1 | 1 | | By: Toth H.B. No. 1015 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to an education microgrant pilot program for certain |
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7 | 7 | | children with special needs and other educational disadvantages. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Chapter 29, Education Code, is amended by adding |
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10 | 10 | | Subchapter J to read as follows: |
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11 | 11 | | SUBCHAPTER J. EDUCATION MICROGRANT PILOT PROGRAM |
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12 | 12 | | Sec. 29.351. DEFINITIONS. In this subchapter: |
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13 | 13 | | (1) "Microgrant" means an education microgrant |
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14 | 14 | | account established under the pilot program. |
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15 | 15 | | (2) "Account" means an education microgrant account |
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16 | 16 | | established under the pilot program. |
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17 | 17 | | (3) "Child with a disability" means a child who is: |
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18 | 18 | | (A) eligible to participate in a school |
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19 | 19 | | district's special education program under Section 29.003; or |
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20 | 20 | | (B) covered by Section 504, Rehabilitation Act of |
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21 | 21 | | 1973 (29 U.S.C. Section 794). |
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22 | 22 | | (4) "Curriculum" means a complete course of study for |
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23 | 23 | | a particular content area or grade level. |
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24 | 24 | | (5) "Financial institution" means a bank, credit |
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25 | 25 | | union, savings bank, or savings and loan association organized |
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26 | 26 | | under the laws of this state, the laws of another state, or federal |
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27 | 27 | | law that has its main office or a branch office in this state. The |
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28 | 28 | | term does not include any institution the deposits of which are not |
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29 | 29 | | insured by the Federal Deposit Insurance Corporation or the |
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30 | 30 | | National Credit Union Administration. |
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31 | 31 | | (6) "Parent" means a resident of this state who is a |
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32 | 32 | | natural or adoptive parent, managing or possessory conservator, |
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33 | 33 | | legal guardian, custodian, or other person with legal authority to |
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34 | 34 | | act on behalf of a child. |
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35 | 35 | | (7) "Pilot program" means the education microgrant |
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36 | 36 | | pilot program established under this subchapter. |
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37 | 37 | | (8) "Pilot program participant" means a child and a |
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38 | 38 | | parent of a child enrolled in the pilot program. |
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39 | 39 | | (9) "Postsecondary educational institution" means: |
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40 | 40 | | (A) an institution of higher education or a |
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41 | 41 | | private or independent institution of higher education as defined |
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42 | 42 | | by Section 61.003; or |
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43 | 43 | | (B) a career school or college as defined by |
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44 | 44 | | Section 132.001. |
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45 | 45 | | Sec. 29.352. PURPOSES. The purposes of the education |
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46 | 46 | | microgrant pilot program are to: |
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47 | 47 | | (1) improve public schools in Houston and overall |
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48 | 48 | | academic performance in Houston schools; |
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49 | 49 | | (2) promote efficiency in Houston schools; |
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50 | 50 | | (3) promote and preserve the liberties and rights of |
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51 | 51 | | the people in Houston; and |
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52 | 52 | | (4) increase parental options in Houston. |
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53 | 53 | | Sec. 29.353. ESTABLISHMENT OF PILOT PROGRAM. (a) The |
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54 | 54 | | comptroller shall establish and administer an education microgrant |
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55 | 55 | | pilot program to provide funding for certain education-related |
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56 | 56 | | expenses of eligible children. |
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57 | 57 | | (b) The comptroller shall implement the pilot program in the |
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58 | 58 | | city of Houston. |
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59 | 59 | | (c) The comptroller, with cooperation from the agency, |
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60 | 60 | | shall ensure that information about the pilot program is readily |
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61 | 61 | | available to the public through various sources, including the |
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62 | 62 | | comptroller's Internet website. The comptroller shall make |
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63 | 63 | | information about the pilot program available to parents of an |
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64 | 64 | | eligible child through the comptroller's Internet website. |
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65 | 65 | | Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to |
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66 | 66 | | participate in the pilot program if the child resides in the city of |
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67 | 67 | | Houston and: |
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68 | 68 | | (1) is eligible to attend a public school under |
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69 | 69 | | Section 25.001; |
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70 | 70 | | (2) either: |
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71 | 71 | | (A) attended a public school during the entire |
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72 | 72 | | preceding school year; |
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73 | 73 | | (B) is entering kindergarten or first grade; or |
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74 | 74 | | (C) participated in the pilot program in a |
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75 | 75 | | preceding school year; and |
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76 | 76 | | (3) meets one or more of the following criteria: |
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77 | 77 | | (A) is a child with a disability; |
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78 | 78 | | (B) resides in a school district that received an |
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79 | 79 | | unacceptable performance rating under Section 39.054 for the |
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80 | 80 | | preceding school year; |
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81 | 81 | | (C) is in the conservatorship of the Department |
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82 | 82 | | of Family and Protective Services; |
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83 | 83 | | (D) has been: |
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84 | 84 | | (i) on or after September 1, 2021, found by |
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85 | 85 | | a school district to be a victim of bullying, as defined by Section |
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86 | 86 | | 37.0832; or |
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87 | 87 | | (ii) found by a court or jury to have |
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88 | 88 | | engaged in truant conduct under Section 65.101, Family Code; |
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89 | 89 | | (E) has dropped out of school or is a student at |
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90 | 90 | | risk of dropping out of school, as defined by Section 29.081; or |
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91 | 91 | | (F) has been, as determined by the comptroller, a |
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92 | 92 | | victim of an offense described by any of the following sections of |
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93 | 93 | | the Penal Code: |
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94 | 94 | | (i) Section 20A.02 (Trafficking of |
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95 | 95 | | Persons); |
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96 | 96 | | (ii) Section 20A.03 (Continuous |
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97 | 97 | | Trafficking of Persons); |
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98 | 98 | | (iii) Section 21.02 (Continuous Sexual |
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99 | 99 | | Abuse of Young Child or Children); |
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100 | 100 | | (iv) Section 21.11 (Indecency with a |
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101 | 101 | | Child); |
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102 | 102 | | (v) Section 22.011 (Sexual Assault); |
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103 | 103 | | (vi) Section 22.021 (Aggravated Sexual |
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104 | 104 | | Assault); or |
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105 | 105 | | (vii) Section 43.05 (Compelling |
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106 | 106 | | Prostitution). |
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107 | 107 | | (b) A child who establishes eligibility under this section |
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108 | 108 | | may participate in the pilot program until the earliest of the |
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109 | 109 | | following dates: |
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110 | 110 | | (1) the date on which the child no longer meets the |
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111 | 111 | | eligibility requirements under Subsection (a); |
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112 | 112 | | (2) the date that is three months after the date on |
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113 | 113 | | which the child either: |
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114 | 114 | | (A) graduates from high school; or |
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115 | 115 | | (B) receives a high school equivalency |
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116 | 116 | | certificate under Section 7.111; |
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117 | 117 | | (3) the date on which the child enrolls in a public |
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118 | 118 | | school, including an open-enrollment charter school; or |
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119 | 119 | | (4) the date on which the child is declared ineligible |
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120 | 120 | | for the pilot program by the comptroller under this subchapter. |
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121 | 121 | | (c) Notwithstanding Subsection (b), the comptroller shall |
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122 | 122 | | establish guidelines for, in the least disruptive manner possible: |
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123 | 123 | | (1) a child participating in the pilot program to |
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124 | 124 | | cease participation and enroll in a public school, including an |
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125 | 125 | | open-enrollment charter school; and |
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126 | 126 | | (2) a child who previously participated in the pilot |
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127 | 127 | | program and subsequently enrolled in a public school, including an |
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128 | 128 | | open-enrollment charter school, to resume participation in the |
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129 | 129 | | pilot program. |
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130 | 130 | | Sec. 29.355. ENROLLMENT IN PILOT PROGRAM. (a) A parent of |
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131 | 131 | | an eligible child may enroll the child in the pilot program for the |
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132 | 132 | | following school year. |
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133 | 133 | | (b) The comptroller shall by rule create an enrollment form |
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134 | 134 | | for the pilot program and make the enrollment form readily |
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135 | 135 | | available to interested parents through various sources, including |
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136 | 136 | | the comptroller's Internet website. |
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137 | 137 | | (c) The comptroller shall work with the agency to include |
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138 | 138 | | necessary information in the enrollment form including resident |
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139 | 139 | | school district, last public school attended, information |
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140 | 140 | | necessary to identify the student in district and agency |
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141 | 141 | | information systems, and eligibility for free and reduced lunch. |
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142 | 142 | | (d) The comptroller shall provide to each parent who submits |
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143 | 143 | | an enrollment form a publication that describes the operation of |
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144 | 144 | | the pilot program, including: |
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145 | 145 | | (1) expenses allowed under the pilot program under |
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146 | 146 | | Section 29.357; |
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147 | 147 | | (2) expense reporting requirements; and |
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148 | 148 | | (3) a description of the responsibilities of pilot |
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149 | 149 | | program participants and the duties of the comptroller under this |
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150 | 150 | | subchapter. |
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151 | 151 | | Sec. 29.356. PARTICIPATION IN PILOT PROGRAM. (a) To |
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152 | 152 | | receive funding under the pilot program, a parent of an eligible |
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153 | 153 | | child must agree to: |
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154 | 154 | | (1) spend funds received through the pilot program |
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155 | 155 | | only for expenses allowed under Section 29.357; |
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156 | 156 | | (2) notify the comptroller if the child enrolls in a |
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157 | 157 | | public school, including an open-enrollment charter school, not |
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158 | 158 | | later than the 30th day after the date of enrollment; and |
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159 | 159 | | (3) inform the comptroller if the child graduates from |
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160 | 160 | | high school. |
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161 | 161 | | (b) The parent of a child participating in the pilot program |
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162 | 162 | | is the trustee of the child's microgrant account. |
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163 | 163 | | (c) The comptroller shall provide annually to each pilot |
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164 | 164 | | program participant the publication provided under Section |
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165 | 165 | | 29.355(d). |
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166 | 166 | | Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a) |
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167 | 167 | | Funds received under the pilot program may be used only for the |
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168 | 168 | | following expenses incurred by a pilot program participant: |
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169 | 169 | | (1) tuition and fees: |
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170 | 170 | | (A) at a private school accredited by an |
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171 | 171 | | organization that is recognized by the Texas Private School |
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172 | 172 | | Accreditation Commission; |
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173 | 173 | | (B) at a postsecondary educational institution |
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174 | 174 | | for courses described by Section 28.009 for which the child may |
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175 | 175 | | receive high school credit based on the written agreement drawn up |
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176 | 176 | | by the partner institutions; or |
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177 | 177 | | (C) for an online educational course or program |
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178 | 178 | | through the state virtual school network under Chapter 30A for |
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179 | 179 | | which the child may earn primary or secondary school credit; |
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180 | 180 | | (2) the purchase of textbooks or other instructional |
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181 | 181 | | materials; |
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182 | 182 | | (3) payments for the purchase of a curriculum; |
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183 | 183 | | (4) fees for classes or other educational services |
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184 | 184 | | provided by a public school, if the classes or services do not |
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185 | 185 | | qualify the child to be included in the school's average daily |
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186 | 186 | | attendance; |
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187 | 187 | | (5) fees for services provided by a private tutor or |
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188 | 188 | | teaching service; |
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189 | 189 | | (6) for a child with a disability, fees for |
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190 | 190 | | educational therapies or services, including applied behavior |
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191 | 191 | | analysis, provided by a practitioner or provider, only for fees |
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192 | 192 | | that are not covered by any federal, state, or local government |
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193 | 193 | | benefits such as Medicaid or the Children's Health Insurance |
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194 | 194 | | Program (CHIP) or by any private insurance that the child is |
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195 | 195 | | enrolled in at the time of receiving the therapies or services; |
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196 | 196 | | (7) costs of computer hardware and software and other |
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197 | 197 | | technological devices which must have a clear ability to be used for |
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198 | 198 | | educational purposes, not to exceed in any year 10 percent of the |
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199 | 199 | | total amount paid to the pilot program participant's microgrant |
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200 | 200 | | that year; |
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201 | 201 | | (8) fees for a nationally norm-referenced achievement |
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202 | 202 | | test or examination, an assessment instrument adopted by the agency |
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203 | 203 | | under Section 39.023, an advanced placement test or similar |
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204 | 204 | | examination, or any examination related to college or university |
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205 | 205 | | admission; |
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206 | 206 | | (9) contributions to a qualified tuition program |
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207 | 207 | | established for the child that meets the requirements of Section |
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208 | 208 | | 529 or 530, Internal Revenue Code of 1986, not to exceed in any year |
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209 | 209 | | 25 percent of the total amount paid to the pilot program |
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210 | 210 | | participant's microgrant that year; and |
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211 | 211 | | (10) fees for the management of the pilot program |
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212 | 212 | | participant's account charged by a financial institution. |
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213 | 213 | | (b) Expenses allowed under Subsection (a) do not include |
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214 | 214 | | expenses for: |
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215 | 215 | | (1) consumable supplies, including paper, pens, |
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216 | 216 | | pencils, folders, and notebooks; |
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217 | 217 | | (2) food; or |
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218 | 218 | | (3) before-school or after-school child care and child |
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219 | 219 | | care during school holidays and vacations. |
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220 | 220 | | (c) An education service provider or vendor of educational |
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221 | 221 | | products must provide a pilot program participant with a receipt |
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222 | 222 | | for each expense allowed under Subsection (a) charged by the |
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223 | 223 | | provider or vendor to the participant. |
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224 | 224 | | (d) The content or religious nature of a product or service |
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225 | 225 | | may not be considered in determining whether a payment for the |
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226 | 226 | | product or service is an expense allowed under Subsection (a). |
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227 | 227 | | (e) A finding that a pilot program participant used funds |
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228 | 228 | | distributed under the pilot program to pay for an expense not |
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229 | 229 | | allowed under Subsection (a) does not affect the validity of any |
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230 | 230 | | payment made by the participant for an expense that is allowed under |
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231 | 231 | | that subsection. |
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232 | 232 | | Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of |
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233 | 233 | | an eligible child as described in Section 29.354 shall receive each |
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234 | 234 | | year that the child participates in the pilot program a payment from |
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235 | 235 | | the Foundation School Program to the child's microgrant in an |
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236 | 236 | | amount that is equal to 60 percent of the state average maintenance |
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237 | 237 | | and operations expenditures per student for the preceding fiscal |
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238 | 238 | | year. |
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239 | 239 | | (b) Any funds remaining in a child's microgrant account at |
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240 | 240 | | the end of a fiscal year are carried forward to the next fiscal year |
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241 | 241 | | unless another provision of this subchapter requires the closure of |
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242 | 242 | | the account. |
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243 | 243 | | (c) The parent of a child participating in the pilot program |
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244 | 244 | | may make payments for the expenses of educational programs, |
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245 | 245 | | services, and products not covered by funds in the child's |
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246 | 246 | | microgrant. |
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247 | 247 | | (d) A payment under the pilot program may not be financed |
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248 | 248 | | using federal funds or money appropriated from the available school |
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249 | 249 | | fund. |
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250 | 250 | | Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The |
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251 | 251 | | comptroller may contract with one or more financial institutions to |
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252 | 252 | | establish and manage an account for each child participating in the |
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253 | 253 | | pilot program. A pilot program participant must be able to access |
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254 | 254 | | the participant's account by using a debit card or online or |
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255 | 255 | | electronic transfer payment service. |
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256 | 256 | | (b) The comptroller shall make quarterly payments to each |
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257 | 257 | | pilot program participant's account in equal amounts on or before |
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258 | 258 | | the 15th day of August, November, February, and May. |
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259 | 259 | | (c) The comptroller may deduct an amount from each quarterly |
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260 | 260 | | payment to a pilot program participant's account to cover the |
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261 | 261 | | comptroller's cost of administering the pilot program. The amount |
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262 | 262 | | deducted may not exceed three percent of the payment. |
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263 | 263 | | (d) Within the first month following the end of each fiscal |
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264 | 264 | | year, the comptroller shall reconcile payments made to and from all |
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265 | 265 | | accounts under the pilot program. |
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266 | 266 | | (e) The comptroller shall coordinate as necessary to |
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267 | 267 | | calculate annually the savings to the state from the implementation |
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268 | 268 | | of the pilot program. |
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269 | 269 | | (f) On the date on which a child ceases to participate in the |
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270 | 270 | | pilot program for any reason, the child's account is closed and any |
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271 | 271 | | remaining funds are returned to the state for deposit in the |
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272 | 272 | | foundation school fund. This subsection does not affect a child's |
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273 | 273 | | eligibility to resume participation in the pilot program. |
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274 | 274 | | (g) The comptroller may contract with a private entity to |
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275 | 275 | | administer all or any part of the pilot program. |
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276 | 276 | | Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The |
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277 | 277 | | comptroller shall randomly audit, or contract with a private entity |
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278 | 278 | | to randomly audit, accounts as necessary to ensure compliance with |
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279 | 279 | | applicable law and the requirements of the pilot program. |
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280 | 280 | | (b) In auditing an account, the comptroller or private |
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281 | 281 | | entity may require that a pilot program participant provide further |
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282 | 282 | | information and documentation regarding any payment from the |
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283 | 283 | | participant's account. |
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284 | 284 | | (c) The private entity shall report to the comptroller any |
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285 | 285 | | violation of this subchapter or other relevant law found by the |
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286 | 286 | | entity during an audit conducted under this section. |
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287 | 287 | | Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The comptroller |
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288 | 288 | | shall suspend the account of a pilot program participant who fails |
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289 | 289 | | to comply with applicable law or a requirement of the pilot program, |
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290 | 290 | | including a requirement under Section 29.356(a), or who |
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291 | 291 | | substantially misuses funds received under the pilot program. |
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292 | 292 | | (b) On suspension of an account under Subsection (a), the |
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293 | 293 | | comptroller shall notify the participant in writing that the |
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294 | 294 | | account has been suspended and that no further payments may be made |
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295 | 295 | | from the account. The notification must specify the grounds for the |
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296 | 296 | | suspension and state that the participant has 10 business days to |
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297 | 297 | | respond and take any corrective action required by the comptroller. |
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298 | 298 | | (c) On the expiration of the 10-day period under Subsection |
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299 | 299 | | (b), the comptroller shall: |
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300 | 300 | | (1) order permanent closure of the suspended account |
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301 | 301 | | and declare the participant ineligible for the pilot program; |
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302 | 302 | | (2) order temporary reinstatement of the account, |
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303 | 303 | | conditioned on the performance of a specified action by the |
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304 | 304 | | participant; or |
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305 | 305 | | (3) order full reinstatement of the account. |
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306 | 306 | | (d) If a pilot program participant's account is suspended or |
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307 | 307 | | closed under this section, the comptroller may recover funds that |
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308 | 308 | | were used for expenses not allowed under Section 29.357(a) from the |
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309 | 309 | | participant or the entity that received the funds. |
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310 | 310 | | Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An |
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311 | 311 | | education service provider may not charge a child participating in |
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312 | 312 | | the pilot program an amount greater than the standard amount |
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313 | 313 | | charged for that service by the provider. |
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314 | 314 | | (b) An education service provider or a vendor of educational |
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315 | 315 | | products receiving funds distributed under the pilot program may |
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316 | 316 | | not in any manner rebate, refund, or credit to or share with a pilot |
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317 | 317 | | program participant, or any person on behalf of a participant, any |
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318 | 318 | | pilot program funds paid or owed by the participant to the provider |
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319 | 319 | | or vendor. |
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320 | 320 | | Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the |
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321 | 321 | | comptroller obtains evidence of fraudulent use of an account, the |
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322 | 322 | | comptroller may refer the case to the attorney general for |
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323 | 323 | | investigation. |
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324 | 324 | | (b) With the consent of the appropriate local county or |
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325 | 325 | | district attorney, the attorney general has concurrent |
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326 | 326 | | jurisdiction with the consenting local prosecutor to prosecute an |
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327 | 327 | | offense referred to the attorney general under Subsection (a). |
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328 | 328 | | Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) A private |
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329 | 329 | | school must be accredited by an organization that is recognized by |
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330 | 330 | | the Texas Private School Accreditation Commission to receive funds |
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331 | 331 | | distributed under the pilot program. |
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332 | 332 | | (b) At least 75 percent of funds received by a private |
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333 | 333 | | school under the pilot program must be used to provide educational |
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334 | 334 | | programs and services for children participating in the pilot |
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335 | 335 | | program. |
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336 | 336 | | (c) A private tutor or teaching service and a practitioner |
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337 | 337 | | or provider who provides educational therapies or services for a |
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338 | 338 | | child with a disability must be licensed or accredited by a regional |
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339 | 339 | | or national accrediting organization to receive funds distributed |
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340 | 340 | | under the pilot program. |
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341 | 341 | | Sec. 29.365. PILOT PROGRAM PARTICIPANT, PROVIDER, AND |
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342 | 342 | | VENDOR AUTONOMY. (a) An education service provider or vendor of |
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343 | 343 | | educational products that receives funds distributed under the |
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344 | 344 | | pilot program is not an agent of the state or federal government. |
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345 | 345 | | (b) Except as provided by this subchapter, the comptroller, |
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346 | 346 | | the agency, the State Board of Education, any other state agency, or |
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347 | 347 | | any school district may not: |
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348 | 348 | | (1) regulate the educational program of an education |
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349 | 349 | | service provider or vendor of educational products that receives |
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350 | 350 | | funds distributed under the pilot program; or |
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351 | 351 | | (2) exercise control or supervision over a pilot |
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352 | 352 | | program participant or an education service provider or vendor of |
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353 | 353 | | educational products that receives funds distributed under the |
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354 | 354 | | pilot program. |
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355 | 355 | | (c) The pilot program does not expand the regulatory |
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356 | 356 | | authority of the state or any school district to impose any |
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357 | 357 | | additional regulation on an education service provider or vendor of |
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358 | 358 | | educational products except those reasonably necessary to enforce |
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359 | 359 | | the pilot program as provided by this subchapter. |
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360 | 360 | | (d) A private school may not be required to modify the |
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361 | 361 | | school's creed, practices, admissions policies, curriculum, |
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362 | 362 | | performance standards, or assessments to receive funds distributed |
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363 | 363 | | under the pilot program. |
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364 | 364 | | (e) A private school voluntarily selected by a parent for |
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365 | 365 | | the parent's child to attend or a parent who homeschools the |
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366 | 366 | | parent's child, with or without governmental assistance, may not be |
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367 | 367 | | required to comply with any state law or rule governing the |
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368 | 368 | | applicable educational program that was not in effect on January 1, |
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369 | 369 | | 2021. |
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370 | 370 | | (f) In any proceeding challenging a rule adopted by a state |
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371 | 371 | | agency or officer under this subchapter, the agency or officer has |
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372 | 372 | | the burden of proof to establish that the rule: |
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373 | 373 | | (1) is necessary to implement or enforce the pilot |
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374 | 374 | | program as provided by this subchapter; and |
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375 | 375 | | (2) does not impose an undue burden on a pilot program |
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376 | 376 | | participant or an education service provider or vendor of |
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377 | 377 | | educational products that receives or seeks to receive funds |
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378 | 378 | | distributed under the pilot program. |
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379 | 379 | | Sec. 29.366. STUDENT RECORDS. On request by the parent of a |
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380 | 380 | | child participating in the pilot program, the school district or |
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381 | 381 | | open-enrollment charter school that the child would otherwise |
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382 | 382 | | attend shall provide a copy of the child's school records possessed |
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383 | 383 | | by the district or school, if any, to the child's parent or, if |
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384 | 384 | | applicable, the private school the child attends. |
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385 | 385 | | Sec. 29.367. REPORTING NUMBER OF PARTICIPANTS. (a) Not |
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386 | 386 | | later than October 1 of each year, the comptroller shall notify the |
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387 | 387 | | commissioner and the Legislative Budget Board of the number of |
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388 | 388 | | eligible children likely to participate in the pilot program, |
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389 | 389 | | disaggregated by the school district or open-enrollment charter |
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390 | 390 | | school the eligible children would otherwise attend. |
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391 | 391 | | (b) Not later than March 1 of each year, the comptroller |
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392 | 392 | | shall provide final information to the commissioner and the |
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393 | 393 | | Legislative Budget Board regarding the number of children |
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394 | 394 | | participating in the pilot program, disaggregated in the same |
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395 | 395 | | manner as the initial information under Subsection (a). |
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396 | 396 | | Sec. 29.368. ANNUAL SURVEY. The comptroller may conduct an |
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397 | 397 | | annual parental satisfaction survey that asks each parent of a |
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398 | 398 | | child participating in the pilot program to express: |
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399 | 399 | | (1) the parent's overall level of satisfaction with |
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400 | 400 | | the pilot program; and |
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401 | 401 | | (2) the parent's opinion on specified topics and |
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402 | 402 | | issues relevant to the effectiveness of the pilot program. |
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403 | 403 | | Sec. 29.369. GIFTS, GRANTS, AND DONATIONS. The comptroller |
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404 | 404 | | may solicit and accept gifts, grants, and donations from any public |
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405 | 405 | | or private source for any expenses related to the initial |
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406 | 406 | | implementation or administration of the pilot program. |
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407 | 407 | | Sec. 29.370. REPORT. Not later than December 1, 2030, the |
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408 | 408 | | comptroller shall submit to the legislature a report on the |
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409 | 409 | | effectiveness of the pilot program and a recommendation regarding |
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410 | 410 | | whether the pilot program should be continued, expanded, or |
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411 | 411 | | terminated. |
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412 | 412 | | Sec. 29.371. RULES. The comptroller shall adopt rules as |
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413 | 413 | | necessary to implement this subchapter, including: |
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414 | 414 | | (1) rules regarding expense reporting requirements |
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415 | 415 | | for pilot program participants; and |
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416 | 416 | | (2) rules for implementing this subchapter in a manner |
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417 | 417 | | that ensures compliance with federal law regarding confidentiality |
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418 | 418 | | of student educational information, including the Family |
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419 | 419 | | Educational Rights and Privacy Act of 1974 (20 U.S.C. Section |
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420 | 420 | | 1232g). |
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421 | 421 | | Sec. 29.372. EXPIRATION. This subchapter expires September |
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422 | 422 | | 1, 2031. |
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423 | 423 | | SECTION 2. Section 48.266, Education Code, is amended by |
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424 | 424 | | adding Subsection (b-1) to read as follows: |
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425 | 425 | | (b-1) Notwithstanding Subsection (b), the commissioner |
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426 | 426 | | shall adjust enrollment estimates and entitlement for each school |
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427 | 427 | | district for each school year based on information provided by the |
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428 | 428 | | comptroller under Section 29.367. This subsection expires |
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429 | 429 | | September 1, 2024. |
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430 | 430 | | SECTION 3. Section 58.106, Family Code, is amended by |
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431 | 431 | | adding Subsection (a-1) to read as follows: |
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432 | 432 | | (a-1) Information contained in the juvenile justice |
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433 | 433 | | information system may be disseminated to the comptroller for the |
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434 | 434 | | purpose of determining a child's eligibility to participate in the |
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435 | 435 | | education microgrant pilot program under Subchapter J, Chapter 29, |
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436 | 436 | | Education Code. Information disseminated under this subsection |
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437 | 437 | | remains confidential after dissemination and may be disclosed by |
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438 | 438 | | the comptroller only as provided by this title. This subsection |
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439 | 439 | | expires September 1, 2031. |
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440 | 440 | | SECTION 4. Section 58.260, Family Code, is amended by |
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441 | 441 | | adding Subsection (a-1) to read as follows: |
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442 | 442 | | (a-1) A juvenile court shall allow, by order, the inspection |
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443 | 443 | | of records sealed under this subchapter or under Section 58.003, as |
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444 | 444 | | that law existed before September 1, 2017, by the comptroller for |
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445 | 445 | | the purpose of determining a person's eligibility to participate in |
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446 | 446 | | the education microgrant pilot program under Subchapter J, Chapter |
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447 | 447 | | 29, Education Code. |
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448 | 448 | | SECTION 5. Section 65.202, Family Code, is amended to read |
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449 | 449 | | as follows: |
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450 | 450 | | Sec. 65.202. CONFIDENTIALITY OF RECORDS. (a) Records and |
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451 | 451 | | files created under this chapter may be disclosed only to: |
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452 | 452 | | (1) the judge of the truancy court, the truant conduct |
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453 | 453 | | prosecutor, and the staff of the judge and prosecutor; |
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454 | 454 | | (2) the child or an attorney for the child; |
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455 | 455 | | (3) a governmental agency if the disclosure is |
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456 | 456 | | required or authorized by law; |
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457 | 457 | | (4) a person or entity to whom the child is referred |
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458 | 458 | | for treatment or services if the agency or institution disclosing |
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459 | 459 | | the information has entered into a written confidentiality |
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460 | 460 | | agreement with the person or entity regarding the protection of the |
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461 | 461 | | disclosed information; |
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462 | 462 | | (5) the Texas Department of Criminal Justice and the |
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463 | 463 | | Texas Juvenile Justice Department for the purpose of maintaining |
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464 | 464 | | statistical records of recidivism and for diagnosis and |
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465 | 465 | | classification; |
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466 | 466 | | (6) the agency; or |
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467 | 467 | | (7) with leave of the truancy court, any other person, |
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468 | 468 | | agency, or institution having a legitimate interest in the |
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469 | 469 | | proceeding or in the work of the court. |
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470 | 470 | | (b) Records and files created under this chapter may also be |
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471 | 471 | | disclosed to the comptroller for the purpose of determining a |
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472 | 472 | | child's eligibility to participate in the education microgrant |
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473 | 473 | | pilot program under Subchapter J, Chapter 29, Education Code. This |
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474 | 474 | | subsection expires September 1, 2031. |
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475 | 475 | | SECTION 6. Section 411.109, Government Code, is amended by |
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476 | 476 | | adding Subsection (c) to read as follows: |
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477 | 477 | | (c) The comptroller is entitled to obtain from the |
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478 | 478 | | department criminal history record information maintained by the |
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479 | 479 | | department that relates to a child for the purpose of determining |
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480 | 480 | | the child's eligibility to participate in the education microgrant |
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481 | 481 | | pilot program under Subchapter J, Chapter 29, Education Code. This |
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482 | 482 | | subsection expires September 1, 2031. |
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483 | 483 | | SECTION 7. This Act applies beginning with the 2021-2022 |
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484 | 484 | | school year. |
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485 | 485 | | SECTION 8. Not later than 45 days after the effective date |
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486 | 486 | | of this Act, the comptroller of public accounts shall adopt rules |
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487 | 487 | | necessary to implement the education microgrant pilot program under |
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488 | 488 | | Subchapter J, Chapter 29, Education Code, as added by this Act. |
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489 | 489 | | SECTION 9. This Act takes effect immediately if it receives |
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490 | 490 | | a vote of two-thirds of all the members elected to each house, as |
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491 | 491 | | provided by Section 39, Article III, Texas Constitution. If this |
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492 | 492 | | Act does not receive the vote necessary for immediate effect, this |
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493 | 493 | | Act takes effect September 1, 2021. |
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