Floor Packet Page No. 43
      Amend CSHB 4 on page 86, lines 4-17, by striking SECTION 1.23
of the bill and substituting the following:
      SECTION 1.23.  Subchapter G, Chapter 29, Education Code, is
amended to read as follows:
           SUBCHAPTER G.  PUBLIC EDUCATION GRANT PROGRAM
      Sec. 29.201.  DEFINITION.  In this subchapter, "private
school" means a school that:
            (1)  offers a general education to elementary or
secondary students; and
            (2)  is not operated by a governmental entity.
      Sec. 29.202.  PARENTAL CHOICE.  Notwithstanding any other
provision of this code, as provided by this subchapter an eligible
student may attend a public school in the district in which the
student resides or may use a public education grant to attend a
public school in any other district or a private school chosen by
the student's parent.
      Sec. 29.203 <29.202>.  ELIGIBILITY.  Except as otherwise
provided by this section, a <A> student is eligible to receive  a
public education grant under this subchapter and to use that grant
to attend a public school in a district other than the district in
which the student resides or a private school if the public or
private school agrees to admit the student using the public
education grant.  For a child who is entitled to be admitted into
public school for the first time under Section 25.001(b) to be
eligible for a public education grant under this subchapter, the
student's parent must have given written notice to the district in
which the child intends to attend school or the private school the
child intends to attend at least three years before the date on
which the child enrolls in the district or private school, as
applicable <student is assigned to attend a public school campus:>
            <(1)  at which 50 percent or more of the students did
not perform satisfactorily on an assessment instrument administered
under Section 39.023(a) or (b) in the preceding three years; or>
            <(2)  that was, at any time in the preceding three
years, identified as low-performing by the commissioner under
Subchapter D, Chapter 39>.
      Sec. 29.204 <29.203>.  FINANCING.  (a)  A student <eligible
under Section 25.001 to attend school in a school district but>
who under this subchapter uses a public education grant to attend
<attends> a public school in a school <another>  district other
than the district in which the student resides or a private school
is included in the average daily attendance of the district in
which the student resides.  The district in which the student
attends school or the private school the child attends shall report
the student's attendance to the district in which the student
resides in accordance with rules adopted by the commissioner.
      (b)  A student's public education grant is an amount of state
and local funds equal to the total of state and local funding that
would be guaranteed under Chapter 42 on the basis of the student's
attendance if the student attended a public school in the district
in which the student resides.  The commissioner shall adopt rules
for determining the amount of and manner of payment of the public
education grant under this subsection.  <A student's public
education grant is the total state and local funding per student
for the school district in which the student resides.  Total
funding from state and local sources includes special allotments
under Subchapter C, Chapter 42, but does not include small
district, sparsity, and cost of education adjustments and
allotments for technology and transportation.>  A student's public
education grant is the entitlement of the student, under the
supervision of the student's parent, guardian, or custodian and<,>
is not an entitlement of any school, including a private school
<district, and is paid to a school district solely as a means of
administrative convenience>.
      (c)  A school district or a private school chosen by a
student's parent under Section 29.202 <29.201> is entitled to
accept or reject the application for the student to attend school
in that district or at that private school, as applicable, but may
not use criteria that discriminate on the basis of a student's
race, ethnicity, academic achievement, athletic abilities, language
proficiency, sex, or socioeconomic status.  <A school district that
has more acceptable applicants for attendance under this subchapter
than available positions must give priority to students at risk of
dropping out of school as defined by Section 29.081 and must fill
the available positions by lottery.  However, to achieve continuity
in education, a school district may give preference over at-risk
students to enrolled students and to the siblings of enrolled
students residing in the same household or other children residing
in the same household as enrolled students for the convenience of
parents, guardians, or custodians of those children.>
      (d)  <A school district chosen by a student's parent under
Section 29.201 may not charge the student tuition in addition to
the public education grant or charge tuition that is greater than
the district's average expenditure per student.>  The school
district in which the student resides is entitled to $1,000 <the
remainder, if any,> of the student's public education grant
<funds>.  The commissioner shall retain $1,000 of the student's
public education grant.   The foundation school fund money the
commissioner retains under this subsection must be used for
foundation school fund purposes.
      (e)  The school district in which a student resides shall
provide each student attending a school in another district or
attending a private school under this subchapter transportation
free of charge to and from the school the student would otherwise
attend.