Texas 2015 - 84th Regular

Texas Senate Bill SB1611 Compare Versions

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11 2015S0330-1 02/25/15
22 By: Huffines S.B. No. 1611
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the establishment of professional charter academies.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Chapter 12, Education Code, is amended by adding
1010 Subchapter F to read as follows:
1111 SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM
1212 Sec. 12.201. PURPOSE. The purpose of this subchapter is to
1313 give education professionals the opportunity to function
1414 independently, with property rights similar to those afforded other
1515 professionals and the rewards inherent in those rights.
1616 Sec. 12.202. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES.
1717 (a) The comptroller, in coordination with the commissioner, shall
1818 establish a professional charter academy program under which
1919 eligible education professionals are authorized to create a
2020 professional charter academy in accordance with this subchapter.
2121 (b) The comptroller, in coordination with the commissioner,
2222 shall adopt rules to administer this subchapter. The rules must
2323 include provisions relating to prevention of fraud in financial
2424 transactions under the professional charter academy program.
2525 Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
2626 eligible to operate a professional charter academy under this
2727 subchapter, an education professional must:
2828 (1) have at least five years of classroom teaching
2929 experience;
3030 (2) have been rated as proficient or higher for at
3131 least five years under the evaluation system used to evaluate the
3232 professional; or
3333 (3) have served as the principal of a school for at
3434 least five years.
3535 (b) A professional charter academy must be operated by at
3636 least one eligible education professional.
3737 Sec. 12.204. APPLICATION OF LAWS. A professional charter
3838 academy is subject only to federal and state laws applicable to
3939 private schools. A professional charter academy is not subject to
4040 state law applicable to charter schools authorized by law other
4141 than this subchapter.
4242 Sec. 12.205. INITIAL FUNDING. An eligible education
4343 professional under Section 12.203 is responsible for securing
4444 initial capital from sources other than public funding for the
4545 establishment of a professional charter academy.
4646 Sec. 12.206. GRANTING OF CHARTER. The comptroller shall
4747 grant a charter to operate a professional charter academy to an
4848 eligible professional under Section 12.203 if the professional
4949 provides to the comptroller:
5050 (1) an educational business plan acceptable to the
5151 comptroller;
5252 (2) proof of financial ability to fund 12 months of the
5353 academy's anticipated expenses, presented in the form of a bank
5454 letter of credit or other acceptable financial guarantee; and
5555 (3) demonstration of parental and community interest
5656 in the establishment of a professional charter academy.
5757 Sec. 12.207. PUBLIC FUNDING. (a) For each school year,
5858 the comptroller shall provide to a student who will attend a
5959 professional charter academy or the student's parent an amount
6060 equal to the average state funding per student received by
6161 open-enrollment charter schools during the preceding school year.
6262 The student or the student's parent may assign the funding received
6363 under this section to the professional charter academy the student
6464 attends. The comptroller may adjust the amount provided in
6565 accordance with the student's actual attendance.
6666 (b) The comptroller shall provide funding to the student, to
6767 the student's parent, or, if the funding has been assigned to the
6868 professional charter academy, to the professional charter academy,
6969 not later than the 90th day after the comptroller receives data
7070 attendance reports from the professional charter academy at the end
7171 of the school year.
7272 (c) Federal funds and money from the available school fund
7373 may not be used to make payments under this subchapter.
7474 Sec. 12.208. REPORTS. (a) Not later than October 1 of each
7575 year, the comptroller shall report to the commissioner and the
7676 Legislative Budget Board the estimated number of students who are
7777 likely to attend each professional charter academy authorized under
7878 this subchapter. The report must indicate the school district a
7979 student attending a professional charter academy is eligible to
8080 attend.
8181 (b) Not later than March 1 of each year, the comptroller
8282 shall provide actual numbers of students who attend each
8383 professional charter academy.
8484 (c) The comptroller, the Legislative Budget Board, and the
8585 agency shall modify estimates of funding under Section 42.253 using
8686 the information reported under this section.
8787 SECTION 2. As soon as possible but not later than the 45th
8888 day after the effective date of this Act, the comptroller of public
8989 accounts, in coordination with the commissioner of education, shall
9090 establish the professional charter academy program as required
9191 under Subchapter F, Chapter 12, Education Code, as added by this
9292 Act.
9393 SECTION 3. This Act takes effect immediately if it receives
9494 a vote of two-thirds of all the members elected to each house, as
9595 provided by Section 39, Article III, Texas Constitution. If this
9696 Act does not receive the vote necessary for immediate effect, this
9797 Act takes effect September 1, 2015.