By:  Carona                                             H.B. No. 91
       73R847 CAE-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the assignment of students to public schools and to
    1-3  vouchers for the tuition of a student at a public or private
    1-4  school.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Subchapter C, Chapter 21, Education Code, is
    1-7  amended by adding Section 21.0741 to read as follows:
    1-8        Sec. 21.0741.  OPEN ENROLLMENT: SCHOOL SELECTION BY PARENT.
    1-9  (a)  Before each school year and before the initial enrollment of a
   1-10  pupil, the parent of or person standing in parental relation to the
   1-11  pupil may file a written request with the school district for the
   1-12  assignment of the pupil to a certain school in the district.  The
   1-13  school district shall assign the pupil to that school unless:
   1-14              (1)  the selection would cause the school to exceed the
   1-15  available room and teaching capacity of the school; or
   1-16              (2)  the selection would cause the school to be out of
   1-17  compliance with a court-ordered desegregation plan in effect for
   1-18  the district.
   1-19        (b)  If no request is made under Subsection (a) of this
   1-20  section, or if the school district properly rejects a selection
   1-21  under Subsection (a)(1) or (2), the school district shall assign
   1-22  the pupil to a school chosen by the district after consideration of
   1-23  the factors listed in Section 21.075 of this code.
   1-24        (c)  The State Board of Education by rule shall establish a
    2-1  uniform open enrollment period during which requests under
    2-2  Subsection (a) of this section must be made.  The beginning date of
    2-3  the period may not be earlier than February 1 preceding the
    2-4  beginning of the school year for which the assignment is to be
    2-5  made.
    2-6        (d)  The Central Education Agency by rule shall establish
    2-7  criteria for making the assignments for pupils for whom a request
    2-8  is made during the open enrollment period.
    2-9        SECTION 2.  Section 21.077, Education Code, is amended to
   2-10  read as follows:
   2-11        Sec. 21.077.  Petition of parent.  (a)  The parent or person
   2-12  standing in parental relation to any pupil may by petition in
   2-13  writing either:
   2-14              (1)  request the transfer <or assignment> of the pupil
   2-15  to a designated school or to a school to be designated by the
   2-16  board; or
   2-17              (2)  file objections to the assignment of the pupil to
   2-18  the school to which he has been assigned.
   2-19        (b)  A school district may reject the request for transfer to
   2-20  a designated school only if:
   2-21              (1)  the selection would cause the school to exceed the
   2-22  available room and teaching capacity of the school; or
   2-23              (2)  the selection would cause the school to be out of
   2-24  compliance with a court-ordered desegregation plan in effect in the
   2-25  district.
   2-26        SECTION 3.  Subchapter C, Chapter 21, Education Code, is
   2-27  amended by adding Section 21.083 to read as follows:
    3-1        Sec. 21.083.  EDUCATION VOUCHER PROGRAM.  (a)  Unless the
    3-2  Central Education Agency determines that it is not in the best
    3-3  interest of the public, each school district in the state shall
    3-4  participate in the education voucher program.
    3-5        (b)  A private or parochial school may participate in the
    3-6  education voucher program if:
    3-7              (1)  the school includes in its course a study of good
    3-8  citizenship; and
    3-9              (2)  complies with federal nondiscrimination standards
   3-10  under 42 U.S.C.  Section 2000d and certifies compliance to the
   3-11  Central Education Agency.
   3-12        (c)  On the request of a parent of or person standing in
   3-13  parental relation to a student, a school district shall issue a
   3-14  voucher to the parent or guardian to be used for the expenses of
   3-15  educating the student at a participating school district or private
   3-16  or parochial school.
   3-17        (d)  The Central Education Agency shall transfer state funds
   3-18  to a district that submits the voucher to the agency with a record
   3-19  of the child's enrollment in the same manner that state funds are
   3-20  transferred under Section 21.062 of this code for a child who is
   3-21  the subject of a transfer agreement.
   3-22        (e)  The state and the district shall pay $3,000 to a private
   3-23  or parochial school in which the child enrolls.  The state and the
   3-24  district share that cost in the same percentages used to determine
   3-25  the state and local shares under Chapter 16 of this code.
   3-26        (f)  The Central Education Agency shall publish a list of all
   3-27  participating school districts and private or parochial schools and
    4-1  make the list available to all parents of or persons standing in
    4-2  parental relation to students in the state.
    4-3        (g)  On the request of a parent of or person standing in
    4-4  parental relation to a student, a participating school district or
    4-5  private or parochial school must provide information relating to:
    4-6              (1)  the program of instruction;
    4-7              (2)  student achievement;
    4-8              (3)  the incidence of drug abuse by students; and
    4-9              (4)  discipline and safety rules.
   4-10        (h)  The Central Education Agency may adopt reasonable rules
   4-11  to implement this section.  The rules adopted by the agency under
   4-12  this section must relate solely to the administration of the
   4-13  voucher program under this section and not to the regulation of
   4-14  schools participating in the program.
   4-15        (i)  The Central Education Agency shall contract with a
   4-16  private entity to evaluate the voucher education program authorized
   4-17  under this section and prepare a report of its findings.  The
   4-18  report must include the effect of the program on academic
   4-19  achievement.  The report shall be submitted to the governor, the
   4-20  lieutenant governor, and the speaker of the house of
   4-21  representatives not later than February 1 of each year.
   4-22        (j)  This section expires August 31, 1997.
   4-23        SECTION 4.  The Central Education Agency shall implement the
   4-24  education voucher program provided for under this Act beginning
   4-25  with the 1993-1994 school year.
   4-26        SECTION 5.  Sections 1 and 2 of this Act apply to assignments
   4-27  and transfers of students beginning with the 1994-1995 school year.
    5-1  Assignments and transfers made before that school year are governed
    5-2  by the law in effect for the year in which the assignment is
    5-3  effective or the transfer made, and that law is continued in effect
    5-4  for that purpose.
    5-5        SECTION 6.  The importance of this legislation and the
    5-6  crowded condition of the calendars in both houses create an
    5-7  emergency and an imperative public necessity that the
    5-8  constitutional rule requiring bills to be read on three several
    5-9  days in each house be suspended, and this rule is hereby suspended,
   5-10  and that this Act take effect and be in force from and after its
   5-11  passage, and it is so enacted.