SRC-JLB H.B. 1202 78(R)BILL ANALYSIS


Senate Research CenterH.B. 1202
By: Dutton (Van de Putte)
Education
5/23/2003
Committee Report (Amended)


DIGEST AND PURPOSE 

Currently, charter school contracts stipulate the maximum allowable
enrollment of a particular charter school.  In compliance with this
contract, the Texas Education Agency (TEA) is authorized to  recover
excess funds when a charter school exceeds the contract enrollment number.
However, charter schools receive state funds based on the average daily
attendance (ADA) of students.  Because average daily attendance is rarely
100 percent, charter schools often enroll enough students to meet a 100
percent ADA based on the contract enrollment number. This increase in ADA
corresponds to a charter school enrolling more students than the limit
established under the charter contract.  H.B. 1202 prohibits the
commissioner from garnishing or otherwise recovering funds paid to an
open-enrollment charter school for students enrolled in excess of the
number authorized by the charter contract. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter D, Chapter 12, Education Code, by adding
Section 12.1061, as follows: 
 
Sec. 12.1061.  RECOVERY OF CERTAIN FUNDS.  Prohibits the commissioner from
garnishing or otherwise recovering funds paid to an open-enrollment
charter school under Section 12.106 if certain conditions exist. 
  
SECTION 2.  Effective date:  upon passage or September 1, 2003.

LIST OF COMMITTEE AMENDMENTS

Committee Amendment No.  1:

On page 1, lines 15 and 16, between Sections 12.1061(1) and 12.1061(2),
insert the following: 

  (2) the school:
   (A)  submits to the commissioner a timely request to revise the maximum
student enrollment described by the school's charter and the commissioner
does not notify the school in writing of an objection to the proposed
revision before the 90th day after the date on which the commissioner
received the request, provided that the number of students enrolled at the
school does not exceed the enrollment described by the school's request;
or 
   (B)  exceeds the maximum student enrollment described by the school's
charter only because a court mandated that a specific child enroll in that
school; and 

On page 1, line 16, strike "(2)" and substitute "(3)".

Add the following appropriately numbered SECTION to the bill and renumber
the subsequent SECTIONS accordingly: 

  SECTION     .  Section 12.114, Education Code, is amended to read as
follows: 

 Sec.  12.114.  REVISION.  (a)  A revision of a charter of an
open-enrollment charter school may be made only with the approval of the
commissioner. 

 (b)  Not more than once each year, an open-enrollment charter school may
request approval to revise the maximum student enrollment described by the
school's charter.