1 | 1 | | 2015S0330-1 02/25/15 |
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2 | 2 | | By: Huffines S.B. No. 1611 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the establishment of professional charter academies. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Chapter 12, Education Code, is amended by adding |
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10 | 10 | | Subchapter F to read as follows: |
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11 | 11 | | SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM |
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12 | 12 | | Sec. 12.201. PURPOSE. The purpose of this subchapter is to |
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13 | 13 | | give education professionals the opportunity to function |
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14 | 14 | | independently, with property rights similar to those afforded other |
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15 | 15 | | professionals and the rewards inherent in those rights. |
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16 | 16 | | Sec. 12.202. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES. |
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17 | 17 | | (a) The comptroller, in coordination with the commissioner, shall |
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18 | 18 | | establish a professional charter academy program under which |
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19 | 19 | | eligible education professionals are authorized to create a |
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20 | 20 | | professional charter academy in accordance with this subchapter. |
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21 | 21 | | (b) The comptroller, in coordination with the commissioner, |
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22 | 22 | | shall adopt rules to administer this subchapter. The rules must |
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23 | 23 | | include provisions relating to prevention of fraud in financial |
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24 | 24 | | transactions under the professional charter academy program. |
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25 | 25 | | Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be |
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26 | 26 | | eligible to operate a professional charter academy under this |
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27 | 27 | | subchapter, an education professional must: |
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28 | 28 | | (1) have at least five years of classroom teaching |
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29 | 29 | | experience; |
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30 | 30 | | (2) have been rated as proficient or higher for at |
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31 | 31 | | least five years under the evaluation system used to evaluate the |
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32 | 32 | | professional; or |
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33 | 33 | | (3) have served as the principal of a school for at |
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34 | 34 | | least five years. |
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35 | 35 | | (b) A professional charter academy must be operated by at |
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36 | 36 | | least one eligible education professional. |
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37 | 37 | | Sec. 12.204. APPLICATION OF LAWS. A professional charter |
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38 | 38 | | academy is subject only to federal and state laws applicable to |
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39 | 39 | | private schools. A professional charter academy is not subject to |
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40 | 40 | | state law applicable to charter schools authorized by law other |
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41 | 41 | | than this subchapter. |
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42 | 42 | | Sec. 12.205. INITIAL FUNDING. An eligible education |
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43 | 43 | | professional under Section 12.203 is responsible for securing |
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44 | 44 | | initial capital from sources other than public funding for the |
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45 | 45 | | establishment of a professional charter academy. |
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46 | 46 | | Sec. 12.206. GRANTING OF CHARTER. The comptroller shall |
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47 | 47 | | grant a charter to operate a professional charter academy to an |
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48 | 48 | | eligible professional under Section 12.203 if the professional |
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49 | 49 | | provides to the comptroller: |
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50 | 50 | | (1) an educational business plan acceptable to the |
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51 | 51 | | comptroller; |
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52 | 52 | | (2) proof of financial ability to fund 12 months of the |
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53 | 53 | | academy's anticipated expenses, presented in the form of a bank |
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54 | 54 | | letter of credit or other acceptable financial guarantee; and |
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55 | 55 | | (3) demonstration of parental and community interest |
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56 | 56 | | in the establishment of a professional charter academy. |
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57 | 57 | | Sec. 12.207. PUBLIC FUNDING. (a) For each school year, |
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58 | 58 | | the comptroller shall provide to a student who will attend a |
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59 | 59 | | professional charter academy or the student's parent an amount |
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60 | 60 | | equal to the average state funding per student received by |
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61 | 61 | | open-enrollment charter schools during the preceding school year. |
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62 | 62 | | The student or the student's parent may assign the funding received |
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63 | 63 | | under this section to the professional charter academy the student |
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64 | 64 | | attends. The comptroller may adjust the amount provided in |
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65 | 65 | | accordance with the student's actual attendance. |
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66 | 66 | | (b) The comptroller shall provide funding to the student, to |
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67 | 67 | | the student's parent, or, if the funding has been assigned to the |
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68 | 68 | | professional charter academy, to the professional charter academy, |
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69 | 69 | | not later than the 90th day after the comptroller receives data |
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70 | 70 | | attendance reports from the professional charter academy at the end |
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71 | 71 | | of the school year. |
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72 | 72 | | (c) Federal funds and money from the available school fund |
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73 | 73 | | may not be used to make payments under this subchapter. |
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74 | 74 | | Sec. 12.208. REPORTS. (a) Not later than October 1 of each |
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75 | 75 | | year, the comptroller shall report to the commissioner and the |
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76 | 76 | | Legislative Budget Board the estimated number of students who are |
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77 | 77 | | likely to attend each professional charter academy authorized under |
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78 | 78 | | this subchapter. The report must indicate the school district a |
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79 | 79 | | student attending a professional charter academy is eligible to |
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80 | 80 | | attend. |
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81 | 81 | | (b) Not later than March 1 of each year, the comptroller |
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82 | 82 | | shall provide actual numbers of students who attend each |
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83 | 83 | | professional charter academy. |
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84 | 84 | | (c) The comptroller, the Legislative Budget Board, and the |
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85 | 85 | | agency shall modify estimates of funding under Section 42.253 using |
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86 | 86 | | the information reported under this section. |
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87 | 87 | | SECTION 2. As soon as possible but not later than the 45th |
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88 | 88 | | day after the effective date of this Act, the comptroller of public |
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89 | 89 | | accounts, in coordination with the commissioner of education, shall |
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90 | 90 | | establish the professional charter academy program as required |
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91 | 91 | | under Subchapter F, Chapter 12, Education Code, as added by this |
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92 | 92 | | Act. |
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93 | 93 | | SECTION 3. This Act takes effect immediately if it receives |
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94 | 94 | | a vote of two-thirds of all the members elected to each house, as |
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95 | 95 | | provided by Section 39, Article III, Texas Constitution. If this |
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96 | 96 | | Act does not receive the vote necessary for immediate effect, this |
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97 | 97 | | Act takes effect September 1, 2015. |
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