Texas 2017 - 85th 1st C.S.

Texas House Bill HB320 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85S12039 KJE-F
2		-	By: VanDeaver, Huberty, Simmons, Bernal H.B. No. 320
3		-	Substitute the following for H.B. No. 320:
4		-	By: VanDeaver C.S.H.B. No. 320
	1	+	By: VanDeaver H.B. No. 320
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9		-	relating to the establishment of an education ~~enhancement program~~
10		-	for students with ~~certain~~ disabilities.
	6	+	relating to the establishment and funding of an education
	7	+	enhancement program for certain students with disabilities.
11	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	9		SECTION 1. Chapter 29, Education Code, is amended by adding
13	10		Subchapter J to read as follows:
14		-	SUBCHAPTER J. EDUCATION ENHANCEMENT PROGRAM FOR STUDENTS WITH
15		-	DISABILITIES
	11	+	SUBCHAPTER J. ENHANCEMENT PROGRAM FOR STUDENTS WITH DISABILITIES
16	12		Sec. 29.351. DEFINITIONS. In this subchapter:
17		-	(1) "Parent" means a resident of this state who is a
18		-	natural or adoptive parent, managing or possessory conservator,
19		-	legal guardian, custodian, or other person with legal authority to
20		-	act on behalf of a child.
21		-	(2) "Program" means the education enhancement program
22		-	for students with disabilities established under this subchapter.
23		-	(3) "Program participant" means a student and a parent
24		-	of a student who has been accepted into the program.
25		-	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The commissioner
26		-	shall establish and administer an education enhancement program for
27		-	students with disabilities to provide funding for eligible students
28		-	to obtain educational support services and other resources that:
29		-	(1) supplement the student's public education;
30		-	(2) promote and improve the student's overall academic
31		-	performance; and
32		-	(3) exceed the level of services that the student's
33		-	committee has determined to be necessary for the student to receive
34		-	a free appropriate public education.
35		-	Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible
36		-	to participate in the program if:
37		-	(1) the student is enrolled in a school district and
38		-	was enrolled in that district during the entire preceding school
39		-	year;
40		-	(2) the student has one or more of the following
41		-	disabilities:
42		-	(A) dyslexia;
43		-	(B) autism;
	13	+	(1) "Child with a disability" means a child who is:
	14	+	(A) eligible to participate in a school
	15	+	district's special education program under Section 29.003; or
	16	+	(B) covered by Section 504, Rehabilitation Act of
	17	+	1973 (29 U.S.C. Section 794).
	18	+	(2) "Enhancement services" means a service provided to
	19	+	a program participant that is in addition to the special education
	20	+	services that a school district is required to provide a child with
	21	+	a disability under federal and state law.
	22	+	(3) "Parent" means a resident who otherwise meets the
	23	+	definition of this term under Section 26.002.
	24	+	(4) "Agency" means the Texas Education Agency.
	25	+	(5) "Program participant" means a student with a
	26	+	disability and the parent(s) of a child enrolled in the program.
	27	+	(6) "Private service provider" means an individual or
	28	+	entity approved by the commissioner of education to provide
	29	+	enhancement services to program participants and that follows all
	30	+	accountability standards outlined in this subchapter.
	31	+	Sec. 29.352. ESTABLISHMENT OF PROGRAM. (a) The agency
	32	+	shall establish a program, including procedures and criteria in
	33	+	accordance with this subchapter, for the allocation of funds
	34	+	appropriated under this subchapter to school districts for the
	35	+	provision of enhancement services to certain students with
	36	+	disabilities and their families to promote and improve overall
	37	+	academic performance.
	38	+	(b) The commissioner shall notify program
	39	+	participants, school districts in which the program participant is
	40	+	enrolled, and approved private service providers that approval to
	41	+	participate in this program is for one year. Approval to
	42	+	participate as a program participant or a private service provider
	43	+	does not guarantee approval for subsequent years of participation
	44	+	within this program.
	45	+	Sec. 29.353. PROGRAM PARTICIPANTS.
	46	+	(A) A student with a disability is eligible for enhancement
	47	+	services from a private service provider if the child has a Section
	48	+	504 plan of the Rehabilitation Act of 1973 (29 U.S.C. Section 794)
	49	+	or an individual education plan, and has one or more of the
	50	+	following disabilities:
	51	+	(A) dyslexia
	52	+	(B) autism
44	53		(C) speech disability; or
45		-	(D) learning disability; and
46		-	(3) for one or more disabilities listed in Subdivision
47		-	(2):
48		-	(A) an individualized education program has been
49		-	developed for the student under Section 29.005; or
50		-	(B) the student is covered by Section 504,
51		-	Rehabilitation Act of 1973 (29 U.S.C. Section 794).
52		-	(b) Notwithstanding Subsection (a), a student placed in a
53		-	residential facility primarily for noneducational reasons is not
54		-	eligible to participate in the program.
55		-	Sec. 29.354. APPLICATION PROCESS. (a) On or before the date
56		-	established by commissioner rule, each school district annually
57		-	shall provide information regarding the program to a parent of each
58		-	student enrolled in the district who may be eligible to participate
59		-	in the program.
60		-	(b) On or before the date established by commissioner rule,
61		-	a parent of an eligible student may apply on behalf of the student
62		-	to the agency for participation in the program for the school year
63		-	for which the application is made. The school district in which the
64		-	student is enrolled shall assist the parent in making the
65		-	application.
66		-	(c) In accepting students into the program, the
67		-	commissioner shall:
68		-	(1) give priority to students who are educationally
69		-	disadvantaged; and
70		-	(2) to the greatest extent possible, ensure that the
71		-	accepted students reflect the diversity of the state.
72		-	(d) The commissioner annually shall notify each program
73		-	participant and each school district in which a student
74		-	participating in the program is enrolled that:
75		-	(1) a program participant must reapply to participate
76		-	in the program for each school year in which the participant wishes
77		-	to participate in the program; and
78		-	(2) continued acceptance into the program is not
79		-	guaranteed.
80		-	Sec. 29.355. ALLOCATION OF MONEY; FINANCING. (a) For each
81		-	school year, the commissioner shall allocate money available for
82		-	the program to each school district in which a student
83		-	participating in the program is enrolled in amounts determined by
84		-	the commissioner. The total amount of money used for the program for
85		-	a school year may not exceed $10 million.
86		-	(b) The commissioner may only use money appropriated from
87		-	the general revenue fund for purposes of the program.
88		-	Sec. 29.356. QUALIFIED EXPENSES. (a) Funds received under
89		-	the program may be used only for the following services or goods
90		-	provided to a program participant by an education service provider
91		-	or vendor of educational products approved by the commissioner
	54	+	(D) learning disability.
	55	+	(B) A student or parent must apply to the agency through the
	56	+	school district in which their child is enrolled to participate in
	57	+	the program.
	58	+	(C) A student must have attended public school in the
	59	+	participating school district in the previous year prior to
	60	+	receiving enhancement services created by Subchapter J. School
	61	+	districts shall notify all eligible students and parents of this
	62	+	program.
	63	+	Sec. 29.354. ENHANCEMENT SERVICES.
	64	+	(A) Funds provided by this program may be used only for the
	65	+	following services provided by approved private service providers
92	66		under Section 29.357:
93	67		(1) costs of transportation for the student to receive
94	68		educational support services;
95		-	(2) fees for services provided by a ~~private tutor or~~
96		-	teaching service;
	69	+	(2) fees for services provided by a commissioner-approved
	70	+	private tutor or teaching service under Section 29.357;
97	71		(3) fees for educational therapies or support services
98		-	provided by a practitioner or provider;
99		-	(4) costs of assistive technology; and
100		-	(5) costs associated with the provision of:
101		-	(A) in-home and community-based training;
102		-	(B) positive behavioral support strategies;
103		-	(C) family training support;
104		-	(D) communication interventions; and
105		-	(E) social skills, supports, and strategies
106		-	training.
107		-	(b) The parent of a student participating in the program,
108		-	with the assistance of an employee of the school at which the
109		-	student is enrolled designated for that purpose by the school's
110		-	principal, shall select the services or goods allowed under
111		-	Subsection (a) to be provided to the student under the program and
112		-	the appropriate education service provider or vendor of educational
113		-	products to provide those services or goods.
114		-	(c) On the parent's selection under Subsection (b), the
115		-	school district in which the parent's student is enrolled shall
116		-	contract with the selected education service provider or vendor of
117		-	educational products to provide the selected services or goods to
118		-	the student.
119		-	(d) An education service provider or vendor of educational
120		-	products may not solicit or provide incentives to any program
121		-	participant to select the provider or vendor to provide services or
122		-	goods using money distributed under the program.
123		-	Sec. 29.357. PROVIDER AND VENDOR ACCOUNTABILITY. (a) An
124		-	education service provider or vendor of educational products must
125		-	apply to and be approved by the commissioner to receive money
126		-	distributed under the program.
127		-	(b) To be eligible for approval under Subsection (a), an
128		-	education service provider or vendor of educational products must:
129		-	(1) have operated for at least three consecutive
130		-	years, including at least one year in this state;
131		-	(2) provide to the commissioner:
132		-	(A) a current financial audit from a certified
133		-	public accountant;
134		-	(B) documentation indicating that the provider
135		-	or vendor has completed a national criminal history record
136		-	information review within a period established by commissioner
137		-	rule; and
138		-	(C) a list of any national or state licenses,
139		-	certifications, or credentials possessed by the provider or vendor;
140		-	and
141		-	(3) agree not to use the national curriculum standards
142		-	developed by the Common Core State Standards Initiative.
143		-	(c) In applying for approval under Subsection (a), an
144		-	education service provider or vendor of educational products may
145		-	submit to the commissioner a statement listing the services or
146		-	goods allowed under Section 29.356(a) that the provider or vendor
147		-	provides to a school district under an existing contract.
148		-	(d) A parent of a student participating in the program, an
149		-	employee of the student's school designated under Section
150		-	29.356(b), or an education service provider or vendor of
151		-	educational products may appeal the commissioner's rejection of an
152		-	application submitted under Subsection (a) in accordance with rules
153		-	established by the commissioner.
154		-	(e) To maintain approval under this section, an education
155		-	service provider or vendor of educational products must, with
156		-	respect to each student for the benefit of whom the provider or
157		-	vendor contracts with a school district under Section 29.356(c):
158		-	(1) at the end of each semester, report to the school
159		-	district regarding the services or goods provided under the
160		-	contract to the student, including any diagnostic or other
161		-	evaluative information requested by the district;
162		-	(2) conduct pre- and post-measurement evaluations of
163		-	the student and provide the results of those evaluations to the
164		-	student's parent and the school district; and
165		-	(3) submit to the school district accurate and
166		-	complete invoices regarding the services or goods provided to the
167		-	student.
168		-	(f) At least once each semester, an education service
169		-	provider or vendor of educational products selected to provide
170		-	services or goods to a student participating in the program shall
171		-	meet with the student's parent and the employee of the student's
172		-	school designated under Section 29.356(b) at a time and place
173		-	determined by the school district to discuss the student's progress
174		-	and to evaluate the continued use of the provider or vendor. The
175		-	student's parent, designated employee, or provider or vendor may
176		-	request additional meetings to be held under this subsection.
177		-	(g) The commissioner annually shall review each approved
178		-	education service provider or vendor of educational products and,
179		-	as appropriate, renew or revoke that approval.
180		-	(h) On approving an education service provider or vendor of
181		-	educational products under this section, the commissioner shall
182		-	notify the provider or vendor regarding the annual review of
183		-	approval under Subsection (g). The notice must include a statement
184		-	that renewed approval under that subsection is not guaranteed.
185		-	Sec. 29.358. PROGRAM PARTICIPANT RIGHTS. (a) A student's
186		-	participation in the program does not affect the student's rights
187		-	or a school district's obligations with respect to the student
188		-	under the Individuals with Disabilities Education Act (20 U.S.C.
189		-	Section 1400 et seq.); Section 504, Rehabilitation Act of 1973 (29
190		-	U.S.C. Section 794); or the Americans with Disabilities Act of 1990
191		-	(42 U.S.C. Section 12101 et seq.).
192		-	(b) An education service provider or vendor of educational
193		-	products must comply with the federal laws listed in Subsection (a)
194		-	in providing services or goods to the student under the program.
195		-	(c) The provision of services or goods to a student under
196		-	this subchapter does not affect the obligations of any state agency
197		-	with respect to the student.
198		-	Sec. 29.359. RULES. The commissioner may adopt rules as
199		-	necessary to implement this subchapter.
200		-	Sec. 29.3591. PROGRAM REVIEW. (a) Not later than December
201		-	31, 2020, the agency shall review the performance of the program and
202		-	submit to the legislature a report on the agency's conclusions.
203		-	(b) In conducting the review, the agency shall solicit input
204		-	from program participants, participating school districts, and
205		-	education service providers and vendors of educational products
206		-	approved by the commissioner under Section 29.357.
207		-	(c) This section expires September 1, 2021.
208		-	Sec. 29.3592. STUDY ON SPECIAL EDUCATION SERVICES. (a) The
209		-	agency shall conduct a study on the special education services
210		-	provided by school districts to students with disabilities to
211		-	determine whether those services satisfy the requirements under the
212		-	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
213		-	et seq.); Section 504, Rehabilitation Act of 1973 (29 U.S.C.
214		-	Section 794); and the Americans with Disabilities Act of 1990 (42
215		-	U.S.C. Section 12101 et seq.).
216		-	(b) In conducting the study, the agency shall survey parents
217		-	of students with disabilities enrolled in school districts.
218		-	(c) Not later than September 1, 2018, the agency shall
219		-	submit to the legislature a report on the results of the study. The
220		-	report must include a list of services that parents feel are needed
221		-	but are not currently being provided and the reasons why the listed
222		-	services are not being provided.
223		-	(d) This section expires September 1, 2019.
224		-	SECTION 2. Section 25.087, Education Code, is amended by
225		-	adding Subsection (b-7) to read as follows:
226		-	(b-7) A school district shall excuse a student from
227		-	attending school during lunch, study hall, or an open period to
228		-	attend an appointment or meeting with an education service provider
229		-	or vendor of educational products to receive services or goods
230		-	provided using money distributed under the education enhancement
231		-	program for students with disabilities under Subchapter J, Chapter
232		-	29.
233		-	SECTION 3. Section 25.087(d), Education Code, as amended by
234		-	S.B. 1152, Acts of the 85th Legislature, Regular Session, 2017, is
235		-	amended to read as follows:
236		-	(d) A student whose absence is excused under Subsection (b),
237		-	(b-1), (b-2), (b-4), (b-5), (b-7), or (c) may not be penalized for
238		-	that absence and shall be counted as if the student attended school
239		-	for purposes of calculating the average daily attendance of
240		-	students in the school district. A student whose absence is
241		-	excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), (b-7), or
242		-	(c) shall be allowed a reasonable time to make up school work missed
243		-	on those days. If the student satisfactorily completes the school
244		-	work, the day of absence shall be counted as a day of compulsory
245		-	attendance.
246		-	SECTION 4. Section 25.087, Education Code, as amended by
247		-	this Act, and Sections 29.351-29.359, Education Code, as added by
248		-	this Act, apply beginning with the 2018-2019 school year.
249		-	SECTION 5. This Act takes effect immediately if it receives
	72	+	provided by a practitioner or provider under Section 29.357;
	73	+	(4) costs of assistive technology;
	74	+	(5) in-home and community-based training;
	75	+	(6) positive behavioral support strategies;
	76	+	(7) parent and family training support;
	77	+	(8) communication interventions; and
	78	+	(9) social skills, supports, and strategies.
	79	+	(a-1) Any services not listed in (A) do not qualify as
	80	+	enhancement services and are not eligible for funding under this
	81	+	subchapter.
	82	+	(B) Enhancement services shall be chosen by the parent in
	83	+	consultation with the school principal's designee. The principal's
	84	+	designee shall advise the parent on the enhancement program. The
	85	+	parent shall choose the enhancement services and the private
	86	+	service provider the program participant uses under this
	87	+	subchapter.
	88	+	Sec. 29.355. PROTECTION OF RIGHTS. (a) Students using
	89	+	funds through a school district to access enhancement services from
	90	+	an approved provider under Section 29.357 shall maintain rights
	91	+	awarded to the student under Section 504, Rehabilitation Act of
	92	+	1973 (29 U.S.C. Section 794) and Individuals with Disabilities
	93	+	Education Act (20 U.S.C. Section 1400 et seq.), and the Americans
	94	+	with Disabilities Act.
	95	+	Sec. 29.356. ALLOCATION OF PROGRAM FUNDS.
	96	+	(a) This program shall be funded at $10 million per year
	97	+	from the state's general revenue fund.
	98	+	(b) The commissioner shall award program funds to fund
	99	+	enhancement services for students that meet the eligibility
	100	+	criteria under Subsection 29.353. In awarding program funds to
	101	+	eligible students, the commissioner shall prioritize students that
	102	+	are economically disadvantaged. The selected students must reflect
	103	+	the diversity of this state.
	104	+	Sec. 29.357. PRIVATE SERVICE PROVIDER REQUIREMENTS.
	105	+	(A) To be a private service provider, an entity or
	106	+	individual:
	107	+	(1) must be determined and approved by the
	108	+	commissioner;
	109	+	(2) must provide the agency a current financial audit
	110	+	from a certified public accountant;
	111	+	(3) must have operated for at least three or more
	112	+	consecutive years, one of which has been in Texas;
	113	+	(4) must provide evidence of having successfully
	114	+	passed a criminal background check;
	115	+	(5) must provide the agency a list of state and
	116	+	national certification licensure credentials the provider has
	117	+	achieved;
	118	+	(6) must agree to comply with the state's curriculum
	119	+	standards under Section 28.002 (b-3) and (b-4);
	120	+	(7) may document to the commissioner that it provides
	121	+	one or more of the enhancement services under 29.354 through an
	122	+	existing contract with a school district; and
	123	+	(8) may not solicit program participants to use their
	124	+	private services with gifts, money, promotions, or any other kind
	125	+	of emollient.
	126	+	(a-1) A parent, the principal's designee who consults
	127	+	with the parent of a program participant, or a private service
	128	+	provider may appeal to the agency for a specific private service
	129	+	provider to be approved. The commissioner shall develop rules to
	130	+	implement this process.
	131	+	(B) A private service provider shall deliver enhancement
	132	+	services to a program participant on the basis of a written
	133	+	agreement between the private service provider and the school
	134	+	district in which the program participant is enrolled.
	135	+	(C) (1) The private service provider must participate in a
	136	+	meeting with the parent and the principal's designee who consults
	137	+	with the parent of a program participant at least one time within a
	138	+	semester of participation in enhancement services to discuss
	139	+	progress and continued use of the private service provider's
	140	+	enhancement services.
	141	+	(2) A parent, the principal's designee who consults
	142	+	with the parent of a program participant, or a private service
	143	+	provider may request more frequent meetings between these groups to
	144	+	discuss progress and continued use of the private service
	145	+	provider's enhancement services.
	146	+	(3) At the conclusion of the school year, enhancement
	147	+	services cease. A parent must re-apply in a subsequent school year
	148	+	to receive enhancement services during a subsequent school year.
	149	+	Sec. 29.357. ACCOUNTABILITY. (a) An approved private
	150	+	service provider shall adhere to the following accountability
	151	+	standards to receive and maintain eligibility:
	152	+	(1) report to the participating school district at the end
	153	+	of each semester on the services the program participant has
	154	+	received or will receive in accordance with the contract as well as
	155	+	diagnostic or other evaluative information that the district
	156	+	requires in order to fulfill its obligations under this subchapter;
	157	+	(2) conduct pre- and post- measurement evaluations of the
	158	+	program participant, and share this information with the program
	159	+	participant's parent and participating school district;
	160	+	(3) maintain a written contract with the school district of
	161	+	the program participant to provide enhancement services;
	162	+	(4) appropriately invoice the school district of the
	163	+	program participant to provide enhancement services.
	164	+	(b) The commissioner shall annually review previously
	165	+	approved private service providers to determine if the private
	166	+	service provider shall remain an approved provider for enhancement
	167	+	services.
	168	+	Sec. 29.358. PROGRAM REVIEW. (a) the agency with input
	169	+	from program participants, parents of program participants,
	170	+	private service providers, and participating school districts
	171	+	shall review the performance of this program as established by
	172	+	Subchapter J, and report to the legislature by December 31, 2020.
	173	+	Sec. 29.359. STUDY. No later than September 1, 2018, the
	174	+	agency shall report its findings to the legislature from a parent
	175	+	survey and study of the special education services received from
	176	+	the local school districts where their child(ren) are enrolled to
	177	+	determine whether those services meet the requirements of IDEA, 504
	178	+	and ADA or if the provided services are insufficient to meet the
	179	+	needs of the child as stipulated in his or her individualized
	180	+	education plan or 504 plan. The agency will include in its report to
	181	+	the legislature a list of services that parents feel are needed but
	182	+	not being provided along with the reasons for a lack of services
	183	+	being provided.
	184	+	Sec. 29.360. EXCUSED ABSENCES. (a) an appointment or
	185	+	meeting with an approved private service provider for enhancement
	186	+	services provided by the special education enhancement program
	187	+	established under Subchapter J shall be considered excused
	188	+	absences. Services under this subchapter must supplement, not
	189	+	supplant, educational services provided by the school district.
	190	+	Sec. 29.361. RESPONSIBILITY OF OTHER AGENCIES. (a) The
	191	+	provision of services under this section does not supersede or
	192	+	limit the responsibility of other agencies to provide or pay for
	193	+	costs of enhancement services to enable any student with
	194	+	disabilities to receive a free appropriate public education in the
	195	+	least restrictive environment. Specifically, services provided
	196	+	under this section may not be used for a student with disabilities
	197	+	who is currently placed in a residential facility primarily for
	198	+	non-educational reasons.
	199	+	SECTION 2. This Act applies beginning with the 2018-2019
	200	+	school year.
	201	+	SECTION 3. This Act takes effect immediately if it receives
250	202		a vote of two-thirds of all the members elected to each house, as
251	203		provided by Section 39, Article III, Texas Constitution. If this
252	204		Act does not receive the vote necessary for immediate effect, this
253		-	Act takes effect on the 91st day after the last day of the
254		-	legislative session.
	205	+	Act takes effect September 1, 2017.