1-1 By: Bivins, Nelson S.B. No. 1206
1-2 (In the Senate - Filed March 12, 1997; March 17, 1997, read
1-3 first time and referred to Committee on Education; April 21, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 6, Nays 4; April 21, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1206 By: Bivins
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to creation of a public education scholarship pilot
1-10 program for children assigned to attend certain low-performing
1-11 public schools and to the funding of public education grants.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Chapter 29, Education Code, is amended by adding
1-14 Subchapter J to read as follows:
1-15 SUBCHAPTER J. PUBLIC EDUCATION SCHOLARSHIP PILOT PROGRAM
1-16 Sec. 29.351. DEFINITIONS. In this subchapter:
1-17 (1) "Free school" means a nongovernmental educational
1-18 establishment that exists for the general education of elementary
1-19 or secondary students and that accepts funding from state and local
1-20 sources as provided by this subchapter in lieu of tuition for some
1-21 or all of its students. The term does not include a school that
1-22 provides education in a home setting or by the parent or that
1-23 limits enrollment to relatives of the staff of the school.
1-24 (2) "Parent" includes a guardian or custodian.
1-25 (3) "Private school" means a nongovernmental
1-26 educational establishment that does not accept funding from state
1-27 and local sources as provided by this subchapter in lieu of
1-28 tuition.
1-29 Sec. 29.352. ELIGIBILITY OF CHILD FOR PUBLIC EDUCATION
1-30 SCHOLARSHIP. (a) A child is eligible for a public education
1-31 scholarship under this subchapter if:
1-32 (1) the child did not perform satisfactorily on an
1-33 assessment instrument administered under Section 39.023(a) in
1-34 reading, writing, or mathematics in the preceding three years;
1-35 (2) the child is assigned to attend a public school
1-36 campus, other than an alternative education campus, at which fewer
1-37 than 50 percent of the students performed satisfactorily on an
1-38 assessment instrument administered under Section 39.023(a) in
1-39 reading, writing, or mathematics during each of the preceding three
1-40 years;
1-41 (3) the child's parent has chosen a district under
1-42 Section 29.201 for the child to attend using a public education
1-43 grant;
1-44 (4) the district chosen by the child's parent has
1-45 rejected the child under Section 29.203;
1-46 (5) the child was not enrolled in a private school
1-47 during the current or preceding school year; and
1-48 (6) the child was not enrolled in a free school during
1-49 the current or preceding school year, unless the child attended the
1-50 free school using a public education scholarship.
1-51 (b) After a student has used a public education scholarship
1-52 to attend a free school, the student remains eligible for the
1-53 scholarship until the student again enrolls in a public school.
1-54 (c) In this section, "alternative education campus" means a
1-55 campus that provides:
1-56 (1) an alternative education program under Subchapter
1-57 A or C or under Subchapter A, Chapter 37; or
1-58 (2) a course of instruction to prepare for the high
1-59 school equivalency examination.
1-60 Sec. 29.353. PARENTAL CHOICE. (a) A school district shall
1-61 notify the parent of each child assigned to attend a campus
1-62 described by Section 29.352(a)(2) that the child is eligible for a
1-63 public education grant and that if the parent chooses another
1-64 district under Section 29.201 and that district rejects the child
2-1 under Section 29.203, the child is eligible to attend a free school
2-2 as provided by this subchapter.
2-3 (b) A child may attend private school but may not receive
2-4 funding from state and local sources for that purpose under this
2-5 subchapter.
2-6 Sec. 29.354. FINANCING. (a) Each school district is
2-7 entitled to receive state funding as provided by Chapter 42 and
2-8 other law.
2-9 (b) A child eligible under Section 25.001 to attend school
2-10 in a school district but who attends a free school under this
2-11 subchapter and who registers that free school choice with the
2-12 district shall be considered in determining the district's average
2-13 daily attendance under Section 42.005. The commissioner shall
2-14 adopt a procedure that a free school shall use to report the
2-15 average daily attendance of any student for whom the free school is
2-16 receiving public education scholarship funds under this subchapter.
2-17 Sec. 29.355. PUBLIC EDUCATION SCHOLARSHIP. (a) Except as
2-18 provided by Subsection (b), a child's public education scholarship
2-19 is the sum of state and local revenues per student in average daily
2-20 attendance under the Foundation School Program, including all
2-21 school district tax revenues and an amount determined by the
2-22 commissioner for each state fiscal biennium that represents the
2-23 average annual state expenditure per student for textbooks and the
2-24 technology allotment under Section 31.021(b)(2), but not including
2-25 the adjustments under Sections 42.103 and 42.105, special education
2-26 allotments under Section 42.151, transportation allotments under
2-27 Section 42.155, or any district expenditures for debt service for
2-28 the acquisition or improvement of facilities.
2-29 (b) For a student who is eligible for special education
2-30 services under Section 29.003, the commissioner shall adjust the
2-31 amount of the public education scholarship determined under
2-32 Subsection (a) so that the amount of the scholarship is not less
2-33 than the statewide average expenditure for a special education
2-34 student with similar disabilities.
2-35 (c) The district a child attending a free school under this
2-36 subchapter would otherwise attend on the basis of residence shall
2-37 pay 80 percent of the child's public education scholarship to the
2-38 free school. A free school may not share with, refund to, or
2-39 rebate to the parent or child in any manner the child's public
2-40 education scholarship. The school district the child would
2-41 otherwise attend is entitled to the remainder of the child's public
2-42 education scholarship funds.
2-43 Sec. 29.356. TRANSPORTATION BY DISTRICT. A school district
2-44 shall offer each child attending a free school under this
2-45 subchapter transportation free of charge to and from the public
2-46 school the child would otherwise attend to the extent the district
2-47 would be required to provide transportation if the child were
2-48 attending that public school.
2-49 Sec. 29.357. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
2-50 SCHOOLS. To receive a child's public education scholarship funds,
2-51 the free school selected for or by the child must certify to the
2-52 comptroller that the school has complied with the conditions
2-53 imposed by Sections 29.358 through 29.365.
2-54 Sec. 29.358. ACCREDITATION. A free school included in the
2-55 public education scholarship pilot program must be accredited by a
2-56 private organization recognized by the commissioner, except that a
2-57 newly established free school may operate without such
2-58 accreditation if the school applies for accreditation before
2-59 accepting students under the pilot program. A newly established
2-60 free school that is not accredited before the second anniversary of
2-61 the date the school begins operation may not participate in the
2-62 public education scholarship pilot program.
2-63 Sec. 29.359. ADMISSIONS. (a) A free school may not refuse
2-64 to enroll a child on the basis of the child's residence, race,
2-65 national origin, ethnic background, religion, physical or mental
2-66 ability or disability, or academic achievement.
2-67 (b) A free school may not consider athletic ability or the
2-68 amount of a public education scholarship in any admission process.
2-69 (c) A free school may refuse to enroll a child who has been
3-1 expelled from a school district during the term of alternative
3-2 education program placement or expulsion.
3-3 (d) Except as provided by Subsection (e), a free school that
3-4 has more public education scholarship applicants than available
3-5 positions must give priority to students at risk of dropping out of
3-6 school as defined by Section 29.081 and must fill other positions
3-7 by lottery. A free school must declare the number of available
3-8 positions and conduct the lottery for the next school year not
3-9 later than July 1 of each year.
3-10 (e) To achieve continuity in education, a free school may
3-11 give preference over at-risk students to enrolled students and to
3-12 the siblings of enrolled students residing in the same household or
3-13 other children residing in the same household as enrolled students
3-14 for the convenience of parents of those children.
3-15 Sec. 29.360. SPECIAL EDUCATION SERVICES. A free school
3-16 shall comply with requirements related to special education under
3-17 Subchapter A in the same manner as a school district.
3-18 Sec. 29.361. BILINGUAL EDUCATION SERVICES. A free school
3-19 shall comply with requirements related to bilingual education under
3-20 Subchapter B in the same manner as a school district.
3-21 Sec. 29.362. LUNCH; TRANSPORTATION. (a) A free school
3-22 shall use a portion of the public education scholarship funds it
3-23 receives to provide lunch for each eligible child attending the
3-24 school under this subchapter to the same extent a school district
3-25 is required by law to provide lunch for the child.
3-26 (b) A free school shall use a portion of the public
3-27 education scholarship funds it receives to provide transportation
3-28 to the school for each eligible child attending the school under
3-29 this subchapter. Transportation is required only from the public
3-30 school the child would otherwise attend. A free school is not
3-31 required to provide transportation for a student other than a
3-32 special education student from a point that is more than 20 miles
3-33 from the free school, measured along the shortest route that may be
3-34 traveled on public roads.
3-35 (c) For transportation costs under this section, a free
3-36 school may apply for and, on application, is entitled to receive an
3-37 amount equal to 80 percent of the maximum state allotment per mile
3-38 for transportation of eligible special education students. The
3-39 commissioner shall adopt rules for reimbursing free schools under
3-40 this subsection.
3-41 Sec. 29.363. TUITION; ADDITIONAL CHARGES AND FEES. A free
3-42 school may not:
3-43 (1) charge an eligible child attending the school
3-44 under this subchapter tuition in addition to the child's public
3-45 education scholarship; or
3-46 (2) assess any additional charge, other than a fee
3-47 that a board of trustees is authorized to charge under Section
3-48 11.158, for providing an educational program or service to such a
3-49 child.
3-50 Sec. 29.364. EXPULSION OF STUDENTS. A free school may not
3-51 expel a student unless the student engages in an activity for which
3-52 the student may be expelled under Section 37.007.
3-53 Sec. 29.365. ACCOUNTABILITY. (a) Each free school shall
3-54 report to the commissioner concerning the school's performance on
3-55 the academic excellence indicators under Section 39.051.
3-56 (b) Each free school shall administer an assessment
3-57 instrument required under Subchapter B, Chapter 39, in the same
3-58 manner as the assessment instrument is administered to public
3-59 school students. To ensure the security of the assessment
3-60 instrument and the validity of the results, the commissioner shall
3-61 adopt rules and procedures for the administration of state-required
3-62 assessment instruments in free schools.
3-63 (c) For the purpose of demonstrating the effectiveness of
3-64 the public education scholarship pilot program, the commissioner
3-65 shall report and publish student assessment results in a manner
3-66 that allows comparisons between students attending free schools and
3-67 students attending public schools. The commissioner's report must
3-68 show statewide results and district and campus results, if district
3-69 and campus results can be included without directly or indirectly
4-1 identifying the students assessed. Copies of the commissioner's
4-2 report shall be made available for public inspection at each public
4-3 school and free school.
4-4 (d) The commissioner may determine that a free school is not
4-5 eligible to continue receiving public education scholarship funds
4-6 if the percentage of students attending the free school who perform
4-7 satisfactorily on the assessment instruments required under
4-8 Subchapter B, Chapter 39, is such that the free school would be
4-9 considered low-performing under Subchapter D, Chapter 39, if it
4-10 were a public school campus. The commissioner shall promptly
4-11 notify the comptroller of the commissioner's determination under
4-12 this subsection.
4-13 Sec. 29.366. EVALUATION OF PUBLIC EDUCATION SCHOLARSHIP
4-14 PILOT PROGRAM. (a) The State Board of Education shall designate
4-15 an impartial organization with experience in evaluating school
4-16 choice programs to annually evaluate the public education
4-17 scholarship pilot program.
4-18 (b) An evaluation under this section must include a
4-19 comparison of each of the following factors before and after
4-20 implementation of the program:
4-21 (1) students' scores on assessment instruments
4-22 administered under Subchapter B, Chapter 39;
4-23 (2) student attendance;
4-24 (3) students' grades;
4-25 (4) incidents involving student discipline;
4-26 (5) socioeconomic data on students' families;
4-27 (6) parents' satisfaction with their children's
4-28 schools; and
4-29 (7) students' satisfaction with their schools.
4-30 (c) An evaluation under this section must examine the
4-31 effects of the program on:
4-32 (1) eligible children who receive a public education
4-33 scholarship and who enroll in a free school;
4-34 (2) eligible children who receive a public education
4-35 scholarship but who do not enroll in a free school; and
4-36 (3) eligible children who do not apply for a public
4-37 education scholarship.
4-38 Sec. 29.367. DUTIES OF COMPTROLLER. (a) The comptroller
4-39 shall adopt rules, procedures, and forms for the payment of public
4-40 education scholarships to the free schools on behalf of parents of
4-41 students attending free schools. The comptroller's rules shall
4-42 provide for payment to a free school only after the school provides
4-43 services and only to the extent students receiving public education
4-44 scholarships attended school.
4-45 (b) The comptroller shall adopt rules, procedures, and forms
4-46 for a free school to submit to review of the financial operations
4-47 of the school. The comptroller may determine that a free school is
4-48 not eligible to continue receiving public education scholarship
4-49 funds if the school fails to satisfy generally accepted standards
4-50 of fiscal management.
4-51 Sec. 29.368. STATUS OF FREE SCHOOLS. (a) Except as
4-52 required by federal law, including the Individuals with
4-53 Disabilities Education Act (20 U.S.C. Section 1400 et seq.), a free
4-54 school is not a government agent or instrumentality, and the
4-55 conduct of a free school is governed by law governing private
4-56 conduct rather than by law governing state action. The purpose of
4-57 this subchapter is to allow maximum freedom to the private sector
4-58 to respond to educational needs without excessive government
4-59 control, and this subchapter shall be liberally construed to
4-60 achieve that purpose.
4-61 (b) The State Board of Education, the commissioner, or the
4-62 comptroller may not in any way regulate the educational program of
4-63 a free school, except as necessary to ensure the school's
4-64 compliance with this title.
4-65 Sec. 29.369. EXPIRATION. This subchapter expires
4-66 August 31, 2009.
4-67 SECTION 2. Sections 29.202 and 29.203, Education Code, are
4-68 amended to read as follows:
4-69 Sec. 29.202. ELIGIBILITY. (a) A student is eligible to
5-1 receive a public education grant or to attend another public school
5-2 in the district in which the student resides under this subchapter
5-3 if the student is assigned to attend a public school campus:
5-4 (1) at which 50 percent or more of the students did
5-5 not perform satisfactorily on an assessment instrument administered
5-6 under Section 39.023(a) or (b) in the preceding three years; or
5-7 (2) that was, at any time in the preceding three
5-8 years, identified as low-performing by the commissioner under
5-9 Subchapter D, Chapter 39.
5-10 (b) A school district shall notify the parent of each child
5-11 eligible under this section that the child is eligible to receive a
5-12 public education grant or to attend another public school in the
5-13 district.
5-14 Sec. 29.203. FINANCING. (a) A student eligible under
5-15 Section 25.001 to attend school in a school district but who under
5-16 this subchapter attends a public school in another district is
5-17 included in the average daily attendance of the district in which
5-18 the student resides. The district in which the student attends
5-19 school shall report the student's attendance to the district in
5-20 which the student resides in accordance with rules adopted by the
5-21 commissioner.
5-22 (b) A student's public education grant is the total state
5-23 and local funding per student for:
5-24 (1) the school district in which the student resides;
5-25 or
5-26 (2) the school district chosen by the child's parent
5-27 under Section 29.201, if that amount is greater than the amount
5-28 provided by Subdivision (1).
5-29 (c) For purposes of Subsection (b), total [Total] funding
5-30 from state and local sources includes special allotments under
5-31 Subchapter C, Chapter 42, but does not include small district,
5-32 sparsity, and cost of education adjustments and allotments for
5-33 technology and transportation. A student's public education grant
5-34 is the entitlement of the student, under the supervision of the
5-35 student's parent, guardian, or custodian, is not an entitlement of
5-36 any school district, and is paid to a school district solely as a
5-37 means of administrative convenience.
5-38 (d) [(c)] A school district chosen by a student's parent
5-39 under Section 29.201 is entitled to accept or reject the
5-40 application for the student to attend school in that district but
5-41 may not use criteria that discriminate on the basis of a student's
5-42 race, ethnicity, academic achievement, athletic abilities, language
5-43 proficiency, sex, or socioeconomic status. A school district that
5-44 has more acceptable applicants for attendance under this subchapter
5-45 than available positions must give priority to students at risk of
5-46 dropping out of school as defined by Section 29.081 and must fill
5-47 the available positions by lottery. However, to achieve continuity
5-48 in education, a school district may give preference over at-risk
5-49 students to enrolled students and to the siblings of enrolled
5-50 students residing in the same household or other children residing
5-51 in the same household as enrolled students for the convenience of
5-52 parents, guardians, or custodians of those children.
5-53 (e) [(d)] A school district chosen by a student's parent
5-54 under Section 29.201 may not charge the student tuition in addition
5-55 to the public education grant or charge tuition that is greater
5-56 than the district's average expenditure per student. The school
5-57 district in which the student resides is entitled to the remainder,
5-58 if any, of the student's public education grant funds.
5-59 (f) The school district in which the student resides is
5-60 entitled to accept or reject the application for the student to
5-61 attend another public school in that district but may not use
5-62 criteria that discriminate on the basis of a student's race,
5-63 ethnicity, academic achievement, athletic abilities, language
5-64 proficiency, sex, or socioeconomic status. A school district that
5-65 has more acceptable applicants than available positions must give
5-66 priority to students at risk of dropping out of school as defined
5-67 by Section 29.081 and must fill the available positions by lottery.
5-68 However, to achieve continuity in education, a school district may
5-69 give preference over at-risk students to enrolled students and to
6-1 the siblings of enrolled students residing in the same household or
6-2 other children residing in the same household as enrolled students
6-3 for the convenience of parents, guardians, or custodians of those
6-4 children.
6-5 (g) [(e)] The school district in which a student resides
6-6 shall provide each student attending a school in the district or in
6-7 another district under this subchapter transportation free of
6-8 charge to and from the school the student would otherwise attend.
6-9 SECTION 3. The State Board of Education shall implement the
6-10 public education scholarship pilot program as provided by
6-11 Subchapter J, Chapter 29, Education Code, as added by this Act,
6-12 beginning with the 1998-1999 school year.
6-13 SECTION 4. Section 29.203, Education Code, as amended by
6-14 this Act, applies beginning with the 1997-1998 school year.
6-15 SECTION 5. The importance of this legislation and the
6-16 crowded condition of the calendars in both houses create an
6-17 emergency and an imperative public necessity that the
6-18 constitutional rule requiring bills to be read on three several
6-19 days in each house be suspended, and this rule is hereby suspended,
6-20 and that this Act take effect and be in force from and after its
6-21 passage, and it is so enacted.
6-22 * * * * *