of the date of any previous election to amend
	the plan [charter].
	[(j)     Section 12.017 applies to a proposed charter
	amendment, except that the governing body shall submit the proposed
	charter amendment to the secretary of state.]
	Sec. 12.021.  ADOPTION OF LOCAL CONTROL PLAN [CHARTER] OR
	[CHARTER] AMENDMENT. (a)  A [Subject to Section 12.022, a] proposed
	local control plan [home-rule school district charter] or a
	proposed [charter] amendment to a local control plan is adopted if
	approved by a majority of the qualified voters of the district
	voting at an election held for that purpose.
	(b)  A local control plan [charter] or [charter] amendment to
	a local control plan shall specify an effective date, which may not
	be earlier than the end of the school year during which the election
	to adopt a local control plan or amendment to a local control plan
	occurs. A local control plan or amendment to a local control plan
	[and] takes effect according to its terms when the board of trustees
	or governing body of the school district enters an order declaring
	that the plan [charter] or [charter] amendment is adopted.  The
	board of trustees or governing body shall enter an order not later
	than the 10th day after the date the canvass of the election returns
	is completed.
	(c)  As soon as practicable after a school district adopts a
	local control plan or amendment to a local control plan [home-rule
	school district charter or charter amendment], the board of
	trustees or governing body shall notify the commissioner of the
	outcome of the election.
	Sec. 12.022.  [MINIMUM VOTER TURNOUT REQUIRED. (a) An
	election on the adoption of a proposed home-rule school district
	charter has no effect unless at least 25 percent of the registered
	voters of the district vote in the election in which the adoption of
	the charter is on the ballot.
	[(b)     An election on the adoption of a proposed amendment to
	a home-rule school district charter has no effect unless at least 20
	percent of the registered voters of the district vote in the
	election in which the adoption of the amendment is on the ballot.
	[(c)     If the required number of voters prescribed by
	Subsection (a) or (b) do not vote in the election, the board of
	trustees shall order an election on the issue to be held on the
	first uniform election date:
	[(1)     that occurs at least 45 days after the date the
	election is ordered; and
	[(2)     on which one or more elections are to be held, the
	combination of which covers all of the territory of the school
	district.
	[(d)     If the required number of voters prescribed by
	Subsection (a) or (b) do not vote at an election ordered as required
	by Subsection (c), the board of trustees may continue to order
	elections on the issue in accordance with Subsection (c) until the
	required minimum voter turnout is achieved.
	[Sec.   12.023.     CERTIFICATION OF CHARTER OR CHARTER
	AMENDMENT.   (a)   As soon as practicable after a school district
	adopts a home-rule school district charter or charter amendment,
	the president of the board of trustees shall certify to the
	secretary of state a copy of the charter or amendment showing the
	approval by the voters of the district.
	[(b)     The secretary of state shall file and record the
	certification in the secretary of state's office.
	[Sec.     12.024.     EFFECT OF RECORDING CHARTER OR CHARTER
	AMENDMENT.   A recorded charter or charter amendment is a public act.
	A court shall take judicial notice of a recorded charter or charter
	amendment and proof is not required of its provisions.
	[Sec.  12.025.]  GOVERNANCE.  (a)  A local control
	[home-rule] school district may adopt and operate under any
	governing structure.
	(b)  In conformity with the local control plan, the governing
	body of the [The] district may:
	(1)  create offices;
	(2)  determine the time and method for selecting
	officers; [and]
	(3)  prescribe the qualifications and duties of
	officers; and
	(4)  prescribe procedures to recall or remove members
	or officers.
	(c)  Subject to Subsection (b)(4), the [The] term of any
	member of the governing body [officer] of the district is
	determined under Section 11.059.
	Sec. 12.023 [12.026].  CHANGE IN GOVERNING BODY. If the
	adoption, amendment, or revocation of a local control plan
	[home-rule school district charter] changes the structure of the
	governing body of the school district, the members of the governing
	body serving on the date the adoption, amendment, or revocation
	takes effect continue in office until their successors are chosen
	and have qualified for office.
	Sec. 12.024 [12.027].  BASIS FOR PLACEMENT ON PROBATION OR
	REVOCATION OF LOCAL CONTROL PLAN [CHARTER].  (a)  The commissioner
	[State Board of Education] may place a local control school
	district on probation or revoke the local control plan [a home-rule
	school district charter] of a school district if the commissioner
	[board] determines that the district:
	(1)  committed a material violation of the local
	control plan [charter];
	(2)  failed to satisfy generally accepted accounting
	standards of fiscal management; or
	(3)  failed to comply with this subchapter or other
	applicable federal or state law or rule.
	(b)  The action the commissioner [board] takes under
	Subsection (a) shall be based on the best interest of district
	students, the severity of the violation, and any previous violation
	the district has committed.
	(c)  A district whose local control plan [home-rule school
	district charter] is revoked or rescinded under this subchapter
	shall operate under the other provisions of Title 1 and this title
	that apply to school districts.
	Sec. 12.025 [12.028].  PROCEDURE FOR PLACEMENT ON PROBATION
	OR REVOCATION.  (a)  The commissioner [State Board of Education] by
	rule shall adopt a procedure to be used for placing a local control
	school district on probation or revoking a local control plan
	[home-rule school district charter].
	(b)  The procedure adopted under Subsection (a) must provide
	an opportunity for a hearing to the district and to parents of
	district students.  A hearing under this subsection must be held in
	the district.
	Sec. 12.026 [12.029].  STATUS OF DISTRICT IN CASE OF
	ANNEXATION OR CONSOLIDATION. (a)  If a school district is annexed
	to another district under Chapter 13, and only one of the districts
	has a local control [home-rule] school district status, the
	status[, as a home-rule or other type of school district,] of the
	receiving district is the status for both districts following
	annexation.
	(b)  Except as provided by Subchapter H, Chapter 41, if two
	or more school districts having different status, one of which is
	local control [home-rule] school district status, consolidate into
	a single district, the petition under Section 13.003 initiating the
	consolidation must state the status for the consolidated district.
	The ballot shall be printed to permit voting for or against the
	proposition:  "Consolidation of (names of school districts) into a
	single school district governed as (status of school district
	specified in the petition)."
	Sec. 12.027 [12.030].  RESCISSION OF LOCAL CONTROL PLAN
	[CHARTER].  (a)  A local control plan [home-rule school district
	charter] may be rescinded as provided by this section.
	(b)  The governing body of the district shall order an
	election on the question of rescinding a local control plan
	[home-rule school district charter] if:
	(1)  the governing body receives a petition requesting
	a rescission election signed by at least five percent of the
	registered voters of the district; or
	(2)  at least two-thirds of the total membership of the
	governing body adopt a resolution ordering that a rescission
	election be held.
	(c)  As soon as practicable after the date of receipt or
	adoption of a resolution under Subsection (b), the governing body
	shall order an election.
	(d)  The proposition to rescind the local control plan
	[home-rule school district charter] shall be submitted to the
	voters of the district at an election to be held on the first
	uniform election date in November of an even-numbered year that
	occurs at least 78 [45] days after the date on which the governing
	body orders the election.
	(e)  The ballot shall be printed to permit voting for or
	against the proposition: "Whether the local control plan [home-rule
	school district charter] of (name of school district) shall be
	rescinded so that the school district becomes an independent school
	district."
	(f)  A local control plan [home-rule school district
	charter] is rescinded if the rescission is approved by a majority of
	the qualified voters of the district voting at an election held for
	that purpose [at which at least 25 percent of the registered voters
	of the district vote].
	(g)  The rescission takes effect on a date established by
	resolution of the governing body but not earlier than the end of the
	school year during which the election to rescind the local control
	plan occurs [later than the 90th day after the date of an election
	held under this section at which rescission of the charter is
	approved and at which the number of registered voters required
	under Subsection (f) vote].  As soon as practicable after that
	election, the governing body shall notify the commissioner and the
	secretary of state of the results of the election and of the
	effective date of the rescission.
	(h)  The rescission of a local control plan [home-rule school
	district charter] under this section does not affect:
	(1)  the district's boundaries; or
	(2)  taxes or bonds of the district authorized before
	the effective date of the rescission.
	SECTION 6.  Section 12.051(2), Education Code, is amended to
	read as follows:
	(2)  "Board" and "board of trustees" mean the board of
	trustees of a school district or the governing body of a local
	control [home-rule] school district.
	SECTION 7.  Section 12.052(a), Education Code, is amended to
	read as follows:
	(a)  In accordance with this subchapter, the board of
	trustees of a school district or the governing body of a local
	control [home-rule] school district shall grant or deny, through a
	public vote of the board of trustees or governing body, a charter to
	parents and teachers for a campus or a program on a campus if the
	board is presented with a petition signed by:
	(1)  the parents of a majority of the students at that
	school campus; and
	(2)  a majority of the classroom teachers at that
	school campus.
	SECTION 8.  Section 12.0521(a), Education Code, is amended
	to read as follows:
	(a)  Notwithstanding Section 12.052, in accordance with this
	subchapter and in the manner provided by this section, the board of
	trustees of a school district or the governing body of a local
	control [home-rule] school district may grant a charter for:
	(1)  a new district campus; or
	(2)  a program that is operated:
	(A)  by an entity that has entered into a contract
	with the district under Section 11.157 to provide educational
	services to the district through the campus or program; and
	(B)  at a facility located in the boundaries of
	the district.
	SECTION 9.  Section 12.0522(a), Education Code, is amended
	to read as follows:
	(a)  Notwithstanding Section 12.052, in the manner provided
	by this section, the board of trustees of a school district or the
	governing body of a local control [home-rule] school district may
	grant a district charter to a campus to the extent authorized under
	this section.
	SECTION 10.  Section 12.101(a), Education Code, is amended
	to read as follows:
	(a)  In accordance with this subchapter, the commissioner
	may grant a charter on the application of an eligible entity for an
	open-enrollment charter school to operate in a facility of a
	commercial or nonprofit entity, an eligible entity, or a school
	district, including a local control [home-rule] school district.
	In this subsection, "eligible entity" means:
	(1)  an institution of higher education as defined
	under Section 61.003;
	(2)  a private or independent institution of higher
	education as defined under Section 61.003;
	(3)  an organization that is exempt from taxation under
	Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section
	501(c)(3)); or
	(4)  a governmental entity.
	SECTION 11.  Sections 22.003(d) and (e), Education Code, are
	amended to read as follows:
	(d)  A school district employee with available personal
	leave under this section is entitled to use the leave for
	compensation during a term of active military service.  This
	subsection applies to any personal or sick leave available under
	former law or provided by local policy of a school district,
	including a local control [home-rule] school district.
	(e)  A school district, including a local control
	[home-rule] school district, may adopt a policy providing for the
	paid leave of absence of employees taking leave for active military
	service as part of the consideration of employment by the district.
	SECTION 12.  Section 37.007(e), Education Code, is amended
	to read as follows:
	(e)  In accordance with 20 U.S.C. Section 7151, a local
	educational agency, including a school district, local control
	[home-rule] school district, or open-enrollment charter school,
	shall expel a student who brings a firearm, as defined by 18 U.S.C.
	Section 921, to school. The student must be expelled from the
	student's regular campus for a period of at least one year, except
	that:
	(1)  the superintendent or other chief administrative
	officer of the school district or of the other local educational
	agency, as defined by 20 U.S.C. Section 7801, may modify the length
	of the expulsion in the case of an individual student;
	(2)  the district or other local educational agency
	shall provide educational services to an expelled student in a
	disciplinary alternative education program as provided by Section
	37.008 if the student is younger than 10 years of age on the date of
	expulsion; and
	(3)  the district or other local educational agency may
	provide educational services to an expelled student who is 10 years
	of age or older in a disciplinary alternative education program as
	provided in Section 37.008.
	SECTION 13.  Section 37.022(a)(2), Education Code, is
	amended to read as follows:
	(2)  "District or school" includes an independent
	school district, a local control [home-rule] school district, a
	campus or campus program charter holder, or an open-enrollment
	charter school.
	SECTION 14.  Section 38.152, Education Code, is amended to
	read as follows:
	Sec. 38.152.  APPLICABILITY.  This subchapter applies to an
	interscholastic athletic activity, including practice and
	competition, sponsored or sanctioned by:
	(1)  a school district, including a local control
	[home-rule] school district, or a public school, including any
	school for which a charter has been granted under Chapter 12; or
	(2)  the University Interscholastic League.
	SECTION 15.  Section 38.157(c), Education Code, is amended
	to read as follows:
	(c)  The school district superintendent or the
	superintendent's designee or, in the case of a local control
	[home-rule] school district or open-enrollment charter school, the
	person who serves the function of superintendent or that person's
	designee shall supervise an athletic trainer or other person
	responsible for compliance with the return-to-play protocol.  The
	person who has supervisory responsibilities under this subsection
	may not be a coach of an interscholastic athletics team.
	SECTION 16.  Section 38.158(f), Education Code, is amended
	to read as follows:
	(f)  Each person described by Subsection (c) must submit
	proof of timely completion of an approved course in compliance with
	Subsection (e) to the school district superintendent or the
	superintendent's designee or, in the case of a local control
	[home-rule] school district or open-enrollment charter school, a
	person who serves the function of a superintendent or that person's
	designee.
	SECTION 17.  Section 39.102(a), Education Code, is amended
	to read as follows:
	(a)  If a school district does not satisfy the accreditation
	criteria under Section 39.052, the academic performance standards
	under Section 39.053 or 39.054, or any financial accountability
	standard as determined by commissioner rule, the commissioner shall
	take any of the following actions to the extent the commissioner
	determines necessary:
	(1)  issue public notice of the deficiency to the board
	of trustees;
	(2)  order a hearing conducted by the board of trustees
	of the district for the purpose of notifying the public of the
	insufficient performance, the improvements in performance expected
	by the agency, and the interventions and sanctions that may be
	imposed under this section if the performance does not improve;
	(3)  order the preparation of a student achievement
	improvement plan that addresses each student achievement indicator
	under Section 39.053(c) for which the district's performance is
	insufficient, the submission of the plan to the commissioner for
	approval, and implementation of the plan;
	(4)  order a hearing to be held before the commissioner
	or the commissioner's designee at which the president of the board
	of trustees of the district and the superintendent shall appear and
	explain the district's low performance, lack of improvement, and
	plans for improvement;
	(5)  arrange an on-site investigation of the district;
	(6)  appoint an agency monitor to participate in and
	report to the agency on the activities of the board of trustees or
	the superintendent;
	(7)  appoint a conservator to oversee the operations of
	the district;
	(8)  appoint a management team to direct the operations
	of the district in areas of insufficient performance or require the
	district to obtain certain services under a contract with another
	person;
	(9)  if a district has a current accreditation status
	of accredited-warned or accredited-probation, fails to satisfy any
	standard under Section 39.054(e), or fails to satisfy financial
	accountability standards as determined by commissioner rule,
	appoint a board of managers to exercise the powers and duties of the
	board of trustees;
	(10)  if for two consecutive school years, including
	the current school year, a district has received an accreditation
	status of accredited-warned or accredited-probation, has failed to
	satisfy any standard under Section 39.054(e), or has failed to
	satisfy financial accountability standards as determined by
	commissioner rule, revoke the district's accreditation and:
	(A)  order closure of the district and annex the
	district to one or more adjoining districts under Section 13.054;
	or
	(B)  in the case of a local control [home-rule]
	school district or open-enrollment charter school, order closure of
	all programs operated under the district's local control plan or
	school's charter; or
	(11)  if a district has failed to satisfy any standard
	under Section 39.054(e) due to the district's dropout rates, impose
	sanctions designed to improve high school completion rates,
	including:
	(A)  ordering the development of a dropout
	prevention plan for approval by the commissioner;
	(B)  restructuring the district or appropriate
	school campuses to improve identification of and service to
	students who are at risk of dropping out of school, as defined by
	Section 29.081;
	(C)  ordering lower student-to-counselor ratios
	on school campuses with high dropout rates; and
	(D)  ordering the use of any other intervention
	strategy effective in reducing dropout rates, including mentor
	programs and flexible class scheduling.
	SECTION 18.  Section 42.152(c), Education Code, is amended
	to read as follows:
	(c)  Funds allocated under this section shall be used to fund
	supplemental programs and services designed to eliminate any
	disparity in performance on assessment instruments administered
	under Subchapter B, Chapter 39, or disparity in the rates of high
	school completion between students at risk of dropping out of
	school, as defined by Section 29.081, and all other students.
	Specifically, the funds, other than an indirect cost allotment
	established under State Board of Education rule, which may not
	exceed 45 percent, may be used to meet the costs of providing a
	compensatory, intensive, or accelerated instruction program under
	Section 29.081 or a disciplinary alternative education program
	established under Section 37.008, to pay the costs associated with
	placing students in a juvenile justice alternative education
	program established under Section 37.011, or to support a program
	eligible under Title I of the Elementary and Secondary Education
	Act of 1965, as provided by Pub. L. No. 103-382 and its subsequent
	amendments, and by federal regulations implementing that Act, at a
	campus at which at least 40 percent of the students are
	educationally disadvantaged.  In meeting the costs of providing a
	compensatory, intensive, or accelerated instruction program under
	Section 29.081, a district's compensatory education allotment
	shall be used for costs supplementary to the regular education
	program, such as costs for program and student evaluation,
	instructional materials and equipment and other supplies required
	for quality instruction, supplemental staff expenses, salary for
	teachers of at-risk students, smaller class size, and
	individualized instruction.  A local control [home-rule] school
	district or an open-enrollment charter school must use funds
	allocated under Subsection (a) for a purpose authorized in this
	subsection but is not otherwise subject to Subchapter C, Chapter
	29.  For purposes of this subsection, a program specifically
	designed to serve students at risk of dropping out of school, as
	defined by Section 29.081, is considered to be a program
	supplemental to the regular education program, and a district may
	use its compensatory education allotment for such a program.
	SECTION 19.  Section 41.0052, Election Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  A school district or local control school district
	that holds its general election for officers on a date other than
	the November uniform election date of an even-numbered year may
	change the date on which it holds its general election for officers
	to the November uniform election date by adopting a local control
	plan or an amendment to a local control plan under Subchapter B,
	Chapter 12, Education Code.
	SECTION 20.  Section 7.102(c)(8), Education Code, is
	repealed.
	SECTION 21.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2015.