Bill Text: TX HB4613 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the establishment of professional charter academies.

Sponsorship: Partisan Bill (Republican 2)

Status: (Introduced - Dead) 2023-03-22 - Referred to Public Education [HB4613 Detail]

Download: Texas-2023-HB4613-Introduced.html

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88R2186 MEW-F
By: Kitzman H.B. No. 4613

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. PURPOSES. Professional charter 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. PROFESSIONAL CHARTER ACADEMY PROGRAM; RULES.
(a) 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 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. 12.203. ELIGIBLE EDUCATION PROFESSIONALS. (a) To be
eligible to operate a professional charter academy under this
subchapter, an education professional must:
(1) have at least 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. 12.204. 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. 12.205. INITIAL FUNDING. An education professional
eligible under Section 12.203 is responsible for securing initial
capital from sources other than public funding for the
establishment of a professional charter academy. The commissioner
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. 12.206. GRANTING OF CHARTER. The commissioner shall
grant a charter to operate a professional charter academy to an
education professional eligible 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 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. 12.207. PUBLIC FUNDING. (a) Funding under this
section may only be provided for a school year after the first full
school year in which a 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
commissioner 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 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 professional charter academy, to
the academy, not later than the 90th day after the date the
commissioner 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. 12.208. 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 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 commissioner
shall provide actual numbers of students who attend each
professional charter academy.
(c) The agency shall modify estimates of funding under
Section 48.266 using the information reported under this section.
Sec. 12.209. ADMINISTRATIVE COSTS. (a) Notwithstanding
Section 12.207(b), the commissioner may deduct a percentage of each
payment provided under that subsection to cover the commissioner'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, 2030.
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 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, 2023.