By Krusee H.B. No. 709
76R3598 KKA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a public education scholarship program for
1-3 certain children.
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 PROGRAM
1-8 Sec. 29.351. DEFINITIONS. In this subchapter:
1-9 (1) "Parent" includes a guardian or custodian.
1-10 (2) "Private school" means a nongovernmental
1-11 educational establishment that exists for the general education of
1-12 elementary or secondary students. The term does not include a
1-13 school that provides education in a home setting or by the parent
1-14 or that limits enrollment to relatives of the school's staff.
1-15 (3) "Scholarship" means a public education scholarship
1-16 granted under this subchapter.
1-17 Sec. 29.352. ELIGIBLE CHILD. (a) A child is eligible for a
1-18 public education scholarship to be used to pay the costs of
1-19 attending a private school if the child:
1-20 (1) is educationally disadvantaged;
1-21 (2) is eligible to attend school under Section 25.001
1-22 in a school district that:
1-23 (A) has at least 60,000 students in average
1-24 daily attendance; and
2-1 (B) has a majority of its territory located
2-2 within the boundaries of a municipality with a population of one
2-3 million or more;
2-4 (3) was enrolled in a public school district during
2-5 the preceding school year or is enrolling in prekindergarten,
2-6 kindergarten, or first grade for the first time; and
2-7 (4) failed to perform satisfactorily on the most
2-8 recent assessment instrument administered to the child under
2-9 Section 39.023(a), (b), or (c), unless an assessment instrument
2-10 under those sections has not been administered to the child.
2-11 (b) After a child establishes eligibility under Subsection
2-12 (a) and attends a private school using a scholarship, the child is
2-13 entitled to continue receiving the scholarship, regardless of
2-14 whether the child continues to meet the requirements of Subsection
2-15 (a), until the earlier of the date on which the child graduates
2-16 from high school or the child's 21st birthday, unless the child:
2-17 (1) enrolls in a public school district after using
2-18 the scholarship; or
2-19 (2) changes residences and is no longer entitled under
2-20 Section 25.001 to attend school in the school district under which
2-21 the child's eligibility for a scholarship was established.
2-22 Sec. 29.353. LIMITATION ON NUMBER OF SCHOLARSHIPS. At any
2-23 one time, not more than 5,000 children in a school district may be
2-24 receiving scholarships. If more than that number of children seek
2-25 a scholarship, the agency shall award the scholarships based on a
2-26 lottery administered by the agency.
2-27 Sec. 29.354. PARENTAL NOTIFICATION. (a) Not later than a
3-1 date established by the commissioner, a school district described
3-2 by Section 29.352(a)(2) shall notify in writing the parent of each
3-3 eligible child of the child's eligibility for a scholarship.
3-4 (b) A parent may apply for a scholarship on behalf of the
3-5 parent's child by notifying the school district by a date
3-6 established by the commissioner.
3-7 Sec. 29.355. AMOUNT OF SCHOLARSHIP; FINANCING. (a) A
3-8 child's scholarship is an amount equal to the total average per
3-9 student funding amount in the school district the child would
3-10 otherwise attend during the preceding school year for maintenance
3-11 and operations, including state and local funding, but excluding
3-12 money from the available school fund.
3-13 (b) An eligible child who attends a private school in
3-14 compliance with this subchapter is entitled to 100 percent of the
3-15 child's scholarship, unless the tuition charged by the school is
3-16 less than the amount of the scholarship. In that event, the school
3-17 district the child would otherwise attend is entitled to the amount
3-18 of the scholarship remaining after payment of tuition.
3-19 (c) An eligible child who attends a private school using a
3-20 scholarship is included in determining the average daily attendance
3-21 under Section 42.005 of the school district in which the student
3-22 would otherwise attend school.
3-23 (d) A child's scholarship is payable from the school
3-24 district to the private school on behalf of the child. A child's
3-25 scholarship is the entitlement of the child, under the supervision
3-26 of the child's parent, is not an entitlement of any school, and is
3-27 paid to a school solely as a means of administrative convenience.
4-1 Sec. 29.356. ACCREDITATION. (a) Except as otherwise
4-2 provided by this section, a private school that accepts students
4-3 with scholarships must be accredited by a private organization
4-4 recognized by the commissioner.
4-5 (b) A newly established private school may receive
4-6 scholarship funds without accreditation if the school applies for
4-7 accreditation before accepting students under the program.
4-8 (c) The commissioner may waive the requirements of this
4-9 section for good cause.
4-10 Sec. 29.357. ADMISSIONS. (a) A private school may not
4-11 refuse to enroll a child with a scholarship on the basis of the
4-12 child's residence, race, national origin, ethnic background,
4-13 religion, or academic achievement.
4-14 (b) A private school may refuse to enroll a child with a
4-15 scholarship if the child:
4-16 (1) has been expelled from a school district; or
4-17 (2) has a criminal record.
4-18 (c) A private school may not consider the athletic ability
4-19 of a child with a scholarship in any admission process relating to
4-20 the child.
4-21 (d) Except as provided by Subsection (e), a private school
4-22 that has more applicants with scholarships than available positions
4-23 must fill the positions by lottery. A private school must declare
4-24 the number of available positions and conduct the lottery for the
4-25 next school year not later than July 1 of each year.
4-26 (e) A private school may give preference to an enrolled
4-27 student to achieve continuity and to siblings of an enrolled
5-1 student or children residing in the same household as an enrolled
5-2 student for the convenience of the parents of those children.
5-3 Sec. 29.358. TUITION; ADDITIONAL CHARGES AND FEES. A
5-4 private school may not:
5-5 (1) charge an eligible child attending the school with
5-6 a scholarship tuition:
5-7 (A) in addition to the scholarship; or
5-8 (B) in an amount greater than the standard
5-9 tuition rate at the school; or
5-10 (2) assess any additional charge, other than a fee
5-11 that a school board is authorized to charge under Section 11.158,
5-12 for providing an educational program or service to the child.
5-13 Sec. 29.359. ACCOUNTABILITY. (a) A private school shall
5-14 administer to each student with a scholarship who is enrolled in
5-15 the school the assessment instruments required under Section
5-16 39.023(a), (b), or (c), or other comparable assessment instruments
5-17 approved by the commissioner, in the same manner as those
5-18 instruments are administered to public school students.
5-19 (b) A private school shall report to the commissioner
5-20 concerning the school's performance on the academic excellence
5-21 indicators under Section 39.051 for students with scholarships who
5-22 are enrolled in the school. The commissioner shall publish the
5-23 school's performance information and make it available to parents
5-24 for review.
5-25 Sec. 29.360. CERTIFICATION TO COMPTROLLER. To receive
5-26 scholarship funds, a private school must certify to the comptroller
5-27 that the school has complied with the conditions imposed by Section
6-1 29.357.
6-2 Sec. 29.361. DUTIES OF COMPTROLLER. The comptroller shall
6-3 adopt rules, procedures, and forms for the payment of scholarships
6-4 to private schools on behalf of students attending those schools
6-5 with scholarships.
6-6 SECTION 2. The State Board of Education shall implement the
6-7 public education scholarship program as provided by Subchapter J,
6-8 Chapter 29, Education Code, as added by this Act, beginning with
6-9 the 1999-2000 school year.
6-10 SECTION 3. The importance of this legislation and the
6-11 crowded condition of the calendars in both houses create an
6-12 emergency and an imperative public necessity that the
6-13 constitutional rule requiring bills to be read on three several
6-14 days in each house be suspended, and this rule is hereby suspended,
6-15 and that this Act take effect and be in force from and after its
6-16 passage, and it is so enacted.