78R6459 SLO-D

By:  Wong                                                         H.B. No. 2101



A BILL TO BE ENTITLED

AN ACT

relating to a Texas professional teacher's academy program.                   
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 29, Education Code, is amended by adding 
Subchapter J to read as follows:

SUBCHAPTER J.  TEXAS PROFESSIONAL TEACHER'S ACADEMY PROGRAM
	Sec. 29.351.  DEFINITIONS.  In this subchapter:                         
		(1)  "Academy" means a private school that is owned and 
operated by one or more professional educators.
		(2)  "Private school" means a nongovernmental 
educational establishment that exists for the general education of 
elementary or secondary students.  The term does not include a 
school that provides education in a home setting or by the parent or 
that limits enrollment to relatives of the school's staff.
		(3)  "Professional educator" means a person who holds a 
certificate as a classroom teacher, master teacher, principal, or 
superintendent issued under Subchapter B, Chapter 21, and who is in 
good standing with the State Board for Educator Certification.
	Sec. 29.352.  REQUIREMENTS FOR ACADEMY.  (a)  A professional 
educator may establish an academy either individually or in 
partnership with other professional educators.
	(b)  An academy must have by the first day of each school year 
sufficient cash reserves or letters of credit to sustain the 
academy for one school year.
	Sec. 29.353.  FINANCING.  (a)  An academy is entitled to 
receive funding in the same manner as an open-enrollment charter 
school under Section 12.106, except that the academy is not 
entitled to state funding for a school year until the entire school 
year is completed.
	(b)  An academy may not share, refund, or rebate in any 
manner the funds described by Subsection (a) with a child attending 
the academy or with the child's parent.
	Sec. 29.354.  TUITION; ADDITIONAL CHARGES AND FEES.  An 
academy may not:
		(1)  charge a child attending the academy under this 
subchapter tuition in addition to the amount described by Section 
29.353(a); or
		(2)  assess any additional charge, other than a fee 
that a board of trustees is authorized to charge under Section 
11.158, for providing an educational program or service to such a 
child.
	Sec. 29.355.  SCHOOL DISTRICT REGULATION PROHIBITED.  A 
school district may not regulate the educational program of an 
academy in any way.
	Sec. 29.356.  DUTIES OF COMMISSIONER.  The commissioner 
shall adopt rules, procedures, and forms for the implementation and 
administration of the Texas professional teacher's academy program 
described by this subchapter, including a rule specifying a 
limitation on the number of academies that may be established under 
this subchapter.
	SECTION 2.  The commissioner of education shall implement 
the Texas professional teacher's academy program as provided by 
Subchapter J, Chapter 29, Education Code, as added by this Act, 
beginning with the 2003-2004 school year.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.