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.