By: Grusendorf H.B. No. 920
73R3670 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of parents to choose the school their child
1-3 attends through the use of education scholarships.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 21, Education Code, is amended by adding
1-6 Subchapter W to read as follows:
1-7 SUBCHAPTER W. PUBLIC EDUCATION SCHOLARSHIPS
1-8 Sec. 21.801. PURPOSE. In order to improve the quality and
1-9 efficiency of education for all children, to increase the
1-10 authority, control, and empowerment of all schools, and to promote
1-11 competition among schools, a system of public free schools may
1-12 allow all children the freedom to voluntarily choose between
1-13 attending a public or free school and financially support that
1-14 choice.
1-15 Sec. 21.802. DEFINITIONS. The following definitions apply
1-16 to this section.
1-17 (1) "Public school" means any school that is solely
1-18 administered, operated, and staffed by governmental employees.
1-19 (2) "Free school" means a nongovernmental educational
1-20 establishment for the general education of elementary and/or
1-21 secondary students between the general scholastic ages that accepts
1-22 students funded by the state under this program in lieu of tuition.
1-23 (3) "Private school" means a nongovernmental
1-24 educational establishment that does not accept state scholarships
2-1 funded by the state under this program in lieu of tuition.
2-2 (4) "Educationally disadvantaged" means a student
2-3 enrolled in the national school lunch program for free or
2-4 reduced-price lunch.
2-5 Sec. 21.803. PARENTAL CHOICE. The Educational Economic
2-6 Policy Committee shall designate not more than 60 school districts
2-7 in the state to participate in a public education scholarship
2-8 program. Notwithstanding any other provision, every school-age
2-9 child that resides in a participating district and that qualifies
2-10 as educationally disadvantaged shall be entitled to attend with the
2-11 public financial aid the public school or free school chosen for
2-12 them by their parent, guardian, or custodian, subject to
2-13 availability. Each child's choice will be registered with the
2-14 central office of the public school district of his residence in
2-15 order to obtain public financing. Students may always attend
2-16 private school at their expense.
2-17 Sec. 21.804. FINANCING. Each participating public school
2-18 district currently existing or hereafter created under the
2-19 Education Code, shall obtain its public financing as prescribed by
2-20 law. However, funding formulas for all participating school
2-21 districts must be based on student attendance and must include all
2-22 school-age children residing in the district and registering their
2-23 choice with the district, even if they do not choose to attend
2-24 school at a public school in their district of residence. The
2-25 total funding received by each participating district from state
2-26 and local sources will be divided on a category-of-student basis
2-27 according to formulas to be adopted by law which may include
3-1 different amounts for different categories of students. The total
3-2 per student funding amount, including both state and local funding,
3-3 per category of student shall constitute the child's public
3-4 education scholarship. The child's public education scholarship is
3-5 the entitlement of the child, under the supervision of the child's
3-6 parent, guardian or custodian, not that of any school of any kind,
3-7 and shall be paid to the school solely as a means of administrative
3-8 convenience.
3-9 (1) If a child attends a public school, 100 percent of
3-10 the scholarship shall go to the child's public school district.
3-11 (2) A child who is educationally disadvantaged, as
3-12 defined by the legislature, 80 percent of the child's scholarship
3-13 shall go to that free school. The remainder of the child's
3-14 scholarship will go to the public school district the child would
3-15 otherwise attend on the basis of residence.
3-16 Sec. 21.805. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
3-17 SCHOOLS. (a) Freedom of Religion-The United States Constitution
3-18 and the Texas Constitution both guarantee the right to the free
3-19 exercise of religion of the parents and child, through their
3-20 parent, guardian, or custodian, and such right shall not be
3-21 abridged by the state or any government official, whether
3-22 executive, legislative, or judicial. The purpose of this provision
3-23 is not to aid or inhibit religious education, nor is it to prohibit
3-24 the free exercise of religion, but to neutrally provide equal
3-25 educational benefits to all citizens, regardless of religious
3-26 affiliation or lack thereof.
3-27 (b) In order to receive the child's education scholarship
4-1 allotment, the free school selected by the child must certify to
4-2 the child's resident public school district that it has complied
4-3 with the following conditions:
4-4 (1) Positions Filled by Lottery - If the school has
4-5 more applicants than positions, it must fill the positions by
4-6 lottery. A free school may give preference to current students for
4-7 the sake of continuity, and preference may be given to students
4-8 residing in the same household for the sake of custodial
4-9 convenience.
4-10 (2) Limit on Tuition - If the free school accepts any
4-11 state public education scholarship money, it may charge no
4-12 individual student more than the amount of the child's scholarship.
4-13 (3) No free school accepting state public education
4-14 scholarship funds may refuse to admit students on the basis of
4-15 residence, race, national origin, ethnic background, or academic
4-16 achievement.
4-17 Sec. 21.806. NONSTATE ACTION AND FREE SCHOOL AUTONOMY.
4-18 Nothing in this subchapter shall turn a free school which accepts a
4-19 child's public education scholarship into an agent or arm of the
4-20 government, and the conduct of such institution shall be governed
4-21 by the law governing private conduct, not state action. The
4-22 purpose of this legislation is to allow maximum freedom to the
4-23 private sector to respond to educational needs and without
4-24 excessive government control and shall be liberally construed to
4-25 that end. Free schools are not subject to any educational
4-26 regulations or statutes except those hereafter adopted by a
4-27 two-thirds vote of both houses of the legislature.
5-1 Sec. 21.807. ACCOUNTABILITY. All students attending public
5-2 or free schools shall be required to take standardized testing as
5-3 required by state law. The results of the tests shall be published
5-4 and copies of the statewide scores shall be made available for
5-5 parental inspection at each public or free school. Private schools
5-6 may participate in testing if they desire.
5-7 Sec. 21.808. LEGISLATIVE AUTHORITY. The legislature may
5-8 promulgate only those laws which are necessary and essential to the
5-9 effective implementation of this section, consistent with its
5-10 express provisions and purpose. Such laws, if any, will be subject
5-11 to strict scrutiny by the courts for the preservation of
5-12 educational freedom.
5-13 Sec. 21.809. REPORT TO LEGISLATURE. The Educational
5-14 Economic Policy Center shall report to the legislature on the
5-15 success of the education scholarship program not later than January
5-16 1, 1995.
5-17 SECTION 2. The Educational Economic Policy Center shall
5-18 implement the education scholarship program provided for under this
5-19 Act beginning with the 1993-1994 school year.
5-20 SECTION 3. The importance of this legislation and the
5-21 crowded condition of the calendars in both houses create an
5-22 emergency and an imperative public necessity that the
5-23 constitutional rule requiring bills to be read on three several
5-24 days in each house be suspended, and this rule is hereby suspended,
5-25 and that this Act take effect and be in force from and after its
5-26 passage, and it is so enacted.