HB1278 - 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.

      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.