Texas 2023 - 88th Regular

Texas House Bill HB3877 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R135 BDP-F
2	2	By: Troxclair H.B. No. 3877
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of teacher-sponsored academies.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 12, Education Code, is amended by adding
10	10	Subchapter F to read as follows:
11	11	SUBCHAPTER F. TEACHER-SPONSORED ACADEMY PROGRAM
12	12	Sec. 12.201. PURPOSES. Teacher-sponsored academies are
13	13	established under this subchapter to provide highly qualified
14	14	education professionals an opportunity to:
15	15	(1) operate an educational institution and function
16	16	independently; and
17	17	(2) innovate and create educational programs tailored
18	18	specifically to the students enrolled in the academy.
19	19	Sec. 12.202. TEACHER-SPONSORED ACADEMY PROGRAM; RULES. (a)
20	20	The commissioner shall establish a teacher-sponsored academy
21	21	program under which eligible education professionals are
22	22	authorized to create and operate a teacher-sponsored academy in
23	23	accordance with this subchapter.
24	24	(b) The commissioner shall adopt rules to administer this
25	25	subchapter. The rules must include provisions relating to
26	26	prevention of fraud and abuse in financial transactions under the
27	27	teacher-sponsored academy program.
28	28	Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
29	29	eligible to operate a teacher-sponsored academy under this
30	30	subchapter, an education professional must:
31	31	(1) have at least three years of classroom teaching
32	32	experience;
33	33	(2) have been rated as proficient or higher for at
34	34	least three years under the evaluation system used to evaluate the
35	35	professional; or
36	36	(3) have served as the principal of a school for at
37	37	least three years.
38	38	(b) A teacher-sponsored academy must be operated by at least
39	39	one eligible education professional and be formed as a corporation
40	40	governed under Title 2, Business Organizations Code.
41	41	Sec. 12.204. APPLICATION OF LAWS. A teacher-sponsored
42	42	academy is subject only to federal and state laws applicable to
43	43	schools accredited by an organization that is monitored and
44	44	approved by the Texas Private School Accreditation Commission. A
45	45	teacher-sponsored academy is not subject to state law applicable to
46	46	charter schools authorized by law other than this subchapter.
47	47	Sec. 12.205. INITIAL FUNDING. An eligible education
48	48	professional under Section 12.203 is responsible for securing
49	49	initial capital from sources other than public funding for the
50	50	establishment of a teacher-sponsored academy. The commissioner may
51	51	not provide any public or state funding to an eligible education
52	52	professional operating a teacher-sponsored academy during the
53	53	first 12 months of operation of the academy.
54	54	Sec. 12.206. GRANTING OF CHARTER. The commissioner shall
55	55	grant a charter to operate a teacher-sponsored academy to an
56	56	eligible education professional under Section 12.203 if the
57	57	professional provides to the commissioner:
58	58	(1) a viable business plan;
59	59	(2) proof of financial ability to fund 12 months of the
60	60	academy's anticipated expenses, presented in the form of a bank
61	61	letter of credit or other acceptable financial guarantee; and
62	62	(3) demonstration of parental and community interest
63	63	in the establishment of a teacher-sponsored academy.
64	64	Sec. 12.207. PUBLIC FUNDING. (a) Funding under this
65	65	section may only be provided for a school year after the first full
66	66	school year in which a teacher-sponsored academy is in operation.
67	67	(b) For each school year after the first school year in
68	68	which a teacher-sponsored academy is in operation, the commissioner
69	69	shall provide to a student who will attend a teacher-sponsored
70	70	academy or the student's parent an amount equal to 75 percent of the
71	71	average state funding per student received by open-enrollment
72	72	charter schools under Subchapter D during the preceding school
73	73	year. The student or the student's parent may assign the funding
74	74	received under this section to the teacher-sponsored academy the
75	75	student attends. The commissioner may adjust the amount provided
76	76	in accordance with the student's period of actual enrollment in the
77	77	academy during the school year.
78	78	(c) The commissioner shall provide the funding under
79	79	Subsection (b) to the student, to the student's parent, or, if the
80	80	funding has been assigned to the teacher-sponsored academy, to the
81	81	teacher-sponsored academy, not later than the 90th day after the
82	82	date the commissioner receives enrollment data reports from the
83	83	teacher-sponsored academy at the end of each school year for which
84	84	the academy is eligible for funding under this section.
85	85	(d) Federal funds and money from the available school fund
86	86	may not be used to make payments under this subchapter.
87	87	Sec. 12.208. REPORTS. (a) Not later than October 1 of each
88	88	year, the commissioner shall determine the estimated number of
89	89	students who are likely to attend each teacher-sponsored academy
90	90	authorized under this subchapter. The report must indicate the
91	91	school district a student attending a teacher-sponsored academy is
92	92	eligible to attend.
93	93	(b) Not later than March 1 of each year, the commissioner
94	94	shall provide actual numbers of students who attend each
95	95	teacher-sponsored academy.
96	96	(c) The agency shall modify estimates of funding under
97	97	Section 48.266 using the information reported under this section.
98	98	SECTION 2. As soon as possible but not later than the 45th
99	99	day after the effective date of this Act, the commissioner of
100	100	education shall establish the teacher-sponsored academy program as
101	101	required under Subchapter F, Chapter 12, Education Code, as added
102	102	by this Act.
103	103	SECTION 3. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2023.