Bill Text: TX SB1716 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to a supplemental special education services and instructional materials program for certain public school students receiving special education services.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-18 - Effective immediately [SB1716 Detail]
Download: Texas-2021-SB1716-Enrolled.html
S.B. No. 1716 |
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relating to a supplemental special education services and | ||
instructional materials program for certain public school students | ||
receiving special education services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 29, Education Code, is amended by adding | ||
Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM | ||
Sec. 29.041. DEFINITIONS. In this subchapter: | ||
(1) "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. | ||
(2) "Supplemental special education instructional | ||
materials" includes textbooks, computer hardware or software, | ||
other technological devices, and other materials suitable for | ||
addressing an educational need of a student receiving special | ||
education services under Subchapter A. | ||
(3) "Supplemental special education services" means | ||
an additive service that provides an educational benefit to a | ||
student receiving special education services under Subchapter A, | ||
including: | ||
(A) occupational therapy, physical therapy, and | ||
speech therapy; and | ||
(B) private tutoring and other supplemental | ||
private instruction or programs. | ||
Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. | ||
(a) The agency by rule shall establish and administer a | ||
supplemental special education services and instructional | ||
materials program for students who meet the eligibility | ||
requirements for participation in the program. Subject to | ||
Subsection (c), the agency shall provide each student approved as | ||
provided by this subchapter a grant of not more than $1,500 to | ||
purchase supplemental special education services and supplemental | ||
special education instructional materials. | ||
(b) In administering the program, the agency shall maintain | ||
a system of online accounts to provide access to the grant described | ||
by Subsection (a) to an eligible student's parent. | ||
(c) The commissioner shall set aside an amount not to exceed | ||
$30 million from the total amount of funds appropriated for each | ||
state fiscal year to fund the program under this section. For each | ||
state fiscal year, the total amount provided for student grants | ||
under Subsection (a) may not exceed the amount set aside by the | ||
commissioner under this subsection. | ||
(d) The agency shall designate one or more regional | ||
education service centers to administer the program. | ||
Sec. 29.043. 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 29.042(b) and assigned to the student | ||
under Section 29.045. | ||
Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency | ||
shall establish eligibility criteria for the approval of an | ||
application submitted under Section 29.043. The criteria must | ||
require that the student be enrolled in the current school year at a | ||
school district or open-enrollment charter school and in a | ||
district's or school's special education program under Subchapter | ||
A. | ||
(b) The eligibility criteria established under this section | ||
must also prioritize students for whom a school district or | ||
open-enrollment charter school is eligible for a compensatory | ||
education allotment under Section 48.104. | ||
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF | ||
ACCOUNT. Subject to available funding the agency shall approve | ||
each student who meets the program eligibility criteria established | ||
under Section 29.044 and assign to the student an account | ||
maintained under Section 29.042(b). The account may only be used by | ||
the student's parent to purchase supplemental special education | ||
services or supplemental special education instructional materials | ||
for the student, subject to Sections 29.046 and 29.047. | ||
Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an | ||
account assigned to a student under Section 29.045 may be used only | ||
for supplemental special education services and supplemental | ||
special education instructional materials. | ||
(b) Supplemental special education services must be | ||
provided by an agency-approved provider. | ||
(c) If the agency has approved vendors for a category of | ||
instructional material under Section 29.047, instructional | ||
materials must be purchased from an agency-approved vendor for that | ||
category of instructional material. If the agency does not | ||
establish criteria for agency approval for a category of | ||
instructional materials, money in the student's account may be used | ||
to purchase the instructional materials from any vendor. | ||
Sec. 29.047. 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 special education | ||
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, including providers of physical therapy, occupational | ||
therapy, and speech therapy. | ||
(c) The agency shall provide a procedure for providers of | ||
supplemental special education 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 special education | ||
instructional materials identified by the agency. | ||
(e) If the agency establishes criteria for agency approval | ||
for a vendor of a category of supplemental special education | ||
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. 29.048. 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 special education | ||
services that may be provided under the program under this | ||
subchapter. | ||
(b) 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 | ||
special education services available under the program and provided | ||
by agency-approved providers for which an account maintained under | ||
Section 29.042(b) for the student may be used; and | ||
(2) instructions regarding accessing an account | ||
described by Subdivision (1). | ||
Sec. 29.049. RULES. The commissioner shall adopt rules as | ||
necessary to administer the supplemental special education | ||
services and instructional materials program under this | ||
subchapter. | ||
Sec. 29.050. EXPIRATION. This subchapter expires September | ||
1, 2024. | ||
SECTION 2. Not later than December 1, 2021, the | ||
commissioner of education shall adopt all rules necessary for the | ||
establishment and administration of the supplemental special | ||
education services and instructional materials program required | ||
under Subchapter A-1, Chapter 29, Education Code, as added by this | ||
Act. | ||
SECTION 3. The Texas Education Agency is required to | ||
implement a provision of this Act only if the legislature | ||
appropriates money specifically for that purpose. If the | ||
legislature does not appropriate money specifically for that | ||
purpose, the Texas Education Agency may, but is not required to, | ||
implement a provision of this Act using other appropriations | ||
available for that purpose. | ||
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 September 1, 2021. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 1716 passed the Senate on | ||
May 3, 2021, by the following vote: Yeas 21, Nays 9; and that the | ||
Senate concurred in House amendments on May 29, 2021, by the | ||
following vote: Yeas 22, Nays 9. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1716 passed the House, with | ||
amendments, on May 26, 2021, by the following vote: Yeas 116, | ||
Nays 26, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |