By Wilson H.B. No. 1240
77R4205 ESH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to creation of a public education voucher pilot program
1-3 for 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 VOUCHER PILOT 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 Sec. 29.352. ELIGIBLE CHILD. (a) A child is eligible for a
1-16 voucher to be used to pay the costs of attending a private school
1-17 if the child:
1-18 (1) is educationally disadvantaged;
1-19 (2) is eligible to attend school under Section 25.001
1-20 in a school district that is among the six largest districts in
1-21 membership for the 2001-2002 school year, as determined by the
1-22 commissioner;
1-23 (3) was enrolled in a public school district during
1-24 the preceding school year or is enrolling in prekindergarten,
2-1 kindergarten, or first grade for the first time; and
2-2 (4) either:
2-3 (A) failed to perform satisfactorily on the most
2-4 recent assessment instrument administered to the child under
2-5 Section 39.023(a), (b), (c), or (l); or
2-6 (B) is eligible under Subchapter G to attend
2-7 another public school in the district in which the child resides or
2-8 to receive a public education grant to use to attend a public
2-9 school in another district, but has had an application to attend
2-10 another school in the child's district or in another district
2-11 rejected.
2-12 (b) After a child establishes eligibility under Subsection
2-13 (a) and attends a private school using a voucher, the child is
2-14 entitled to continue receiving the voucher, regardless of whether
2-15 the child continues to meet the requirements of Subsection (a),
2-16 until the earlier of the date on which the child graduates from
2-17 high school or the child's 21st birthday, unless the child:
2-18 (1) enrolls in a public school district after using
2-19 the voucher; or
2-20 (2) changes residences and is no longer entitled under
2-21 Section 25.001 to attend school in the school district under which
2-22 the child's eligibility for a voucher was established.
2-23 Sec. 29.353. PARENTAL NOTIFICATION. (a) Not later than a
2-24 date established by the commissioner, a school district described
2-25 by Section 29.352(a)(2) shall notify in writing the parent of each
2-26 eligible child of the child's eligibility for a voucher.
2-27 (b) A parent may apply for a voucher on behalf of the
3-1 parent's child by notifying the school district by a date
3-2 established by the commissioner.
3-3 Sec. 29.354. AMOUNT OF VOUCHER; FINANCING. (a) A child's
3-4 voucher is an amount equal to the total average per student funding
3-5 amount in the school district the child would otherwise attend
3-6 during the preceding school year for maintenance and operations,
3-7 including state and local funding, but excluding money from the
3-8 available school fund.
3-9 (b) An eligible child who attends a private school in
3-10 compliance with this subchapter is entitled to 100 percent of the
3-11 child's voucher, unless the tuition charged by the school is less
3-12 than the amount of the voucher. In that event, the school district
3-13 the child would otherwise attend is entitled to the amount of the
3-14 voucher remaining after payment of tuition.
3-15 (c) An eligible child who attends a private school using a
3-16 voucher is included in determining the average daily attendance
3-17 under Section 42.005 of the school district in which the student
3-18 would otherwise attend school.
3-19 (d) A child's voucher is payable from the school district to
3-20 the private school on behalf of the child. A child's voucher is
3-21 the entitlement of the child, under the supervision of the child's
3-22 parent, is not an entitlement of any school, and is paid to a
3-23 school solely as a means of administrative convenience.
3-24 Sec. 29.355. ACCREDITATION. (a) Except as otherwise
3-25 provided by this section, a private school that accepts students
3-26 with vouchers must be accredited by a private organization
3-27 recognized by the commissioner.
4-1 (b) A newly established private school may receive voucher
4-2 funds without accreditation if the school applies for accreditation
4-3 before accepting students under the program.
4-4 (c) The commissioner may waive the requirements of this
4-5 section for good cause.
4-6 Sec. 29.356. ADMISSIONS. (a) A private school may not
4-7 refuse to enroll a child with a voucher on the basis of the child's
4-8 residence, race, national origin, ethnic background, religion,
4-9 disability, or academic achievement.
4-10 (b) A private school may refuse to enroll a child with a
4-11 voucher if the child:
4-12 (1) has been expelled from a public school; or
4-13 (2) has a criminal record.
4-14 (c) A private school may not consider the athletic ability
4-15 of a child with a voucher in any admission process relating to the
4-16 child.
4-17 (d) Except as provided by Subsection (e), a private school
4-18 that has more applicants with vouchers than available positions
4-19 must fill the positions by lottery. A private school must declare
4-20 the number of available positions and conduct the lottery for the
4-21 next school year not later than July 1 of each year.
4-22 (e) A private school may give preference to an enrolled
4-23 student to achieve continuity and to siblings of an enrolled
4-24 student or children residing in the same household as an enrolled
4-25 student for the convenience of the parents of those children.
4-26 Sec. 29.357. TUITION; ADDITIONAL CHARGES AND FEES. A
4-27 private school may not:
5-1 (1) charge an eligible child attending the school with
5-2 a voucher tuition:
5-3 (A) in addition to the voucher; or
5-4 (B) in an amount greater than the standard
5-5 tuition rate at the school; or
5-6 (2) assess any additional charge, other than a fee
5-7 that the board of trustees of a school district is authorized to
5-8 charge under Section 11.158, for providing an educational program
5-9 or service to the child.
5-10 Sec. 29.358. ACCOUNTABILITY. (a) A private school shall
5-11 administer to each student with a voucher who is enrolled in the
5-12 school the assessment instruments required under Section 39.023(a),
5-13 (b), (c), or (l), or other comparable assessment instruments
5-14 approved by the commissioner, in the same manner as those
5-15 instruments are administered to public school students.
5-16 (b) A private school shall report to the commissioner
5-17 concerning the school's performance on the academic excellence
5-18 indicators under Section 39.051 for students with vouchers who are
5-19 enrolled in the school. The commissioner shall publish the
5-20 school's performance information and make it available to parents
5-21 for review.
5-22 Sec. 29.359. CERTIFICATION TO COMPTROLLER. To receive
5-23 voucher funds, a private school must certify to the comptroller
5-24 that the school has complied with the conditions imposed by Section
5-25 29.356.
5-26 Sec. 29.360. DUTIES OF COMPTROLLER. The comptroller shall
5-27 adopt rules, procedures, and forms for the payment of vouchers to
6-1 private schools on behalf of students attending those schools with
6-2 vouchers.
6-3 Sec. 29.361. EVALUATION AND REPORT. The commissioner, in
6-4 consultation with the school districts whose students are eligible
6-5 to participate in the pilot program, shall evaluate the program
6-6 established by this subchapter and report the evaluation, together
6-7 with recommendations, to the legislature not later than December 1,
6-8 2004.
6-9 Sec. 29.362. EXPIRATION. This subchapter expires September
6-10 1, 2005, and vouchers may not be issued for the 2005-2006 or a
6-11 later school year.
6-12 SECTION 2. The State Board of Education shall implement the
6-13 public education voucher pilot program as provided by Subchapter J,
6-14 Chapter 29, Education Code, as added by this Act, beginning with
6-15 the 2001-2002 school year.
6-16 SECTION 3. This Act takes effect immediately if it receives
6-17 a vote of two-thirds of all the members elected to each house, as
6-18 provided by Section 39, Article III, Texas Constitution. If this
6-19 Act does not receive the vote necessary for immediate effect, this
6-20 Act takes effect September 1, 2001.