Bill Text: TX HB52 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the establishment of an individualized education plan account program for certain children with disabilities.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Introduced - Dead) 2017-07-20 - Referred to Public Education [HB52 Detail]
Download: Texas-2017-HB52-Introduced.html
| 85S10296 KJE-F | ||
| By: Simmons | H.B. No. 52 | |
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| relating to the establishment of an individualized education plan | ||
| account program for certain children 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. INDIVIDUALIZED EDUCATION PLAN ACCOUNT PROGRAM | ||
| Sec. 29.351. DEFINITIONS. In this subchapter: | ||
| (1) "Account" means an individualized education plan | ||
| 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) protected 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) "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. | ||
| (6) "Postsecondary educational institution" means: | ||
| (A) an institution of higher education or a | ||
| private or independent institution of higher education as defined | ||
| by Section 61.003; or | ||
| (B) a career school or college as defined by | ||
| Section 132.001. | ||
| (7) "Program" means the individualized education plan | ||
| 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 individualized | ||
| education plan 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 options. | ||
| Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The | ||
| comptroller shall establish and administer an individualized | ||
| education plan account program to provide funding for certain | ||
| education-related expenses of eligible children. | ||
| (b) The comptroller, with cooperation from the agency, | ||
| shall ensure that information about the program is readily | ||
| available to the public through various sources, including the | ||
| comptroller's Internet website. | ||
| Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to | ||
| participate in the program if the child is: | ||
| (1) eligible to attend a public school under Section | ||
| 25.001; and | ||
| (2) a child with a disability. | ||
| (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 no longer meets the | ||
| eligibility requirements under Subsection (a); | ||
| (2) the date that is three months after the date on | ||
| which the child: | ||
| (A) graduates from high school; or | ||
| (B) receives a high school equivalency | ||
| certificate under Section 7.111; | ||
| (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 comptroller under this subchapter. | ||
| (c) Notwithstanding Subsection (b), the comptroller shall | ||
| establish guidelines 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 comptroller, in consultation with the agency, shall | ||
| by rule create an enrollment form for the program and make the | ||
| enrollment form readily available to interested parents through | ||
| various sources, including the comptroller's Internet website. The | ||
| enrollment form must include spaces to provide the following | ||
| information: | ||
| (1) the name of the school district the child would | ||
| otherwise have attended; | ||
| (2) the name of the last public school in which the | ||
| child was enrolled, if any; and | ||
| (3) any other information necessary to determine | ||
| whether the child is eligible to participate in the program or the | ||
| amount of the payment the child, if eligible, would be entitled to | ||
| receive under the program. | ||
| (c) The comptroller shall provide to each parent who submits | ||
| an enrollment form 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 comptroller under this | ||
| subchapter. | ||
| (d) For each submitted enrollment form, the agency shall | ||
| determine whether the child is eligible to participate in the | ||
| program and report that determination to the comptroller. | ||
| 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 comptroller 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; and | ||
| (3) inform the comptroller if the child graduates from | ||
| high school or receives a high school equivalency certificate under | ||
| Section 7.111. | ||
| (b) The parent of a child participating in the program is | ||
| the trustee of the child's account. | ||
| (c) The comptroller shall provide annually to each program | ||
| participant the publication provided under Section 29.355(c). | ||
| 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 | ||
| organization that is recognized by the Texas Private School | ||
| Accreditation Commission; | ||
| (B) at a postsecondary educational institution | ||
| for a course described by Section 28.009 for which the child may | ||
| receive high school credit based on an agreement between the | ||
| institution and the school in which the child is enrolled; or | ||
| (C) for an online educational course or program | ||
| offered through the state virtual school network under Chapter 30A | ||
| or otherwise approved by the agency for public school students; | ||
| (2) the purchase of textbooks or other instructional | ||
| materials; | ||
| (3) payments for the purchase of a curriculum; | ||
| (4) fees for classes or other educational services | ||
| provided by a public school, if the classes or services do not | ||
| qualify the child to be included in the school's average daily | ||
| attendance; | ||
| (5) fees for services provided by a private tutor or | ||
| teaching service; | ||
| (6) fees for educational therapies or services | ||
| provided by a practitioner or provider, other than fees covered by | ||
| any federal, state, or local government benefit program, including | ||
| Medicaid or the children's health insurance program, or any | ||
| applicable private insurance; | ||
| (7) costs of computer hardware and software and other | ||
| technological devices that clearly may be used for educational | ||
| purposes, not to exceed in any year 10 percent of the total amount | ||
| paid to the program participant's account that year; | ||
| (8) fees for a nationally norm-referenced achievement | ||
| test or examination, an assessment instrument adopted by the agency | ||
| under Section 39.023, an advanced placement test or similar | ||
| examination, or any examination related to college or university | ||
| admission; and | ||
| (9) contributions to a qualified tuition program | ||
| established for the child that meets the requirements of Section | ||
| 529 or 530, Internal Revenue Code of 1986, not to exceed in any year | ||
| 25 percent of the total amount paid to the program participant's | ||
| account that year. | ||
| (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. | ||
| (d) The content 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). | ||
| (e) 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 Foundation School | ||
| Program to the child's account in an amount that is equal to 90 | ||
| percent of the state and local maintenance and operations revenue | ||
| to which the school district the child would otherwise attend would | ||
| be entitled for the child if the child enrolled in the district, | ||
| excluding any revenue under Subchapter C, Chapter 42, other than | ||
| revenue to which the district would be entitled as a result of the | ||
| special allotments under Sections 42.151, 42.152, and 42.160. The | ||
| comptroller shall base the calculation on a 100 percent attendance | ||
| rate. | ||
| (b) For purposes of Subsection (a), in calculating the | ||
| amount of any special allotments to which the school district would | ||
| be entitled for the child under Section 42.151 or 42.152, the | ||
| comptroller shall use the following weights or amounts that result | ||
| in the greatest amount of revenue: | ||
| (1) the weights for which the child qualifies under | ||
| the applicable section, including, if applicable, a weight for the | ||
| child's instructional arrangement if the child's instructional | ||
| arrangement can be determined; or | ||
| (2) the average amount per student received by the | ||
| district for the preceding school year for each special allotment | ||
| for which the child qualifies, regardless of the applicable | ||
| instructional arrangement, if any. | ||
| (c) In administering the program, the comptroller may use | ||
| funds from any public or private source that are available for that | ||
| purpose. | ||
| (d) 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. | ||
| (e) 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. | ||
| (f) A payment under the program may not be financed using | ||
| federal funds or money appropriated from the available school fund. | ||
| Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The | ||
| comptroller may contract with one or more financial institutions 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 comptroller shall make quarterly payments to each | ||
| program participant's account in equal amounts on or before the | ||
| 15th days of August, November, February, and May. | ||
| (c) The comptroller may deduct an amount from each quarterly | ||
| payment to a program participant's account to cover the | ||
| comptroller's cost of administering the program. The amount | ||
| deducted may not exceed three percent of the payment. | ||
| (d) Within the first month following the end of each fiscal | ||
| year, the comptroller shall reconcile payments made to and from all | ||
| accounts under the program. | ||
| (e) The comptroller shall coordinate as necessary to | ||
| calculate annually the savings to the state from the implementation | ||
| of the program. | ||
| (f) On the date on which a child ceases to participate in the | ||
| program for any reason, the child's account is closed and any | ||
| remaining funds are returned to the state for deposit in the | ||
| foundation school fund. This subsection does not affect a child's | ||
| eligibility to resume participation in the program. | ||
| (g) The comptroller may contract with a private entity to | ||
| administer all or any part of the program. | ||
| Sec. 29.360. RANDOM AUDITING. (a) The comptroller shall | ||
| randomly audit or contract with a private entity to randomly audit: | ||
| (1) accounts as necessary to ensure compliance with | ||
| applicable law and the requirements of the program; and | ||
| (2) education service providers and vendors of | ||
| educational products that accept funds distributed under the | ||
| program as necessary to ensure compliance with this subchapter. | ||
| (b) In auditing an account, provider, or vendor, the | ||
| comptroller or private entity may require that a program | ||
| participant, provider, or vendor provide further information and | ||
| documentation regarding any payment from the participant's | ||
| account. | ||
| (c) The private entity shall report to the comptroller 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 comptroller | ||
| 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 | ||
| comptroller shall notify the 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 comptroller. | ||
| (c) On the expiration of the 10-day period under Subsection | ||
| (b), the comptroller shall: | ||
| (1) order permanent closure of the suspended account | ||
| and declare the 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) If a program participant's account is suspended or | ||
| closed under this section, the comptroller may recover funds that | ||
| were used for expenses not allowed under Section 29.357(a) from the | ||
| participant or the entity that received the funds. | ||
| Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An | ||
| education service provider may not charge a child participating in | ||
| the program an amount greater than the standard amount charged for | ||
| that service by the provider. | ||
| (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 | ||
| comptroller obtains evidence of fraudulent use of an account, the | ||
| comptroller 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) A private | ||
| school must be accredited by an organization that is recognized by | ||
| the Texas Private School Accreditation Commission to receive funds | ||
| distributed under the program. | ||
| (b) A private tutor or teaching service and 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. | ||
| 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 or federal government. | ||
| (b) Except as provided by this subchapter, the comptroller, | ||
| 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 or a parent who homeschools the | ||
| parent's child, 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, | ||
| 2017. | ||
| (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. 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. REPORTING NUMBER OF PARTICIPANTS. (a) Not | ||
| later than October 1 of each year, the commissioner shall notify the | ||
| comptroller and the Legislative Budget Board of the number of | ||
| eligible children likely to participate in the program, | ||
| disaggregated by the school district or open-enrollment charter | ||
| school the eligible children would otherwise attend. | ||
| (b) Not later than March 1 of each year, the commissioner | ||
| shall provide final information to the comptroller and the | ||
| Legislative Budget Board regarding the number of children | ||
| participating in the program, disaggregated in the same manner as | ||
| the initial information under Subsection (a). | ||
| Sec. 29.368. ANNUAL SURVEY. The comptroller 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. 29.369. DISTRICTS WITH HIGH PARTICIPATION RATE. | ||
| Notwithstanding any other law, a school district in which at least | ||
| one percent of resident children eligible to attend public school | ||
| under Section 25.001 are participating in the program shall receive | ||
| the following benefits: | ||
| (1) the district may elect to administer assessment | ||
| instruments only as necessary to comply with the Every Student | ||
| Succeeds Act (20 U.S.C. Section 6301 et seq.) and may be evaluated | ||
| for accountability purposes related to assessment only based on the | ||
| results of those assessment instruments; | ||
| (2) the district may create a local innovation plan | ||
| and be designated as a district of innovation under Chapter 12A | ||
| without complying with the requirements under Section 12A.001 or | ||
| 12A.002; | ||
| (3) teachers employed by the district are entitled to | ||
| receive a stipend for attending a mathematics achievement academy | ||
| under Section 21.4553 or a reading-to-learn academy under Section | ||
| 21.4554 in an amount equal to twice the amount established by the | ||
| commissioner for the applicable stipend; | ||
| (4) the agency shall award the district an additional | ||
| five percentage points toward the district's overall performance | ||
| rating under Section 39.054; | ||
| (5) the district is entitled to reimbursement from the | ||
| state for the cost of locating, identifying, and evaluating | ||
| children with disabilities who are enrolled in private schools in | ||
| the district in compliance with 20 U.S.C. Section 1412; and | ||
| (6) in addition to any funding the district receives | ||
| under Chapter 42, for each resident child participating in the | ||
| program, the district is entitled to receive for the first year in | ||
| which the child participates in the program an amount equal to the | ||
| difference between: | ||
| (A) the state and local maintenance and | ||
| operations revenue to which the district would be entitled for the | ||
| child if the child enrolled in the district, excluding any revenue | ||
| under Subchapter C, Chapter 42, other than revenue to which the | ||
| district would be entitled as a result of the special allotments | ||
| under Sections 42.151, 42.152, and 42.160, calculated in accordance | ||
| with Sections 29.358(a) and (b); and | ||
| (B) the amount the child's parent receives under | ||
| Section 29.358(a) for the year. | ||
| Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller | ||
| may solicit and accept gifts, grants, and donations from any public | ||
| or private source for any expenses related to the initial | ||
| implementation or administration of the program. | ||
| Sec. 29.371. RULES. The comptroller shall adopt rules as | ||
| necessary to implement this subchapter, including: | ||
| (1) rules regarding expense reporting requirements | ||
| for program participants; and | ||
| (2) 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. Section 42.253, Education Code, is amended by | ||
| adding Subsection (b-1) to read as follows: | ||
| (b-1) Notwithstanding Subsection (b), the commissioner | ||
| shall adjust enrollment estimates and entitlement for each school | ||
| district for each school year based on information collected in | ||
| accordance with Section 29.367. This subsection expires September | ||
| 1, 2020. | ||
| SECTION 3. This Act applies beginning with the 2017-2018 | ||
| school year. | ||
| SECTION 4. Not later than 45 days after the effective date | ||
| of this Act, the comptroller of public accounts shall adopt rules | ||
| necessary to implement the individualized education plan account | ||
| program under Subchapter J, Chapter 29, Education Code, as added by | ||
| this Act. | ||
| SECTION 5. Notwithstanding Section 29.367(a), Education | ||
| Code, as added by this Act, the commissioner of education shall | ||
| provide the information described by that subsection as soon as | ||
| practicable after the effective date of this Act. | ||
| SECTION 6. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
