Bill Text: TX HB62 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the establishment of a parental empowerment program administered by the comptroller of public accounts.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB62 Detail]
Download: Texas-2023-HB62-Introduced.html
88S30050 MM-F | ||
By: Cain | H.B. No. 62 |
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relating to the establishment of a parental empowerment program | ||
administered by the comptroller of public accounts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. This Act may be cited as the Texas Parental | ||
Empowerment Act of 2023. | ||
SECTION 2. The legislature finds that: | ||
(1) parents should be empowered to direct their | ||
children's education; | ||
(2) there is not one best educational option for all | ||
children in this state; | ||
(3) children belong to their parents, not to the | ||
government; | ||
(4) the best education for children in this state is | ||
one directed by their parents, with all educational options made | ||
available and accessible through a program in which money follows | ||
each child to the educational option that best meets the child's | ||
unique educational needs; and | ||
(5) in Espinoza v. Montana Department of Revenue, 140 | ||
S. Ct. 2246 (2020) and Carson v. Makin, 142 S. Ct. 1987 (2022), the | ||
United States Supreme Court held that state prohibitions on the use | ||
of generally available state tuition assistance programs for | ||
children to attend religious schools violate the Free Exercise | ||
Clause of the First Amendment to the United States Constitution. | ||
SECTION 3. The purpose of this Act is to achieve a general | ||
diffusion of knowledge, increase efficiency by providing highly | ||
qualified education professionals an opportunity to empower | ||
parents to make the best decision regarding the education of the | ||
parent's child, enshrine the parent as the primary decision maker | ||
in all matters involving the parent's child, and fully fund schools | ||
in this state while giving parents a choice about which type of | ||
school is the right choice for the parent's child. | ||
SECTION 4. Section 48.266, 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 provided by the | ||
comptroller under Section 48.551(g). This subsection expires | ||
September 1, 2028. | ||
SECTION 5. Chapter 48, Education Code, is amended by adding | ||
Subchapter J to read as follows: | ||
SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM | ||
Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this | ||
subchapter, "program" means the Parental Empowerment Program | ||
established under this section. | ||
(b) A parent or legal guardian of an eligible student who | ||
agrees to accept reimbursement in an amount that is less than the | ||
state average maintenance and operations expenditures per student | ||
may receive reimbursement from the state for the tuition paid for | ||
the enrollment of the eligible student at a private school in an | ||
amount that is the lesser of: | ||
(1) the tuition paid; or | ||
(2) 80 percent of the state average maintenance and | ||
operations expenditures per student. | ||
(c) A student is eligible to participate in the program if | ||
the student is a school-age child who resides in this state. | ||
(d) Money from the available school fund and federal funds | ||
may not be used for reimbursement under this section. | ||
(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 school's educational program that was not in effect | ||
on September 1, 2023. | ||
(f) The comptroller shall administer the program and | ||
provide reimbursement to a parent or legal guardian of an eligible | ||
student, or the parent's or guardian's assignees, as authorized by | ||
this section. | ||
(g) Not later than October 1 of each year, the comptroller | ||
shall notify the commissioner and the Legislative Budget Board of | ||
the number of eligible students likely to participate in the | ||
program, disaggregated by the school district or open-enrollment | ||
charter school the eligible students would otherwise attend. Not | ||
later than March 1 of each year, the comptroller shall provide final | ||
information to the commissioner and the Legislative Budget Board | ||
regarding the number of students participating in the program, | ||
disaggregated in the same manner as the initial information. | ||
(h) Each school year, the agency shall, subject to the | ||
approval of the governor and the Legislative Budget Board, | ||
distribute to each school district and open-enrollment charter | ||
school on a per student basis a total amount of funding equal to the | ||
amount of any cost savings to the Foundation School Program that | ||
resulted from the operation of the program during the preceding | ||
school year. | ||
Sec. 48.552. ADMINISTRATIVE COSTS. (a) The comptroller may | ||
deduct a percentage of each reimbursement made under this | ||
subchapter to cover the comptroller's administrative costs in | ||
implementing and administering the program. The percentage | ||
deducted from each reimbursement may not exceed the lesser of: | ||
(1) the pro rata cost of the program in the applicable | ||
year; or | ||
(2) two percent of the amount of the reimbursement. | ||
(b) This section expires September 1, 2033. | ||
SECTION 6. (a) As soon as practicable, but not later than | ||
February 15, 2024, the comptroller of public accounts, in | ||
coordination with the commissioner of education, shall adopt rules | ||
to implement the Parental Empowerment Program under Subchapter J, | ||
Chapter 48, Education Code, as added by this Act, including rules to | ||
prevent fraud in financial transactions under the program and to | ||
determine the net savings resulting from implementation of the | ||
program. | ||
(b) The rules adopted under Subsection (a) of this section | ||
must require reconciliation of payments for all reimbursements | ||
within the same fiscal year or within the first month following the | ||
end of the fiscal year. | ||
SECTION 7. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |