Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Grusendorf H.B. No. 2395
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the public funding of primary and secondary education
1-3 through education scholarships.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 29, Education Code, is amended by adding
1-6 Subchapter J to read as follows:
1-7 SUBCHAPTER J. PUBLIC EDUCATION SCHOLARSHIP PILOT PROGRAM
1-8 Sec. 29.351. 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. 29.352. DEFINITIONS. In this subchapter:
1-16 (1) "Educationally disadvantaged" means a student
1-17 enrolled in the national school lunch program for free or reduced
1-18 price lunch.
1-19 (2) "Public school" means any school that is solely
1-20 administered, operated, and staffed by governmental employees.
1-21 (3) "Free school" means a nongovernmental educational
1-22 establishment that exists for the general education of elementary
1-23 and/or secondary students and that accepts funding from state and
1-24 local sources as provided by this subchapter in lieu of tuition for
2-1 some or all of its students. A "free school" does not include a
2-2 school that limits enrollment to relatives of the staff of the
2-3 school.
2-4 (4) "Private school" means a nongovernmental
2-5 educational establishment that does not accept funding from state
2-6 and local sources as provided by this subchapter in lieu of
2-7 tuition.
2-8 (5) "Parent" includes a person standing in parental
2-9 relation to a child.
2-10 Sec. 29.353. DESIGNATION OF SCHOOL DISTRICTS; PARENTAL
2-11 CHOICE. (a) The Center for the Study of Educational Reform of the
2-12 University of North Texas in Denton, Texas shall designate 60
2-13 school districts to participate in a public education scholarship
2-14 program.
2-15 (b) A school district participating in the public education
2-16 scholarship pilot program shall notify the parent of each eligible
2-17 child of the child's eligibility to attend a free school as
2-18 provided by this subchapter.
2-19 (c) Notwithstanding any other provision of this code, each
2-20 eligible child in a participating school district is entitled to
2-21 attend, with public financial aid, the public school or free school
2-22 chosen by the child's parent, subject to availability, as provided
2-23 in this subchapter.
2-24 (d) A child may attend private school but may not receive
2-25 funding from state and local sources for that purpose under this
2-26 subchapter. A child attending a private or free school without a
2-27 public education scholarship may not be required to register with
2-28 the resident district.
2-29 Sec. 29.354. FINANCING. (a) Each participating school
2-30 district is entitled to receive state funding as provided by
3-1 Chapter 42 and other law.
3-2 (b) A child eligible under Section 25.001 to attend school
3-3 in a participating school district but who attends a free school
3-4 under this subchapter and who voluntarily registers that free
3-5 school choice with the district shall be considered in determining
3-6 the district's average daily attendance under Section 42.005. The
3-7 child's district of residence shall adopt a procedure that a free
3-8 school shall use to report the average daily attendance of any
3-9 student for whom the free school is receiving public education
3-10 scholarship funds under this subchapter.
3-11 (c) Funding for a school district participating in the
3-12 public education scholarship program is based on student
3-13 attendance, including all school-age children residing in the
3-14 district who receive public education scholarship funds, regardless
3-15 of the type or location of the school the child attends. From the
3-16 preceding fiscal year, the total average per student funding amount
3-17 for maintenance and operation, including local funding and state
3-18 funding and funding based on special categories of students, except
3-19 for funds from the available school fund and federal funds, shall
3-20 constitute the child's public education scholarship.
3-21 (d) Each public school district chosen under Section 29.353
3-22 shall distribute to each eligible child's parent a certificate
3-23 detailing the amount of each eligible child's scholarship. The
3-24 certificate shall be presented to the child's school of choice in
3-25 lieu of direct payment.
3-26 (e) The free school, or public school outside a child's
3-27 district of residence, must present the child's certificate to the
3-28 child's district of residence in order to receive payment. The
3-29 child's public education scholarship is the entitlement of the
3-30 child, under the supervision of the child's parent and not that of
4-1 any school. The public education scholarship shall be paid to a
4-2 free school or other public school district solely as a means of
4-3 administrative convenience by the district of the child's residence
4-4 upon presentation of the certificate by the free school. The
4-5 district must pay the school on a monthly pro rata basis after
4-6 services have been rendered.
4-7 (f) A school district shall retain 100 percent of the public
4-8 education scholarship of a child who resides in the district and
4-9 attends a public school of the district. If a child resides in a
4-10 school district and attends a public school of another school
4-11 district, the district in which the child resides shall transfer
4-12 100 percent of the child's public education scholarship to the
4-13 district in which the child attends school. If a child resides in
4-14 a school district and attends a free school, the district in which
4-15 the child resides shall:
4-16 (1) retain 20 percent of the child's public education
4-17 scholarship; and
4-18 (2) transfer 80 percent of the child's public
4-19 education scholarship to the free school the child attends.
4-20 (g) A free school may not share, refund, or rebate the
4-21 child's public education scholarship with the parent or child in
4-22 any manner. A free school may not charge an eligible child
4-23 attending the school under this subchapter tuition in addition to
4-24 the public education scholarship.
4-25 Sec. 29.355. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
4-26 SCHOOLS. (a) To receive a child's public education scholarship
4-27 allotment, a free school selected by the child's parent must
4-28 certify to the school district in which the child resides that,
4-29 with respect to each scholarship student, the free school will not
4-30 refuse to admit a student on the basis of the student's residence,
5-1 race, national origin, ethnic background, or religion, except that
5-2 continued enrollment may be based on academic or disciplinary
5-3 standards the free school establishes.
5-4 (b) A free school that has more public education scholarship
5-5 applicants than available positions must fill the available
5-6 positions by a random selection process. A free school must
5-7 declare the number of available positions to conduct the selection
5-8 for the next school year. However, to achieve continuity in
5-9 education, a free school may give preference to enrolled students
5-10 and to the siblings of enrolled students residing in the same
5-11 household or other children residing in the same household as
5-12 enrolled students for the convenience of the parents of those
5-13 children.
5-14 (c) Each student attending a free school shall be assessed
5-15 as required by Subchapter B, Chapter 39. The aggregate results of
5-16 the assessment instruments shall be published and copies of the
5-17 statewide scores shall be made available for parental inspection at
5-18 each public or free school.
5-19 Sec. 29.356. TRANSPORTATION. Each school district shall
5-20 offer transportation free of charge to a free school student to and
5-21 from the public school the student would otherwise attend.
5-22 Sec. 29.357. NONSTATE ACTION AND FREE SCHOOL AUTONOMY. (a)
5-23 A free school that accepts a public education scholarship as
5-24 provided by this subchapter is not an agent or arm of the
5-25 government, and the conduct of the free school is governed by the
5-26 law governing private conduct, not state action.
5-27 (b) A free school is not subject to any educational statute
5-28 or rule except:
5-29 (1) this subchapter; or
5-30 (2) a statute that specifically applies to free
6-1 schools and that is adopted after August 31, 1997.
6-2 (c) The purpose of this subchapter is to allow educators and
6-3 parents maximum freedom to respond to educational needs without
6-4 excessive government control, and this subchapter shall be
6-5 liberally construed to achieve that purpose.
6-6 Sec. 29.358. STUDENTS WITH DISABILITIES. Each free school
6-7 shall reasonably accommodate, either directly or contractually with
6-8 other free schools or public schools, the educational needs of each
6-9 student with a disability attending the school. The cost of
6-10 reasonable accommodation of those educational needs, as those needs
6-11 are determined by the child's school district of residence, shall
6-12 be added to the child's public education scholarship. Except as
6-13 required by applicable federal law, if any, the free school is
6-14 responsible for providing only those reasonable accommodations
6-15 whose costs are provided for by the child's public education
6-16 scholarship.
6-17 Sec. 29.359. REPORT TO LEGISLATURE. The Center for the
6-18 Study of Educational Reform at the University of North Texas in
6-19 Denton, Texas shall report to the legislature on the success of the
6-20 education scholarship program not later than January 1, 2001.
6-21 SECTION 2. The Center for the Study of Educational Reform at
6-22 the University of North Texas shall implement the education
6-23 scholarship program provided for under this Act beginning with the
6-24 1997-1998 school year.
6-25 SECTION 3. The importance of this legislation and the
6-26 crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
6-28 constitutional rule requiring bills to be read on three several
6-29 days in each house be suspended, and this rule is hereby suspended,
6-30 and that this Act take effect and be in force from and after its
7-1 passage, and it is so enacted.