Bill Text: TX HB4613 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the establishment of professional charter academies.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Public Education [HB4613 Detail]
Download: Texas-2023-HB4613-Introduced.html
| 88R2186 MEW-F | ||
| By: Kitzman | H.B. No. 4613 | |
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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. 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. | ||
