By Grusendorf H.B. No. 301
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 education of elementary and/or secondary
1-21 students between the general scholastic ages that accepts students
1-22 funded by the state under this program in lieu of tuition.
1-23 (3) "Private school" means a nongovernmental
2-1 educational establishment that does not accept state scholarships
2-2 funded by the state under this program in lieu of tuition.
2-3 (4) "Educationally disadvantaged" means a student
2-4 enrolled in the national school lunch program for free or reduced
2-5 price lunch.
2-6 Sec. 21.803. PARENTAL CHOICE. The Center for the Study of
2-7 Educational Reform at the University of North Texas, Denton, Texas
2-8 shall designate 60 school districts in the state to participate in
2-9 a public education scholarship program. Notwithstanding any other
2-10 provision, every school-age child that resides in a participating
2-11 district and that qualifies as educationally disadvantaged shall be
2-12 entitled to attend with the public financial aid the public school
2-13 or free school chosen for them by their parent, guardian, or
2-14 custodian, subject to availability. Each child's choice will be
2-15 registered with the central office of the public school district of
2-16 his residence in order to obtain public financing. Students may
2-17 always attend private school at their expense and such students
2-18 shall not be required to register their choice with the resident
2-19 district.
2-20 Sec. 21.804. FINANCING. Each participating public school
2-21 district currently existing or hereafter created under the
2-22 Education Code, shall obtain its public financing as prescribed by
2-23 law. However, funding formulas for all participating school
2-24 districts must be based on student attendance and must include all
2-25 school-age children residing in the district and registering their
3-1 choice with the district, even if they do not choose to attend
3-2 school at a public school in their district of residence. The
3-3 total funding received by each participating district from state
3-4 and local sources will be divided on a category-of-student basis
3-5 according to formulas to be adopted by law which may include
3-6 different amounts for different categories of students. The total
3-7 per student funding amount, including both state and local funding,
3-8 excluding debt service, per category of student shall constitute
3-9 the child's public education scholarship. The child's public
3-10 education scholarship is the entitlement of the child, under the
3-11 supervision of the child's parent, guardian or custodian, not that
3-12 of any school of any kind, and shall be paid to the school solely
3-13 as a means of administrative convenience.
3-14 (1) If a child attends a public school, 100 percent of
3-15 the scholarship shall go to the child's public school district.
3-16 (2) If a child who is educationally disadvantaged, as
3-17 defined by the legislature, attends a free school, 80 percent of
3-18 the child's scholarship shall go to that free school. The
3-19 remainder of the child's scholarship will go to the public school
3-20 district the child would otherwise attend on the basis of
3-21 residence. Each school district may offer transportation free of
3-22 charge to each free school student to and from the public school
3-23 the student would otherwise attend.
3-24 Sec. 21.805. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
3-25 SCHOOLS. (a) Freedom of Religion - The United States Constitution
4-1 and the Texas Constitution both guarantee the right to the free
4-2 exercise of religion of the parents and child, through their
4-3 parent, guardian, or custodian, and such right shall not be
4-4 abridged by the state or any government official, whether
4-5 executive, legislative, or judicial. The purpose of this provision
4-6 is not to aid or inhibit religious education, nor is it to prohibit
4-7 the free exercise of religion, but to neutrally provide equal
4-8 educational benefits to all citizens, regardless of religious
4-9 affiliation or lack thereof.
4-10 (b) In order to receive the child's education scholarship
4-11 allotment, the free school selected by the child must certify to
4-12 the child's resident public school district that it has complied
4-13 with the following conditions with respect to those students who
4-14 use a public education scholarship:
4-15 (1) Positions Filled by Lottery - If the school has
4-16 more applicants than positions, it must fill the positions by
4-17 lottery. A free school may give preference to current students for
4-18 the sake of continuity, and preference may be given to students
4-19 residing in the same household for the sake of custodial
4-20 convenience.
4-21 (2) Limit on Tuition - If the free school accepts any
4-22 state public education scholarship money, it may charge no
4-23 individual student receiving such a scholarship more than the
4-24 amount of the child's scholarship.
4-25 (3) No free school accepting state public education
5-1 scholarship funds may refuse to admit students on the basis of
5-2 residence, race, national origin, ethnic background, or academic
5-3 achievement.
5-4 (4) Each free school shall reasonably accommodate,
5-5 either directly or contractually with other free schools or public
5-6 schools, the educational needs of each student with a disability
5-7 attending the school. The cost of reasonable accommodation of
5-8 those educational needs shall be part of that child's public
5-9 education scholarship. A child's individual education plan
5-10 developed by the public school district of the student's residence
5-11 determines the nature and cost of any reasonable accommodation.
5-12 The free school is responsible for providing only those reasonable
5-13 accommodations whose costs are provided for by the child's public
5-14 education scholarship.
5-15 Sec. 21.806. NONSTATE ACTION AND FREE SCHOOL AUTONOMY.
5-16 Nothing in this subchapter shall turn a free school which accepts a
5-17 child's public education scholarship into an agent or arm of the
5-18 government, and the conduct of such institution shall be governed
5-19 by the law governing private conduct, not state action. The
5-20 purpose of this legislation is to allow maximum freedom to the
5-21 private sector to respond to educational needs and without
5-22 excessive government control and shall be liberally construed to
5-23 that end. Free schools are not subject to any educational
5-24 regulations or statutes except those hereafter adopted by a
5-25 majority vote of both houses of the legislature.
6-1 Sec. 21.807. ACCOUNTABILITY. All students receiving a
6-2 public education scholarship shall be required to take standardized
6-3 testing as required by state law. The results of the tests shall
6-4 be published and copies of the statewide scores shall be made
6-5 available for parental inspection at each public or free school.
6-6 Private schools may participate in testing if they desire. Payment
6-7 to a religious or parochial school selected by a child's parents
6-8 shall not constitute aid to any church, sect, religious
6-9 denomination, or sectarian institution. Decisions by parents shall
6-10 be freely made without coercion or encouragement by any government
6-11 official.
6-12 Sec. 21.808. LEGISLATIVE AUTHORITY. The state may
6-13 promulgate only those rules which are necessary and essential to
6-14 the implementation of this subchapter, consistent with express
6-15 provisions and purpose. Such rules, if any, will be subject to
6-16 strict scrutiny by the courts for the preservation of educational
6-17 freedom.
6-18 Sec. 21.809. REPORT TO LEGISLATURE. The Center for the
6-19 Study of Educational Reform at the University of North Texas in
6-20 Denton, Texas shall report to the legislature on the success of the
6-21 education scholarship program not later than January 1, 1997.
6-22 SECTION 2. (a) The Texas Comptroller shall implement the
6-23 education scholarship program provided for under the Act beginning
6-24 with the 1995-1996 school year.
6-25 (b) Notwithstanding Section 311.025, Government Code, this
7-1 act prevails over any revision, recodification, or reenactment of
7-2 Titles 1 and 2 of the Education Code by the 74th Legislature.
7-3 SECTION 3. The importance of this legislation and the
7-4 crowded condition of the calendars in both houses create an
7-5 emergency and an imperative public necessity that the
7-6 constitutional rule requiring bills to be read on three several
7-7 days in each house be suspended, and this rule is hereby suspended,
7-8 and that this Act take effect and be in force from and after its
7-9 passage, and it is so enacted.