BILL ANALYSIS

S.B. 453

By: Deuell

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that currently, a student from another country who wishes to attend public high school in Texas can legally be present in the United States under a particular visa issued to students enrolled in a nationally recognized foreign exchange student program, but not under a visa under which the student reimburses the public school for the cost of providing the student's education, because the legislature has not given school districts statutory authority to charge tuition.  S.B. 453 seeks to provide that authority as it relates to payment of tuition to attend a public school for students holding certain United States student visas.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

S.B. 453 amends the Education Code to require a school district or open-enrollment charter school, if a student attending a school in the district or the charter school is required as a condition of obtaining or holding the appropriate United States student visa to pay tuition to the district or charter school to cover the cost of the student's education, to accept tuition for the student in an amount equal to the full unsubsidized per capita cost of providing the student's education for the period of the student's attendance at school in the district or at the charter school. The bill requires the commissioner of education to develop guidelines for determining the amount of the full unsubsidized per capita cost of providing a student's education. The bill caps the amount of tuition a district or charter school may accept at the amount computed under the commissioner's guidelines, unless the commissioner approves a greater amount as a more accurate reflection of the cost of education to be provided by the district or charter school. The bill clarifies that the attendance of a student for whom a school district or charter school accepts tuition is not counted for purposes of allocating state funds to the district or charter school. The bill's provisions apply beginning with the 2013-2014 school year.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.