Schoolcraft’s Charter Academy Bill Also Ties Districts’ Hands In Court

The text as introduced · 1,422 words

By: Schoolcraft
H.B. No. 1278

A BILL TO BE ENTITLED

AN ACT

relating to creation and funding of professional charter academies

which are owned and operated by highly qualified teaching

professionals in Texas and authorizing the commissioner of

education to adopt rules to administer and fund the professional

charter academy program.

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 TEACHER ACT

Sec. 12.201. PURPOSE. The purpose of this subchapter is to

give education professionals the opportunity to function

independently, with property rights similar to those afforded other

professionals and the rewards inherent in those rights. Further,

to allow highly qualified education professionals the opportunity

to innovate and create educational programs suited for the specific

needs of their student clientele.

Sec. 12.202. PROFESSIONAL CHARTER ACADEMY PROGRAM.

(a) The commissioner shall establish a professional charter

academy program under which eligible education professionals are

authorized to create and operate professional charter academy in

accordance with this subchapter.

(b) The commissioner shall adopt rules to administer this

subchapter. The rules shall be designed to prevent financial fraud

and abuse.

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 five years of classroom teaching

experience; and

(2) have been rated as proficient or higher for at

least five 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 may be organized in

accordance with the Texas Business Organizations Code.

(c) A professional charter academy must be one hundred

percent beneficially owned by eligible education professionals who

operate or work at the academy.

Sec. 12.204. APPLICATION OF LAWS. A professional charter

academy is subject only to federal and state laws applicable to

schools accredited 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 eligible education

professional under Section 12.203 is responsible for securing

initial capital to fund the first full year of operations. State

funding for students enrolled in a professional academy will only

be available after completion of the first full school year. The

commissioner shall establish a schedule for funding students

enrolled in professional academies after completion of an academy's

first full school year.

Sec. 12.206. GRANTING OF CHARTER. The commissioner shall

grant a charter to operate a professional charter academy to

eligible professionals under Section 12.203 if the professional

provides to the commissioner:

(1) a viable business plan;

(2) proof of financial ability to fund the academy's

anticipated expenses for the first full school year, 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. Notwithstanding any provision

of this code to the contrary, a student participating in the program

under this subchapter is eligible for funding under Chapter 48 in

accordance with Section 48.310 and rules adopted by the

commissioner.

SECTION 2. Sec. 48.269 Education Code is amended to read as

follows:

Sec. 48.269. ESTIMATES REQUIRED. (a) Not later than

October 1 of each even-numbered year:

(1) the agency shall submit to the legislature an

estimate of :

(A) the tax rate and student enrollment of each

school district for the following biennium; and

(B) student enrollment that qualifies for an

allotment under Section 48.310; and

(2) the comptroller shall submit to the legislature an

estimate of the total taxable value of all property in the state as

determined under Subchapter M, Chapter 403, Government Code, for

the following biennium.

SECTION 3. Sec. 48.310 of the Education Code is amended by

adding Sec. 48.310 as follows:

Sec. 48.310. (a) Notwithstanding Section 48.002, for each

student enrolled in the professional charter academy program, that

qualifies for an account balance, the agency, on behalf of the

student, is entitled each year to an amount equal to the lessor of:

(1) Average state funding, per student enrolled,

received by open-enrollment charter schools during the school year;

or,

(2) The average maintenance and operation cost per

student for the school district which the child is eligible to

attend.

(b) The commissioner may adjust the amount provided in

accordance with the student's actual time actively enrolled in the

program.

(c) The commissioner shall provide funding under Subsection

(a) to the benefit of the student's education account, not later

than the 90th day after the commissioner receives enrollment data

reports.

(d) Federal funds and money appropriated from the permanent

school fund or available school fund may not be used to make

payments under this section.

SECTION 4. Section 48.266, Education Code, is amended by

amending subsection (b) and adding subsection (b-1) to read as

follows:

(b) Except as provided by this subsection and Subsection

(b-1) , the commissioner shall base the determinations under

Subsection (a) on the estimates provided to the legislature under

Section 48.269, or, if the General Appropriations Act provides

estimates for that purpose, on the estimates provided under that

Act, for each school district for each school year. The

commissioner shall reduce the entitlement of each district that has

a final taxable value of property for the second year of a state

fiscal biennium that is higher than the estimate under Section

48.269 or the General Appropriations Act, as applicable. A

reduction under this subsection may not reduce the district's

entitlement below the amount to which it is entitled at its actual

taxable value of property.

(b-1) The commissioner shall periodically, during the

school year, update entitlements for school districts to reflect

actual student counts determined by the agency.

SECTION 5. Section 45.105(c-1), Education Code is amended

to read as follows:

(c-1) Funds described by Subsection (c) and not otherwise

restricted federal funds may not be used to initiate or maintain any

action or proceeding against the state or an agency or officer of

the state [ arising out of a decision, order, or determination that

is final and unappealable under a provision of this code ], except

that funds may be used for an action or proceeding that is

specifically authorized by a provision of this code or an action

under Section 2001.038, Government Code [ or a rule adopted under

this code and that results in a final and unappealable decision,

order, or determination ].

SECTION 6. Section 22A.001, Government Code, is amended by

amending Subsection (a) to read as follows:

Sec. 22A.001. ELIGIBLE PROCEEDINGS. (a) The attorney

general may petition the chief justice of the supreme court to

convene a special three-judge district court in any suit filed in a

district court in this state in which this state or a state officer

or agency is a defendant in a claim that:

(1) challenges the finances or operations of this

state's public school system , including a challenge to the

professional charter academy program ; or

(2) involves the apportionment of districts for the

house of representatives, the senate, the State Board of Education,

or the United States Congress, or state judicial districts.

(b) A petition filed by the attorney general under this

section stays all proceedings in the district court in which the

original case was filed until the chief justice of the supreme court

acts on the petition.

(c) Within a reasonable time after receipt of a petition

from the attorney general under Subsection (a), the chief justice

of the supreme court shall grant the petition and issue an order

transferring the case to a special three-judge district court

convened as provided by Section 22A.002 .

SECTION 7. 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. The Commissioner shall adopt rules for the

financial implementation of the program.

SECTION 8. 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, 2025.