By: Schaefer H.B. No. 82
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.