HBA-PDH H.B. 709 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 709
By: Krusee
Public Education
4/20/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a child may only attend a public school in the district where
the child resides unless the cost of private school tuition is available to
the child.  H.B. 709 creates a pilot voucher program targeted for students
who failed the Texas Academic Assessment Skills (TAAS) test.  The bill
provides specific criteria for qualifying for the voucher, that a child may
keep the voucher until graduation unless the student re-enrolls in a public
school or if the child no longer resides in a district which meets the
specified criteria, and that a school district is limited to 5,000 vouchers
and must conduct a lottery if there are applications in excess of limit. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the comptroller in SECTION 1 (Section
29.361, 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 SCHOLARSHIP PROGRAM

Sec. 29.351.  DEFINITIONS.  Defines "parent," "private school," and
"scholarship." 

Sec. 29.352.  ELIGIBLE CHILD. (a) Provides that a child is eligible for a
public education scholarship to pay for private school tuition if the
child: 

(1)is educationally disadvantaged;
(2)is eligible to attend school under Section 25.001 (Admission), Education
Code, in a school district that has at least 60,000 students in average
daily attendance and the majority of the district's territory is within the
boundaries of a municipality with a population of at least one million; 
(3) was enrolled in a public school district the previous school year or is
enrolling in prekindergarten, kindergarten, or first grade for the first
time; and 
(4)failed to perform satisfactorily on the most recent assessment
instrument administered to the child under Section 39.023(a), (b), or (c)
(Adoption and Administration of Instruments), Education Code, unless such
an assessment instrument has not been administered to the child. 

(b)  Entitles a child after establishing eligibility under Subsection (a)
and attending private school using a scholarship, to continue receiving the
scholarship until the date a child graduates from high school or the
child's 21st birthday, whichever is earlier, unless the child enrolls in a
public school district after using the scholarship or moves out of the
district where eligibility for the scholarship was established. 

Sec. 29.353.  LIMITATION ON NUMBER OF SCHOLARSHIPS.  Provides that not more
than 5,000 children in a school district may receive scholarships at the
same time.  Requires the Texas Education Agency (agency) to award the
scholarships based on a lottery administered by the agency if more than
5,000 children seek a scholarship. 
 
Sec. 29.354.  PARENTAL NOTIFICATION.  Requires a school district described
by Section 29.352 (a) (2) to notify in writing each eligible child's parent
of the child's eligibility for a scholarship by a date established by the
commissioner of education (commissioner). Authorizes a parent to apply for
a scholarship on behalf of the parent's child by notifying the school
district by a date established by the commissioner. 

Sec. 29.355.  AMOUNT OF SCHOLARSHIP; FINANCING.  (a)  Provides that a
child's scholarship is an amount equal to the total average per student
funding amount in the school district the child would otherwise attend
during the preceding school year for maintenance and operations, including
state and local funding, but excluding money from the available school
fund.   

(b) Entitles an eligible child attending a private school to receive 100
percent of the child's scholarship unless the tuition charged is less than
the amount of the scholarship. Entitles the school district the child would
otherwise attend to any surplus if the tuition charged is less than the
scholarship. 

(c) Provides that an eligible child who attends a private school using a
scholarship is included in determining the average daily attendance under
Section 42.005 (Average Daily Attendance), Education Code, of the school
district in which the student would otherwise attend school. 

(d) Provides that a child's scholarship is payable from the school district
to the private school on behalf of the child.  Provides that the
scholarship is the entitlement of the child, under supervision of the
child's parent, is not an entitlement of any school, and is paid to a
school solely as a means of administrative convenience. 

Sec. 29.356.  ACCREDITATION.  Provides that a private school accepting
students with scholarships must be accredited by a private organization
recognized by the commissioner. Authorizes a newly established private
school to receive scholarship funds without accreditation if the school
applies for accreditation before accepting students under the program.
Authorizes the commissioner to waive these requirements for good cause. 

Sec. 29.357.  ADMISSIONS.  (a)  Prohibits a private school from refusing to
enroll a child with a scholarship on the basis of the child's residence,
race, national origin, ethnic background, religion, or academic
achievement. 

(b) Authorizes a private school to refuse to enroll a child with a
scholarship if the child has been expelled from a school district or has a
criminal record. 

(c) Prohibits a private school from considering the athletic ability of a
child with a scholarship in the admission process. 

(d)  Provides that a private school having more applicants with
scholarships than available positions must fill the positions by lottery.
Provides that a private school must declare the number of available
positions and conduct the lottery for the next school year not later than
July 1 of each year. 

(e) Authorizes a private school to give preference to an enrolled student
to achieve continuity and to siblings of an enrolled student or children
residing in the same household as an enrolled student for the convenience
of the parents of those children. 

Sec. 29.358.  TUITION; ADDITIONAL CHARGES AND FEES.  Prohibits a private
school from charging an eligible child attending the school with a
scholarship more tuition than the scholarship awarded, an amount that
exceeds the standard tuition rate at the school, or assess any additional
cost for providing an educational program or service to a child other than
that authorized under Section 11.158 (Authority to Charge Fees), Education
Code. 

 Sec. 29.359.  ACCOUNTABILITY.  (a) Requires a private school to administer
to each student with a scholarship who is enrolled in the school the
assessment instruments required under Section 39.023(a), (b), or (c)
(Adoption and Administration of Instruments), Education Code, or other
comparable assessment instruments approved by the commissioner, in the same
manner as those instruments are administered to public school students. 

(b)  Requires a private school to report to the commissioner concerning the
school's performance on the academic excellence indicators under Section
39.051 (Academic Excellence Indicators), Education Code, for students with
scholarships who are enrolled in the school.  Requires the commissioner to
publish the school's performance information and make it available to
parents for review. 

Sec. 29.360.  CERTIFICATION TO COMPTROLLER.  Requires a private school to
certify to the comptroller that the school has complied with the conditions
imposed by Section 29.357, Education Code, in order to receive scholarship
funds. 

Sec. 29.361.  DUTIES OF COMPTROLLER.  Requires the comptroller to adopt
rules, procedures, and forms for the payment of scholarships to private
schools on behalf of students attending those schools with scholarships. 

SECTION 2.Makes application of this Act prospective beginning with the
1999-2000 school year. 

SECTION 3.  Emergency clause.
  Effective date: upon passage.