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.