By: Ratliff S.B. No. 1375
73R8309 CAS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of parents of educationally disadvantaged
1-3 children to choose the school their children attend through the use
1-4 of education scholarships.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 21, Education Code, is amended by adding
1-7 Subchapter W to read as follows:
1-8 SUBCHAPTER W. PUBLIC EDUCATION SCHOLARSHIP PROGRAM
1-9 Sec. 21.801. PURPOSE. A system of public free schools may
1-10 be established to allow parents of educationally disadvantaged
1-11 children the freedom to choose between a public or a free school
1-12 for their children and to financially support that choice.
1-13 Sec. 21.802. DEFINITIONS. In this subchapter:
1-14 (1) "Educationally disadvantaged" means eligible to
1-15 participate in the free and reduced-price lunch program established
1-16 under 42 U.S.C. Section 1751 et seq.
1-17 (2) "Free school" means a nongovernmental educational
1-18 establishment that exists for the general education of elementary
1-19 or secondary students who satisfy age requirements for public
1-20 school admission under Section 21.031(b) of this code and that
1-21 accepts state funding as provided by this subchapter in lieu of
1-22 tuition.
1-23 (3) "Private school" means a nongovernmental
1-24 educational establishment that does not accept state funding as
2-1 provided by this subchapter in lieu of tuition.
2-2 (4) "Public school" means any school that is
2-3 administered, operated, and staffed by public employees.
2-4 Sec. 21.803. PARENTAL CHOICE. (a) The Educational Economic
2-5 Policy Committee created under Section 34.052 of this code shall
2-6 designate at least 60 school districts to participate in a public
2-7 education scholarship program as provided by this subchapter.
2-8 (b) Notwithstanding any other provision of this code, each
2-9 child who is eligible to attend school under Section 21.031 of this
2-10 code in a school district participating in the public education
2-11 scholarship program and who is educationally disadvantaged is
2-12 entitled to attend either a public school in the district or the
2-13 free school chosen for the child by the child's parent, guardian,
2-14 or custodian as provided by this subchapter.
2-15 (c) A child may attend private school but may not receive
2-16 state funding for that purpose.
2-17 Sec. 21.804. FINANCING. (a) Each school district
2-18 participating in the public education scholarship program under
2-19 this subchapter is entitled to receive state funding as provided by
2-20 Chapter 16 of this code and other law.
2-21 (b) A child eligible under Section 21.031 of this code to
2-22 attend school in a participating school district but who attends a
2-23 free school under the public education scholarship program and who
2-24 registers that free school choice with the district shall be
2-25 considered in determining the district's average daily attendance
2-26 under Section 16.006 of this code. The commissioner of education
2-27 shall adopt a procedure a free school shall use to report the
3-1 average daily attendance of any student for whom the free school is
3-2 receiving public education scholarship funds under this subchapter.
3-3 (c) Total funding from state and local sources available for
3-4 public education scholarships must include special allotments under
3-5 Subchapter D, Chapter 16, of this code, other than allotments for
3-6 technology, career ladder, or transportation. The total per
3-7 student funding amount, including both state and local funding,
3-8 constitutes the child's public education scholarship. The child's
3-9 public education scholarship is the entitlement of the child, under
3-10 the supervision of the child's parent, guardian, or custodian, not
3-11 that of any school of any kind, and shall be paid to the school
3-12 solely as a means of administrative convenience.
3-13 (d) If a child who is educationally disadvantaged attends a
3-14 free school, the free school is entitled to receive 90 percent of
3-15 the child's public education scholarship funds. The school
3-16 district the child would otherwise attend on the basis of residence
3-17 is entitled to the remainder of the scholarship funds. Each school
3-18 district shall offer transportation free of charge to each free
3-19 school student to and from the public school the student would
3-20 otherwise attend.
3-21 Sec. 21.805. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
3-22 SCHOOLS. (a) To receive a child's public education scholarship
3-23 funds, the free school selected by the child must certify to the
3-24 comptroller that it has complied with the conditions imposed by
3-25 this section.
3-26 (b) A free school that has more applicants than available
3-27 positions shall fill the positions by lottery. However, a free
4-1 school may give preference to enrolled students to achieve
4-2 continuity in education and to the siblings of enrolled students
4-3 residing in the same household or other coresidents of enrolled
4-4 students for the convenience of the parents, guardians, or other
4-5 custodians of those children.
4-6 (c) A free school may not charge a student for whom the
4-7 school is receiving public education scholarship funds more than 90
4-8 percent of the amount of the child's scholarship.
4-9 (d) A free school may not refuse to admit a student on the
4-10 basis of the student's residence, race, national origin, ethnic
4-11 background, physical or mental disability, or academic achievement.
4-12 Each free school shall reasonably accommodate, either directly or
4-13 contractually with other free schools or public schools, the
4-14 educational needs of each student with a disability attending the
4-15 school. The cost of reasonable accommodation of those educational
4-16 needs shall be part of that child's public education scholarship.
4-17 A child's individual education plan developed by the public school
4-18 district of the student's residence determines the nature and cost
4-19 of any reasonable accommodation. The free school is responsible
4-20 for providing only those reasonable accommodations whose costs are
4-21 provided for by the child's public education scholarship.
4-22 Sec. 21.806. NONSTATE ACTION AND FREE SCHOOL AUTONOMY. A
4-23 free school is not an agent or instrumentality of government, and
4-24 the conduct of the free school is governed by law governing private
4-25 conduct rather than law governing state action. The purpose of
4-26 this subchapter is to allow maximum freedom to the private sector
4-27 to respond to educational needs without excessive government
5-1 control, and this subchapter shall be liberally construed to
5-2 achieve that purpose.
5-3 Sec. 21.807. ACCOUNTABILITY. Each free school shall
5-4 administer to its students any assessment instrument required under
5-5 Subchapter O of this chapter in the same manner as the assessment
5-6 instrument is administered to public school students. The results
5-7 of the assessment instruments under that subchapter shall be
5-8 published, and copies of the statewide scores shall be made
5-9 available for parental inspection at each public school and free
5-10 school.
5-11 Sec. 21.808. COMPTROLLER. The comptroller shall adopt
5-12 forms, procedures, and rules governing the implementation of
5-13 payment of public education scholarships to the free schools on
5-14 behalf of parents, guardians, and custodians of those students
5-15 attending free schools. The comptroller may not regulate the
5-16 educational program of free schools.
5-17 Sec. 21.809. REPORT TO LEGISLATURE. The Educational
5-18 Economic Policy Center shall report to the legislature on the
5-19 success of the public education scholarship program not later than
5-20 January 1, 1996, and each succeeding January 1 through January 1,
5-21 2000. This section expires February 1, 2000.
5-22 SECTION 2. The Educational Economic Policy Center shall
5-23 implement the public education scholarship program provided for
5-24 under Subchapter W, Chapter 21, Education Code, as added by this
5-25 Act, beginning with the 1993-1994 school year.
5-26 SECTION 3. The importance of this legislation and the
5-27 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended,
6-4 and that this Act take effect and be in force from and after its
6-5 passage, and it is so enacted.