Texas 2015 - 84th Regular

Texas House Bill HB279 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R18793 PAM-D
2	2	By: Simmons, Huberty, Capriglione, Gonzales, H.B. No. 279
3	3	VanDeaver, et al.
4	4	Substitute the following for H.B. No. 279:
5	5	By: Aycock C.S.H.B. No. 279
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to eligibility for a public education grant of certain
11	11	students receiving special education services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 29.202, Education Code, is amended to
14	14	read as follows:
15	15	Sec. 29.202. ELIGIBILITY. (a) A student is eligible to
16	16	receive a public education grant or to attend another public school
17	17	in the district in which the student resides under this subchapter
18	18	if:
19	19	(1) the student is assigned to attend a public school
20	20	campus:
21	21	(A) [(1)] at which 50 percent or more of the
22	22	students did not perform satisfactorily on an assessment instrument
23	23	administered under Section 39.023(a) or (c) in any two of the
24	24	preceding three years; or
25	25	(B) [(2)] that, at any time in the preceding
26	26	three years, failed to satisfy any standard under Section
27	27	39.054(e); or
28	28	(2) the student:
29	29	(A) is in kindergarten through grade 12 and
30	30	eligible under Section 29.003 to participate in a school district's
31	31	special education program; and
32	32	(B) is the subject of an individualized education
33	33	program developed under Section 29.005.
34	34	(b) After a student who establishes eligibility under
35	35	Subsection (a)(1) has used a public education grant to attend a
36	36	school in a district other than the district in which the student
37	37	resides:
38	38	(1) the student does not become ineligible for the
39	39	grant if the school on which the student's initial eligibility is
40	40	based no longer meets the criteria under Subsection (a)(1) [(a)];
41	41	and
42	42	(2) the student becomes ineligible for the grant if
43	43	the student is assigned to attend a school that does not meet the
44	44	criteria under Subsection (a)(1) [(a)].
45	45	(c) A student who establishes eligibility under Subsection
46	46	(a)(2) remains eligible until the earlier of the date the student
47	47	graduates from high school or the student's 22nd birthday.
48	48	SECTION 2. Section 29.203, Education Code, is amended by
49	49	amending Subsections (d) and (f) and adding Subsection (f-1) to
50	50	read as follows:
51	51	(d) A school district chosen by a student's parent under
52	52	Section 29.201 is entitled to accept or reject the application for
53	53	the student to attend school in that district but may not use
54	54	criteria that discriminate on the basis of a student's race,
55	55	ethnicity, academic achievement, athletic abilities, language
56	56	proficiency, sex, or socioeconomic status. A school district that
57	57	has more acceptable applicants for attendance under this subchapter
58	58	than available positions must give priority to students at risk of
59	59	dropping out of school as defined by Section 29.081 and students who
60	60	are eligible under Section 29.202(a)(2), and must fill the
61	61	available positions by lottery. However, to achieve continuity in
62	62	education, a school district may give preference over at-risk
63	63	students and students eligible under Section 29.202(a)(2) to
64	64	enrolled students and to the siblings of enrolled students residing
65	65	in the same household or other children residing in the same
66	66	household as enrolled students for the convenience of parents,
67	67	guardians, or custodians of those children.
68	68	(f) The school district in which a student resides shall
69	69	provide each student who establishes eligibility under Section
70	70	29.202(a)(1) and attends [attending] a school in another district
71	71	under this subchapter transportation free of charge to and from the
72	72	school the student would otherwise attend.
73	73	(f-1) For a student who establishes eligibility under
74	74	Section 29.202(a)(2):
75	75	(1) if the student's admission, review, and dismissal
76	76	committee determines based on the student's individualized
77	77	education program that the student requires transportation and the
78	78	student attends another public school in the district in which the
79	79	student resides or in a district adjacent to that district, the
80	80	school district that the student attends shall provide the student
81	81	transportation free of charge in the manner provided under the
82	82	student's individualized education program; or
83	83	(2) if the student's admission, review, and dismissal
84	84	committee determines based on the student's individualized
85	85	education program that the student does not require transportation
86	86	and if the student attends a school in another district under this
87	87	subchapter, the school district in which the student resides shall
88	88	provide the student transportation free of charge to and from the
89	89	school the student would otherwise attend.
90	90	SECTION 3. Section 29.204, Education Code, is amended to
91	91	read as follows:
92	92	Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of
93	93	each year the commissioner shall, based on the most recent
94	94	information available, provide notice to each school district in
95	95	which a campus described by Section 29.202(a)(1) [29.202] is
96	96	located that:
97	97	(1) identifies each campus in the district that meets
98	98	the description in Section 29.202(a)(1) [29.202]; and
99	99	(2) informs the district that the district must comply
100	100	with Subsection (b).
101	101	(b) Not later than February 1 of each year, a school
102	102	district shall notify the parent of each student in the district
103	103	assigned to attend a campus described by Section 29.202(a)(1)
104	104	[29.202] that the student is eligible for a public education grant.
105	105	In accordance with commissioner rule, a school district shall
106	106	notify the parent of each student in the district eligible under
107	107	Section 29.202(a)(2) of the student's eligibility as soon as
108	108	possible after the student establishes eligibility. The notice
109	109	must contain a clear, concise explanation of the public education
110	110	grant program and of the manner in which the parent may obtain
111	111	further information about the program.
112	112	SECTION 4. This Act applies beginning with the 2015-2016
113	113	school year.
114	114	SECTION 5. This Act takes effect immediately if it receives
115	115	a vote of two-thirds of all the members elected to each house, as
116	116	provided by Section 39, Article III, Texas Constitution. If this
117	117	Act does not receive the vote necessary for immediate effect, this
118	118	Act takes effect September 1, 2015.