Texas 2021 - 87th Regular

Texas House Bill HB1015 Compare Versions

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11 By: Toth H.B. No. 1015
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33
44 A BILL TO BE ENTITLED
55 AN ACT
66 relating to an education microgrant pilot program for certain
77 children with special needs and other educational disadvantages.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Chapter 29, Education Code, is amended by adding
1010 Subchapter J to read as follows:
1111 SUBCHAPTER J. EDUCATION MICROGRANT PILOT PROGRAM
1212 Sec. 29.351. DEFINITIONS. In this subchapter:
1313 (1) "Microgrant" means an education microgrant
1414 account established under the pilot program.
1515 (2) "Account" means an education microgrant account
1616 established under the pilot program.
1717 (3) "Child with a disability" means a child who is:
1818 (A) eligible to participate in a school
1919 district's special education program under Section 29.003; or
2020 (B) covered by Section 504, Rehabilitation Act of
2121 1973 (29 U.S.C. Section 794).
2222 (4) "Curriculum" means a complete course of study for
2323 a particular content area or grade level.
2424 (5) "Financial institution" means a bank, credit
2525 union, savings bank, or savings and loan association organized
2626 under the laws of this state, the laws of another state, or federal
2727 law that has its main office or a branch office in this state. The
2828 term does not include any institution the deposits of which are not
2929 insured by the Federal Deposit Insurance Corporation or the
3030 National Credit Union Administration.
3131 (6) "Parent" means a resident of this state who is a
3232 natural or adoptive parent, managing or possessory conservator,
3333 legal guardian, custodian, or other person with legal authority to
3434 act on behalf of a child.
3535 (7) "Pilot program" means the education microgrant
3636 pilot program established under this subchapter.
3737 (8) "Pilot program participant" means a child and a
3838 parent of a child enrolled in the pilot program.
3939 (9) "Postsecondary educational institution" means:
4040 (A) an institution of higher education or a
4141 private or independent institution of higher education as defined
4242 by Section 61.003; or
4343 (B) a career school or college as defined by
4444 Section 132.001.
4545 Sec. 29.352. PURPOSES. The purposes of the education
4646 microgrant pilot program are to:
4747 (1) improve public schools in Houston and overall
4848 academic performance in Houston schools;
4949 (2) promote efficiency in Houston schools;
5050 (3) promote and preserve the liberties and rights of
5151 the people in Houston; and
5252 (4) increase parental options in Houston.
5353 Sec. 29.353. ESTABLISHMENT OF PILOT PROGRAM. (a) The
5454 comptroller shall establish and administer an education microgrant
5555 pilot program to provide funding for certain education-related
5656 expenses of eligible children.
5757 (b) The comptroller shall implement the pilot program in the
5858 city of Houston.
5959 (c) The comptroller, with cooperation from the agency,
6060 shall ensure that information about the pilot program is readily
6161 available to the public through various sources, including the
6262 comptroller's Internet website. The comptroller shall make
6363 information about the pilot program available to parents of an
6464 eligible child through the comptroller's Internet website.
6565 Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to
6666 participate in the pilot program if the child resides in the city of
6767 Houston and:
6868 (1) is eligible to attend a public school under
6969 Section 25.001;
7070 (2) either:
7171 (A) attended a public school during the entire
7272 preceding school year;
7373 (B) is entering kindergarten or first grade; or
7474 (C) participated in the pilot program in a
7575 preceding school year; and
7676 (3) meets one or more of the following criteria:
7777 (A) is a child with a disability;
7878 (B) resides in a school district that received an
7979 unacceptable performance rating under Section 39.054 for the
8080 preceding school year;
8181 (C) is in the conservatorship of the Department
8282 of Family and Protective Services;
8383 (D) has been:
8484 (i) on or after September 1, 2021, found by
8585 a school district to be a victim of bullying, as defined by Section
8686 37.0832; or
8787 (ii) found by a court or jury to have
8888 engaged in truant conduct under Section 65.101, Family Code;
8989 (E) has dropped out of school or is a student at
9090 risk of dropping out of school, as defined by Section 29.081; or
9191 (F) has been, as determined by the comptroller, a
9292 victim of an offense described by any of the following sections of
9393 the Penal Code:
9494 (i) Section 20A.02 (Trafficking of
9595 Persons);
9696 (ii) Section 20A.03 (Continuous
9797 Trafficking of Persons);
9898 (iii) Section 21.02 (Continuous Sexual
9999 Abuse of Young Child or Children);
100100 (iv) Section 21.11 (Indecency with a
101101 Child);
102102 (v) Section 22.011 (Sexual Assault);
103103 (vi) Section 22.021 (Aggravated Sexual
104104 Assault); or
105105 (vii) Section 43.05 (Compelling
106106 Prostitution).
107107 (b) A child who establishes eligibility under this section
108108 may participate in the pilot program until the earliest of the
109109 following dates:
110110 (1) the date on which the child no longer meets the
111111 eligibility requirements under Subsection (a);
112112 (2) the date that is three months after the date on
113113 which the child either:
114114 (A) graduates from high school; or
115115 (B) receives a high school equivalency
116116 certificate under Section 7.111;
117117 (3) the date on which the child enrolls in a public
118118 school, including an open-enrollment charter school; or
119119 (4) the date on which the child is declared ineligible
120120 for the pilot program by the comptroller under this subchapter.
121121 (c) Notwithstanding Subsection (b), the comptroller shall
122122 establish guidelines for, in the least disruptive manner possible:
123123 (1) a child participating in the pilot program to
124124 cease participation and enroll in a public school, including an
125125 open-enrollment charter school; and
126126 (2) a child who previously participated in the pilot
127127 program and subsequently enrolled in a public school, including an
128128 open-enrollment charter school, to resume participation in the
129129 pilot program.
130130 Sec. 29.355. ENROLLMENT IN PILOT PROGRAM. (a) A parent of
131131 an eligible child may enroll the child in the pilot program for the
132132 following school year.
133133 (b) The comptroller shall by rule create an enrollment form
134134 for the pilot program and make the enrollment form readily
135135 available to interested parents through various sources, including
136136 the comptroller's Internet website.
137137 (c) The comptroller shall work with the agency to include
138138 necessary information in the enrollment form including resident
139139 school district, last public school attended, information
140140 necessary to identify the student in district and agency
141141 information systems, and eligibility for free and reduced lunch.
142142 (d) The comptroller shall provide to each parent who submits
143143 an enrollment form a publication that describes the operation of
144144 the pilot program, including:
145145 (1) expenses allowed under the pilot program under
146146 Section 29.357;
147147 (2) expense reporting requirements; and
148148 (3) a description of the responsibilities of pilot
149149 program participants and the duties of the comptroller under this
150150 subchapter.
151151 Sec. 29.356. PARTICIPATION IN PILOT PROGRAM. (a) To
152152 receive funding under the pilot program, a parent of an eligible
153153 child must agree to:
154154 (1) spend funds received through the pilot program
155155 only for expenses allowed under Section 29.357;
156156 (2) notify the comptroller if the child enrolls in a
157157 public school, including an open-enrollment charter school, not
158158 later than the 30th day after the date of enrollment; and
159159 (3) inform the comptroller if the child graduates from
160160 high school.
161161 (b) The parent of a child participating in the pilot program
162162 is the trustee of the child's microgrant account.
163163 (c) The comptroller shall provide annually to each pilot
164164 program participant the publication provided under Section
165165 29.355(d).
166166 Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a)
167167 Funds received under the pilot program may be used only for the
168168 following expenses incurred by a pilot program participant:
169169 (1) tuition and fees:
170170 (A) at a private school accredited by an
171171 organization that is recognized by the Texas Private School
172172 Accreditation Commission;
173173 (B) at a postsecondary educational institution
174174 for courses described by Section 28.009 for which the child may
175175 receive high school credit based on the written agreement drawn up
176176 by the partner institutions; or
177177 (C) for an online educational course or program
178178 through the state virtual school network under Chapter 30A for
179179 which the child may earn primary or secondary school credit;
180180 (2) the purchase of textbooks or other instructional
181181 materials;
182182 (3) payments for the purchase of a curriculum;
183183 (4) fees for classes or other educational services
184184 provided by a public school, if the classes or services do not
185185 qualify the child to be included in the school's average daily
186186 attendance;
187187 (5) fees for services provided by a private tutor or
188188 teaching service;
189189 (6) for a child with a disability, fees for
190190 educational therapies or services, including applied behavior
191191 analysis, provided by a practitioner or provider, only for fees
192192 that are not covered by any federal, state, or local government
193193 benefits such as Medicaid or the Children's Health Insurance
194194 Program (CHIP) or by any private insurance that the child is
195195 enrolled in at the time of receiving the therapies or services;
196196 (7) costs of computer hardware and software and other
197197 technological devices which must have a clear ability to be used for
198198 educational purposes, not to exceed in any year 10 percent of the
199199 total amount paid to the pilot program participant's microgrant
200200 that year;
201201 (8) fees for a nationally norm-referenced achievement
202202 test or examination, an assessment instrument adopted by the agency
203203 under Section 39.023, an advanced placement test or similar
204204 examination, or any examination related to college or university
205205 admission;
206206 (9) contributions to a qualified tuition program
207207 established for the child that meets the requirements of Section
208208 529 or 530, Internal Revenue Code of 1986, not to exceed in any year
209209 25 percent of the total amount paid to the pilot program
210210 participant's microgrant that year; and
211211 (10) fees for the management of the pilot program
212212 participant's account charged by a financial institution.
213213 (b) Expenses allowed under Subsection (a) do not include
214214 expenses for:
215215 (1) consumable supplies, including paper, pens,
216216 pencils, folders, and notebooks;
217217 (2) food; or
218218 (3) before-school or after-school child care and child
219219 care during school holidays and vacations.
220220 (c) An education service provider or vendor of educational
221221 products must provide a pilot program participant with a receipt
222222 for each expense allowed under Subsection (a) charged by the
223223 provider or vendor to the participant.
224224 (d) The content or religious nature of a product or service
225225 may not be considered in determining whether a payment for the
226226 product or service is an expense allowed under Subsection (a).
227227 (e) A finding that a pilot program participant used funds
228228 distributed under the pilot program to pay for an expense not
229229 allowed under Subsection (a) does not affect the validity of any
230230 payment made by the participant for an expense that is allowed under
231231 that subsection.
232232 Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of
233233 an eligible child as described in Section 29.354 shall receive each
234234 year that the child participates in the pilot program a payment from
235235 the Foundation School Program to the child's microgrant in an
236236 amount that is equal to 60 percent of the state average maintenance
237237 and operations expenditures per student for the preceding fiscal
238238 year.
239239 (b) Any funds remaining in a child's microgrant account at
240240 the end of a fiscal year are carried forward to the next fiscal year
241241 unless another provision of this subchapter requires the closure of
242242 the account.
243243 (c) The parent of a child participating in the pilot program
244244 may make payments for the expenses of educational programs,
245245 services, and products not covered by funds in the child's
246246 microgrant.
247247 (d) A payment under the pilot program may not be financed
248248 using federal funds or money appropriated from the available school
249249 fund.
250250 Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The
251251 comptroller may contract with one or more financial institutions to
252252 establish and manage an account for each child participating in the
253253 pilot program. A pilot program participant must be able to access
254254 the participant's account by using a debit card or online or
255255 electronic transfer payment service.
256256 (b) The comptroller shall make quarterly payments to each
257257 pilot program participant's account in equal amounts on or before
258258 the 15th day of August, November, February, and May.
259259 (c) The comptroller may deduct an amount from each quarterly
260260 payment to a pilot program participant's account to cover the
261261 comptroller's cost of administering the pilot program. The amount
262262 deducted may not exceed three percent of the payment.
263263 (d) Within the first month following the end of each fiscal
264264 year, the comptroller shall reconcile payments made to and from all
265265 accounts under the pilot program.
266266 (e) The comptroller shall coordinate as necessary to
267267 calculate annually the savings to the state from the implementation
268268 of the pilot program.
269269 (f) On the date on which a child ceases to participate in the
270270 pilot program for any reason, the child's account is closed and any
271271 remaining funds are returned to the state for deposit in the
272272 foundation school fund. This subsection does not affect a child's
273273 eligibility to resume participation in the pilot program.
274274 (g) The comptroller may contract with a private entity to
275275 administer all or any part of the pilot program.
276276 Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The
277277 comptroller shall randomly audit, or contract with a private entity
278278 to randomly audit, accounts as necessary to ensure compliance with
279279 applicable law and the requirements of the pilot program.
280280 (b) In auditing an account, the comptroller or private
281281 entity may require that a pilot program participant provide further
282282 information and documentation regarding any payment from the
283283 participant's account.
284284 (c) The private entity shall report to the comptroller any
285285 violation of this subchapter or other relevant law found by the
286286 entity during an audit conducted under this section.
287287 Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The comptroller
288288 shall suspend the account of a pilot program participant who fails
289289 to comply with applicable law or a requirement of the pilot program,
290290 including a requirement under Section 29.356(a), or who
291291 substantially misuses funds received under the pilot program.
292292 (b) On suspension of an account under Subsection (a), the
293293 comptroller shall notify the participant in writing that the
294294 account has been suspended and that no further payments may be made
295295 from the account. The notification must specify the grounds for the
296296 suspension and state that the participant has 10 business days to
297297 respond and take any corrective action required by the comptroller.
298298 (c) On the expiration of the 10-day period under Subsection
299299 (b), the comptroller shall:
300300 (1) order permanent closure of the suspended account
301301 and declare the participant ineligible for the pilot program;
302302 (2) order temporary reinstatement of the account,
303303 conditioned on the performance of a specified action by the
304304 participant; or
305305 (3) order full reinstatement of the account.
306306 (d) If a pilot program participant's account is suspended or
307307 closed under this section, the comptroller may recover funds that
308308 were used for expenses not allowed under Section 29.357(a) from the
309309 participant or the entity that received the funds.
310310 Sec. 29.362. TUITION AND FEES; REFUND PROHIBITED. (a) An
311311 education service provider may not charge a child participating in
312312 the pilot program an amount greater than the standard amount
313313 charged for that service by the provider.
314314 (b) An education service provider or a vendor of educational
315315 products receiving funds distributed under the pilot program may
316316 not in any manner rebate, refund, or credit to or share with a pilot
317317 program participant, or any person on behalf of a participant, any
318318 pilot program funds paid or owed by the participant to the provider
319319 or vendor.
320320 Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the
321321 comptroller obtains evidence of fraudulent use of an account, the
322322 comptroller may refer the case to the attorney general for
323323 investigation.
324324 (b) With the consent of the appropriate local county or
325325 district attorney, the attorney general has concurrent
326326 jurisdiction with the consenting local prosecutor to prosecute an
327327 offense referred to the attorney general under Subsection (a).
328328 Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) A private
329329 school must be accredited by an organization that is recognized by
330330 the Texas Private School Accreditation Commission to receive funds
331331 distributed under the pilot program.
332332 (b) At least 75 percent of funds received by a private
333333 school under the pilot program must be used to provide educational
334334 programs and services for children participating in the pilot
335335 program.
336336 (c) A private tutor or teaching service and a practitioner
337337 or provider who provides educational therapies or services for a
338338 child with a disability must be licensed or accredited by a regional
339339 or national accrediting organization to receive funds distributed
340340 under the pilot program.
341341 Sec. 29.365. PILOT PROGRAM PARTICIPANT, PROVIDER, AND
342342 VENDOR AUTONOMY. (a) An education service provider or vendor of
343343 educational products that receives funds distributed under the
344344 pilot program is not an agent of the state or federal government.
345345 (b) Except as provided by this subchapter, the comptroller,
346346 the agency, the State Board of Education, any other state agency, or
347347 any school district may not:
348348 (1) regulate the educational program of an education
349349 service provider or vendor of educational products that receives
350350 funds distributed under the pilot program; or
351351 (2) exercise control or supervision over a pilot
352352 program participant or an education service provider or vendor of
353353 educational products that receives funds distributed under the
354354 pilot program.
355355 (c) The pilot program does not expand the regulatory
356356 authority of the state or any school district to impose any
357357 additional regulation on an education service provider or vendor of
358358 educational products except those reasonably necessary to enforce
359359 the pilot program as provided by this subchapter.
360360 (d) A private school may not be required to modify the
361361 school's creed, practices, admissions policies, curriculum,
362362 performance standards, or assessments to receive funds distributed
363363 under the pilot program.
364364 (e) A private school voluntarily selected by a parent for
365365 the parent's child to attend or a parent who homeschools the
366366 parent's child, with or without governmental assistance, may not be
367367 required to comply with any state law or rule governing the
368368 applicable educational program that was not in effect on January 1,
369369 2021.
370370 (f) In any proceeding challenging a rule adopted by a state
371371 agency or officer under this subchapter, the agency or officer has
372372 the burden of proof to establish that the rule:
373373 (1) is necessary to implement or enforce the pilot
374374 program as provided by this subchapter; and
375375 (2) does not impose an undue burden on a pilot program
376376 participant or an education service provider or vendor of
377377 educational products that receives or seeks to receive funds
378378 distributed under the pilot program.
379379 Sec. 29.366. STUDENT RECORDS. On request by the parent of a
380380 child participating in the pilot program, the school district or
381381 open-enrollment charter school that the child would otherwise
382382 attend shall provide a copy of the child's school records possessed
383383 by the district or school, if any, to the child's parent or, if
384384 applicable, the private school the child attends.
385385 Sec. 29.367. REPORTING NUMBER OF PARTICIPANTS. (a) Not
386386 later than October 1 of each year, the comptroller shall notify the
387387 commissioner and the Legislative Budget Board of the number of
388388 eligible children likely to participate in the pilot program,
389389 disaggregated by the school district or open-enrollment charter
390390 school the eligible children would otherwise attend.
391391 (b) Not later than March 1 of each year, the comptroller
392392 shall provide final information to the commissioner and the
393393 Legislative Budget Board regarding the number of children
394394 participating in the pilot program, disaggregated in the same
395395 manner as the initial information under Subsection (a).
396396 Sec. 29.368. ANNUAL SURVEY. The comptroller may conduct an
397397 annual parental satisfaction survey that asks each parent of a
398398 child participating in the pilot program to express:
399399 (1) the parent's overall level of satisfaction with
400400 the pilot program; and
401401 (2) the parent's opinion on specified topics and
402402 issues relevant to the effectiveness of the pilot program.
403403 Sec. 29.369. GIFTS, GRANTS, AND DONATIONS. The comptroller
404404 may solicit and accept gifts, grants, and donations from any public
405405 or private source for any expenses related to the initial
406406 implementation or administration of the pilot program.
407407 Sec. 29.370. REPORT. Not later than December 1, 2030, the
408408 comptroller shall submit to the legislature a report on the
409409 effectiveness of the pilot program and a recommendation regarding
410410 whether the pilot program should be continued, expanded, or
411411 terminated.
412412 Sec. 29.371. RULES. The comptroller shall adopt rules as
413413 necessary to implement this subchapter, including:
414414 (1) rules regarding expense reporting requirements
415415 for pilot program participants; and
416416 (2) rules for implementing this subchapter in a manner
417417 that ensures compliance with federal law regarding confidentiality
418418 of student educational information, including the Family
419419 Educational Rights and Privacy Act of 1974 (20 U.S.C. Section
420420 1232g).
421421 Sec. 29.372. EXPIRATION. This subchapter expires September
422422 1, 2031.
423423 SECTION 2. Section 48.266, Education Code, is amended by
424424 adding Subsection (b-1) to read as follows:
425425 (b-1) Notwithstanding Subsection (b), the commissioner
426426 shall adjust enrollment estimates and entitlement for each school
427427 district for each school year based on information provided by the
428428 comptroller under Section 29.367. This subsection expires
429429 September 1, 2024.
430430 SECTION 3. Section 58.106, Family Code, is amended by
431431 adding Subsection (a-1) to read as follows:
432432 (a-1) Information contained in the juvenile justice
433433 information system may be disseminated to the comptroller for the
434434 purpose of determining a child's eligibility to participate in the
435435 education microgrant pilot program under Subchapter J, Chapter 29,
436436 Education Code. Information disseminated under this subsection
437437 remains confidential after dissemination and may be disclosed by
438438 the comptroller only as provided by this title. This subsection
439439 expires September 1, 2031.
440440 SECTION 4. Section 58.260, Family Code, is amended by
441441 adding Subsection (a-1) to read as follows:
442442 (a-1) A juvenile court shall allow, by order, the inspection
443443 of records sealed under this subchapter or under Section 58.003, as
444444 that law existed before September 1, 2017, by the comptroller for
445445 the purpose of determining a person's eligibility to participate in
446446 the education microgrant pilot program under Subchapter J, Chapter
447447 29, Education Code.
448448 SECTION 5. Section 65.202, Family Code, is amended to read
449449 as follows:
450450 Sec. 65.202. CONFIDENTIALITY OF RECORDS. (a) Records and
451451 files created under this chapter may be disclosed only to:
452452 (1) the judge of the truancy court, the truant conduct
453453 prosecutor, and the staff of the judge and prosecutor;
454454 (2) the child or an attorney for the child;
455455 (3) a governmental agency if the disclosure is
456456 required or authorized by law;
457457 (4) a person or entity to whom the child is referred
458458 for treatment or services if the agency or institution disclosing
459459 the information has entered into a written confidentiality
460460 agreement with the person or entity regarding the protection of the
461461 disclosed information;
462462 (5) the Texas Department of Criminal Justice and the
463463 Texas Juvenile Justice Department for the purpose of maintaining
464464 statistical records of recidivism and for diagnosis and
465465 classification;
466466 (6) the agency; or
467467 (7) with leave of the truancy court, any other person,
468468 agency, or institution having a legitimate interest in the
469469 proceeding or in the work of the court.
470470 (b) Records and files created under this chapter may also be
471471 disclosed to the comptroller for the purpose of determining a
472472 child's eligibility to participate in the education microgrant
473473 pilot program under Subchapter J, Chapter 29, Education Code. This
474474 subsection expires September 1, 2031.
475475 SECTION 6. Section 411.109, Government Code, is amended by
476476 adding Subsection (c) to read as follows:
477477 (c) The comptroller is entitled to obtain from the
478478 department criminal history record information maintained by the
479479 department that relates to a child for the purpose of determining
480480 the child's eligibility to participate in the education microgrant
481481 pilot program under Subchapter J, Chapter 29, Education Code. This
482482 subsection expires September 1, 2031.
483483 SECTION 7. This Act applies beginning with the 2021-2022
484484 school year.
485485 SECTION 8. Not later than 45 days after the effective date
486486 of this Act, the comptroller of public accounts shall adopt rules
487487 necessary to implement the education microgrant pilot program under
488488 Subchapter J, Chapter 29, Education Code, as added by this Act.
489489 SECTION 9. This Act takes effect immediately if it receives
490490 a vote of two-thirds of all the members elected to each house, as
491491 provided by Section 39, Article III, Texas Constitution. If this
492492 Act does not receive the vote necessary for immediate effect, this
493493 Act takes effect September 1, 2021.