85S12039 KJE-F
By: VanDeaver, Huberty, Simmons, Bernal H.B. No. 320
Substitute the following for H.B. No. 320:
By: VanDeaver C.S.H.B. No. 320
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of an education enhancement program
for students with certain disabilities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION ENHANCEMENT PROGRAM FOR STUDENTS WITH
DISABILITIES
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(2) "Program" means the education enhancement program
for students with disabilities established under this subchapter.
(3) "Program participant" means a student and a parent
of a student who has been accepted into the program.
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The commissioner
shall establish and administer an education enhancement program for
students with disabilities to provide funding for eligible students
to obtain educational support services and other resources that:
(1) supplement the student's public education;
(2) promote and improve the student's overall academic
performance; and
(3) exceed the level of services that the student's
committee has determined to be necessary for the student to receive
a free appropriate public education.
Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible
to participate in the program if:
(1) the student is enrolled in a school district and
was enrolled in that district during the entire preceding school
year;
(2) the student has one or more of the following
disabilities:
(A) dyslexia;
(B) autism;
(C) speech disability; or
(D) learning disability; and
(3) for one or more disabilities listed in Subdivision
(2):
(A) an individualized education program has been
developed for the student under Section 29.005; or
(B) the student is covered by Section 504,
Rehabilitation Act of 1973 (29 U.S.C. Section 794).
(b) Notwithstanding Subsection (a), a student placed in a
residential facility primarily for noneducational reasons is not
eligible to participate in the program.
Sec. 29.354. APPLICATION PROCESS. (a) On or before the date
established by commissioner rule, each school district annually
shall provide information regarding the program to a parent of each
student enrolled in the district who may be eligible to participate
in the program.
(b) On or before the date established by commissioner rule,
a parent of an eligible student may apply on behalf of the student
to the agency for participation in the program for the school year
for which the application is made. The school district in which the
student is enrolled shall assist the parent in making the
application.
(c) In accepting students into the program, the
commissioner shall:
(1) give priority to students who are educationally
disadvantaged; and
(2) to the greatest extent possible, ensure that the
accepted students reflect the diversity of the state.
(d) The commissioner annually shall notify each program
participant and each school district in which a student
participating in the program is enrolled that:
(1) a program participant must reapply to participate
in the program for each school year in which the participant wishes
to participate in the program; and
(2) continued acceptance into the program is not
guaranteed.
Sec. 29.355. ALLOCATION OF MONEY; FINANCING. (a) For each
school year, the commissioner shall allocate money available for
the program to each school district in which a student
participating in the program is enrolled in amounts determined by
the commissioner. The total amount of money used for the program for
a school year may not exceed $10 million.
(b) The commissioner may only use money appropriated from
the general revenue fund for purposes of the program.
Sec. 29.356. QUALIFIED EXPENSES. (a) Funds received under
the program may be used only for the following services or goods
provided to a program participant by an education service provider
or vendor of educational products approved by the commissioner
under Section 29.357:
(1) costs of transportation for the student to receive
educational support services;
(2) fees for services provided by a private tutor or
teaching service;
(3) fees for educational therapies or support services
provided by a practitioner or provider;
(4) costs of assistive technology; and
(5) costs associated with the provision of:
(A) in-home and community-based training;
(B) positive behavioral support strategies;
(C) family training support;
(D) communication interventions; and
(E) social skills, supports, and strategies
training.
(b) The parent of a student participating in the program,
with the assistance of an employee of the school at which the
student is enrolled designated for that purpose by the school's
principal, shall select the services or goods allowed under
Subsection (a) to be provided to the student under the program and
the appropriate education service provider or vendor of educational
products to provide those services or goods.
(c) On the parent's selection under Subsection (b), the
school district in which the parent's student is enrolled shall
contract with the selected education service provider or vendor of
educational products to provide the selected services or goods to
the student.
(d) An education service provider or vendor of educational
products may not solicit or provide incentives to any program
participant to select the provider or vendor to provide services or
goods using money distributed under the program.
Sec. 29.357. PROVIDER AND VENDOR ACCOUNTABILITY. (a) An
education service provider or vendor of educational products must
apply to and be approved by the commissioner to receive money
distributed under the program.
(b) To be eligible for approval under Subsection (a), an
education service provider or vendor of educational products must:
(1) have operated for at least three consecutive
years, including at least one year in this state;
(2) provide to the commissioner:
(A) a current financial audit from a certified
public accountant;
(B) documentation indicating that the provider
or vendor has completed a national criminal history record
information review within a period established by commissioner
rule; and
(C) a list of any national or state licenses,
certifications, or credentials possessed by the provider or vendor;
and
(3) agree not to use the national curriculum standards
developed by the Common Core State Standards Initiative.
(c) In applying for approval under Subsection (a), an
education service provider or vendor of educational products may
submit to the commissioner a statement listing the services or
goods allowed under Section 29.356(a) that the provider or vendor
provides to a school district under an existing contract.
(d) A parent of a student participating in the program, an
employee of the student's school designated under Section
29.356(b), or an education service provider or vendor of
educational products may appeal the commissioner's rejection of an
application submitted under Subsection (a) in accordance with rules
established by the commissioner.
(e) To maintain approval under this section, an education
service provider or vendor of educational products must, with
respect to each student for the benefit of whom the provider or
vendor contracts with a school district under Section 29.356(c):
(1) at the end of each semester, report to the school
district regarding the services or goods provided under the
contract to the student, including any diagnostic or other
evaluative information requested by the district;
(2) conduct pre- and post-measurement evaluations of
the student and provide the results of those evaluations to the
student's parent and the school district; and
(3) submit to the school district accurate and
complete invoices regarding the services or goods provided to the
student.
(f) At least once each semester, an education service
provider or vendor of educational products selected to provide
services or goods to a student participating in the program shall
meet with the student's parent and the employee of the student's
school designated under Section 29.356(b) at a time and place
determined by the school district to discuss the student's progress
and to evaluate the continued use of the provider or vendor. The
student's parent, designated employee, or provider or vendor may
request additional meetings to be held under this subsection.
(g) The commissioner annually shall review each approved
education service provider or vendor of educational products and,
as appropriate, renew or revoke that approval.
(h) On approving an education service provider or vendor of
educational products under this section, the commissioner shall
notify the provider or vendor regarding the annual review of
approval under Subsection (g). The notice must include a statement
that renewed approval under that subsection is not guaranteed.
Sec. 29.358. PROGRAM PARTICIPANT RIGHTS. (a) A student's
participation in the program does not affect the student's rights
or a school district's obligations with respect to the student
under the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.); Section 504, Rehabilitation Act of 1973 (29
U.S.C. Section 794); or the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et seq.).
(b) An education service provider or vendor of educational
products must comply with the federal laws listed in Subsection (a)
in providing services or goods to the student under the program.
(c) The provision of services or goods to a student under
this subchapter does not affect the obligations of any state agency
with respect to the student.
Sec. 29.359. RULES. The commissioner may adopt rules as
necessary to implement this subchapter.
Sec. 29.3591. PROGRAM REVIEW. (a) Not later than December
31, 2020, the agency shall review the performance of the program and
submit to the legislature a report on the agency's conclusions.
(b) In conducting the review, the agency shall solicit input
from program participants, participating school districts, and
education service providers and vendors of educational products
approved by the commissioner under Section 29.357.
(c) This section expires September 1, 2021.
Sec. 29.3592. STUDY ON SPECIAL EDUCATION SERVICES. (a) The
agency shall conduct a study on the special education services
provided by school districts to students with disabilities to
determine whether those services satisfy the requirements under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.); Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794); and the Americans with Disabilities Act of 1990 (42
U.S.C. Section 12101 et seq.).
(b) In conducting the study, the agency shall survey parents
of students with disabilities enrolled in school districts.
(c) Not later than September 1, 2018, the agency shall
submit to the legislature a report on the results of the study. The
report must include a list of services that parents feel are needed
but are not currently being provided and the reasons why the listed
services are not being provided.
(d) This section expires September 1, 2019.
SECTION 2. Section 25.087, Education Code, is amended by
adding Subsection (b-7) to read as follows:
(b-7) A school district shall excuse a student from
attending school during lunch, study hall, or an open period to
attend an appointment or meeting with an education service provider
or vendor of educational products to receive services or goods
provided using money distributed under the education enhancement
program for students with disabilities under Subchapter J, Chapter
29.
SECTION 3. Section 25.087(d), Education Code, as amended by
S.B. 1152, Acts of the 85th Legislature, Regular Session, 2017, is
amended to read as follows:
(d) A student whose absence is excused under Subsection (b),
(b-1), (b-2), (b-4), (b-5), (b-7), or (c) may not be penalized for
that absence and shall be counted as if the student attended school
for purposes of calculating the average daily attendance of
students in the school district. A student whose absence is
excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), (b-7), or
(c) shall be allowed a reasonable time to make up school work missed
on those days. If the student satisfactorily completes the school
work, the day of absence shall be counted as a day of compulsory
attendance.
SECTION 4. Section 25.087, Education Code, as amended by
this Act, and Sections 29.351-29.359, Education Code, as added by
this Act, apply beginning with the 2018-2019 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 on the 91st day after the last day of the
legislative session.