Bill Text: TX HB3781 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to special education in public schools, including the special education allotment under the Foundation School Program, an education savings account program for certain children with disabilities, and a grant program to reimburse public schools for the cost of certain employer contributions for retirees of the Teacher Retirement System of Texas employed to teach special education.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2023-04-12 - Left pending in committee [HB3781 Detail]
Download: Texas-2023-HB3781-Introduced.html
By: Jetton | H.B. No. 3781 |
|
||
|
||
relating to special education in public schools, including the | ||
special education allotment under the Foundation School Program, an | ||
education savings account program for certain children with | ||
disabilities, and a grant program to reimburse public schools for | ||
the cost of certain employer contributions for retirees of the | ||
Teacher Retirement System of Texas employed to teach special | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Effective September 1, 2024, Section 8.051(d), | ||
Education Code, is amended to read as follows: | ||
(d) Each regional education service center shall maintain | ||
core services for purchase by school districts and campuses. The | ||
core services are: | ||
(1) training and assistance in: | ||
(A) teaching each subject area assessed under | ||
Section 39.023; and | ||
(B) providing instruction in personal financial | ||
literacy as required under Section 28.0021; | ||
(2) training and assistance in providing each program | ||
that qualifies for a funding allotment under Section 48.102, | ||
48.1021, 48.104, 48.105, or 48.109; | ||
(3) assistance specifically designed for a school | ||
district or campus assigned an unacceptable performance rating | ||
under Section 39.054; | ||
(4) training and assistance to teachers, | ||
administrators, members of district boards of trustees, and members | ||
of site-based decision-making committees; | ||
(5) assistance specifically designed for a school | ||
district that is considered out of compliance with state or federal | ||
special education requirements, based on the agency's most recent | ||
compliance review of the district's special education programs; and | ||
(6) assistance in complying with state laws and rules. | ||
SECTION 2. Chapter 22, Education Code, is amended by adding | ||
Subchapter E to read as follows: | ||
SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM | ||
Sec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANT | ||
PROGRAM. (a) From money appropriated or otherwise available for | ||
the purpose, the commissioner shall establish a grant program to | ||
reimburse school districts and open-enrollment charter schools for | ||
the cost of required contributions under Section 825.4092, | ||
Government Code, for the employment of a retiree hired to: | ||
(1) teach special education; or | ||
(2) provide services related to special education. | ||
(b) A grant received under the program may only be used for | ||
the cost of required contributions for the employment of a retiree: | ||
(1) who retired before September 1, 2022; or | ||
(2) as provided by the General Appropriations Act. | ||
(c) If the amount of grant requests under the program | ||
exceeds the amount appropriated or otherwise available for the | ||
purpose, the commissioner shall proportionately reduce the amount | ||
of each grant. | ||
SECTION 3. Section 29.001, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION LAW | ||
[ |
||
for carrying out the purposes of Part B, Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1411 et seq.), the | ||
[ |
||
comprehensive system to ensure statewide and local compliance | ||
[ |
||
education[ |
||
(b) The comprehensive system [ |
||
include the provision of services primarily through school | ||
districts and shared services arrangements, supplemented by | ||
regional education service centers. | ||
(c) The comprehensive system [ |
||
maximizing student outcomes and include [ |
||
(1) rulemaking, technical assistance, guidance | ||
documents, monitoring protocols, and other resources as necessary | ||
to implement and ensure compliance with federal and state law | ||
related to special education [ |
||
(2) the facilitation of [ |
||
coordination when other state agencies are involved in the delivery | ||
of instructional or related services to students with disabilities; | ||
(3) the pursuit of [ |
||
education and related services personnel [ |
||
(4) ensuring [ |
||
centers throughout the state maintain a regional support function, | ||
which may include direct service delivery and a component designed | ||
to facilitate the placement of students with disabilities who | ||
cannot be appropriately served in their resident districts; | ||
(5) [ |
||
[ |
||
school districts to ensure that rules adopted under this subchapter | ||
[ |
||
that districts are complying with those rules, and to ensure that | ||
annual statistical reports filed by the districts and not otherwise | ||
available through the Public Education Information Management | ||
System under Sections 48.008 and 48.009 are accurate and complete; | ||
and | ||
(6) the provision of training and technical assistance | ||
to ensure that: | ||
(A) appropriately trained personnel are involved | ||
in the diagnostic and evaluative procedures operating in all | ||
districts and that those personnel routinely serve on district | ||
admissions, review, and dismissal committees; | ||
(B) [ |
||
education program for each student with a disability is properly | ||
developed, implemented, and maintained in the least restrictive | ||
environment that is appropriate to meet the student's educational | ||
needs; | ||
(C) [ |
||
student with a disability is provided an opportunity to participate | ||
in career and technology and physical education classes[ |
||
(D) [ |
||
disability is provided necessary related services; | ||
(E) [ |
||
act as a surrogate parent for a child with a disability, as provided | ||
by 20 U.S.C. Section 1415(b), is required to: | ||
(i) [ |
||
complies with minimum standards established by agency rule; | ||
(ii) [ |
||
school; | ||
(iii) [ |
||
in the child's education, including teachers, caseworkers, | ||
court-appointed volunteers, guardians ad litem, attorneys ad | ||
litem, foster parents, and caretakers; | ||
(iv) [ |
||
records; | ||
(v) [ |
||
admission, review, and dismissal committee; | ||
(vi) [ |
||
in pursuing the child's interests; and | ||
(vii) [ |
||
process rights under applicable state and federal law; and | ||
(F) [ |
||
process to be used by a teacher who instructs a student with a | ||
disability in a regular classroom setting: | ||
(i) [ |
||
student's individualized education program; | ||
(ii) [ |
||
development of the student's individualized education program; | ||
(iii) [ |
||
district response to the teacher's request; and | ||
(iv) [ |
||
to the student's parent or legal guardian of that response. | ||
SECTION 4. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0012 to read as follows: | ||
Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At | ||
least once each year, the board of trustees of a school district or | ||
the governing body of an open-enrollment charter school shall | ||
include during a public meeting the discussion of the performance | ||
of students receiving special education services at the district or | ||
school. | ||
(b) The agency by rule shall adopt a set of performance | ||
indicators for measuring and evaluating the quality of learning and | ||
achievement for students receiving special education services at | ||
the school district or open-enrollment charter school to be | ||
considered at a meeting held under this section. The indicators | ||
must include performance on the college, career, or military | ||
readiness outcomes described by Section 48.110. | ||
SECTION 5. Section 29.003, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall | ||
develop specific eligibility criteria based on the general | ||
classifications established by this section and in accordance with | ||
federal law [ |
||
disabilities shall enjoy the right to a free appropriate public | ||
education, which may include instruction in the regular classroom, | ||
instruction through special teaching, or instruction through | ||
contracts approved under this subchapter. Instruction shall be | ||
supplemented by the provision of related services when appropriate. | ||
(b) A student is eligible to participate in a school | ||
district's special education program [ |
||
(1) from birth through [ |
||
age if the student [ |
||
deaf or hard of hearing and that disability prevents the student | ||
from being adequately or safely educated in public school without | ||
the provision of special education services; [ |
||
(2) from three years of age through five years of age | ||
if the student is experiencing developmental delays as described by | ||
20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or | ||
(3) from 3 years of age through [ |
||
of the [ |
||
1401(3)(A) and that disability prevents the student from being | ||
adequately or safely educated in public school without the | ||
provision of special education services[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
SECTION 6. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0055 to read as follows: | ||
Sec. 29.0055. LOCAL INTELLECTUAL AND DEVELOPMENTAL | ||
DISABILITY AUTHORITY INFORMATION. At the meeting at which a child's | ||
initial individualized education program is developed, the school | ||
district shall provide to the child's parent the contact | ||
information for the local intellectual and developmental | ||
disability authority for the region in which the district is | ||
located for use in discussing services or public benefits that may | ||
provide additional support to the child. | ||
SECTION 7. Subchapter A, Chapter 29 Education Code, is | ||
amended by adding Section 29.0056 to read as follows: | ||
Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED | ||
LIVING CENTERS. (a) At an admission, review, dismissal meeting | ||
when residential placement is discussed, the school district shall | ||
provide to the child's parent or legal guardian the information | ||
regarding state supported living centers developed under | ||
Subsection (b) for use in discussing possible residential options. | ||
(b) The Health and Human Services Commission, in | ||
collaboration with the agency and stakeholders representing the | ||
full continuum of educational residential placement options, shall | ||
develop materials to be provided to a parent of a child who may | ||
qualify for placement in a state supported living center. | ||
(c) The agency shall make the materials developed under | ||
Subsection (b) available for school districts. | ||
SECTION 8. Section 29.008, Education Code, is amended by | ||
amending Subsections (a) and (b) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) The commissioner shall establish a list of approved | ||
public or private facilities, institutions, or agencies inside or | ||
outside of this state that a [ |
||
arrangement unit, or regional education service center may contract | ||
with [ |
||
with disabilities in a residential placement. The commissioner may | ||
approve either the whole or a part of a facility or program. | ||
(a-1) Each contract described by this section [ |
||
commissioner may approve a [ |
||
this section only after at least a programmatic evaluation of | ||
personnel qualifications, costs, adequacy of physical plant and | ||
equipment, and curriculum content. [ |
||
(b) Except as provided by Subsection (c), costs of an | ||
approved contract for residential placement may be paid from a | ||
combination of federal, state, and local funds. The local share of | ||
the total contract cost for each student is that portion of the | ||
local tax effort that exceeds the district's local fund assignment | ||
under Section 48.256, divided by the average daily attendance in | ||
the district. If the contract involves a private facility, the | ||
state share of the total contract cost is that amount remaining | ||
after subtracting the local share. If the contract involves a | ||
public facility, the state share is that amount remaining after | ||
subtracting the local share from the portion of the contract that | ||
involves the costs of instructional and related services. For | ||
purposes of this subsection, "local tax effort" means the total | ||
amount of money generated by taxes imposed for debt service and | ||
maintenance and operation less any amounts paid into a tax | ||
increment fund under Chapter 311, Tax Code. This subsection | ||
expires September 1, 2027. | ||
SECTION 9. The heading to Section 29.009, Education Code, | ||
is amended to read as follows: | ||
Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD | ||
SPECIAL EDUCATION [ |
||
SECTION 10. Section 29.010, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The | ||
agency shall develop [ |
||
for monitoring school district compliance with federal and state | ||
laws relating to special education. The monitoring system must | ||
include a comprehensive cyclical process and a targeted risk-based | ||
process [ |
||
instruments for use in determining district compliance under this | ||
section [ |
||
(b) As part of the monitoring process [ |
||
teachers of students in special education programs in the district. | ||
(c) The agency shall develop and implement a system of | ||
interventions and sanctions for school districts the agency | ||
identifies as being in noncompliance with [ |
||
Section 1400 et seq.), federal regulations, state statutes, or | ||
agency requirements necessary to carry out federal law or | ||
regulations or state law relating to special education. | ||
(d) The agency shall establish a graduated process of | ||
sanctions to apply to [ |
||
for more than one year[ |
||
sanctions shall [ |
||
withholding of funds. If funds are withheld, the agency may use the | ||
funds to provide, through alternative arrangements, services to | ||
students and staff members in the district from which the funds are | ||
withheld. | ||
(e) The agency's complaint management division shall | ||
develop a system for expedited investigation and resolution of | ||
complaints concerning a district's failure to provide special | ||
education or related services to a student eligible to participate | ||
in the district's special education program. | ||
[ |
||
SECTION 11. Effective September 1, 2024, Section 29.014(d), | ||
Education Code, is amended to read as follows: | ||
(d) The basic allotment for a student enrolled in a district | ||
to which this section applies is adjusted by the tier of intensity | ||
of service defined in accordance with [ |
||
for use under this section [ |
||
SECTION 12. Section 29.018, Education Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) This section expires September 1, 2026. | ||
SECTION 13. Sections 29.022(a), (a-1), (b), (c), (c-1), | ||
(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended | ||
to read as follows: | ||
(a) In order to promote student safety, on receipt of a | ||
written request authorized under Subsection (a-1), a school | ||
district or open-enrollment charter school shall provide | ||
equipment, including a video camera, to the school or schools in the | ||
district or the charter school campus or campuses specified in the | ||
request. A school or campus that receives equipment as provided by | ||
this subsection shall place, operate, and maintain one or more | ||
video cameras in special education [ |
||
other special education settings [ |
||
(1) a school or campus that receives equipment as a | ||
result of the request by a parent or staff member is required to | ||
place equipment only in classrooms or settings in which the | ||
parent's child is in regular attendance or to which the staff member | ||
is assigned, as applicable; and | ||
(2) a school or campus that receives equipment as a | ||
result of the request by a board of trustees, governing body, | ||
principal, or assistant principal is required to place equipment | ||
only in classrooms or settings identified by the requestor, if the | ||
requestor limits the request to specific classrooms or settings | ||
subject to this subsection. | ||
(a-1) For purposes of Subsection (a): | ||
(1) a parent of a child who receives special education | ||
services in one or more special education [ |
||
classrooms or other special education settings may request in | ||
writing that equipment be provided to the school or campus at which | ||
the child receives those services; | ||
(2) a board of trustees or governing body may request | ||
in writing that equipment be provided to one or more specified | ||
schools or campuses at which one or more children receive special | ||
education services in special education [ |
||
classrooms or other special education settings; | ||
(3) the principal or assistant principal of a school | ||
or campus at which one or more children receive special education | ||
services in special education [ |
||
special education settings may request in writing that equipment be | ||
provided to the principal's or assistant principal's school or | ||
campus; and | ||
(4) a staff member assigned to work with one or more | ||
children receiving special education services in special education | ||
[ |
||
may request in writing that equipment be provided to the school or | ||
campus at which the staff member works. | ||
(b) A school or campus that places a video camera in a | ||
special education classroom or other special education setting in | ||
accordance with Subsection (a) shall operate and maintain the video | ||
camera in the classroom or setting, as long as the classroom or | ||
setting continues to satisfy the requirements under Subsection (a), | ||
for the remainder of the school year in which the school or campus | ||
received the request, unless the requestor withdraws the request in | ||
writing. If for any reason a school or campus will discontinue | ||
operation of a video camera during a school year, not later than the | ||
fifth school day before the date the operation of the video camera | ||
will be discontinued, the school or campus must notify the parents | ||
of each student in regular attendance in the classroom or setting | ||
that operation of the video camera will not continue unless | ||
requested by a person eligible to make a request under Subsection | ||
(a-1). Not later than the 10th school day before the end of each | ||
school year, the school or campus must notify the parents of each | ||
student in regular attendance in the classroom or setting that | ||
operation of the video camera will not continue during the | ||
following school year unless a person eligible to make a request for | ||
the next school year under Subsection (a-1) submits a new request. | ||
(c) Except as provided by Subsection (c-1), video cameras | ||
placed under this section must be capable of: | ||
(1) covering all areas of the special education | ||
classroom or other special education setting, including a room | ||
attached to the classroom or setting used for time-out; and | ||
(2) recording audio from all areas of the special | ||
education classroom or other special education setting, including a | ||
room attached to the classroom or setting used for time-out. | ||
(c-1) The inside of a bathroom or any area in the special | ||
education classroom or other special education setting in which a | ||
student's clothes are changed may not be visually monitored, except | ||
for incidental coverage of a minor portion of a bathroom or changing | ||
area because of the layout of the classroom or setting. | ||
(d) Before a school or campus activates a video camera in a | ||
special education classroom or other special education setting | ||
under this section, the school or campus shall provide written | ||
notice of the placement to all school or campus staff and to the | ||
parents of each student attending class or engaging in school | ||
activities in the classroom or setting. | ||
(f) A school district or open-enrollment charter school may | ||
solicit and accept gifts, grants, and donations from any person for | ||
use in placing video cameras in special education classrooms or | ||
other special education settings under this section. | ||
(h) A school district or open-enrollment charter school may | ||
not: | ||
(1) allow regular or continual monitoring of video | ||
recorded under this section; or | ||
(2) use video recorded under this section for teacher | ||
evaluation or for any other purpose other than the promotion of | ||
safety of students receiving special education services in a | ||
special education [ |
||
education setting. | ||
(k) The commissioner may adopt rules to implement and | ||
administer this section, including rules regarding the special | ||
education classrooms and other special education settings to which | ||
this section applies. | ||
(l) A school district or open-enrollment charter school | ||
policy relating to the placement, operation, or maintenance of | ||
video cameras under this section must: | ||
(1) include information on how a person may appeal an | ||
action by the district or school that the person believes to be in | ||
violation of this section or a policy adopted in accordance with | ||
this section, including the appeals process under Section 7.057; | ||
(2) require that the district or school provide a | ||
response to a request made under this section not later than the | ||
seventh school business day after receipt of the request by the | ||
person to whom it must be submitted under Subsection (a-3) that | ||
authorizes the request or states the reason for denying the | ||
request; | ||
(3) except as provided by Subdivision (5), require | ||
that a school or a campus begin operation of a video camera in | ||
compliance with this section not later than the 45th school | ||
business day, or the first school day after the 45th school business | ||
day if that day is not a school day, after the request is authorized | ||
unless the agency grants an extension of time; | ||
(4) permit the parent of a student whose admission, | ||
review, and dismissal committee has determined that the student's | ||
placement for the following school year will be in a special | ||
education classroom or other special education setting in which a | ||
video camera may be placed under this section to make a request for | ||
the video camera by the later of: | ||
(A) the date on which the current school year | ||
ends; or | ||
(B) the 10th school business day after the date | ||
of the placement determination by the admission, review, and | ||
dismissal committee; and | ||
(5) if a request is made by a parent in compliance with | ||
Subdivision (4), unless the agency grants an extension of time, | ||
require that a school or campus begin operation of a video camera in | ||
compliance with this section not later than the later of: | ||
(A) the 10th school day of the fall semester; or | ||
(B) the 45th school business day, or the first | ||
school day after the 45th school business day if that day is not a | ||
school day, after the date the request is made. | ||
(s) This section applies to the placement, operation, and | ||
maintenance of a video camera in a special education | ||
[ |
||
during the regular school year and extended school year services. | ||
(t) A video camera placed under this section is not required | ||
to be in operation for the time during which students are not | ||
present in the special education classroom or other special | ||
education setting. | ||
SECTION 14. Sections 29.022(u)(3) and (4), Education Code, | ||
are amended to read as follows: | ||
(3) "Special education classroom or other special | ||
education setting" means a classroom or setting primarily used for | ||
delivering special education services to students who spend on | ||
average less than 40 percent of an instructional day in a general | ||
education classroom or setting [ |
||
(4) "Staff member" means a teacher, related service | ||
provider, paraprofessional, counselor, or educational aide | ||
assigned to work in a special education [ |
||
or other special education setting. | ||
SECTION 15. Section 29.026(i), Education Code, is amended | ||
to read as follows: | ||
(i) A program selected to receive a grant under this section | ||
is [ |
||
SECTION 16. Section 29.027(d), Education Code, is amended | ||
to read as follows: | ||
(d) A grant under this section is [ |
||
SECTION 17. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.029 to read as follows: | ||
Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION | ||
STAFF. (a) From funds appropriated or otherwise available for the | ||
purpose, the agency shall provide grants to school districts and | ||
open-enrollment charter schools to increase the number of qualified | ||
and appropriately credentialed special education staff, including | ||
special education teachers, special education paraprofessionals, | ||
evaluation personnel, ancillary instruction personnel, and related | ||
service personnel. | ||
(b) A school district or open-enrollment charter school | ||
that receives a grant under this section shall require each person | ||
the district or school uses the grant money to assist in becoming | ||
licensed, certified, or otherwise credentialed as described by | ||
Subsection (a) to work at the district or school for a period | ||
established by commissioner rule. | ||
(c) The commissioner shall adopt rules establishing the | ||
period of required employment described by Subsection (b) and any | ||
other rules necessary to implement this section. | ||
SECTION 18. The heading to Subchapter A-1, Chapter 29, | ||
Education Code, is amended to read as follows: | ||
SUBCHAPTER A-1. PARENT-DIRECTED [ |
||
SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION Services | ||
[ |
||
SECTION 19. Sections 29.041(2) and (3), Education Code, are | ||
amended to read as follows: | ||
(2) "Supplemental [ |
||
materials" includes textbooks, computer hardware or software, | ||
other technological devices, and other materials suitable for | ||
addressing an educational need of a student receiving special | ||
education services under Subchapter A. | ||
(3) "Supplemental [ |
||
an additive service that provides an educational benefit to a | ||
student receiving special education services under Subchapter A, | ||
including: | ||
(A) occupational therapy, physical therapy, and | ||
speech therapy; and | ||
(B) private tutoring and other supplemental | ||
private instruction or programs. | ||
SECTION 20. Sections 29.042(a), (c), and (d) Education | ||
Code, are amended to read as follows: | ||
(a) The agency by rule shall establish and administer a | ||
parent-directed [ |
||
education services, through which a parent may direct supplemental | ||
services and supplemental instructional materials for the parent's | ||
student [ |
||
for participation in the program. Subject to Subsection (c), the | ||
agency shall provide each student approved as provided by this | ||
subchapter a grant in accordance with Section 48.305 [ |
||
and supplemental [ |
||
(c) [ |
||
[ |
||
education service centers to administer the program. | ||
SECTION 21. Section 29.045, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF | ||
ACCOUNT. The [ |
||
approve each student who meets the program eligibility criteria | ||
established under Section 29.044 and assign to the student an | ||
account maintained under Section 29.042(b). The account may only | ||
be used by the student's parent to purchase supplemental [ |
||
instructional materials for the student, subject to Sections 29.046 | ||
and 29.047. | ||
SECTION 22. Sections 29.046(a) and (b), Education Code, are | ||
amended to read as follows: | ||
(a) Money in an account assigned to a student under Section | ||
29.045 may be used only for supplemental [ |
||
services and supplemental [ |
||
materials. | ||
(b) Supplemental [ |
||
provided by an agency-approved provider. | ||
SECTION 23. Sections 29.047(a), (c), (d), and (e), | ||
Education Code, are amended to read as follows: | ||
(a) The agency shall establish criteria necessary for | ||
agency approval for each category of provider of a professional | ||
service that is a supplemental [ |
||
identified by the agency. | ||
(c) The agency shall provide a procedure for providers of | ||
supplemental [ |
||
become an agency-approved provider. | ||
(d) The agency may establish criteria for agency approval of | ||
vendors for each category of supplemental [ |
||
instructional materials identified by the agency. | ||
(e) If the agency establishes criteria for agency approval | ||
for a vendor of a category of supplemental [ |
||
instructional materials, the agency shall provide a procedure for | ||
vendors of that category to apply to the agency to become an | ||
agency-approved vendor. | ||
SECTION 24. Section 29.048, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE | ||
DUTIES. (a) A student's admission, review, and dismissal | ||
committee shall develop a student's individualized education | ||
program under Section 29.005, in compliance with the Individuals | ||
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.), | ||
without consideration of any supplemental [ |
||
services or supplemental instructional materials that may be | ||
provided under the program under this subchapter. | ||
(b) Unless the district first verifies that an account has | ||
been assigned to the student under Section 29.045, the [ |
||
admission, review, and dismissal committee of a student approved | ||
for participation in the program shall provide to the student's | ||
parent at an admission, review, and dismissal committee meeting for | ||
the student: | ||
(1) information regarding the types of supplemental | ||
[ |
||
materials available under the program and provided by | ||
agency-approved providers for which an account maintained under | ||
Section 29.042(b) for the student may be used; and | ||
(2) instructions regarding accessing an account | ||
described by Subdivision (1). | ||
SECTION 25. Subchapter A-1, Chapter 29, Education Code, is | ||
amended by adding Section 29.0485 to read as follows: | ||
Sec. 29.0485. DETERMINATION OF COMMISSIONER | ||
FINAL. Notwithstanding Section 7.057, a determination of the | ||
commissioner under this subchapter or Section 48.305 is final and | ||
may not be appealed. | ||
SECTION 26. Section 29.049, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.049. RULES. The commissioner shall adopt rules as | ||
necessary to administer the supplemental [ |
||
services and supplemental instructional materials program under | ||
this subchapter. | ||
SECTION 27. Section 29.315, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF | ||
UNDERSTANDING. The agency [ |
||
School for the Deaf shall develop[ |
||
understanding to establish: | ||
(1) the method for developing and reevaluating a set | ||
of indicators of the quality of learning at the Texas School for the | ||
Deaf; | ||
(2) the process for the agency to conduct and report on | ||
an annual evaluation of the school's performance on the indicators; | ||
(3) the requirements for the school's board to | ||
publish, discuss, and disseminate an annual report describing the | ||
educational performance of the school; | ||
(4) the process for the agency to assign an | ||
accreditation status to the school, to reevaluate the status on an | ||
annual basis, and, if necessary, to conduct monitoring reviews; and | ||
(5) the type of information the school shall be | ||
required to provide through the Public Education Information | ||
Management System (PEIMS). | ||
SECTION 28. Section 29.316(c), Education Code, is amended | ||
to read as follows: | ||
(c) Not later than August 31 of each year, the agency, the | ||
division, and the center jointly shall prepare and post on the | ||
agency's, the division's, and the center's respective Internet | ||
websites a report on the language acquisition of children eight | ||
years of age or younger who are deaf or hard of hearing. The report | ||
must: | ||
(1) include: | ||
(A) existing data reported in compliance with | ||
federal law regarding children with disabilities; and | ||
(B) information relating to the language | ||
acquisition of children who are deaf or hard of hearing and also | ||
have other disabilities; | ||
(2) state for each child: | ||
(A) the percentage of the instructional day | ||
[ |
||
education setting [ |
||
(B) the specific language acquisition services | ||
provided to the child, including: | ||
(i) the time spent providing those | ||
services; and | ||
(ii) a description of any hearing | ||
amplification used in the delivery of those services, including: | ||
(a) the type of hearing amplification | ||
used; | ||
(b) the period of time in which the | ||
child has had access to the hearing amplification; and | ||
(c) the average amount of time the | ||
child uses the hearing amplification each day; | ||
(C) the tools or assessments used to assess the | ||
child's language acquisition and the results obtained; | ||
(D) the preferred unique communication mode used | ||
by the child at home; and | ||
(E) the child's age, race, and gender, the age at | ||
which the child was identified as being deaf or hard of hearing, and | ||
any other relevant demographic information the commissioner | ||
determines to likely be correlated with or have an impact on the | ||
child's language acquisition; | ||
(3) compare progress in English literacy made by | ||
children who are deaf or hard of hearing to progress in that subject | ||
made by children of the same age who are not deaf or hard of hearing, | ||
by appropriate age range; and | ||
(4) be redacted as necessary to comply with state and | ||
federal law regarding the confidentiality of student medical or | ||
educational information. | ||
SECTION 29. 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) "Child with a disability" means a child who is: | ||
(A) eligible to participate in a school | ||
district's special education program under Section 29.003; or | ||
(B) covered by Section 504, Rehabilitation Act of | ||
1973 (29 U.S.C. Section 794). | ||
(3) "Curriculum" means a complete course of study for | ||
a particular content area or grade level. | ||
(4) "Financial institution" means a bank, credit | ||
union, savings bank, or savings and loan association organized | ||
under the laws of this state, the laws of another state, or federal | ||
law that has its main office or a branch office in this state. The | ||
term does not include any institution the deposits of which are not | ||
insured by the Federal Deposit Insurance Corporation or the | ||
National Credit Union Administration. | ||
(5) "Institution of higher education" and "private or | ||
independent institution of higher education" have the meanings | ||
assigned by Section 61.003. | ||
(6) "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. | ||
(7) "Program" means the education savings account | ||
program established under this subchapter. | ||
(8) "Program participant" means a child and a parent | ||
of a child enrolled in the program. | ||
Sec. 29.352. PURPOSES. The purposes of the education | ||
savings account program are to: | ||
(1) improve public schools and overall academic | ||
performance; | ||
(2) promote efficiency; | ||
(3) promote and preserve the liberties and rights of | ||
the people; and | ||
(4) increase parental choice in learning | ||
opportunities and supports. | ||
Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The agency | ||
shall establish and administer an education savings account | ||
program to provide funding for certain education-related expenses | ||
of eligible children. | ||
(b) The agency shall ensure that information about the | ||
program is readily available to parents of children with | ||
disabilities and the public through various sources, including the | ||
agency's Internet website. The information made available to | ||
parents of children with disabilities must include a notice that: | ||
(1) states that a private school is not subject to laws | ||
regarding the provision of educational services in the same manner | ||
as a public school, and a child with a disability attending a | ||
private school may not receive the services a child with a | ||
disability attending a public school is entitled to receive under | ||
federal and state law; | ||
(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.), | ||
including: | ||
(i) an individualized education program | ||
that provides a free and appropriate public education; | ||
(ii) educational services provided in the | ||
least restrictive environment; | ||
(iii) instruction from certified teachers; | ||
(iv) dispute resolution options Section to | ||
ensure proper and full implementation of an individualized | ||
education program; | ||
(v) transition and planning services; and | ||
(vi) supplementary aids and services; | ||
(B) rights provided under Subchapter A; and | ||
(C) other rights provided under federal or state | ||
law; and | ||
(3) provides information regarding the program, | ||
including: | ||
(A) the operation of an account; | ||
(B) expenses allowed under Section 29.357 and the | ||
consequences for using money in an account on expenses that are not | ||
allowed under that section; and | ||
(C) common service offerings. | ||
Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to | ||
participate in the program if the child: | ||
(1) is a child with a disability; | ||
(2) is eligible to attend a public school under | ||
Section 25.001; and | ||
(3) meets at least one of the following criteria: | ||
(A) was enrolled in a public school in this state | ||
for a period of at least six weeks during the preceding or current | ||
school year; | ||
(B) was required to attend school under Section | ||
25.085 for a period of less than six weeks during the preceding and | ||
current school year due to the child's age or nonresidence in this | ||
state; or | ||
(C) participated in the program during the | ||
preceding school year. | ||
(b) A child who establishes eligibility under this section | ||
may 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; or | ||
(4) the date on which the child is declared ineligible | ||
for the program by the commissioner under this subchapter. | ||
(c) Notwithstanding Subsection (b), the commissioner shall | ||
establish a process for, in the least disruptive manner possible: | ||
(1) a child participating in the program to cease | ||
participation and enroll in a public school, including an | ||
open-enrollment charter school; and | ||
(2) a child who previously participated in the program | ||
and subsequently enrolled in a public school, including an | ||
open-enrollment charter school, to resume participation in the | ||
program. | ||
Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an | ||
eligible child may enroll the child in the program for the following | ||
school year. | ||
(b) The commissioner shall by rule create an enrollment | ||
application for the program and make the enrollment application | ||
readily available to interested parents through various sources, | ||
including the agency's Internet website. An enrollment application | ||
for the program must be submitted to the commissioner | ||
electronically. | ||
(c) The commissioner shall post on the agency's Internet | ||
website and provide to each parent who submits an enrollment | ||
application a publication that describes the operation of the | ||
program, including: | ||
(1) expenses allowed under the program under Section | ||
29.357; | ||
(2) expense reporting requirements; and | ||
(3) a description of the responsibilities of program | ||
participants and the duties of the commissioner under this | ||
subchapter. | ||
(d) The commissioner shall provide to each parent who | ||
submits an enrollment application a written copy of the notice | ||
described by Section 29.353(b). Before the parent may receive | ||
funding under the program, the parent must sign an acknowledgment | ||
of receipt and understanding of the notice and return the signed | ||
acknowledgment to the commissioner. | ||
Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive | ||
funding under the program, a parent of an eligible child must agree | ||
to: | ||
(1) spend funds received through the program only for | ||
expenses allowed under Section 29.357; | ||
(2) notify the commissioner if the child enrolls in a | ||
public school, including an open-enrollment charter school, not | ||
later than the 30th day after the date of enrollment; | ||
(3) provide to the commissioner information necessary | ||
to determine the child's eligibility and the amount to which the | ||
child is entitled under the program; | ||
(4) ensure that the child's quality of learning is | ||
appropriately measured in accordance with Subsection (d) and | ||
commissioner rule and report the results to the agency; and | ||
(5) inform the commissioner if the child graduates | ||
from high school. | ||
(b) The parent of a child participating in the program is | ||
the trustee of the child's account. | ||
(c) The commissioner shall provide annually to each program | ||
participant the publication provided under Section 29.355(c). | ||
(d) The commissioner shall adopt a list of approved | ||
instruments that allow for a comparison between the quality of | ||
educational attainment for a child participating in the program and | ||
for students in other educational placements. To the extent | ||
practicable, the list must include nationally norm-referenced | ||
assessments and assessment instruments adopted under Section | ||
39.023. A child's performance on an instrument approved under this | ||
subsection for measuring a child's quality of learning may not be | ||
considered in determining the child's eligibility to participate in | ||
the program. | ||
Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a) | ||
Funds received under the program may be used only for the following | ||
expenses incurred by a program participant: | ||
(1) tuition and fees: | ||
(A) at a private school accredited by an entity | ||
recognized by the commissioner as an accrediting entity for private | ||
schools in this state; | ||
(B) at an institution of higher education or a | ||
private or independent institution of higher education; | ||
(C) for an online educational course or program; | ||
or | ||
(D) for a program that provides training for an | ||
industry-based certification; | ||
(2) the purchase of textbooks or other instructional | ||
materials required by a school, institution, course, or program | ||
described by Subdivision (1) in which the child is enrolled; | ||
(3) 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; | ||
(4) fees for services provided by a private tutor or | ||
teaching service; | ||
(5) fees paid to a vendor for transportation to and | ||
from school, not to exceed $500 per year; | ||
(6) fees for educational therapies or services | ||
provided by a practitioner or provider; | ||
(7) costs of computer hardware and software and other | ||
technological devices prescribed to facilitate a child's education | ||
by a physician, therapist, or other licensed service provider; | ||
(8) fees for a nationally norm-referenced achievement | ||
test or examination, an assessment instrument adopted under Section | ||
39.023, an advanced placement test or similar examination, an | ||
examination related to college or university admission, or any | ||
other instrument included on the agency's list under Section | ||
29.356(d); | ||
(9) fees for the management of the participant's | ||
account charged by a financial institution; | ||
(10) costs of breakfast or lunch provided to a child | ||
during the school day by a private school; | ||
(11) the purchase of school uniforms required by a | ||
private school; | ||
(12) costs of a school-age program, as defined by | ||
Section 42.002, Human Resources Code; and | ||
(13) costs of a youth camp licensed under Chapter 141, | ||
Health and Safety Code, that provides educational services. | ||
(b) Expenses allowed under Subsection (a) do not include | ||
expenses for: | ||
(1) consumable supplies, including paper, pens, | ||
pencils, folders, and notebooks; or | ||
(2) food, other than breakfast or lunch as authorized | ||
under Subsection (a)(10). | ||
(c) Any money remaining in a program participant's account | ||
on the child's graduation from high school may be used by the child | ||
for tuition, fees, textbooks, and other instructional materials to | ||
attend or take courses from an institution of higher education or a | ||
private or independent institution of higher education. | ||
(d) An education service provider or vendor of educational | ||
products must provide a program participant with a receipt for each | ||
expense allowed under Subsection (a) charged by the provider or | ||
vendor to the participant. | ||
(e) The content, subject to Section 29.364(c), or religious | ||
nature of a product or service may not be considered in determining | ||
whether a payment for the product or service is an expense allowed | ||
under Subsection (a). | ||
(f) A finding that a program participant used funds | ||
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 expense that is allowed under that | ||
subsection. | ||
Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of | ||
an eligible child shall receive each year that the child | ||
participates in the program a payment from the state to the child's | ||
account in an amount in accordance with Section 48.306. | ||
(b) Money in an account may not be considered to be the | ||
property of a program participant and may be spent only in | ||
accordance with this subchapter. | ||
(c) Any funds remaining in a child's account at the end of a | ||
fiscal year are carried forward to the next fiscal year unless | ||
another provision of this subchapter mandates the closure of the | ||
account. | ||
(d) The parent of a child participating in the program may | ||
make payments for the expenses of educational programs, services, | ||
and products not covered by funds in the child's account. | ||
Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The | ||
commissioner may contract with one or more financial institutions | ||
or other entities that accept fiduciary responsibility to establish | ||
and manage an account for each child participating in the program. | ||
A program participant must be able to access the participant's | ||
account by using an online or electronic transfer payment service. | ||
(b) The commissioner shall make quarterly payments to each | ||
program participant's account in equal amounts, with the first | ||
payment for each school year made on September 1 and the remaining | ||
payments made on or before the 15th days of November, February, and | ||
May. | ||
(c) After the end of each fiscal year, the commissioner | ||
shall reconcile payments made to and from all accounts under the | ||
program. | ||
(d) On the earlier of the child's 26th birthday or the sixth | ||
anniversary of the child's graduation from high school, the child's | ||
account is closed and any remaining funds are returned to the state. | ||
(e) The commissioner may contract with an entity to | ||
administer all or any part of the program. | ||
(f) An entity responsible for managing accounts: | ||
(1) shall ensure that each expenditure from an account | ||
is for an expense allowed under Section 29.357; and | ||
(2) may require a program participant to submit any | ||
information necessary to make the determination described by | ||
Subdivision (1). | ||
Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The | ||
commissioner may randomly audit accounts as necessary to ensure | ||
compliance with applicable law and the requirements of the program. | ||
The commissioner may contract with another entity to audit accounts | ||
under this section. | ||
(b) In auditing an account, the commissioner or an entity | ||
contracted to audit accounts under this section may require that a | ||
program participant provide further information and documentation | ||
regarding any payment from the participant's account. | ||
(c) An entity contracted to audit accounts under this | ||
section shall report to the commissioner any violation of this | ||
subchapter or other relevant law found by the entity during an audit | ||
conducted under this section. | ||
Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The commissioner | ||
shall suspend the account of a program participant who fails to | ||
comply with applicable law or a requirement of the program, | ||
including a requirement under Section 29.356(a), or who | ||
substantially misuses funds received under the program. | ||
(b) On suspension of an account under Subsection (a), the | ||
commissioner shall notify the program participant in writing that | ||
the account has been suspended and that no further payments may be | ||
made from the account. The notification must specify the grounds | ||
for the suspension and state that the participant has 10 business | ||
days to respond and take any corrective action required by the | ||
commissioner. | ||
(c) On the expiration of the 10-day period under Subsection | ||
(b), the commissioner shall: | ||
(1) order permanent closure of the suspended account | ||
and declare the program participant ineligible for the program; | ||
(2) order temporary reinstatement of the account, | ||
conditioned on the performance of a specified action by the | ||
participant; or | ||
(3) order full reinstatement of the account. | ||
(d) The commissioner may recover funds distributed under | ||
the program that were used for expenses not allowed under Section | ||
29.357(a) from the program participant or the entity that received | ||
the funds if the participant's account is suspended or closed under | ||
this section. | ||
Sec. 29.362. LIMITATION ON AMOUNTS CHARGED; REFUND | ||
PROHIBITED. (a) An education service provider may not: | ||
(1) charge a child participating in the program an | ||
amount greater than the standard amount charged for that service by | ||
the provider; or | ||
(2) increase the amount charged to a child | ||
participating in the program for a service: | ||
(A) if the total amount charged to the child for | ||
that service by the provider during the preceding year was less than | ||
two-thirds of the amount deposited in the child's account for that | ||
year, to an amount that exceeds two-thirds of the amount deposited | ||
in the child's account for the current year; or | ||
(B) if the total amount charged to the child for | ||
that service by the provider during the preceding year was | ||
two-thirds or more of the amount deposited in the child's account | ||
for that year, by more than five percent of the amount charged to | ||
the child for that service by the provider during the preceding | ||
year. | ||
(b) An education service provider or a vendor of educational | ||
products receiving funds 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 | ||
funds paid or owed by the participant to the provider or vendor. | ||
Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the | ||
commissioner obtains evidence of fraudulent use of an account, the | ||
commissioner may refer the case to the attorney general for | ||
investigation. | ||
(b) With the consent of the appropriate local county or | ||
district attorney, the attorney general has concurrent | ||
jurisdiction with the consenting local prosecutor to prosecute an | ||
offense referred to the attorney general under Subsection (a). | ||
Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive | ||
funds distributed under the program, a private school must be | ||
accredited by an entity recognized by the commissioner as an | ||
accrediting entity for private schools in this state. | ||
(b) To receive funds distributed under the program, an | ||
education service provider that provides a full course load to a | ||
child participating in the program must administer to the child an | ||
instrument included on the list adopted by the commissioner under | ||
Section 29.356(d) and report the results to the agency. | ||
(c) A practitioner or provider who provides educational | ||
therapies or services must be licensed or accredited by a regional | ||
or national accrediting organization to receive funds distributed | ||
under the program. | ||
(d) A private tutor, teaching service, online educational | ||
course or program provider, or industry-based certification | ||
training provider must apply to and be approved by the agency to | ||
receive funds distributed under the program. | ||
(e) To be eligible for approval under Subsection (d), a | ||
private tutor or each employee of a teaching service who intends to | ||
provide educational services to a program participant must: | ||
(1) complete a national criminal history record | ||
information review; or | ||
(2) provide to the agency documentation indicating | ||
that the tutor or employee, as applicable, has completed a national | ||
criminal history record information review within a period | ||
established by commissioner rule. | ||
(f) The agency shall review the national criminal history | ||
record information or documentation for each private tutor or | ||
employee of a teaching service who submits an application under | ||
Subsection (d). The tutor or employee must provide the agency with | ||
any information requested by the agency to enable the agency to | ||
complete the review. | ||
(g) The agency shall maintain and post on the agency's | ||
Internet website a list of private tutors, teaching services, | ||
online educational course or program providers, and industry-based | ||
certification training providers approved to receive funds | ||
distributed under the program. | ||
(h) A private tutor, teaching service, online educational | ||
course or program provider, or industry-based certification | ||
training provider may appeal the agency's rejection of an | ||
application submitted under Subsection (d). The agency shall | ||
review the application and make a recommendation to the | ||
commissioner regarding whether to approve or reject the | ||
application. A decision of the commissioner under this section is | ||
final and may not be appealed. | ||
Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR | ||
AUTONOMY. (a) An education service provider or vendor of | ||
educational products that receives funds distributed under the | ||
program is not an agent of the state. | ||
(b) Except as provided by this subchapter, the | ||
commissioner, the agency, the State Board of Education, any other | ||
state agency, or any school district may not: | ||
(1) regulate the educational program of an education | ||
service provider or vendor of educational products that receives | ||
funds distributed under the program; or | ||
(2) exercise control or supervision over a program | ||
participant or an education service provider or vendor of | ||
educational products that receives funds distributed under the | ||
program. | ||
(c) The program does not expand the regulatory authority of | ||
the state or any school district to impose any additional | ||
regulation on an education service provider or vendor of | ||
educational products except those reasonably necessary to enforce | ||
the program as provided by this subchapter. | ||
(d) A private school may not be required to modify the | ||
school's creed, practices, admissions policies, curriculum, | ||
performance standards, or assessments to receive funds distributed | ||
under the program. | ||
(e) A private school voluntarily selected by a parent for | ||
the parent's child to attend, with or without governmental | ||
assistance, may not be required to comply with any state law or rule | ||
governing the applicable educational program that was not in effect | ||
on January 1, 2023. | ||
(f) In any proceeding challenging a rule adopted by a state | ||
agency or officer under this subchapter, the agency or officer has | ||
the burden of proof to establish that the rule: | ||
(1) is necessary to implement or enforce the program | ||
as provided by this subchapter; and | ||
(2) does not impose an undue burden on a program | ||
participant or an education service provider or vendor of | ||
educational products that receives or seeks to receive funds | ||
distributed under the program. | ||
Sec. 29.366. STUDENT RECORDS AND INFORMATION. On request | ||
by the parent of a child participating in the program, the school | ||
district or open-enrollment charter school that the child would | ||
otherwise attend 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 applicable, the private school the child attends. | ||
Sec. 29.367. ANNUAL SURVEY. The commissioner may conduct | ||
an annual parental satisfaction survey that asks each parent of a | ||
child participating in the program to express: | ||
(1) the parent's overall level of satisfaction with | ||
the program; and | ||
(2) the parent's opinion on specified topics and | ||
issues relevant to the effectiveness of the program. | ||
Sec. 29.368. DETERMINATION OF COMMISSIONER FINAL. | ||
Notwithstanding Section 7.057, a determination of the commissioner | ||
regarding eligibility or the approval of expenses under this | ||
subchapter or funding under Section 48.306 is final and may not be | ||
appealed. | ||
Sec. 29.369. RULES. The commissioner shall: | ||
(1) adopt rules as necessary to implement this | ||
subchapter, including: | ||
(A) rules regarding eligibility determination, | ||
expense reporting requirements for program participants, and | ||
approval of expenses, including appeals of agency determinations on | ||
those issues; | ||
(B) rules for measuring the quality of learning | ||
for a child participating in the program; and | ||
(C) rules for implementing this subchapter in a | ||
manner that ensures compliance with federal law regarding | ||
confidentiality of student educational information, including the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g); and | ||
(2) coordinate as necessary to: | ||
(A) calculate annually the savings to the state | ||
from the implementation of the program; and | ||
(B) prevent fraud in financial transactions | ||
under the program, including by adopting measures to permit | ||
anonymous fraud reporting by telephone hotline or online | ||
communication. | ||
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The | ||
commissioner 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 the initial | ||
implementation of the program and making payments to a program | ||
participant's account. | ||
SECTION 30. Section 30.001(b), Education Code, is amended | ||
to read as follows: | ||
(b) The commissioner, with the approval of the State Board | ||
of Education, shall develop and implement a plan for the | ||
coordination of services to children with disabilities in each | ||
region served by a regional education service center. The plan must | ||
include procedures for: | ||
(1) identifying existing public or private | ||
educational and related services for children with disabilities in | ||
each region; | ||
(2) identifying and referring children with | ||
disabilities who cannot be appropriately served by the school | ||
district in which they reside to other appropriate programs; | ||
(3) assisting school districts to individually or | ||
cooperatively develop programs to identify and provide appropriate | ||
services for children with disabilities; | ||
(4) expanding and coordinating services provided by | ||
regional education service centers for children with disabilities; | ||
and | ||
(5) providing for special supports, including special | ||
seats, books, instructional media, and other supplemental supplies | ||
and services required for proper instruction. | ||
SECTION 31. Section 30.002(g), Education Code, is amended | ||
to read as follows: | ||
(g) To facilitate implementation of this section, the | ||
commissioner shall develop a system to distribute from the | ||
foundation school fund to school districts or regional education | ||
service centers a special supplemental allowance for each student | ||
with a visual impairment and for each student with a serious visual | ||
disability and another medically diagnosed disability of a | ||
significantly limiting nature who is receiving special education | ||
services through any approved program. The supplemental allowance | ||
may be spent only for special education services uniquely required | ||
by the nature of the student's disabilities and may not be used in | ||
lieu of educational funds otherwise available under this code or | ||
through state or local appropriations. | ||
SECTION 32. Section 30.005, Education Code, is amended to | ||
read as follows: | ||
Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY | ||
IMPAIRED MEMORANDUM OF UNDERSTANDING. The agency [ |
||
shall develop[ |
||
memorandum of understanding to establish: | ||
(1) the method for developing and reevaluating a set | ||
of indicators of the quality of learning at the Texas School for the | ||
Blind and Visually Impaired; | ||
(2) the process for the agency to conduct and report on | ||
an annual evaluation of the school's performance on the indicators; | ||
(3) the requirements for the school's board to | ||
publish, discuss, and disseminate an annual report describing the | ||
educational performance of the school; | ||
(4) the process for the agency to: | ||
(A) assign an accreditation status to the school; | ||
(B) reevaluate the status on an annual basis; and | ||
(C) if necessary, conduct monitoring reviews; | ||
and | ||
(5) the type of information the school shall be | ||
required to provide through the Public Education Information | ||
Management System (PEIMS). | ||
SECTION 33. Section 37.146(a), Education Code, is amended | ||
to read as follows: | ||
(a) A complaint alleging the commission of a school offense | ||
must, in addition to the requirements imposed by Article 45.019, | ||
Code of Criminal Procedure: | ||
(1) be sworn to by a person who has personal knowledge | ||
of the underlying facts giving rise to probable cause to believe | ||
that an offense has been committed; and | ||
(2) be accompanied by a statement from a school | ||
employee stating: | ||
(A) whether the child is eligible for or receives | ||
special education services under Subchapter A, Chapter 29; and | ||
(B) the graduated sanctions, if required under | ||
Section 37.144, that were imposed on the child before the complaint | ||
was filed. | ||
SECTION 34. Effective September 1, 2024, Section 48.005, | ||
Education Code, is amended by adding subsection (o) to read as | ||
follows: | ||
(o) The commissioner shall define enrollment for funding | ||
purposes under this title. For purposes of calculating eligibility | ||
and funding amounts of allotments under this chapter and Chapter | ||
46, a reference to a student means a student in enrollment at the | ||
school district unless otherwise indicated. | ||
SECTION 35. Effective September 1, 2024, Section 48.051(a), | ||
Education Code, is amended to read as follows: | ||
(a) For each student in average daily attendance, not | ||
including the time students spend each day in career and technology | ||
education programs or in special education programs receiving | ||
special education services in a setting [ |
||
allotment is made under Subchapter C, a district is entitled to an | ||
allotment equal to the lesser of $6,160 or the amount that results | ||
from the following formula: | ||
A = $6,160 X TR/MCR | ||
where: | ||
"A" is the allotment to which a district is entitled; | ||
"TR" is the district's tier one maintenance and operations | ||
tax rate, as provided by Section 45.0032; and | ||
"MCR" is the district's maximum compressed tax rate, as | ||
determined under Section 48.2551. | ||
SECTION 36. Effective September 1, 2024, Section 48.102, | ||
Education Code, is amended to read as follows: | ||
Sec. 48.102. SPECIAL EDUCATION. (a) For each student in a | ||
special education program under Subchapter A, Chapter 29, [ |
||
entitled to an annual allotment equal to the basic allotment, or, if | ||
applicable, the sum of the basic allotment and the allotment under | ||
Section 48.101 to which the district is entitled, multiplied by a | ||
weight in an amount set by the legislature in the General | ||
Appropriations Act for the highest tier of intensity of service for | ||
which the student qualifies [ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
[ |
||
(a-1) Notwithstanding Subsection (a), for the 2024-2025 and | ||
2025-2026 school years, the amount of an allotment under this | ||
section shall be determined in accordance with Section 48.1023. | ||
This subsection expires September 1, 2026. | ||
(b) The commissioner by rule shall define seven tiers of | ||
intensity of service for use in determining funding under this | ||
section. The commissioner must include one tier specifically | ||
addressing students receiving special education services in | ||
residential placement [ |
||
(c) [ |
||
[ |
||
|
||
[ |
||
[ |
||
governing contracts for residential and day program placement of | ||
[ |
||
(d) [ |
||
[ |
||
section must be used in the special education program under | ||
Subchapter A, Chapter 29. | ||
(e) [ |
||
of students in special education programs, including students in | ||
residential placement [ |
||
restrictive environment appropriate for their educational needs. | ||
(f) [ |
||
program required by federal law for special education students who | ||
may regress is entitled to receive funds in an amount equal to 75 | ||
percent, or a lesser percentage determined by the commissioner, of | ||
the basic allotment, or, if applicable, the sum of the basic | ||
allotment and the allotment under Section 48.101 to which the | ||
district is entitled for each [ |
||
average daily attendance, multiplied by the amount designated for | ||
the highest tier of intensity of service for which the student | ||
qualifies [ |
||
section, for each day the program is provided divided by the number | ||
of days in the minimum school year. The total amount of state | ||
funding for extended year services under this section may not | ||
exceed $10 million per year. A school district may use funds | ||
received under this section only in providing an extended year | ||
program. | ||
(g) [ |
||
special education under this section, the commissioner shall | ||
withhold an amount specified in the General Appropriations Act, and | ||
distribute that amount to school districts for programs under | ||
Section 29.014. The program established under that section is | ||
required only in school districts in which the program is financed | ||
by funds distributed under this subsection and any other funds | ||
available for the program. After deducting the amount withheld | ||
under this subsection from the total amount appropriated for | ||
special education, the commissioner shall reduce each district's | ||
allotment proportionately and shall allocate funds to each district | ||
accordingly. | ||
(h) Not later than December 1 of each even-numbered year, | ||
the commissioner shall submit to the Legislative Budget Board, for | ||
purposes of the allotment under this section, proposed weights for | ||
the tiers of intensity of service for the next state fiscal | ||
biennium. | ||
SECTION 37. Effective September 1, 2024, Subchapter C, | ||
Chapter 48, Education Code, is amended by adding Section 48.1021 to | ||
read as follows: | ||
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT. | ||
(a) For each six-week period in which a student in a special | ||
education program under Subchapter A, Chapter 29, receives eligible | ||
special education services, a school district is entitled to an | ||
allotment in an amount set by the legislature in the General | ||
Appropriations Act for the service group for which the student is | ||
eligible. | ||
(a-1) Notwithstanding Subsection (a), for the 2024-2025 and | ||
2025-2026 school years, the amount of an allotment under this | ||
section shall be determined in accordance with Section 48.1023. | ||
This subsection expires September 1, 2026. | ||
(b) The commissioner by rule shall establish four service | ||
groups for use in determining funding under this section. In | ||
establishing the groups, the commissioner must consider the level | ||
of services, equipment, and technology required to meet the needs | ||
of students receiving special education services. | ||
(c) A school district is entitled to receive an allotment | ||
under this section for each service group for which a student is | ||
eligible. | ||
(d) A school district is entitled to the full amount of an | ||
allotment under this section for a student receiving eligible | ||
special education services during any part of a six-week period. | ||
(e) At least 55 percent of the funds allocated under this | ||
section must be used for a special education program under | ||
Subchapter A, Chapter 29. | ||
(f) Not later than December 1 of each even-numbered year, | ||
the commissioner shall submit to the Legislative Budget Board, for | ||
purposes of the allotment under this section, proposed amounts of | ||
funding for the service groups for the next state fiscal biennium. | ||
SECTION 38. Subchapter C, Chapter 48, Education Code, is | ||
amended by adding Sections 48.1022 and 48.1023 to read as follows: | ||
Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL | ||
EVALUATION. For each student for whom a school district conducts a | ||
full individual and initial evaluation under Section 29.004 or 20 | ||
U.S.C. Section 1414(a)(1), the district is entitled to an allotment | ||
of $500 or a greater amount provided by appropriation. | ||
Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a) | ||
For the 2024-2025 and 2025-2026 school years, the commissioner may | ||
adjust weights or amounts provided under Section 48.102 or 48.1021 | ||
as necessary to ensure compliance with requirements regarding | ||
maintenance of state financial support under 20 U.S.C. Section | ||
1412(a)(18) and maintenance of local financial support under | ||
applicable federal law. | ||
(b) For the 2024-2025 and 2025-2026 school years, the | ||
commissioner shall determine the formulas through which school | ||
districts receive funding under Sections 48.102 and 48.1021. In | ||
determining the formulas, the commissioner may combine the methods | ||
of funding under those sections with the method of funding provided | ||
by Section 48.102, as it existed on January 1, 2023. | ||
(c) For the 2026-2027 school year, the commissioner may | ||
adjust the weights or amounts set by the legislature in the General | ||
Appropriations Act for purposes of Section 48.102 or 48.1021. | ||
Before making an adjustment under this subsection, the commissioner | ||
shall notify and must receive approval from the Legislative Budget | ||
Board. | ||
(d) Notwithstanding any other provision of this section, | ||
the sum of funding provided under Sections 48.102 and 48.1021 for | ||
the 2024-2025 or for the 2025-2026 school year as adjusted under | ||
this section may not exceed the sum of: | ||
(1) funding that would have been provided under | ||
Section 48.102, as it existed on January 1, 2023; and | ||
(2) the amount set by the legislature in the General | ||
Appropriations Act. | ||
(e) Each school district and open-enrollment charter school | ||
shall report to the agency information necessary to implement this | ||
section. | ||
(f) The agency shall provide technical assistance to school | ||
districts and open-enrollment charter schools to ensure a | ||
successful transition in funding formulas for special education. | ||
(g) This section expires September 1, 2028. | ||
SECTION 39. Section 48.103(c), Education Code, is amended | ||
to read as follows: | ||
(c) A school district may receive funding for a student | ||
under each provision of this section, [ |
||
Section 48.1021 for which [ |
||
SECTION 40. Section 48.110(d), Education Code, is amended | ||
to read as follows: | ||
(d) For each annual graduate in a cohort described by | ||
Subsection (b) who demonstrates college, career, or military | ||
readiness as described by Subsection (f) in excess of the minimum | ||
number of students determined for the applicable district cohort | ||
under Subsection (c), a school district is entitled to an annual | ||
outcomes bonus of: | ||
(1) if the annual graduate is educationally | ||
disadvantaged, $5,000; | ||
(2) if the annual graduate is not educationally | ||
disadvantaged, $3,000; and | ||
(3) if the annual graduate is enrolled in a special | ||
education program under Subchapter A, Chapter 29, $4,000 [ |
||
regardless of whether the annual graduate is educationally | ||
disadvantaged. | ||
SECTION 41. Section 48.151(g), Education Code, is amended | ||
to read as follows: | ||
(g) A school district or county that provides special | ||
transportation services for eligible students who receive special | ||
education services is entitled to a state allocation at a [ |
||
a greater amount provided [ |
||
[ |
||
to pay transportation costs, if necessary. The commissioner may | ||
grant an amount set by appropriation for private transportation to | ||
reimburse parents or their agents for transporting eligible | ||
students who receive special education services. The mileage | ||
allowed shall be computed along the shortest public road from the | ||
student's home to school and back, morning and afternoon. The need | ||
for this type of transportation shall be determined on an | ||
individual basis and shall be approved only in extreme hardship | ||
cases. | ||
SECTION 42. Subchapter D, Chapter 48, Education Code, is | ||
amended by adding Section 48.159 to read as follows: | ||
Sec. 48.159. SPECIAL EDUCATION CERTIFICATION ALLOTMENT. | ||
(a) For each classroom teacher or educational diagnostician | ||
employed by a school district who, during the preceding year, | ||
became certified under Subchapter B, Chapter 21, to teach special | ||
education or as an educational diagnostician, as applicable, the | ||
district is entitled to an allotment in the amount of the teacher's | ||
or diagnostician's certification fee. | ||
(b) A school district shall use an allotment received under | ||
this section to provide a stipend in the amount of the allotment to | ||
the classroom teacher or educational diagnostician for whom the | ||
district received the allotment. A stipend received by a classroom | ||
teacher under this subsection is not considered in determining | ||
whether the district is paying the teacher the minimum monthly | ||
salary under Section 21.402. | ||
SECTION 43. Section 48.265(a), Education Code, is amended | ||
to read as follows: | ||
(a) If [ |
||
commissioner determines that the amount appropriated for the | ||
purposes of the Foundation School Program exceeds the amount to | ||
which school districts are entitled under this chapter, the | ||
commissioner may provide [ |
||
money for the purchase of video equipment, or for the reimbursement | ||
of costs for previously purchased video equipment, used for | ||
monitoring special education classrooms or other special education | ||
settings required under Section 29.022. | ||
SECTION 44. Section 48.279(e), Education Code, is amended | ||
to read as follows: | ||
(e) After the commissioner has replaced any withheld | ||
federal funds as provided by Subsection (d), the commissioner shall | ||
distribute the remaining amount, if any, of funds described by | ||
Subsection (a) to proportionately increase funding for the special | ||
education allotment under Section 48.102 and the special education | ||
service group allotment under Section 48.1021. | ||
SECTION 45. Subchapter G, Chapter 48, Education Code, is | ||
amended by adding Sections 48.304, 48.305, and 48.306 to read as | ||
follows: | ||
Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each | ||
qualifying day placement program that a regional education service | ||
center makes available in partnership with a school district, | ||
open-enrollment charter school, or shared services arrangement, | ||
the center is entitled to an allotment of: | ||
(1) $250,000 for the first year of the program's | ||
operation; and | ||
(2) $150,000 for each year of the program's operation | ||
after the first year. | ||
(b) A day placement program qualifies for purposes of | ||
Subsection (a) if: | ||
(1) the program complies with commissioner rules | ||
adopted under Section 48.102(c); | ||
(2) the program offers services to students who are | ||
enrolled at any school district or open-enrollment charter school | ||
in the county in which the program is offered, unless the | ||
commissioner by rule waives or modifies the requirement under this | ||
subdivision for the program to serve all students in a county; and | ||
(3) the agency has designated the program for service | ||
in the county in which the program is offered and determined that, | ||
at the time of designation, the program increases the availability | ||
of day placement services in the county. | ||
Sec. 48.305. PARENT-DIRECTED SERVICES FOR STUDENTS | ||
RECEIVING SPECIAL EDUCATION SERVICES STUDENTS GRANT. (a) A | ||
student to whom the agency awards a grant under Subchapter A-1, | ||
Chapter 29, is entitled to receive an amount equal to $1,500 or a | ||
greater amount by appropriation. | ||
(b) The agency shall use money appropriated to the agency | ||
for purposes of this section to award grants under Subchapter A-1, | ||
Chapter 29. | ||
(c) A student may receive one grant under Subchapter A-1, | ||
Chapter 29. A student may receive an additional grant if the | ||
legislature appropriates money for the additional grant in the | ||
General Appropriations Act. | ||
Sec. 48.306. EDUCATION SAVINGS ACCOUNT FUNDING. (a) A | ||
person enrolled in the education savings account program | ||
established under Subchapter J, Chapter 29, is entitled to a | ||
deposit to the person's education savings account in an amount | ||
equal to the sum of $7,250 and: | ||
(1) $1,500, if the child is educationally | ||
disadvantaged; | ||
(2) $1,400, if the child has not previously | ||
participated in a school district's special education program under | ||
Section 29.003; and | ||
(3) if the child has previously participated in a | ||
school district's special education program under Section 29.003, | ||
the amount of funding for special education services the district | ||
was entitled to receive for the child under Subchapters B and C, | ||
Chapter 48, for the most recent school year in which the child | ||
participated in the district's special education program. | ||
(b) A greater amount may be provided by appropriation or by | ||
the agency from money available for the purpose. | ||
. | ||
(c) The agency shall use money appropriated to the agency | ||
for purposes of this section to make deposits to education savings | ||
accounts under Subchapter J, Chapter 29. | ||
(d) A payment under Subsection (a) may not be financed using | ||
federal funds or money appropriated from the permanent school fund | ||
or the available school fund. | ||
SECTION 46. Section 411.0901, Government Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) The Texas Education Agency is entitled to obtain | ||
criminal history record information maintained by the department | ||
about a person who is a private tutor or an employee of a teaching | ||
service 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 | ||
funds distributed under that program. | ||
SECTION 47. Section 825.4092(f), Government Code, as added | ||
by Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular | ||
Session, 2021, is amended to read as follows: | ||
(f) A reporting employer is ultimately responsible for | ||
payment of the amounts required to be contributed under Subsections | ||
(b) and (c). The employer may not directly or indirectly pass that | ||
cost on to the retiree through payroll deduction, by imposition of a | ||
fee, or by any other means designed to recover the cost. This | ||
subsection does not apply to contributions required for a retiree | ||
employed by a school district or open-enrollment charter school to | ||
teach special education. | ||
SECTION 48. The following provisions of the Education Code | ||
are repealed: | ||
(1) Section 29.002; | ||
(2) Sections 29.026(n) and (o); | ||
(3) Section 29.027(i); and | ||
(4) Section 29.050. | ||
SECTION 49. Subchapter E, Chapter 22, Education Code, as | ||
added by this Act, Chapter 29, Education Code, as amended by this | ||
Act, and Section 825.4092(f), Government Code, as amended by this | ||
Act, apply beginning with the 2023-2024 school year. | ||
SECTION 50. (a) Except as provided by Subsection (b) of | ||
this section and as otherwise provided by this Act, 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. | ||
(b) The amendments by this Act to Chapter 48, Education | ||
Code, except as otherwise provided by this Act, take effect | ||
September 1, 2023. |