By Krusee                                             H.B. No. 3643
         76R863 KKA-D                          
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to open-enrollment charter schools that deliver
 1-3     educational services through distance learning courses.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 12, Education Code, is
 1-6     amended by adding Section 12.1012 to read as follows:
 1-7           Sec. 12.1012.  DISTANCE LEARNING CHARTER SCHOOLS. (a)
 1-8     Notwithstanding any other provision of this title, an
 1-9     open-enrollment charter school that provides services primarily
1-10     through distance learning courses is entitled to receive state and
1-11     local funding for each student eligible under Section 42.003 who
1-12     receives services from the school in accordance with the charter.
1-13     The commissioner shall develop a funding formula for the school
1-14     that:
1-15                 (1)  is based on the coursework completed by each
1-16     student;
1-17                 (2)  does not require attendance records to be
1-18     maintained; and
1-19                 (3)  results in a total amount of funding comparable to
1-20     other open-enrollment charter schools, adjusted as necessary to
1-21     reflect the characteristics of a provider of distance learning
1-22     courses.
1-23           (b)  The commissioner may:
1-24                 (1)  exempt an open-enrollment charter school that
 2-1     provides services primarily through distance learning courses from
 2-2     a requirement imposed by this title or a rule adopted under this
 2-3     title if necessary because of the characteristics of a provider of
 2-4     distance learning courses; and
 2-5                 (2)  impose additional requirements appropriate for a
 2-6     provider of distance learning courses as necessary to ensure
 2-7     quality education and adequate oversight of the school.
 2-8           (c)  The commissioner may adopt rules as necessary to
 2-9     implement this section.
2-10           SECTION 2.  Not later than January 1, 2000, the commissioner
2-11     of education shall develop the funding formula required by Section
2-12     12.1012, Education Code, as added by this Act.
2-13           SECTION 3.  The importance of this legislation and the
2-14     crowded condition of the calendars in both houses create an
2-15     emergency and an imperative public necessity that the
2-16     constitutional rule requiring bills to be read on three several
2-17     days in each house be suspended, and this rule is hereby suspended,
2-18     and that this Act take effect and be in force from and after its
2-19     passage, and it is so enacted.