85R22761 MK-F
By: Huberty, Simmons, Fallon, et al. H.B. No. 23
A BILL TO BE ENTITLED
AN ACT
relating to a grant program to fund innovative programs for public
school students with autism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.026 to read as follows:
Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
WITH AUTISM. (a) The commissioner shall establish a program to
award grants to school districts and open-enrollment charter
schools that provide innovative services to students with autism.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
and an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, may apply for a grant under this section.
(c) A program is eligible for a grant under this section if:
(1) the program operates as an independent campus or a
separate program from the campus in which the program is located,
with a separate budget;
(2) the program incorporates:
(A) evidence-based and research-based design;
(B) the use of empirical data on student
achievement and improvement;
(C) parental support and collaboration;
(D) the use of technology;
(E) meaningful inclusion; and
(F) the ability to replicate the program for
students statewide;
(3) the program gives priority for enrollment to
students with autism;
(4) the program limits enrollment and services to
students who are:
(A) at least three years of age; and
(B) younger than nine years of age or are
enrolled in the third grade or a lower grade level; and
(5) the program allows a student who turns nine years
of age or older during a school year to remain in the program until
the end of that school year.
(d) A school district or open-enrollment charter school may
not:
(1) charge a fee for the program, other than those
authorized by law for students in public schools;
(2) require a parent to enroll a child in the program;
(3) allow an admission, review, and dismissal
committee to place a student in the program without the written
consent of the student's parent or guardian; or
(4) continue the placement of a student in the program
after the student's parent or guardian revokes consent, in writing,
to the student's placement in the program.
(e) A program under this section may:
(1) alter the length of the school day or school year
or the number of minutes of instruction received by students;
(2) coordinate services with private or
community-based providers;
(3) allow the enrollment of students without
disabilities or with other disabilities, if approved by the
commissioner; and
(4) adopt staff qualifications and staff to student
ratios that differ from the applicable requirements of this title.
(f) The commissioner shall adopt rules creating an
application and selection process for grants awarded under this
section.
(g) The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(h) The commissioner shall award grants to fund not more
than 10 programs that meet the eligibility criteria under
Subsection (c). In selecting programs, the commissioner shall
prioritize programs that are collaborations between multiple
school districts, multiple charter schools, or school districts and
charter schools. The selected programs must reflect the diversity
of this state.
(i) The commissioner shall select programs and award grant
funds to those programs beginning in the 2018-2019 school year. The
selected programs are to be funded for five years.
(j) A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program funds that the district or charter school is
otherwise entitled to receive.
(k) The commissioner shall set aside an amount not to exceed
$20 million from the total amount of funds appropriated to the
Foundation School Program for the 2018-2019 fiscal biennium to fund
grants under this section. The commissioner shall use $10 million
for the purposes of this section for each school year in the state
fiscal biennium. A grant recipient may not receive more than $1
million for the 2018-2019 fiscal biennium. The commissioner shall
reduce each district's and charter school's allotment
proportionally to account for funds allocated under this section.
(l) The commissioner and any program selected under this
section may accept gifts, grants, and donations from any public or
private source, person, or group to implement and administer the
program. The commissioner and any program selected under this
section may not require any financial contribution from parents to
implement and administer the program.
(m) The commissioner may consider a student with autism who
is enrolled in a program funded under this section as funded in a
mainstream placement, regardless of the amount of time the student
receives services in a regular classroom setting.
(n) Not later than December 31, 2021, the commissioner shall
publish a report on the grant program established under this
section. The report must include:
(1) recommendations for statutory or funding changes
necessary to implement successful innovations in the education of
students with autism; and
(2) data on the academic and functional achievements
of students enrolled in a program that received a grant under this
section.
(o) This section expires September 1, 2024.
SECTION 2. 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, 2017.