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  85R6255 MM-D
 
  By: Simmons H.B. No. 1023
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the commissioner of education
  regarding granting additional charters for open-enrollment charter
  schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 12, Education Code, is
  amended by adding Section 12.1015 to read as follows:
         Sec. 12.1015.  ADDITIONAL CHARTER FOR OPEN-ENROLLMENT
  CHARTER SCHOOLS ALLOWED.  (a)  Notwithstanding Section 12.101(b-3),
  the commissioner may grant more than one charter for an
  open-enrollment charter school to a charter holder if the
  additional charter is for an open-enrollment charter school that
  has a distinct purpose or student population.
         (b)  The commissioner by rule shall identify various types of
  open-enrollment charter schools to be used to determine if an
  open-enrollment charter school has a distinct purpose or will serve
  a different student population for purposes of this section. The
  commissioner may award a charter under Subsection (a) if the
  commissioner determines the charter will serve a distinct purpose
  or student population regardless of whether the type of school for
  which the charter is sought has been identified by the
  commissioner.
         (c)  The rules adopted under Subsection (b) must account for
  the following types of open-enrollment charter schools:
               (1)  an open-enrollment charter school that serves a
  general student population through a distinctly different
  educational model;
               (2)  an alternative education open-enrollment charter
  school that serves students who:
                     (A)  have dropped out of school; or
                     (B)  are students at risk of dropping out of
  school, as defined by Section 29.081;
               (3)  an open-enrollment charter school operating under
  a charter granted under Section 12.1014;
               (4)  a virtual open-enrollment charter school; and
               (5)  any other open-enrollment charter school that
  serves a distinct student population, as determined by commissioner
  rule.
         SECTION 2.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 3.  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, 2017.