Bill Text: TX HB3101 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of professional charter academies.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Public Education [HB3101 Detail]
Download: Texas-2023-HB3101-Introduced.html
88R10134 MM-F | ||
By: Dorazio | H.B. No. 3101 |
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relating to the establishment of professional charter academies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The purpose of this Act is to increase efficiency | ||
by providing highly qualified education professionals an | ||
opportunity to: | ||
(1) operate an educational institution and function | ||
independently; | ||
(2) have access to property rights and the rewards | ||
inherent in those rights that are similar to those rights and | ||
rewards available to other professionals; and | ||
(3) innovate and create educational programs tailored | ||
specifically to the students enrolled in a professional charter | ||
academy. | ||
SECTION 2. Chapter 12, Education Code, is amended by adding | ||
Subchapter F to read as follows: | ||
SUBCHAPTER F. PROFESSIONAL CHARTER ACADEMY PROGRAM | ||
Sec. 12.201. 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 and | ||
operate 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 and abuse in | ||
financial transactions under the professional charter academy | ||
program. | ||
Sec. 12.202. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be | ||
eligible to operate a professional charter 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 professional charter 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. 12.203. APPLICATION OF LAWS. A professional charter | ||
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 | ||
professional charter academy is not subject to state law applicable | ||
to charter schools authorized by law other than this subchapter. | ||
Sec. 12.204. INITIAL FUNDING. An education professional | ||
eligible under Section 12.202 is responsible for securing initial | ||
capital from sources other than public funding for the | ||
establishment of a professional charter academy. The comptroller | ||
may not provide any public or state funding to an eligible education | ||
professional operating a professional charter academy during the | ||
first 12 months of operation of the academy. | ||
Sec. 12.205. GRANTING OF CHARTER. The comptroller shall | ||
grant a charter to operate a professional charter academy to an | ||
education professional eligible under Section 12.202 if the | ||
professional provides to the comptroller: | ||
(1) a viable business plan; | ||
(2) proof of financial ability to fund 12 months of the | ||
academy's anticipated operation 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. 12.206. PUBLIC FUNDING. (a) Funding under this | ||
section may only be provided for a school year after the first full | ||
school year in which a professional charter academy is in | ||
operation. | ||
(b) For each school year after the first school year in | ||
which a professional charter academy is in operation, the | ||
comptroller shall provide to a student who will attend the academy | ||
or the student's parent an amount equal to 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 academy the student attends. The comptroller may adjust the | ||
amount provided in accordance with the student's period of actual | ||
enrollment in the academy during the school year. | ||
(c) The comptroller shall provide the funding under | ||
Subsection (b) to the student, to the student's parent, or, if the | ||
funding has been assigned to the professional charter academy, to | ||
the academy, not later than the 90th day after the date the | ||
comptroller receives enrollment data reports from the 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. 12.207. ADMINISTRATIVE COSTS. (a) Notwithstanding | ||
Section 12.206(b), the comptroller may deduct a percentage of each | ||
payment provided under that subsection to cover the comptroller's | ||
costs in implementing and administering the program. The | ||
percentage deducted from each payment may not exceed the lesser of: | ||
(1) the pro rata cost of the program in the applicable | ||
year; or | ||
(2) two percent of the amount of each payment. | ||
(b) This section expires September 1, 2033. | ||
SECTION 3. (a) The constitutionality and other validity | ||
under the state or federal constitution of all or any part of | ||
Subchapter F, Chapter 12, Education Code, as added by this Act, may | ||
be determined in an action for declaratory judgment in a district | ||
court in Travis County under Chapter 37, Civil Practice and | ||
Remedies Code, except that this section does not authorize an award | ||
of attorney's fees against this state and Section 37.009, Civil | ||
Practice and Remedies Code, does not apply to an action filed under | ||
this section. | ||
(b) An appeal of a declaratory judgment or order, however | ||
characterized, of a district court, including an appeal of the | ||
judgment of an appellate court, holding or otherwise determining | ||
that all or any part of Subchapter F, Chapter 12, Education Code, as | ||
added by this Act, is constitutional or unconstitutional, or | ||
otherwise valid or invalid, under the state or federal constitution | ||
is an accelerated appeal. | ||
(c) If the judgment or order is interlocutory, an | ||
interlocutory appeal may be taken from the judgment or order and is | ||
an accelerated appeal. | ||
(d) A district court in Travis County may grant or deny a | ||
temporary or otherwise interlocutory injunction or a permanent | ||
injunction on the grounds of the constitutionality or | ||
unconstitutionality, or other validity or invalidity, under the | ||
state or federal constitution of all or any part of Subchapter F, | ||
Chapter 12, Education Code, as added by this Act. | ||
(e) There is a direct appeal to the Texas Supreme Court from | ||
an order, however characterized, of a trial court granting or | ||
denying a temporary or otherwise interlocutory injunction or a | ||
permanent injunction on the grounds of the constitutionality or | ||
unconstitutionality, or other validity or invalidity, under the | ||
state or federal constitution of all or any part of Subchapter F, | ||
Chapter 12, Education Code, as added by this Act. | ||
(f) The direct appeal is an accelerated appeal. | ||
(g) This section exercises the authority granted by Section | ||
3-b, Article V, Texas Constitution. | ||
(h) The filing of a direct appeal under this section will | ||
automatically stay any temporary or otherwise interlocutory | ||
injunction or permanent injunction granted in accordance with this | ||
section pending final determination by the Texas Supreme Court, | ||
unless the supreme court makes specific findings that the applicant | ||
seeking such injunctive relief has pleaded and proved that: | ||
(1) the applicant has a probable right to the relief it | ||
seeks on final hearing; and | ||
(2) the applicant will suffer a probable injury that | ||
is imminent and irreparable, and that the applicant has no other | ||
adequate legal remedy. | ||
(i) An appeal under this section, including an | ||
interlocutory, accelerated, or direct appeal, is governed, as | ||
applicable, by the Texas Rules of Appellate Procedure, including | ||
Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1), | ||
38.6(a) and (b), 40.1(b), and 49.4. | ||
SECTION 4. As soon as practicable, but not later than | ||
October 15, 2023, 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 5. This Act takes effect September 1, 2023. |