By: Bivins S.B. No. 10
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the creation of a public education scholarship program
1-2 for certain educationally disadvantaged children in certain school
1-3 districts.
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) "Free school" means a nongovernmental educational
1-10 establishment that exists for the general education of elementary
1-11 or secondary students and that accepts funding from state and local
1-12 sources as provided by this subchapter in lieu of tuition for some
1-13 or all of its students. The term does not include a school that
1-14 provides education in a home setting or by the parent or that
1-15 limits enrollment to relatives of the staff of the school.
1-16 (2) "Parent" includes a guardian or custodian.
1-17 (3) "Private school" means a nongovernmental
1-18 educational establishment that does not accept funding from state
1-19 and local sources as provided by this subchapter in lieu of
1-20 tuition.
1-21 Sec. 29.352. ELIGIBILITY OF CHILD FOR PUBLIC EDUCATION
1-22 SCHOLARSHIP. (a) Except as provided by Section 29.368, a child is
2-1 eligible for a public education scholarship under this subchapter
2-2 if the child:
2-3 (1) attends school in a district whose central
2-4 administrative office is located in a county with a population of
2-5 more than 575,000;
2-6 (2) is educationally disadvantaged;
2-7 (3) did not perform satisfactorily on the most recent
2-8 assessment instrument administered to the child under Section
2-9 39.023(a) or (c) in reading, writing, or mathematics;
2-10 (4) was not enrolled in a private school during the
2-11 current or preceding school year; and
2-12 (5) was not enrolled in a free school during the
2-13 current or preceding school year, unless the child attended the
2-14 free school using a public education scholarship.
2-15 (b) After a student has used a public education scholarship
2-16 to attend a free school, the student remains eligible for the
2-17 scholarship until the student again enrolls in a public school.
2-18 (c) In this section, "alternative education campus" means a
2-19 campus that primarily provides:
2-20 (1) an alternative education program under Subchapter
2-21 A or C or under Subchapter A, Chapter 37; or
2-22 (2) a course of instruction to prepare for the high
2-23 school equivalency examination.
2-24 Sec. 29.353. PARENTAL CHOICE. (a) A school district
2-25 described by Section 29.352(a)(1) shall notify the parent of each
2-26 child eligible for a public education scholarship that the child is
3-1 eligible to attend a free school as provided by this subchapter.
3-2 (b) A child may attend a private school but may not receive
3-3 funding from state and local sources for that purpose under this
3-4 subchapter.
3-5 Sec. 29.354. FINANCING. (a) Each school district is
3-6 entitled to receive state funding as provided by Chapter 42 and
3-7 other law.
3-8 (b) A child eligible under Section 25.001 to attend school
3-9 in a school district but who attends a free school under this
3-10 subchapter and who registers that free school choice with the
3-11 district shall be considered in determining the district's average
3-12 daily attendance under Section 42.005. The commissioner shall
3-13 adopt a procedure that a free school shall use to report the
3-14 average daily attendance of any student for whom the free school is
3-15 receiving public education scholarship funds under this subchapter.
3-16 Sec. 29.355. PUBLIC EDUCATION SCHOLARSHIP. (a) Except as
3-17 provided by Subsection (b), a child's public education scholarship
3-18 is the sum of state and local revenues per student in average daily
3-19 attendance under the Foundation School Program, including all
3-20 school district tax revenues and an amount determined by the
3-21 commissioner for each state fiscal biennium that represents the
3-22 average annual state expenditure per student for textbooks and the
3-23 technology allotment under Section 31.021(b)(2).
3-24 (b) The district that a child attending a free school under
3-25 this subchapter would otherwise attend on the basis of residence
3-26 shall pay to the free school the lesser of:
4-1 (1) 80 percent of the child's public education
4-2 scholarship; or
4-3 (2) an amount equal to the sum of state and local
4-4 revenues per student less the sum of the adjustments under Sections
4-5 42.103 and 42.105, distributions from the available school fund,
4-6 federal funds, and any district expenditures for debt service for
4-7 the acquisition or improvement of facilities, computed on a per
4-8 student basis.
4-9 (c) A free school may not share with, refund to, or rebate
4-10 to the parent or child in any manner the child's public education
4-11 scholarship. The school district the child would otherwise attend
4-12 is entitled to the remainder of the child's public education
4-13 scholarship funds.
4-14 Sec. 29.356. TRANSPORTATION BY DISTRICT. A school district
4-15 shall offer each child attending a free school under this
4-16 subchapter transportation free of charge to and from the public
4-17 school the child would otherwise attend to the extent the district
4-18 would be required to provide transportation if the child were
4-19 attending that public school.
4-20 Sec. 29.357. CONDITIONS FOR RECEIPT OF FUNDS BY FREE
4-21 SCHOOLS. To receive a child's public education scholarship funds,
4-22 the free school selected for or by the child must certify to the
4-23 comptroller that the school has complied with the conditions
4-24 imposed by Sections 29.358 through 29.364.
4-25 Sec. 29.358. ACCREDITATION. A free school included in the
4-26 public education scholarship program must be accredited by a
5-1 private organization recognized by the commissioner, except that a
5-2 newly established free school may operate without such
5-3 accreditation if the school applies for accreditation before
5-4 accepting students under the pilot program. A newly established
5-5 free school that is not accredited before the second anniversary of
5-6 the date the school begins operation may not participate in the
5-7 public education scholarship pilot program.
5-8 Sec. 29.359. ADMISSIONS. (a) A free school may not refuse
5-9 to enroll a child on the basis of the child's residence, race,
5-10 national origin, ethnic background, religion, physical or mental
5-11 ability or disability, or academic achievement.
5-12 (b) A free school may not consider athletic ability or the
5-13 amount of a public education scholarship in any admission process.
5-14 (c) A free school may refuse to enroll a child who has been
5-15 expelled from a school district during the term of alternative
5-16 education program placement or expulsion.
5-17 (d) Except as provided by Subsection (e), a free school that
5-18 has more public education scholarship applicants than available
5-19 positions must give priority to students at risk of dropping out of
5-20 school as defined by Section 29.081 and must fill other positions
5-21 by lottery. A free school must declare the number of available
5-22 positions and conduct the lottery for the next school year not
5-23 later than July 1 of each year.
5-24 (e) To achieve continuity in education, a free school may
5-25 give preference over at-risk students to enrolled students and to
5-26 the siblings of enrolled students residing in the same household or
6-1 other children residing in the same household as enrolled students
6-2 for the convenience of parents of those children.
6-3 Sec. 29.360. SPECIAL EDUCATION SERVICES. A child who is
6-4 eligible under state or federal law to receive special services, as
6-5 defined by Section 29.002, and who is eligible for a public
6-6 education scholarship is entitled to receive those services from
6-7 the state or the school district the child would otherwise attend
6-8 as provided by federal or state law.
6-9 Sec. 29.361. BILINGUAL EDUCATION SERVICES. A parent is
6-10 entitled to request, with the expectation that the request will not
6-11 be unreasonably denied, that a free school provide bilingual
6-12 education services or address the language needs of the child. A
6-13 free school that provides bilingual education in accordance with
6-14 state law is entitled to funding based on allotments for bilingual
6-15 education as provided by Section 42.153 for each child eligible for
6-16 that allotment.
6-17 Sec. 29.362. TUITION; ADDITIONAL CHARGES AND FEES. A free
6-18 school may not:
6-19 (1) charge an eligible child attending the school
6-20 under this subchapter tuition in addition to the child's public
6-21 education scholarship; or
6-22 (2) assess any additional charge, other than a fee
6-23 that a board of trustees is authorized to charge under Section
6-24 11.158, for providing an educational program or service to such a
6-25 child.
6-26 Sec. 29.363. EXPULSION OF STUDENTS. A free school may not
7-1 expel a student unless the student engages in an activity for which
7-2 the student may be expelled under Section 37.007.
7-3 Sec. 29.364. ACCOUNTABILITY. (a) Each free school shall
7-4 report to the commissioner concerning the school's performance on
7-5 the academic excellence indicators under Section 39.051.
7-6 (b) Each free school shall administer the appropriate
7-7 assessment instrument under Subchapter B, Chapter 39, to each
7-8 student in each grade in which a student is using a public
7-9 education scholarship to attend the school and for which an
7-10 assessment instrument is required. A free school shall administer
7-11 the assessment instrument in the same manner as the assessment
7-12 instrument is administered to public school students. To ensure
7-13 the security of the assessment instrument and the validity of the
7-14 results, the commissioner shall adopt rules and procedures for the
7-15 administration of state-required assessment instruments in free
7-16 schools.
7-17 (c) For the purpose of evaluating the effectiveness of the
7-18 public education scholarship program, the commissioner shall report
7-19 and publish student assessment results in a manner that allows
7-20 comparisons between students attending free schools and students
7-21 attending public schools. The commissioner's report must show
7-22 statewide results and district and campus results. The
7-23 commissioner's report may not include any results that permit
7-24 directly or indirectly identifying the students assessed. Copies
7-25 of the commissioner's report shall be made available for public
7-26 inspection at each public school and free school.
8-1 (d) The commissioner may determine that a free school is not
8-2 eligible to continue receiving public education scholarship funds
8-3 if the percentage of students attending the free school who perform
8-4 satisfactorily on the assessment instruments required under
8-5 Subchapter B, Chapter 39, is such that the free school would be
8-6 considered low-performing under Subchapter D, Chapter 39, if it
8-7 were a public school campus. The commissioner shall promptly
8-8 notify the comptroller of the commissioner's determination under
8-9 this subsection.
8-10 Sec. 29.365. EVALUATION OF PUBLIC EDUCATION SCHOLARSHIP
8-11 PILOT PROGRAM. (a) The State Board of Education shall designate
8-12 an impartial organization with experience in evaluating school
8-13 choice programs to annually evaluate the public education
8-14 scholarship program.
8-15 (b) An evaluation under this section must:
8-16 (1) include a comparison of each of the following
8-17 factors before and after implementation of the program:
8-18 (A) student performance and improvement on
8-19 assessment instruments administered under Subchapter B, Chapter 39;
8-20 (B) student performance and improvement in the
8-21 classroom;
8-22 (C) student attendance;
8-23 (D) students' grades;
8-24 (E) incidents involving student discipline;
8-25 (F) socioeconomic data on students' families;
8-26 and
9-1 (G) parents' satisfaction with their children's
9-2 schools;
9-3 (2) include a comparison of performance on assessment
9-4 instruments administered under Section 39.023 between students
9-5 using public education scholarships to attend free schools and
9-6 students in public schools who are of a similar age and background
9-7 and who reside in similar school districts; and
9-8 (3) examine the effects of the program on:
9-9 (A) eligible children who receive a public
9-10 education scholarship and who enroll in a free school;
9-11 (B) eligible children who receive a public
9-12 education scholarship but who do not enroll in a free school; and
9-13 (C) eligible children who do not apply for a
9-14 public education scholarship.
9-15 (c) Not later than September 1, 2004, the organization
9-16 conducting the evaluation shall file a written report stating the
9-17 results of the evaluation with the governor, lieutenant governor,
9-18 and speaker of the house of representatives. This subsection
9-19 expires January 1, 2005.
9-20 Sec. 29.366. DUTIES OF COMPTROLLER. (a) The comptroller
9-21 shall adopt rules, procedures, and forms for the payment of public
9-22 education scholarships to the free schools on behalf of parents of
9-23 students attending free schools. The comptroller's rules shall
9-24 provide for payment to a free school only after the school provides
9-25 services and only to the extent students receiving public education
9-26 scholarships attended school.
10-1 (b) The comptroller shall adopt rules, procedures, and forms
10-2 for a free school to permit review of the financial operations of
10-3 the school. The comptroller may determine that a free school is
10-4 not eligible to continue receiving public education scholarship
10-5 funds if the school fails to satisfy generally accepted standards
10-6 of fiscal management.
10-7 Sec. 29.367. STATUS OF FREE SCHOOLS. (a) Except as
10-8 required by federal law, including the Individuals with
10-9 Disabilities Education Act (20 U.S.C. Section 1400 et seq.), a free
10-10 school is not a government agent or instrumentality, and the
10-11 conduct of a free school is governed by law governing private
10-12 conduct rather than by law governing state action. The purpose of
10-13 this subchapter is to allow maximum freedom to the private sector
10-14 to respond to educational needs without excessive government
10-15 control, and this subchapter shall be liberally construed to
10-16 achieve that purpose.
10-17 (b) The State Board of Education, the commissioner, or the
10-18 comptroller may not in any way regulate the educational program of
10-19 a free school, except as necessary to ensure the school's
10-20 compliance with this title.
10-21 Sec. 29.368. PARTIAL TERMINATION OF PROGRAM. (a) Not later
10-22 than July 1, 2005, the commissioner shall compare the average
10-23 performance of each free school's students to the average
10-24 performance of students in public schools who are of a similar age
10-25 and background and who reside in similar school districts.
10-26 (b) Beginning with the 2005-2006 school year:
11-1 (1) a free school may not accept a student using a
11-2 public education scholarship unless the school's average student
11-3 performance level, as determined under Subsection (a), is at least
11-4 10 percent higher than the average performance level of comparable
11-5 public school students; and
11-6 (2) a student who used a public education scholarship
11-7 to attend a free school other than a free school whose average
11-8 student performance level meets or exceeds the level required by
11-9 Subdivision (1) is no longer eligible for a public education
11-10 scholarship.
11-11 SECTION 2. This Act takes effect September 1, 1999.
11-12 SECTION 3. The State Board of Education shall implement the
11-13 public education scholarship program as provided by Subchapter J,
11-14 Chapter 29, Education Code, as added by this Act, beginning with
11-15 the 2000-2001 school year.
11-16 SECTION 4. The importance of this legislation and the
11-17 crowded condition of the calendars in both houses create an
11-18 emergency and an imperative public necessity that the
11-19 constitutional rule requiring bills to be read on three several
11-20 days in each house be suspended, and this rule is hereby suspended.