Bill Text: TX SB8 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2023-05-15 - Left pending in committee [SB8 Detail]
Download: Texas-2023-SB8-Engrossed.html
By: Creighton, et al. | S.B. No. 8 |
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relating to public education, including parental rights and public | ||
school responsibilities regarding instructional materials and the | ||
establishment of an education savings account program. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. PARENTAL RIGHTS AND CURRICULUM | ||
SECTION 1.001. Chapter 1, Education Code, is amended by | ||
adding Section 1.009 to read as follows: | ||
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED. | ||
The fundamental rights granted to parents by their Creator and | ||
upheld by the United States Constitution, the Texas Constitution, | ||
and the laws of this state, including the right to direct the moral | ||
and religious training of the parent's child, make decisions | ||
concerning the child's education, and consent to medical, | ||
psychiatric, and psychological treatment of the parent's child | ||
under Section 151.001, Family Code, may not be infringed on by any | ||
public elementary or secondary school or state governmental entity, | ||
including the state or a political subdivision of the state, unless | ||
the infringement is: | ||
(1) necessary to further a compelling state interest, | ||
such as providing life-saving care to a child; and | ||
(2) narrowly tailored using the least restrictive | ||
means to achieve that compelling state interest. | ||
SECTION 1.002. Section 11.161, Education Code, is amended | ||
to read as follows: | ||
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil | ||
suit or administrative proceeding brought under state law or rules | ||
[ |
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independent school district acting under color of office, the court | ||
or another person authorized to make decisions regarding the | ||
proceeding may award costs and reasonable attorney's fees if: | ||
(1) the court or other authorized person finds that | ||
the suit or proceeding is frivolous, unreasonable, and without | ||
foundation; and | ||
(2) the suit or proceeding is dismissed or judgment is | ||
for the defendant. | ||
(b) This section does not apply to a civil suit or | ||
administrative proceeding brought under the Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A | ||
civil suit or administrative proceeding described by this | ||
subsection is governed by the attorney's fees provisions under 20 | ||
U.S.C. Section 1415. | ||
SECTION 1.003. Section 25.036, Education Code, is amended | ||
to read as follows: | ||
Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other | ||
than a high school graduate, who is younger than 21 years of age and | ||
eligible for enrollment on September 1 of any school year may apply | ||
to transfer for in-person instruction annually from the child's | ||
school district of residence to another district in this state for | ||
in-person instruction [ |
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(b) A transfer application approved [ |
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section shall be filed and preserved as a receiving district record | ||
for audit purposes of the agency. | ||
(c) A school district may deny approval of a transfer under | ||
this section only if: | ||
(1) the district or a school in the district to which a | ||
student seeks to transfer is at full student capacity or has more | ||
requests for transfers than available positions after the district | ||
has filled available positions in accordance with Subsection (e); | ||
(2) at the time a student seeks to transfer, the | ||
student is suspended or expelled by the district in which the | ||
student is enrolled; or | ||
(3) approving the transfer would supersede a | ||
court-ordered desegregation plan. | ||
(d) For the purpose of determining whether a school in a | ||
school district is at full student capacity under Subsection | ||
(c)(1), the district may not consider equity as a factor in the | ||
district's decision-making process. | ||
(e) A school district that has more applicants for transfer | ||
under this section than available positions must fill the available | ||
positions by lottery and must give priority to applicants in the | ||
following order: | ||
(1) students who: | ||
(A) do not reside in the district but were | ||
enrolled in the district in the preceding school year; or | ||
(B) are dependents of an employee of the | ||
receiving district; and | ||
(2) students: | ||
(A) receiving special education services under | ||
Subchapter A, Chapter 29; | ||
(B) who are dependents of military personnel; | ||
(C) who are dependents of law enforcement | ||
personnel; | ||
(D) in foster care; | ||
(E) who are the subject of court-ordered | ||
modification of an order establishing conservatorship or | ||
possession and access; or | ||
(F) who are siblings of a student who is enrolled | ||
in the receiving district at the time the student seeks to transfer. | ||
(f) A student who transfers to another school district under | ||
this section may not be charged tuition. The student is included in | ||
the average daily attendance of the district to which the student | ||
transfers, beginning on the date the student begins attending | ||
classes at that district. | ||
(g) A receiving school district may, but is not required to, | ||
provide transportation to a student who transfers to the receiving | ||
district under this section. | ||
(h) A receiving school district may revoke, at any time | ||
during the school year, the approval of the student's transfer if: | ||
(1) the student: | ||
(A) fails to comply with a condition specified in | ||
the agreement that is: | ||
(i) a circumstance specified in the student | ||
code of conduct under Section 37.001(a)(1); | ||
(ii) a condition specified in the student | ||
code of conduct under Section 37.001(a)(2); | ||
(iii) conduct for which a student is | ||
required or permitted to be removed from class and placed in a | ||
disciplinary alternative education program under Section 37.006; | ||
or | ||
(iv) conduct for which a student is | ||
required or permitted to be expelled from school under Section | ||
37.007; or | ||
(B) fails to maintain a specified school | ||
attendance rate; and | ||
(2) before revoking approval of the student's | ||
transfer, the district ensures the student is afforded appropriate | ||
due process and complies with any requirements of state law or | ||
district policy relating to the expulsion of a student to the same | ||
extent as if the student were being expelled under Section 37.007. | ||
SECTION 1.004. Section 26.001, Education Code, is amended | ||
by amending Subsections (a), (c), (d), and (e) and adding | ||
Subsections (a-1) and (c-1) to read as follows: | ||
(a) As provided under Section 151.001, Family Code, a parent | ||
has the right to direct the moral and religious training of the | ||
parent's child, make decisions concerning the child's education, | ||
and consent to medical, psychiatric, and psychological treatment of | ||
the child without obstruction or interference from this state, any | ||
political subdivision of this state, a school district or | ||
open-enrollment charter school, or any other governmental entity. | ||
(a-1) Parents are partners with educators, administrators, | ||
and school district boards of trustees in their children's | ||
education. Parents shall be encouraged to actively participate in | ||
creating and implementing educational programs for their children. | ||
(c) Unless otherwise provided by law, a board of trustees, | ||
administrator, educator, or other person shall comply with Section | ||
1.009 and may not limit parental rights or withhold information | ||
from a parent regarding the parent's child. | ||
(c-1) A school district may not be considered to have | ||
withheld information from a parent regarding the parent's child if | ||
the district's actions are in accordance with other law, including | ||
the Family Education Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g). | ||
(d) Each board of trustees shall: | ||
(1) provide for procedures to consider complaints that | ||
a parent's right has been denied; [ |
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(2) develop a plan for parental participation in the | ||
district to improve parent and teacher cooperation, including in | ||
the areas of homework, school attendance, and discipline; | ||
(3) [ |
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the establishment of ongoing operations of at least one | ||
parent-teacher organization at each school in the district to | ||
promote parental involvement in school activities; and | ||
(4) provide to a parent of a child on the child's | ||
enrollment in the district for the first time and to the parent of | ||
each child enrolled in the district at the beginning of each school | ||
year information about parental rights and options, including the | ||
right to withhold consent for or exempt the parent's child from | ||
certain activities and instruction, that addresses the parent's | ||
rights and options concerning: | ||
(A) the child's course of study and supplemental | ||
services; | ||
(B) instructional materials and library | ||
materials; | ||
(C) health education instruction under Section | ||
28.004; | ||
(D) instruction regarding sexual orientation and | ||
gender identity under Section 28.0043; | ||
(E) school options, including virtual and remote | ||
schooling options; | ||
(F) immunizations under Section 38.001; | ||
(G) gifted and talented programs; | ||
(H) promotion, retention, and graduation | ||
policies; | ||
(I) grade, class rank, and attendance | ||
information; | ||
(J) state standards and requirements; | ||
(K) data collection practices; | ||
(L) health care services, including notice and | ||
consent under Section 26.0083(g); and | ||
(M) the local grievance procedure under Section | ||
26.011. | ||
(e) The agency shall develop a form for use by school | ||
districts in providing information about parental rights and | ||
options under Subsection (d)(4). Each school district shall post | ||
the form in a prominent location on the district's Internet | ||
website. | ||
SECTION 1.005. Chapter 26, Education Code, is amended by | ||
adding Sections 26.0026, 26.0061, and 26.0083 to read as follows: | ||
Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A | ||
parent is entitled to choose the educational setting for the | ||
parent's child, including public school, private school, or home | ||
school. | ||
Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL | ||
REVIEW. (a) The board of trustees of each school district shall | ||
establish a process by which a parent of a student, as indicated on | ||
the student registration form at the student's campus, may request | ||
an instructional material review under Section 31.0236 for a | ||
subject area in the grade level in which the student is enrolled. | ||
(b) A process established under Subsection (a): | ||
(1) may not require more than one parent of a student | ||
to make the request; | ||
(2) must provide for the board of trustees of the | ||
school district to determine if the request will be granted, either | ||
originally or through an appeal process; and | ||
(3) may permit the requesting parent to review the | ||
instructional material directly before the district conducts an | ||
instructional material review under Section 31.0236. | ||
(c) If the parents of at least 25 percent of the students | ||
enrolled at a campus present to the board of trustees of the school | ||
district in which the campus is located a petition for the board to | ||
conduct an instructional material review under Section 31.0236, the | ||
board shall conduct the review, unless, by a majority vote, the | ||
board denies the request. | ||
(d) Notwithstanding Subsection (c), if the parents of at | ||
least 50 percent of the students enrolled at a school district | ||
campus present to the board of trustees of the district a petition | ||
to conduct an instructional material review under Section 31.0236, | ||
the board shall conduct the review. | ||
(e) A review conducted under Subsection (c) or (d) shall | ||
include a review of instructional materials for each subject area | ||
or grade level specified in the petition. | ||
(f) The commissioner may adopt rules to implement this | ||
section. | ||
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, | ||
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) | ||
The agency shall adopt a procedure for school districts to notify | ||
the parent of a student enrolled in the district regarding any | ||
change in services provided to or monitoring of the student related | ||
to the student's mental, emotional, or physical health or | ||
well-being. | ||
(b) A procedure adopted under Subsection (a) must reinforce | ||
the fundamental right of a parent to make decisions regarding the | ||
upbringing and control of the parent's child by requiring school | ||
district personnel to: | ||
(1) encourage a student to discuss issues relating to | ||
the student's well-being with the student's parent; or | ||
(2) facilitate a discussion described under | ||
Subdivision (1). | ||
(c) A school district may not adopt a procedure that: | ||
(1) prohibits a district employee from notifying the | ||
parent of a student regarding: | ||
(A) information about the student's mental, | ||
emotional, or physical health or well-being; or | ||
(B) a change in services provided to or | ||
monitoring of the student related to the student's mental, | ||
emotional, or physical health or well-being; | ||
(2) encourages or has the effect of encouraging a | ||
student to withhold from the student's parent information described | ||
by Subdivision (1)(A); or | ||
(3) prevents a parent from accessing education or | ||
health records concerning the parent's child. | ||
(d) Subsections (a) and (c) do not require the disclosure of | ||
information to a parent if a reasonably prudent person would | ||
believe the disclosure is likely to result in the student suffering | ||
abuse or neglect, as those terms are defined by Section 261.001, | ||
Family Code. | ||
(e) A school district employee may not discourage or | ||
prohibit parental knowledge of or involvement in critical decisions | ||
affecting a student's mental, emotional, or physical health or | ||
well-being. | ||
(f) Any student support services training developed or | ||
provided by a school district to district employees must comply | ||
with any student services guidelines, standards, and frameworks | ||
established by the State Board of Education and the agency. | ||
(g) Before the first instructional day of each school year, | ||
a school district shall provide to the parent of each student | ||
enrolled in the district written notice of each health-related | ||
service offered at the district campus the student attends. The | ||
notice must include a statement of the parent's right to withhold | ||
consent for or decline a health-related service. A parent's | ||
consent to a health-related service does not waive a requirement of | ||
Subsection (a), (c), or (e). | ||
(h) Before administering a student well-being questionnaire | ||
or health screening form to a student enrolled in prekindergarten | ||
through 12th grade, a school district must provide a copy of the | ||
questionnaire or form to the student's parent and obtain the | ||
parent's consent to administer the questionnaire or form. | ||
(i) This section may not be construed to: | ||
(1) limit or alter the requirements of Section 38.004 | ||
of this code or Chapter 261, Family Code; or | ||
(2) limit a school district employee's ability to | ||
inquire about a student's daily well-being without parental | ||
consent. | ||
(j) Not later than June 30, 2024, the agency, the State | ||
Board of Education, and the State Board for Educator Certification, | ||
as appropriate, shall review and revise as necessary the following | ||
to ensure compliance with this section: | ||
(1) school counseling frameworks and standards; | ||
(2) educator practices and professional conduct | ||
principles; and | ||
(3) any other student services personnel guidelines, | ||
standards, or frameworks. | ||
(k) Subsection (j) and this subsection expire September 1, | ||
2025. | ||
SECTION 1.006. Section 26.004(b), Education Code, is | ||
amended to read as follows: | ||
(b) A parent is entitled to access to all written records of | ||
a school district concerning the parent's child, including: | ||
(1) attendance records; | ||
(2) test scores; | ||
(3) grades; | ||
(4) disciplinary records; | ||
(5) counseling records; | ||
(6) psychological records; | ||
(7) applications for admission; | ||
(8) medical records in accordance with Section | ||
38.0095, including health and immunization information; | ||
(9) teacher and school counselor evaluations; | ||
(10) reports of behavioral patterns; and | ||
(11) records relating to assistance provided for | ||
learning difficulties, including information collected regarding | ||
any intervention strategies used with the child. | ||
SECTION 1.007. Chapter 26, Education Code, is amended by | ||
adding Section 26.0071 to read as follows: | ||
Sec. 26.0071. COMMUNITY ENGAGEMENT POLICY. Each board of | ||
trustees of a school district shall develop a parental engagement | ||
policy that: | ||
(1) provides for an Internet portal through which | ||
parents of students enrolled in the district may submit comments to | ||
campus or district administrators and the board; | ||
(2) requires the board to prioritize public comments | ||
by presenting those comments at the beginning of each board | ||
meeting; and | ||
(3) requires board meetings to be held outside of | ||
typical work hours. | ||
SECTION 1.008. Section 26.008, Education Code, is amended | ||
to read as follows: | ||
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. | ||
(a) Except as provided by Section 38.004, a [ |
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to: | ||
(1) full information regarding the school activities | ||
of a parent's child; and | ||
(2) notification not later than one school business | ||
day after the date a school district employee first suspects that a | ||
criminal offense has been committed against the parent's child | ||
[ |
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(b) An attempt by any school district employee to encourage | ||
or coerce a child to withhold information from the child's parent is | ||
grounds for discipline under Section 21.104, 21.156, or 21.211, as | ||
applicable, or by the State Board for Educator Certification, if | ||
applicable. | ||
SECTION 1.009. Section 26.009, Education Code, is amended | ||
by amending Subsection (a) and adding Subsections (a-1), (a-2), | ||
(a-3), (c), and (d) to read as follows: | ||
(a) An employee of a school district must obtain the written | ||
consent of a child's parent in the manner required by Subsection | ||
(a-2) before the employee may: | ||
(1) conduct a psychological examination, test, or | ||
treatment, unless the examination, test, or treatment is required | ||
under Section 38.004 or state or federal law regarding requirements | ||
for special education; [ |
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(2) subject to Subsection (b), make or authorize the | ||
making of a videotape of a child or record or authorize the | ||
recording of a child's voice; | ||
(3) unless authorized by other law: | ||
(A) disclose a child's health or medical | ||
information to any person other than the child's parent; or | ||
(B) collect, use, store, or disclose to any | ||
person other than the child's parent a child's biometric | ||
identifiers; or | ||
(4) subject to Subsection (a-3), provide health care | ||
services or medication or conduct a medical procedure. | ||
(a-1) For purposes of Subsection (a), "biometric | ||
identifier" means a blood sample, hair sample, skin sample, DNA | ||
sample, body scan, retina or iris scan, fingerprint, voiceprint, or | ||
record of hand or face geometry. | ||
(a-2) Written consent for a parent's child to participate in | ||
a district activity described by Subsection (a) must be signed by | ||
the parent and returned to the district. A child may not | ||
participate in the activity unless the district receives the | ||
parent's signed written consent to that activity. | ||
(a-3) For the purpose of obtaining written consent for | ||
actions described by Subsection (a)(4) that are determined by a | ||
school district to be routine care provided by a person who is | ||
authorized by the district to provide physical or mental | ||
health-related services, the district may obtain consent at the | ||
beginning of the school year or at the time of the child's | ||
enrollment in the district. Unless otherwise provided by a child's | ||
parent, written consent obtained in accordance with this subsection | ||
is effective until the end of the school year in which the consent | ||
was obtained. | ||
(c) Before the first instructional day of each school year, | ||
a school district shall provide to the parent of each student | ||
enrolled in the district written notice of any actions the district | ||
may take involving the authorized collection, use, or storage of | ||
information as described by Subsection (a)(3). The notice must: | ||
(1) include a plain language explanation for the | ||
district's collection, use, or storage of the child's information | ||
and the district's legal authority to engage in that collection, | ||
use, or storage; and | ||
(2) be signed by the parent and returned to the | ||
district. | ||
(d) A school district shall take disciplinary action | ||
against an employee responsible for allowing a child to participate | ||
in an activity described by Subsection (a)(4) if the district did | ||
not obtain a parent's consent for the child's participation in that | ||
activity. | ||
SECTION 1.010. Section 26.011, Education Code, is amended | ||
to read as follows: | ||
Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [ |
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(a) The board of trustees of each school district shall adopt a | ||
grievance procedure under which the board shall: | ||
(1) address each grievance [ |
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receives concerning a violation of a right guaranteed by Section | ||
1.009 or this chapter: | ||
(A) if the grievance is filed not later than six | ||
school weeks after the date on which the parent received notice of | ||
an incident giving rise to the grievance; or | ||
(B) regardless of whether the grievance was filed | ||
during the period prescribed by Paragraph (A) if the grievance was | ||
informally brought to the attention of school district personnel | ||
during that period; | ||
(2) allow a parent at any time before a final decision | ||
by the board to provide additional evidence regarding the parent's | ||
grievance; and | ||
(3) allow a parent to file more than one grievance at | ||
the same time. | ||
(b) The board of trustees of a school district is not | ||
required by Subsection (a) or Section 11.1511(b)(13) to address a | ||
grievance [ |
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student's participation in an extracurricular activity that does | ||
not involve a violation of a right guaranteed by this chapter. This | ||
subsection does not affect a claim brought by a parent under the | ||
Individuals with Disabilities Education Act (20 U.S.C. Section 1400 | ||
et seq.) or a successor federal statute addressing special | ||
education services for a child with a disability. | ||
(c) The board of trustees of a school district shall ensure | ||
a grievance procedure adopted under Subsection (a): | ||
(1) authorizes a parent to file a grievance with the | ||
principal of the district campus the parent's child attends or the | ||
person designated by the district to receive grievances for that | ||
campus; | ||
(2) requires that a principal or the person designated | ||
by the district to receive grievances for a campus: | ||
(A) acknowledge receipt of a grievance under | ||
Subdivision (1) not later than two school business days after | ||
receipt of the grievance; and | ||
(B) not later than the 14th school business day | ||
after receipt of a grievance described by Subdivision (1), provide | ||
to the parent who submitted the grievance written documentation of | ||
the decision regarding the issue that gave rise to the grievance, | ||
including: | ||
(i) an explanation of the findings that | ||
contributed to the decision; | ||
(ii) notification regarding the parent's | ||
right to appeal the decision; and | ||
(iii) the timeline for appealing the | ||
decision; | ||
(3) requires that, if a parent appeals a decision | ||
under Subdivision (2) not later than the 14th school business day | ||
after receiving notice of the decision, the superintendent or the | ||
superintendent's designee provide to the parent not later than the | ||
14th school business day after receipt of the appeal written | ||
documentation of the decision regarding the issue that gave rise to | ||
the grievance, including: | ||
(A) an explanation of the findings that | ||
contributed to the decision; | ||
(B) notification regarding the parent's right to | ||
appeal the decision; and | ||
(C) the timeline for appealing the decision; | ||
(4) requires that, if a parent appeals a decision | ||
under Subdivision (3) not later than the 14th school business day | ||
after receiving notice of the decision, the board hear the | ||
grievance in a closed session at the board's next regular meeting | ||
that occurs on or after the 14th school business day after the date | ||
the board receives notice of the appeal; and | ||
(5) requires that, not later than the 10th school | ||
business day after the date of a board meeting described by | ||
Subdivision (4), the board provide to the parent written | ||
documentation of the board's decision regarding the issue that gave | ||
rise to the grievance, including notice that the parent may appeal | ||
to the commissioner in writing under Section 7.057, if applicable. | ||
(d) The parties may mutually agree to adjust the timeline | ||
for the procedure under this section. | ||
(e) Notwithstanding Subsection (d), if a grievance | ||
submitted under this section involves an employee who is on | ||
documented leave that is scheduled to begin or has begun before the | ||
grievance is submitted, the district may alter the timeline for the | ||
procedure under this section to make a reasonable accommodation for | ||
the employee's leave. The district must provide notice of the | ||
change to the parent who submitted the grievance. | ||
SECTION 1.011. Chapter 26, Education Code, is amended by | ||
adding Sections 26.0111 and 26.0112 to read as follows: | ||
Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER. | ||
(a) This section applies only to a grievance regarding a violation | ||
of: | ||
(1) Section 28.0022, 28.004, or 28.0043 or Chapter 38 | ||
or the implementation of those provisions by a school district; or | ||
(2) Chapter 551, Government Code, involving school | ||
district personnel. | ||
(b) If a parent has exhausted the parent's options under the | ||
local grievance procedure established by the board of trustees of a | ||
school district under Section 26.011 regarding a grievance to which | ||
this section applies, and the grievance is not resolved to a | ||
parent's satisfaction, the parent may file a written request with | ||
the commissioner for a hearing before a hearing examiner under this | ||
section not later than the 30th school business day after the date | ||
on which the board of trustees of the district resolved the parent's | ||
grievance under Section 26.011. The parent must provide the | ||
district with a copy of the request and must provide the | ||
commissioner with a copy of the district's resolution of the | ||
grievance. The parties may agree in writing to extend by not more | ||
than 10 school business days the deadline for requesting a hearing. | ||
(c) The commissioner shall assign a hearing examiner to | ||
review the grievance in the manner provided by Section 21.254. The | ||
hearing examiner has the powers described by Sections 21.255 and | ||
21.256 and shall conduct the hearing in the manner provided by those | ||
sections as if the parent were a teacher. | ||
(d) Not later than the 60th business day after the date on | ||
which the commissioner receives a parent's written request for a | ||
hearing, the hearing examiner shall complete the hearing and make a | ||
written recommendation that includes proposed findings of fact and | ||
conclusions of law. The recommendation of the hearing examiner is | ||
final and may not be appealed. | ||
(e) Sections 21.257(c), (d), and (e) apply to a hearing | ||
under this section in the same manner as a hearing conducted under | ||
Subchapter F, Chapter 21. | ||
(f) Section 21.258 applies to the State Board of Education | ||
in the same manner as if the board were the board of trustees of the | ||
school district or board subcommittee. | ||
(g) Chapter 2001, Government Code, does not apply to the | ||
State Board of Education's actions regarding the recommendation of | ||
the hearing examiner. | ||
(h) The costs of the hearing examiner, the court reporter, | ||
the original hearing transcript, and any hearing room costs, if the | ||
hearing room is not provided by the school district, shall be paid | ||
by the school district if the hearing examiner finds in favor of the | ||
parent. | ||
(i) Notwithstanding Subsection (d), if a parent fails to | ||
appear at a hearing under this section, the hearing examiner is not | ||
required to complete the hearing and may not make a recommendation | ||
in favor of the parent. | ||
Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION. | ||
If a hearing examiner reviews and finds against a school district | ||
under Section 26.0111 in at least five grievances to which that | ||
section applies involving the district during a school year, the | ||
superintendent of the school district must appear before the State | ||
Board of Education to testify regarding the hearing examiner's | ||
findings and the frequency of grievances against the district. | ||
SECTION 1.012. Section 28.002, Education Code, is amended | ||
by adding Subsection (c-4) to read as follows: | ||
(c-4) The State Board of Education may not adopt standards | ||
in violation of Section 28.0043. | ||
SECTION 1.013. Subchapter A, Chapter 28, Education Code, is | ||
amended by adding Section 28.0043 to read as follows: | ||
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL | ||
ORIENTATION AND GENDER IDENTITY. (a) A school district, | ||
open-enrollment charter school, or district or charter school | ||
employee may not provide or allow a third party to provide | ||
instruction, guidance, activities, or programming regarding sexual | ||
orientation or gender identity to students enrolled in | ||
prekindergarten through 12th grade. | ||
(b) This section may not be construed to limit: | ||
(1) a student's ability to engage in speech or | ||
expressive conduct protected by the First Amendment to the United | ||
States Constitution or by Section 8, Article I, Texas Constitution, | ||
that does not result in material disruption to school activities; | ||
or | ||
(2) the ability of a person who is authorized by the | ||
district to provide physical or mental health-related services to | ||
provide the services to a student, subject to any required parental | ||
consent. | ||
SECTION 1.014. Section 28.02124, Education Code, is amended | ||
by amending Subsection (a) and adding Subsections (a-1) and (a-2) | ||
to read as follows: | ||
(a) Subject to Subsection (c), a parent or guardian may | ||
elect for a student to: | ||
(1) repeat prekindergarten; | ||
(2) enroll in prekindergarten, if the student would | ||
have been eligible to enroll in prekindergarten during the previous | ||
school year under Section 29.153(b) and the student has not yet | ||
enrolled in kindergarten; | ||
(3) repeat kindergarten; | ||
(4) enroll in kindergarten, if the student would have | ||
been eligible to enroll in kindergarten in the previous school year | ||
and has not yet enrolled in first grade; or | ||
(5) for grades one through eight [ |
||
grade in which the student was enrolled during the previous school | ||
year. | ||
(a-1) Subject to Subsection (c), for courses taken for high | ||
school credit, a parent or guardian may elect for a student to | ||
repeat any course in which the student was enrolled during the | ||
previous school year. A parent or guardian may not elect for a | ||
student to repeat a course under this subsection if the school | ||
district or open-enrollment charter school determines the student | ||
has met all of the requirements for graduation. | ||
(a-2) A parent or guardian may make an election under | ||
Subsection (a)(5) or (a-1), or both. | ||
SECTION 1.015. The heading to Section 28.022, Education | ||
Code, is amended to read as follows: | ||
Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY | ||
PERFORMANCE; CONFERENCES. | ||
SECTION 1.016. Section 28.022(a), Education Code, is | ||
amended to read as follows: | ||
(a) The board of trustees of each school district shall | ||
adopt a policy that: | ||
(1) provides for at least two opportunities for | ||
in-person conferences during each school year [ |
||
between each parent of a child enrolled in the district and the | ||
child's [ |
||
(2) requires the district, at least once every 12 | ||
weeks, to give written notice to a parent of a student's performance | ||
in each class or subject; and | ||
(3) requires the district, at least once every three | ||
weeks, or during the fourth week of each nine-week grading period, | ||
to give written notice to a parent or legal guardian of a student's | ||
performance in a subject included in the foundation curriculum | ||
under Section 28.002(a)(1) if the student's performance in the | ||
subject is consistently unsatisfactory, as determined by the | ||
district. | ||
SECTION 1.017. Subchapter B, Chapter 31, Education Code, is | ||
amended by adding Section 31.0236 to read as follows: | ||
Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL | ||
MATERIAL. (a) The agency shall adopt rules developing a process by | ||
which a school district may conduct a review of instructional | ||
materials used by a classroom teacher in a foundation curriculum | ||
course under Section 28.002(a)(1) to determine the degree to which | ||
the material: | ||
(1) complies with the instructional materials adopted | ||
by the school district; and | ||
(2) is appropriately rigorous for the grade level in | ||
which it is being used. | ||
(b) A review conducted under this section may only be | ||
conducted using a rubric developed by the agency and approved by the | ||
State Board of Education. | ||
(c) The agency, in developing a review process under | ||
Subsection (a): | ||
(1) shall minimize, to the extent possible, the time a | ||
classroom teacher is required to spend complying with a review | ||
conducted under this section; | ||
(2) may not require a teacher to spend more than 30 | ||
minutes on a single review conducted under this section unless the | ||
teacher determines that spending more than 30 minutes on the review | ||
is necessary; and | ||
(3) shall permit a regional education service center | ||
to conduct the review for a school district, if the center has | ||
completed the training offered by the agency under Subsection (d). | ||
(d) The agency shall provide to regional education service | ||
centers training relating to appropriately conducting a review | ||
under this section. | ||
SECTION 1.018. Section 12.104(b), Education Code, as | ||
amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. | ||
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29, except class size limits for prekindergarten | ||
classes imposed under Section 25.112, which do not apply; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) the provisions of Subchapter A, Chapter 39; | ||
(M) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(N) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(O) intensive programs of instruction under | ||
Section 28.0213; | ||
(P) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(Q) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(R) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(S) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(T) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(U) establishment of residency under Section | ||
25.001; | ||
(V) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(W) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; | ||
(X) the college, career, and military readiness | ||
plans under Section 11.186; [ |
||
(Y) [ |
||
under Section 28.02124; | ||
(Z) parental access to instructional materials | ||
and curricula under Section 26.0061; | ||
(AA) the adoption of a community engagement | ||
policy as provided by Section 26.0071; and | ||
(BB) parental rights to information regarding a | ||
student's mental, emotional, and physical health-related needs and | ||
related services offered by the school as provided by Section | ||
26.0083. | ||
SECTION 1.019. Section 28.004(i-3), Education Code, is | ||
repealed. | ||
ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM | ||
SECTION 2.001. The purpose of this article is to: | ||
(1) provide additional educational options to assist | ||
families in this state in exercising the right to direct the | ||
educational needs of their children; and | ||
(2) achieve a general diffusion of knowledge. | ||
SECTION 2.002. Chapter 29, Education Code, is amended by | ||
adding Subchapter J to read as follows: | ||
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM | ||
Sec. 29.351. DEFINITIONS. In this subchapter: | ||
(1) "Account" means an education savings account | ||
established under the program. | ||
(2) "Certified educational assistance organization" | ||
means an organization certified under Section 29.354 to support the | ||
administration of the program. | ||
(3) "Child with a disability" means a child who is | ||
eligible to participate in a school district's special education | ||
program under Section 29.003. | ||
(4) "Higher education provider" means an institution | ||
of higher education or a private or independent institution of | ||
higher education, as those terms are defined by Section 61.003. | ||
(5) "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. | ||
(6) "Program" means the program established under this | ||
subchapter. | ||
(7) "Program participant" means a child and a parent | ||
of a child enrolled in the program. | ||
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller | ||
shall establish a program to provide funding for approved | ||
education-related expenses of children participating in the | ||
program. | ||
Sec. 29.353. PROGRAM FUND. (a) The program fund is an | ||
account in the general revenue fund to be administered by the | ||
comptroller. | ||
(b) The fund is composed of: | ||
(1) general revenue transferred to the fund; | ||
(2) money appropriated to the fund; | ||
(3) gifts, grants, and donations received under | ||
Section 29.370; and | ||
(4) any other money available for purposes of the | ||
program. | ||
(c) Money in the fund may be appropriated only for the uses | ||
specified by this subchapter. | ||
Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE | ||
ORGANIZATIONS. (a) An organization may apply to the comptroller | ||
for certification as a certified educational assistance | ||
organization during an application period established by the | ||
comptroller. | ||
(b) To be eligible for certification, an organization must: | ||
(1) have the ability to perform the duties and | ||
functions required of a certified educational assistance | ||
organization under this subchapter; | ||
(2) be in good standing with the state; and | ||
(3) be able to assist the comptroller in administering | ||
the program, including the ability to: | ||
(A) accept, process, and track applications for | ||
the program; | ||
(B) assist prospective applicants, applicants, | ||
and program participants with finding preapproved education | ||
service providers and vendors of educational products; | ||
(C) accept and process payments for approved | ||
education-related expenses; and | ||
(D) verify that program funding is used only for | ||
approved education-related expenses. | ||
(c) The comptroller may certify not more than five | ||
educational assistance organizations to support the administration | ||
of the program, including by: | ||
(1) administering: | ||
(A) the application process under Section | ||
29.356; and | ||
(B) the program expenditures process under | ||
Section 29.360; and | ||
(2) assisting prospective applicants, applicants, and | ||
program participants with understanding approved education-related | ||
expenses and finding preapproved education service providers and | ||
vendors of educational products. | ||
Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to | ||
participate in the program and may, subject to available funding | ||
and the requirements of this subchapter, initially enroll in the | ||
program for the school year following the school year in which the | ||
child's application is submitted under Section 29.356 if the child: | ||
(1) is eligible to: | ||
(A) attend a public school under Section 25.001; | ||
or | ||
(B) enroll in a public school's prekindergarten | ||
program under Section 29.153; and | ||
(2) either: | ||
(A) attended any public school in this state for | ||
at least 90 percent of the school year preceding the school year for | ||
which the child applies to enroll in the program; or | ||
(B) is enrolling in prekindergarten or | ||
kindergarten for the first time, including a child who was | ||
homeschooled before enrollment. | ||
(a-1) Notwithstanding Subsection (a) and subject to Section | ||
29.356(b-1), a child is eligible to participate in the program if | ||
the child: | ||
(1) meets the qualifications under Subsection (a)(1); | ||
(2) attended private school on a full-time basis for | ||
the preceding school year; and | ||
(3) is a member of a household with a total annual | ||
income that is at or below 200 percent of the federal poverty | ||
guidelines. | ||
(b) A child who establishes eligibility under this section | ||
may, subject to available funding and the requirements of this | ||
subchapter, participate in the program until the earliest of the | ||
following dates: | ||
(1) the date on which the child graduates from high | ||
school; | ||
(2) the date on which the child is no longer eligible | ||
to attend a public school under Section 25.001; | ||
(3) the date on which the child enrolls in a public | ||
school, including an open-enrollment charter school, in a manner in | ||
which the child will be counted toward the school's average daily | ||
attendance for purposes of the allocation of funding under the | ||
foundation school program; or | ||
(4) the date on which the child is declared ineligible | ||
for the program by the comptroller under this subchapter. | ||
(c) Notwithstanding Subsection (a) or (b), a child is not | ||
eligible to participate in the program during the period in which | ||
the child's parent or legal guardian is a state representative or | ||
state senator. | ||
Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an | ||
eligible child may apply to a certified educational assistance | ||
organization to enroll the child in the program for the following | ||
school year. The comptroller shall establish quarterly deadlines | ||
by which an applicant must complete and submit an application form | ||
to participate in the program. | ||
(b) On receipt of more acceptable applications during an | ||
application period for admission under this section than available | ||
positions in the program due to insufficient funding, a certified | ||
educational assistance organization shall, at the direction of the | ||
comptroller: | ||
(1) for not more than two-thirds of the available | ||
positions, prioritize applicants who would otherwise attend a | ||
campus with an overall performance rating under Section 39.054 of | ||
C, D, or F; | ||
(2) fill the remaining available positions with | ||
applicants who would otherwise attend a campus with an overall | ||
performance rating under Section 39.054 of A or B; and | ||
(3) subject to Subdivisions (1) and (2), consider | ||
applications in the order received. | ||
(b-1) This subsection applies only to children who are | ||
eligible to participate in the program under Section 29.355(a-1). | ||
Not more than 10 percent of available positions in the program may | ||
be provided to children to whom this subsection applies. Each year, | ||
the comptroller shall notify each certified educational assistance | ||
organization regarding the number of children to whom this | ||
subsection applies that the organization may accept for | ||
participation in the program for that year. In accepting children | ||
to whom this subsection applies to participate in the program, a | ||
certified educational assistance organization shall ensure, to the | ||
extent feasible, that the organization accepts an equivalent number | ||
of children from each region of this state. | ||
(c) The comptroller shall create an application form for the | ||
program and each certified educational assistance organization | ||
shall make the application form readily available through various | ||
sources, including the organization's Internet website. The | ||
application form must state the quarterly application deadlines | ||
established by the comptroller under Subsection (a). Each | ||
organization shall ensure that the application form, including any | ||
required supporting document, is capable of being submitted to the | ||
organization electronically. | ||
(d) A certified educational assistance organization shall | ||
post on the organization's Internet website an applicant and | ||
participant handbook with a description of the program, including: | ||
(1) expenses allowed under the program under Section | ||
29.359; | ||
(2) a list of preapproved education service providers | ||
and vendors of educational products under Section 29.358; | ||
(3) a description of the application process under | ||
this section and the program expenditures process under Section | ||
29.360; and | ||
(4) a description of the responsibilities of program | ||
participants. | ||
(e) A certified educational assistance organization shall | ||
annually provide to the parent of each child participating in the | ||
program the information described by Subsection (d). The | ||
organization may provide the information electronically. | ||
(f) A certified educational assistance organization: | ||
(1) may require the parent of a child participating in | ||
the program to submit annual notice regarding the parent's intent | ||
for the child to continue participating in the program for the next | ||
school year; and | ||
(2) may not require a program participant in good | ||
standing to annually resubmit an application for continued | ||
participation in the program. | ||
Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding | ||
under the program, a parent of a child participating in the program | ||
must agree to: | ||
(1) spend money received through the program only for | ||
expenses allowed under Section 29.359; | ||
(2) share or authorize the administrator of an | ||
assessment instrument to share with the program participant's | ||
certified educational assistance organization the results of any | ||
assessment instrument required to be administered to the child | ||
under Section 29.358(b)(1)(B) or other law; | ||
(3) refrain from selling an item purchased with | ||
program money; and | ||
(4) notify the program participant's certified | ||
educational assistance organization not later than 30 business days | ||
after the date on which the child: | ||
(A) enrolls in a public school, including an | ||
open-enrollment charter school; | ||
(B) graduates from high school; or | ||
(C) is no longer eligible to either: | ||
(i) enroll in a public school under Section | ||
25.001; or | ||
(ii) enroll in a public school's | ||
prekindergarten program under Section 29.153. | ||
Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller | ||
shall by rule establish a process for the preapproval of education | ||
service providers and vendors of educational products for | ||
participation in the program. The comptroller shall allow for the | ||
submission of applications on a rolling basis. | ||
(b) The comptroller shall approve an education service | ||
provider or vendor of educational products for participation in the | ||
program if the provider or vendor: | ||
(1) for a private school, demonstrates: | ||
(A) accreditation by an organization recognized | ||
by: | ||
(i) the Texas Private School Accreditation | ||
Commission; or | ||
(ii) the agency; and | ||
(B) annual administration of a nationally | ||
norm-referenced assessment instrument or the appropriate | ||
assessment instrument required under Subchapter B, Chapter 39; | ||
(2) for a public school, demonstrates: | ||
(A) accreditation by the agency; and | ||
(B) the ability to provide services or products | ||
to children participating in the program in a manner in which the | ||
children are not counted toward the school's average daily | ||
attendance; | ||
(3) for a private tutor, therapist, or teaching | ||
service: | ||
(A) demonstrates that the tutor or therapist or | ||
each employee of the teaching service who intends to provide | ||
educational services to a child participating in the program: | ||
(i) is an educator employed by or a retired | ||
educator formerly employed by a school accredited by the agency, an | ||
organization recognized by the agency, or an organization | ||
recognized by the Texas Private School Accreditation Commission; | ||
(ii) holds a relevant license or | ||
accreditation issued by a state, regional, or national | ||
certification or accreditation organization; or | ||
(iii) is employed in or retired from a | ||
teaching or tutoring capacity at a higher education provider; | ||
(B) the tutor or therapist or each employee of | ||
the teaching service who intends to provide educational services to | ||
a child participating in the program either: | ||
(i) completes a national criminal history | ||
record information review; or | ||
(ii) provides to the comptroller | ||
documentation indicating that the tutor, therapist, or employee, as | ||
applicable, has completed a national criminal history record | ||
information review within a period established by comptroller rule; | ||
and | ||
(C) the tutor or therapist or each employee of | ||
the teaching service who intends to provide educational services to | ||
a child participating in the program is not included in the registry | ||
under Section 22.092; or | ||
(4) for a higher education provider, demonstrates | ||
nationally recognized postsecondary accreditation. | ||
(c) The comptroller 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 comptroller with any | ||
information requested by the comptroller to enable the comptroller | ||
to complete the review. | ||
(d) An education service provider or vendor of educational | ||
products shall provide information requested by the comptroller to | ||
verify the provider's or vendor's eligibility for preapproval under | ||
Subsection (b). The comptroller may not approve a provider or | ||
vendor if the comptroller cannot verify the provider's or vendor's | ||
eligibility for preapproval. | ||
(e) An education service provider or vendor of educational | ||
products that no longer satisfies the requirements of this section | ||
must notify the comptroller not later than the 30th business day | ||
after the date that the provider or vendor no longer meets the | ||
requirements. | ||
(f) This section may not be construed to allow a learning | ||
pod, as defined by Section 27.001, or a home school to qualify as an | ||
approved education service provider or vendor of educational | ||
products. | ||
Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a) | ||
Subject to Subsection (b), money received under the program may be | ||
used only for the following education-related expenses incurred by | ||
a child participating in the program at a preapproved education | ||
service provider or vendor of educational products: | ||
(1) tuition and fees for a private school; | ||
(2) the purchase of textbooks or other instructional | ||
materials or uniforms required by a school, higher education | ||
provider, or course in which the child is enrolled, including | ||
purchases made through a third-party vendor of educational | ||
products; | ||
(3) costs related to academic assessments; | ||
(4) fees for services provided by a private tutor or | ||
teaching service; | ||
(5) fees for transportation provided by a | ||
fee-for-service transportation provider for the child to travel to | ||
and from a preapproved education service provider or vendor of | ||
educational products; and | ||
(6) fees for educational therapies or services | ||
provided by a practitioner or provider, only for fees that are not | ||
covered by any federal, state, or local government benefits such as | ||
Medicaid or the Children's Health Insurance Program (CHIP) or by | ||
any private insurance that the child is enrolled in at the time of | ||
receiving the therapies or services. | ||
(b) Money received under the program may not be used to pay | ||
any person who is related to the program participant within the | ||
third degree by consanguinity or affinity, as determined under | ||
Chapter 573, Government Code. | ||
(c) A finding that a program participant used money | ||
distributed under the program to pay for an expense not allowed | ||
under Subsection (a) does not affect the validity of any payment | ||
made by the participant for an approved education-related expense | ||
that is allowed under that subsection. | ||
Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller | ||
shall disburse from the program fund to each certified educational | ||
assistance organization the amount specified under Section | ||
29.361(a) for each child participating in the program served by the | ||
organization. | ||
(b) To initiate payment to an education service provider or | ||
vendor of educational products for an education-related expense | ||
approved under Section 29.359, the parent of a child participating | ||
in the program must submit a request in a form prescribed by | ||
comptroller rule to the certified educational assistance | ||
organization that serves the child. | ||
(c) Subject to Subsection (d) and Sections 29.362(h) and | ||
29.364, on receiving a request under Subsection (b), a certified | ||
educational assistance organization shall verify that the request | ||
is for an expense approved under Section 29.359 and, not later than | ||
the 15th business day after the date the organization verifies the | ||
request, send payment to the education service provider or vendor | ||
of educational products. | ||
(d) A disbursement under this section may not exceed the | ||
applicable program participant's account balance. | ||
(e) A certified educational assistance organization shall | ||
provide program participants with electronic access to: | ||
(1) view the participant's current account balance; | ||
(2) initiate the payment process under Subsection (b); | ||
and | ||
(3) view a summary of the participant's past account | ||
activity, including payments from the account to education service | ||
providers and vendors of educational products. | ||
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless | ||
of the quarterly deadline by which the parent applies for | ||
enrollment in the program under Section 29.356(a), a parent of a | ||
child participating in the program shall receive each year that the | ||
child participates in the program payments from the state from | ||
funds available under Section 29.353 to the child's account equal | ||
to a total amount of $8,000. | ||
(b) This subsection applies only to a school district with a | ||
student enrollment of less than 20,000. For the first five school | ||
years during which a child residing in the district participates in | ||
the program, a school district to which this subsection applies is | ||
entitled to receive $10,000 from money appropriated for purposes of | ||
this subchapter. | ||
(c) Any money remaining in a child's account at the end of a | ||
fiscal year is carried forward to the next fiscal year unless | ||
another provision of this subchapter mandates the closure of the | ||
account. | ||
(d) The parent of a child participating in the program may | ||
make payments for the expenses of educational programs, services, | ||
and products not covered by money in the child's account. | ||
(e) A payment under Subsection (a) may not be financed using | ||
federal money or money from the available school fund or | ||
instructional materials fund. | ||
(f) Payments received under this subchapter do not | ||
constitute taxable income to a parent of a child participating in | ||
the program, unless otherwise provided by federal law. | ||
(g) Not later than May 1 of each year, the agency shall | ||
submit to the comptroller the data necessary to calculate the | ||
amount specified under Subsection (a). | ||
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt | ||
of money distributed by the comptroller for purposes of making | ||
payments to program participants, a certified educational | ||
assistance organization shall make quarterly payments to the | ||
account of each child participating in the program served by the | ||
organization in equal amounts on or before the first day of July, | ||
October, January, and April. | ||
(b) Each year, the comptroller may deduct from the total | ||
amount of money appropriated for purposes of this subchapter an | ||
amount, not to exceed three percent of that total amount, to cover | ||
the comptroller's cost of administering the program. | ||
(c) Not later than the first day of the month preceding the | ||
start of each quarter, each certified educational assistance | ||
organization shall submit to the comptroller in the form prescribed | ||
by comptroller rule an estimate of the organization's costs of | ||
administering the program for that quarter. | ||
(d) Each quarter, the comptroller shall disburse from money | ||
appropriated for the program to each certified educational | ||
assistance organization the amount necessary to cover the | ||
organization's costs of administering the program for that quarter, | ||
calculated as provided by Subsection (e). The total amount | ||
disbursed to a certified educational assistance organization under | ||
this subsection for a state fiscal year may not exceed five percent | ||
of the amount distributed to the organization under the program for | ||
that fiscal year. | ||
(e) The amount of a certified educational assistance | ||
organization's disbursement under Subsection (d) is the lesser of: | ||
(1) the amount of the organization's estimate | ||
submitted under Subsection (c); | ||
(2) the product of the total amount to be disbursed and | ||
the average percentage of program participants served by the | ||
organization during the preceding quarter; or | ||
(3) five percent of the amount distributed to the | ||
organization for purposes of making payments to program | ||
participants for that quarter. | ||
(f) On or before the first day of October and February, a | ||
certified educational assistance organization shall: | ||
(1) verify with the agency that each child | ||
participating in the program is not enrolled in a public school, | ||
including an open-enrollment charter school, in a manner in which | ||
the child is counted toward the school's average daily attendance | ||
for purposes of the allocation of state funding under the | ||
foundation school program; and | ||
(2) notify the comptroller if the organization | ||
determines that a child participating in the program is enrolled in | ||
a public school, including an open-enrollment charter school, in a | ||
manner in which the child is counted toward the school's average | ||
daily attendance for purposes of the allocation of state funding | ||
under the foundation school program. | ||
(g) The comptroller by rule shall establish a process by | ||
which a program participant may authorize the comptroller or a | ||
certified education assistance organization to make a payment | ||
directly from the participant's account to a preapproved education | ||
service provider or vendor of educational products for an expense | ||
allowed under Section 29.359. | ||
(h) On the date on which a child who participated in the | ||
program is no longer eligible to participate in the program under | ||
Section 29.355 and payments for any education-related expenses | ||
allowed under Section 29.359 from the child's account have been | ||
completed, the child's account shall be closed and any remaining | ||
money returned to the comptroller for deposit in the program fund. | ||
(i) Each quarter, any interest or other earnings | ||
attributable to money held by a certified education assistance | ||
organization for purposes of the program shall be remitted to the | ||
comptroller for deposit in the program fund. | ||
Sec. 29.363. AUDITING. (a) The comptroller shall contract | ||
with a private entity to audit accounts and student eligibility | ||
data not less than once per year to ensure compliance with | ||
applicable law and program requirements. The audit must include a | ||
review of: | ||
(1) a certified educational assistance organization's | ||
internal controls over program transactions; and | ||
(2) compliance by: | ||
(A) program participants with the requirements | ||
of Section 29.357; and | ||
(B) certified educational assistance | ||
organizations with the requirements of Section 29.354. | ||
(b) In conducting an audit, the private entity may require a | ||
program participant or a certified educational assistance | ||
organization to provide information and documentation regarding | ||
any transaction occurring under the program. | ||
(c) The private entity shall report to the comptroller any | ||
violation of this subchapter or other relevant law, including any | ||
transactions the entity determines to be unusual or suspicious, | ||
found by the entity during an audit conducted under this section. | ||
The comptroller shall report the violation or transaction to: | ||
(1) the applicable certified educational assistance | ||
organization; | ||
(2) the education service provider or vendor of | ||
educational products, as applicable; and | ||
(3) the parent of each child participating in the | ||
program who is affected by the violation or transaction. | ||
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller | ||
shall suspend the account of a program participant who fails to | ||
remain in good standing by complying with applicable law or a | ||
requirement of the program. | ||
(b) On suspension of an account under Subsection (a), the | ||
comptroller shall notify the program participant in writing that | ||
the account has been suspended and that no additional payments may | ||
be made from the account. The notification must specify the grounds | ||
for the suspension and state that the participant has 30 business | ||
days to respond and take any corrective action required by the | ||
comptroller. | ||
(c) On the expiration of the 30-day period under Subsection | ||
(b), the comptroller shall: | ||
(1) order closure of the suspended account; | ||
(2) order temporary reinstatement of the account, | ||
conditioned on the performance of a specified action by the program | ||
participant; or | ||
(3) order full reinstatement of the account. | ||
(d) The comptroller may recover money distributed under the | ||
program that was used for expenses not allowed under Section 29.359 | ||
or for a child who was not eligible to participate in the program at | ||
the time of the expenditure. The money may be recovered from the | ||
program participant or the entity that received the money in | ||
accordance with Subtitles A and B, Title 2, Tax Code, or as provided | ||
by other law if the program participant's account is suspended or | ||
closed under this section. The comptroller shall deposit money | ||
recovered under this subsection to the credit of the program fund. | ||
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An | ||
education service provider or vendor of educational products may | ||
not charge a child participating in the program an amount greater | ||
than the standard amount charged for that service or product by the | ||
provider or vendor. | ||
(b) An education service provider or vendor of educational | ||
products receiving money distributed under the program may not in | ||
any manner rebate, refund, or credit to or share with a program | ||
participant, or any person on behalf of a participant, any program | ||
money paid or owed by the participant to the provider or vendor. | ||
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the | ||
comptroller obtains evidence of fraudulent use of an account or | ||
money distributed under the program by a certified educational | ||
assistance organization or program participant, the comptroller | ||
shall notify the appropriate local county or district attorney with | ||
jurisdiction over the principal place of business of the certified | ||
educational assistance organization or the residence of the program | ||
participant, as applicable. | ||
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified | ||
educational assistance organization shall post on the | ||
organization's Internet website and provide to each parent who | ||
submits an application for the program a notice that: | ||
(1) states that a private school is not subject to | ||
federal and state laws regarding the provision of educational | ||
services to a child with a disability in the same manner as a public | ||
school; and | ||
(2) provides information regarding rights to which a | ||
child with a disability is entitled under federal and state law if | ||
the child attends a public school, including: | ||
(A) rights provided under the Individuals with | ||
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and | ||
(B) rights provided under Subchapter A. | ||
(b) A private school in which a child with a disability who | ||
is a program participant enrolls shall provide to the child's | ||
parent a copy of the notice required under Subsection (a). | ||
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR | ||
AUTONOMY. (a) An education service provider or vendor of | ||
educational products that receives money distributed under the | ||
program is not a recipient of federal financial assistance and may | ||
not be considered to be an agent of state government on the basis of | ||
receiving that money. | ||
(b) A rule adopted or other governmental action taken | ||
related to the program may not impose requirements that are | ||
contrary to or limit the religious or institutional values or | ||
practices of an education service provider, vendor of educational | ||
products, or program participant, including by limiting the ability | ||
of the provider, vendor, or participant, as applicable, to: | ||
(1) determine the methods of instruction or curriculum | ||
used to educate students; | ||
(2) determine admissions and enrollment practices, | ||
policies, and standards; | ||
(3) modify or refuse to modify the provider's, | ||
vendor's, or participant's religious or institutional values or | ||
practices, including operations, conduct, policies, standards, | ||
assessments, or employment practices that are based on the | ||
provider's, vendor's, or participant's religious or institutional | ||
values or practices; or | ||
(4) exercise the provider's, vendor's, or | ||
participant's religious or institutional practices as determined | ||
by the provider, vendor, or participant. | ||
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On | ||
request by the parent of a child participating or seeking to | ||
participate in the program, the school district or open-enrollment | ||
charter school that the child would otherwise attend shall provide | ||
a copy of the child's school records possessed by the district or | ||
school, if any, to the child's parent or, if applicable, the private | ||
school the child attends. | ||
(b) As necessary to verify a child's eligibility for the | ||
program, the agency, a school district, or an open-enrollment | ||
charter school shall provide to a certified educational assistance | ||
organization any information available to the agency, district, or | ||
school requested by the organization regarding a child who | ||
participates or seeks to participate in the program, including | ||
information regarding the child's public school enrollment status | ||
and whether the child can be counted toward a public school's | ||
average daily attendance for purposes of the allocation of funding | ||
under the foundation school program. The organization may not | ||
retain information provided under this subsection beyond the period | ||
necessary to determine a child's eligibility to participate in the | ||
program. | ||
(c) The certified educational assistance organization or an | ||
education service provider or vendor of educational products that | ||
obtains information regarding a child participating in the program: | ||
(1) shall comply with state and federal law regarding | ||
the confidentiality of student educational information; and | ||
(2) may not sell or otherwise distribute information | ||
regarding a child participating in the program. | ||
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller | ||
and a certified educational assistance organization may solicit and | ||
accept gifts, grants, and donations from any public or private | ||
source for any expenses related to the administration of the | ||
program, including establishing the program and contracting for the | ||
report required under Section 29.371. | ||
Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall | ||
require that each certified educational assistance organization | ||
compile program data and produce an annual longitudinal report | ||
regarding: | ||
(1) the number of program applications received, | ||
accepted, and waitlisted, disaggregated by age; | ||
(2) program participant satisfaction; | ||
(3) the results of assessment instruments shared in | ||
accordance with Section 29.357(2); | ||
(4) the effect of the program on public and private | ||
school capacity, availability, and quality; | ||
(5) the amount of cost savings accruing to the state as | ||
a result of the program; | ||
(6) in a report submitted in an even-numbered year | ||
only, an estimate of the total amount of funding required for the | ||
program for the next state fiscal biennium; | ||
(7) the amount of gifts, grants, and donations | ||
received under Section 29.370; and | ||
(8) based on surveys of former program participants or | ||
other sources available to an organization, the number and | ||
percentage of children participating in the program who, within one | ||
year after graduating from high school, are: | ||
(A) college ready, as indicated by earning a | ||
minimum of 12 non-remedial semester credit hours or the equivalent | ||
or an associate degree from a postsecondary educational | ||
institution; | ||
(B) career ready, as indicated by: | ||
(i) earning a credential of value included | ||
in the library of credentials established under Section 2308A.007, | ||
Government Code; or | ||
(ii) employment at or above the median wage | ||
in the child's region; or | ||
(C) military ready, as indicated by achieving a | ||
passing score set by the applicable military branch on the Armed | ||
Services Vocational Aptitude Battery and enlisting in the armed | ||
forces of the United States or the Texas National Guard. | ||
(b) In producing the report, each certified educational | ||
assistance organization shall: | ||
(1) use appropriate analytical and behavioral science | ||
methodologies to ensure public confidence in the report; and | ||
(2) comply with the requirements regarding the | ||
confidentiality of student educational information under the | ||
Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
Section 1232g). | ||
(c) The report must cover a period of not less than five | ||
years and include, subject to Subsection (b)(2), the data analyzed | ||
and methodology used. | ||
(d) The comptroller and each certified educational | ||
assistance organization shall post the report on the comptroller's | ||
and organization's respective Internet websites. | ||
Sec. 29.372. RULES; PROCEDURES. The comptroller shall | ||
adopt rules and procedures as necessary to implement, administer, | ||
and enforce this subchapter. | ||
Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program | ||
participant may appeal to the comptroller an administrative | ||
decision made by the comptroller or a certified educational | ||
assistance organization under this subchapter, including a | ||
decision regarding eligibility, allowable expenses, or the | ||
participant's removal from the program. | ||
(b) A program participant, education service provider, or | ||
vendor of educational products who is adversely affected or | ||
aggrieved by a decision made by the comptroller or a certified | ||
educational assistance organization under this subchapter may file | ||
a suit challenging the decision in a district court in the county in | ||
which the program participant resides or the provider or vendor has | ||
its principal place of business, as applicable. | ||
Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A | ||
program participant, education service provider, or vendor of | ||
educational products may intervene in any civil action challenging | ||
the constitutionality of the program. | ||
(b) A court in which a civil action described by Subsection | ||
(a) is filed may require that all program participants, education | ||
service providers, and vendors of educational products wishing to | ||
intervene in the action file a joint brief. A program participant, | ||
education service provider, or vendor of educational products may | ||
not be required to join a brief filed on behalf of the state or a | ||
state agency. | ||
SECTION 2.003. Section 22.092(d), Education Code, is | ||
amended to read as follows: | ||
(d) The agency shall provide equivalent access to the | ||
registry maintained under this section to: | ||
(1) private schools; | ||
(2) public schools; [ |
||
(3) nonprofit teacher organizations approved by the | ||
commissioner for the purpose of participating in the tutoring | ||
program established under Section 33.913; and | ||
(4) the comptroller for the purpose of preapproving | ||
education service providers and vendors of educational products | ||
under Section 29.358 for participation in the program established | ||
under Subchapter J, Chapter 29. | ||
SECTION 2.004. Section 411.109, Government Code, is amended | ||
by adding Subsection (c) to read as follows: | ||
(c) The comptroller is entitled to obtain criminal history | ||
record information maintained by the department about a person who | ||
is a private tutor, a therapist, or an employee of a teaching | ||
service or school who intends to provide educational services to a | ||
child participating in the program established under Subchapter J, | ||
Chapter 29, Education Code, and is seeking approval to receive | ||
money distributed under that program. | ||
SECTION 2.005. Subchapter J, Chapter 29, Education Code, as | ||
added by this article, applies beginning with the 2024-2025 school | ||
year. | ||
SECTION 2.006. (a) Not later than February 15, 2024, the | ||
comptroller of public accounts shall adopt rules as provided by | ||
Section 29.372, Education Code, as added by this article. | ||
(b) The comptroller of public accounts may identify rules | ||
required by the passage of Subchapter J, Chapter 29, Education | ||
Code, as added by this article, that must be adopted on an emergency | ||
basis for purposes of the 2024-2025 school year and may use the | ||
procedures established under Section 2001.034, Government Code, | ||
for adopting those rules. The comptroller of public accounts is not | ||
required to make the finding described by Section 2001.034(a), | ||
Government Code, to adopt emergency rules under this subsection. | ||
SECTION 2.007. (a) The constitutionality and other | ||
validity under the state or federal constitution of all or any part | ||
of Subchapter J, Chapter 29, Education Code, as added by this | ||
article, may be determined in an action for declaratory judgment | ||
under Chapter 37, Civil Practice and Remedies Code, in a district | ||
court in the county in which the violation is alleged to have | ||
occurred or where the plaintiff resides or has its principal place | ||
of business. | ||
(b) An order, however characterized, of a trial court | ||
granting or denying a temporary or otherwise interlocutory | ||
injunction or a permanent injunction on the grounds of the | ||
constitutionality or unconstitutionality, or other validity or | ||
invalidity, under the state or federal constitution of all or any | ||
part of Subchapter J, Chapter 29, Education Code, as added by this | ||
article, may be reviewed only by direct appeal to the Texas Supreme | ||
Court filed not later than the 15th business day after the date on | ||
which the order was entered. The Texas Supreme Court shall give | ||
precedence to appeals under this section over other matters. | ||
(c) The direct appeal is an accelerated appeal. | ||
(d) This section exercises the authority granted by Section | ||
3-b, Article V, Texas Constitution. | ||
(e) The filing of a direct appeal under this section will | ||
automatically stay any temporary or otherwise interlocutory | ||
injunction or permanent injunction granted in accordance with this | ||
section pending final determination by the Texas Supreme Court, | ||
unless the supreme court makes specific findings that the applicant | ||
seeking such injunctive relief has pleaded and proved that: | ||
(1) the applicant has a probable right to the relief it | ||
seeks on final hearing; | ||
(2) the applicant will suffer a probable injury that | ||
is imminent and irreparable, and that the applicant has no other | ||
adequate legal remedy; and | ||
(3) maintaining the injunction is in the public | ||
interest. | ||
(f) An appeal under this section, including an | ||
interlocutory, accelerated, or direct appeal, is governed, as | ||
applicable, by the Texas Rules of Appellate Procedure, including | ||
Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b), | ||
40.1(b), and 49.4. | ||
(g) This section does not authorize an award of attorney's | ||
fees against this state, and Section 37.009, Civil Practice and | ||
Remedies Code, does not apply to an action filed under this section. | ||
(h) This section does not authorize a taxpayer suit to | ||
contest the denial of a tax credit by the comptroller of public | ||
accounts. | ||
SECTION 2.008. It is the intent of the legislature that | ||
every provision, section, subsection, sentence, clause, phrase, or | ||
word in this article, and every application of the provisions in | ||
this article to each person or entity, is severable from each other. | ||
If any application of any provision in this article to any person, | ||
group of persons, or circumstances is found by a court to be invalid | ||
for any reason, the remaining applications of that provision to all | ||
other persons and circumstances shall be severed and may not be | ||
affected. | ||
ARTICLE 3. TRANSITION; EFFECTIVE DATE | ||
SECTION 3.001. To the extent of any conflict, this Act | ||
prevails over another Act of the 88th Legislature, Regular Session, | ||
2023, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 3.002. (a) Except as provided by Subsection (b) of | ||
this section, 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, 2023. | ||
(b) Article 2 of this Act takes effect September 1, 2023. |