HBA-MSH H.B. 1240 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1240
By: Wilson
Public Education
4/12/2001
Introduced



BACKGROUND AND PURPOSE 

According to the Texas Education Agency 146 public schools in Texas were
identified as low performing in 2000.  Over 20 percent of students taking
the Texas Assessment of Academic Skills (TAAS) did not pass all tests
taken.  Students who are not performing well might benefit from attending a
private school. House Bill 1240 creates a voucher pilot program for certain
educationally disadvantaged students in large school districts. 

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. 

ANALYSIS

House Bill 1240 amends the Education Code to create a public education
voucher pilot program.   The bill provides that a child is eligible to
receive vouchers if the child is educationally disadvantaged, eligible to
attend school in one of the six largest school districts as determined by
the commissioner of education (commissioner), was enrolled in a public
school district during the preceding year or is enrolling in school for the
first time, and either failed to perform on the most recent assessment
instrument or is eligible to attend another public school but has had an
application rejected.  The bill entitles a child to continue receiving a
voucher regardless of whether the child continues to meet the requirements
unless the child enrolls in a public school after using the voucher or a
change in residence affects the child's eligibility.  The bill requires a
school district to notify in writing the parent of each eligible child of
the child's eligibility to receive a voucher by a date established by the
commissioner.  The bill authorizes parents to apply for a voucher on behalf
of their children by notifying the school district by a date established by
the commissioner.  

The bill provides that the voucher is in an amount equal to the total
average per student funding amount for maintenance and operations in the
district the child would otherwise attend excluding money from the
available school fund.  If the tuition at the private school is less than
the child's voucher, the bill provides that the school district the child
would otherwise attend is entitled to the remaining amount.  The bill
provides that a child who attends a private school using a voucher is
included in determining the average daily attendance of the school district
the child would otherwise attend for purposes of the Foundation School
Program.  The bill provides that a voucher is payable from the school
district to the private school and is the entitlement of the child and not
of any school. 

The bill provides that a private school that accepts students with vouchers
must be accredited by a private organization recognized by the
commissioner.  The bill authorizes a newly established private school to
receive voucher funds if the school applies for accreditation before
accepting students under the program. The bill authorizes the commissioner
to waive accreditation requirements for private schools with good cause. 

The bill prohibits a private school from refusing to enroll a child with a
voucher on the basis of a child's  residence, race, national origin, ethnic
background, religion, disability, or academic achievement.  The bill
authorizes a private school to refuse to enroll a child with a voucher if
the child has been expelled from a public school or has a criminal record.
The bill prohibits a private school from considering the athletic ability
of a child with a voucher in any admission process.  The bill provides that
a private school that has more applicants with vouchers than positions in
the school must fill the positions by lottery not later than July 1 of each
year.  The bill authorizes a private school to give preference to an
enrolled student and to siblings or children residing in the same house as
an enrolled student. 

The bill prohibits a private school from charging a child any tuition in
addition to the voucher or in an amount greater than the standard tuition
rate of the school.  The bill prohibits a private school from assessing any
additional charge other than a fee a board of trustees of a school district
is authorized to charge.  The bill requires private schools to administer
assessment instruments to students with vouchers in the same manner those
tests are administered in public schools.  The bill requires a private
school to report to the commissioner concerning the school's performance on
the academic excellence indicators for the students with vouchers.  The
bill requires the commissioner to publish the school's performance
information.  The bill provides that a private school must certify to the
comptroller of public accounts that the school has complied with the
provisions relating to the admission of voucher students.   The bill
requires the comptroller to adopt rules, procedures, and forms for the
payment of vouchers to private schools. 

The bill requires the State Board of Education to implement the pilot
program beginning with the 20012002 school year.  The bill requires the
commissioner in consultation with the school districts whose students are
eligible to participate in the program to evaluate the program and report
the evaluation and recommendations to the legislature not later than
December 1, 2004.  The bill provides that the program will expire September
1, 2005 and prohibits the issuance of vouchers for the 2005-2006 or a later
school year. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.