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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of teacher-sponsored academies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. TEACHER-SPONSORED ACADEMY PROGRAM |
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Sec. 12.201. PURPOSES. Teacher-sponsored academies are |
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established under this subchapter to provide highly qualified |
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education professionals an opportunity to: |
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(1) operate an educational institution and function |
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independently; and |
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(2) innovate and create educational programs tailored |
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specifically to the students enrolled in the academy. |
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Sec. 12.202. TEACHER-SPONSORED ACADEMY PROGRAM; RULES. (a) |
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The commissioner shall establish a teacher-sponsored academy |
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program under which eligible education professionals are |
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authorized to create and operate a teacher-sponsored academy in |
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accordance with this subchapter. |
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(b) The commissioner shall adopt rules to administer this |
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subchapter. The rules must include provisions relating to |
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prevention of fraud and abuse in financial transactions under the |
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teacher-sponsored academy program. |
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Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be |
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eligible to operate a teacher-sponsored academy under this |
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subchapter, an education professional must: |
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(1) have at least three years of classroom teaching |
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experience; |
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(2) have been rated as proficient or higher for at |
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least three years under the evaluation system used to evaluate the |
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professional; or |
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(3) have served as the principal of a school for at |
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least three years. |
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(b) A teacher-sponsored academy must be operated by at least |
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one eligible education professional and be formed as a corporation |
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governed under Title 2, Business Organizations Code. |
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Sec. 12.204. APPLICATION OF LAWS. A teacher-sponsored |
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academy is subject only to federal and state laws applicable to |
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schools accredited by an organization that is monitored and |
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approved by the Texas Private School Accreditation Commission. A |
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teacher-sponsored academy is not subject to state law applicable to |
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charter schools authorized by law other than this subchapter. |
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Sec. 12.205. INITIAL FUNDING. An eligible education |
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professional under Section 12.203 is responsible for securing |
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initial capital from sources other than public funding for the |
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establishment of a teacher-sponsored academy. The commissioner may |
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not provide any public or state funding to an eligible education |
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professional operating a teacher-sponsored academy during the |
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first 12 months of operation of the academy. |
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Sec. 12.206. GRANTING OF CHARTER. The commissioner shall |
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grant a charter to operate a teacher-sponsored academy to an |
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eligible education professional under Section 12.203 if the |
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professional provides to the commissioner: |
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(1) a viable business plan; |
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(2) proof of financial ability to fund 12 months of the |
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academy's anticipated expenses, presented in the form of a bank |
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letter of credit or other acceptable financial guarantee; and |
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(3) demonstration of parental and community interest |
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in the establishment of a teacher-sponsored academy. |
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Sec. 12.207. PUBLIC FUNDING. (a) Funding under this |
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section may only be provided for a school year after the first full |
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school year in which a teacher-sponsored academy is in operation. |
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(b) For each school year after the first school year in |
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which a teacher-sponsored academy is in operation, the commissioner |
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shall provide to a student who will attend a teacher-sponsored |
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academy or the student's parent an amount equal to 75 percent of the |
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average state funding per student received by open-enrollment |
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charter schools under Subchapter D during the preceding school |
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year. The student or the student's parent may assign the funding |
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received under this section to the teacher-sponsored academy the |
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student attends. The commissioner may adjust the amount provided |
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in accordance with the student's period of actual enrollment in the |
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academy during the school year. |
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(c) The commissioner shall provide the funding under |
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Subsection (b) to the student, to the student's parent, or, if the |
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funding has been assigned to the teacher-sponsored academy, to the |
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teacher-sponsored academy, not later than the 90th day after the |
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date the commissioner receives enrollment data reports from the |
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teacher-sponsored academy at the end of each school year for which |
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the academy is eligible for funding under this section. |
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(d) Federal funds and money from the available school fund |
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may not be used to make payments under this subchapter. |
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Sec. 12.208. REPORTS. (a) Not later than October 1 of each |
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year, the commissioner shall determine the estimated number of |
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students who are likely to attend each teacher-sponsored academy |
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authorized under this subchapter. The report must indicate the |
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school district a student attending a teacher-sponsored academy is |
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eligible to attend. |
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(b) Not later than March 1 of each year, the commissioner |
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shall provide actual numbers of students who attend each |
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teacher-sponsored academy. |
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(c) The agency shall modify estimates of funding under |
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Section 48.266 using the information reported under this section. |
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SECTION 2. As soon as possible but not later than the 45th |
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day after the effective date of this Act, the commissioner of |
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education shall establish the teacher-sponsored academy program as |
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required under Subchapter F, Chapter 12, Education Code, as added |
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by this Act. |
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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, 2023. |