Texas 2023 - 88th Regular

Texas House Bill HB3101 Compare Versions

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1	1	88R10134 MM-F
2	2	By: Dorazio H.B. No. 3101
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of professional charter academies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The purpose of this Act is to increase efficiency
10	10	by providing highly qualified education professionals an
11	11	opportunity to:
12	12	(1) operate an educational institution and function
13	13	independently;
14	14	(2) have access to property rights and the rewards
15	15	inherent in those rights that are similar to those rights and
16	16	rewards available to other professionals; and
17	17	(3) innovate and create educational programs tailored
18	18	specifically to the students enrolled in a professional charter
19	19	academy.
20	20	SECTION 2. Chapter 12, Education Code, is amended by adding
21	21	Subchapter F to read as follows:
22	22	SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM
23	23	Sec. 12.201. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES.
24	24	(a) The comptroller, in coordination with the commissioner, shall
25	25	establish a professional charter academy program under which
26	26	eligible education professionals are authorized to create and
27	27	operate a professional charter academy in accordance with this
28	28	subchapter.
29	29	(b) The comptroller, in coordination with the commissioner,
30	30	shall adopt rules to administer this subchapter. The rules must
31	31	include provisions relating to prevention of fraud and abuse in
32	32	financial transactions under the professional charter academy
33	33	program.
34	34	Sec. 12.202. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
35	35	eligible to operate a professional charter academy under this
36	36	subchapter, an education professional must:
37	37	(1) have at least three years of classroom teaching
38	38	experience;
39	39	(2) have been rated as proficient or higher for at
40	40	least three years under the evaluation system used to evaluate the
41	41	professional; or
42	42	(3) have served as the principal of a school for at
43	43	least three years.
44	44	(b) A professional charter academy must be operated by at
45	45	least one eligible education professional and be formed as a
46	46	corporation governed under Title 2, Business Organizations Code.
47	47	Sec. 12.203. APPLICATION OF LAWS. A professional charter
48	48	academy is subject only to federal and state laws applicable to
49	49	schools accredited by an organization that is monitored and
50	50	approved by the Texas Private School Accreditation Commission. A
51	51	professional charter academy is not subject to state law applicable
52	52	to charter schools authorized by law other than this subchapter.
53	53	Sec. 12.204. INITIAL FUNDING. An education professional
54	54	eligible under Section 12.202 is responsible for securing initial
55	55	capital from sources other than public funding for the
56	56	establishment of a professional charter academy. The comptroller
57	57	may not provide any public or state funding to an eligible education
58	58	professional operating a professional charter academy during the
59	59	first 12 months of operation of the academy.
60	60	Sec. 12.205. GRANTING OF CHARTER. The comptroller shall
61	61	grant a charter to operate a professional charter academy to an
62	62	education professional eligible under Section 12.202 if the
63	63	professional provides to the comptroller:
64	64	(1) a viable business plan;
65	65	(2) proof of financial ability to fund 12 months of the
66	66	academy's anticipated operation expenses, presented in the form of
67	67	a bank letter of credit or other acceptable financial guarantee;
68	68	and
69	69	(3) demonstration of parental and community interest
70	70	in the establishment of a professional charter academy.
71	71	Sec. 12.206. PUBLIC FUNDING. (a) Funding under this
72	72	section may only be provided for a school year after the first full
73	73	school year in which a professional charter academy is in
74	74	operation.
75	75	(b) For each school year after the first school year in
76	76	which a professional charter academy is in operation, the
77	77	comptroller shall provide to a student who will attend the academy
78	78	or the student's parent an amount equal to the average state funding
79	79	per student received by open-enrollment charter schools under
80	80	Subchapter D during the preceding school year. The student or the
81	81	student's parent may assign the funding received under this section
82	82	to the academy the student attends. The comptroller may adjust the
83	83	amount provided in accordance with the student's period of actual
84	84	enrollment in the academy during the school year.
85	85	(c) The comptroller shall provide the funding under
86	86	Subsection (b) to the student, to the student's parent, or, if the
87	87	funding has been assigned to the professional charter academy, to
88	88	the academy, not later than the 90th day after the date the
89	89	comptroller receives enrollment data reports from the academy at
90	90	the end of each school year for which the academy is eligible for
91	91	funding under this section.
92	92	(d) Federal funds and money from the available school fund
93	93	may not be used to make payments under this subchapter.
94	94	Sec. 12.207. ADMINISTRATIVE COSTS. (a) Notwithstanding
95	95	Section 12.206(b), the comptroller may deduct a percentage of each
96	96	payment provided under that subsection to cover the comptroller's
97	97	costs in implementing and administering the program. The
98	98	percentage deducted from each payment may not exceed the lesser of:
99	99	(1) the pro rata cost of the program in the applicable
100	100	year; or
101	101	(2) two percent of the amount of each payment.
102	102	(b) This section expires September 1, 2033.
103	103	SECTION 3. (a) The constitutionality and other validity
104	104	under the state or federal constitution of all or any part of
105	105	Subchapter F, Chapter 12, Education Code, as added by this Act, may
106	106	be determined in an action for declaratory judgment in a district
107	107	court in Travis County under Chapter 37, Civil Practice and
108	108	Remedies Code, except that this section does not authorize an award
109	109	of attorney's fees against this state and Section 37.009, Civil
110	110	Practice and Remedies Code, does not apply to an action filed under
111	111	this section.
112	112	(b) An appeal of a declaratory judgment or order, however
113	113	characterized, of a district court, including an appeal of the
114	114	judgment of an appellate court, holding or otherwise determining
115	115	that all or any part of Subchapter F, Chapter 12, Education Code, as
116	116	added by this Act, is constitutional or unconstitutional, or
117	117	otherwise valid or invalid, under the state or federal constitution
118	118	is an accelerated appeal.
119	119	(c) If the judgment or order is interlocutory, an
120	120	interlocutory appeal may be taken from the judgment or order and is
121	121	an accelerated appeal.
122	122	(d) A district court in Travis County may grant or deny a
123	123	temporary or otherwise interlocutory injunction or a permanent
124	124	injunction on the grounds of the constitutionality or
125	125	unconstitutionality, or other validity or invalidity, under the
126	126	state or federal constitution of all or any part of Subchapter F,
127	127	Chapter 12, Education Code, as added by this Act.
128	128	(e) There is a direct appeal to the Texas Supreme Court from
129	129	an order, however characterized, of a trial court granting or
130	130	denying a temporary or otherwise interlocutory injunction or a
131	131	permanent injunction on the grounds of the constitutionality or
132	132	unconstitutionality, or other validity or invalidity, under the
133	133	state or federal constitution of all or any part of Subchapter F,
134	134	Chapter 12, Education Code, as added by this Act.
135	135	(f) The direct appeal is an accelerated appeal.
136	136	(g) This section exercises the authority granted by Section
137	137	3-b, Article V, Texas Constitution.
138	138	(h) The filing of a direct appeal under this section will
139	139	automatically stay any temporary or otherwise interlocutory
140	140	injunction or permanent injunction granted in accordance with this
141	141	section pending final determination by the Texas Supreme Court,
142	142	unless the supreme court makes specific findings that the applicant
143	143	seeking such injunctive relief has pleaded and proved that:
144	144	(1) the applicant has a probable right to the relief it
145	145	seeks on final hearing; and
146	146	(2) the applicant will suffer a probable injury that
147	147	is imminent and irreparable, and that the applicant has no other
148	148	adequate legal remedy.
149	149	(i) An appeal under this section, including an
150	150	interlocutory, accelerated, or direct appeal, is governed, as
151	151	applicable, by the Texas Rules of Appellate Procedure, including
152	152	Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
153	153	38.6(a) and (b), 40.1(b), and 49.4.
154	154	SECTION 4. As soon as practicable, but not later than
155	155	October 15, 2023, the comptroller of public accounts, in
156	156	coordination with the commissioner of education, shall establish
157	157	the professional charter academy program as required under
158	158	Subchapter F, Chapter 12, Education Code, as added by this Act.
159	159	SECTION 5. This Act takes effect September 1, 2023.