Texas 2017 - 85th Regular

Texas House Bill HB23 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R22761 MK-F
2		-	By: Huberty, Simmons, Fallon, et al. H.B. No. 23
	2	+	By: Huberty H.B. No. 23
	3	+	Substitute the following for H.B. No. 23:
	4	+	By: Gooden C.S.H.B. No. 23
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to a grant program to fund innovative programs for public
8	10		school students with autism.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subchapter A, Chapter 29, Education Code, is
11	13		amended by adding Section 29.026 to read as follows:
12	14		Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
13	15		WITH AUTISM. (a) The commissioner shall establish a program to
14	16		award grants to school districts and open-enrollment charter
15	17		schools that provide innovative services to students with autism.
16	18		(b) A school district, including a school district acting
17	19		through a district charter issued under Subchapter C, Chapter 12,
18	20		and an open-enrollment charter school, including a charter school
19	21		that primarily serves students with disabilities, as provided under
20	22		Section 12.1014, may apply for a grant under this section.
21	23		(c) A program is eligible for a grant under this section if:
22	24		(1) the program operates as an independent campus or a
23	25		separate program from the campus in which the program is located,
24	26		with a separate budget;
25	27		(2) the program incorporates:
26	28		(A) evidence-based and research-based design;
27	29		(B) the use of empirical data on student
28	30		achievement and improvement;
29	31		(C) parental support and collaboration;
30	32		(D) the use of technology;
31	33		(E) meaningful inclusion; and
32	34		(F) the ability to replicate the program for
33	35		students statewide;
34	36		(3) the program gives priority for enrollment to
35	37		students with autism;
36	38		(4) the program limits enrollment and services to
37	39		students who are:
38	40		(A) at least three years of age; and
39	41		(B) younger than nine years of age or are
40	42		enrolled in the third grade or a lower grade level; and
41	43		(5) the program allows a student who turns nine years
42	44		of age or older during a school year to remain in the program until
43	45		the end of that school year.
44	46		(d) A school district or open-enrollment charter school may
45	47		not:
46	48		(1) charge a fee for the program, other than those
47	49		authorized by law for students in public schools;
48	50		(2) require a parent to enroll a child in the program;
49	51		(3) allow an admission, review, and dismissal
50	52		committee to place a student in the program without the written
51	53		consent of the student's parent or guardian; or
52	54		(4) continue the placement of a student in the program
53	55		after the student's parent or guardian revokes consent, in writing,
54	56		to the student's placement in the program.
55	57		(e) A program under this section may:
56	58		(1) alter the length of the school day or school year
57	59		or the number of minutes of instruction received by students;
58	60		(2) coordinate services with private or
59	61		community-based providers;
60	62		(3) allow the enrollment of students without
61	63		disabilities or with other disabilities, if approved by the
62	64		commissioner; and
63	65		(4) adopt staff qualifications and staff to student
64	66		ratios that differ from the applicable requirements of this title.
65	67		(f) The commissioner shall adopt rules creating an
66	68		application and selection process for grants awarded under this
67	69		section.
68	70		(g) The commissioner shall create an external panel of
69	71		stakeholders, including parents of students with disabilities, to
70	72		provide assistance in the selection of applications for the award
71	73		of grants under this section.
72	74		(h) The commissioner shall award grants to fund not more
73	75		than 10 programs that meet the eligibility criteria under
74	76		Subsection (c). In selecting programs, the commissioner shall
75	77		prioritize programs that are collaborations between multiple
76	78		school districts, multiple charter schools, or school districts and
77	79		charter schools. The selected programs must reflect the diversity
78	80		of this state.
79	81		(i) The commissioner shall select programs and award grant
80	82		funds to those programs beginning in the 2018-2019 school year. The
81	83		selected programs are to be funded for five years.
82	84		(j) A grant awarded to a school district or open-enrollment
83	85		charter school under this section is in addition to the Foundation
84	86		School Program funds that the district or charter school is
85	87		otherwise entitled to receive.
86	88		(k) The commissioner shall set aside an amount not to exceed
87	89		$20 million from the total amount of funds appropriated to the
88	90		Foundation School Program for the 2018-2019 fiscal biennium to fund
89	91		grants under this section. The commissioner shall use $10 million
90	92		for the purposes of this section for each school year in the state
91	93		fiscal biennium. A grant recipient may not receive more than $1
92	94		million for the 2018-2019 fiscal biennium. The commissioner shall
93	95		reduce each district's and charter school's allotment
94	96		proportionally to account for funds allocated under this section.
95	97		(l) The commissioner and any program selected under this
96	98		section may accept gifts, grants, and donations from any public or
97	99		private source, person, or group to implement and administer the
98	100		program. The commissioner and any program selected under this
99	101		section may not require any financial contribution from parents to
100	102		implement and administer the program.
101	103		(m) The commissioner may consider a student with autism who
102	104		is enrolled in a program funded under this section as funded in a
103	105		mainstream placement, regardless of the amount of time the student
104	106		receives services in a regular classroom setting.
105	107		(n) Not later than December 31, 2021, the commissioner shall
106	108		publish a report on the grant program established under this
107	109		section. The report must include:
108	110		(1) recommendations for statutory or funding changes
109	111		necessary to implement successful innovations in the education of
110	112		students with autism; and
111	113		(2) data on the academic and functional achievements
112	114		of students enrolled in a program that received a grant under this
113	115		section.
114	116		(o) This section expires September 1, 2024.
115	117		SECTION 2. This Act takes effect immediately if it receives
116	118		a vote of two-thirds of all the members elected to each house, as
117	119		provided by Section 39, Article III, Texas Constitution. If this
118	120		Act does not receive the vote necessary for immediate effect, this
119	121		Act takes effect September 1, 2017.