Bill Text: TX HB82 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a parent-directed supplemental services and instructional materials program for public school students; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB82 Detail]
Download: Texas-2023-HB82-Introduced.html
| By: Schaefer | H.B. No. 82 | |
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| relating to a parent-directed supplemental services and | ||
| instructional materials program for public school students; | ||
| authorizing a fee. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 29, Education Code, is amended by adding | ||
| Subchapter R to read as follows: | ||
| SUBCHAPTER R. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM | ||
| Sec. 29.751. DEFINITIONS. In this subchapter: | ||
| (1) "Parent" has the meaning assigned by Section | ||
| 29.041. | ||
| (2) "Supplemental instructional materials" includes | ||
| textbooks, computer hardware or software, other technological | ||
| devices, and other materials suitable for addressing an educational | ||
| need of a public school student. | ||
| (3) "Supplemental services" means an additive service | ||
| that provides an educational benefit to a public school student | ||
| including: | ||
| (A) virtual, advanced, and trade-related | ||
| programs; | ||
| (B) extracurricular activities; | ||
| (C) private tutoring and other supplemental | ||
| private instruction or programs; and | ||
| (D) college credit. | ||
| Sec. 29.752. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. | ||
| (a) The agency by rule shall establish and administer a | ||
| parent-directed program for public school students through which a | ||
| parent of a student who meets the eligibility requirements for | ||
| participation in the program may select supplemental services and | ||
| supplemental instructional materials for use by the parent's | ||
| student. From funds appropriated for the purpose, the agency shall | ||
| provide each student approved for participation in the program | ||
| under this subchapter a grant as provided by Section 48.305 to | ||
| purchase supplemental services and supplemental instructional | ||
| materials. | ||
| (b) In administering the program, the agency shall maintain | ||
| a system of online accounts to provide to an eligible student's | ||
| parent access to the grant described by Subsection (a). | ||
| (c) The agency shall designate one or more regional | ||
| education service centers to administer the program under this | ||
| section. | ||
| (d) The agency shall establish a procedure by which a | ||
| student may initiate a transfer of control of the account, from the | ||
| parent to the student, for the use of unexpended money in the | ||
| account at the time of the student's graduation in accordance with | ||
| Section 29.756(d). | ||
| Sec. 29.753. APPLICATION FOR GRANT ON BEHALF OF STUDENT. | ||
| The agency shall establish an application process for an eligible | ||
| student's parent to apply for a grant held in an online account | ||
| maintained under Section 29.752(b) and assigned to the student | ||
| under Section 29.755. | ||
| Sec. 29.754. PROGRAM ELIGIBILITY CRITERIA. (a) The agency | ||
| shall establish eligibility criteria for the approval of an | ||
| application submitted under Section 29.753. The criteria must | ||
| require that the student be enrolled in the current school year at a | ||
| school district or open-enrollment charter school. | ||
| (b) The eligibility criteria established under this section | ||
| must also prioritize students for whom a school district or | ||
| open-enrollment charter school is entitled to the compensatory | ||
| education allotment under Section 48.104. | ||
| (c) A student may receive a grant once under this subchapter | ||
| while enrolled in kindergarten through grade 12. A student may | ||
| receive an additional grant under this subchapter if the | ||
| legislature appropriates money for that purpose. | ||
| Sec. 29.755. APPROVAL OF APPLICATION; ASSIGNMENT OF | ||
| ACCOUNT. The agency shall approve each student who meets the | ||
| program eligibility criteria established under Section 29.754 and | ||
| assign to the student an account maintained under Section | ||
| 29.752(b). The account may only be used by the student's parent or | ||
| the student as provided by Section 29.752(d) to purchase | ||
| supplemental services or supplemental instructional materials for | ||
| the student, subject to Sections 29.756 and 29.757. | ||
| Sec. 29.756. ACCOUNT USE RESTRICTION. (a) Money in an | ||
| account assigned to a student under Section 29.755 may be used only | ||
| for supplemental services, supplemental instructional materials, | ||
| and expenditures for tuition and fees as authorized under | ||
| Subsection (d). | ||
| (b) Any supplemental services purchased under the program | ||
| under this subchapter must be provided by an agency-approved | ||
| provider. | ||
| (c) If the agency has approved vendors for a category of | ||
| supplemental instructional materials under Section 29.757, | ||
| supplemental instructional materials must be purchased from an | ||
| agency-approved vendor for that category of supplemental | ||
| instructional materials. If the agency does not establish criteria | ||
| for agency approval for a category of supplemental instructional | ||
| materials, money in the student's account may be used to purchase | ||
| the supplemental instructional materials from any vendor. | ||
| (d) The commissioner by rule shall authorize the use of | ||
| money in an account assigned to a student under Section 29.755 to be | ||
| spent on tuition and fees at an institution of higher education or | ||
| private or independent institution of higher education, including | ||
| any unexpended money in a student's account at the time of the | ||
| student's graduation. Any remaining unexpended money in a | ||
| student's account on the sixth anniversary of the student's | ||
| graduation shall be returned to the agency for purposes of the | ||
| program. | ||
| Sec. 29.757. AGENCY-APPROVED PROVIDERS AND VENDORS: | ||
| CRITERIA AND APPLICATION. (a) The agency shall establish criteria | ||
| necessary for agency approval for each category of provider of a | ||
| professional service that is a supplemental service, as identified | ||
| by the agency. | ||
| (b) The criteria established under this section must | ||
| require a provider of a category of professional service to be | ||
| appropriately licensed or accredited in this state to provide that | ||
| service. | ||
| (c) The agency shall provide a procedure for providers of | ||
| supplemental services to apply to the agency to 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. | ||
| Sec. 29.758. PUBLIC SCHOOL PROVIDERS. A school district or | ||
| open-enrollment charter school provider approved under Section | ||
| 29.757 may charge a fee for supplemental instructional materials or | ||
| supplemental services provided to a student under this subchapter | ||
| that otherwise would not have been provided to the student by the | ||
| district or school. | ||
| Sec. 29.759. 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 determines 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 | ||
| services or supplemental instructional materials available under | ||
| the program and provided by agency-approved providers for which an | ||
| account maintained under Section 29.752(b) for the student may be | ||
| used; and | ||
| (2) instructions regarding accessing an account | ||
| described by Subdivision (1). | ||
| Sec. 29.760. DETERMINATION OF COMMISSIONER FINAL. | ||
| Notwithstanding Section 7.057, a determination of the commissioner | ||
| under this subchapter is final and may not be appealed. | ||
| Sec. 29.761. RULES. The commissioner shall adopt rules as | ||
| necessary to administer the supplemental services and | ||
| instructional materials program under this subchapter. | ||
| SECTION 2. Subchapter G, Chapter 48, Education Code, is | ||
| amended by adding Section 48.305 to read as follows: | ||
| Sec. 48.305. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM | ||
| GRANT. (a) A student to whom the agency awards a grant under | ||
| Subchapter R, Chapter 29, is entitled to receive a grant equal to | ||
| $1,000 or a greater amount provided by appropriation. | ||
| (b) The agency shall use money appropriated to the agency | ||
| for purposes of this section to award grants under Subchapter R, | ||
| Chapter 29. | ||
| SECTION 3. Not later than December 1, 2023, the | ||
| commissioner of education shall adopt all rules necessary for the | ||
| establishment and administration of the parent-directed | ||
| supplemental services program required under Subchapter R, Chapter | ||
| 29, Education Code, as added by this Act. | ||
| SECTION 4. 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. | ||
