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.