Texas 2009 - 81st Regular

Texas Senate Bill SB183 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R2111 CAS-D
2	2	By: Williams S.B. No. 183
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a school choice program for certain students with
8	8	disabilities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 29, Education Code, is amended by adding
11	11	Subchapter J to read as follows:
12	12	SUBCHAPTER J. SCHOOL CHOICE PROGRAM FOR STUDENTS WITH DISABILITIES
13	13	Sec. 29.351. DEFINITIONS. In this subchapter:
14	14	(1) "Parent" includes a guardian, custodian, or other
15	15	person with authority to act on behalf of a student.
16	16	(2) "Program" means the school choice program
17	17	described by this subchapter.
18	18	(3) "Qualifying school" means a nongovernmental
19	19	community-based educational establishment that exists for the
20	20	public good and provides for the education needs of elementary and
21	21	secondary students with disabilities. The term does not include a
22	22	school that provides education in a home setting or that limits
23	23	enrollment to relatives of the school's staff.
24	24	Sec. 29.352. PROGRAM. An eligible student under Section
25	25	29.353 may, at the option of the student's parent:
26	26	(1) attend any public school in the school district in
27	27	which the student resides as provided by Subchapter G;
28	28	(2) subject to the limitations of Section 29.203,
29	29	attend a public school in a district other than the district in
30	30	which the student resides as provided by Subchapter G; or
31	31	(3) receive a scholarship as provided by Section
32	32	29.354 to pay the costs of attending a qualifying school.
33	33	Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible
34	34	to participate in the program if:
35	35	(1) the student is in kindergarten through grade 12
36	36	and eligible under Section 29.003 to participate in a school
37	37	district's special education program; and
38	38	(2) an individualized educational program has been
39	39	developed for the student under Section 29.005.
40	40	(b) A school district shall provide written notice of the
41	41	program to the parent of a student who is eligible to participate in
42	42	the program under Subsection (a).
43	43	(c) A student who establishes eligibility under this
44	44	section may continue participating in the program until the earlier
45	45	of the date the student graduates from high school or the student's
46	46	22nd birthday.
47	47	Sec. 29.354. FINANCING; SCHOLARSHIP. (a) A student who
48	48	attends a qualifying school under this subchapter is entitled to
49	49	receive an annual scholarship in an amount equal to the amount of
50	50	funding to which the school district in which the student resides
51	51	would be entitled under Section 42.151 for the student.
52	52	(b) On application by the parent of an eligible student, the
53	53	agency shall determine a student's eligibility in accordance with
54	54	rules adopted under Section 29.359. If the agency determines that
55	55	the student is eligible for participation in the program, the
56	56	agency shall issue a scholarship certificate to the parent. The
57	57	parent shall endorse and present the certificate to the qualifying
58	58	school chosen by the parent.
59	59	(c) The qualifying school the student attends must endorse
60	60	and present the student's scholarship certificate to the agency to
61	61	receive payment. The agency shall distribute to the qualifying
62	62	school the amount of the student's scholarship under Subsection
63	63	(a).
64	64	(d) The agency shall direct the distribution of funds to the
65	65	qualifying school the student attends on a monthly pro rata basis
66	66	after educational services have been provided. The agency shall
67	67	require that the qualifying school submit documentation of the
68	68	student's attendance before the agency directs funds to the
69	69	qualifying school. The payment shall be made not later than the 30th
70	70	day after the date on which the agency receives from the qualifying
71	71	school a request for payment.
72	72	(e) The student's scholarship is the entitlement of the
73	73	student, under the supervision of the student's parent, and not
74	74	that of any school.
75	75	(f) A qualifying school may not share a student's
76	76	scholarship with or refund or rebate a student's scholarship to the
77	77	parent or the student in any manner.
78	78	(g) A student's scholarship may not be financed by money
79	79	appropriated from the available school fund.
80	80	Sec. 29.355. PARTICIPATION BY QUALIFYING SCHOOLS. To
81	81	participate in the program, a qualifying school must:
82	82	(1) be accredited by or have filed an application for
83	83	accreditation by an accrediting association recognized by the
84	84	commissioner to accredit nongovernmental schools in this state; and
85	85	(2) not advocate or foster unlawful behavior or teach
86	86	hatred of any person or group on the basis of race, ethnicity,
87	87	national origin, or religion.
88	88	Sec. 29.356. ADMISSIONS. (a) A qualifying school chosen by
89	89	an eligible student's parent under this subchapter may not deny
90	90	admission by discriminating on the basis of the student's race,
91	91	ethnicity, or national origin and must comply with the requirements
92	92	of:
93	93	(1) 42 U.S.C. Section 2000d et seq. with respect to
94	94	nondiscrimination on the basis of race, color, or national origin;
95	95	and
96	96	(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
97	97	Section 794), with respect to nondiscrimination on the basis of
98	98	disability.
99	99	(b) Except as provided by this subsection, a qualifying
100	100	school that has more qualified scholarship applicants for
101	101	attendance under this subchapter than available positions must fill
102	102	the available scholarship positions by a random selection process.
103	103	To achieve continuity in education, a school may give preference
104	104	among scholarship applicants to a previously enrolled student and
105	105	to other students residing in the same household as a previously
106	106	enrolled student.
107	107	(c) A qualifying school may submit a written request for
108	108	student records from the public school previously attended by an
109	109	eligible student. On receipt of a request submitted under this
110	110	subsection, the public school shall in a timely manner deliver to
111	111	the qualifying school a copy of the school's complete student
112	112	records for that student, including attendance records,
113	113	disciplinary records, past results of any assessment instruments
114	114	administered to the student, the student's individualized
115	115	educational program, and any other comprehensive assessments from
116	116	each school the student previously attended. A public school that
117	117	is required to release student records under this subsection shall
118	118	comply with any applicable provision of the Family Educational
119	119	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
120	120	Sec. 29.357. ACCOUNTABILITY. (a) Each qualifying school
121	121	that enrolls a student under this subchapter shall annually
122	122	administer in the spring:
123	123	(1) the appropriate assessment instrument required
124	124	under Section 39.023; or
125	125	(2) a nationally norm-referenced assessment
126	126	instrument approved by the agency.
127	127	(b) The school shall provide:
128	128	(1) the student's results to the student's parent; and
129	129	(2) the aggregated results of the assessment
130	130	instruments to the public.
131	131	Sec. 29.358. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying
132	132	school that accepts a scholarship under this subchapter is not an
133	133	agent or arm of the state or federal government.
134	134	(b) Except as provided by this subchapter, the
135	135	commissioner, the agency, the State Board of Education, or any
136	136	other state agency may not regulate the educational program of a
137	137	qualifying school that accepts a scholarship under this subchapter.
138	138	Sec. 29.359. RULES. (a) The commissioner shall adopt rules
139	139	as necessary to implement, administer, and enforce the program,
140	140	including rules regarding:
141	141	(1) the calculation and distribution of payments for
142	142	qualifying schools; and
143	143	(2) application and approval procedures for
144	144	qualifying school and student participation in the program.
145	145	(b) A rule adopted under this section is binding on any
146	146	other state or local governmental entity, including a political
147	147	subdivision, as necessary to implement, administer, and enforce the
148	148	program.
149	149	Sec. 29.360. PROGRAM COMPLIANCE. (a) The agency shall
150	150	respond to and investigate any complaint or dispute arising under
151	151	this subchapter.
152	152	(b) The agency shall enforce this subchapter and any rule
153	153	adopted under this subchapter and may withhold funds from any
154	154	school district or qualifying school that violates this subchapter
155	155	or a rule adopted under this subchapter.
156	156	SECTION 2. Section 29.202(a), Education Code, is amended to
157	157	read as follows:
158	158	(a) A student is eligible to receive a public education
159	159	grant or to attend another public school in the district in which
160	160	the student resides under this subchapter if:
161	161	(1) the student is assigned to attend a public school
162	162	campus:
163	163	(A) [(1)] at which 50 percent or more of the
164	164	students did not perform satisfactorily on an assessment instrument
165	165	administered under Section 39.023(a) or (c) in any two of the
166	166	preceding three years; or
167	167	(B) [(2)] that was, at any time in the preceding
168	168	three years, considered academically unacceptable under Section
169	169	39.132; or
170	170	(2) the student is eligible to participate in the
171	171	school choice program under Subchapter J.
172	172	SECTION 3. (a) The Texas Education Agency shall make the
173	173	school choice program as provided by Subchapter J, Chapter 29,
174	174	Education Code, as added by this Act, available for participation
175	175	beginning with the 2009-2010 academic school year.
176	176	(b) As soon as practicable, the commissioner of education
177	177	shall adopt and implement rules necessary for the administration of
178	178	the program.
179	179	SECTION 4. (a) The constitutionality and other validity
180	180	under the state or federal constitution of all or any part of
181	181	Subchapter J, Chapter 29, Education Code, as added by this Act, may
182	182	be determined in an action for declaratory judgment in a district
183	183	court in Travis County under Chapter 37, Civil Practice and
184	184	Remedies Code.
185	185	(b) An appeal of a declaratory judgment or order, however
186	186	characterized, of a district court, including an appeal of the
187	187	judgment of an appellate court, holding or otherwise determining
188	188	that all or any part of Subchapter J, Chapter 29, Education Code, as
189	189	added by this Act, is constitutional or unconstitutional, or
190	190	otherwise valid or invalid, under the state or federal constitution
191	191	is an accelerated appeal.
192	192	(c) If the judgment or order is interlocutory, an
193	193	interlocutory appeal may be taken from the judgment or order and is
194	194	an accelerated appeal.
195	195	(d) A district court in Travis County may grant or deny a
196	196	temporary or otherwise interlocutory injunction or a permanent
197	197	injunction on the grounds of the constitutionality or
198	198	unconstitutionality, or other validity or invalidity, under the
199	199	state or federal constitution of all or any part of Subchapter J,
200	200	Chapter 29, Education Code, as added by this Act.
201	201	(e) There is a direct appeal to the supreme court from an
202	202	order, however characterized, of a trial court granting or denying
203	203	a temporary or otherwise interlocutory injunction or a permanent
204	204	injunction on the grounds of the constitutionality or
205	205	unconstitutionality, or other validity or invalidity, under the
206	206	state or federal constitution of all or any part of Subchapter J,
207	207	Chapter 29, Education Code, as added by this Act.
208	208	(f) The direct appeal is an accelerated appeal.
209	209	(g) This section exercises the authority granted by Section
210	210	3-b, Article V, Texas Constitution.
211	211	(h) The filing of a direct appeal under this section will
212	212	automatically stay any temporary or otherwise interlocutory
213	213	injunction or permanent injunction granted in accordance with this
214	214	section pending final determination by the supreme court, unless
215	215	the supreme court makes specific findings that the applicant
216	216	seeking such injunctive relief has pleaded and proved that:
217	217	(1) the applicant has a probable right to the relief it
218	218	seeks on final hearing; and
219	219	(2) the applicant will suffer a probable injury that
220	220	is imminent and irreparable, and that the applicant has no other
221	221	adequate legal remedy.
222	222	(i) An appeal under this section, including an
223	223	interlocutory, accelerated, or direct appeal, is governed, as
224	224	applicable, by the Texas Rules of Appellate Procedure, including
225	225	Rules 25.1(d)(6), 26.1(b), 28.1, 28.3, 32.1(g), 37.3(a)(1),
226	226	38.6(a) and (b), 40.1(b), and 49.4.
227	227	SECTION 5. This Act takes effect immediately if it receives
228	228	a vote of two-thirds of all the members elected to each house, as
229	229	provided by Section 39, Article III, Texas Constitution. If this
230	230	Act does not receive the vote necessary for immediate effect, this
231	231	Act takes effect September 1, 2009.