By: Taylor, West S.B. No. 1716
A BILL TO BE ENTITLED
AN ACT
relating to a supplemental special education services and
instructional materials program for certain public school students
receiving special education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter A-1 to read as follows:
SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM
Sec. 29.041. 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) "Supplemental special education instructional
materials" includes textbooks, computer hardware or software,
other technological devices, and other materials suitable for
addressing an educational need of a student receiving special
education services under Subchapter A.
(3) "Supplemental special education services" means
an additive service that provides an educational benefit to a
student receiving special education services under Subchapter A,
including:
(A) occupational therapy, physical therapy, and
speech therapy; and
(B) private tutoring and other supplemental
private instruction or programs.
Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
(a) The agency by rule shall establish and administer a
supplemental special education services and instructional
materials program for students who meet the eligibility
requirements for participation in the program. Subject to
Subsection (c), the agency shall provide each student approved as
provided by this subchapter a credit of not more than $1,500 to
purchase supplemental special education services and supplemental
special education instructional materials.
(b) In administering the program, the agency shall maintain
a system of online accounts to provide access to the credit
described by Subsection (a) to an eligible student's parent.
(c) The commissioner shall set aside an amount not to exceed
$30 million from the total amount of funds appropriated for each
state fiscal year to fund the program under this section. For each
state fiscal year, the total amount provided for student credits
under Subsection (a) may not exceed the amount set aside by the
commissioner under this subsection.
Sec. 29.043. APPLICATION FOR CREDIT ON BEHALF OF STUDENT.
The agency shall establish an application process for an eligible
student's parent to apply for a credit held in an online account
maintained under Section 29.042(b) and assigned to the student
under Section 29.045.
Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
shall establish eligibility criteria for the approval of an
application submitted under Section 29.043. The criteria must
require that the student be enrolled in the current school year at a
school district or open-enrollment charter school and in a
district's or school's special education program under Subchapter
A.
(b) The eligibility criteria established under this section
must also prioritize students for whom a school district or
open-enrollment charter school is eligible for a compensatory
education allotment under Section 48.104.
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. Subject to available funding the agency shall approve
each student who meets the program eligibility criteria established
under Section 29.044 and assign to the student an account
maintained under Section 29.042(b). The account may only be used by
the student's parent to purchase supplemental special education
services or supplemental special education instructional materials
for the student, subject to Sections 29.046 and 29.047.
Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an
account assigned to a student under Section 29.045 may be used only
for supplemental special education services and supplemental
special education instructional materials.
(b) Supplemental special education services must be
provided by an agency-approved provider.
(c) If the agency has approved vendors for a category of
instructional material under Section 29.047, instructional
materials must be purchased from an agency-approved vendor for that
category of instructional material. If the agency does not
establish criteria for agency approval for a category of
instructional materials, money in the student's account may be used
to purchase the instructional materials from any vendor.
Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS:
CRITERIA AND APPLICATION. (a) The agency shall establish criteria
necessary for agency approval for each category of provider of a
professional service that is a supplemental special education
service, as identified by the agency.
(b) The criteria established under this section must
require a provider of a category of professional service to be
appropriately licensed or accredited in this state to provide that
service, including providers of physical therapy, occupational
therapy, and speech therapy.
(c) The agency shall provide a procedure for providers of
supplemental special education services to apply to the agency to
become an agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental special education
instructional materials identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental special education
instructional materials, the agency shall provide a procedure for
vendors of that category to apply to the agency to become an
agency-approved vendor.
Sec. 29.048. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental special education
services and instructional materials program under this
subchapter.
SECTION 2. Not later than December 1, 2021, the
commissioner of education shall adopt all rules necessary for the
establishment and administration of the supplemental special
education services and instructional materials program required
under Subchapter A-1, Chapter 29, Education Code, as added by this
Act.
SECTION 3. The Texas Education Agency is required to
implement a provision of this Act only if the legislature
appropriates money specifically for that purpose. If the
legislature does not appropriate money specifically for that
purpose, the Texas Education Agency may, but is not required to,
implement a provision of this Act using other appropriations
available for that purpose.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.