79R3805 PAM-F

By:  Harper-Brown                                                 H.B. No. 1263


A BILL TO BE ENTITLED
AN ACT
relating to an urban school choice pilot program for certain public school students. 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. URBAN SCHOOL CHOICE PILOT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter: (1) "Parent" includes a guardian, custodian, or other person with authority to act on behalf of the child. (2) "Program" means the urban school choice pilot program described by this subchapter. (3) "Qualifying school" means a nongovernmental community-based educational establishment that exists for the public good and for the general education of elementary and secondary students. The term does not include a school that provides education in a home setting or that limits enrollment to relatives of the school's staff. Sec. 29.352. PROGRAM. An eligible child under Section 29.354 may, at the option of the child's parent: (1) attend any public school in the district in which the child resides as provided by Subchapter G; (2) subject to the limitations of Section 29.203, attend a public school in a district other than the district in which the student resides as provided by Subchapter G; or (3) receive a scholarship as provided by Section 29.355 to pay the costs of attending a qualifying school. Sec. 29.353. ELIGIBLE DISTRICT. (a) This subchapter applies only to a school district that is located in a county with a population of 800,000 or more. (b) A school district subject to this subchapter is eligible to participate in the program if: (1) the district is the largest district in the county in which a majority of the students are educationally disadvantaged; or (2) at least 90 percent of the students in the district were educationally disadvantaged during the preceding school year. Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to participate in the program if the child: (1) resides in an eligible district and has dropped out of school; or (2) resides in an eligible district, attended a public school for the majority of the preceding semester or is starting school for the first time and satisfies one or more of the following criteria: (A) is a student at risk of dropping out of school, as defined by Section 29.081; (B) is the victim or is the sibling of a victim of conduct described by Section 37.006(a)(2)(B) or 37.007(a)(2) that is committed by a student who at the time the conduct occurred was assigned to the same campus as the victim or the sibling of the victim, regardless of whether the conduct occurred on campus; (C) is in kindergarten through grade 12 and eligible under Section 29.003 to participate in a school district's special education program; (D) is a student of limited English proficiency, as defined by Section 29.052; or (E) resides in a household in which the annual household income, according to the most recently filed federal income tax return, did not exceed 200 percent of the qualifying income for a reduced-price lunch under the national free or reduced-price lunch program established under 42 U.S.C. Section 1751 et seq. (b) A school district shall provide written notice of the program to the parent of a student who is eligible to participate in the program under Subsection (a)(2)(B), (C), or (D). (c) Notwithstanding any other provision of this subchapter, a child who establishes eligibility under this section may continue participating in the program until the earlier of the date the child graduates from high school or the child's 21st birthday. A child does not become ineligible under this section if the child no longer resides in an eligible district. Sec. 29.355. FINANCING; SCHOLARSHIP. (a) Except as provided by Subsection (b), a child who attends a qualifying school under this subchapter is entitled to receive an annual scholarship in an amount equal to the lesser of: (1) 90 percent of the statewide average annual cost per student for the preceding school year as published by the agency not later than June 1 of each year; or (2) the qualifying school's average actual annual cost per student. (b) If a child is eligible under Section 29.003(b) to participate in a school district's special education program or under Section 29.056 to participate in a school district's bilingual education or special language program and receives special education services or bilingual education or special language services at the qualifying school, the amount of the child's scholarship: (1) includes an amount equal to the amount of funding to which the school district in which the child resides would be entitled under Section 42.151 or 42.153, as applicable, for the child; and (2) may exceed the maximum scholarship amount provided by Subsection (a). (c) On application by the parent of an eligible child, the agency shall provide the child's application to a schools of choice resource center selected by the agency under Section 29.363. The schools of choice resource center shall determine whether a child is eligible for participation in the program under Section 29.354. If the schools of choice resource center determines that the child is eligible for participation in the program, the agency shall issue a scholarship certificate to the parent. The parent shall endorse and present the certificate to the qualifying school chosen by the parent. If there is not a schools of choice resource center, the agency shall determine a child's eligibility in accordance with rules adopted under Subsection (h)(2). (d) The qualifying school the child attends must endorse and present the child's scholarship certificate to the agency to receive payment. The agency shall distribute to the qualifying school the amount of the child's scholarship under Subsection (a) and any additional funds to which the child is entitled under Subsection (b). (e) The agency shall direct the distribution of funds to the qualifying school the child attends on a monthly pro rata basis after educational services have been provided. The agency shall require that the qualifying school submit documentation of the child's attendance before the agency directs funds to the qualifying school. The payment shall be made not later than the 30th day after the date on which the agency receives from the qualifying school a request for payment. (f) The child's scholarship is the entitlement of the child, under the supervision of the child's parent, and not that of any school. (g) A qualifying school may not share a child's scholarship with or refund or rebate a child's scholarship to the parent or the child in any manner. (h) The agency shall adopt rules regarding: (1) the calculation and distribution of payments for qualifying schools; and (2) application and approval procedures for qualifying school and student participation in the program. (i) A child's scholarship may not be financed by money appropriated from the available school fund. Sec. 29.356. PARTICIPATION BY QUALIFYING SCHOOLS. To participate in the program, a qualifying school must: (1) be accredited by or have filed an application for accreditation by an accrediting association recognized by the commissioner to accredit nongovernmental schools in this state; and (2) not advocate or foster unlawful behavior or teach hatred of any person or group on the basis of race, ethnicity, national origin, or religion. Sec. 29.357. ADMISSIONS. (a) A qualifying school chosen by an eligible child's parent under this subchapter may not deny admission by discriminating on the basis of the child's race, national origin, or ethnicity and must comply with the requirements of: (1) 42 U.S.C. Section 2000d et seq. with respect to nondiscrimination on the basis of race, color, or national origin; and (2) Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), with respect to nondiscrimination on the basis of disability. (b) Except as provided by this subsection, a qualifying school that has more qualified scholarship applicants for attendance under this subchapter than available positions must fill the available scholarship positions by a random selection process. To achieve continuity in education, a school may give preference among scholarship applicants to: (1) a previously enrolled student and to other children residing in the same household as a previously enrolled student; (2) a student who is eligible for participation in the program under Section 29.354(a)(2)(B); and (3) a student from a school considered low-performing under Section 39.132. (c) A qualifying school may submit a written request for student records from the public school previously attended by an eligible child. On receipt of a request submitted under this subsection the public school shall in a timely manner deliver to the qualifying school a copy of the school's complete student records for that child, including attendance records, disciplinary records, past results of any assessment instruments administered to the child, the child's individualized educational program, and any other comprehensive assessments from each school the child previously attended. A public school that is required to release student records under this subsection shall comply with any applicable provision of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). Sec. 29.358. ACCOUNTABILITY. (a) Each qualifying school that enrolls a child under this subchapter shall annually administer in the spring: (1) the appropriate assessment instrument required under Section 39.023; or (2) a nationally norm-referenced assessment instrument approved by the agency. (b) The school shall provide: (1) the child's results to the child's parent; (2) the aggregated results of the assessment instruments to the public; and (3) individual student results to researchers as required under Section 29.364, with appropriate safeguards for student privacy. Sec. 29.359. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying school that accepts a scholarship under this subchapter is not an agent or arm of the state or federal government. (b) Except as provided by this subchapter, the commissioner, the agency, the State Board of Education, or any other state agency may not regulate the educational program of a qualifying school that accepts a scholarship under this subchapter. (c) The purpose of this subchapter is to allow maximum freedom to the private sector to respond to and provide for the educational needs of the children of this state without governmental control, and this subchapter shall be liberally construed to achieve that purpose. Sec. 29.360. LIMITATION ON NUMBER OF PARTICIPATING CHILDREN. (a) Except as provided by Subsection (b), for the 2005–2006, 2006–2007, and 2007–2008 school years, the annual number of new student enrollments in the program from each eligible district is limited to five percent of the number of students in the district as of October 1 of the preceding school year. (b) This section does not apply to a child who is eligible for participation in the program under Section 29.354(a)(2)(B). (c) This section expires September 1, 2008. Sec. 29.361. RULES. (a) The commissioner shall adopt rules as necessary to implement, administer, and enforce the program. (b) A rule adopted under this section is binding on any other state or local governmental entity, including a political subdivision, as necessary to implement, administer, and enforce the program. Sec. 29.362. PROGRAM COMPLIANCE. (a) The agency shall respond to and investigate any complaint or dispute arising under this subchapter. (b) The agency shall enforce this subchapter and any rule adopted under this subchapter and may withhold funds from any district or qualifying school that violates this subchapter or a rule adopted under this subchapter. Sec. 29.363. SCHOOLS OF CHOICE RESOURCE CENTERS. (a) The agency shall select one or more independent and privately funded nonprofit organizations to establish and operate schools of choice resource centers in each eligible district. (b) A schools of choice resource center shall: (1) assist parents in learning how to be better education consumers; (2) provide information on educational alternatives; (3) assist parents, schools, and school districts in implementing and responding to the program; and (4) accept and approve applications for participation in the program as required by Section 29.355(c) and in accordance with rules adopted under Section 29.355(h)(2). (c) This section expires September 30, 2013. Sec. 29.364. EVALUATION OF PROGRAM. (a) Using funds other than state funds, the agency shall contract with one or more researchers experienced in evaluating school choice programs to conduct a study of the program. (b) The study described by Subsection (a) must assess: (1) each participating student's performance on annual assessment instruments before and after entering the program; (2) the level of a participating student's satisfaction with the program; (3) the level of parent satisfaction with the program; (4) the overall impact of the program on public school students and on the districts and schools from which the participating students transferred; and (5) the impact of the program on public and private school capacity, availability, and quality of service. (c) The study shall incorporate appropriate analytical and behavioral science methodologies to ensure public confidence in the study. (d) Schools and school districts to and from which students transfer to participate in the program shall cooperate with the research effort by providing student assessment instrument scores and any other data necessary to meet the requirements of this subchapter. (e) The agency shall provide the legislature with a final copy of the study of the program. (f) The agency may accept grants to pay the costs of implementing this section. (g) This section expires June 1, 2014. SECTION 2. Effective August 1, 2010, Section 29.353, Education Code, as added by Section 1 of this Act, is reenacted and amended to read as follows: Sec. 29.353. ELIGIBLE DISTRICT. A school district is eligible to participate in the program if: (1) the district is located in a county with a population of 800,000 or more and: (A) the district is the largest district in the county in which a majority of the students are educationally disadvantaged; or (B) at least 90 percent of the students in the district were educationally disadvantaged during the preceding school year; or (2) the board of trustees of the district adopts a resolution to participate in the program. SECTION 3. Effective August 1, 2010, Section 29.354, Education Code, as added by Section 1 of this Act, is reenacted and amended to read as follows: Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to participate in the program if the child resides in an eligible district and the child attended a public school for the majority of a preceding semester, has dropped out of school, or is starting school for the first time. (b) A child who establishes eligibility under this section may continue participating in the program until the date the child graduates from high school or the child's 21st birthday, whichever is earlier. SECTION 4. Effective August 1, 2010, Section 29.357(b), Education Code, as added by Section 1 of this Act, is reenacted and amended to read as follows: (b) Except as provided by this subsection, a qualifying school that has more qualified scholarship applicants for attendance under this subchapter than available positions must fill the available scholarship positions by a random selection process. To achieve continuity in education, a school may give preference among scholarship applicants to: (1) a previously enrolled student and to other children residing in the same household as a previously enrolled student; (2) a student who is the victim or the sibling of a victim of conduct described by Section 37.006(a)(2)(B) or 37.007(a)(2) that is committed by a student who, at the time the conduct occurred, was assigned to the same campus as the victim or the sibling of the victim, regardless of whether the conduct occurred on campus; and (3) a student from a school considered low-performing under Section 39.132. SECTION 5. Section 29.202(a), Education Code, is amended to read as follows: (a) A student is eligible to receive a public education grant or to attend another public school in the district in which the student resides under this subchapter if the student is assigned to attend a public school campus: (1) at which 50 percent or more of the students did not perform satisfactorily on an assessment instrument administered under Section 39.023(a) or (c) in any two of the preceding three years; [or] (2) that was, at any time in the preceding three years, considered low-performing under Section 39.132; or (3) that is in a district whose students may use an education scholarship under Subchapter J, Chapter 29, and the student is an eligible child under Section 29.354. SECTION 6. (a) The Texas Education Agency shall make the urban school choice pilot program as provided by Subchapter J, Chapter 29, Education Code, as added by this Act, available for participation beginning with the 2005-2006 academic school year. (b) As soon as practicable, the commissioner of education shall adopt and implement rules necessary for the administration of the program. SECTION 7. (a) The constitutionality and other validity under the state or federal constitution of all or any part of this article may be determined in an action for declaratory judgment in a district court in Travis County under Chapter 37, Civil Practice and Remedies Code. (b) An appeal of a declaratory judgment or order, however characterized, of a district court, including an appeal of the judgment of an appellate court, holding or otherwise determining that all or any part of this article is constitutional or unconstitutional, or otherwise valid or invalid, under the state or federal constitution is an accelerated appeal. (c) If the judgment or order is interlocutory, an interlocutory appeal may be taken from the judgment or order and is an accelerated appeal. (d) A district court in Travis County may grant or deny a temporary or otherwise interlocutory injunction or a permanent injunction on the grounds of the constitutionality or unconstitutionality, or other validity or invalidity, under the state or federal constitution of all or any part of this article. (e) There is a direct appeal to the supreme court from an order, however characterized, of a trial court granting or denying a temporary or otherwise interlocutory injunction or a permanent injunction on the grounds of the constitutionality or unconstitutionality, or other validity or invalidity, under the state or federal constitution of all or any part of this article. (f) The direct appeal is an accelerated appeal. (g) This section exercises the authority granted by Section 3-b, Article V, Texas Constitution. (h) The filing of a direct appeal under this section will automatically stay any temporary or otherwise interlocutory injunction or permanent injunction granted in accordance with this section pending final determination by the supreme court, unless the supreme court makes specific findings that the applicant seeking such injunctive relief has pleaded and proved that: (1) the applicant has a probable right to the relief it seeks on final hearing; and (2) the applicant will suffer a probable injury that is imminent and irreparable, and that the applicant has no other adequate legal remedy. (i) An appeal under this section, including an interlocutory, accelerated, or direct appeal, is governed, as applicable, by the Texas Rules of Appellate Procedure, including Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), 38.6(a) and (b), 40.1(b), and 49.4. SECTION 8. 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, 2005.