81R13868 EAH-F By: Patrick H.B. No. 2823 A BILL TO BE ENTITLED AN ACT relating to eligible recipients of certain grants awarded by the commissioner of education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.917, Education Code, is amended by amending Subsection (a) and adding Subsection (d) to read as follows: (a) From funds appropriated for the purpose, the commissioner may award grants to organizations that provide volunteers to teach classroom or after-school programs to students enrolled in a school district or open-enrollment charter school to enhance: (1) college readiness; (2) workforce readiness; (3) dropout prevention; or (4) personal financial literacy. (d) This section does not authorize the commissioner to award a grant to an organization to provide a comprehensive educational program to students that serves as a substitute for a regular educational program provided by a school district or open-enrollment charter school. This section authorizes the commissioner to award a grant to an organization only for the provision of supplemental programs described by Subsection (a). SECTION 2. Section 39.361(c), Education Code, is amended to read as follows: (c) To meet the goals of the council's strategic plan, the [The] commissioner of education or the commissioner of higher education, as applicable, shall consider the council's recommendations and based on those recommendations may award grants listed in Subsection (a) to school districts, open-enrollment charter schools, institutions of higher education, regional education service centers, and nonprofit organizations that provide technical assistance, professional development, case-managed student services, and programs for the benefit of students enrolled in school districts or open-enrollment charter schools [to meet the goals of the council's strategic plan]. SECTION 3. Subchapter L, Chapter 39, Education Code, is amended by adding Section 39.367 to read as follows: Sec. 39.367. CERTAIN GRANTS TO NONPROFIT ORGANIZATIONS NOT AUTHORIZED. This subchapter does not authorize the commissioner to award a grant to a nonprofit organization for services provided as a private school or to a private school. SECTION 4. It is the intent of the legislature that the grants that may not be awarded to an organization or nonprofit organization under Sections 29.917(d) and 39.367, Education Code, as added by this Act, include dropout recovery grants, such as the grants awarded in 2008 in response to the Texas Education Agency's Request for Applications (RFA) 701-08-116. SECTION 5. 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, 2009.