Texas 2017 - 85th Regular

Texas House Bill HB68 Compare Versions

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

Old	New	Differences
1	1	85R3714 PAM-D
2	2	By: Simmons H.B. No. 68
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to eligibility for a public education grant of certain
8	8	students receiving special education services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 29.202, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 29.202. ELIGIBILITY. (a) A student is eligible to
13	13	receive a public education grant or to attend another public school
14	14	in the district in which the student resides under this subchapter
15	15	if:
16	16	(1) the student is assigned to attend a public school
17	17	campus:
18	18	(A) [(1)] at which 50 percent or more of the
19	19	students did not perform satisfactorily on an assessment instrument
20	20	administered under Section 39.023(a) or (c) in any two of the
21	21	preceding three years; or
22	22	(B) [(2)] that, at any time in the preceding
23	23	three years, failed to satisfy any standard under Section 39.054(e)
24	24	as applicable during that year; or
25	25	(2) the student:
26	26	(A) is in kindergarten through grade 12 and
27	27	eligible under Section 29.003 to participate in a school district's
28	28	special education program; and
29	29	(B) is the subject of an individualized education
30	30	program developed under Section 29.005.
31	31	(b) After a student who establishes eligibility under
32	32	Subsection (a)(1) has used a public education grant to attend a
33	33	school in a district other than the district in which the student
34	34	resides:
35	35	(1) the student does not become ineligible for the
36	36	grant if the school on which the student's initial eligibility is
37	37	based no longer meets the criteria under Subsection (a)(1) [(a)];
38	38	and
39	39	(2) the student becomes ineligible for the grant if
40	40	the student is assigned to attend a school that does not meet the
41	41	criteria under Subsection (a)(1) [(a)].
42	42	(c) A student who establishes eligibility under Subsection
43	43	(a)(2) remains eligible until the earlier of the date the student
44	44	graduates from high school or the student's 22nd birthday.
45	45	SECTION 2. Section 29.203, Education Code, is amended by
46	46	amending Subsections (d) and (f) and adding Subsection (f-1) to
47	47	read as follows:
48	48	(d) A school district chosen by a student's parent under
49	49	Section 29.201 is entitled to accept or reject the application for
50	50	the student to attend school in that district but may not use
51	51	criteria that discriminate on the basis of a student's race,
52	52	ethnicity, academic achievement, athletic abilities, language
53	53	proficiency, sex, or socioeconomic status. A school district that
54	54	has more acceptable applicants for attendance under this subchapter
55	55	than available positions must give priority to students at risk of
56	56	dropping out of school as defined by Section 29.081 and students who
57	57	are eligible under Section 29.202(a)(2), and must fill the
58	58	available positions by lottery. However, to achieve continuity in
59	59	education, a school district may give preference over at-risk
60	60	students and students eligible under Section 29.202(a)(2) to
61	61	enrolled students and to the siblings of enrolled students residing
62	62	in the same household or other children residing in the same
63	63	household as enrolled students for the convenience of parents,
64	64	guardians, or custodians of those children.
65	65	(f) The school district in which a student resides shall
66	66	provide each student who establishes eligibility under Section
67	67	29.202(a)(1) and attends [attending] a school in another district
68	68	under this subchapter transportation free of charge to and from the
69	69	school the student would otherwise attend.
70	70	(f-1) For a student who establishes eligibility under
71	71	Section 29.202(a)(2):
72	72	(1) if the student's admission, review, and dismissal
73	73	committee determines based on the student's individualized
74	74	education program that the student requires transportation and the
75	75	student attends another public school in the district in which the
76	76	student resides or in a district adjacent to that district, the
77	77	school district that the student attends shall provide the student
78	78	transportation free of charge in the manner provided under the
79	79	student's individualized education program; or
80	80	(2) if the student's admission, review, and dismissal
81	81	committee determines based on the student's individualized
82	82	education program that the student does not require transportation
83	83	and if the student attends a school in another district under this
84	84	subchapter, the school district in which the student resides shall
85	85	provide the student transportation free of charge to and from the
86	86	school the student would otherwise attend.
87	87	SECTION 3. Section 29.204, Education Code, is amended to
88	88	read as follows:
89	89	Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of
90	90	each year the commissioner shall, based on the most recent
91	91	information available, provide notice to each school district in
92	92	which a campus described by Section 29.202(a)(1) [29.202] is
93	93	located that:
94	94	(1) identifies each campus in the district that meets
95	95	the description in Section 29.202(a)(1) [29.202]; and
96	96	(2) informs the district that the district must comply
97	97	with Subsection (b).
98	98	(b) Not later than February 1 of each year, a school
99	99	district shall notify the parent of each student in the district
100	100	assigned to attend a campus described by Section 29.202(a)(1)
101	101	[29.202] that the student is eligible for a public education grant.
102	102	In accordance with commissioner rule, a school district shall
103	103	notify the parent of each student in the district eligible under
104	104	Section 29.202(a)(2) of the student's eligibility as soon as
105	105	possible after the student establishes eligibility. The notice
106	106	must contain a clear, concise explanation of the public education
107	107	grant program and of the manner in which the parent may obtain
108	108	further information about the program.
109	109	SECTION 4. This Act applies beginning with the 2017-2018
110	110	school year.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2017.