HBA-MPM H.B. 3643 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3643 By: Krusee Public Education 3/25/1999 Introduced BACKGROUND AND PURPOSE The emergence of the Internet has provided opportunities for many people, including opportunities in education. Distance learning via the Internet provides educational opportunities for students who do not choose to be educated in the classroom. A distance learning charter school is similar to an open-enrollment charter school in that it is state-funded and must comply with certain Texas Education Agency rules and regulations. While open-enrollment charter schools must rely on average daily attendance (ADA) requirements to calculate their funding formula, this process is not feasible in the case of distance learning charter schools because a classroom setting does not exist. H.B. 3643 allows the commissioner of education to develop a funding formula for distance learning centers that is based on coursework completed by each student, does not require attendance records to be maintained, and results in funding which reflects the characteristics of a distance learning charter school. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the commissioner of education in SECTION 1 (Section 12.1012, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 12, Education Code, by adding Section 12.1012, as follows: Sec. 12.1012. DISTANCE LEARNING CHARTER SCHOOLS. (a) Entitles an openenrollment charter school (charter school) providing services primarily through distance learning courses to receive state and local funding for each student eligible under Section 42.003 (Student Eligibility), Education Code, who receives services from the school in accordance to the charter, notwithstanding any other provision of this title. Requires the commissioner of education (commissioner) to develop a funding formula for the charter school that is based on certain criteria. (b) Authorizes the commissioner to exempt a charter school providing such services from a requirement imposed by this title or a rule adopted under it if necessary because of the characteristics of a provider of distance learning courses and to impose additional requirements appropriate for such a provider as necessary. (c) Authorizes the commissioner to adopt rules as necessary to implement this section. SECTION 2. Requires the commissioner to develop the funding formula required by this Act no later than January 1, 2000. SECTION 3.Emergency clause. Effective date: upon passage.