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.