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A BILL TO BE ENTITLED
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AN ACT
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relating to creation of a public education voucher pilot program |
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for certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. PUBLIC EDUCATION VOUCHER PILOT PROGRAM |
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Sec. 29.351. DEFINITIONS. In this subchapter: |
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(1) "Parent" includes a guardian or custodian. |
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(2) "Private school" means a nongovernmental |
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educational establishment that exists for the general education of |
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elementary or secondary students. The term does not include a |
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school that provides education in a home setting or by the parent or |
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that limits enrollment to relatives of the school's staff. |
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Sec. 29.352. ELIGIBLE CHILD. (a) A child is eligible for a |
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voucher to be used to pay the costs of attending a private school if |
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the child: |
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(1) is educationally disadvantaged; |
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(2) is eligible to attend school under Section 25.001 |
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in a school district that is among the six largest districts in |
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membership for the 2007-2008 school year, as determined by the |
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commissioner; |
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(3) was enrolled in a public school district during |
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the preceding school year or is enrolling in prekindergarten, |
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kindergarten, or first grade for the first time; and |
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(4) either: |
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(A) failed to perform satisfactorily on the most |
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recent assessment instrument administered to the child under |
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Section 39.023(a), (b), (c), or (l); or |
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(B) is eligible under Subchapter G to attend |
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another public school in the district in which the child resides or |
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to receive a public education grant to use to attend a public school |
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in another district, but has had an application to attend another |
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school in the child's district or in another district rejected. |
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(b) After a child establishes eligibility under Subsection |
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(a) and attends a private school using a voucher, the child is |
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entitled to continue receiving the voucher, regardless of whether |
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the child continues to meet the requirements of Subsection (a), |
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until the earlier of the date on which the child graduates from high |
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school or the child's 21st birthday, unless the child: |
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(1) enrolls in a public school district after using |
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the voucher; or |
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(2) changes residences and is no longer entitled under |
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Section 25.001 to attend school in the school district under which |
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the child's eligibility for a voucher was established. |
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Sec. 29.353. PARENTAL NOTIFICATION. (a) Not later than a |
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date established by the commissioner, a school district described |
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by Section 29.352(a)(2) shall notify in writing the parent of each |
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eligible child of the child's eligibility for a voucher. |
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(b) A parent may apply for a voucher on behalf of the |
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parent's child by notifying the school district by a date |
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established by the commissioner. |
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Sec. 29.354. AMOUNT OF VOUCHER; FINANCING. (a) A child's |
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voucher is an amount equal to the total average per student funding |
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amount in the school district the child would otherwise attend |
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during the preceding school year for maintenance and operations, |
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including state and local funding, but excluding money from the |
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available school fund. |
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(b) An eligible child who attends a private school in |
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compliance with this subchapter is entitled to 100 percent of the |
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child's voucher, unless the tuition charged by the school is less |
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than the amount of the voucher. In that event, the school district |
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the child would otherwise attend is entitled to the amount of the |
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voucher remaining after payment of tuition. |
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(c) An eligible child who attends a private school using a |
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voucher is included in determining the average daily attendance |
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under Section 42.005 of the school district in which the student |
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would otherwise attend school. |
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(d) A child's voucher is payable from the school district to |
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the private school on behalf of the child. A child's voucher is the |
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entitlement of the child, under the supervision of the child's |
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parent, is not an entitlement of any school, and is paid to a school |
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solely as a means of administrative convenience. |
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Sec. 29.355. ACCREDITATION. (a) Except as otherwise |
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provided by this section, a private school that accepts students |
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with vouchers must be accredited by a private organization |
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recognized by the commissioner. |
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(b) A newly established private school may receive voucher |
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funds without accreditation if the school applies for accreditation |
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before accepting students under the program. |
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(c) The commissioner may waive the requirements of this |
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section for good cause. |
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Sec. 29.356. ADMISSIONS. (a) A private school may not |
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refuse to enroll a child with a voucher on the basis of the child's |
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residence, race, national origin, ethnic background, religion, |
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disability, or academic achievement. |
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(b) A private school may refuse to enroll a child with a |
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voucher if the child: |
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(1) has been expelled from a public school; or |
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(2) has a criminal record. |
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(c) A private school may not consider the athletic ability |
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of a child with a voucher in any admission process relating to the |
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child. |
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(d) Except as provided by Subsection (e), a private school |
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that has more applicants with vouchers than available positions |
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must fill the positions by lottery. A private school must declare |
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the number of available positions and conduct the lottery for the |
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next school year not later than July 1 of each year. |
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(e) A private school may give preference to an enrolled |
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student to achieve continuity and to siblings of an enrolled |
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student or children residing in the same household as an enrolled |
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student for the convenience of the parents of those children. |
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Sec. 29.357. TUITION; ADDITIONAL CHARGES AND FEES. A |
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private school may not: |
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(1) charge an eligible child attending the school with |
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a voucher tuition: |
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(A) in addition to the voucher; or |
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(B) in an amount greater than the standard |
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tuition rate at the school; or |
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(2) assess any additional charge, other than a fee |
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that the board of trustees of a school district is authorized to |
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charge under Section 11.158, for providing an educational program |
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or service to the child. |
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Sec. 29.358. ACCOUNTABILITY. (a) A private school shall |
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administer to each student with a voucher who is enrolled in the |
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school the assessment instruments required under Section |
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39.023(a), (b), (c), or (l), or other comparable assessment |
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instruments approved by the commissioner, in the same manner as |
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those instruments are administered to public school students. |
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(b) A private school shall report to the commissioner |
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concerning the school's performance on the academic excellence |
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indicators under Section 39.051 for students with vouchers who are |
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enrolled in the school. The commissioner shall publish the school's |
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performance information and make it available to parents for |
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review. |
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Sec. 29.359. CERTIFICATION TO COMPTROLLER. To receive |
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voucher funds, a private school must certify to the comptroller |
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that the school has complied with the conditions imposed by Section |
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29.356. |
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Sec. 29.360. DUTIES OF COMPTROLLER. The comptroller shall |
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adopt rules, procedures, and forms for the payment of vouchers to |
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private schools on behalf of students attending those schools with |
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vouchers. |
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Sec. 29.361. EVALUATION AND REPORT. The commissioner, in |
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consultation with the school districts whose students are eligible |
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to participate in the pilot program, shall evaluate the program |
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established by this subchapter and report the evaluation, together |
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with recommendations, to the legislature not later than December 1, |
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2010. |
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Sec. 29.362. EXPIRATION. This subchapter expires |
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September 1, 2011, and vouchers may not be issued for the 2011-2012 |
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or a later school year. |
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SECTION 2. The commissioner of education and the |
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comptroller shall implement the public education voucher pilot |
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program as provided by Subchapter J, Chapter 29, Education Code, as |
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added by this Act, beginning with the 2007-2008 school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |