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.