HB 1278 — 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.

Summary

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.

Bill Text

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 3 section(s) of the Texas statutes: Section 48.266, Education Code, Section 45.105(c-1), Education Code, Section 22, Government Code.

• 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.

  amended

• : (A) and (B) student enrollment that qualifies for an allotment under Section 48.310;

  amended

• 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.

  amended

• Section 48.266, Education Code

  and Subsection (b-1) (b-1) The commissioner shall periodically, during the school year, update entitlements for school districts to reflect actual student counts determined by the agency.

  amended

• Section 45.105(c-1), Education Code

  arising out of a decision, order, or determination that is final and unappealable under a provision of this code or a rule adopted under this code and that results in a final and unappealable decision, order, or determination → and not otherwise restricted federal funds an action under Section 2001.038, Government Code

  amended

• Section 22, Government Code

  , including a challenge to the professional charter academy program 22A.002

  amended

Action History

1. March 10, 2025

   Referred to Public Education

2. March 10, 2025

   Read first time

3. November 13, 2024

   Filed

Sponsors

• Alan Schoolcraft · Primary

Subjects