SRC-JRN S.B. 1206 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1206
By: Bivins
Education
3-16-97
As Filed


DIGEST 

Currently, no state law exists that relates to the creation of a public
education scholarship pilot program for children assigned to attend
certain low-performing public schools.  Students attending a public school
at which fewer than 50 percent of the students passed any reading,
writing, or math section of the TAAS test and not chosen to attend school
districts under the Public Education Grant may be targeted for the Public
Education Scholarship program.   This bill creates a public education
scholarship pilot program for children assigned to attend certain
low-performing schools.  

PURPOSE

As proposed, S.B. 1206 creates a public education scholarship pilot
program for children assigned to attend certain low-performing schools.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of education in
SECTION 1 (Sections 29.365 and 29.367, Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 29, Education Code, by adding Subchapter J, as
follows: 

SUBCHAPTER J.  PUBLIC EDUCATION SCHOLARSHIP PILOT PROGRAM

Sec. 29.351. DEFINITIONS.  Defines "free school," "parent," and "private
school." 

Sec. 29.352. ELIGIBILITY OF CHILD FOR PUBLIC EDUCATION SCHOLARSHIP.
Provides that a child is eligible for a public education scholarship if
certain qualifications are met.  Provides that a student does not become
ineligible for the scholarship because the public school to which the
student would be assigned if the student were attending public school no
longer meets the criteria under Subsection (a)(1), after a student has
used a public education scholarship. 

Sec. 29.353. PARENTAL CHOICE.  Requires a school district to notify the
parent of each child assigned to attend a campus described by Section
29.352(a)(1) of a child's eligibility for a public education grant.
Provides that if the parent chooses another district under Section 29.201
and the district rejects the child under Section 29.203, the child is
eligible to attend a free school as provided by this subchapter.  Provides
that a child may attend private school but prohibits the child from
receiving funding from state and local sources for purposes under this
subchapter. 

Sec. 29.354. FINANCING.  Provides that each school district is entitled to
receive state funding as provided by Chapter 42 and other law.  Provides
that a child meeting eligibility requirements under Section 25.001 but who
attends a free school registered with the district under this subchapter
is to be considered in determining the district's average daily attendance
(ADA) under Section 42.005.  Requires the commissioner of education
(commissioner) to adopt a procedure that a free school shall use to report
the ADA of any student for whom the free school is receiving public
education scholarship funds under this  subchapter.   

Sec. 29.355. PUBLIC EDUCATION SCHOLARSHIP. Provides that a child's public
education scholarship is the amount of allotted state and local funds per
student for the district in which the child resides.  Sets forth a
provision for a child's public education scholarship as an entitlement.
Sets forth requirements for the state portion of funds to be allocated for
the public education scholarship.  Sets forth the requirements for the
local portion of funds to be allocated for the public education
scholarship.  Provides that an eligible child who attends a free school is
entitled to 80 percent of the child's public education scholarship.
Prohibits a free school from sharing with, refunding to, or rebating to
the parent or child the child's public education scholarship, in any
manner.  Provides that the school district a child would attend on the
basis of residence is entitled to the remainder of the child's public
education scholarship funds. 

Sec. 29.356. TRANSPORTATION BY DISTRICT.  Requires a school district to
offer each child attending a free school free transportation to the extent
the district would be required to provide if the child were attending that
public school. 

Sec. 29.357. CONDITIONS FOR RECEIPT OF FUNDS BY FREE SCHOOLS.  Requires
the free school selected for or by a child to certify to the comptroller
that the school has complied with the conditions imposed by Sections
29.358-29.365 to receive a child's public education scholarship funds.   

Sec. 29.358. ACCREDITATION.  Requires a free school included in the public
education pilot program to be accredited by a private organization
recognized by the commissioner under certain exceptions.  Prohibits a
newly established free school that is not accredited before the second
anniversary of the date the school begins operation from participating in
the public education scholarship pilot program. 

Sec. 29.359. ADMISSIONS.  Prohibits a free school from refusing to enroll
a child on the basis of the child's residence, race, national origin,
ethnic background, religion, physical or mental ability or disability, or
academic achievement.  Prohibits a free school from considering athletic
ability or the amount of a public education scholarship in any admission
process.  Authorizes a free school to refuse to enroll a child who has
been expelled from a school district during the term of alternative
education program placement or expulsion. Requires a free school having
more applicants than available positions to give priority to students at
risk of dropping out of school as defined by Section 29.081 and to fill
other positions by lottery, except as provided by Subsection (e).
Requires a free school to declare the number of available positions and
conduct the lottery for the next school year by July 1 of each year.
Authorizes a free school to give preference over at-risk student to
enrolled students and other persons residing in the household or siblings
related to enrolled students for the convenience of parents of those
children, to achieve continuity in education.   

Sec. 29.360. SPECIAL EDUCATION SERVICES.  Requires a free school to
provide the educational and related services identified by the
individualized education plan for each child with a disability attending
the school with a public education scholarship, directly or contractually
with certain other schools.  Sets forth procedures for a free school to
develop a child's individualized education plan.  Prohibits the
individualized education plan of a child from being implemented without
the written approval of the child's parent.  Sets forth actions to be
taken if a parent objects to the plan. 

Sec. 29.361. BILINGUAL EDUCATION SERVICES.  Requires a free school to
comply with requirements related to bilingual education under Subchapter B
in the same manner as a school district. 

Sec. 29.362. LUNCH; TRANSPORTATION.  Requires a free school to use a
portion of the public education scholarship funds it receives to provide
lunch and transportation to the school for each eligible child attending
the school under this subchapter.  Provides that transportation is
required only from the public school the child would otherwise attend.   
 
Sec. 29.363. TUITION; ADDITIONAL CHARGES AND FEES.  Prohibits a free
public school from charging or assessing certain fees for eligible
children attending  free public schools. 

Sec. 29.364. EXPULSION OF STUDENTS.  Prohibits a free school from
expelling a student unless the student engages in an activity for which
the student may be expelled under Section 37.007. 

Sec. 29.365. ACCOUNTABILITY.  Requires each free school to report
information concerning the school's performance on the academic excellence
indicators under Section 39.051 to the commissioner.  Requires each free
school to administer an assessment instrument required under Chapter 39B,
in a certain manner.  Requires the commissioner to adopt rules and
procedures for the administration of state-required assessment instruments
in free schools, to ensure the security of the testing instrument.  Sets
forth requirements for the commissioner to report and publish student
assessment results in a manner that allows comparisons between students
attending free schools and students attending public schools, for the
purpose of demonstrating the effectiveness of the public education
scholarship pilot program.  

Sec. 29.366. EVALUATION OF PUBLIC EDUCATION SCHOLARSHIP PILOT PROGRAM.
Requires the State Board of Education to designate an impartial
organization with experience in evaluating school choice programs to
annually evaluate the public education scholarship pilot program.
Requires an evaluation under this section to include a comparison of
certain factors before and after implementation of the program.  Sets
forth the requirement for the examination of effects the program has on
children meeting certain requirements. 

Sec. 29.367. DUTIES OF COMPTROLLER.  Requires the comptroller to adopt
rules, procedures, and forms for the payment of public education
scholarships to the free schools on behalf of parents of students
attending free schools.  Requires the comptroller's rules to provide for
payment to a free school only after the school provides services and to
the extent students receiving public education scholarships attend school. 

Sec. 29.368. STATUS OF FREE SCHOOLS.  Provides that a free school is not a
government agent or instrumentality, and the conduct of a free school is
governed by law governing private conduct rather than law governing state
action, except as required by certain laws.  Provides that the purpose of
this subchapter is to allow maximum freedom to the private sector to
respond to educational needs without excessive government control.
Requires this subchapter to be liberally construed.  Prohibits certain
persons from regulating the education program of a free school, except as
necessary to ensure the school's compliance with this title. 

Sec. 29.369. EXPIRATION.  Provides that this subchapter expires AUgust 31,
2009. 

SECTION 2. Requires the State Board of Education to implement the public
education scholarship pilot program as provided by Chapter 29J, Education
Code, beginning with the 1998-1999 school year. 

SECTION 3. Emergency clause.
  Effective date: upon passage.