North Hills Prep 2002/04/09FILE No .923 04/09 '02 10:29 I D :FORD WHITE NASSEN
FW
To
Rosemary Perimeter
FROM
DIRECT DIAL: (214) 523 -5133
EMAIL tdmathenynafordwhite.com
DATE: April 9, 2002
ADDITIONAL MESSAGE:
Rosemary:
12.1051, 12.1053, 12.1054, 12.1055.
Tim
FORD
WHITE Y MAMA ER
NA_SSEN �� LL
Timothy D. Matheny
Company
A Prc fe,simal C'orpwation of Atiewia,,cr and Comorlorr
1100 Highland Park Place 4514 Cole Avenue DaIIas, Texas 75205
Phone (2/4) 523 -5/00 Fax (214) 521 -4601
APR 1 2 2002
The North Hills School
FAX:2145214601
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10 AMW 04411 K41 0 MW, 44 e
Sections 12.103, 12.105,
I have not yet had a chance to talk with you or Morris about becoming more involved next year from the standpoint of
assisting on a facilities committee or budget committee. Bat, I would like to get more information on this from both of
you. 1 do not like the school financing plan that the Acting Lt Governor floated the other day either. Is Ms. Martin going
to be involved in that fight for the charter schools.
FILE No.923 04/09 '02 10:29 ID:FORD WHITE NASSEN FAX2145214601
77(R HB 6 Enrolled version - Bill Text
3-13 (E) recommending polies to be ado ted by the
3-14 governing body of the school, developing_appropriate procedures to
3-15 implement policies adopted by the governing body of the school, and
3-16 overseeing the implementation of adopted policies; and
3-17 in__ providing leadership for the attainment of
3-18 student performance at the school based on the indicators adopted
3-19 under Section 39.051 or by the governing body of the school.
3-20 (6) _7Officer of an open-enrollment charter school"
3 means:_
3-22 (A) the principal, director, or other chief
3-23 operating_officer of an open-enrollment charter school;
3 (4)_ an assistant principal or assistant director
3-25 of_an open-enrollment charter school; or
3-26 (C) a person charged with managing the finances
3-27 of an open-enrollment charter school.
4-1 SECTION 4. Section 12.103, Education Code, is amended to read
4-2 as follows:
4-3 Sec. 12.103. G APPLICABILITY OF LAWS, [AW RULES,. AND
4-4 ORDINANCES TO OPEN-ENROLLMENT CHARTER SCHOOL. (a) Except as
4-5 provided by Subsection (b) or (c), an [] open-enrollment charter
4-6 school is subject to federal and state laws and rules governing
9-7 public schools and to municipal zoning_ordinances governing public
4-8 schools.
4 - 9 lb) An [, ox,e4p4: th,at an] open-enrollment charter school is
4-10 subject to this code and rules adopted under this code only to the
4-11 extent the applicability to an open-enrollment charter school of a
4-12 provision of this code or a rule adopted under this code is
4-13 specifically provided.
4-14 (c) Notwithstanding Subsection (a), a campus of an
4-15 open-enrollment charter school located in whole or in part in a
4-16 municipality with a population of 20,000 or less is not subjctt9
4-17 a municipal zoning ordinance governing public schools.
4-18 SECTION 5. Section 12.104, Education Code, is amended by
4-19 adding Subsections (c) and (d) to read as follows:
4-20 _(.gaAm open-enrollment charter school is entitled to the
4-21 same_l.evel of services provided to school districts by regional
4-22 education service centers. The commissioner shall adopt rules that
4-23 provide for the representation of open-enrollment charter schools
4-24 on the boards of directors of regional education service centers,
4-25 (d) The commissioner may by rule permit an open-enrollment
4-26 charter school to voluntarily participate in any state program
4-27 ayailable to school districts, including a purchasing program, if
5-1 the school complies with all terms of the program.
5-2 SECTION 6. Subchapter D, Chapter 12, Education Code, is
5-3 amended by amending Section 12.105 and adding Sections
5-4 12.1051-12.1057 to read as follows:
5-5 Sec. 12.105. STATUS. [4&4-] An open-enrollment charter
5-6 school is part of the public school system of this state.
5-7 5ec. 12.1051. APPLICABILITY OF OPEN MEETINGS AND PUBLIC
5-8 INFORMATION LAWS. (a) With respect to the operation of an
5-9 2Pf.nzenrollment charter school, the [(b) Tho] governing body of -
5-10 charter_holder and the governing body of an open-enrollment charter
5-11 [444] school are [..49 considered to be [t] governmental bodies
5-12 [body] for purposes of Chapters 551 and 552, Government Code.
5-13 ..(11). With respect to the operation of an open-enrollment
5-14 gaiter school, any [Arry] requirement in Chapter 551 or 552,
5-15 Qovernment Code, that applies [th000 ro rolnti.ng1 to a school
5-16 district, the board of trustees of a school district [6.04449.0-1
5-17 be-a- or Ri.lb).ic. school students [ohildron] applies to an
5-18 open-enrollment charter school, the governing body of a charter
5-19 holder, the governing body of an open-enrollment charterschool, or
5 stud (144 attending an open-enrollment charter
5-21 school.
5-22 Sec, .12.1052. APPLICABILITY OF LAWS RELATING TO LOCAL
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FILE No.923 04/09 '02 10:29 ID:FORD WHITE NASSEN FAX :2145214601
77(R) HB 6 Enrolled version - Bill Text
5 -23 GOVERNMENT RECORDS. (a) With respect to the operation of an
5 -24 open - enrollment charter school, an open - enrollment charter school
5 -25 is considered to be a local government for purposes of Subtitle C,
5 -26 Tttle 6, Local Government Code, and Subchapter J, Chapter 441
5 -27 Government Code.
6 -1 Lb) Records of an open - enrollment charter school and records
6 -2 of a charter holder that relate to an oven- enrollment charter
6 -3 school are government records for all purposes under state law.
6 -4 _(c) Anv requirement in Subtitle C,_Title 6 Local Government
6-5 Code, or Subchapter J, Chapter 441, Government Code, that applies
6 -6 to a school, district, the board of trustees of a school district,
6 -7 or an officer or employee of a school district applies to an
6 -8 open - enrollment charter school, the governing body of a__charter
6 -9 older, the governing body of an open- enrollment charter school, or
6 -10 an officer .or employee cf an open-enrollment school except
6 -11 that the records of an open- enrollment charter school that ceases
6 -12 to operate shall be transferred in the manner prescribed by
6 -13 Subsection (dl,
6 -14 (d) The records of an open - enrollment charter school that
6 -15 ceases to_operate.shallbe transferred in the manner specified by
6 -16 the commissioner to a custodian designated by the commissioner.
6 -17 The commissioner may designate any appropriate entity to serve as
6 -18 custodian, including the agency, a regional education service
6 -19 center, or a school district. In designating_a custodian, the.
6 -20 commissioner shall ensure that the transferred records, including
6 -21 student and personnel records, are transferred to a custodian
6 -22 gable of:
6 -23 Li) maintaining the records;
6 -24 (2) making the records readily accessible to students,
6 -25 parents, former school employees, and other _persons entitled to
6 -26 access; and
6 -27 13) complyinc with applicable state or federal law
7 -1 restricting access to the records.
7 - 2 (e) If the charter holder of an open - enrollment charter
7 -3 school that_ceases to operate or an officer or employee of such a
7 -4 school refuses to transfer school records in the manner specified
7 -5 by the commissioner under Subsection . (d), the commissioner may ask
7 -6 the attorney general to petition a court for recovery of the
7 -7 records. If the court grants the petition, the court shall award
7 -8 a ttorney's fees and court costs to the state.
7-9 Sec. 12.1053. APPLICABILITY OF LAWS RELATING TO PUBLIC
7 -10 PURCHASING AND CONTRACTING. (a) This section applies to an
(/
7 -11 open - enrollment charter school unless the school's charter
7 -12 otherwise describes procedures for purchasing contracting and
7 -13 t_ be procedures are approved by the _ State Board of Education
7 - 14 L An open- enrollment charter school is considered to be:
7 -15 ..- 1 a governmental emit or 1_ ) . y f of purposes
7 -16 (A) Subchapter D, Chapter 2252, Government Coder
7 -17 and
7 -18 .(II) Subchapter 8 Chapter 271, Local Government.
7-19 Code;
7 -20 (2) __a political subdivision for purposes of Subchaoter
7 -21 A Chapter 2254, Government Codel and
7 - 22 (3_) a local government for purposes of__Sections
7 -23 2256.009- 2256.016, Government Code.
7 -24 Lc) To the extent consistent with this section, a
7 -25 requirement in a law listed in this section that applies to a
1 -26 school district or the board of trustees of a school district
7 -27 applies to an open- enrollment charter school, the governing bod of
8 -1 a.._charter holder, or the governing body of an open - enrollment
8 -2 charter school.
8 -3 Sec, 12.1054. APPLICABILITY OF LAWS RELATING TO CONFLICT OF
8 -4 INTEREST. (a) . _ A member of the governing body of a charter holder,..
0 -5 a__member of the governing body of an open - enrollment charter
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77(R) HB 6 Enrolled version - Bill Text
8-6 school, or an officer of an open-enrollment charter school is
8-7 considered to be a local public official for purposes of Chapter
8-8 171, _Local Government Code. For purposes of that chapter:
8-9 (1) a member ofII&LgPverninq body of a charter holder
8-10 (:) member of the governing body or officer of an open-enrollment •
8-11 charter school is considered to have a substantial interest in a
8-12 business entity if a person related to the member or officer in the
8-13 third degree by consanguinity or affinity, as determined under
8-14 chapter 573, Governm.ent Code, has a substantial interest in the
8-15 business entity under Section 171.002„_Logel Government Code;
8-16 ..(2) notwithstanding any provision of Section
8-1.7 12.1054(1), en of an open-enrollment charter school rated
8 as academically acceptable or higher under Chapter 39 for at least
8-19 two of the Preceding three school years may serve as a member of
8-20 the governing body of the charter holder of the governing body of
8-21 the school if the employees do not constitute a quorum of the
8-22 governing body or anv committee of the governing body however, all
8-23 members shall comply with the requirements of Sections
8-24 171.003-171.007, Local Government Code.
8-25 Ittl. To the extent consistent with this section, a
8-26 requirement in a law listed in tbis section that applies to.a
8-27 school district or the board of trustees of a school district
9-1 applies toaloopen-enrollment charter school,. the governing of
9-2 a charter holder, or the governing body of an open-enrollment
9-3 charter school.
9-4 Sec APPLICABILITY OF NEPOTISM LAWS. (a) An
9-5 open-enrollment charter school is subject to a prohibition,
9-6 restriction, or requirement, as applicable, imposed by state law or
9-7 by a rule adopted under state law, _relating to nepotism under
9-8 Chapter 573, Government Code.
9 - 9 (b) Notwithstanding Subsection Sa), if an open-enrollment
9-10 charter school is rated academically_acceptable or higher under
9-11 Chapter 39 for at least two of the preceding three schoolygars,
9-12 then Chapter 573, Government Code, does not apply to that school;
9-13 however, a member of the aovernine body of a charter holder or a
9-14 member_of the governing body or officer of an open-enrollment
9-15 charter school shall comply with the requirements of Sections
9-16 17.1.003 Local Government Code, with respect to a personnel
9-17 matter concerning a person related to the member or officer within
9-J.8 the degree specified by Section 573.002,. Government Code, as if the
9-19 personnel matter were a transaction with a business entity subject
9-20 to those sections and persons defined under Sections
9-21 573.021-573.025, Government Code,. shall not constitute a quorum of
9-22 the governing body or any committee of the governing_body.
9 Sec. 12.1056. IMMUNITY FROM LIABILITY. In matters related to
9-24 operation of an open-enrollment charter schooI„ an open-enrollment
9-25 charter [(o) Tho] school is immune from liability to the same
9-26 extent as a school district, and its employees and volunteers are
9-27 immune from liability to the same extent as school district
10-1 employees and volunteers. kmember of the governing body of an
10-2 open charter school or of a charter holder is immune
10-3 from liability to the same extent as a school district trustee.
10-4 Sec. 12.1057. MEMBERSHIP IN TEACHER RETIREMENT SYSTEM OF
10-5 TEXAS. (a) [444-] An employee of an open-enrollment charter school
10-6 who qualifies for membership in the Teacher Retirement System of
10-7 Texas shall be covered under the system to the same extent a
10-8 qualified employee of a school district is covered.
10-9 ..(b)_ For each employee of the school covered under the
1.0-10 system, the school is responsible for making any contribution that
10-11 otherwise would be the legal responsibility of the school district,
10-12 and the state is responsible for making contributions to the same
10-13 extent it would be legally responsible if the employee were a
10-14 school district employee.
10-15 SECTION 7. Sections 12.106 and 12.107, Education Code, are
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