HBA-LCA H.B. 2366 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2366 By: Wilson Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE Currently, Texas does not have a Public Education Voucher Pilot Program. H.B. 2366 creates such a program. This bill provides for a private school voucher if the child is educationally disadvantaged, is eligible to attend school in one of the six largest school districts for the 1999-2000 school year, was enrolled in a public school district during the preceding year, and failed to perform satisfactorily on the most recent assessment instrument administered to the child. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the comptroller of public accounts in SECTION 1 (Section 29.360, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 29, Education Code, by adding Subchapter J, as follows: SUBCHAPTER J. PUBLIC EDUCATION VOUCHER PILOT PROGRAM. Sec. 29.351. DEFINITIONS. Provides that "parent" includes a guardian or custodian. Provides that "private school" means a nongovernmental educational establishment that exists for the general education of elementary and secondary students that does not provide education in a home setting, by the parent, or that limits enrollment to relatives of the school's staff. Sec. 29.352. ELIGIBLE CHILD. (a) Provides that a child is eligible for a private school voucher if the child is educationally disadvantaged; is eligible to attend school in one of the six largest school districts for the 1999-2000 school year; was enrolled in a public school district during the preceding year or is enrolling in prekindergarten, kindergarten, or first grade for the first time; and failed to perform satisfactorily on the most recent assessment instrument administered to the child under Section 39(a), (b), or (c) (Adoption and Administration of Instruments) or is eligible under Subchapter G (Public Education Grant Program) to attend another public school in the district or in another district, but the application to do so has been rejected. (b) Entitles a child who receives and uses a voucher to continue to receive the voucher regardless of whether the child continues to meet the eligibility requirements under Subsection (a) until the earlier of the date of the child's graduation from high school or the child's 21st birthday. Provides that enrollment in a public school, or loss of entitlement to attend school in the district under which eligibility for the voucher was established, disqualifies a child from using a voucher. Sec. 29.353. PARENTAL NOTIFICATION. (a) Requires a school district, under Section 29.352(a), to notify the parent of each eligible child of the child's eligibility for a voucher. (b) Provides that a parent may apply for a voucher by notifying the school district by a date determined by the commissioner of education (commissioner). Sec. 29.354. AMOUNT OF VOUCHER; FINANCING. (a) Provides that voucher is an amount equal to the average per student funding amount for maintenance and operations in the child's school district. Includes state and local funding in the voucher amount, and excludes money from the available school fund. (b) Entitles a school district to the difference in the voucher amount and the private school tuition if the tuition is lower than the voucher amount. (c) Provides that an eligible child who attends a private school using a voucher is included in the average daily attendance in the child's regular school district. (d) Provides that the school district pay the private school on behalf of the child. Provides that the voucher is the entitlement of the child, not of a school. Sec. 29.355. ACCREDITATION. (a) Provides that a private school accepting vouchers must be accredited. (b) Provides that a new private school may receive vouchers if the school has applied for accreditation before accepting students under the program. (c) Provides that the commissioner may waive the requirements of this section. Sec. 29.356. ADMISSIONS. (a) Prohibits a private school from refusing to enroll a child with a voucher on the basis of residence, race, national origin, ethnic background, religion, disability, or academic achievement. (b) Provides that a private school may refuse to enroll a child with a voucher who has been expelled from a school district or who has a criminal record. (c) Prohibits a private school from considering the athletic ability of a child with a voucher in the admission of the child. (d) Provides that a private school having more applicants with vouchers than available positions must fill the positions by a lottery conducted not later than July 1 for the next school year, except as provided by Subsection (e). (e) Provides that a private school may give preference to enrolled students and to siblings of or children residing in the same household as an enrolled student. Sec. 29.357. TUITION; ADDITIONAL CHARGES AND FEES. Prohibits a private school from charging a child with a voucher additional tuition or tuition greater than the school's standard tuition. Prohibits a private school from assessing any additional charge, other than a charge authorized under Section 11.158 (Authority to Charge Fees). Sec. 29.358. ACCOUNTABILITY. (a) Requires a private school to administer the assessment instruments required under Section 39.023(a), (b), or (c) (Public School System Accountability), or other comparable assessment instruments approved by the commissioner, in the same manner that they are administered to public school students. (b) Requires a private school to report to the commissioner the school's performance on the academic excellence indicators under Section 39.051 for students with vouchers. Requires the commissioner to publish the performance information and make it available to parents. Sec. 29.359. CERTIFICATION TO COMPTROLLER. Provides that a school must certify to the comptroller of public accounts (comptroller) that it has complied with the conditions imposed by Section 29.356. Sec. 29.360. DUTIES OF COMPTROLLER. Requires the comptroller to adopt rules, procedures, and forms for the payment of vouchers to private schools. Sec. 29.361. EVALUATION AND REPORT. Requires the commissioner, in consultation with the eligible school districts, to evaluate the school voucher pilot program and report the evaluation and recommendations to the legislature by December 1, 2002. Sec. 29.362. Provides that this subchapter expires September 1, 2003 and that vouchers may not be issued for the 2003-2004 or a later school year. SECTION 2. Requires the State Board of Education to implement the public education voucher pilot program as added by this Act beginning with the 1999-2000 school year. SECTION 3. Emergency clause. Effective date: upon passage.