Bill Text: TX HB68 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to eligibility for a public education grant of certain students receiving special education services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-02-13 - Referred to Public Education [HB68 Detail]
Download: Texas-2017-HB68-Introduced.html
85R3714 PAM-D | ||
By: Simmons | H.B. No. 68 |
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relating to eligibility for a public education grant of certain | ||
students receiving special education services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.202, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.202. ELIGIBILITY. (a) A student is eligible to | ||
receive a public education grant or to attend another public school | ||
in the district in which the student resides under this subchapter | ||
if: | ||
(1) the student is assigned to attend a public school | ||
campus: | ||
(A) [ |
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students did not perform satisfactorily on an assessment instrument | ||
administered under Section 39.023(a) or (c) in any two of the | ||
preceding three years; or | ||
(B) [ |
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three years, failed to satisfy any standard under Section 39.054(e) | ||
as applicable during that year; or | ||
(2) the student: | ||
(A) is in kindergarten through grade 12 and | ||
eligible under Section 29.003 to participate in a school district's | ||
special education program; and | ||
(B) is the subject of an individualized education | ||
program developed under Section 29.005. | ||
(b) After a student who establishes eligibility under | ||
Subsection (a)(1) has used a public education grant to attend a | ||
school in a district other than the district in which the student | ||
resides: | ||
(1) the student does not become ineligible for the | ||
grant if the school on which the student's initial eligibility is | ||
based no longer meets the criteria under Subsection (a)(1) [ |
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and | ||
(2) the student becomes ineligible for the grant if | ||
the student is assigned to attend a school that does not meet the | ||
criteria under Subsection (a)(1) [ |
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(c) A student who establishes eligibility under Subsection | ||
(a)(2) remains eligible until the earlier of the date the student | ||
graduates from high school or the student's 22nd birthday. | ||
SECTION 2. Section 29.203, Education Code, is amended by | ||
amending Subsections (d) and (f) and adding Subsection (f-1) to | ||
read as follows: | ||
(d) A school district chosen by a student's parent under | ||
Section 29.201 is entitled to accept or reject the application for | ||
the student to attend school in that district but may not use | ||
criteria that discriminate on the basis of a student's race, | ||
ethnicity, academic achievement, athletic abilities, language | ||
proficiency, sex, or socioeconomic status. A school district that | ||
has more acceptable applicants for attendance under this subchapter | ||
than available positions must give priority to students at risk of | ||
dropping out of school as defined by Section 29.081 and students who | ||
are eligible under Section 29.202(a)(2), and must fill the | ||
available positions by lottery. However, to achieve continuity in | ||
education, a school district may give preference over at-risk | ||
students and students eligible under Section 29.202(a)(2) to | ||
enrolled students and to the siblings of enrolled students residing | ||
in the same household or other children residing in the same | ||
household as enrolled students for the convenience of parents, | ||
guardians, or custodians of those children. | ||
(f) The school district in which a student resides shall | ||
provide each student who establishes eligibility under Section | ||
29.202(a)(1) and attends [ |
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under this subchapter transportation free of charge to and from the | ||
school the student would otherwise attend. | ||
(f-1) For a student who establishes eligibility under | ||
Section 29.202(a)(2): | ||
(1) if the student's admission, review, and dismissal | ||
committee determines based on the student's individualized | ||
education program that the student requires transportation and the | ||
student attends another public school in the district in which the | ||
student resides or in a district adjacent to that district, the | ||
school district that the student attends shall provide the student | ||
transportation free of charge in the manner provided under the | ||
student's individualized education program; or | ||
(2) if the student's admission, review, and dismissal | ||
committee determines based on the student's individualized | ||
education program that the student does not require transportation | ||
and if the student attends a school in another district under this | ||
subchapter, the school district in which the student resides shall | ||
provide the student transportation free of charge to and from the | ||
school the student would otherwise attend. | ||
SECTION 3. Section 29.204, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of | ||
each year the commissioner shall, based on the most recent | ||
information available, provide notice to each school district in | ||
which a campus described by Section 29.202(a)(1) [ |
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located that: | ||
(1) identifies each campus in the district that meets | ||
the description in Section 29.202(a)(1) [ |
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(2) informs the district that the district must comply | ||
with Subsection (b). | ||
(b) Not later than February 1 of each year, a school | ||
district shall notify the parent of each student in the district | ||
assigned to attend a campus described by Section 29.202(a)(1) | ||
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In accordance with commissioner rule, a school district shall | ||
notify the parent of each student in the district eligible under | ||
Section 29.202(a)(2) of the student's eligibility as soon as | ||
possible after the student establishes eligibility. The notice | ||
must contain a clear, concise explanation of the public education | ||
grant program and of the manner in which the parent may obtain | ||
further information about the program. | ||
SECTION 4. This Act applies beginning with the 2017-2018 | ||
school year. | ||
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. |