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.