85R3714 PAM-D
By: Simmons H.B. No. 68
A BILL TO BE ENTITLED
AN ACT
relating to eligibility for a public education grant of certain
students receiving special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.202, Education Code, is amended to
read as follows:
Sec. 29.202. ELIGIBILITY. (a) A student is eligible to
receive a public education grant or to attend another public school
in the district in which the student resides under this subchapter
if:
(1) the student is assigned to attend a public school
campus:
(A) [(1)] at which 50 percent or more of the
students did not perform satisfactorily on an assessment instrument
administered under Section 39.023(a) or (c) in any two of the
preceding three years; or
(B) [(2)] that, at any time in the preceding
three years, failed to satisfy any standard under Section 39.054(e)
as applicable during that year; or
(2) the student:
(A) is in kindergarten through grade 12 and
eligible under Section 29.003 to participate in a school district's
special education program; and
(B) is the subject of an individualized education
program developed under Section 29.005.
(b) After a student who establishes eligibility under
Subsection (a)(1) has used a public education grant to attend a
school in a district other than the district in which the student
resides:
(1) the student does not become ineligible for the
grant if the school on which the student's initial eligibility is
based no longer meets the criteria under Subsection (a)(1) [(a)];
and
(2) the student becomes ineligible for the grant if
the student is assigned to attend a school that does not meet the
criteria under Subsection (a)(1) [(a)].
(c) A student who establishes eligibility under Subsection
(a)(2) remains eligible until the earlier of the date the student
graduates from high school or the student's 22nd birthday.
SECTION 2. Section 29.203, Education Code, is amended by
amending Subsections (d) and (f) and adding Subsection (f-1) to
read as follows:
(d) A school district chosen by a student's parent under
Section 29.201 is entitled to accept or reject the application for
the student to attend school in that district but may not use
criteria that discriminate on the basis of a student's race,
ethnicity, academic achievement, athletic abilities, language
proficiency, sex, or socioeconomic status. A school district that
has more acceptable applicants for attendance under this subchapter
than available positions must give priority to students at risk of
dropping out of school as defined by Section 29.081 and students who
are eligible under Section 29.202(a)(2), and must fill the
available positions by lottery. However, to achieve continuity in
education, a school district may give preference over at-risk
students and students eligible under Section 29.202(a)(2) to
enrolled students and to the siblings of enrolled students residing
in the same household or other children residing in the same
household as enrolled students for the convenience of parents,
guardians, or custodians of those children.
(f) The school district in which a student resides shall
provide each student who establishes eligibility under Section
29.202(a)(1) and attends [attending] a school in another district
under this subchapter transportation free of charge to and from the
school the student would otherwise attend.
(f-1) For a student who establishes eligibility under
Section 29.202(a)(2):
(1) if the student's admission, review, and dismissal
committee determines based on the student's individualized
education program that the student requires transportation and the
student attends another public school in the district in which the
student resides or in a district adjacent to that district, the
school district that the student attends shall provide the student
transportation free of charge in the manner provided under the
student's individualized education program; or
(2) if the student's admission, review, and dismissal
committee determines based on the student's individualized
education program that the student does not require transportation
and if the student attends a school in another district under this
subchapter, the school district in which the student resides shall
provide the student transportation free of charge to and from the
school the student would otherwise attend.
SECTION 3. Section 29.204, Education Code, is amended to
read as follows:
Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of
each year the commissioner shall, based on the most recent
information available, provide notice to each school district in
which a campus described by Section 29.202(a)(1) [29.202] is
located that:
(1) identifies each campus in the district that meets
the description in Section 29.202(a)(1) [29.202]; and
(2) informs the district that the district must comply
with Subsection (b).
(b) Not later than February 1 of each year, a school
district shall notify the parent of each student in the district
assigned to attend a campus described by Section 29.202(a)(1)
[29.202] that the student is eligible for a public education grant.
In accordance with commissioner rule, a school district shall
notify the parent of each student in the district eligible under
Section 29.202(a)(2) of the student's eligibility as soon as
possible after the student establishes eligibility. The notice
must contain a clear, concise explanation of the public education
grant program and of the manner in which the parent may obtain
further information about the program.
SECTION 4. This Act applies beginning with the 2017-2018
school year.
SECTION 5. 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.