HBA-MPM H.B. 2923 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2923 By: Dunnam Public Education 3/25/1999 Introduced BACKGROUND AND PURPOSE Currently, each charter for an open-enrollment charter school must specify certain information, such as the school's intended educational program, student performance standards, renewal periods, and anti-discrimination policy, however, procedures regarding governing body elections for charter schools are unclear. H.B. 2923 amends the Education Code to require each charter to describe the governing structure of its program, including lengths of terms and whether the terms are staggered. Additionally, this bill clarifies the election process with respect to the governing body of the charter school and sets out certain provisions with respect to geographical areas served by the school that extend into more than one county, costs associated with elections, and certain rules associated with charter schools with newly-granted and existing charters. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 12.111, Education Code, to require each charter granted under this subchapter to describe the governing structure of the program, including the term for which members of the governing body serve, whether the terms are to be staggered, and any other provision necessary for the election of the governing body in accordance with proposed Section 12.119, Education Code. SECTION 2. Amends Subchapter D, Chapter 12, Education Code, by adding Section 12.119, as follows: Sec. 12.119. ELECTION OF GOVERNING BODY. (a) Requires the members of a governing body of an open-enrollment charter school (charter school) to be elected at an election held in the geographical area served by the program as described in the charter in accordance with Section 12.111(13) (Content), Education Code (providing that each charter granted under that subchapter must describe the geographical area served by the program). (b) Requires each commissioners court (court) of a county containing a geographical area served by a charter school to order an election held according to this section. Requires the court of each county, if that area extends into more than one county, to jointly order and hold the election. Requires the court to hold the first election on the first uniform election date provided by Section 41.001 (Uniform Election Dates), Election Code, that is at least 120 days after the charter is granted. Requires all positions on the governing body to be filled at that election for terms provided by the charter. Requires the person operating the charter school to reimburse the court for all necessary election costs. (c) Requires the members of the governing body elected at the election to draw lots for terms, if the charter provides that terms are staggered. Provides that in the case of an established charter school, the term of each member of the governing body in office on the date of that election ends when the member's successor has qualified for office. Provides that in the case of a charter school with a newly-granted charter, control of the charter school transfers from the person to whom the charter was granted to the governing body on the date a quorum of the governing body elected under Subsection (b) has qualified for office. (d) Requires the governing body of a charter school to order and conduct subsequent elections of members of the governing body. Makes Sections 11.054-11.058 and 11.060, Education Code applicable to the election under Subsection (b), and to subsequent elections. These sections are, respectively: Electing Trustees by Cumulative Voting; Application to Get on Ballot; Write-in Voting; Determination of Results; Election by Position; and Vacancies. SECTION 3. Requires the commissioners court to hold the initial election of charter school governing boards on the third Saturday in January, 2000 for a charter school for which a charter is granted before September 1, 1999. SECTION 4. Effective date: September 1, 1999. SECTION 5. Emergency clause.