Bill Text: TX HB4193 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the establishment of a credit account program for students with disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-27 - Left pending in committee [HB4193 Detail]
Download: Texas-2017-HB4193-Introduced.html
By: Simmons | H.B. No. 4193 |
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relating to the establishment of a credit account program for | ||
students with disabilities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 29, Education Code, is amended by adding | ||
Subchapter J to read as follows: | ||
SUBCHAPTER J. CREDIT ACCOUNT PROGRAM FOR STUDENTS WITH | ||
DISABILITIES | ||
Sec. 29.351. DEFINITIONS. In this subchapter: | ||
(1) "Account" means a credit account established under | ||
the program. | ||
(2) "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. | ||
(3) "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. | ||
(4) "Program" means the credit account program | ||
established under this subchapter. | ||
(5) "Program participant" means a student and a parent | ||
of a student who has been accepted into the program. | ||
Sec. 29.352. ESTABLISHMENT OF PROGRAM. (a) The | ||
commissioner shall establish and administer a credit account | ||
program to provide funding for eligible students to obtain | ||
educational support services and other resources that: | ||
(1) supplement the student's public education; and | ||
(2) exceed the level of services that the student's | ||
admission, review, and dismissal committee or the student's team | ||
established under Section 504, Rehabilitation Act of 1973 (29 | ||
U.S.C. Section 794), as applicable, has determined to be necessary | ||
for the student to receive a free appropriate public education. | ||
(b) The agency shall make information about the program | ||
readily available to the public through various sources, including | ||
the agency's Internet website. | ||
Sec. 29.353. ELIGIBLE STUDENT. A student is eligible to | ||
participate in the program if the student is enrolled in a school | ||
district and: | ||
(1) an individualized education program has been | ||
developed for the student under Section 29.005; or | ||
(2) the student is covered by Section 504, | ||
Rehabilitation Act of 1973 (29 U.S.C. Section 794). | ||
Sec. 29.354. APPLICATION PROCESS. (a) On or before the | ||
date established by commissioner rule, each school district or | ||
open-enrollment charter school annually shall submit to the | ||
commissioner a list of each student enrolled in the district or | ||
school who may be eligible to participate in the program and any | ||
information necessary to determine the student's eligibility. | ||
(b) As soon as practicable after receipt of the information | ||
submitted under Subsection (a), the agency shall provide to the | ||
parent of each student who is eligible to participate in the | ||
program, or the student if parental rights have transferred to the | ||
student under Section 29.017: | ||
(1) notice of the student's eligibility; and | ||
(2) a publication that describes the operation of the | ||
program, including: | ||
(A) expenses allowed under the program under | ||
Section 29.356; | ||
(B) expense reporting requirements under Section | ||
29.359; and | ||
(C) a description of the responsibilities of | ||
program participants and the duties of the agency under this | ||
subchapter. | ||
(c) On or before the date established by commissioner rule, | ||
a parent of an eligible student may apply on behalf of the student, | ||
or the eligible student may apply if parental rights have | ||
transferred to the student under Section 29.017, for participation | ||
in the program for the school year in which the application is made. | ||
Sec. 29.355. AGREEMENT REQUIRED. To receive funding under | ||
the program, a parent of an eligible student, or the eligible | ||
student if parental rights have transferred to the student under | ||
Section 29.017, must agree in writing to spend funds received | ||
through the program only for expenses allowed under Section 29.356. | ||
Sec. 29.356. QUALIFIED EXPENSES. (a) Funds received under | ||
the program may be used only for the following expenses incurred by | ||
a program participant: | ||
(1) tuition and fees for an educational course, | ||
including a service, course, or educational program offered by an | ||
institution defined by Education Code Sec. 2000.001(2), or an | ||
online course; | ||
(2) the purchase of instructional materials, as | ||
defined by Section 31.002; | ||
(3) costs of transportation for the student to receive | ||
educational support services; | ||
(4) fees for services provided by a private tutor or | ||
teaching service; | ||
(5) fees for educational therapies or support services | ||
provided by a practitioner or provider; | ||
(6) costs of computer hardware and software and other | ||
assistive technological devices intended to facilitate the | ||
student's learning; | ||
(7) fees for a nationally norm-referenced achievement | ||
test or examination, an advanced placement test or similar | ||
examination, or any examination related to college or university | ||
admission; and | ||
(8) any other expenses not described by Subsection (b) | ||
that are approved by the commissioner. | ||
(b) Expenses allowed under Subsection (a) do not include | ||
expenses for: | ||
(1) consumable supplies, including paper, pens, | ||
pencils, folders, and notebooks; | ||
(2) food; or | ||
(3) before-school or after-school child care and child | ||
care during school holidays and vacations. | ||
(c) 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. | ||
Sec. 29.357. AMOUNT OF PAYMENT. (a) A parent of an | ||
eligible student, or the eligible student if parental rights have | ||
transferred to the student under Section 29.017, is entitled to | ||
receive each year that the student participates in the program a | ||
payment from the state to the student's account in an amount equal | ||
to the quotient of the total amount of funds available to the | ||
program for that year divided by the total number of students | ||
participating in the program that year. | ||
(a-1) In making expenditures for this purpose, the | ||
Commissioner may also draw from the funding available for special | ||
education grants as provided at Education Code Section 29.018. | ||
(a-2) Should a new funding source or sources be made | ||
available for this purpose by the Legislature, the agency, the | ||
federal government, or any other public or private source, then the | ||
Commissioner may also make use of such funding to fund the payments | ||
under subsection (a). | ||
(b) Any funds remaining in a student'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. | ||
(c) A program participant may make payments with personal | ||
money for the expenses of educational programs, services, and | ||
products not covered by funds in the student's account or allowed | ||
under Section 29.356. | ||
Sec. 29.358. ADMINISTRATION OF ACCOUNTS. (a) The agency | ||
shall contract with a financial institution to establish and manage | ||
an account for each student participating in the program. A program | ||
participant must be able to access the participant's account by | ||
using a debit card or online payment service. | ||
(b) Not later than September 1 of each year, the | ||
commissioner shall make a payment to each program participant's | ||
account in the amount provided under Section 29.357. | ||
(c) The commissioner may deduct an amount from each payment | ||
to a program participant's account to cover the agency's cost of | ||
administering the program and any fees for the management of the | ||
account charged by a financial institution. The amount deducted | ||
may not exceed five percent of the payment. | ||
(d) On the first anniversary of the date on which a student | ||
who participated in the program is no longer eligible to | ||
participate in the program under Section 29.353, the student's | ||
account is closed and any remaining funds are returned to the state | ||
to be used only for purposes of the program. | ||
Sec. 29.359. EXPENSE REPORTING; APPROVAL BY AGENCY. (a) On | ||
or before deadlines established by commissioner rule, a program | ||
participant shall submit to the agency an expense report detailing | ||
all payments made from the participant's account during the | ||
reporting period. | ||
(b) An expense report must include: | ||
(1) receipts and invoices documenting all payments | ||
made from the account; | ||
(2) a statement of the account provided to the | ||
participant by the financial institution that manages the account; | ||
and | ||
(3) any other information required by the | ||
commissioner. | ||
(c) The agency shall approve each expense made by a program | ||
participant that is allowed under Section 29.356 and reject any | ||
expense that is not allowed under that section or for which | ||
documentation is incomplete. | ||
(d) For each rejected expense, the program participant | ||
shall repay the agency for the cost of the expense. Additional funds | ||
may not be transferred to the participant's account until the | ||
participant repays all rejected expenses. If repayment is not made | ||
on or before the date established by commissioner rule, the | ||
commissioner shall close the account. | ||
Sec. 29.360. AUDITING OF ACCOUNT. (a) The agency shall | ||
audit accounts as necessary to ensure compliance with applicable | ||
law and the requirements of the program. | ||
(b) In auditing an account, the agency may require that a | ||
program participant provide further information and documentation | ||
regarding any payment from the participant's account. | ||
Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The commissioner | ||
may suspend the account of a program participant who fails to comply | ||
with applicable law or a requirement of the program or who 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 the date by which the participant must | ||
respond and take any corrective action required by the | ||
commissioner. | ||
(c) On the expiration of the period specified 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 reinstate a program participant's | ||
account if the participant provides adequate assurances of future | ||
compliance with applicable law and all requirements of the program. | ||
In reinstating the account, the commissioner may impose additional | ||
safeguards, including revoking the participant's debit card for the | ||
account and requiring the participant to submit expenses for | ||
reimbursement only. | ||
Sec. 29.362. APPEAL. A determination by the agency to | ||
reject an expense under Section 29.359 or by the commissioner to | ||
close or reinstate an account under Section 29.361 is final and not | ||
subject to appeal except as otherwise provided by commissioner | ||
rule. | ||
Sec. 29.363. REFUND PROHIBITED. 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. 29.364. REFERRAL TO ATTORNEY GENERAL. (a) If the | ||
agency 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. 29.365. EDUCATION SERVICE PROVIDER ACCOUNTABILITY. A | ||
private tutor or teaching service and a practitioner or provider | ||
who provides educational therapies or support services must be | ||
licensed or accredited by a regional or national accrediting | ||
organization recognized by the commissioner to receive funds | ||
distributed under the program. | ||
Sec. 29.366. ANNUAL SURVEY. The agency shall conduct an | ||
annual parental satisfaction survey that asks each parent of a | ||
student participating in the program, or the student if parental | ||
rights have transferred to the student under Section 29.017, to | ||
express, as applicable: | ||
(1) the parent's or student's overall level of | ||
satisfaction with the program; and | ||
(2) the parent's or student's opinion on specified | ||
topics and issues relevant to the effectiveness of the program. | ||
Sec. 29.367. RULES. The commissioner may adopt rules as | ||
necessary to implement this subchapter, including 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). | ||
SECTION 2. Amend Education Code Section 29.018 by amending | ||
subsection (a) to read as follows: | ||
Sec. 29.018. SPECIAL EDUCATION GRANT. (a-1) From funds | ||
appropriated for the purposes of this section, federal funds, or | ||
any other funds available, the commissioner shall make grants | ||
available to school districts to assist districts in covering the | ||
cost of educating students with disabilities and for students | ||
described as eligible to participate in the credit account program | ||
by Education Code Sec. 29.353. | ||
SECTION 3. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 4. As soon as practicable after the effective date | ||
of this Act, the commissioner of education shall adopt rules | ||
necessary to implement the credit account program under Subchapter | ||
J, Chapter 29, Education Code, as added by this Act. | ||
SECTION 5. 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, 2017. |