2015S0330-1 02/25/15
By: Huffines S.B. No. 1611
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of professional charter academies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Education Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM
Sec. 12.201. PURPOSE. The purpose of this subchapter is to
give education professionals the opportunity to function
independently, with property rights similar to those afforded other
professionals and the rewards inherent in those rights.
Sec. 12.202. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES.
(a) The comptroller, in coordination with the commissioner, shall
establish a professional charter academy program under which
eligible education professionals are authorized to create a
professional charter academy in accordance with this subchapter.
(b) The comptroller, in coordination with the commissioner,
shall adopt rules to administer this subchapter. The rules must
include provisions relating to prevention of fraud in financial
transactions under the professional charter academy program.
Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
eligible to operate a professional charter academy under this
subchapter, an education professional must:
(1) have at least five years of classroom teaching
experience;
(2) have been rated as proficient or higher for at
least five years under the evaluation system used to evaluate the
professional; or
(3) have served as the principal of a school for at
least five years.
(b) A professional charter academy must be operated by at
least one eligible education professional.
Sec. 12.204. APPLICATION OF LAWS. A professional charter
academy is subject only to federal and state laws applicable to
private schools. A professional charter academy is not subject to
state law applicable to charter schools authorized by law other
than this subchapter.
Sec. 12.205. INITIAL FUNDING. An eligible education
professional under Section 12.203 is responsible for securing
initial capital from sources other than public funding for the
establishment of a professional charter academy.
Sec. 12.206. GRANTING OF CHARTER. The comptroller shall
grant a charter to operate a professional charter academy to an
eligible professional under Section 12.203 if the professional
provides to the comptroller:
(1) an educational business plan acceptable to the
comptroller;
(2) proof of financial ability to fund 12 months of the
academy's anticipated expenses, presented in the form of a bank
letter of credit or other acceptable financial guarantee; and
(3) demonstration of parental and community interest
in the establishment of a professional charter academy.
Sec. 12.207. PUBLIC FUNDING. (a) For each school year,
the comptroller shall provide to a student who will attend a
professional charter academy or the student's parent an amount
equal to the average state funding per student received by
open-enrollment charter schools during the preceding school year.
The student or the student's parent may assign the funding received
under this section to the professional charter academy the student
attends. The comptroller may adjust the amount provided in
accordance with the student's actual attendance.
(b) The comptroller shall provide funding to the student, to
the student's parent, or, if the funding has been assigned to the
professional charter academy, to the professional charter academy,
not later than the 90th day after the comptroller receives data
attendance reports from the professional charter academy at the end
of the school year.
(c) Federal funds and money from the available school fund
may not be used to make payments under this subchapter.
Sec. 12.208. REPORTS. (a) Not later than October 1 of each
year, the comptroller shall report to the commissioner and the
Legislative Budget Board the estimated number of students who are
likely to attend each professional charter academy authorized under
this subchapter. The report must indicate the school district a
student attending a professional charter academy is eligible to
attend.
(b) Not later than March 1 of each year, the comptroller
shall provide actual numbers of students who attend each
professional charter academy.
(c) The comptroller, the Legislative Budget Board, and the
agency shall modify estimates of funding under Section 42.253 using
the information reported under this section.
SECTION 2. As soon as possible but not later than the 45th
day after the effective date of this Act, the comptroller of public
accounts, in coordination with the commissioner of education, shall
establish the professional charter academy program as required
under Subchapter F, Chapter 12, Education Code, as added by this
Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.