Bill Text: TX SB2561 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the supplemental special education services program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Education [SB2561 Detail]
Download: Texas-2023-SB2561-Introduced.html
By: Middleton | S.B. No. 2561 | |
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relating to the supplemental special education services program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.042, Education Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(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 annually 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. | ||
(e) A student may receive a grant under this subchapter for | ||
each year for which the student is eligible. | ||
SECTION 2. Section 29.044(a), Education Code, is amended to | ||
read as follows: | ||
(a) The agency shall establish eligibility criteria for the | ||
approval of an application submitted under Section 29.043. The | ||
criteria: | ||
(1) must require that the student be eligible to | ||
participate in a school district's [ |
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A; and | ||
(2) may not require that the student be enrolled in a | ||
school district or open-enrollment charter school. | ||
SECTION 3. Section 29.045, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF | ||
ACCOUNT; APPLICATION PRIORITY. (a) Subject to available funding | ||
and the priorities provided by Subsection (b), 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, 29.0461, and | ||
29.0471 [ |
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(b) On receipt of acceptable applications for admission | ||
under this subchapter in excess of available positions in the | ||
program due to insufficient funding, the agency shall prioritize | ||
applications in the following order: | ||
(1) applications from students who have previously | ||
received a grant under the program; and | ||
(2) applications from students who demonstrate that a | ||
needed supplemental special education service is not adequately | ||
provided at the student's educational institution. | ||
SECTION 4. Section 29.046, Education Code, is amended to | ||
read as follows: | ||
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 approved under Section | ||
29.0461. | ||
(b) Supplemental special education services must be | ||
provided by a [ |
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29.0471. | ||
(c) Instructional [ |
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category of instructional material. [ |
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SECTION 5. Subchapter A-1, Chapter 29, Education Code, is | ||
amended by adding Sections 29.0461 and 29.0471 to read as follows: | ||
Sec. 29.0461. APPROVED EXPENSES. (a) Subject to | ||
Subsection (b), money in an account assigned to a student under | ||
Section 29.045 may be used only for the following expenses incurred | ||
by the student at a preapproved provider of supplemental special | ||
education services or vendor of supplemental special education | ||
instructional materials: | ||
(1) tuition and fees: | ||
(A) at a private school accredited by an | ||
organization that is recognized by the agency; | ||
(B) at an institution of higher education or | ||
private or independent institution of higher education, as those | ||
terms are defined by Section 61.003, for a course described by | ||
Section 28.009 for which the student may receive high school credit | ||
based on an agreement between the institution and the school in | ||
which the student is enrolled; or | ||
(C) for an online educational course or program; | ||
(2) the purchase of textbooks or other instructional | ||
materials or uniforms required by a school, institution, course, or | ||
program described by Subdivision (1) in which the student is | ||
enrolled; | ||
(3) payments for the purchase of a curriculum; | ||
(4) fees for classes or other educational services or | ||
extracurricular programs provided by a public school; | ||
(5) fees for services provided by a private tutor or | ||
teaching service; | ||
(6) fees for educational therapies or services | ||
provided by a practitioner or provider, including respite therapy | ||
services, other than fees covered by any federal, state, or local | ||
government benefit program, including Medicaid or the children's | ||
health insurance program, or any applicable private insurance; | ||
(7) costs of computer hardware and other technological | ||
devices that are primarily used for educational purposes, not to | ||
exceed in any year 10 percent of the total amount deposited in the | ||
student's account that year; and | ||
(8) fees for a nationally standardized | ||
norm-referenced achievement test, an advanced placement test or | ||
similar examination, or any examination related to college or | ||
university admission. | ||
(b) Money in an account assigned to a student under Section | ||
29.045 may not be used to pay any person who is: | ||
(1) related to the student within the third degree of | ||
consanguinity or affinity, as determined under Chapter 573, | ||
Government Code; or | ||
(2) a member of the student's household. | ||
(c) A finding that a student or the student's parent used | ||
money in the account assigned to the student under Section 29.045 to | ||
pay for an expense not allowed under Subsection (a) does not affect | ||
the validity of any payment made by the student or the student's | ||
parent for an expense that is allowed under that subsection. | ||
Sec. 29.0471. APPROVED PROVIDERS. (a) The agency by rule | ||
shall establish a process for parents of eligible students to | ||
request the preapproval of providers of supplemental special | ||
education services and vendors of supplemental special education | ||
instructional materials. | ||
(b) The agency shall approve a provider of supplemental | ||
special education services or vendor of supplemental special | ||
education instructional materials for participation in the program | ||
not later than the 30th day after the date the agency receives the | ||
provider's or vendor's application if the provider or vendor: | ||
(1) for an accredited private school, executes a | ||
notarized affidavit, with supporting documents, concerning the | ||
school's qualification to serve students who receive a grant under | ||
this subchapter, including evidence of: | ||
(A) a valid certificate of occupancy; | ||
(B) policy statements regarding: | ||
(i) admissions; | ||
(ii) curriculum; | ||
(iii) safety; | ||
(iv) student to teacher ratios; and | ||
(v) assessments; | ||
(C) the school's agreement that students who | ||
receive a grant under this subchapter are eligible to apply for | ||
scholarships offered by the school to the same extent as other | ||
students; and | ||
(D) accreditation by an organization recognized | ||
by the agency or the Texas Private School Accreditation Commission; | ||
(2) for a private tutor, therapist, or teaching | ||
service: | ||
(A) executes a notarized affidavit, with | ||
supporting documents, concerning the tutor's, therapist's, or | ||
service's qualification to serve students who receive a grant under | ||
this subchapter, including that the tutor or therapist or each | ||
employee of the service who intends to provide services to a | ||
student: | ||
(i) is certified under Subchapter B, | ||
Chapter 21; | ||
(ii) holds a relevant license or | ||
accreditation issued by a state, regional, or national licensing or | ||
accreditation organization; or | ||
(iii) is employed in a teaching or tutoring | ||
capacity at an institution of higher education or a private or | ||
independent institution of higher education, as those terms are | ||
defined by Section 61.003; and | ||
(B) the tutor or therapist or each employee of | ||
the teaching service who intends to provide supplemental special | ||
education services to a student who receives a grant under this | ||
subchapter either: | ||
(i) completes a national criminal history | ||
record information review; or | ||
(ii) provides to the agency documentation | ||
indicating that the tutor, therapist, or employee, as applicable, | ||
has completed a national criminal history record information review | ||
within a period established by agency rule; | ||
(3) for an online educational course or program | ||
provider, executes a notarized affidavit, with supporting | ||
documents, concerning the provider's qualification to serve | ||
students who receive a grant under this subchapter; or | ||
(4) for any provider or vendor not described by | ||
Subdivision (1), (2), or (3), presents any necessary supporting | ||
documents concerning the provider's or vendor's qualification to | ||
serve students who receive a grant under this subchapter. | ||
(f) The agency shall review the national criminal history | ||
record information or documentation for each private tutor, | ||
therapist, or teaching service employee who submits information or | ||
documentation under this section and verify that the individual is | ||
not included in the registry under Section 22.092. The tutor, | ||
therapist, or service must provide the agency with any information | ||
requested by the agency to enable the agency to complete the review. | ||
The agency shall report the agency's findings from the review to the | ||
parental review committee. | ||
(g) The agency shall post on the agency's Internet website | ||
the list of preapproved providers of supplemental special education | ||
services and vendors of supplemental special education | ||
instructional materials. | ||
SECTION 6. The following provisions of Subchapter A-1, | ||
Chapter 29, Education Code, are repealed: | ||
(1) Section 29.044(b); and | ||
(2) Sections 29.047 and 29.050. | ||
SECTION 7. This Act takes effect September 1, 2023. |