2017 Legislative Summaryfor Texas Charter School Leaders

2017 Legislative Summary for Texas Charter School Leaders 85th TEXAS LEGISLATURE REGULAR SESSION

TCSA Legislative Summary for the 85th Regular Session of the Texas Legislature

TCSA Legal created this Legislative Summary to provide charter administrators with a useful reference tool to learn about the laws passed by the 85th Regular Session of the Texas Legislature that impact public charter schools.

This Legislative Summary contains general summaries of the bills passed during the 85th Regular Session of the Texas Legislature. Please note we have summarized only the sections of a bill that impact public education and have not provided a summary of portions of the bill that do not impact charter schools or school districts. This Legislative Summary is for informational purposes only and we encourage you to review the complete bill.

Many of the new laws may require a charter school to re-evaluate its policies and procedures or may require the creation of new policies to comply with statutory and regulatory changes.

TCSA offers a series of model board policies designed to aid and educate charter school leaders in the operation and management of their schools. TCSA will update the Model Board Policy Series, Model Student Code of Conduct, and Model Personnel Handbook to reflect these changes in the law, and these updates will be available to current subscribers of the series.

More information regarding the TCSA Model Board Policy Series is available on the TCSA website here: www.txcharterschools.org/purchase-model-board-policies/model-board-policy-series.

You must not rely on the information in this summary as legal advice or as an alternative to legal advice from your attorney or other professional legal services provider. If you have any specific questions about a particular bill or change in law, you should directly consult TCSA Legal Services, your attorney, or other professional legal services provider.

Table of Contents

Accountability House Bill 22 / Representative Dan Huberty 13 House Bill 1553 / Representative J.M. Lozano 15 House Bill 2263 / Representative Lance Gooden 16 House Bill 3075 / Representative Dan Huberty 17 Senate Bill 825 / Senator Larry Taylor 18 Senate Bill 1005 / Senator Donna Campbell 19 Senate Bill 1566 / Senator Lois Kolkhorst 20 Senate Bill 1837 / Senator Bryan Hughes 21

Contracts & Procurement Senate Bill 252 / Senator Van Taylor 23 Senate Bill 807 / Senator Brandon Creighton 24

Curriculum & Instruction House Bill 136 / Representative Cecil Bell 27 House Bill 728 / Representative Robert “Bobby” Guerra 28 House Bill 928 / Representative James White 29 House Bill 2537 / Representative Robert “Bobby” Guerra 30 House Bill 3526 / Representative Donna Howard 31 Senate Bill 22 / Senator Larry Taylor 32 Senate Bill 30 / Senator Royce West 33 Senate Bill 490 / Senator Eduardo A. “Eddie” Lucio, Jr. 34 Senate Bill 671 / Senator Donna Campbell 35 Senate Bill 801 / Senator Kel Seliger 36 Senate Bill 810 / Senator Lois Kolkhorst 37 Senate Bill 826 / Senator Larry Taylor 38 Senate Bill 1091 / Senator Kel Seliger 39 Senate Bill 1153/ Senator José Menéndez 40 Senate Bill 1318 / Senator Van Taylor 41 Senate Bill 1843 / Senator Donna Campbell 43

Early Childhood Education House Bill 357 / Representative Dan Huberty 45 House Bill 1593 Dwayne Bohac 46

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Health & Safety House Bill 249 / Representative Ana Hernandez 49 House Bill 674 / Representative Eric Johnson 50 House Bill 867 / Representative Jason Villalba 51 House Bill 871 / Representative Kevin Roberts 52 House Bill 1076 / Representative Tom Oliverson 53 House Bill 1111 / Representative Senfronia Thompson 54 House Bill 1935 / Representative John Frullo 55 House Bill 2880 / Representative Harold Dutton, Jr. 56 House Bill 3024 / Representative Four Price 57 House Bill 4056 / Representative Toni Rose 58 Senate Bill 4 / Senator Charles Perry 59 Senate Bill 179 / Senator José Menéndez and Senator Judith Zaffirini 60 Senate Bill 489 / Senator Eduardo A. “Eddie” Lucio, Jr. 63 Senate Bill 1314 / Senator José Rodríguez 64 Senate Bill 1553 / Senator José Menéndez 65 Senate Bill 1566 / Senator Lois Kolkhorst 66 Senate Bill 2039 / Senator Judith Zaffirini 67

Open Government House Bill 8 / Representative Giovanni Capriglione 68 House Bill 523 / Representative Mike Schofield 69 House Bill 2783 / Representative John T. Smithee 70 House Bill 3047 / Representative Tony Dale 71 House Bill 3107 / Representative Trent Ashby 72 Senate Bill 79 / Senator Jane Nelson 73 Senate Bill 564 / Senator Donna Campbell 74 Senate Bill 1440 / Senator Donna Campbell 75

PEIMS Senate Bill 490 / Senator Eduardo A. “Eddie” Lucio, Jr. 77 Senate Bill 1153 /Senator José Menéndez 78 Senate Bill 1404 / Senator Bryan Hughes 79 Senate Bill 2080/ Senator Larry Taylor 80

Public Funds House Bill 1003/ Representative Giovanni Capriglione 82 House Bill 2647 / Representative Phil Stephenson 83

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School Employees House Bill 1075 / Representative Ed Thompson 85 House Bill 1426 / Representative Alma A. Allen 86 House Bill 1469 / Representative Ernest Bailes 87 House Bill 1810 / Representative Tony Dale 88 House Bill 1934 / Representative Ina Minjarez 89 House Bill 1978 / Representative J.D. Sheffield 90 House Bill 2552 / Representative Senfronia Thompson 91 Senate Bill 7 / Senator Paul Bettencourt 92 Senate Bill 589 / Senator Eduardo A. “Eddie” Lucio, Jr. 95 Senate Bill 1232 / Senator Joan Huffman 96

School Finance House Bill 1081 / Representative Diana Arévalo 98 Senate Bill 195 / Senator Sylvia R. Garcia 99 Senate Bill 810 / Senator Lois Kolkhorst 100 Senate Bill 1480 / Senator Bryan Hughes* 101 Senate Bill 2084 / Senator Larry Taylor 103

School Operations House Bill 7 / Representative Gene Wu 105 House Bill 53 / Representative Ramon Romero, Jr. 106 House Bill 639 / Representative Charles “Doc” Anderson 107 House Bill 804 / Representative Tony Dale 108 House Bill 897 / Representative Trent Ashby 109 House Bill 1463 / Representative John T. Smithee 110 House Bill 2369 / Representative Alfonso “Poncho” Nevárez 111 House Bill 2442 / Representative Ken King* 112 Senate Bill 276 / Senator Kirk Watson 113 Senate Bill 587 / Senator Donna Campbell 114 Senate Bill 693 / Senator Sylvia R. Garcia 115 Senate Bill 725 / Senator Borris L. Miles 116 Senate Bill 922 / Senator Dawn Buckingham 117 Senate Bill 1177 / Senator Bryan Hughes 118 Senate Bill 1882 / Senator José Menéndez 119

*TCSA Legislative Priority

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Special Education House Bill 657 / Representative Diego Bernal 123 House Bill 1556 / Representative Mary González 124 House Bill 1886 / Representative Rick Miller 125 House Bill 3632 / Representative Joseph "Joe" Moody 127 Senate Bill 160 / Senator José Rodríguez 128 Senate Bill 748 / Senator Judith Zaffarini 129 Senate Bill 1220 / Senator Borris L. Miles 130 Senate Bill 1398 / Senator Eduardo A. “Eddie” Lucio, Jr. 131 Senate Bill 2141 / Senator Larry Taylor 134

Student Information House Bill 1521 / Representative James White 137 House Bill 1569 / Representative Trent Ashby 138 House Bill 2087 / Representative Gary VanDeaver 139 House Bill 2413 / Cindy Burkett 140 House Bill 3705 / Representative James White 141

Teacher Retirement System House Bill 1428 / Representative John T. Smithee 143 House Bill 3976 / Representative Trent Ashby 144 Senate Bill 1663 / Senator Joan Huffman 146 Senate Bill 1664 / Senator Joan Huffman 148 Senate Bill 1665 / Senator Joan Huffman 149

Texas Education Agency House Bill 264 / Representative Ana Hernandez 151 House Bill 1638 / Representative Ryan Guillen 152 House Bill 2130 / Representative Kevin Roberts 153 House Bill 2729 / Representative Eddie Lucio III 154 Senate Bill 436 / Senator José Rodríguez 155 Senate Bill 810 / Senator Lois Kolkhorst 156 Senate Bill 1220 / Senator Borris L. Miles 157 Senate Bill 1784 / Senator Larry Taylor 158 Senate Bill 1873 / Senator Juan "Chuy" Hinojosa 159 Senate Bill 2105 / Senator Borris L. Miles 160 12 Texas Charter Schools Association ©2017 Accountability

House Bill 22 / Representative Dan Huberty the overall rating, the commissioner will consider either the Houston student achievement domain or the school progress domain, whichever is greater, and must attribute at least thirty percent Effective Date: (30%) of the overall score to Domain 3 (closing the gaps). In June 15, 2017 assigning district and campus overall ratings and individual domain ratings, the commissioner shall ensure the method Amending Education Code: used to evaluate performance provides the mathematical §11.252; §11.253; §29.062; §29.202; §39.052 §39.053; possibility that all districts and campuses receive an A rating. §39.054; §39.0548; §39.055; §39.301 District performance ratings issued in August 2018 will be Adding Education Code: A-F. Campus performance ratings issued in August 2018 for §39.001; §39.002; §39.0533; §39.0541; §39.0542; the 2017-2018 school year will be Improvement Required §39.0544; §39.101 or Met Standard. Each school year, the commissioner must produce and provide each district and open-enrollment Bill Summary: charter school a simple and accessible document of 250 HB 22 amends the A-F accountability ratings. This bill condenses words or less that explains the accountability ratings and can the number of domains a district and campus will be evaluated easily be distributed to the parents and school community. under from five domains to three domains, as follows: 1. Student Achievement Campuses and districts that receive an overall or domain 2. School Progress performance of D must implement a targeted improvement 3. Closing the gaps plan. The interventions and sanctions available in Chapter 39 of the Education Code also apply if the district or campus Each domain consists of multiple indicators and the receives an overall or domain performance rating of F or commissioner will have the authority to adopt new indicators an overall performance rating of D after implementing an or standards at any time during the school year before the improvement plan. evaluation of a district or campus. This bill removes certain postsecondary readiness factors from the student achievement In determining the performance rating for a dropout recovery domain, including student attendance in middle school and school, HB 22 removes the requirement that only students elementary school. Under the school progress domain, there who have been enrolled continuously for at least 90 days in must be an indicator for relative performance as compared to the school year be considered. similar districts and campuses. Additionally, this bill requires the commissioner to study the feasibility of incorporating an [LOCAL ACCOUNTABILITY SYSTEM] indicator that accounts for extracurricular activities. HB 22 requires the commissioner to develop rules and an approval system for school districts or open-enrollment HB 22 maintains an overall rating as well as individual domain charter school to use a local accountability system to assign ratings for the district and each campus. This bill changes an performance ratings for the district or charter’s campuses overall or domain rating of a D from unacceptable performance ratings. The local accountability rating may count up to 50 to improvement required and keeps only an overall or domain percent of the overall performance rating. rating of an F as unacceptable performance. In assigning

Texas Charter Schools Association ©2017 13 Impact on Charter Schools: Beginning with the 2017-2018 school year, the commissioner will assign an accountability rating based on the three weighted domains. Charter districts and campuses will be evaluated under the new A-F accountability ratings and must be aware of these changes.

House Bill 1553 / Representative J.M. Lozano Impact on Charter Schools: Portland Charter schools should be aware of this new intervention.

Effective Date: 2017-2018 School Year

Amending Education Code: §39.102; §39.111

Bill Summary: HB 1553 allows the commissioner, as a possible intervention or sanction for failure to meet accreditation criteria, academic performance, or financial performance, to authorize a district or charter to work with an institution of higher education so that the institution of higher education can help improve the district or charters performance.

House Bill 2263 / Representative Lance Gooden Impact on Charter Schools: Forney Charter schools that receive an unacceptable performance rating should be aware of the changes to §39.106(e) and Effective Date: adhere to the new prescribed timeline provided in §39.107 September 1, 2017 for submitting a campus turnaround plan.

Amending Education Code: §39.106; §39.107

Bill Summary: HB 2263 removes the requirement that a campus intervention team continue to work with the campus until the campus satisfies all performance standards of the achievement domain indicators for a two-year period or until the campus satisfies all of those standards for a one-year period.

HB 2263 requires the commissioner to approve or reject any campus turnaround plan prepared and submitted by a school no later than June 15 of each year. Further, if the commissioner rejects a campus turnaround a plan the commissioner must provide the school with an outline of the specific concerns in the submitted plan that resulted in a rejection. Within 60 days of receiving the written rejection, the school must create a modified plan with assistance from TEA staff and submit this modified plan to the commissioner. Within 15 days of receiving the modified plan, the commissioner must notify the district whether the modified plan has been approved or rejected.

House Bill 3075 / Representative Dan Huberty Impact on Charter Schools: Houston Beginning with the 2017-2018 school year, open-enrollment charter schools serving students at a pre-adjudication or Effective Date: post-adjudication facility should be aware of the new dropout June 15, 2017 and completion calculation rates and update their reporting practices and procedures as necessary. Adding Education Code: §39.053

Bill Summary: HB 3075 requires the commissioner, when calculating dropout and completion rates, to exclude students detained in a juvenile pre-adjudication or post-adjudication facility and the student is receiving services by an open-enrollment charter school exclusively as a result of being detained in the facility.

Senate Bill 825 / Senator Larry Taylor Impact on Charter Schools: Friendswood Open-enrollment charter schools may, but are not required to administer college preparation assessments to 8th and Effective Date: 10th graders. If a school chooses to offer the preparation 2017-2018 School Year assessment, it may be at state cost.

Amending Education Code: §39.0261

Bill Summary: SB 825 removes the requirement for school districts and open- enrollment charter schools to administer college preparation assessments to 8th and 10th graders. Instead, SB 825 makes the administration of college preparation assessments to 8th and 10th graders optional.

Senate Bill 1005 / Senator Donna Campbell Impact on Charter Schools: New Braunfels Charter schools must determine which assessment or assessments described in SB 1005 will qualify a student Effective Date: to receive a high school diploma. Open-enrollment charter June 12, 2017 schools should update their procedures to include these assessment options for students who may now be eligible for Amending Education Code: a high school diploma. §39.025

Bill Summary: SB 1005 requires that end-of-course assessments instruments be administered beginning with students who were enrolled in, rather than entering, 9th grade for the first time in the 2011- 2012 school year.

SB 1005 adds students repeating 9th grade during the 2011- 2012 school year among those for whom the Texas Education Agency (TEA) is required to retain, administer, and use for purposes of accreditation and other campus and district accountability measures the secondary exit-level tests required before being 2007. The bill also allows students entering 9th grade in 2011 or repeating 9th grade in 2011-2012 to receive a high school diploma if the student performed satisfactorily on the SAT, the ACT, the Texas Success Initiative (TSI) diagnostic assessment, or the current assessment instrument or instruments administered for graduation purposes.

SB 1005 requires the commissioner to establish the minimum performance levels a student must meet on the SAT, the ACT, the TSI diagnostic assessment, and the current assessment instrument or instruments administered for graduation purposes in order to receive a high school diploma. In addition, SB 1005 clarifies that the commissioner is no longer required to maintain and administer assessment instruments administered under §39.023(c) after September 1, 2017.

SB 1005 requires school districts to determine which assessment or assessments described in SB 1005 qualify a student to receive a high school diploma from the district.

Senate Bill 1566 / Senator Lois Kolkhorst career and technology education or technology application Brenham courses that lead to industry licenses or certificates. SB 1566 also requires that the strategies assist students to be able to Effective Date: pursue postsecondary education, including college readiness September 1, 2017 instruction, bridge college readiness skills, provides a plan for college completion, and ensures transition counseling. Amending Education Code: Finally, the strategies must provide information concerning §29.918; §39.102 appropriate supports available during the first year of postsecondary enrollment. Adding Education Code: §11.1515; §38.031 The plan must offer advanced academic and transition opportunities. SB 1566 allows schools to enter into an Bill Summary: agreement with a public junior college to meet these SB 1566 is also summarized under the Health & Safety section requirements. as it relates to storage of firearms and parent notice of lice. Impact on Charter Schools: [BOARD OVERSIGHT] Charter schools must update their policies to meet the SB 1566 requires that the governing body of an open-enrollment requirements of this bill. Additionally, governing boards of charter school provide oversight regarding student achievement charter schools must create policies and procedures to ensure and strategic leadership to maximize student performance. proper oversight of student achievement.

[EVALUATION TOOL] Under SB 1566, the commissioner must develop a board improvement and evaluation tool and school districts may choose to use this tool. SB 1566 allows the commissioner to require a charter or school district to use a board improvement and evaluation tool if the school does not meet accreditation requirements.

[CAMPUS TURN AROUND PLAN] SB 1566 amends the Education Code to require, as part of a campus turnaround plan, a detailed description for developing and supporting the oversight of academic achievement and student performance.

[DROPOUT PREVENTION PLANS] For a charter school with a high dropout rate, SB 1566 amends the Education Code to require a school’s plan to implement researched-based strategies for dropout prevention to include

Senate Bill 1837 / Senator Bryan Hughes Impact on Charter Schools: Mineola University charter schools must be aware of these changes and update their reporting and practices as necessary to Effective Date: meet the financial accountability requirements. University June 12, 2017 charters should also update any policies and procedures to align with the new indicators. Amending Education Code: §39.082

Bill Summary: SB 1837 allows for the financial performance of charter schools operated by an institution of higher education to be evaluated by indicators adopted by the commissioner. The indicators must accurately measure the financial performance of these charters.

Senate Bill 252 / Senator Van Taylor Impact on Charter Schools: Plano The governing body of an open-enrollment charter school should be aware that they cannot enter into a contract with a Effective Date: company that has supplies, services, or has contracts with a September 1, 2017 foreign terrorist organization. Charter schools should update their contracting and procurement policies and procedures to Adds Government Code: reflect these changes. Subchapter F

Bill Summary: SB 252 prohibits governmental entities, including school districts, from entering a governmental contract with a company that is identified on the comptroller’s lit of companies known to have contracts with or provide supplies or services to foreign terrorist organizations.

A “governmental contract” is defined as a contract awarded by a governmental entity for general construction, an improvement, a service, or a public works project or for a purchase of supplies, materials, or equipment, including a contract to obtain a professional or consulting service subject to the Professional Services Procurement Act.

A “foreign terrorist organization” is defined as an organization designated by the U.S. Secretary of State.

A company that the U.S. government excludes from its federal sanctions regime relating to Sudan, Iran, or any federal sanctions regime relating to a foreign terrorist organization is not subject to the contract prohibition.

Senate Bill 807 / Senator Brandon Creighton Impact on Charter Schools: Conroe Charter schools should be aware that SB 807 broadens the protection for contractors in a contract subject to another Effective Date: state’s law and voids any provision of a construction contract September 1, 2017 that is subjected to another state’s law.

Amending Business & Commerce Code: §272.001; §272.002

Adding Business & Commerce Code: §272.0001

Bill Summary: SB 807 broadens the protections for contractors of construction contracts in Texas that subject conflicts arising under the contract to another state’s law. Current law makes voidable a contract provision that subjects the contract or any conflict arising under the contract to another state’s law, litigation in the courts of another state, or arbitration in another state.

SB 807 adds a definition of “construction contract,” which changes the type of contract subject to the law from a contract principally for the construction or repair of an improvement to real property located in Texas to a construction contract concerning real property located in Texas or an agreement collateral to or affecting the construction contract.

The bill also changes the party that may void a provision from the party obligated by the contract to perform the construction or repair to a party obligated by the contract or agreement to perform the work that is the subject of the construction contract.

House Bill 136 / Representative Cecil Bell Impact on Charter Schools: Magnolia Charter schools should be aware of these new objectives.

Effective Date: June 1, 2017

Amending Education Code: §4.001

Bill Summary: HB 136 amends Public Education Objective 4 by adding that, “through a well-balanced and appropriate curriculum, students will be prepared to succeed in a variety of postsecondary activities, including employment and enrollment in institutions of higher education.”

In addition, the bill adds Objective 11 which provides that the State Board of Education, the Texas Education Agency (TEA), and the commissioner must assist school districts and charters schools in providing career and technology education to students.

House Bill 728 / Representative Robert “Bobby” Guerra Impact on Charter Schools: McAllen Charters should be aware of the advanced computer science program if they are interested in participating. Effective Date: May 26, 2017

Adds Education Code: §28.018

Bill Summary: HB 728 requires the State Board of Education (SBOE) to develop and implement an advanced computer science program for high school students by September 1, 2018. Students may satisfy curriculum requirements for advanced mathematics or advanced science by successfully completing an advanced computer science course instead.

House Bill 928 / Representative James White Impact on Charter Schools: Woodville This new legislation does not apply to charter schools, but charter school leaders should be aware of the changes made Effective Date: to by HB 928. June 1, 2017

Adding Family Code: §264.1211

Bill Summary: HB 928 requires school districts to facilitate with the transition from high school to an institution of higher education for each child enrolled in the district that is eligible for a tuition and fee waiver and is likely to be in conservatorship of the Department of Family and Protective Services on the day before the child’s 18th birthday.

The school district must assist the child with completing financial aid applications; arranging and accompanying the child on campus visits; assist the student in researching private scholarships; identifying whether the child is a candidate for the military academy; assist in registering for precollege entrance exams; and coordinating with the liaison officer at an institution of higher education for children that were formerly under the conservatorship of the department.

House Bill 2537 / Representative Robert “Bobby” Guerra Impact on Charter Schools: McAllen Open-enrollment charter schools with school counselors should be aware of the requirement to provide this additional Effective Date: information each year a student is enrolled in high school and June 9, 2017 update its policies and procedures.

Amending Education Code: §33.007

Bill Summary: HB 2537 adds to the information a school counselor must provide a student each year the student is enrolled in high school or at a high school level at an open-enrollment charter school. HB 2537 requires that the school counselor provide information regarding the availability of education and training vouchers and tuition and fee waivers to attend an institution of higher education for a student who is or was in the conservatorship of the Department of Family and Protective Services.

House Bill 3526 / Representative Donna Howard instructional materials allotment and instructional materials Austin account maintained by the commissioner. The bill allows the comptroller to make transfers from the foundational school Effective Date: fund to pay for technology. June 12, 2017 This bill allows the commissioner to create a technology Amending Education Code: lending program grant that may be awarded to charter schools §31.001; §31.004; §31.005; §31.021; §31.0211; §31.0212; in order to provide students access to electronic materials. §31.0213; §31.0214; §31.0215; §31.0231; §31.029; §31.031; §31.071; §31.101; §31.151; §31.081; §41.124; Impact on Charter Schools: §43.001 Open-enrollment charter schools should be aware of the instructional and technology resources available to them Amending Government Code: through this bill. §403.093

Adding Education Code: §31.081; §31.082; §31.083; §32.301; §32.302; §32.303; §32.304

Bill Summary: HB 3526 updates Chapter 31 of the Education Code to add technology to the free instructional materials selected for use by public schools that must be furnished to students without cost. It adds that schools may not charge for technology purchased with the instructional materials allotment.

Additionally, in determining whether each child has instructional materials covering all of the essential knowledge and skills, HB 3526 allows an open-enrollment charter school to consider open educational resources and other electronic instructional materials included in the instructional materials repository, also created by this bill. HB 3526 also requires the commissioner to develop a web portal to assist schools in selecting instructional materials.

HB 3526 also adds technology to the state instructional materials fund and allows the fund to pay for expenses associated with the agency creating an instructional materials web portal. Technology is also added to the

Senate Bill 22 / Senator Larry Taylor Impact on Charter Schools: Friendswood Open-enrollment charter schools wishing to participate in a P-TECH program must apply for the designation and update Effective Date: school policies and curriculum to match the requirements of a September 1, 2017 P-TECH program.

Amending Education Code: §28.009; §39.301

Adding Education Code: §29.551; §29.552; §29.553; §29.554; §29.555; §29.556; §29.557

Bill Summary: SB 22 requires the commissioner to establish the Pathways in Technology Early College High School (P-TECH) program for students who wish to participate in a work-based technology program. A school district or open-enrollment charter school that wishes to participate may apply for the designation. The commissioner must also establish a grant program to support schools providing a P-TECH program.

A public school participating in a P-TECH program may obtain medical expense, liability, or automobile insurance to protect a business or student participating in the program. Schools participating in the program are entitled to the same immunity provided under Chapter 22 and Chapter 12 of the Education Code.

This bill also provides that students participating in the P-TECH program may not be considered for accountability purposes to have dropped out or failed to complete the curriculum until after the sixth anniversary of the student’s first day of high school.

SB 22 repeals the tech-program authorized under Chapter 61 of the Education Code.

Senate Bill 30 / Senator Royce West School districts and open-enrollment charter schools may Dallas tailor the instruction developed under the Community Safety Education Act as appropriate for the surrounding community. Effective Date: In tailoring the instruction, the district or schools must solicit September 1, 2017 input from local law enforcement agencies, driver training schools, and the community. Amending Education Code: §28.025 Impact on Charter Schools: Charter schools with driver education programs must update Adding Education Code: the driver’s education curriculum accordingly. §28.012; §1001.109

Amending Occupations Code: §1701.253

Adding Occupation Code: §1701.268

Bill Summary: SB 30 is the Community Safety Education Act which requires the commission to include information relating to law enforcement procedures for traffic stops in the curriculum of each driver education course and driving safety course. The curriculum must include a demonstration of the proper actions to be taken during a traffic stop and information regarding the role of law enforcement, the duties and responsibilities of peace officers, a person’s rights concerning interaction with peace officers, proper behavior for civilians and peace officers during interactions, laws regarding questioning and detention by peace officers, and how and where to file a complaint against or a compliment on behalf of a peace officer.

The bill requires the State Board of Education (SBOE) and the Texas Commission on Law Enforcement (TCOLE) to enter a memorandum of understanding that establishes each agency’s respective responsibilities in developing instruction on proper interaction with peace officers during traffic stops and other in-person encounters.

Senate Bill 490 / Senator Eduardo A. “Eddie” Lucio, Jr. Impact on Charter Schools: Brownsville Open-enrollment charter schools with school counselors must provide this additional information to students in Effective Date: high school. Charter schools with school counselors should June 9, 2017 uprate their policies and procedures to reflect to notice requirements in SB 490. Amending Education Code: §33.007; §39.306; §42.006

Adding Education Code: §29.551; §29.552; §29.553; §29.554; §29.555; §29.556; §29.557

Bill Summary: SB 490 is also summarized in the PEIMS section as it relates to reporting requirements for the number of school counselors at each campus.

[SCHOOL COUNSELORS] SB 490, just like HB 2537, adds to the information that school counselors are required to provide about postsecondary education to a student and the student’s parent. The bill now requires schools include the availability of education and training vouchers and tuition and fee waivers to attend an institution of higher education for a student who is or was previously in the conservatorship of the Department of Family and Protective Services. SB 490 also requires counselors to report to the student the number of times the school has shared this information with the student.

Senate Bill 671 / Senator Donna Campbell Impact on Charter Schools: New Braunfels Charter schools must amend their policies and procedures to follow this update to the foundation high school curriculum. Effective Date: May 22, 2017

Amending Education Code: §28.025

Bill Summary: SB 671 requires the State Board of Education to adopt criteria allowing a student to receive one credit toward their two-credit requirement for classes in a language other than English if the student successfully completes a dual language immersion program at an elementary school.

Senate Bill 801 / Senator Kel Seliger Impact on Charter Schools: Amarillo Charter schools should be aware of these additional requirements to the State Board of Education’s adoption Effective Date: of instructional materials and supplemental instructional September 1, 2017 materials.

Amending Education Code: §31.023; §31.035

Bill Summary: SB 801 requires that instructional material list and the supplemental instructional materials, in addition to being free of factual errors, must be suitable for the subject and grade level and reviewed by academic experts.

Senate Bill 810 / Senator Lois Kolkhorst essential knowledge and skills. Brenham The bill requires the SBOE to allow the submission of open Effective Date: education resource instructional materials during a request June 9, 2017 for production when the SBOE is reviewing and adopting instructional materials. During the review and adoption Amending Education Code: process, the SBOE must consider a school district’s need for §31.001; §31.002; §31.004; §31.005; §31.021; §31.211; technology and instructional materials and, in any biennium, §31.0212; §31.0212; §31.0213; §31.0214; §31.0215; the SBOE may limit the adoption of instructional materials §31.0215; §31.022; §31.0231; §31.0241; §31.0242; §31.026; to provide enough resources to buy technology resources, §31.0261; §31.027; §31.029; §31.031; §31.071; §31.072; including digital curriculum. The SBOE must include information §31.073; §31.074; §31.075; §31.076; §31.077; §31.083; about open education resource instructional materials during §31.084; §31.101; §31.103; §31.014; §31.151; §32.001; the adoption cycle, including any cost savings associated with §41.124; §43.001; §51.451; §51.452; §51.453; §51.454 adopting open education resource instructional material.

Bill Summary: Impact on Charter Schools: SB 810 is also summarized under the School Finance section Charter schools should be aware of the changes to the as it relates to instructional materials allotment and the definition of instructional materials. Additionally, charter Texas Education Agency section as it relates to the TEA and schools should be aware that the instructional materials SBOE requirements. allotment now includes technology and may be used to purchase open education resource materials. [OPEN-SOURCE INSTRUCTIONAL MATERIALS] SB 810 changes all references to open-source instructional material to “open education resource instructional material.” The bill defines “open education resource instructional material” as teaching, learning, and research resources that are in the public domain or have been released under an intellectual property license that allows for free use, resuse, modification, and sharing with others.

When selecting instructional material each year, a school district or open-enrollment charter school may consider the use of open education resource instructional materials. School districts and open-enrollment charter schools may consider open education resource instructional materials— either submitted by eligible institutions and adopted by the State Board of Education (SBOE) or made available by other public schools—when determining whether each student has instructional materials that cover all elements of the

Senate Bill 826 / Senator Larry Taylor Impact on Charter Schools: Friendswood Charter school students may satisfy math or science credits by successfully completing an advanced career and Effective Date: technology course. Schools should update the policies and May 29, 2017 procedures regarding high school credit and graduation to reflect these changes. Amending Education Code: §28.025

Bill Summary: SB 826 requires the State Board of Education (SBOE) to allow a student to satisfy the third or fourth math credit or the third or fourth science credit under the foundation high school program by successfully completing an advanced career and technology course designated by the SBOE as containing substantively similar and rigorous content.

Senate Bill 1091 / Senator Kel Seliger Impact on Charter Schools: Amarillo Charter schools offering dual credit course programs should be aware of the new dual credit changes and amend any Effective Date: applicable curriculum as necessary. June 12, 2017

Amending Education Code: §28.009; §130.008

Bill Summary: SB 1091 requires a dual credit course offered under the College Credit Program to be in the core curriculum of the public institution of higher education (IHE) providing college credit, a career and technical education course, or a foreign language course. SB 1091 clarifies this does not apply to dual credit courses through an early college program or any other early college program that assists a student in earning a certificate or an associate degree while in high school. The Texas Education Agency (TEA) and Texas Higher Education Coordinating Board (THECB) will work together to coordinate the rules required to adopt the implementation of this newly added subsection.

Senate Bill 1153 / Senator José Menéndez Impact on Charter Schools: San Antonio Beginning in the 2017-2018 school year, open-enrollment charter schools will be required to provide notification to Effective Date: all students receiving multi-tiered intervention strategies, June 12, 2017 including participation in a response to intervention program. Open-enrollment charter schools must incorporate these Amending Education Code: notification and reporting requirements into practice and §12.104; §26.0004; §26.081 amend applicable school policies to reflect these changes. Charter schools are required to report enrollment in RTI Bill Summary: or other multi-tiered intervention systems and number of SB 1153 is also summarized in the PEIMS section as it relates eligible students under Section 504 to TEA through PEIMS. to reporting requirements for RTI.

[NOTICE REQUIREMENTS] SB 1153 allows parents to access records relating to assistance provided to a child for learning difficulties. Additionally, SB 1153 requires schools to notify a parent when a student receives assistance through intervention strategies, including multi-tiered intervention programs such as response to intervention (RTI). The notice must be given to the parent when a student begins receiving intervention, provide a reasonable description of assistance given to the student, an estimate of the duration of the intervention, estimated time frames for progress reports, and a copy of the explanation of the options and requirements for providing assistance to students who have learning difficulties.

Senate Bill 1318 / Senator Van Taylor If the commissioner determines that the campus has failed to Plano implement the instructional program with fidelity or comply with any requirement of the mathematics innovation zone, Effective Date: the bill allows the commissioner to revoke designation of September 1, 2017 a campus as a mathematics innovation zone and suspend associated grant funding. Adding Education Code: §28.020; §44.904 [PAY FOR SUCCESS PROGRAMS] SB 1318 allows the commissioner to structure and approve Bill Summary: “pay for success” programs for school district or open- [MATHEMATICS INNOVATION ZONE] enrollment charter schools to participate in. A pay for SB 1318 allows the commissioner to designate a campus success program is a program that involves private financing of a school district or open-enrollment charter school as under which payments are dependent on achievement of a mathematics innovation zone. The commissioner may measurable outcomes. award a grant to support implementation of innovative mathematics instruction. The commissioner may evaluate and approve a private investor, an education service provider, and a third-party The bill limits the amount of grants for the mathematics evaluator as participants in a pay for success program, innovation zone for the state fiscal biennium ending August and require an approved participant to comply with the 31, 2019 to $12.5 million. objectives, metrics, and other requirements prescribed by the commissioner. The bill requires that any campus that is designated as a mathematics innovation zone must implement an When evaluating a potential participant, the commissioner innovative mathematics instructional program approved by may verify the availability and liquidity of the investment the commissioner that addresses the essential knowledge funds of a private investor, evaluate the credentials and and skills of the mathematics curriculum. Additionally, the effectiveness of an education service provider, and evaluate program must comply with objectives, metrics, and other the credentials and independence of a third-party evaluator. requirements imposed by the commissioner and provide all data to the Texas Education Agency (TEA) upon request. A school district or open-enrollment charter school that uses a pay for success program is not subject to state procurement SB 1318 exempts a campus designated as a mathematics requirements that would apply to the activity funded through innovation zone from the state accountability system for the the program. first two years of the designation if the campus implements the instructional program with fidelity and complies with each Funds from a pay for success program may be used to mathematics innovation zone requirement to the satisfaction pay costs associated with designation of a campus as a of the commissioner. This exemption is not included in mathematics innovation zone. calculating consecutive school years or considered a break in consecutive school years of unacceptable ratings for Impact on Charter Schools: purposes of determining the need for intervention. Charter schools may apply to implement a pay for success

Texas Charter Schools Association ©2017 41 program or a mathematics innovation zone program. Those that implement a mathematics innovation zone program will be exempt from the state accountability system for two years as long as the program is implemented with fidelity and complies with the requirements set forth by the commissioner.

Senate Bill 1843 / Senator Donna Campbell Before August 1 of each year, the Texas Education Agency New Braunfels (TEA) will publish a list of school districts and open-enrollment charter schools that elected not to provide the ASVAB test Effective Date: during the previous school year. 2017-2018 School Year Impact on Charter Schools: Adding Education Code: Charter schools must provide the ASVAB test for students §29.015 in 10th – 12th grade, unless the charter school creates an alternative test or has a contract that provides for a different Bill Summary: vocational aptitude test. Charter schools must update their SB 1843 requires school districts and open-enrollment charter policies and procedures to reflect these changes. school to provide students in 10th – 12th grade an opportunity to take the Armed Services Vocational Aptitude Battery (ASVAB) test and consult with a military recruiter. The ASVAB test must be scheduled during normal school hours and at a time that limits conflict with extracurricular activities. Additionally, each school must provide each student in 10th – 12th grade and the student’s parent notice of the date, time, and location of the scheduled administration of the ASVAB test.

Schools may elect not to provide the ASVAB test only if the school provides an alternative test that: 1. assesses a student’s aptitude for success in a career field other than a career that requires postsecondary certification; 2. is free to administer; 3. requires minimal training and support of district or school faculty and staff to administer the test; and 4. provides the student with a professional interpretation of the test results that allows the student to both explore occupations that are consistent with the student’s interest and skills and develop strategies to attain the student’s career goals.

A school district, open-enrollment charter school, or high school that entered a contract prior to September 1, 2017 to provide a vocational aptitude test and the test does not comply with SB 1843 is exempt through the end of the contract. At the expiration of the contract, the school must comply with SB 1843.

House Bill 357 / Representative Dan Huberty Impact on Charter Schools: Houston Beginning with the 2017-2018 school year, open-enrollment charter schools offering prekindergarten will be required to Effective Date: offer free prekindergarten classes to children of those eligible 2017-2018 School Year for the Star of Texas Award.

Amending Education Code: §29.153

Bill Summary: HB 357 provides that a child is eligible for free prekindergarten classes if the child is at least three years of age and is the child of a peace officer, firefighter, or emergency medical first responder who is eligible for the Star of Texas Award. An individual is eligible for the Star of Texas Award if the person has been seriously injured or killed in the line of duty.

House Bill 1593 / Representative Dwayne Bohac Impact on Charter Schools: Houston Charter schools participating in the High Quality Prekindergarten Grant must update the policies and procedures to meet these Effective Date: new requirements. June 15, 2017

Amending Education Code: §29.168

Bill Summary: HB 1593 requires a school participating in the High Quality Prekindergarten Grant to have a family engagement plan that includes programs that engage a family in supporting the student’s learning at home, in addition to being based on empirical research and proven to demonstrate significant positive short-term and long-term outcomes for early childhood education.

House Bill 249 / Representative Ana Hernandez Impact on Charter Schools: Houston Charter schools must ensure all staff and volunteers are trained on the new definitions of abuse and neglect for reporting Effective Date: purposes. Charter schools should also update school abuse September 1, 2017 and neglect prevention policies to include these definitions.

Amending Family Code: §261.001

Bill Summary: HB 249 amends the definition of abuse and neglect in the Family Code. The definition of abuse is amended to include forcing or coercing a child into marriage. The bill also added a definition for exploitation, which includes the illegal or improper use of a child or of the resources of a child for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility or program. Finally, HB 249 amended the definition of neglect to include a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a child served by the facility or program.

House Bill 674 / Representative Eric Johnson school may conduct an annual training for the staff employed Dallas by the district or school.

Effective Date: Impact on Charter Schools: 2017-2018 School Year Charter schools are not subject to the suspension prohibitions, but charter schools should be aware of these Amending Education Code: requirements. Additionally, charter schools may choose to §37.005 establish a disciplinary alternative program as an alternative for out-of-school suspension for students in grades lower Adds Education Code: than 3rd. §37.0013

Bill Summary: HB 674 prohibits school districts from placing students in grades lower than 3rd in out-of-school suspension, unless the student commits one of the following offenses on school property or while attending a school-related activity: a weapons offense under §46.02 or §46.05 of the Penal Code; a violent offense under §§22.01, 22.11, 22.02, or 22.21 of the Penal Code; or selling, giving, delivering, possessing, using, or being under the influence of marijuana, a controlled substance, a dangerous drug, or an alcoholic beverage.

HB 674 provides that a school district or open-enrollment charter school may implement a disciplinary alternative program for students enrolled in a grade lower than 3rd. The program must be made in consultation with both campus behavior coordinators employed by the district or school and representatives of the regional education service center. In addition, the program must (1) be age-appropriate and research-based; (2) provide models for positive behavior; (3) promote a positive school environment; (4) provide alternative discipline that does not rely on in-school suspension, out-of- school suspension, or placement in a disciplinary alternative program; and (5) provide behavior management strategies such as positive behavioral intervention and support, trauma- informed practices, social and emotional learning, a referral for services, and restorative practices. If a school district or open-enrollment charter school adopts this program, then the

House Bill 867 / Representative Jason Villalba Impact on Charter Schools: Dallas Charter schools appointing school marshals should be aware of the new ratio and ammunition requirements. Charter Effective Date: schools appointing school marshals must update their June 15, 2017 policies and procedures in accordance with HB 867.

Amending Education Code: §37.0811

Bill Summary: HB 867 allows a school to appoint one school marshal for every 200 students, instead of every 400, or one marshal per campus, whichever is greater. Additionally, a handgun in possession of a school marshal or within access may only have frangible duty ammunition that is approved by the Texas Commission of Law Enforcement.

House Bill 871 / Representative Kevin Roberts of child abuse or neglect solely because a request was Houston submitted to DFPS by a child’s parent for information relating to child and family services available to families in crisis. Effective Date: September 1, 2017 Impact on Charter Schools: Charter schools should be aware that parents may now give Amending Family Code: power of attorney to any adult through an authorization §34.0015; §34.002; §34.0021; §34.003; §34.004; agreement, not just a relative. This information should be §34.007; §34.008 given to parents, as another option instead of a Power of Attorney or other court appointment. Amending Human Resources Code: §42.041

Bill Summary: HB 871 allows a parent or both parents of a child to enter into an authorization agreement with an adult caregiver to give the adult caregiver power of attorney over the child. An adult caregiver is an adult person whom a parent has authorized to provide temporary care for a child.

An authorization agreement between the child’s parent and the adult caregiver does not subject the adult caregiver to any law or rule governing the licensing or regulation of a residential child-care facility. Additionally, a child who is the subject of an authorization agreement is not considered to be placed in foster care, and the parties are not subject to any law or rule governing foster care providers.

The authorization agreement lasts for six months and renews automatically for six-month terms unless an earlier expiration date is set in the authorization agreement, the authorization agreement is terminated, or a court authorizes the continuation of the agreement.

The Department of Family and Protective Services (DFPS) must cooperate with nonprofit organizations to provide information to families in crisis regarding respite care, voluntary guardianship, and other support services available in the child’s community. But DFPS cannot initiate an investigation

House Bill 1076 / Representative Tom Oliverson Impact on Charter Schools: Cypress Charter schools should be aware that the TEA and HHSC will develop a process for notifying parents, conservators, and Effective Date: guardians of screening requirements for abnormal spinal 2018-2019 School Year curvature in children. Additionally, schools must update its procedures for conducting spinal screenings to match the new Amending Health and Safety Code: age appropriate timeframe and notification to parents. §37.001

Bill Summary: HB 1076 removes the requirement of mandatory spinal screenings for grades six through nine. Instead, when adopting rules, HB 1076 now requires that the Health and Human Services Commission (HHSC) consider the most recent nationally accepted and peer-reviewed scientific research in determining the appropriate ages for conducting the spinal screening.

The bill requires the executive commissioner of the HHSC to develop a process with the Texas Education Agency (TEA) by January 1, 2018, of notifying a parent, managing conservator, or guardian of the 1. screening requirement for abnormal spinal curvature; 2. purposes of and reasons for the screening requirement for abnormal spinal curvature; 3. noninvasive nature of the method for screening; and 4. method for declining to comply with the screening requirement because of conflicts with the tenets and practices of a recognized church or religious denomination.

House Bill 1111 / Representative Senfronia Thompson Impact on Charter Schools: Houston Charter schools should be aware of the changes to the local government code, especially the amendment that a Effective Date: registered sex offender may be within a specified distance of September 1, 2017 a child safety zone for a legitimate purpose.

Adding Local Government Code: §341.906

Bill Summary: HB 1111 creates a “child safety zone” that includes, premises where children commonly gather, including a school, day- care facility, playground, public or private youth center, public swimming pool, video arcade facility, or other facility that regularly holds events primarily for children. The definition of a “child safety zone” does not include churches.

A municipality by ordinance may restrict a registered sex offender from going in, on, or within a specified distance of a child safety zone in the municipality. The ordinance may establish a distance requirement of any distance less than 1,000 feet, and must establish procedures for a registered sex offender to apply for an exemption from the ordinance. Additionally, the ordinance must exempt a registered sex offender who established residency in a residence located within the specified distance of a child safety zone before the date the ordinance is adopted.

A registered sex offender may be within a specified distance of a child safety zone for a legitimate purpose, including transportation of a child that the registered sex offender is legally permitted to be with, transportation to and from work, and other work-related purposes.

House Bill 1935 / Representative John Frullo Impact on Charter Schools: Lubbock Charter schools should amend their Student Code of Conduct, changing any references to an “illegal knife” to “location- Effective Date: restricted knife.” September 1, 2017

Amending Family Code: §52.031; §53.01

Amending Penal Code: §46.01; §46.02; §46.03; §46.06; §46.15

Bill Summary: HB 1935 changes references to an “illegal knife” to “location- restricted knife” throughout the Family Code and the Penal Code. This bill removes previous definitions of an illegal knife and simply defines a location-restricted knife as a knife with a blade of over five and one-half inches.

The bill creates two Class C misdemeanor offenses related to location-restricted knives, and reduces the penalty for knife-related weapons offenses to a Class C misdemeanor in certain places such as airports, places of worship, mental hospitals, and polling places. However, it is still a third-degree felony to intentionally, knowingly, or recklessly possess or go with a location-restricted knife on the physical premises of a school or educational institution, any grounds or building on which a school- or institution-sponsored activity is taking place, or a school or institution vehicle.

House Bill 2880 / Representative Harold Dutton, Jr. Impact on Charter Schools: Houston Charter schools must revise their student code of conduct and policies to reflect these changes. Effective Date: September 1, 2017

Amending Education Code: §37.125

Bill Summary: HB 2880 reduces the criminal offense level from a third degree felony to a Class A misdemeanor for a person who makes mere threats to exhibit or use a firearm in or on public or private school property or a school vehicle being used to transport children, whether or not the child had possession of or immediate access to a firearm at the time. It remains a third degree felony to intentionally and actually exhibit or use a firearm in or on public or private school property or a school vehicle being used to transport children.

House Bill 3024 / Representative Four Price Impact on Charter Schools: Amarillo Charter schools must update their policies and procedures to include chiropractors as an individual who can remove a Effective Date: student suspected of having a concussion. June 1, 2017

Amending Education Code: §38.156

Bill Summary: HB 3024 adds chiropractors licensed under the Occupations Code to the list of people authorized to remove a student from a school athletics practice or competition if he or she believes the student has sustained a concussion during the practice or competition.

House Bill 4056 / Representative Toni Rose Impact on Charter Schools: Dallas Charter schools should be aware of the broadened base of program topics developed by DSHS and Texas Education Effective Date: Agency (TEA) to address mental health concerns in schools June 12, 2017 and that each school may utilize any of the resources.

Amending Health & Safety Code: §161.325

Bill Summary: HB 4056 amends the Health and Safety Code to require Department of State Health Service’s (DSHS) to include research-based practices in the list of recommended programs addressing mental health concerns in schools. The programs must include practices involving building skills related to managing emotions, establishing and maintaining positive relationships, and responsible decision making; trauma-informed practices; positive school climates, and; positive behavior supports.

HB 4056 defines “school climate” as the quality and character of school life, including interpersonal relationships, teaching and learning practices, and organizational structures amongst a school district’s enrolled students, their parents, and school district staff.

Senate Bill 4 / Senator Charles Perry Impact on Charter Schools: Lubbock Though SB4 will impact charter schools and student families in a variety of ways, charter schools should be aware that Effective Date: school police officers, resources officers, or security September 1, 2017 personnel are not subject to the requirements in SB4.

Adding Government Code: §752.052

Bill Summary: SB 4 requires a local entity or law enforcement to comply with federal immigration laws and ensure that local law enforcement are not limiting authorized immigration officers from inquiring into the immigration status of a person under lawful detention or arrest, assisting or cooperating with a federal immigration officer, or permitting a federal immigration officer to enter and conduct enforcement activities at a jail to enforce federal immigration laws.

SB 4 specifically states that this bill does not apply to open-enrollment charter schools, including peace officers employed or contracted by a charter school. Additionally, this bill does not apply to the release of information contained in educational records of an educational agency or institution, except in conformity with the Family Educational Rights and Privacy Act.

Senate Bill 179 / Senator Jose Menendez camera, electronic mail, instant messaging, a social media and Senator Judith Zaffirini application, an Internet website, or any other Internet-based San Antonio, Laredo communication tool.

Effective Date: SB 179 repeals Education Code §37.0832(b), thus removing September 1, 2017 the limits that once confined acts of bullying to incidents that occurred on school property, at a school-sponsored or Amends Education Codes: school-related activity, or in a vehicle operated by the school §5.001; §33.006; §37.218 district. SB 179 expands bullying to include: 1. bullying that occurs on or is delivered to school property Amends Health & Safety Codes: or to the site of a school-sponsored or school-related §37.0832; §161.325 activity on or off school property; 2. bullying that occurs on a publicly or privately owned Amends Penal Codes: school bus or vehicle being used for transportation §42.07 of students to or from school or school-sponsored or school-related activity; and Adds Civil Practices & Remedies Codes: 3. cyberbullying that occurs off school property or outside §129A.001-§129.005 of a school-sponsored or school-related activity if the cyberbullying interferes with a student’s educational Add Education Codes: opportunities or substantially disrupts the orderly §37.0151; §37.0052 operation of a classroom, school, or school-sponsored or school-related activity. Repeals Education Code: §37.0832 [POLICY] Charter schools are now subject to the requirements under Bill Summary: Chapter 37 of the Education Code as they relate to bullying [BULLYING] prevention policies. Charters are required to adopt bullying SB 179, also known as “David’s Law,” amends the definition policies and procedures, that: of bullying to include a single significant act or a pattern of 1. prohibits bullying of a student; acts by one or more students directed at another student 2. prohibits retaliation against a person for reporting that exploits an imbalance of power. Additionally, the bullying bullying; must materially and substantially disrupt the educational 3. provides notice of an incident of bullying to a parent process or the orderly operation of a classroom or school or or guardian of the alleged victim no later than the third infringe upon the rights of the victim at school. business day after the incident is reported; 4. provides notice of an incident of bullying to a parent The bill also includes cyberbullying in the definition of or guardian of the alleged bully within a reasonable bullying. Cyberbullying includes bullying that is done amount of time after the incident; using any electronic communication device, including a 5. establishes the actions a student should take to obtain cellphone or any other type of telephone, a computer, a assistance and intervention in response to bullying

60 Texas Charter Schools Association ©2017 6. sets out the available counseling options for a student [MENTAL HEALTH] who is a victim of or a witness to bullying or who engages The Texas Education Agency (TEA) must collaborate with the in bullying; Health and Human Services Commission (HHSC) to establish 7. procedures for a student to report and anonymously and maintain a website that provides resources for school report an incident of bullying; employees regarding working with students with mental health 8. establish procedures for investigating an incident of conditions. The website must include, (1) grief-informed bullying; and trauma-informed practices; (2) building skills related to 9. prohibits the imposition of a disciplinary measure on a managing emotions, establishing and maintaining positive student who is found to be the victim of bullying on the relationships, and responsible decision-making; (3) positive basis of that student’s use of reasonable self-defense in behavior interventions and supports and positive youth response to bullying; and development; and (4) safe and supportive school climate. 10. discipline of a student with a disability complies with the Individuals with Disabilities Education Act. SB 179 adds a definition for a “mental health condition,” which includes illness, disease, or disorder, other than epilepsy, A school may establish a district-wide policy to assist dementia, substance abuse, or intellectual disability, that in the prevention and mediation of a bullying incident substantially impairs a person’s thought, perception of between students that interfere with a student’s educational reality, emotional process, or judgment; or grossly impairs opportunities or substantially disrupt the orderly operation of behavior as demonstrated by recent disturbed behavior. school operations. [COUNSELORS] [DISCIPLINARY ACTIONS] SB 179 requires school district counselors to serve as A student may be placed in disciplinary alternative education impartial, non-reporting resources for interpersonal conflicts program (DAEP) or expelled for engaging in bullying that and discord involving two or more students, including encourages a student to commit or attempt to commit accusations of bullying. But a school counselor is not exempt suicide, inciting violence against a student through group from mandatory reporting requirements. bullying, or releasing or threatening to release intimate visual material of a minor or of an adult student without the [INJUNCTIVE RELIEF] student’s consent. A school must report finding intimate SB 179 establishes procedures for injunctive relief when a visual material of a minor. minor is the victim of cyberbullying. A recipient of cyberbullying behavior, who is under 18 when the cyberbullying occurs, [REPORTING] or the recipient’s parent, may seek a court order enjoining SB 179 allows a principal, or a person designated by the the defendant from engaging in cyberbullying or compelling principal, other than a counselor, to make a report to any the parent of a minor who engages in cyberbullying to take school district police department or local law enforcement reasonable actions to stop the cyberbullying. if, after an investigation is completed, the principal has reasonable grounds to believe that a student engaged in A plaintiff in an action for injunctive relief is entitled to a conduct that constitutes assault or criminal harassment by temporary restraining order if the plaintiff can show that he repeated electronic communication. or she is likely to succeed in establishing that cyberbullying occurred. A plaintiff is entitled to either a temporary or A person who reports an incident of bullying is immune from permanent injunction on showing that he or she was civil or criminal liability. Additionally, an employee of the cyberbullied. A court issuing a temporary order may also order district who reports is immune from disciplinary action. the preservation of any relevant electronic communication.

Texas Charter Schools Association ©2017 61 [CYBERBULLYING AS A CRIME] Impact on Charter Schools: SB 179 expands the definition of criminal harassment Charter schools are required to adopt bullying prevention by electronic communication to include communication policies and procedures in accordance with David’s Law and through use of a cellular or other type of telephone, a should communicate these policies to school employees, computer, a camera, text message, a social media platform students, and parents. or application, an internet website, and any other internet- based communications tool.

The bill states that criminal harassment by electronic communication will rise to a Class A misdemeanor if the offense was committed against a minor with the intent that the minor commit suicide or engage in conduct causing serious bodily injury to the child, or the actor has previously violated temporary restraining order or injunction for cyberbullying.

Senate Bill 489 /Senator Eduardo A. “Eddie” Lucio, Jr. Impact on Charter Schools: Brownsville Charter schools with local health advisory councils may make recommendations for instruction aimed at preventing student Effective Date: use of tobacco and e-cigarettes. May 28, 2017

Amending Education Code: §28.004

Bill Summary: SB 489 amends §28.004(c) by expanding the duties of local school health advisory councils to include recommendations that are specific to preventing use of e-cigarettes.

Senate Bill 1314 / Senator José Rodríguez Impact on Charter Schools: El Paso Charter schools that operate within a juvenile justice facility or have a juvenile justice program should be aware Effective Date: of the exemption in SB 1314 and update their policies and September 1, 2017 procedures according to the minimum standards adopted by the Texas Juvenile Justice Board. Amending Health & Safety Code: §464.003

Bill Summary: SB 1314 exempts a juvenile justice facility or juvenile justice program from regulations regarding chemical dependency treatment facilities under Chapter 464 of the Health & Safety Code.

The bill requires the Texas Juvenile Justice Board to adopt reasonable rules that provide minimum standards for the operation of substance abuse facilities or programs that are juvenile justice facilities or juvenile justice programs.

A substance abuse facility or program operating under standards adopted under the Human Resources Code is not required to be licensed or otherwise approved by any other state or local agency.

Senate Bill 1553 / Senator José Menéndez Impact on Charter Schools: San Antonio Charter schools should be aware of these requirements and update policies and procedures related to school visitors. Effective Date: September 1, 2017

Amending Code of Criminal Procedure: §62.053; §62.064

Bill Summary: SB 1553 requires a person subject to the sex offender registration program under Chapter 62 of the Code of Criminal Procedure who enters the premises of any school to immediately notify the administrative office of the school of the person’s presence and the person’s registration status under Chapter 62 of the Code of Criminal Procedure. The school office may provide a chaperone to accompany the person while the person is on the premises of the school.

These requirements do not apply to a student enrolled at the school, a student from another school participating in any event at the school, or a person who has entered into a written agreement with the school that exempts the person from those requirements.

Senate Bill 1566 / Senator Lois Kolkhorst Impact on Charter Schools: Brenham Charter schools must update their policies and procedures to provide notice to parents regarding lice. Additionally, schools Effective Date: must update school policies with regard to employees carrying September 1, 2017 a handgun or firearm in their vehicle if the employee has a concealed handgun license. Amending Education Code: §29.918; §39.102

Adding Education Code: §11.1515; §38.031

Bill Summary: SB 1566 is also summarized in the Accountability section relating to board oversight of academics, dropout prevention plans, and board evaluation tools.

[STORAGE OF A FIREARM] SB 1566 prevents a school from prohibiting a person who holds a license to carry a handgun from transporting or storing a handgun or firearm in a locked, privately owned vehicle in a parking lot provided by the school. The handgun or firearm cannot be in plain view.

[NOTICE OF LICE] Under SB 1566, a school must adopt a policy to notify a parent of a child within 48 hours of discovering a child with lice. The school must also notify each parent of a child assigned to the same classroom as a child with lice within 5 school days of discovering lice.

The notice must include recommendations from the Centers for Disease Control and Prevention for treatment and prevention of lice.

Senate Bill 2039 / Senator Judith Zaffirini Impact on Charter Schools: Laredo Charter schools should be aware of the instructional modules that will be made available to them and may decide at its Effective Date: own discretion if they would like to utilize the modules for its 2017-2018 School Year health curriculum.

Adding Education Code: Charter schools must add policies addressing sex trafficking §28.017 to their currently mandated policies addressing sexual abuse and maltreatment of children. Amending Education Code: §38.0041

Bill Summary: SB 2039 requires the Texas Education Agency (TEA) and a human trafficking prevention task force to develop instructional modules for school districts intended to prevent sexual abuse and sex trafficking.

Prior to each school year, school using these modules in their curriculum must provide written notice to parents. The notification must state the school will be providing instruction relating to sexual abuse and sex trafficking awareness, a description of the material that will be used in instruction, and that parents have the right to review the material and remove their students from instruction. A parent may file a complaint against a school that does not comply with the parent notification requirements.

SB 2039 also requires schools to add policies addressing sex trafficking to the mandated policies addressing sexual abuse and maltreatment of children. School districts are authorized to collaborate with local law enforcement and expert consultants in developing these policies addressing sexual abuse, sex trafficking, and maltreatment of children and creating a referral protocol for high-risk students.

House Bill 8 / Representative Giovanni Capriglione Impact on Charter Schools: Southlake The governing body of an open-enrollment charter school may hold a closed meeting to deliberate security issues, Effective Date: however, the board must follow all other Open Meetings Act September 1, 2017 requirements regarding notification, certified agendas, and taking action in a public meeting. Amending Government Code: §551.089

Bill Summary: HB 8 amends the Open Meetings Act to allow governmental bodies to conduct closed meetings to deliberate certain security issues. A governmental body may conduct a closed meeting to deliberate security assessments or deployments relating to information resources technology, network security information that is related to a criminal investigation, or the deployment or implementation of security personnel, critical infrastructure, or security devices.

House Bill 523 / Representative Mike Schofield Impact on Charter Schools: Houston The board of directors of a charter holder with a student enrollment of 10,000 or more must ensure all work sessions Effective Date: and special called meetings where a vote will occur or September 1, 2017 public comment will be heard are recorded and posted on their websites. Amending Government Code: §551.128

Bill Summary: HB 523 amends the government code to require the governing body of a school district or open-enrollment charter school with a student enrollment of 10,000 or more make a video recording of reasonable quality of each open meeting that is a work session or special called meeting if the governing body votes on any matter or allows public comment or testimony.

HB 523 requires that an archived copy of the video and audio recording of each meeting be posted on the Internet.

House Bill 2783 / Representative John T. Smithee Impact on Charter Schools: Amarillo Courts may assess court costs and attorney fees against an open-enrollment charter school even if the open-enrollment Effective Date: charter school voluntarily releases the requested information September 1, 2017 after filing an answer to the underlying Public Information Act lawsuit. This change in law gives courts the flexibility needed to Amending Government Code: hold bad actors accountable under the Public Information Act. §552.323

Bill Summary: HB 2783 provides that a court may assess the costs of litigation and reasonable attorney fees incurred by a plaintiff to whom a governmental body voluntarily releases the requested information after filing an answer to the suit.

House Bill 3047 / Representative Tony Dale Impact on Charter Schools: Cedar Park The governing body of an open-enrollment charter school holder must update the board meeting procedures to be Effective Date: in compliance with these changes. Additionally, only open- September 1, 2017 enrollment charter schools with a geographic boundary that extends into three or more counties may hold a videoconference Amending Government Code: meeting with only the presiding officer present. §551.127

Bill Summary: HB 3047 clarifies when a governmental body can hold a meeting via videoconference. Now, a governmental body may only hold a videoconference meeting if a quorum of the board is present at the physical location of the meeting, unless the government body extends into three or more counties. If a board extends into three or more counties, then only the presiding officer must be present at the physical location and the remaining members can videoconference into the meeting.

HB 3047 requires a member of a governmental body who participates in a meeting by videoconference to be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected. A meeting may continue only if a quorum is present at the meeting location or if the meeting extends into three or more counties and meets the requirements for videoconference calls.

House Bill 3107 / Representative Trent Ashby The bill also clarifies that a governmental body does not have Lufkin to provide a written estimate of total cost that exceeds any reasonable time limits set by the governmental body, if a Effective Date: requestor previously made a request, which has not been September 1, 2017 withdrawn; the governmental body already located and compiled documents in response to that request; and the Amending Government Code: governmental body provided a statement to the requestor §552.221; §552.261; §552.275 indicating the first request remains unpaid on the date the requestor submitted the new request. A governmental Bill Summary: body is not required to locate, compile, produce, or provide HB 3107 amends the Public Information Act, and allows for copies of documents or prepare a statement in response to a request to be considered withdrawn if the requestor fails a new request until the date the requestor pays each unpaid to inspect or duplicate the public information in the offices statement issued under a previous request or withdraws the of the governmental body within 60 days after the date the previous request. information is made available. A request is also considered withdrawn if the requestor fails to pay the postage or any other Impact on Charter Schools: applicable charges within 60 days after the date the requestor Charter schools are subjected to the Public Information Act is informed of the charges. and should incorporate the changes made by HB 3107 into the school’s policies, procedures, and practices relating to the The bill also allows governmental bodies to treat requests Public Information Act. received in one calendar day from one individual as a single request for calculating costs. A governmental body may not combine requests from multiple individuals who submit requests on behalf of an organization.

Additionally, HB 3107 allows governmental bodies to establish reasonable time limits on the amount of time personnel are required to spend on producing public information without recovering costs for that personnel time. However, a yearly time limit may not be less than 36 hours for a requestor, and a monthly time limit may not be less than 15 hours for a requestor. These limits do not apply if the requestor is an individual who is seeking information for dissemination by a news medium or communication service provider. This includes an individual who is or was a journalist, scholar, or researcher employed by an institution of higher education at the time of the request for information.

Senate Bill 79 / Senator Jane Nelson Impact on Charter Schools: Flower Mound A public information officer may comply with a request for public information by referring a requester to the website Effective Date: containing the requested information. September 1, 2017

Amending Government Code: §552.221

Bill Summary: SB 79 amends the Government Code to expand from a political subdivision to a governmental body the entities for which the public information officer is authorized to comply with a request for public information by referring a requestor to an exact Internet location or uniform resource locator (URL) on a website maintained by the entity.

Senate Bill 564 / Senator Donna Campbell Impact on Charter Schools: New Braunfels Charter schools are subjected to the Open Meetings Act and may now conduct closed meetings to deliberate security Effective Date: information regarding the school. September 1, 2017

Amending Government Code: §551.089

Bill Summary: SB 564 allows a governmental body, including the governing body of a charter school, to conduct closed meetings to deliberate security assessments or deployments relating to information resources technology, network security information, or the deployment or implementation of security personnel, critical infrastructure, or security devices.

Senate Bill 1440 / Senator Donna Campbell Impact on Charter Schools: New Braunfels Members of the governing body of an open-enrollment charter school may attend a candidate event or debate even Effective Date: if a quorum of the governing body is present at the event, so September 1, 2017 long as any discussion of the school’s business is incidental to the event. Amending Government Code: §551.001

Bill Summary: SB 1440 makes clear that the presence of a quorum of a governmental body at a candidate forum, appearance, or debate to inform the electorate (if formal action is not taken and any discussion of public business is incidental to the forum, appearance or debate) is not a meeting for purposes of the Open Meetings Act.

Senate Bill 490 / Senator Eduardo A. “Eddie” Lucio, Jr. Impact on Charter Schools: Brownsville Charter schools with school counselors must provide postsecondary information to students entering high school, and each year of high school. Additionally, charter schools Effective Date: must report information regarding the availability of school June 9, 2017 counselors in PEIMS.

Amending Education Code: §33.007; §39.306; §42.006

Bill Summary: SB 490 is also summarized in the Curriculum & Instruction section as it relates to information school counselors must give to students.

[PEIMS] SB 490 also requires that schools report the number of school counselors providing counseling services at each campus in the school’s annual performance report.

Additionally, SB 490 requires each to report the number of full-time school counselors at each campus through the Public Education Information Management System (PEIMS). The bill defines a “full-time equivalent school counselor” as one that provides 40 hours of counseling services a week. TEA must maintain this information.

Senate Bill 1153 / Senator José Menéndez Impact on Charter Schools: San Antonio Beginning in the 2017-2018 school year, open-enrollment charter schools will be required to provide notification to Effective Date: all students receiving multi-tiered intervention strategies, June 12, 2017 including participation in a response to intervention program. Open-enrollment charter schools must incorporate these Amending Education Code: notification and reporting requirements into practice and §12.104; §26.0004; §26.081 amend applicable school policies to reflect these changes. Charter schools are required to report enrollment in RTI or Bill Summary: other multi-tiered intervention systems and number of eligible SB 1153 is also summarized in the Curriculum & Instruction students under Section 504 to TEA through PEIMS. section as it relates to notice requirements for use of RTI.

[PEIMS] All schools will be required to annually report in PEIMS the total number of students who are receiving multi-tiered intervention strategies. Schools will also be required to report total number of students receiving services under Section 504 of the Rehabilitation Act in PEIMS.

Senate Bill 1404 / Senator Bryan Hughes Impact on Charter Schools: Mineola Charter schools must use PEIMS to report the availability of expanded learning opportunities and the number of students Effective Date: participating in each category under these opportunities for June 15, 2017 each campus in its district.

Amends Texas Education Code: §42.006

Bill Summary: SB 1005 requires school to use the Public Education Information Management System (PEIMS) to report the availability of expanded learning opportunities during an extended day or year program, or other structured learning opportunities outside of the regular school day. Schools must also report the number of students participating in each category under these opportunities. School must report information for each campus in the district.

The Sunset Advisory Commission will review the information submitted under this bill to determine the role regional service centers should play in providing these opportunities.

Senate Bill 2080/ Senator Larry Taylor Impact on Charter Schools: Friendswood SB 2080 adds new PEIMS code for students with disabilities who reside in residential facilities and the code would Effective Date: automatically pull the information requested for the RF tracker Beginning with the 2017-2018 School Year report, saving schools time and money.

Amending Education Code: §29.012

Bill Summary: SB 2080 requires each district and open-enrollment charter school to report in the Public Education Information Management System (PEIMS) the number of children with disabilities residing in a residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) system and receive educational services from the district or school.

House Bill 1003/ Representative Giovanni Capriglione Impact on Charter Schools: Southlake Charter schools will have greater options for authorized investments for the investment of public funds. Effective Date: June 14, 2017

Amending Education Code: §2256.009; §2256.011; §2256.015

Bill Summary: HB 1003 amends the Government Code sections applicable to open-enrollment charter schools to (1) expand the investments authorized to be made using public funds; (2) to require certain authorized investments to comply with specified federal regulations and (3) to revise provisions of the act relating to investment pools.

House Bill 2647 / Senator José Rodríguez Impact on Charter Schools: El Paso As an authorized authority to invest public funds, charter schools may invest funds in the newly approved interest- Effective Date: bearing banking deposits. June 15, 2017

Amends Government Code: §2256.009

Bill Summary: HB 2647 amends Government Code §2256.009(a) by expanding the list of authorized investments of public funds to include specific interest-bearing banking deposits. The changes to §2256.009(a) only apply to an authorized investment of public funds made June 15, 2017 or later.

House Bill 1075 / Representative Ed Thompson Impact on Charter Schools: Pearland Charter schools participating in UIL should be informed of these requirements. Effective Date: September 1, 2017

Adding Education Code: §33.085

Bill Summary: HB 1075 requires sports officials registered with the University Interscholastic League (UIL) to undergo a criminal background check every three years following the date of the initial background check.

House Bill 1426 / Representative Alma A. Allen Impact on Charter Schools: Houston Charter schools should be aware that a person’s criminal history record may still be used to deny, suspend, or revoke an Effective Date: educational professional or occupational license, even if the June 9, 2017 person receives a certificate of relief from the court.

Amending Code of Criminal Procedure: Title 1

Bill Summary: HB 1426 amends the Code of Criminal Procedure to allow individuals who complete deferred adjudication community supervision to obtain a certificate of relief from the indirect consequences of a person’s criminal history record. The criminal history record of an individual who receives a certificate, as it relates to the specific offense, may not be used as grounds for denying, suspending, or revoking a professional or occupational license.

However, even if a certificate is obtained, an individual’s criminal history record may be used as grounds for denying, suspending, or revoking a professional or occupational license to a person who is (1) an educator employed by or seeking employment by a school district, district of innovation, open- enrollment charter school, regional education service center, or shared services arrangement; (2) a person who holds or seeks a certificate issued by the State Board of Educator Certification; or (3) a person required to be licensed by a state agency to be employed by a school district.

House Bill 1469/ Representative Ernest Bailes Impact on Charter Schools: Shepherd Currently, Gulf Coast Trades Center is the only charter school district that is impacted by HB 1469. Effective Date: June 1, 2017

Amending Education Code: §12.129

Bill Summary: HB 1469 amends §12.129 by making an exception to minimum qualifications for teachers at open-enrollment charter schools that also serve as a residential trade center for youths. Such teachers are not required to hold a baccalaureate degree to teach noncore vocational courses so long as the teacher has demonstrated relevant subject matter expertise related to the subject taught and has received a minimum 20 hours of classroom management training.

House Bill 1810 / Representative Tony Dale Impact on Charter Schools: Cedar Park Charter schools should be aware of this new felony because of restrictions on who can serve as a member of the governing Effective Date: body of a charter holder or who may be hired by the school. September 1, 2017

Amending Penal Code: §43.262

Bill Summary: HB 1810 creates a new offense of possession or promotion of “lewd visual material depicting a child,” punishable as a felony. A person commits the possession or promotion of lewd visual material depicting a child by knowingly possessing, accessing with intent to view, or promoting visual material that depicts lewd exhibition of the genitals or pubic area of a child, appeals to a prurient interest in sex, and has no serious literary, artistic, political, or scientific value. The bill broadly defines “promote,” as to procure, manufacture, issue, sell, give, provide, lend, mail, deliver, transfer, transmit, publish, distribute, circulate, disseminate, present, exhibit, or advertise or to offer or agree to do any of the above.

The bill specifies that it is not a defense that the child consented to the creation of the material.

House Bill 1934 / Representative Ina Minjarez Impact on Charter Schools: San Antonio Charter schools should be aware of the expedited process to receive an educator certification, if the charter school Effective Date: is seeking certified teachers in special education, bilingual June 15, 2017 education, or other subjects the charter requires a teacher to have a certification. Amending Education Code: §21.052

Bill Summary: HB 1934 requires the State Board of Education (SBOE) to propose rules that create an expedited educator certificate application process for a spouse of someone who is an activity duty member of the United States’ armed forces.

The bill requires that any temporary certificate issued to an educator who is the spouse of an active duty member of the United States’ armed forces may not expire before the third anniversary of when the SBOE completes the review of the educator’s credentials and informs the educator of the examination or examinations on which the educator must perform satisfactorily to receive a standard certificate.

House Bill 1978/ Representative J.D. Sheffield Impact on Charter Schools: Gatesville Charter schools may want to seek the volunteer assistance of a physician assistant at school or school events. Effective Date: September 1, 2017

Amending Occupations Code: §204.2045

Bill Summary: HB 1978 amends the Occupations Code to permit physicians assistants to provide medical care without the supervision and delegation of licensed physicians within the scope of their practice to volunteer for a charitable organization or at a public or private event, including a religious event, sporting event, community event or health fair and are entitled to immunity from liability protections similar to other health professions.

House Bill 2552 / Representative Senfronia Thompson person to provide intimate visual material or an act involving Houston sexual conduct, but not a monetary benefit. This specified list of criminal offenses includes homicide, kidnapping, and some Effective Date: forms of human trafficking. The threat may be communicated September 1, 2017 in any manner, including online.

Adding Education Code: Sexual coercion is a state jail felony, unless the individual has §11.066 previously been convicted of the same offense which would raise the offense to a third-degree felony. Amending Penal Code: §20A.02; §21.16; §21.18; §22.01; §22.01 [ASSAULT ON A PREGNANT WOMAN] The punishment for assault is enhanced from a Class A Bill Summary: misdemeanor to a third-degree felony if the assault is to force [SCHOOL BOARD ELIGIBILITY] a pregnant woman to have an abortion. A person cannot serve on the board of trustees of a school district if that person has been convicted of the offense of Impact on Charter Schools: prostitution. Charter schools need to be aware of these changes to Title 5 of the Penal Code because open-enrollment charter schools [UNLAWFUL DISCLOSURE OF INTIMATE MATERIAL] cannot hire someone or have a board member who has been An offense under §21.16 of the Penal Code, unlawful disclosure convicted of a felony offense under Title 5 of the Penal Code. or promotion of intimate visual material, is now a state jail felony rather than a Class A misdemeanor.

[SEXUAL COERCION] HB 2552 adds a new felony offense of sexual coercion to Title 5 of the Penal Code. A person commits sexual coercion if they intentionally threaten to commit one of a specified list of criminal offenses in order to coerce or extort another person to provide intimate visual material, an act involving sexual conduct, or a monetary benefit. The specified list of criminal offenses includes prostitution, some forms of human trafficking, continuous sexual abuse of a child, indecent exposure, indecency with a child, improper relationship between an educator and a student, invasive visual recording, and sexual assault.

A person also commits the offense of sexual coercion if the person intentionally threatens to commit one of the another specified list of criminal offenses to coerce or extort another

School Employees A superintendent, director, or principal who files a report Senate Bill 7 / Senator Paul Bettencourt with the SBEC in good faith and while acting in an official Houston capacity or communicates with another superintendent, director, or principal concerning an educator’s criminal Effective Date: conduct or alleged incident of misconduct is immune from September 1, 2017 civil or criminal liability.

Adds Education Code Additionally, the governing body of a school, educational §21.0061; §21.009; §21.0581; §38.027 services center, or shared services arrangement must adopt a policy to provide immediate notice to the parent or Amends Education Code guardian of a student with whom an educator is alleged to §21.006; §21.044; §21.054; §21.058; §21.062; §21.355; have engaged in unlawful acts or romantic relationship with a §39.057 student. The notice must inform the parent or guardian of the alleged misconduct, the status of educator’s employment, Adds Government Code and whether a report concerning the alleged misconduct was §824.009 submitted to the SBEC.

Amends Penal Code [PENALTIES FOR FAILURE TO REPORT] §21.12 SB 7 requires the SBEC to determine whether and what sanctions to impose against a superintendent, director, Amends Code of Criminal Procedure or principal who fails to provide the timely and required §42.01 §42.018; §42.0192 notifications. Sanctions may range between $500 and $10,000. In addition, the SBEC is prohibited from renewing Bill Summary: the educator’s certification until administrative penalties SB7 amends the offense of improper relationship between imposed under this subsection are paid. an educator and a student to include any teacher, librarian, aide, administrator, diagnostician, or school counselor, SB 7 also creates a state jail felony offense if a superintendent, regardless of if the person holds a license or certificate. director, or principal knowingly fails to provide the required notifications in an effort to conceal an educator’s criminal [NOTIFICATION REQUIREMENTS] record or alleged incident of misconduct. This bill requires the principal of a public school campus to notify the superintendent or director within 7 business days [PRE-EMPLOYMENT AFFIDAVIT] if an educator’s termination of employment or resignation is This bill also requires a pre-employment affidavit for all following an alleged incident of unlawful act or a romantic educator applicants. All teacher, librarian, counselor, aide, relationship with a student or if the principal learns about an and administrator applicants must disclose whether the educator’s criminal record in a place other than a background applicant has ever been charged with, adjudicated for, or check. A superintendent or director must then notify the School convicted of having an inappropriate relationship with a Board of Educator Certification (SBEC) within 7 business days minor. An applicant will not be precluded from employment if by filing a written report in the form prescribed by the SBEC. the potential employer determines that the charges against

92 Texas Charter Schools Association ©2017 the applicant were false. An applicant’s failure to disclose [INVESTIGATIONS] the required information is grounds for termination of SB 7 amends the Education Code to clarify that during the employment. investigation for an alleged incident of misconduct, the commissioner is authorized to issue a subpoena to compel The SBEC is authorized to revoke an administrator’s the attendance of relevant witnesses and the production of certificate if it determines the administrator employed the any relevant evidence that is located within the state. applicant for a position despite being aware of applicant’s affirmative disclosures in the pre-employment affidavit. Additionally, SB 7 clarifies that documents evaluating teacher or administrator performance remain confidential and are [CERTIFICATE REVOCATION AND TERMINATION OF EMPLOYMENT] not subject to disclosure under the Public Information Act. SB7 amends the Education Code to address incidents requiring However, a school district or open-enrollment charter school certificate revocation and termination of employment. Within is authorized to give TEA such documents for purposes of the five (5) days of receiving notice of deferred adjudication agency’s investigation. community supervision for an inappropriate relationship with a student, the SBEC must revoke any certificates the person This bill authorizes the commissioner to conduct a special holds and must provide written notice of the revocation and accreditation investigation when, upon TEA’s request, a school basis for revocation to the educator, TEA, and any school fails to produce evidence or an investigation report relating to district or open-enrollment charter school employing the an educator who is under investigation by the SBEC. educator at the time of revocation. A school that receives such notice from the SBEC must immediately remove the [ELECTRONIC COMMUNICATION POLICY] person from the school campus or office, and in coordination SB 7 amends the Education Code to define electronic with the school board, suspend the person without pay, communications and requires public schools to provide the person with written notice of a void contract, and adopt electronic communication policies to address terminate the person’s employment. communication between school employees and students. The policy must prevent improper communications, allow If a school becomes aware that an employee has been school employees to elect to not disclose the employee’s convicted of or received deferred adjudication for a felony personal telephone number or email address to students, offense, but is not subject to a revocation of certificate, the and instruct a school employee about the proper method for school district or open-enrollment charter school is authorized notifying administrators when a student engages in improper to suspend the person without pay, provide the person with communications with the school employee. written notice of a void contract, and terminate the person’s employment provided it has its board’s approval. [INELIGIBILITY FOR RETIREMENT ANNUITY] SB 7 makes a person ineligible to receive a retirement The SBEC is authorized to suspend, impose sanctions against, annuity from the Teachers Retirement System (TRS) if the refuse or revoke certificates from a person who assists another person is convicted of sexual abuse of a young child or person in obtaining employment at a school district or open- children, improper relationship between educator and a enrollment charter school despite knowing the other person student, or sexual assault. A school at which the person was previously engaged in sexual misconduct with a minor or employed must provide a written notice of conviction to the student in violation of the law. The commissioner of education retirement system within 30 days of the person’s conviction is authorized to require a school district to revoke or decline to for a qualifying felony. issue a school district teaching permit to a person who assists another person in obtaining employment at a school district The retirement system must suspend payments of an or open-enrollment charter school despite knowing the other annuity to a person who is ineligible to receive a service person previously engaged in sexual misconduct with a minor retirement annuity. or student in violation of the law.

Texas Charter Schools Association ©2017 93 The governing body of an open-enrollment charter schools Impact on Charter Schools: must adopt a policy to meet these requirements. Charter schools must adopt policies to meet the requirements of this bill, including an electronic communications policy. Additionally, charter schools must update the hiring practices and procedures to incorporate the pre-employment affidavit requirement. Schools must also update termination practices and procedures to reflect the reporting requirements in this bill.

Senate Bill 589/ Senator Eduardo A. “Eddie” Lucio, Jr. Impact on Charter Schools: Brownsville Open-enrollment charter schools should be aware of this new certification requirement and the restrictions on Effective Date: representation without a license or certification. September 1, 2017

Adding Occupations Code: Chapter 506

Bill Summary: SB 589 creates a Behavior Analyst Chapter in the Occupations code. This new chapter defines licensed behavior analyst in the Occupations Code as a person who is a Board Certified Behavior Analyst or Board Certified Behavior Analyst- Doctoral or equivalent certification issued by the nationally accredited Behavior Analyst Certification Board or another entity that is accredited by the National Commission for Certifying Agencies or the American National Standards Institute. The requirements do not apply to a Licensed Psychologist, or a teacher or employee of a school who provides behavior analysis services. However, a school employee may not represent him or herself as a behavior analyst without being licensed or certified.

Senate Bill 1232 / Senator Joan Huffman Impact on Charter Schools: Houston Charter schools should be aware of these changes because a school may not hire someone or have a board member if the Effective Date: person has been convicted of a felony offense under Title 5 of September 1, 2017 the Penal Code.

Amending Penal Code: §21.07; §49.092

Bill Summary: SB 1232 modifies the definition of public lewdness and creates a new Title 5 offense of bestiality in the Penal Code.

[PUBLIC LEWDNESS] A person commits an offense if the person knowingly engages in public lewdness defined as certain sexual acts conducted in public. This bill removes from the list any act that is covered by the new offense of bestiality.

[BESTIALITY] Bestiality, as defined by §21.07(a) of the Penal Code, is a state jail felony, unless the act is committed in the presence of a minor or results in the animal’s serious bodily injury or death, in which case the offense is a second-degree felony. Conduct that is a generally accepted and otherwise lawful animal husbandry or veterinary practice is not an offense. The bill adds bestiality as a reportable conviction for purposes of the sex offender registration program. The bill also makes other changes to criminal offenses and consequences related to cruelty to animals.

House Bill 1081 / Representative Diana Arévalo Impact on Charter Schools: San Antonio Charter schools operating a new instructional facility or considering a new instructional facility may apply for the Effective Date: increased NIFA amount through December 2017. September 1, 2017

Amending Texas Education Codes: §42.158

Bill Summary: HB 1081 increases the New Instructional Facilities Allotment (NIFA) that schools are entitled to under the foundation school program (FSP) from $250 to $1,000 for each student in average daily attendance at a new instructional facility.

HB 1081 defines a “new instructional facility” as referred to in this section to mean a newly constructed instruction facility; a repurposed instructional facility; and a leased facility with a lease of 10 years or more and operating for the first time as an instructional facility.

Senate Bill 195 / Sylvia R. Garcia Impact on Charter Schools: Houston Charter schools may apply for an additional transportation allotment if they have children walking to school in areas Effective Date: subject to a high risk of violence. September 1, 2017

Amending Education Code: §42.155

Bill Summary: SB 195 allows a district or county to apply for an additional transportation allotment of up to 10% of its regular transportation allotment to be used for the transportation of children living within two miles of the school they attend who would be subject to a high risk of violence if they walked to school. An area presents a high risk of violence if law enforcement records indicate a high incidence of violent crimes in the area.

Each governing body of a school requesting funds for an area that presents a high risk of violence must provide the commissioner with an explanation of the areas presenting a high risk of violence and identify the specific high-risk areas for which the allocation is requested. Additionally, the board of trustees must provide the commissioner with consolidated law enforcement records that document violent crimes identified by reporting agencies within the relevant jurisdiction.

A school may use all or part of any of the additional transportation allotment to support community walking programs if the supported program submits a financial report to the district or county each semester that covers services provided by the program for the benefit of the school.

The commissioner must adopt rules governing the transportation allotment as necessary to permit a school to receive funds that may be used to support innovative school safety projects.

Senate Bill 810 / Senator Lois Kolkhorst Impact on Charter Schools: Brenham Charter schools should be aware of the changes to the definition of instructional materials. Additionally, charter Effective Date: schools should be aware that the instructional materials June 9, 2017 allotment now includes technology and may be used to purchase open education resource materials. Amending Education Code: §31.001; §31.002; §31.004; §31.005; §31.021; §31.211; §31.0212; §31.0212; §31.0213; §31.0214; §31.0215; §31.0215; §31.022; §31.0231; §31.0241; §31.0242; §31.026; §31.0261; §31.027; §31.029; §31.031; §31.071; §31.072; §31.073; §31.074; §31.075; §31.076; §31.077; §31.083; §31.084; §31.101; §31.103; §31.014; §31.151; §32.001; §41.124; §43.001; §51.451; §51.452; §51.453; §51.454

Bill Summary: SB 810 is also summarized under the Curriculum & Instruction section as it relates to the use of open-source instructional materials and in the Texas Education Agency section as it relates to the TEA website and SBOE long-range plan requirements.

[INSTRUCTIONAL MATERIALS & TECHNOLOGY ALLOTMENT] The bill also changes all references in Chapter 31 from instructional materials allotment, fund, and account to “instructional materials and technology.”

SB 810 allows for the use of the instruction materials and technology allotment to be used to pay the expenses associated with the purchase or licensing of open education resource instructional material and pay the expenses associated with the instructional materials web portal. The bill also removes funding for the technology lending grant program.

Senate Bill 1480 / Representative Bryan Hughes a charter school defaults on payment of maturing or matured Mineola principal or interest on a guaranteed bond that results in a negative impact on PSF-backed bonds. The SBOE may then Effective Date: make adjustments to the increase for subsequent years until September 1, 2017 the total capacity is available on September 1, 2021.

Amending Education Code: SB 1480 provides that information obtained from a nationally §45.0532; §45.056; §45.0571 recognized investment rating firm relating to a hypothetical or actual scenario concerning the credit rating of the PSF Adding Education Code: or the PSF Bond Guarantee Program, or communication or §45.0533; §45.0561 information from TEA relating to that information is confidential and not subject to disclosure under the Public Information Act. Bill Summary: SB 1480 increases access to the Permanent School Fund SB 1480 also provides that the commissioner of education Bond Guarantee Program (PSF Bond Guarantee) by giving may consider any additional reasonable factor that the qualified open-enrollment charter school applicants access to commissioner determines is necessary to protect the PSF the total capacity of the PSF (current law provides access to Bond Guarantee or minimize risk to the PSF in determining only available capacity) equal to the number of charter school whether to approve a charter applicant for the guarantee students as a percentage of the total public school population program, including: (currently approximately 4.6%). Access to the total capacity, as 1. Average daily attendance of 75% of its student capacity for opposed to available capacity, results in an increase in access the past 3 school years, or for each year the charter has to the PSF Bond Guarantee Program from approximately $1.3 been in operation; billion to roughly $4.3 billion. 2. Financial and Academic Accountability Performance Ratings; 3. Any other indicator of performance that could affect the Access to the total charter capacity of the PSF as described charter school’s financial performance. above will be available September 1, 2021. Beginning September 1, 2017, qualified applicants will have access to SB 1480 also authorizes the commissioner to require an 20% of the difference between the total charter capacity and applicant upon approval to provide a security interest in real the capacity in effect on January 1, 2017, and each fiscal property pledged as collateral for the bond and the repayment year thereafter, access will increase an additional 20% of the obligation under the proposed guarantee. difference between the total charter capacity and the capacity in effect on January 1, 2017, until access to the total charter SB 1480 requires a charter school participant in the PSF Bond capacity of the PSF is reached in 2021. Guarantee Program to remit 20% of the savings to the charter district that is a result of the lower interest rate on the bond For any year, the State Board of Education (SBOE) may due to the guarantee of the PSF, and that payment is due upon increase the charter capacity by less than the 20% increase, receipt of the bond proceeds rather than amortized and paid or may decline to increase the charter capacity by any amount over the duration of the bond. if the SBOE determines the increase in capacity would negatively impact the bond ratings of the PSF-backed bonds or SB 1480 provides that the charter school district bond

Texas Charter Schools Association ©2017 101 guarantee reserve fund is managed by the SBOE in the same Impact on Charter Schools: manner that the PSF is managed by the SBOE, notwithstanding Beginning September 1, 2017, qualifying charter school Chapter 404, Government Code. applicants will have increased access to the PSF Bond Guarantee Program, providing savings to schools on facilities costs. By September 1, 2021, SB 1480 will provide an estimated additional $3 billion in capacity to the Permanent School Fund (PSF) Bond Guarantee Program for high quality public charter school seats for Texas students and millions of dollars in savings for public charter schools.

Senate Bill 2084 / Senator Larry Taylor Impact on Charter Schools: Friendswood Charter schools offering blended learning opportunities may receive average daily attendance calculating for time Effective Date: students attend a blended learning program. Charter schools 2017-2018 School Year should be aware of this change.

Amending Education Code: §42.005

Bill Summary: SB 2084 requires the commissioner of education to adopt rules to calculate the average daily attendance for students in blended learning programs where classroom instruction is supplemented with applied workforce learning opportunities, including internships, externships, and apprenticeships.

House Bill 7 / Representative Gene Wu Impact on Charter Schools: Houston Open-enrollment charter schools participating in an optional flexible school day program should update policies to Effective Date: include the new definitions of student at risk and students September 1, 2017 in foster care. All open-enrollment charter schools must update policies related to servicing children in foster care to Amending Education Code: reflect the new definition of foster care. Additionally, open- §29.081 enrollment charter schools should create procedures to meet with a child’s guardian ad litem when necessary. Amending Family Code: §107.002; §101.0133

Bill Summary: HB 7 amends the definition of a student at risk of dropping out of school by adding students under the age of 26 years old who during the previous school year or current school year resided in a cottage home operation, specialized child-care home, or general residential operation. This bill also expands the definition of foster care to include children under the conservatorship of the department that are living in a residential treatment facility, including a cottage home operation, specialized child-care home, or general residential operation.

HB 7 also requires that the guardian ad litem for a child meet with each person who has significant knowledge of the child’s history, including educators, within a reasonable amount of time.

House Bill 53 / Representative Ramon Romero, Jr. Impact on Charter Schools: Fort Worth Open-enrollment charter schools must comply with the statutory settlement amount limitations for claims or actions Effective Date: against that accrue on or after September 1, 2017. September 1, 2017

Amending Civil Practice and Remedies Code: New Chapter 116

Bill Summary: HB 53 prohibits an open-enrollment charter school (as a governmental unit as defined by Section 101.001 of the Civil Practice and Remedies Code) from entering into a settlement agreement for a claim or action against the open-enrollment charter school in an amount equal to or greater than $30,000 if the money that would be used to pay the settlement is (1) received from the state or (2) insurance proceeds from an insurance policy for which the premium was paid with money received from the state.

The limitation applies only to claim or action that is based on a cause of action that accrues on or after September 1, 2017.

House Bill 639 / Representative Charles “Doc” Anderson Impact on Charter Schools: Waco Open-enrollment charter schools may use state funds to obtain accident, liability or auto insurance coverage for Effective Date: students participating in CTE programs and entities that May 26, 2017 participate in school CTE programs.

Amending Education Code: §29.191; §29.192

Bill Summary: HB 639 authorizes the board of trustees of a school district or the governing body of an open-enrollment charter school to obtain accident, liability or auto insurance coverage to protect (1) a business or entity that participates with the school to provide a career and technology (CTE) program; and (2) students who participate in a CTE program.

Such coverage must be obtained from a reliable state authorized insurer or through a district’s self-funded risk pool. The amount of coverage must be reasonably necessary in the opinion of the board of trustees or governing body of the open- enrollment charter school.

The district or open-enrollment charter school must notify the parent or guardian of each student participating in the CTE program if the school obtains accident, liablity or auto insurance coverage as described above. The district may not directly or indirectly charge a student or a student’s family for the cost of providing such insurance.

The failure of a district or open-enrollment charter school to obtain such coverage or to obtain a specific amount of coverage may not be construed as placing any legal liability on the district or charter, or the district or charter officers, employees or agents.

House Bill 804 / Representative Tony Dale Impact on Charter Schools: Cedar Park Charter schools that lease property should be aware of this change to the Tax Code, and the ability to request notice of Effective Date: appraised value from the property owner or the chief appraiser September 1, 2017 where the property is located.

Amending Tax Code: §41.413

Bill Summary: HB 804 requires a property owner, who is leasing property and requires that the person leasing property to reimburse the property owner for taxes imposed on the property, to send the person leasing property a copy of any notice of appraised value of the property received by the property owner. The property owner must send the notice no later than 10 days after the property owner receives the appraisal notice. The property owner is exempt from this rule if both parties agreed in the contract to either waive the notice requirement or the person leasing the property will not protest the appraised value of the property.

HB 804 also allows the person leasing the property to request that the chief appraiser send the appraisal notice directly to the person leasing. The chief appraiser must send the notice to the person leasing the property within five days of the date the notice is sent to the property owner if the person leasing the property demonstrates that the he or she is contractually obligated to reimburse the property owner for the taxes imposed on the property. But the chief appraiser is exempted from the duty to send the notice to the person leasing the property if the appraisal district in which the property is located posts the appraised value of the property on the district’s Internet website no later than the fifth day after the date the notice is sent to the property owner.

The person leasing property may designate another person to act as an agent of the person leasing the property.

House Bill 897 / Representative Trent Ashby Impact on Charter Schools: Lufkin Open-enrollment charter schools should be aware that they are now included as a public agency for purposes Chapter 152 Effective Date: of the Tax Code, which allows motor vehicles with an exempt September 1, 2017 license plate to be exempt from taxes imposed on the sale or use of the motor vehicle. In addition, charter schools should Amending Tax Code: be aware that any vehicles owned by and used exclusively in §152.001; §152.007 the service of the charter school will be exempt from vehicle registration fees beginning September 1, 2017. Amending Transportation Code: §502.453

Bill Summary: HB 897 amends the tax code to include open-enrollment charter schools as a public agency. In addition, HB 897 amends the definition of a “motor vehicle used for religious purposes” to include a trailer, and adds the requirement that a motor vehicle used for religious purposes must be used primarily by a church or religious society.

HB 897 also amends the Transportation Code to allow open- enrollment charter schools to annually apply for registration as a vehicle exempt by law from payment of registration fees under §502.451 of the Transportation Code for any vehicles owned by and used exclusively in the service of an open- enrollment charter school.

House Bill 1463 / Representative John T. Smithee Impact on Charter Schools: Amarillo Charter school superintendents should be aware of these new requirements in order to appropriately respond to Effective Date: written notices. September 1, 2017

Amending Human Resource Code: §121.004

Bill Summary: HB 1463 requires an individual filing an action against an organization alleging failure to comply with design, construction, or similar standards, including internet website accessibility, to give the organization written notice 60 days prior to filing the action. The notice must include the name of the individual, reasonable detail of the violation, and date, place, and manner of the violation. The required notice may not demand settlement, sum of damages or offer to settle without a determination of whether the condition was excused or could be remedied.

The organization may correct the violation before the earliest date on which the claimant may file the action. The organization must provide the individual with notice of the correction, if a correction is made. If it is determined there is no violation, and a correction is not necessary, the organization must provide a written explanation of that conclusion.

House Bill 2369 / Representative Alfonso “Poncho” Nevárez Impact on Charter Schools: Eagle Pass While HB 2369 does not directly apply to open-enrollment charter schools, school leaders should be aware of Effective Date: this prohibition regarding student-based charges by September 1, 2017 municipalities to support an argument that open-enrollment charter schools, as public schools, should not be subjected Amending Water Code: to such charges by municipalities. §13.0441: §13.044

Adding Water Code: §13.088

Bill Summary: HB 2369 prohibits a municipal-owned utility from charging a public school district a fee based on the number of district students or employees in addition to the rates the utility charges the district for the service.

House Bill 2442 / Representative Ken King the charter school receives an academic accountability Canadian performance rating of a C or higher and the campus or site expansion is approved by the commissioner. Effective Date: 2018-2019 School Year HB 2442 gives the commissioner authority to grant a waiver for the implementation or requirements for calculating Amending Education Code: average daily attendance through the end of the 2018-2019 §25.081; §25.082; §28.0822; §29.087; §29.162; school year. §30A.104; §37.008; §42.005 Impact on Charter Schools: Bill Summary: Open-enrollment charter schools that operate innovative HB 2442 requires each public school provide at least 75,600 programs for students can continue operating and maintain minutes of operation, instead of the previous requirement full funding as calculated prior to HB 2610 from the 84th of 75,600 minutes of instruction. A school program that Legislative Session. is (1) a dropout recovery program; (2) an alternative education program; (3) at a day treatment facility, residential treatment facility, psychiatric hospital, or medical hospital; (4) at a correctional facility; or (5) providing adult high school diplomas or industry certification under §29.259 must provide at least 43,200 minutes (4 hours per day) of instructional time to students to be eligible to receive funding for a full-day average daily attendance. In addition, public schools that operate a prekindergarten program must provide at least 32,400 minutes (3 hours per day) of instructional time to students to be eligible to receive funding for a half-day average daily attendance.

HB 2442 provides the commissioner the authority to create rules defining operational and instructional time. Additionally, the commissioner may adopt rules to calculate average daily attendance for students attending blended learning programs, including participation in internships, externships, and apprenticeships.

HB 2442 also provides that a charter school that operated before January 1, 2015 is eligible to earn full-day average daily attendance as average daily attendance was calculated prior to January 1, 2015. Additionally, a charter school operating prior to January 1, 2015 is eligible to expand its model if

Senate Bill 276 / Senator Kirk Watson Impact on Charter Schools: Austin Goodwill Industries of Central Texas is the only charter school impacted by this bill and may now increase enrollment. Effective Date: Additionally, policies and procedures must be updated to Beginning with the 2017-2018 School Year meet the new requirements.

Amending Education Code: §29.259

Bill Summary: SB 276 removes the 150 individual enrollment cap for a charter school approved under the adult high school diploma and industry certificate charter school pilot program. The bill also outlines what sections of the Education Code applies to the program, including special education, bilingual education, high school graduation requirements under that foundational school program to the extent applicable to the student, health and safety requirements, and requirement to report educator misconduct.

The commissioner is also required to create a performance framework for the pilot program.

Senate Bill 587 / Senator Donna Campbell Impact on Charter Schools: New Braunfels Students that meet the new qualifications as a dependent of a member of the U.S. Military may enroll full-time in the Effective Date: Virtual School Network. Beginning with the 2017-2018 School Year

Amending Education Code: §30A.002

Bill Summary: SB 587 permits a student to enroll full-time in courses provided through the state virtual school network if the student is a dependent of a member of the U.S. military who has been deployed or transferred to Texas and was enrolled in a public school outside of Texas in the preceding school year.

Senate Bill 693 / Senator Sylvia R. Garcia Impact on Charter Schools: Houston Charter schools must comply with these new requirements and ensure all 2018 models have 3-point seat belts, or that the Effective Date: board vote at an open meeting that the budget is insufficient. September 1, 2017

Amending Transportation Code: §547.701

Repealing Transportation Code: §547.701

Bill Summary: SB 693 amends the Transportation Code to require a 3-point seat belts in all buses beginning with 2018 models. The new requirement applies to multifunction school activity buses and school chartered buses. A school is not required to have 3-point seatbelts, if the school’s governing board concludes the school’s budget is insufficient to purchase buses equipped with 3-point seat belts and the board further votes to approve that determination in a public meeting.

SB 693 repeals §547.701(f), removing the exemption to comply with the 3-point seatbelt requirement for districts if the legislature has not appropriated money to reimburse.

Senate Bill 725 / Senator Borris L Miles Impact on Charter Schools: Houston Open-enrollment charter schools that wish to participate in a food donation program should develop policies for the Effective Date: implementation of the program. June 9, 2017

Amending Education Code: §11.252

Bill Summary: SB 725 allows school districts and charter schools to donate food to a nonprofit organization through an official of the nonprofit that is affiliated with the school, such as a teacher, parent of a student, or administrator. The donated food, including surplus breakfast, lunch, and dinner meals, may be stored on the campus and distributed on campus at any time. A school may adopt a policy that the food is provided to a student free of charge if the student is unable to purchase a meal or snack.

Senate Bill 922 / Senator Dawn Buckingham Impact on Charter Schools: Lakeway Open-enrollment charter schools should update practices and procedures to reflect the availability of additional Medicaid Effective Date: reimbursement. September 1, 2017

Amending Government Code: §531.02171

Bill Summary: SB 922 expands Medicaid reimbursement to school districts and open-enrollment charter schools for telehealth services provided through the schools. The school must be an authorized health provider under Medicaid and receive consent from the parent or guardian before the services are provided.

Senate Bill 1177 / Senator Bryan Hughes Impact on Charter Schools: Mineola SB 1177 ensures that TEA may authorize charter schools to serve students in juvenile facilities, providing more opportunities for Effective Date: charter schools to serve these types of students. September 1, 2017

Amending Human Resources Code: §221.0071

Bill Summary: SB 1177 authorizes the commissioner to grant a charter to an organization contracting with a detention, correctional, or residential facility to provide educational services. The bill also clarifies that a charter school authorized by the commissioner to serve students in juvenile facilities are entitled to the same funding as open-enrollment charter schools.

Senate Bill 1882 / Senator José Menéndez Otherwise, the commissioner will continue to evaluate and San Antonio assign overall and domain performance ratings to a district campus subject to a contract between a district campus and Effective Date: an open-enrollment charter school. June 15, 2017 [EMPLOYEES] Adding Education Code: SB 1882 also requires a school district to consult with §11.174; §42.2511 campus personnel regarding the provisions of the contract between the school district and the open-enrollment charter Bill Summary: school or entity before entering such a contract. All rights and SB 1882 allows a school district campus to qualify for an protections in employment contracts or agreements cannot be exemption from intervention and qualify for additional funding affected by the contract between the school district and the if the board of trustees of the district contracts to partner with open-enrollment charter school or entity. the governing body of an open-enrollment charter school to operate a district campus or, on approval by the commissioner, An employee of an entity granted a district-authorized charter an entity granted a charter by the district that is eligible to be that enters a contract with an open-enrollment charter school awarded a charter. Before the operation of a district campus is eligible for membership in and benefits from the Teacher under the partnership, the district campus must be granted a Retirement System of Texas (TRS) if the employee would be charter under Chapter 12 of the Education Code. eligible for membership and benefits if holding the same position at the district. [ACCOUNTABILITY] A school district campus that partners with a charter school [CONTRACT] to operate the campus is eligible for an exemption from The contract between the board of trustees of a school district interventions and sanctions if the district campus received an and the governing body of an open-enrollment charter school overall performance rating of unacceptable the previous year. for the operation of a district campus must: The commissioner may not sanction the district campus for 1. include a provision addressing student eligibility for enrollment; the first two years of operation by the charter. Additionally, 2. provide that any student residing in the attendance zone of the overall performance rating received by the campus during the district campus as the attendance zone existed before those first two years is not included in calculating consecutive operation of the district campus under the contract must be school years and is not considered a break in consecutive admitted for enrollment; school years. 3. establish enrollment preference for students who do not reside in the attendance zone as other students residing A campus that has received an exemption from a sanction in the school district in which the campus is located and or other action after the two-year period may receive students who reside outside the school district. another exemption while operating under a subsequent contract if the campus receives approval for the exemption A district proposing to enter a contract with an open-enrollment from the commissioner. charter school must notify the commissioner of the district’s intent to enter the contract. The commissioner must notify the district whether the proposed contract is approved no later

Texas Charter Schools Association ©2017 119 than the 60th day after the date the commissioner receives notice of the proposed contract and all information required by the commissioner to be submitted. If there is not notification of approval or denial by the commissioner within the required time, the proposed contract is considered approved.

The commissioner may not impose additional requirements other than those expressly provided on an open-enrollment charter school to be eligible for a contract with a district campus. But the commissioner may adopt rules as necessary to administer this bill, including requirements for an entity and the contract with the entity and the standards required for an entity to receive approval.

[FUNDING] SB 1882 allows the school district to receive for each student in average daily attendance at the campus an amount equivalent to the difference, if the difference results in increased funding, between the amount described by §12.106 of the Education Code and the amount to which the district would be entitled to under Chapter 42 of the Education Code. The commissioner may adopt rules as necessary to administer this funding.

Impact on Charter Schools: SB 1882 provides another opportunity for school districts and charter schools to collaborate and create partnerships.

House Bill 657 / Representative Diego Bernal Impact on Charter Schools: Austin Charter schools must incorporate these requirements with regard to student ARD committees and update promotion Effective Date: and retention policies to reflect these requirements. May 29, 2017

Amending Education Code: §28.0211

Bill Summary: HB 657 amends the Education Code to require an admission, review, and dismissal (ARD) committee for a student participating in a special education program to meet before a student is administered an assessment for the second time under §39.023(a) or (b). The ARD committee must determine whether a student will be promoted or retained. HB 657 amends the Education Code to allow a student to be promoted if the student has made sufficient progress in the measurable academic goals described in a student’s individual education program (IEP). The school is not required to re-administer the assessment if the committee promotes the student.

A school must notify a parent no later than September 1 of each year of the options available to the ARD committee if a student does not perform satisfactorily on an assessment.

House Bill 1556 / Representative Mary González Impact on Charter Schools: El Paso Open-enrollment charter schools must update the policies and procedures as it relates to students with disabilities in Effective Date: foster care to reflect these changes. September 1, 2017

Amending Education Code: §107.031; §263.0025

Adding Education Code: §29.0151

Bill Summary: HB 1556 allows a foster parent, court appointed advocate, a child’s guardian ad litem, or an individual appointed by the school to be the surrogate parent for a student with a disability. A foster parent must complete a training program within 90 days from when foster parent began acting as the decision maker.

The Department of Family and Protective Services must inform the school within 5 days of the student’s enrollment as to whether the foster parent is unwilling or unable to be the decision maker.

This bill requires a school to appoint a surrogate parent if the child’s parent cannot be located, or the foster parent is unable to be the surrogate parent. The school may not choose an employee of the state, the district, or any other agency involved in the care or education of the child, or has a conflict of interest with the interest of the child. The school may appoint a person who has been appointed to serve as the child’s guardian ad litem or as a court-certified volunteer advocate.

House Bill 1886 / Representative Rick Miller the ARD committee if invited by the student or the school, or Sugarland pursuant to a supported decision-making agreement.

Effective Date: When planning for a student’s transition, HB 1886 amends September 1, 2017 the code to require the ARD committee to consider appropriate postsecondary options, including preparation Amending Education Code: for postsecondary courses, appropriate employment §8.061; §29.011; §29.0112; §29.017; §38.003 goals, and age appropriate instructional environments including community settings that prepare the student for Adding Education Code: postsecondary education, training, integrated employment, §38.0032 or appropriate independent living. The committee must also consider appropriate circumstances for facilitating a referral Bill Summary: to a governmental agency for public benefits. HB 1886 adds [DYSLEXIA] the requirement that the committee consider the availability HB 1886 requires each regional educational service center and use of appropriate supplementary aids, services, to employ a dyslexia specialist who is licensed as a dyslexia curricula, and other opportunities to assist the student with therapist. The dyslexia specialist will provide support and decision-making skills; and supports and services to foster resources as necessary to assist students with dyslexia and the student’s independence. The transition plan must be their families. reviewed annually.

Additionally, HB 1886 requires that a school screen or test for HB 1886 requires TEA to post on its website, a list of services dyslexia, as appropriate in accordance with the state program and public benefits that schools may refer students with timelines. The program must include a screening at the end of disabilities and their families. The commissioner must also each school year for all kindergarten and first grade students. review the training guidelines for each district’s transition and employment services designee every four years. Annually, Texas Education Agency (TEA) will be required develop a list of training opportunities regarding dyslexia, with [TRANSITION EMPLOYMENT GUIDE] at least one opportunity available online. The training must HB 1886 updates the requirements of the Transition enable an educator to understand and recognize dyslexia, Employment Guide created by TEA to also include options to and be able to implement instruction to meet the needs of a place a student on a waiting list for government benefits, and student with dyslexia. supported decision-making.

[TRANSITION PLANNING FOR STUDENTS WITH DISABILITIES] Schools must provide written information and if necessary HB 1886 also requires, when appropriate for students assistance to a student, in addition to the parent, on how to younger than 18 that an admission, review , and dismissal access the Transition Employment Guide, at the first meeting (ARD) committee, address a student’s transition to life transition is discussed, when the guide is updated. Additionally, outside the public school system by including the student’s the school must provide a printed copy of the guide. parents and other persons invited by the parents or school. If the student is at least 18, the parent may participate in

Texas Charter Schools Association ©2017 125 [TRANSFER OF RIGHTS] Impact on Charter Schools: HB 1886 amends the Code to require schools to provide written Charter schools must incorporate these requirements with notice regarding transfer of rights to the student and parent regard to student ARD committee meetings and transition one year prior to the student’s 18th birthday. The must also planning. Charter schools must also update their policies and provide information and resources regarding guardianship, practices to reflect the new dyslexia screening requirements. alternatives to guardianship, including a supported decision- making agreement, and other supports to enable the student to live independently. The school must also provide such information upon request by the student or parent. The student’s individual education program (IEP) must indicate the information was provided to the parent and student.

The commissioner must post model forms for schools to use to notify parents and students regarding transfer of rights. The commissioner must also post resources regarding guardianship on the agency’s website.

House Bill 3632 / Representative Joseph "Joe" Moody Impact on Charter Schools: El Paso Open-enrollment charter schools must ensure any notices of procedurals safeguards include the information required by Effective Date: HB 3632. June 15, 2017

Adding Education Code: §29.0163

Bill Summary: HB 3632 requires that the notice of procedural safeguards inform parents of a student with a disability that the statute of limitations may be tolled if the parent is an active-duty service member of the armed forces.

Senate Bill 160 / Senator José Rodríguez Impact on Charter Schools: El Paso Charter schools will no longer be evaluated under the 8.5 percent PBMAS special education indicator. However, TEA will Effective Date: continue to collect and examine data on children receiving June 15, 2017 special education in compliance with federal requirements.

Adds Education Code: §29.0011

Bill Summary: SB 160 prohibits the Texas Education Agency (TEA) from adopting a performance indicator in any monitoring system that would solely measure the aggregate number or percentage of students receiving special education services in a school district or open-enrollment charter school.

SB 160 preserves TEA’s ability to comply with federal requirements and to collect and examine data for purposes of determining whether disproportionality based on race or ethnicity is occurring in a school district, charter school or the state.

Senate Bill 748 / Senator Judith Zaffarini A transition plan must be reviewed annually. Laredo [TRANSITION GUIDE] Effective Date: SB 748 requires the transition and employment guide to June 9, 2017 include information on the option to place a student on a waiting list for public benefits and supported decision-making Amending Education Code: agreements. §29.011; §29.0112; §29.017 The school must provide information on how to access the Bill Summary: transition and employment guide at the first meeting at which [TRANSITION PLANNING] transition is discussed, and provide a printed copy at the SB 748 requires the admission, review, and dismissal (ARD) request of the student or parent. committee to consider during transition planning, for students under 18, appropriate involvement from the student’s parent [TRANSFER OF RIGHTS] and others invited by the parent or school. If the student is Not later than one (1) year before the student’s 18th birthday, at least 18, the ARD committee must consider involvement in the school must provide the student and the student’s parents the student’s transition and further by the student’s parents or with a written notice of the transfer of rights; and information others invited by the student or school, or has the student’s and resources regarding guardianship, alternatives to permission to participate pursuant to a supported decision- guardianship, including supported decision-making, and other making agreement. supports and services that may enable the student to live independently. The student’s individual education program The ARD committee is also required to consider appropriate (IEP) must include a statement indicating that the school preparation or postsecondary level coursework, vocational provided the notice. evaluation, and employment goals. If the student is at least 18, SB 748 also requires the ARD to consider age-appropriate If a student or student’s parent requests information about instructional settings, including community settings or guardianship or alternatives to guardianship, SB 748 requires environments that prepare the student for postsecondary the school to provide information and resources on supported training, employment, or independent living. decision-making.

SB 748 amends the Education Code to require the ARD The commissioner is required to develop and post resources committee to consider when it is appropriate to facilitate a on the agency’s website for use by schools. referral to an agency for services or benefits, including being placed on a waiting list for public benefits. The commissioner Impact on Charter Schools: must post on the agency’s website, resources for public Open-enrollment charter schools must update special benefits. Additionally, the committee must consider the education transition policies and procedures to meet the availability of appropriate supplementary aids and services requirements of this bill. to develop decision-making skills; and to foster independence and self-determination, including supported decision-making agreements.

Senate Bill 1220 / Senator Borris L. Miles Impact on Charter Schools: Houston Open-enrollment charter schools are already required to provide a comparable special education services for a Effective Date: student that transfer to a charter school until the admission, June 1, 2017 review, and dismissal (ARD) committee adopts the individual education plan or creates a new one. SB 1220 now gives Amending Education Code: the commissioner authority to require a charter to accept §25.007 a referral. Charter schools need up update the policies and procedures at they relate to special education referrals. Adding Family Code: §264.1211

Bill Summary: SB 1220 is also summarized in the Texas Education Agency (TEA) as it relates to TEA’s requirement to assist in the transition of students who are homeless or in foster care that are transferring schools.

[SPECIAL EDUCATION REFERRAL] SB 1220 gives the commissioner of education the authority to require school districts, campuses, and open-enrollment charter schools to accept a referral for special education services and provide comparable services to the student during the referral process or until the new school develops an individualized education program (IEP) for the student.

Senate Bill 1398 / Senator Eduardo A. “Eddie” Lucio, Jr. primary administrative office of the district or school who Brownsville will have the responsibility of coordinating the provision of equipment to schools and campuses. A principal or board of Effective Date: trustees or governing body must submit a request directly to June 12, 2017 the administrator who oversees the provision of equipment. The administrator must provide a copy of the board’s request Amending Education Code: to the principal or the principal’s designee of the school or §29.022 campus addressed in the request.

Bill Summary: [OPERATION REQUIREMENTS] Upon written request, SB 1398 requires a school district If a parent or staff member requests the equipment, the school or open-enrollment charter school to provide equipment, or campus must place the equipment only in classrooms or including a video camera, to the school or schools in the district settings in which the parent’s child is assigned or to which the or each charter school campus in which a student receiving staff member is assigned. If a board of trustees, governing special education services in a self-contained classroom or body, principal, or assistant principal requests the equipment, other special education setting is enrolled. The school must then the school or campus must place the equipment only in place the equipment in only the classroom(s) specified in classrooms or settings identified by the requestor. the request. Videos may only be placed where a student is assigned to one or more self-contained classrooms, or other SB 1398 requires that all video cameras in a classroom or special education settings where students spend at least 50 setting must cover and record all areas of the classroom or percent of their instructional day. special education setting, including an attached time-out room.

[SUBMISSION OF A WRITTEN REQUEST] But SB 1398 prohibits the visual monitoring of the inside Those that may make a written request for the equipment of a bathroom or any area in which a student’s clothes are are (1) a parent of a child who receives special education changed, unless it is incidental coverage of a minor portion of services the specified classroom; (2) a board of trustees or a bathroom or changing area. governing body; (3) the principal or assistant principal of a school or campus that has one or more children receiving The video camera is not required to be in operation for the special education services in a specified; and (4) a staff time during which students are not present in the classroom or member who works with children receiving special education other special education setting. services in a specified classroom. SB 1398 requires a school or campus that places a video The bill requires a parent, staff member, or assistant camera in a classroom or other special education setting to principal to submit a written request to either the principal or operate the video camera for the remainder of the school year, the principal’s designee at the school or campus addressed unless the person who requested the equipment withdraws the in the request, and the principal or designee must provide a request in writing. copy of the request to the administrator who oversees the provision of equipment. Each district or open-enrollment If, for any reason, the school or campus discontinues the charter school must designate an administrator at the video camera’s operation, then at least 5 days before the

Texas Charter Schools Association ©2017 131 discontinued operation of the camera, the school or campus violation of this bill; must notify the parents of each student in regular attendance 2. require that the district or school provide a response to a in the classroom or setting that the operation of the video request for equipment no later than the 7th business day camera will not continue unless there is an additional written after receipt of the request that either authorizes the request request by an eligible person. or provides a reason for denying the request; 3. require that a school or a campus begin operating the video At least ten school days before the end of the school year, camera no later than the 45th school business day after the the school must notify the parents of each student in regular request is authorized, unless the agency grants an extension attendance in the classroom or setting that the operation of of time; the video camera will not continue the following school year 4. permit the parent of a student whose ARD committee has unless there is another written request by an eligible person. determined that the student’s placement for the following year will be in a setting in which a video camera may be SB 1398 also requires the school to provide written notice of placed to make a request by the later of either the date the placement of a video camera to all school or campus staff on which the current school year ends or the 10th school and to the parents of each student attending class or engaging business day after the date of the placement determination in school activities in the classroom or setting. by the ARD committee; and 5. require that, if a request is made by a parent, the school or [HANDLING OF RECORDINGS] campus begin operation of a video camera no later than the SB 1398 requires schools to retain recordings from a video later of either the 10th school day of the fall semester or the camera for at least three months. A video recording of a 45th school business day after the request is made, unless student made according to these provisions is confidential the agency grants an extension of time. and the recording may not be released or viewed except by those specifically provided by SB 1398. A school district or [TEXAS EDUCATION AGENCY] open-enrollment charter school must release a recording for A school district, parent, staff member, or administrator may viewing by an employee who is involved in an alleged incident, request that the Texas Education Agency (TEA) perform an a parent whose child was involved in an alleged incident, expedited review of the district’s denial of a request, request appropriate Department of Family and Protective Services for an extension of time to begin operating a video camera, or (DFPS) personnel as part of an investigation of abuse, neglect, determination not to release a video recording. or exploitation in schools, or to a peace officer, a school nurse, or a human resources staff member designated by the If there is a request for an expedited review, the TEA must governing body of the school in response to a complaint or an notify all interested parties of the request and issue a investigation of district or school personnel or a complaint of preliminary judgement stating whether the district is likely abuse committed by a student. to prevail on the issue under a full review by the agency. If the district is not the requestor, the TEA must notify the If a contractor or employee who is performing job duties relating requestor and the district of the agency’s determination. If to installation, operation, or maintenance of video equipment the TEA determines that the district is not likely to prevail, or the retention of video recordings incidentally views a video the district must fully comply with the requirements under SB recording, that viewing is not in violation of SB 1398. 1398, even if they are planning to appeal.

[SCHOOL POLICY] The commissioner must adopt rules for the expedited review SB 1398 requires that the school district or open-enrollment process, including standards for deciding whether the district charter school’s policy relating to the placement, operation, or will prevail on the issue. In addition, SB 1398 authorizes the maintenance of video cameras must commissioner to adopt rules relating to an expedited review 1. include information on how a person may appeal an action process for an open-enrollment charter school. by the district or school that the person believes to be in

132 Texas Charter Schools Association ©2017 The TEA must collect data relating to requests for equipment and actions taken by a school district or open-enrollment charter school in response to a request.

Impact on Charter Schools: Upon written request by a parent, staff member, board of trustees, governing body, principal, assistant principal, or staff member, charter schools must provide equipment, including a video camera, according to the guidelines in SB 1398. In addition, charter schools must implement the changes made by SB 1398 for the 2017-2018 school by designating an administrator to coordinate the provision of equipment and establishing a school policy relating to the placement, operation, or maintenance of video cameras.

Senate Bill 2141 / Senator Larry Taylor Impact on Charter Schools: Friendswood Charter schools should be aware of the new requirements for non-attorney representation in a due process hearing. Effective Date: June 12, 2017

Amending Education Code: §29.0162

Bill Summary: Beginning with the 2017-2018 school year, SB 2141 requires a non-attorney, who receives payment for representation in a due process hearing, to abide by a voluntary code of ethics and professional conduct.

The representative must enter into a written agreement and the written agreement must provide a process to resolve disputes between the non-attorney and the person represented. The written agreement is confidential, and may not be disclosed.

House Bill 1521 / Representative James White Impact on Charter Schools: Hillister Open-enrollment charter schools contracting with a state or local juvenile justice agency must be aware of these Effective Date: changes and update their records request practices and June 15, 2017 procedures accordingly.

Adding Family Code: §58.0052

Bill Summary: HB 1521 provides that at the request of a state or local juvenile justice agency, the Department of Family and Protective Services (DFPS) (or a single source continuum contractor who contracts with DPFS to provide foster care services) must provide the juvenile justice agency with information in the possession of DFPS or the contractor that is necessary to improve and maintain community safety or that assists the juvenile justice agency with the continuation of services to multi-system youth who are or have been (i) under the managing conservatorship of DFPS, (ii) the subject of family- based safety services, (iii) reported as an alleged victim of abuse or neglect, or (iv) is a perpetrator of abuse or neglect.

At the request of DFPS, a state or local juvenile justice agency must provide DFPS with information in the possession of the agency that is necessary to improve services or community safety.

House Bill 1569 / Representative Trent Ashby Impact on Charter Schools: Lufkin Open-enrollment charter schools providing educational services to students residing at RTCs should incorporate Effective Date: these record requests into practice and update applicable June 15, 2017 school policies to ensure record requests for students transferring into the charter school include these records. Amending Education Code: §29.012

Bill Summary: HB 1569 requires a residential treatment center (RTC) to provide student records for a student placed in the RTC to the school district or open-enrollment charter school providing educational services to the student. The records must include school records related to special education eligibility, behavior intervention plans, school related disciplinary actions, and other documents related to the student’s educational needs.

This bill also requires the RTC to share records related to the student’s behavioral history, so long as it is not confidential. The RTC must also share convictions, probation, community supervision, or parole status as received from law enforcement, only if the information is needed to provide educational services.

House Bill 2087 / Representative Gary Van Deaver Impact on Charter Schools: New Boston Charter schools should be aware of these new restrictions to ensure website and application operator compliance. Effective Date: September 1, 2017

Amending Education Code: Adding Subchapter D to Chapter 32

Bill Summary: HB 2087 establishes new law regarding when a website, online service, online application or mobile application operator is allowed to use and when it’s prohibited from using student data. HB 2087 provides guidelines for protecting, collecting and deleting student data. HB 2087 prohibits the sale of student data and the use of student data for targeted advertising.

An operator may not knowingly (engage in targeted advertising on any website, online service, online application or mobile application) if the target of the advertising is based on any information that the operator has acquired through the use of the operator’s website, online service, application or mobile application for a school purpose.

An operator may not knowingly use information created or gathered by the operator’s website, application or mobile application to create a profile about a student unless the profile is created for a school purpose. An operator may not sell or rent any student’s covered information.

House Bill 2413 / Representative Cindy Burkett Impact on Charter Schools: Sunnyvale Charter schools providing vocational or career programs that give information to the Texas Workforce Commission must Effective Date: update policies and procedures to include this new definition September 1, 2017 of student information.

Amending Education Code: §132.024

Bill Summary: HB 2413 amends the definition of “student information” to include a student’s identifying information that is in the possession of the Texas Workforce Commission, a career school or college, or any other school, educational institution, or business entity from which the Texas Workforce Commission receives or reviews information through its administration.

Additionally, unless permitted otherwise, a person commits an offense if the person solicits, discloses, receives, or uses, or authorizes, permits, participates in, or acquiesces in another person’s use of student information.

House Bill 3705 / Representative James White Impact on Charter Schools: Woodsville Charter schools that operate at a juvenile facility, in juvenile probation, or serve juveniles under a juvenile court Effective Date: order should be aware of these changes and update their September 1, 2017 policies accordingly.

Amending Family Code: §58.301; §58.303; §58.304; §58.305; §58.306; §58.307

Bill Summary: HB 3705 updates the Family Code to ensure that juvenile facilities have access to the local juvenile justice information system. The bill defines a “juvenile facility” as a facility that serves juveniles under a juvenile court’s jurisdiction and is operated as a holdover facility, a pre-adjudication detention facility, a nonsecure facility, or a post-adjudication secure correctional facility. Additionally, the bill updates the definition of a partner agency to include a juvenile facility that is authorized to be a partner in the local juvenile justice information system.

The bill now allows a local juvenile justice information system to include case management for juveniles in juvenile facilities. Additionally, the local juvenile justice system may include information obtained for “diagnosis, examination, evaluation, treatment, or referral for treatment of a child by a public or private agency or institution providing supervision of a child by arrangement of the juvenile court or having custody of the child under order of the juvenile court for each juvenile taken into custody, detained, or referred.” However, this information is only available to the juvenile court, probation, governmental juvenile facility, or a private facility is a partner agency.

House Bill 1428 / Representative John T. Smithee Impact on Charter Schools: Amarillo Open-enrollment charter schools participating in the Texas Public School Employees Group Benefit Program should be Effective Date: aware that employees may request mediation for an out- September 1, 2017 of-network claim dispute under the Texas Public School Employees Group Benefit Program Amending Insurance Code: §1467.001; §1467.002

Bill Summary: HB 1428 adds the Texas Public School Employees Group Benefit Program to the definition of an administrator of a health benefit program as it relates to out-of-network claim dispute. This bill allows for an enrollee to request a mandatory mediation to address any out-of-network claim dispute.

House Bill 3976 / Representative Trent Ashby payment. A retiree is not required to pay until the 2022 plan Lufkin year if the retiree has taken a disability retirement under TRS, is receiving disability retirement benefits, and is not eligible to Effective Date: enroll in Medicare. September 1, 2017 [DEPENDENT AND SURVIVING SPOUSE COVERAGE] Amending Insurance Code: This bill allows a retiree to secure group coverage for the §1575.002; §1575.006; §1575.052; §1575.152; §1575.153; retiree’s eligible dependents. A surviving spouse may elect §1575.155; §1575.156; §1575.157; §1575.158; §1575.159; to retain or obtain coverage for which the surviving spouse §1575.161; §1575.164; §1575.170; §1575.201; §1575.202; is eligible. A surviving spouse who makes such election for §1575.210; §1575.211; §1575.212; §1575.302 the surviving spouse or dependents must pay a monthly contribution. Additionally, the surviving spouse must authorize, Bill Summary: in writing, TRS to deduct the contribution from the surviving HB 3976 makes significant changes to the Texas Public School spouse’s monthly annuity payment. A surviving dependent Retired Employees Group Benefits Act. All of these changes child who has coverage under a health benefit plan offered apply to health benefits beginning with the 2018 plan year. under TRS-Care must pay a monthly contribution in the manner established by TRS. [DEFINITIONS AND ASSOCIATED GLOBAL CHANGES] HB 3976 shortens the definition of “health benefit plan” to [GROUP HEALTH BENEFIT PLAN] mean any group arrangement to provide health care benefits HB 3976 requires TRS to establish or contract for and or to pay or reimburse expenses for health care services. make available a high deductible health plan for retirees, Additionally, the bill defines “Medicare Advantage plan” as a dependents, surviving spouses, or eligible surviving dependent health benefit plan operated under Part C of Medicare and children. Additionally, TRS must establish or make available a “Medicare prescription drug plan as a health benefit plan Medicare Advantage plan and a Medicare prescription drug operated under Part D of Medicare. A “basic plan” is defined plan for eligible individuals. If TRS determines that either as a health benefit plan under Chapter 1575 other than a Medicare plan is no longer appropriate, TRS may establish or Medicare Advantage plan or a Medicare prescription drug plan. make available other health benefit plans to provide medical or pharmacy benefits. To the extent TRS-Care has available Any reference to an optional plan are deleted, and reference funds, the TRS Board of Trustees must consider implementing to “group plans” are changed to “health benefit plans offered a plan designed for non-Medicare eligible enrollees in the high under the group program.” Many references to “basic plan” deductible plan that provides assistance in the payment of have been changed to “health benefit plan.” preventative care, including generic preventive maintenance medications, in a manner consistent with federal law. [HEALTH BENEFIT PLAN COVERAGE FOR RETIREES] This bill eliminates a no-cost plan and instead provides The Medicare plans are exempted from several statutory that a retiree who has coverage under a health benefit plan requirements, including the requirements to provide offered under TRS-Care must pay a monthly contribution, as coverage for pre-existing conditions, prostate-specific determined by TRS. The retiree must, in writing, authorize TRS antigen tests, and disease management services. to deduct the contribution from the retiree’s monthly annuity

144 Texas Charter Schools Association ©2017 [ELIGIBILITY] the share of costs allocated to retirees, surviving spouses, and A retiree, dependent, surviving spouse, or surviving dependent surviving dependent children. child who is not eligible to enroll in Medicare is eligible to enroll in a high deductible health plan offered under TRS- Impact on Charter Schools: Care, subject to other eligibility requirements, including any Charter schools providing TRS-Care and charter school established by TRS, but is not eligible to enroll in another employees should be aware of these changes to TRS. health benefit plan offered under TRS-Care.

Those individuals who are eligible to enroll in Medicare are eligible to enroll in the Medicare programs offered under TRS- Care, subject to other eligibility requirements, including any established by TRS, but are not eligible to enroll in another health benefit plan offered under TRS-Care, unless the TRS Board of Trustees makes another health benefit plan available for which any individual otherwise eligible to enroll in a Medicare plan would be eligible.

[ENROLLMENT PERIOD] A retiree eligible for coverage under TRS-Care may select for the retiree and eligible dependents any coverage for which each of those individuals is eligible on the date or during the periods specified under current law, or during the period beginning on the date the retiree reaches 65 years of age and ending on a date set by TRS rule.

An individual enrolled in a health benefit plan offered under TRS-Care may remain enrolled as long as the individual remains eligible. If an individual becomes ineligible, TRS must enroll the individual in a plan for which the individual is eligible.

[COST] The state will contribute an amount appropriated to cover all or part of the cost for each retiree, surviving spouse, and surviving dependent child enrolled in a health benefit plan under TRS- Care. TRS may spend a part of the money received for TRS- Care to offset a part of the costs for dependent coverage if TRS-Care is projected to remain financially solvent during the currently funded biennium.

This bill increases the state’s contribution to the fund from 1% to 1.25% of the salary of each active employee.

Additionally, this bill adds surviving spouses and surviving dependent children to the list of those who can share the total costs for TRS-Care. TRS will establish and collect payments for

Senate Bill 1663 / Senator Joan Huffman also alters the TRS calculation the amount of benefits for a Houston designated beneficiary of an active member who dies during a school year. Effective Date: September 1, 2017 [RETIRED REHIRES] SB 1663 provides that a retiree is considered to be employed Amending Education Code: by a Texas public educational institution, and thus not entitled §42.260 to TRS retirement benefits, if the retiree performs duties or services for or on behalf of the institution that an employee Amending Government Code: would otherwise provide and one of the following occurs: §822.002, §824.1012-1013, §824.503, §824.601, §825.006, 1. The retiree waives, defers or forgoes compensation for §825.208, §825.3011, §825.306, §825.408, §825.410, performing the duties or services at any time during the §825.519 12 consecutive months after the retiree’s effective date of retirement; Amending Insurance Code: 2. The retiree performs the duties or services for or on behalf §§1575.402, 1575.403 of the institution as an independent contractor at any time during the 12 consecutive months after the retiree’s Bill Summary: effective date of retirement; or SB 1663 makes several administrative updates to the Teacher 3. The retiree, as a volunteer without compensation, performs Retirement System of Texas (TRS). the same duties or services for an institution that the retiree performed immediately before retiring and the retiree has [EMPLOYEE HEALTH COVERAGE] an agreement to perform those duties and services after The commissioner of education is no longer required to certify the 12 consecutive months after the retiree’s effective to each school district or charter school that participates in date of retirement. the uniform group coverage program the amount of additional funds to which they are entitled due to House Bill 3343 of the [EMPLOYER LATE FEES] 77th Legislature (2001). The amount of additional funds to SB 1663 imposes a late fee in an amount to be determined by which a district or open-enrollment charter school is entitled TRS but not to exceed $1,000 for each business day after the under that bill and any subsequent legislation amending the 7th day after the last day of the month that the employer fails provisions amended by House Bill 3343 that increase formula to submit documentation of all required member and employer funding must be used only to pay contributions under a group deposits. The cumulative amount of late fees assessed health coverage plan for employees, and sets forth a formula against the employer may not exceed $25,000 per reporting for determining the amount to be used for that purpose. period and TRS may establish an appeals process to reduce or waive a late fee. [POST RETIREMENT] SB 1663 revises the law relating to the consent or court order SB 1663 also imposes interest and a late fee on an employer necessary to change from an optional retirement annuity to that fails to report before the 11th day after the last day a standard retirement annuity and makes changes to law of a calendar month in which a retiree is employed, the regarding changing a beneficiary after retirement. SB 1663 required deposits, documentation and certified statement of

146 Texas Charter Schools Association ©2017 employment for the retiree. If the retiree works in August, the Impact on Charter Schools: employer must remit before the 7th day in September. Charter schools should be aware of these TRS administrative changes regarding the state retirement system investments. [OTHER] Charter schools need to ensure all reporting to TRS occurs on SB 1663 allows TRS to provide certain information to a member time to avoid any late fees. or retiree by sending the information to an email address of the member or retiree or by directing the member through written notice or email to a website to access the information.

SB 1663 deletes the limitation on a member’s ability to use the installment method of payment after a refund of payments.

SB 1663 makes other administrative changes to TRS, such as (1) accounting for TRS assets, (2) the Retirees Advisory Committee, (3) confidentiality of personal financing disclosures by TRS employees under the Public Information Act, and (4) extends the sunset provision for the TRS Board from 2019 to 2025.

Senate Bill 1664 / Senator Joan Huffman month in which the member submits a retirement application Houston and before the later of the due date for the member’s first monthly annuity payment or the date on which TRS issues the Effective Date: member’s first monthly annuity payment. September 1, 2017 [ACCUMULATED LEAVE FOR SERVICE CREDIT AND USERRA CREDIT] Amending Education Code: Unless a TRS member declines to purchase service credit §22.004 for accumulated state personal and sick leave, an annuity payment may not begin until TRS is paid the full cost of the Amending Government Code: service credit and must receive the payment not later than §822.201, §823.004, §823.403, §824.002, §825.307, 90 days after the date TRS issues a cost statement for the §825.509, §830.201 purchase of the credit. TRS may grant a one-time 30 day extension to complete the credit provided certain conditions Adds Government Code: are met regarding the purchase. SB 1664 also modifies the §821.0011, §823.403 deadline by which a member applying for service retirement may reinstate withdrawn contributions, make deposits for Bill Summary: military service and equivalent membership service and receive SB 1664 removes the requirement that the board of trustees service credit. SB 1664 adds to the list of items TRS deposits of the Teacher Retirement System of Texas (TRS) adopt rules to a member’s savings account the portion of a deposit to to determine whether a school district’s group health coverage establish Uniform Services Employment and Reemployment is comparable to the basic coverage specified by Chapter Rights Act (USERRA) credit. 22 of the Texas Education Code. SB 1664 also removes the requirement that each district report its compliance to the [DIRECT ROLLOVERS] TRS Executive Director by March 1st of every even numbered This bill also specifies that an otherwise eligible portion of year as required by the TRS board. Schools must still submit a rollover distribution that consists of after-tax employee a compliance report, but it is not subject to the executive contributions not includable in gross income may be transferred director requirements. to a qualified plan under IRS section 401(a) only if the plan agrees to separately account for the amounts transferred, the SB 1664 also requires TRS to use the common law test earnings on those amounts, the portion of the distribution that and any IRS guidance regarding factors to consider when is includable in gross income and the portion that is not. determining whether an individual is an employee or an independent contractor. Impact on Charter Schools: As participants in TRS, charter school administrators and [MILITARY SERVICE AND OTHER SERVICE] employees should be aware of these changes. SB 1664 requires that payments for military service, out- of-state service, developmental leave, work experience in a career or technology field and service transferred to TRS from ERS be completed not later than two (2) calendar months after the later of the member’s retirement date or the last day of the

Senate Bill 1665 / Senator Joan Huffman Impact on Charter Schools: Houston Charter school employees, as participants in TRS, should be aware of these changes regarding the state retirement Effective Date: system investments. June 15, 2017

Amending Government Code: §825.301

Bill Summary: SB 1665 amends the definition of "securities" for purposes of the investment authority of the board of trustees of the Teacher Retirement System of Texas (TRS) as any investment instrument within the meaning of the term as defined by certain provisions of The Securities Act and federal law with a provision establishing that the term includes any such investment instrument, any derivative instrument, and any other instrument commonly used by institutional investors to manage institutional investment portfolios.

SB 1665 also permits the board of trustees of TRS to delegate discretionary authority to external investment managers to invest and manage not more than thirty percent (30%) of the total assets held in trust by the retirement system and authorizes the board to contract with external investment advisors and consultants to assist and advise the board and TRS staff.

House Bill 264 / Representative Ana Hernandez Impact on Charter Schools: Houston Charter schools should be aware of the changes to TEA provided public outreach materials. Effective Date: September 1, 2017

Amending Education Code: §28.015

Bill Summary: HB 264 removes the Texas B-On-Time loan program from the public outreach materials the Texas Education Agency (TEA) must provide to outline the requirements from HB 5 in the 83rd Legislative Session. TEA will be required to continue to provide public outreach materials through September 1, 2020.

House Bill 1638 / Representative Ryan Guillen Impact on Charter Schools: Rio Grande City Charter schools are not subject to these requirements; however, charter schools offering dual credit programs should Effective Date: be aware of the new statewide goals. May 23, 2017

Amending Education Code: §28.009

Bill Summary: HB 1638 requires the Texas Education Agency (TEA) and the Texas Higher Education Coordinating Board (THECB) to develop statewide goals for dual credit programs and the uniform standards to address those goals by August 31, 2018. At minimum, the goals will address each dual credit program’s achievement of enrollment in and acceleration through postsecondary education; performance in college- level coursework; and the development of an effective bridge between secondary and postsecondary education in the state.

HB 1638 clarifies the amendments to §28.009 only apply to an agreement entered into or renewed after August 31, 2018 between a school district and public institution of higher education providing a dual credit program must address and align its program goals with these statewide goals. The agreement must provide the course credits that may be earned under the agreement; the method for equating high school courses with college courses and the number of credits that may be earned for each; describing any academic support and guidance that will be provided to students participating in the program; the roles and responsibilities expected of the school district and higher education institution with respect to the program; and the sources of funding for the courses, such as tuition, textbooks, transportation, and other fees. This information must be posted on both the school districts and higher education institution’s websites.

House Bill 2130 / Representative Kevin Roberts Impact on Charter Schools: Houston Charter schools should be aware of the agency’s study and potential recommendations. Effective Date: June 12, 2017

Adding Education Code: §39.02302

Bill Summary: HB 2130 requires the Texas Education Agency (TEA) to conduct a study regarding the impact of statewide assessments on students in a special education program. The study must address a variety of questions including the impact assessment instruments have on promotion and graduation rates, opportunities for higher education, competitive employment, and advanced placement. It must also look at whether the administration of an alternate assessment instruments complies with ESSA and what impact exempting students with disabilities would have on the statewide assessment program, and any legal impact.

The study shall make recommendations to improve the impact of the statewide assessment program on students with disabilities, including recommendations related to contracting with assessment instrument vendors, developing accommodations during the administration of the assessment, statutory changes, and any other reforms necessary as a result of the study.

The agency must complete the study by October 1, 2018 and publish the study on the agency’s website.

House Bill 2729 / Representative Eddie Lucio III Impact on Charter Schools: Brownsville Charter schools should be aware that there will be an inventory of industry-recognized credentials and certificates that will be Effective Date: distributed to each school district that offers a CTE programs June 9, 2017 to public high school students, and will be available on the agency’s website. Adding Education Code: §29.189

Bill Summary: HB 2729 requires the Texas Education Agency (TEA), Texas Higher Education Coordinating Board (THECB), and Texas Workforce Commission (TWC) to jointly develop and post on their websites an inventory of industry-recognized credentials and certificates that may be earned by a public high school student through a career and technology education (CTE) program.

The inventory created by the TEA, THECB, and TWC must include for each credential or certificate the associated career cluster, awarding entity, level of education required and any additional requirements for the credential or certificate, any fees for obtaining the credential or certificate, and average wage or salary for jobs that require or prefer the credential or certificate.

Each year the TEA, THECB, and TWC must jointly review and, if necessary, update the inventory and provide a copy of the inventory to each school district and public institution of higher education that offers a CTE program to public high school students.

Senate Bill 436 / Senator José Rodríguez Impact on Charter Schools: El Paso Charter schools should be aware of the special education continuing advisory committee meetings and encourage Effective Date: school and public participation in the committee. September 1, 2017

Amending Education Code: §29.006

Bill Summary: SB 436 requires the special education continuing advisory committee meetings be conducted in compliance with the Open Meetings Act. The committee must allow for public comment, cannot require the public to register earlier than the day of the meeting, and the committee must develop a policy that encourages public participation in the committee.

The bill also requires the Texas Education Agency (TEA) to post on its website contact information for the committee, notice of each open meeting of the committee, minutes of each open meeting of the committee, and guidance concerning how to submit public comments to the committee.

Finally, SB 436 requires the committee to submit a report to the legislature with recommended changes to the state law and agency rules relating to special education, including the committee’s current policy on encouraging public participation.

Senate Bill 810 / Senator Lois Kolkhorst repository of open educational resources, in collaboration Brenham with organizations such as the Texas Education Agency, and submit a report including the results of the study and Effective Date: any recommendations to the governor, lieutenant governor, June 9, 2017 speaker of the house, and each standing legislative committee with primary jurisdiction over higher education no Amending Education Code: later than September 1, 2018. §31.001; §31.002; §31.004; §31.005; §31.021; §31.211; §31.0212; §31.0212; §31.0213; §31.0214; Impact on Charter Schools: §31.0215; §31.0215; §31.022; §31.0231; §31.0241; Charter schools should be aware of the changes to the §31.0242; §31.026; §31.0261; §31.027; §31.029; definition of instructional materials. Additionally, charter §31.031; §31.071; §31.072; §31.073; §31.074; §31.075; schools should be aware that the instructional materials §31.076; §31.077; §31.083; §31.084; §31.101; allotment now includes technology and may be used to §31.103; §31.014; §31.151; §32.001; §41.124; §43.001; purchase open education resource materials. §51.451; §51.452; §51.453; §51.454

Bill Summary: SB 810 is also summarized under the Curriculum & Instruction section as it relates to the use of open-source instructional materials and in the School Finance section as it relates to instructional materials allotment.

[TEA WEBSITE] The bill requires the Texas Education Agency (TEA) to develop and maintain a web portal to assist schools in selecting instructional materials. The web portal must have general information such as price, computer system requirements, and any other relevant specifications for each instructional material on the instructional materials list or submitted by a publisher for inclusion in the web portal. The TEA must include a repository of open education resource instructional materials and other electronic instructional materials that schools may access at no cost on the web portal.

[SBOE LONG-RANGE PLAN] The State Board of Education’s (SBOE) long-range plan for technology in the public-school system must be updated every five years. Additionally, the SBOE must conduct a study to determine the feasibility of creating a state

Senate Bill 1220 / Senator Borris L. Miles By September 1, 2018, the DFPS and TEA must produce a Houston report on the program created for foster care youth and former foster care youth. The report must include recommendations Effective Date: for legislative or other action to further develop the program. June 1, 2017 Impact on Charter Schools: Amending Education Code: Charter schools need to be aware that TEA will have the §25.007 responsibility to help students transfer between charter schools and school districts if the student is homeless or Adding Family Code: in foster care, and charter schools must cooperate. Charter §264.1211 schools will also be required to accept a referral for special education students if the referral was made at the student’s Bill Summary: previous campus. Charter schools must update their policies SB 1220 is also summarized in the Special Education section and procedures to reflect these changes. as it relates to special education referrals.

[TRANISITON ASSISTANCE] SB 1220 requires the Texas Education Agency (TEA) to assist students who are homeless or in substitute care as they transfer from one school to another by developing procedures to ensure that a new school relies on decisions made by the previous school regarding placement in courses or educational programs. The procedures must also ensure that these students are placed in comparable courses or educational programs at the new school, if these program or courses are available.

The bill requires the Department of Family and Protective Services (DFPS) to collaborate with local workforce development boards, foster care transition centers, community and technical colleges, schools, and any other appropriate workforce industry resources to create a program that assists foster care and former foster care youth in obtaining a high school diploma, GED, or industry certification, provides career guidance to foster care youth, and informs foster care youth and former foster care youth about the tuition and fee waivers for institutions of higher education.

Senate Bill 1784 / Senator Larry Taylor must provide in any product or derivative material a uniform Friendswood resource identifier or hyperlink though which a person may obtain the material for free. The bill may also include any Effective Date: additional terms determined by the commissioner. June 15, 2017 The commissioner may exempt a license from including one Amending Education Code: or more of the above requirements, and the commissioner §31.002; §31.071; §31.075; §31.076 may determine what is considered “reasonably practicable.” Additionally, the commissioner may specify requirements Adding Education Code: to reinstate a user’s rights under a license that has been §31.0711 terminated and reinstate a user’s rights on completion of the requirements. Bill Summary: SB 1784 defines “open-source instructional material” as Impact on Charter Schools: teaching, learning, and research resources that reside in the Charter schools should aware of the new definition of “open- public domain or have been released under an intellectual source instructional material” and the commissioner’s property license that allows for free use, reuse, modification, licensing requirements. and sharing with others. This is the same definition found in SB 810.

Open-source instructional material must be irrevocably owned by the state, unless the open-source instructional material is in the public domain, may be used under a limitation or exception to copyright law, or is licensed to the state.

The bill requires the commissioner to provide a license for the instructional material that allows for the free use, reuse, modification, or sharing of the material by any person or entity to encourage the use of instructional material purchased by the state by school districts and open-enrollment charter schools. The terms of this license must require that a user who reproduces the instructional material in any matter keep all copyright notices for the material intact, attribute the authorship of the material to the TEA or another person specified by the commissioner, and indicate if the user has modified the material. The terms of the license may not assert or imply any connection with or sponsorship or endorsement by the TEA or the state of Texas, unless authorized by the commissioner. Finally, as reasonably practicable, the license

Senate Bill 1873 / Senator Juan "Chuy" Hinojosa Impact on Charter Schools: McAllen Charter schools need to continue to submit the required physical education data to TEA in the manner required by Effective Date: the agency. Further, charter schools should be aware the June 15, 2017 information they provide will be posted on the agency website specific to each campus in the charter district. Amending Education Code: §38.0141

Adding Family Code: §264.1211

Bill Summary: SB 1873 requires the Texas Education Agency (TEA) to complete a report based the physical education assessments provided by each school district. This report must be completed and posted to the TEA website within a year of receiving the data from school districts.

SB 1873 specifies the report must include: 1. the number of physical education classes offered at each campus, detailing the number of days and minutes offered each week; 2. the ratio of students enrolled in physical education classes compared to overall enrollment; 3. the average physical education class size at each campus; 4. the number of physical education teachers in the district actually licensed, certified, or endorsed by an accredited teacher preparation program teaching physical education; 5. whether each campus in the district has the appropriate equipment and adequate facilities for students to engage in the amount and intensity of physical activity required by the required curriculum; 6. whether the district allows modifications or accommodations that allow physical education courses to meet the needs of students with disabilities; and 7. whether the district has a policy that allows teachers or administrators in the district to withhold physical activity from a student as punishment.

Senate Bill 2105 / Senator Borris L. Miles Impact on Charter Schools: Houston TEA will have additional resources from the TWC to share with schools looking for learning opportunities for students and Effective Date: professional development opportunities for teachers. September 1, 2017

Amending Labor Code: §302.014(a)

Adding Education Code: §31.0711

Bill Summary: SB 2105 adds to the employment opportunity information the Texas Workforce Commission (TWC) must provide TEA each quarter, (1) career and technical education partnership opportunities with business and industry; and (2) professional development opportunities for teachers and learning opportunities for students through industry mentorships, internships, summer programs, after-school programs, and career-based student leadership opportunities. SB 2105 also requires the information TWC is to provide TEA to be disaggregated by county or other appropriate region.

160 Texas Charter Schools Association ©2017 Texas Charter Schools Association ©2017 161 Scope of Service & Copyright Notice This legislative summary prepared by the TCSA is designed and intended as a resource of information for charter schools and is not to be construed as legal advice. It should be used in connection with consulting and obtaining the advice of the school’s legal counsel to ensure compliance with applicable legal requirements.

This legislative summary and all updates are copyrighted publications of the TCSA. All rights are reserved and will be enforced to the fullest extent of the law. Duplication and distribution in whole or in part are prohibited unless otherwise specifically authorized in writing by TCSA. Inquires should be directed to TCSA, 700 Lavaca, Suite 930, Austin, TX 78701.

For questions concerning the legislative summary contact: Christine Nishimura, Deputy General Counsel Texas Charter Schools Association [email protected] 512.584.8272

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www.txcharterschools.org Texas Charter Schools Association: ph. 512.584.8272