88R135 BDP-F
By: Troxclair H.B. No. 3877
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of teacher-sponsored 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. TEACHER-SPONSORED ACADEMY PROGRAM
Sec. 12.201. PURPOSES. Teacher-sponsored academies are
established under this subchapter to provide highly qualified
education professionals an opportunity to:
(1) operate an educational institution and function
independently; and
(2) innovate and create educational programs tailored
specifically to the students enrolled in the academy.
Sec. 12.202. TEACHER-SPONSORED ACADEMY PROGRAM; RULES. (a)
The commissioner shall establish a teacher-sponsored academy
program under which eligible education professionals are
authorized to create and operate a teacher-sponsored academy in
accordance with this subchapter.
(b) The commissioner shall adopt rules to administer this
subchapter. The rules must include provisions relating to
prevention of fraud and abuse in financial transactions under the
teacher-sponsored academy program.
Sec. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
eligible to operate a teacher-sponsored academy under this
subchapter, an education professional must:
(1) have at least three years of classroom teaching
experience;
(2) have been rated as proficient or higher for at
least three years under the evaluation system used to evaluate the
professional; or
(3) have served as the principal of a school for at
least three years.
(b) A teacher-sponsored academy must be operated by at least
one eligible education professional and be formed as a corporation
governed under Title 2, Business Organizations Code.
Sec. 12.204. APPLICATION OF LAWS. A teacher-sponsored
academy is subject only to federal and state laws applicable to
schools accredited by an organization that is monitored and
approved by the Texas Private School Accreditation Commission. A
teacher-sponsored 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 teacher-sponsored academy. The commissioner may
not provide any public or state funding to an eligible education
professional operating a teacher-sponsored academy during the
first 12 months of operation of the academy.
Sec. 12.206. GRANTING OF CHARTER. The commissioner shall
grant a charter to operate a teacher-sponsored academy to an
eligible education professional under Section 12.203 if the
professional provides to the commissioner:
(1) a viable business plan;
(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 teacher-sponsored academy.
Sec. 12.207. PUBLIC FUNDING. (a) Funding under this
section may only be provided for a school year after the first full
school year in which a teacher-sponsored academy is in operation.
(b) For each school year after the first school year in
which a teacher-sponsored academy is in operation, the commissioner
shall provide to a student who will attend a teacher-sponsored
academy or the student's parent an amount equal to 75 percent of the
average state funding per student received by open-enrollment
charter schools under Subchapter D during the preceding school
year. The student or the student's parent may assign the funding
received under this section to the teacher-sponsored academy the
student attends. The commissioner may adjust the amount provided
in accordance with the student's period of actual enrollment in the
academy during the school year.
(c) The commissioner shall provide the funding under
Subsection (b) to the student, to the student's parent, or, if the
funding has been assigned to the teacher-sponsored academy, to the
teacher-sponsored academy, not later than the 90th day after the
date the commissioner receives enrollment data reports from the
teacher-sponsored academy at the end of each school year for which
the academy is eligible for funding under this section.
(d) 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 commissioner shall determine the estimated number of
students who are likely to attend each teacher-sponsored academy
authorized under this subchapter. The report must indicate the
school district a student attending a teacher-sponsored academy is
eligible to attend.
(b) Not later than March 1 of each year, the commissioner
shall provide actual numbers of students who attend each
teacher-sponsored academy.
(c) The agency shall modify estimates of funding under
Section 48.266 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 commissioner of
education shall establish the teacher-sponsored 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, 2023.