Texas 2013 - 83rd Regular

Texas Senate Bill SB115 Compare Versions

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1	1	By: Williams, Campbell, Patrick S.B. No. 115
2	2	(In the Senate - Filed November 12, 2012; January 29, 2013,
3	3	read first time and referred to Committee on Education;
4	4	April 17, 2013, reported adversely, with favorable Committee
5	5	Substitute by the following vote: Yeas 5, Nays 2; April 17, 2013,
6	6	sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 115 By: Lucio
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to a school choice program for certain students with
13	13	disabilities.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Chapter 29, Education Code, is amended by adding
16	16	Subchapter J to read as follows:
17	17	SUBCHAPTER J. SCHOOL CHOICE PROGRAM FOR STUDENTS WITH
18	18	DISABILITIES
19	19	Sec. 29.351. DEFINITIONS. In this subchapter:
20	20	(1) "Parent" includes a guardian, custodian, or other
21	21	person with authority to act on behalf of a student.
22	22	(2) "Program" means the school choice program
23	23	described by this subchapter.
24	24	(3) "Qualifying school" means a nongovernmental
25	25	community-based educational establishment that exists for the
26	26	public good and provides for the education needs of elementary and
27	27	secondary students with disabilities. The term does not include a
28	28	school that provides education in a home setting or that limits
29	29	enrollment to relatives of the school's staff.
30	30	Sec. 29.352. PROGRAM. An eligible student under Section
31	31	29.353 may, at the option of the student's parent:
32	32	(1) attend any public school in the school district in
33	33	which the student resides as provided by Subchapter G;
34	34	(2) subject to the limitations of Section 29.203,
35	35	attend a public school in a district other than the district in
36	36	which the student resides as provided by Subchapter G; or
37	37	(3) receive a scholarship as provided by Section
38	38	29.354 to pay the costs of attending a qualifying school.
39	39	Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible
40	40	to participate in the program if:
41	41	(1) the student is in kindergarten through grade 12
42	42	and eligible under Section 29.003 to participate in a school
43	43	district's special education program; and
44	44	(2) an individualized education program has been
45	45	developed for the student under Section 29.005.
46	46	(b) A school district shall provide written notice of the
47	47	program to the parent of a student who is eligible to participate in
48	48	the program under Subsection (a). The notice under this subsection
49	49	must inform the parent that a qualifying school is not subject to
50	50	laws regarding the provision of education services in the same
51	51	manner as a public school, and a student with disabilities
52	52	attending a qualifying school may not receive the services a
53	53	student with disabilities attending a public school is entitled to
54	54	receive under federal and state law. The notice must provide
55	55	information regarding rights a student with disabilities is
56	56	entitled to under federal and state law if the student attends a
57	57	public school, including:
58	58	(1) rights provided under the Individuals with
59	59	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
60	60	including:
61	61	(A) an individualized education program;
62	62	(B) education services provided in the least
63	63	restrictive environment;
64	64	(C) instruction from certified teachers;
65	65	(D) due process hearings to ensure proper and
66	66	full implementation of an individualized education program;
67	67	(E) transition and planning services; and
68	68	(F) supplementary aids and services;
69	69	(2) rights provided under Subchapter A; and
70	70	(3) other rights provided under federal or state law.
71	71	(c) A student who establishes eligibility under this
72	72	section may continue participating in the program until the earlier
73	73	of the date the student graduates from high school or the student's
74	74	22nd birthday.
75	75	Sec. 29.354. FINANCING; SCHOLARSHIP. (a) A student who
76	76	attends a qualifying school under this subchapter is entitled to
77	77	receive an annual scholarship in an amount equal to the amount of
78	78	funding to which the school district in which the student resides
79	79	would be entitled under Chapter 42 for the student. If the cost of
80	80	attending the qualifying school is less than the amount the student
81	81	would be entitled to under this subsection, the amount of the
82	82	scholarship shall be reduced to the amount necessary to pay the
83	83	costs of attending the qualifying school.
84	84	(b) On application by the parent of an eligible student, the
85	85	agency shall determine a student's eligibility in accordance with
86	86	rules adopted under Section 29.359. If the agency determines that
87	87	the student is eligible for participation in the program, the
88	88	agency shall issue a scholarship certificate to the parent. The
89	89	parent shall endorse and present the certificate to the qualifying
90	90	school chosen by the parent.
91	91	(c) The qualifying school the student attends must endorse
92	92	and present the student's scholarship certificate with
93	93	documentation relating to the costs for the student to attend the
94	94	qualifying school to the agency to receive payment. The agency
95	95	shall distribute to the qualifying school the amount of the
96	96	student's scholarship under Subsection (a).
97	97	(d) The agency shall direct the distribution of funds to the
98	98	qualifying school the student attends on a monthly pro rata basis
99	99	after educational services have been provided. The agency shall
100	100	require that the qualifying school submit documentation of the
101	101	student's attendance before the agency directs funds to the
102	102	qualifying school. The payment shall be made not later than the
103	103	30th day after the date on which the agency receives from the
104	104	qualifying school a request for payment.
105	105	(e) The student's scholarship is the entitlement of the
106	106	student, under the supervision of the student's parent, and not
107	107	that of any school.
108	108	(f) A qualifying school may not share a student's
109	109	scholarship with or refund or rebate a student's scholarship to the
110	110	parent or the student in any manner.
111	111	(g) A student's scholarship may not be financed by money
112	112	appropriated from the available school fund.
113	113	Sec. 29.355. PARTICIPATION BY QUALIFYING SCHOOLS. To
114	114	participate in the program, a qualifying school must:
115	115	(1) be accredited by or have filed an application for
116	116	accreditation by an accrediting association recognized by the
117	117	commissioner to accredit nongovernmental schools in this state;
118	118	(2) not advocate or foster unlawful behavior or teach
119	119	hatred of any person or group on the basis of race, ethnicity,
120	120	national origin, or religion; and
121	121	(3) agree to fully comply with the individualized
122	122	education program developed for a student under Section 29.005.
123	123	Sec. 29.356. ADMISSIONS. (a) A qualifying school chosen
124	124	by an eligible student's parent under this subchapter:
125	125	(1) may not deny admission by discriminating on the
126	126	basis of the student's:
127	127	(A) race, ethnicity, or national origin;
128	128	(B) income status; or
129	129	(C) status as a student who qualifies for
130	130	instruction in English as a second language; and
131	131	(2) must comply with the requirements of:
132	132	(A) 42 U.S.C. Section 2000d et seq., with respect
133	133	to nondiscrimination on the basis of race, color, or national
134	134	origin; and
135	135	(B) Section 504, Rehabilitation Act of 1973 (29
136	136	U.S.C. Section 794), with respect to nondiscrimination on the basis
137	137	of disability.
138	138	(b) Except as provided by this subsection, a qualifying
139	139	school that has more qualified scholarship applicants for
140	140	attendance under this subchapter than available positions must fill
141	141	the available scholarship positions by a random selection process.
142	142	To achieve continuity in education, a school may give preference
143	143	among scholarship applicants to a previously enrolled student and
144	144	to other students residing in the same household as a previously
145	145	enrolled student.
146	146	(c) A qualifying school may submit a written request for
147	147	student records from the public school previously attended by an
148	148	eligible student. On receipt of a request submitted under this
149	149	subsection, the public school shall in a timely manner deliver to
150	150	the qualifying school a copy of the public school's complete
151	151	student records for that student, including attendance records,
152	152	disciplinary records, past results of any assessment instruments
153	153	administered to the student, the student's individualized
154	154	education program, and any other comprehensive assessments from
155	155	each school the student previously attended. A public school that
156	156	is required to release student records under this subsection shall
157	157	comply with any applicable provision of the Family Educational
158	158	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
159	159	Sec. 29.357. ACCOUNTABILITY. (a) Each qualifying school
160	160	that enrolls a student under this subchapter shall annually
161	161	administer in the spring:
162	162	(1) the appropriate assessment instrument required
163	163	under Section 39.023; or
164	164	(2) a nationally norm-referenced assessment
165	165	instrument approved by the agency.
166	166	(b) The school shall provide:
167	167	(1) the student's results to the student's parent; and
168	168	(2) the aggregated results of the assessment
169	169	instruments to the public.
170	170	Sec. 29.358. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying
171	171	school that accepts a scholarship under this subchapter is not an
172	172	agent or arm of the state or federal government.
173	173	(b) Except as provided by this subchapter, the
174	174	commissioner, the agency, the State Board of Education, or any
175	175	other state agency may not regulate the educational program of a
176	176	qualifying school that accepts a scholarship under this subchapter.
177	177	Sec. 29.359. RULES. (a) The commissioner shall adopt
178	178	rules as necessary to implement, administer, and enforce the
179	179	program, including rules regarding:
180	180	(1) the calculation and distribution of payments for
181	181	qualifying schools; and
182	182	(2) application and approval procedures for
183	183	qualifying school and student participation in the program.
184	184	(b) A rule adopted under this section is binding on any
185	185	other state or local governmental entity, including a political
186	186	subdivision, as necessary to implement, administer, and enforce the
187	187	program.
188	188	Sec. 29.360. PROGRAM COMPLIANCE. (a) The agency shall
189	189	respond to and investigate any complaint or dispute arising under
190	190	this subchapter.
191	191	(b) The agency shall enforce this subchapter and any rule
192	192	adopted under this subchapter and may withhold funds from any
193	193	school district or qualifying school that violates this subchapter
194	194	or a rule adopted under this subchapter.
195	195	SECTION 2. Subsection (a), Section 29.202, Education Code,
196	196	is amended to read as follows:
197	197	(a) A student is eligible to receive a public education
198	198	grant or to attend another public school in the district in which
199	199	the student resides under this subchapter if:
200	200	(1) the student is assigned to attend a public school
201	201	campus:
202	202	(A) [(1)] at which 50 percent or more of the
203	203	students did not perform satisfactorily on an assessment instrument
204	204	administered under Section 39.023(a) or (c) in any two of the
205	205	preceding three years; or
206	206	(B) [(2)] that, at any time in the preceding
207	207	three years, failed to satisfy any standard under Section
208	208	39.054(e); or
209	209	(2) the student is eligible to participate in the
210	210	school choice program under Subchapter J.
211	211	SECTION 3. (a) The Texas Education Agency shall make the
212	212	school choice program as provided by Subchapter J, Chapter 29,
213	213	Education Code, as added by this Act, available for participation
214	214	beginning with the 2013-2014 academic school year.
215	215	(b) As soon as practicable, the commissioner of education
216	216	shall adopt and implement rules necessary for the administration of
217	217	the program.
218	218	SECTION 4. (a) The constitutionality and other validity
219	219	under the state or federal constitution of all or any part of
220	220	Subchapter J, Chapter 29, Education Code, as added by this Act, may
221	221	be determined in an action for declaratory judgment in a district
222	222	court in Travis County under Chapter 37, Civil Practice and
223	223	Remedies Code.
224	224	(b) An appeal of a declaratory judgment or order, however
225	225	characterized, of a district court, including an appeal of the
226	226	judgment of an appellate court, holding or otherwise determining
227	227	that all or any part of Subchapter J, Chapter 29, Education Code, as
228	228	added by this Act, is constitutional or unconstitutional, or
229	229	otherwise valid or invalid, under the state or federal constitution
230	230	is an accelerated appeal.
231	231	(c) If the judgment or order is interlocutory, an
232	232	interlocutory appeal may be taken from the judgment or order and is
233	233	an accelerated appeal.
234	234	(d) A district court in Travis County may grant or deny a
235	235	temporary or otherwise interlocutory injunction or a permanent
236	236	injunction on the grounds of the constitutionality or
237	237	unconstitutionality, or other validity or invalidity, under the
238	238	state or federal constitution of all or any part of Subchapter J,
239	239	Chapter 29, Education Code, as added by this Act.
240	240	(e) There is a direct appeal to the supreme court from an
241	241	order, however characterized, of a trial court granting or denying
242	242	a temporary or otherwise interlocutory injunction or a permanent
243	243	injunction on the grounds of the constitutionality or
244	244	unconstitutionality, or other validity or invalidity, under the
245	245	state or federal constitution of all or any part of Subchapter J,
246	246	Chapter 29, Education Code, as added by this Act.
247	247	(f) The direct appeal is an accelerated appeal.
248	248	(g) This section exercises the authority granted by Section
249	249	3-b, Article V, Texas Constitution.
250	250	(h) The filing of a direct appeal under this section will
251	251	automatically stay any temporary or otherwise interlocutory
252	252	injunction or permanent injunction granted in accordance with this
253	253	section pending final determination by the supreme court, unless
254	254	the supreme court makes specific findings that the applicant
255	255	seeking such injunctive relief has pleaded and proved that:
256	256	(1) the applicant has a probable right to the relief it
257	257	seeks on final hearing; and
258	258	(2) the applicant will suffer a probable injury that
259	259	is imminent and irreparable, and that the applicant has no other
260	260	adequate legal remedy.
261	261	(i) An appeal under this section, including an
262	262	interlocutory, accelerated, or direct appeal, is governed, as
263	263	applicable, by the Texas Rules of Appellate Procedure, including
264	264	Rules 25.1(d)(6), 26.1(b), 28.1, 32.1(g), 35.3(c), 37.3(a)(1),
265	265	38.6(a) and (b), 40.1(b), and 49.4.
266	266	SECTION 5. This Act takes effect immediately if it receives
267	267	a vote of two-thirds of all the members elected to each house, as
268	268	provided by Section 39, Article III, Texas Constitution. If this
269	269	Act does not receive the vote necessary for immediate effect, this
270	270	Act takes effect September 1, 2013.
271	271	* * * * *