Bill Text: TX HB115 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the establishment of an education savings account program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-11-17 - Filed [HB115 Detail]
Download: Texas-2023-HB115-Introduced.html
88S40601 MM-F | ||
By: Jetton | H.B. No. 115 |
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relating to the establishment of an education savings account | ||
program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The purpose of this Act is to: | ||
(1) provide additional educational options to assist | ||
families in this state in exercising the right to direct the | ||
educational needs of their children; and | ||
(2) achieve a general diffusion of knowledge. | ||
SECTION 2. Chapter 29, Education Code, is amended by adding | ||
Subchapter J to read as follows: | ||
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM | ||
Sec. 29.351. DEFINITIONS. In this subchapter: | ||
(1) "Account" means an education savings account | ||
established under the program. | ||
(2) "Approved educational assistance organization" | ||
means an organization approved under Section 29.354 to support the | ||
administration of the program. | ||
(3) "Approved education-related expense" means an | ||
expense approved under Section 29.359. | ||
(4) "Child with a disability" means a child who is | ||
eligible to participate in a school district's special education | ||
program under Section 29.003. | ||
(5) "Cocurricular activity" means an activity that | ||
directly adds value to classroom instruction and curriculum, | ||
including an academic field trip, performance, contest, or display. | ||
The term does not include an athletic or other nonacademic | ||
activity. | ||
(6) "Higher education provider" means an institution | ||
of higher education or a private or independent institution of | ||
higher education, as those terms are defined by Section 61.003. | ||
(7) "Parent" means a resident of this state who is a | ||
natural or adoptive parent, managing or possessory conservator, | ||
legal guardian, custodian, or other person with legal authority to | ||
act on behalf of a child. | ||
(8) "Program" means the program established under this | ||
subchapter. | ||
(9) "Program participant" means a child and a parent | ||
of a child enrolled in the program. | ||
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller | ||
shall establish a program to provide funding for approved | ||
education-related expenses of children participating in the | ||
program. | ||
Sec. 29.353. PROGRAM FUND. (a) The program fund is an | ||
account in the general revenue fund to be administered by the | ||
comptroller. | ||
(b) The fund is composed of: | ||
(1) general revenue transferred to the fund; | ||
(2) money appropriated to the fund; | ||
(3) gifts, grants, and donations received under | ||
Section 29.370; and | ||
(4) any other money available for purposes of the | ||
program. | ||
(c) Money in the fund may be appropriated only for the uses | ||
specified by this subchapter. | ||
Sec. 29.354. SELECTION OF APPROVED EDUCATIONAL ASSISTANCE | ||
ORGANIZATIONS. (a) An organization may apply to the comptroller | ||
for approval as an approved educational assistance organization | ||
during an application period established by the comptroller. | ||
(b) To be eligible for approval, an organization must: | ||
(1) have the ability to perform the duties and | ||
functions required of an approved educational assistance | ||
organization under this subchapter; | ||
(2) be in good standing with the state; and | ||
(3) be able to assist the comptroller in administering | ||
the program, including the ability to: | ||
(A) accept, process, and track applications for | ||
the program; | ||
(B) assist prospective applicants, applicants, | ||
and program participants with finding education service providers | ||
and vendors of educational products, including by developing and | ||
maintaining an Internet website with information regarding those | ||
providers and vendors; and | ||
(C) accept and process payments for approved | ||
education-related expenses. | ||
(c) The comptroller may approve not more than five | ||
educational assistance organizations to support the administration | ||
of the program. | ||
Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to | ||
participate in the program if the child is eligible to: | ||
(1) attend a public school under Section 25.001; or | ||
(2) enroll in a public school's prekindergarten | ||
program under Section 29.153. | ||
(b) A child who establishes eligibility under this section | ||
may, subject to available funding and the requirements of this | ||
subchapter, participate in the program until the earliest of the | ||
following dates: | ||
(1) the date on which the child graduates from high | ||
school; | ||
(2) the date on which the child is no longer eligible | ||
to attend a public school under Section 25.001; | ||
(3) the date on which the child enrolls in a public | ||
school, including an open-enrollment charter school, in a manner in | ||
which the child will be counted toward the school's average daily | ||
attendance for purposes of the allocation of funding under the | ||
foundation school program; or | ||
(4) the date on which the child is declared ineligible | ||
for the program by the comptroller under this subchapter. | ||
Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an | ||
eligible child may apply to an approved educational assistance | ||
organization to enroll the child in the program for the following | ||
semester. The comptroller shall establish semiannual deadlines by | ||
which an applicant must complete and submit an application form to | ||
participate in the program. | ||
(b) On receipt of more acceptable applications during an | ||
application period for admission under this section than available | ||
positions in the program due to insufficient funding, an approved | ||
educational assistance organization shall, at the direction of the | ||
comptroller and subject to Subsection (c), fill the available | ||
positions by lottery in the following order: | ||
(1) siblings of children participating in the program; | ||
(2) children with a disability who are educationally | ||
disadvantaged; | ||
(3) children who are educationally disadvantaged; | ||
(4) children with a disability who are not | ||
educationally disadvantaged; and | ||
(5) applicants not described by Subdivision (1), (2), | ||
(3), or (4). | ||
(c) In filling available positions under Subsection (b), if | ||
a sibling of a child accepted into the program under that subsection | ||
applied to enroll in the program during the same application period | ||
in which the child was accepted, an approved educational assistance | ||
organization shall, subject to the availability of positions, | ||
concurrently accept the child and the child's sibling into the | ||
program. | ||
(d) The comptroller shall create an application form for the | ||
program. The application form must state the semiannual | ||
application deadlines established under Subsection (a). | ||
(e) Each approved educational assistance organization | ||
shall: | ||
(1) make the application form readily available | ||
through various sources, including the organization's Internet | ||
website; and | ||
(2) ensure that the application form, including any | ||
required supporting document, is capable of being submitted to the | ||
organization electronically. | ||
(f) An approved educational assistance organization shall | ||
post on the organization's Internet website an applicant and | ||
participant handbook with a description of the program, including | ||
information regarding: | ||
(1) approved education-related expenses; | ||
(2) the assistance the organization provides with | ||
respect to finding and selecting education service providers and | ||
vendors of educational products; | ||
(3) the application process under this section; | ||
(4) the program expenditures process under Section | ||
29.360; and | ||
(5) the responsibilities of program participants. | ||
(g) An approved educational assistance organization shall | ||
annually provide to the parent of each child participating in the | ||
program the information described by Subsection (f). The | ||
organization may provide the information electronically. | ||
(h) An approved educational assistance organization: | ||
(1) may require the parent of a child participating in | ||
the program for whom the organization is responsible to submit | ||
annual notice regarding the parent's intent for the child to | ||
continue participating in the program for the next school year; and | ||
(2) may not require a program participant in good | ||
standing to annually resubmit an application for continued | ||
participation in the program. | ||
(i) Not later than the 30th day after the date on which an | ||
approved educational assistance organization requires notice to be | ||
submitted under Subsection (h)(1), the organization shall notify | ||
the comptroller and each other approved educational assistance | ||
organization regarding each notice received under that | ||
subdivision. | ||
Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding | ||
under the program, a parent of a child participating in the program | ||
must agree to: | ||
(1) use money in the child's account only for approved | ||
education-related expenses; | ||
(2) share or authorize the administrator of an | ||
assessment instrument to share with the program participant's | ||
approved educational assistance organization and the researchers | ||
contracted under Section 29.371 the results of any assessment | ||
instrument required to be administered to the child under Section | ||
29.358(b)(1)(B); | ||
(3) refrain from selling an item purchased with | ||
program money before the first anniversary of the purchase date; | ||
and | ||
(4) notify the program participant's approved | ||
educational assistance organization not later than the 30th day | ||
after the date on which the child: | ||
(A) enrolls in a public school, including an | ||
open-enrollment charter school; | ||
(B) graduates from high school; or | ||
(C) is no longer eligible to either: | ||
(i) enroll in a public school under Section | ||
25.001; or | ||
(ii) enroll in a public school's | ||
prekindergarten program under Section 29.153. | ||
Sec. 29.358. PREAPPROVED PROVIDERS AND VENDORS. (a) The | ||
comptroller shall by rule establish a process for the preapproval | ||
of education service providers and vendors of educational products | ||
for participation in the program. The comptroller shall allow for | ||
the submission of applications on a rolling basis. | ||
(b) The comptroller shall approve an education service | ||
provider or vendor of educational products for participation in the | ||
program if the provider or vendor: | ||
(1) for a private school, demonstrates: | ||
(A) accreditation by an organization recognized | ||
by: | ||
(i) the Texas Private School Accreditation | ||
Commission; or | ||
(ii) the agency; and | ||
(B) in each grade level and subject area in which | ||
an assessment instrument is required to be administered under | ||
Section 39.023(a)(1), (2), (3), or (4) or (c), administration of a | ||
nationally norm-referenced assessment instrument or the | ||
appropriate assessment instrument required under Subchapter B, | ||
Chapter 39; | ||
(2) for a public school, demonstrates: | ||
(A) accreditation by the agency; and | ||
(B) the ability to provide services or products | ||
to children participating in the program in a manner in which the | ||
children are not counted toward the school's average daily | ||
attendance; | ||
(3) for a private tutor, therapist, or teaching | ||
service: | ||
(A) demonstrates that the tutor or therapist or | ||
each employee of the teaching service who intends to provide | ||
educational services to a child participating in the program: | ||
(i) is an educator employed by or a retired | ||
educator formerly employed by a school accredited by the agency, an | ||
organization recognized by the agency, or an organization | ||
recognized by the Texas Private School Accreditation Commission; | ||
(ii) holds a relevant license or | ||
accreditation issued by a state, regional, or national | ||
certification or accreditation organization; or | ||
(iii) is employed in or retired from a | ||
teaching or tutoring capacity at a higher education provider; | ||
(B) the tutor or therapist or each employee of | ||
the teaching service who intends to provide educational services to | ||
a child participating in the program provides to the comptroller a | ||
national criminal history record information review completed by | ||
the tutor, therapist, or employee, as applicable, within a period | ||
established by comptroller rule; and | ||
(C) the tutor or therapist or each employee of | ||
the teaching service who intends to provide educational services to | ||
a child participating in the program is not: | ||
(i) required to be discharged or refused to | ||
be hired by a school district under Section 22.085; or | ||
(ii) included in the registry under Section | ||
22.092; | ||
(4) for a higher education provider, demonstrates | ||
nationally recognized postsecondary accreditation; or | ||
(5) for a provider or vendor not described by | ||
Subdivision (1), (2), (3), or (4): | ||
(A) demonstrates the ability to provide to | ||
program participants services or products that are approved | ||
education-related expenses; | ||
(B) requires each employee of the provider or | ||
vendor who intends to provide educational services to a child | ||
participating in the program to provide to the comptroller a | ||
national criminal history record information review completed by | ||
the employee within a period established by comptroller rule; and | ||
(C) demonstrates that each employee of the | ||
provider or vendor who intends to provide educational services to a | ||
child participating in the program is not: | ||
(i) required to be discharged or refused to | ||
be hired by a school district under Section 22.085; or | ||
(ii) included in the registry under Section | ||
22.092. | ||
(c) In recognizing an organization for purposes of | ||
Subsection (b)(1)(A)(ii), the agency shall ensure that the | ||
organization, through the organization's accreditation standards, | ||
supports the college, career, and military readiness of children | ||
participating in the program, including by coordinating with the | ||
Tri-Agency Workforce Initiative established under Chapter 2308A, | ||
Government Code. | ||
(d) The comptroller shall review the national criminal | ||
history record information or documentation for each private tutor, | ||
therapist, teaching service employee, or other employee of an | ||
education service provider or vendor of educational products who | ||
submits information or documentation under this section and verify | ||
that the individual is not included in the registry under Section | ||
22.092. The tutor, therapist, service, or other provider or vendor | ||
must provide the comptroller with any information requested by the | ||
comptroller to enable the comptroller to complete the review. | ||
(e) An education service provider or vendor of educational | ||
products shall provide information requested by the comptroller to | ||
verify the provider's or vendor's eligibility for preapproval under | ||
Subsection (b). The comptroller may not approve a provider or | ||
vendor if the comptroller cannot verify the provider's or vendor's | ||
eligibility for preapproval. | ||
(f) A preapproved education service provider or vendor of | ||
educational products that no longer meets the requirements of this | ||
section must notify the comptroller, each approved educational | ||
assistance organization, and each program participant served by the | ||
provider or vendor under the program not later than the 15th day | ||
after the date that the provider or vendor no longer meets the | ||
requirements. The notice must include the reason the provider or | ||
vendor no longer meets the requirements of this section. The | ||
comptroller shall adopt a form for use under this subsection. | ||
(g) The comptroller shall by rule prohibit an education | ||
service provider or vendor of educational products that is not | ||
preapproved under Subsection (a) from receiving payment directly | ||
from a program participant's account for an approved | ||
education-related expense, including an expense incurred after the | ||
date on which a formerly preapproved provider or vendor no longer | ||
meets the requirements of this section. | ||
Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a) | ||
Subject to Subsection (b), money in an account may be used only for | ||
the following education-related expenses incurred by a child | ||
participating in the program: | ||
(1) tuition and fees for a private school, higher | ||
education provider, or educational course or program; | ||
(2) the purchase of textbooks or other instructional | ||
materials; | ||
(3) uniforms required by a school, higher education | ||
provider, course, or program in which the child is enrolled; | ||
(4) costs related to cocurricular activities; | ||
(5) costs related to academic assessments; | ||
(6) fees for services provided by a private tutor or | ||
teaching service; | ||
(7) fees for classes or other educational services | ||
provided by a public school, including an open-enrollment charter | ||
school, if the classes or services do not qualify the child to be | ||
included in the school's average daily attendance; | ||
(8) for a child with a disability, costs of computer | ||
hardware and software and other technological devices prescribed by | ||
a physician to facilitate a child's education, not to exceed in any | ||
year 10 percent of the total amount paid to the program | ||
participant's account that year; | ||
(9) fees for transportation provided by a | ||
fee-for-service transportation provider for the child to travel to | ||
and from an education service provider or vendor of educational | ||
products; and | ||
(10) fees for educational therapies or services | ||
provided by a practitioner or provider, only for fees that are not | ||
covered by any federal, state, or local government benefits such as | ||
Medicaid or the Children's Health Insurance Program (CHIP) or by | ||
any private insurance that the child is enrolled in at the time of | ||
receiving the therapies or services. | ||
(b) Money in an account may not be used to pay any person who | ||
is related to the program participant within the third degree by | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code. | ||
(c) A finding that a program participant used money | ||
distributed under the program to pay for an expense not allowed | ||
under Subsection (a) does not affect the validity of any payment | ||
made by the participant for an approved education-related expense | ||
that is allowed under that subsection. | ||
Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller | ||
shall disburse from the program fund to each approved educational | ||
assistance organization the amount specified under Section | ||
29.361(a) for each child participating in the program served by the | ||
organization. | ||
(b) To initiate payment to a preapproved education service | ||
provider or vendor of educational products for an approved | ||
education-related expense, the parent of a child participating in | ||
the program must submit a request in a form prescribed by | ||
comptroller rule to the approved educational assistance | ||
organization that serves the child. | ||
(c) Subject to Subsection (e) and Sections 29.362(g) and | ||
29.364, on receiving a request under Subsection (b), an approved | ||
educational assistance organization shall verify that the request | ||
is for an approved education-related expense and, not later than | ||
the fifth business day after the date the organization verifies the | ||
request, send payment to the education service provider or vendor | ||
of educational products. | ||
(d) Notwithstanding Subsection (b), each approved | ||
educational assistance organization shall establish a process by | ||
which the parent of a child participating in the program who makes a | ||
payment for an approved education-related expense using money other | ||
than money in the child's account may request reimbursement for the | ||
expense from the child's account. The organization may require the | ||
use of an online platform for purposes of requesting reimbursement. | ||
(e) A disbursement under this section may not exceed the | ||
applicable program participant's account balance. | ||
(f) An approved educational assistance organization shall | ||
provide program participants with electronic access to: | ||
(1) view the participant's current account balance; | ||
(2) initiate the payment process under Subsection (b); | ||
and | ||
(3) view a summary of the participant's past account | ||
activity, including payments from the account to education service | ||
providers and vendors of educational products. | ||
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless | ||
of the deadline by which the parent applies for enrollment in the | ||
program under Section 29.356(a), a parent of a child participating | ||
in the program shall receive each year that the child participates | ||
in the program payments from the state to the child's account in a | ||
total amount equal to the sum of: | ||
(1) the state average maintenance and operations | ||
revenue per student in average daily attendance for the preceding | ||
state fiscal year; and | ||
(2) for a child who was a child with a disability at | ||
the time the child was initially determined to be eligible for | ||
enrollment in the program, the greater of: | ||
(A) $1,500; or | ||
(B) if applicable, the amount the school district | ||
in which the child was previously enrolled was entitled to receive | ||
for the child under Chapter 48 based on the child's participation in | ||
the district's special education program for the most recent school | ||
year in which the child participated in that program, as determined | ||
by commissioner rule, including any funding based on the intensity | ||
of service or service group for which the child qualified and | ||
excluding any amount attributable to: | ||
(i) the basic allotment under Section | ||
48.051 for time the child spent in a general education setting; or | ||
(ii) the allotment under Section 48.101. | ||
(b) Any money remaining in a child's account at the end of a | ||
fiscal year is carried forward to the next fiscal year unless | ||
another provision of this subchapter mandates the closure of the | ||
account. | ||
(c) The parent of a child participating in the program is | ||
entitled to make payments for the expenses of educational programs, | ||
services, and products using money other than money in the child's | ||
account. | ||
(d) A payment under Subsection (a) may not be financed using | ||
federal money or money from the available school fund or | ||
instructional materials and technology fund. | ||
(e) Payments received under this subchapter do not | ||
constitute taxable income to a parent of a child participating in | ||
the program, unless otherwise provided by federal law. | ||
(f) Not later than May 1 of each year, the agency shall | ||
submit to the comptroller the data necessary to calculate the | ||
amount specified under Subsection (a). | ||
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt | ||
of money distributed by the comptroller for purposes of making | ||
payments to program participants, an approved educational | ||
assistance organization shall make semiannual payments to the | ||
account of each child participating in the program served by the | ||
organization in equal amounts on or before the first day of July and | ||
January. | ||
(b) Each year, the comptroller may deduct from the total | ||
amount of money appropriated for purposes of this subchapter an | ||
amount, not to exceed three percent of that total amount, to cover | ||
the comptroller's cost of administering the program. | ||
(c) Not later than the first day of the month preceding the | ||
start of each quarter, each approved educational assistance | ||
organization shall submit to the comptroller in the form prescribed | ||
by comptroller rule an estimate of the organization's costs of | ||
administering the program for that quarter. | ||
(d) Each quarter, the comptroller shall disburse from money | ||
appropriated for the program to each approved educational | ||
assistance organization the amount necessary to cover the | ||
organization's costs of administering the program for that quarter, | ||
calculated as provided by Subsection (e). The total amount | ||
disbursed to approved educational assistance organizations under | ||
this subsection for a state fiscal year may not exceed five percent | ||
of the amount appropriated for purposes of this subchapter for that | ||
fiscal year. | ||
(e) Subject to the limitation under Subsection (d), the | ||
amount of an approved educational assistance organization's | ||
disbursement under that subsection is the lesser of: | ||
(1) the amount of the organization's estimate | ||
submitted under Subsection (c); or | ||
(2) the product of the total amount to be disbursed and | ||
the average percentage of program participants served by the | ||
organization during the preceding quarter. | ||
(f) On or before the first day of October and February, an | ||
approved educational assistance organization shall: | ||
(1) verify with the agency that each child | ||
participating in the program is not enrolled in a public school, | ||
including an open-enrollment charter school, in a manner in which | ||
the child is counted toward the school's average daily attendance | ||
for purposes of the allocation of state funding under the | ||
foundation school program; and | ||
(2) notify the comptroller if the organization | ||
determines that a child participating in the program is enrolled in | ||
a public school, including an open-enrollment charter school, in a | ||
manner in which the child is counted toward the school's average | ||
daily attendance for purposes of the allocation of state funding | ||
under the foundation school program. | ||
(g) On the date on which a child who participated in the | ||
program is no longer eligible to participate in the program under | ||
Section 29.355 and payments for approved education-related | ||
expenses from the child's account have been completed, the child's | ||
account shall be closed and any remaining money returned to the | ||
comptroller for deposit in the program fund. | ||
(h) Each quarter, any interest or other earnings | ||
attributable to money held by an approved educational assistance | ||
organization for purposes of the program shall be remitted to the | ||
comptroller for deposit in the program fund. | ||
Sec. 29.363. AUDITING. (a) Subject to Subsection (b), the | ||
state auditor: | ||
(1) shall audit the comptroller and each approved | ||
educational assistance organization with respect to the program's | ||
operation at least once each state fiscal biennium; and | ||
(2) may audit accounts to ensure compliance with this | ||
subchapter. | ||
(b) Work performed under this section by the state auditor | ||
is subject to approval by the legislative audit committee for | ||
inclusion in the audit plan under Section 321.013(c), Government | ||
Code. | ||
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) An approved | ||
educational assistance organization shall suspend the account of a | ||
program participant who fails to remain in good standing by | ||
complying with applicable law or a requirement of the program. Not | ||
later than the fifth business day after the date on which the | ||
organization suspends an account, the organization shall notify the | ||
comptroller that the account has been suspended. | ||
(b) On suspension of an account under Subsection (a), the | ||
approved educational assistance organization shall notify the | ||
program participant in writing that the account has been suspended | ||
and that no additional payments may be made from the account. The | ||
notification must specify the grounds for the suspension and state | ||
that the participant has 30 business days to respond and take any | ||
corrective action required to comply with this subchapter. | ||
(c) On the expiration of the 30-day period under Subsection | ||
(b), the comptroller shall: | ||
(1) order closure of the suspended account; | ||
(2) order temporary reinstatement of the account, | ||
conditioned on the performance of a specified action by the program | ||
participant; or | ||
(3) order full reinstatement of the account. | ||
(d) A payment to a preapproved education service provider or | ||
vendor of educational products for an approved education-related | ||
expense initiated under Section 29.360(b) before an account is | ||
suspended under this section may not be denied on the basis of the | ||
suspension. | ||
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An | ||
education service provider or vendor of educational products may | ||
not charge a child participating in the program an amount greater | ||
than the standard amount charged for that service or product by the | ||
provider or vendor. | ||
(b) An education service provider or vendor of educational | ||
products receiving money distributed under the program may not in | ||
any manner rebate, refund, or credit to or share with a program | ||
participant, or any person on behalf of a participant, any program | ||
money paid or owed by the participant to the provider or vendor. | ||
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the | ||
comptroller obtains evidence of fraudulent use of an account or | ||
money distributed under the program by an approved educational | ||
assistance organization, education service provider, vendor of | ||
educational products, or program participant, the comptroller | ||
shall notify the appropriate local county or district attorney with | ||
jurisdiction over the principal place of business of the | ||
organization, provider, or vendor or the residence of the program | ||
participant, as applicable. | ||
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) An approved | ||
educational assistance organization shall post on the | ||
organization's Internet website a notice that: | ||
(1) states that a private school is not subject to | ||
federal and state laws regarding the provision of educational | ||
services to a child with a disability in the same manner as a public | ||
school; and | ||
(2) provides information regarding rights to which a | ||
child with a disability is entitled under federal and state law if | ||
the child attends a public school, including: | ||
(A) rights provided under the Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and | ||
(B) rights provided under Subchapter A. | ||
(b) A private school in which a child with a disability who | ||
is a program participant enrolls shall provide to the child's | ||
parent a copy of the notice required under Subsection (a). | ||
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR | ||
AUTONOMY. (a) An education service provider or vendor of | ||
educational products that receives money distributed under the | ||
program is not a recipient of federal financial assistance and may | ||
not be considered to be an agent of state government on the basis of | ||
receiving that money. | ||
(b) A rule adopted or other governmental action taken, | ||
including an action taken by an approved educational assistance | ||
organization, related to the program may not impose requirements | ||
that are contrary to or limit the religious or institutional values | ||
or practices of an education service provider, vendor of | ||
educational products, or program participant, including by | ||
limiting the ability of the provider, vendor, or participant, as | ||
applicable, to: | ||
(1) determine the methods of instruction or curriculum | ||
used to educate students; | ||
(2) determine admissions and enrollment practices, | ||
policies, and standards; | ||
(3) modify or refuse to modify the provider's, | ||
vendor's, or participant's religious or institutional values or | ||
practices, including operations, conduct, policies, standards, | ||
assessments, or employment practices that are based on the | ||
provider's, vendor's, or participant's religious or institutional | ||
values or practices; or | ||
(4) exercise the provider's, vendor's, or | ||
participant's religious or institutional practices as determined | ||
by the provider, vendor, or participant. | ||
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On | ||
request by the parent of a child participating or seeking to | ||
participate in the program, the school district or open-enrollment | ||
charter school that the child attends or previously attended shall | ||
provide a copy of the child's school records possessed by the | ||
district or school, if any, to the child's parent or, if requested, | ||
the private school the child attends. | ||
(b) As necessary to verify a child's eligibility for the | ||
program, the agency, a school district, or an open-enrollment | ||
charter school shall provide to the state auditor and an approved | ||
educational assistance organization any information available to | ||
the agency, district, or school regarding a child who participates | ||
or seeks to participate in the program, including information | ||
regarding the child's public school enrollment status and whether | ||
the child can be counted toward a public school's average daily | ||
attendance for purposes of the allocation of funding under the | ||
foundation school program. The state auditor and the organization | ||
may not retain information provided under this subsection beyond | ||
the period necessary to determine a child's eligibility to | ||
participate in the program. | ||
(c) An approved educational assistance organization or an | ||
education service provider or vendor of educational products that | ||
obtains information regarding a child participating in the program: | ||
(1) shall comply with: | ||
(A) the requirements regarding the | ||
confidentiality of student educational information under the | ||
Family Educational Rights and Privacy Act of 1974 (20 | ||
U.S.C. Section 1232g); and | ||
(B) state law regarding the confidentiality of | ||
student educational information; and | ||
(2) may not sell or otherwise distribute information | ||
regarding a child participating in the program. | ||
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller | ||
and an approved educational assistance organization may solicit and | ||
accept gifts, grants, and donations from any public or private | ||
source for any expenses related to the administration of the | ||
program, including establishing the program and contracting for the | ||
report required under Section 29.371. | ||
Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall | ||
contract with one or more qualified researchers employed by a | ||
higher education provider to compile and publish program data and | ||
produce an annual longitudinal report regarding: | ||
(1) the number of program applications received, | ||
accepted, and waitlisted, disaggregated by age; | ||
(2) program participant satisfaction; | ||
(3) the results of assessment instruments shared in | ||
accordance with Section 29.357(2); | ||
(4) the effect of the program on public and private | ||
school capacity, availability, and quality; | ||
(5) the amount of cost savings accruing to the state as | ||
a result of the program; | ||
(6) in a report submitted in an even-numbered year | ||
only, an estimate of the total amount of funding required for the | ||
program for the next state fiscal biennium; | ||
(7) the amount of gifts, grants, and donations | ||
received under Section 29.370; and | ||
(8) based on surveys of former program participants or | ||
other sources available to the researcher, the number and | ||
percentage of children who participated in the program and, within | ||
one year after graduating from high school, are: | ||
(A) college ready, as indicated by earning a | ||
minimum of 12 non-remedial semester credit hours or the equivalent | ||
or an associate degree from a postsecondary educational | ||
institution; | ||
(B) career ready, as indicated by: | ||
(i) earning a credential of value included | ||
in the library of credentials established under Section 2308A.007, | ||
Government Code; or | ||
(ii) employment at or above the median wage | ||
in the child's region; or | ||
(C) military ready, as indicated by achieving a | ||
passing score set by the applicable military branch on the Armed | ||
Services Vocational Aptitude Battery and enlisting in the armed | ||
forces of the United States or the Texas National Guard. | ||
(b) In producing program data and the report, a researcher | ||
shall: | ||
(1) use appropriate analytical and behavioral science | ||
methodologies to ensure public confidence in the report; and | ||
(2) comply with the requirements regarding the | ||
confidentiality of student educational information under the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g). | ||
(c) The report must cover the five most recent school years | ||
and include, subject to Subsection (b)(2), the data analyzed and | ||
methodology used. | ||
(d) The comptroller and each approved educational | ||
assistance organization shall post the report on the comptroller's | ||
and organization's respective Internet websites. | ||
(e) To the extent consistent with state and federal law | ||
regarding the confidentiality of student educational information, | ||
the program data and report are public information under Chapter | ||
552, Government Code. | ||
Sec. 29.372. RULES; PROCEDURES. The comptroller shall | ||
adopt rules and procedures as necessary to implement, administer, | ||
and enforce this subchapter. | ||
Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program | ||
participant may appeal to the comptroller an administrative | ||
decision made by the comptroller or an approved educational | ||
assistance organization under this subchapter, including a | ||
decision regarding eligibility, allowable expenses, or the | ||
participant's removal from the program. | ||
(b) A program participant, education service provider, or | ||
vendor of educational products who is adversely affected or | ||
aggrieved by a decision made by the comptroller or an approved | ||
educational assistance organization under this subchapter may file | ||
a suit challenging the decision in a district court in the county in | ||
which the program participant resides or the provider or vendor has | ||
its principal place of business, as applicable. | ||
Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A | ||
program participant, education service provider, or vendor of | ||
educational products may intervene in any civil action challenging | ||
the constitutionality of the program. | ||
(b) A court in which a civil action described by Subsection | ||
(a) is filed may require that all program participants, education | ||
service providers, and vendors of educational products wishing to | ||
intervene in the action file a joint brief. A program participant, | ||
education service provider, or vendor of educational products may | ||
not be required to join a brief filed on behalf of the state or a | ||
state agency. | ||
SECTION 3. Section 22.092(d), Education Code, is amended to | ||
read as follows: | ||
(d) The agency shall provide equivalent access to the | ||
registry maintained under this section to: | ||
(1) private schools; | ||
(2) public schools; [ |
||
(3) nonprofit teacher organizations approved by the | ||
commissioner for the purpose of participating in the tutoring | ||
program established under Section 33.913; and | ||
(4) the comptroller for the purpose of preapproving | ||
education service providers and vendors of educational products | ||
under Section 29.358 for participation in the program established | ||
under Subchapter J, Chapter 29. | ||
SECTION 4. Section 411.109, Government Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) The comptroller is entitled to obtain criminal | ||
history record information maintained by the department about a | ||
person who is a private tutor, a therapist, or an employee of a | ||
teaching service, school, or other education service provider or | ||
vendor of educational products who intends to provide educational | ||
services to a child participating in the program established under | ||
Subchapter J, Chapter 29, Education Code, and is seeking approval | ||
to receive money distributed under that program. | ||
SECTION 5. Subchapter J, Chapter 29, Education Code, as | ||
added by this Act, applies beginning with the 2024-2025 school | ||
year. | ||
SECTION 6. (a) Not later than February 15, 2024, the | ||
comptroller of public accounts shall adopt rules as provided by | ||
Section 29.372, Education Code, as added by this Act. | ||
(b) The comptroller of public accounts may identify rules | ||
required by the passage of Subchapter J, Chapter 29, Education | ||
Code, as added by this Act, that must be adopted on an emergency | ||
basis for purposes of the 2024-2025 school year and may use the | ||
procedures established under Section 2001.034, Government Code, | ||
for adopting those rules. The comptroller of public accounts is not | ||
required to make the finding described by Section 2001.034(a), | ||
Government Code, to adopt emergency rules under this subsection. | ||
SECTION 7. (a) The constitutionality and other validity | ||
under the state or federal constitution of all or any part of | ||
Subchapter J, Chapter 29, Education Code, as added by this Act, may | ||
be determined in an action for declaratory judgment under Chapter | ||
37, Civil Practice and Remedies Code, in a district court in the | ||
county in which the violation is alleged to have occurred or where | ||
the plaintiff resides or has its principal place of business. | ||
(b) An order, however characterized, of a trial court | ||
granting or denying a temporary or otherwise interlocutory | ||
injunction or a permanent injunction on the grounds of the | ||
constitutionality or unconstitutionality, or other validity or | ||
invalidity, under the state or federal constitution of all or any | ||
part of Subchapter J, Chapter 29, Education Code, as added by this | ||
Act, may be reviewed only by direct appeal to the Texas Supreme | ||
Court filed not later than the 15th business day after the date on | ||
which the order was entered. The Texas Supreme Court shall give | ||
precedence to appeals under this section over other matters. | ||
(c) The direct appeal is an accelerated appeal. | ||
(d) This section exercises the authority granted by Section | ||
3-b, Article V, Texas Constitution. | ||
(e) The filing of a direct appeal under this section will | ||
automatically stay any temporary or otherwise interlocutory | ||
injunction or permanent injunction granted in accordance with this | ||
section pending final determination by the Texas Supreme Court, | ||
unless the supreme court makes specific findings that the applicant | ||
seeking such injunctive relief has pleaded and proved that: | ||
(1) the applicant has a probable right to the relief it | ||
seeks on final hearing; | ||
(2) the applicant will suffer a probable injury that | ||
is imminent and irreparable, and that the applicant has no other | ||
adequate legal remedy; and | ||
(3) maintaining the injunction is in the public | ||
interest. | ||
(f) An appeal under this section, including an | ||
interlocutory, accelerated, or direct appeal, is governed, as | ||
applicable, by the Texas Rules of Appellate Procedure, including | ||
Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b), | ||
40.1(b), and 49.4. | ||
(g) This section does not authorize an award of attorney's | ||
fees against this state, and Section 37.009, Civil Practice and | ||
Remedies Code, does not apply to an action filed under this section. | ||
(h) This section does not authorize a taxpayer suit to | ||
contest the denial of a tax credit by the comptroller of public | ||
accounts. | ||
SECTION 8. It is the intent of the legislature that every | ||
provision, section, subsection, sentence, clause, phrase, or word | ||
in this Act, and every application of the provisions in this Act to | ||
each person or entity, is severable from each other. If any | ||
application of any provision in this Act to any person, group of | ||
persons, or circumstances is found by a court to be invalid for any | ||
reason, the remaining applications of that provision to all other | ||
persons and circumstances shall be severed and may not be affected. | ||
SECTION 9. 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 on the 91st day after the last day of the | ||
legislative session. |