Texas 2021 - 87th Regular

Texas Senate Bill SB1716 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1716
	1	+	By: Taylor, et al. S.B. No. 1716
	2	+	(Bonnen, Dutton)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to a supplemental special education services and
6	8		instructional materials program for certain public school students
7	9		receiving special education services.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Chapter 29, Education Code, is amended by adding
10	12		Subchapter A-1 to read as follows:
11	13		SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM
12	14		Sec. 29.041. DEFINITIONS. In this subchapter:
13	15		(1) "Parent" means a resident of this state who is a
14	16		natural or adoptive parent, managing or possessory conservator,
15	17		legal guardian, custodian, or other person with legal authority to
16	18		act on behalf of a child.
17	19		(2) "Supplemental special education instructional
18	20		materials" includes textbooks, computer hardware or software,
19	21		other technological devices, and other materials suitable for
20	22		addressing an educational need of a student receiving special
21	23		education services under Subchapter A.
22	24		(3) "Supplemental special education services" means
23	25		an additive service that provides an educational benefit to a
24	26		student receiving special education services under Subchapter A,
25	27		including:
26	28		(A) occupational therapy, physical therapy, and
27	29		speech therapy; and
28	30		(B) private tutoring and other supplemental
29	31		private instruction or programs.
30	32		Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
31	33		(a) The agency by rule shall establish and administer a
32	34		supplemental special education services and instructional
33	35		materials program for students who meet the eligibility
34	36		requirements for participation in the program. Subject to
35	37		Subsection (c), the agency shall provide each student approved as
36		-	provided by this subchapter a ~~grant~~ of not more than $1,500 to
	38	+	provided by this subchapter a credit of not more than $1,500 to
37	39		purchase supplemental special education services and supplemental
38	40		special education instructional materials.
39	41		(b) In administering the program, the agency shall maintain
40		-	a system of online accounts to provide access to the ~~grant described~~
41		-	by Subsection (a) to an eligible student's parent.
	42	+	a system of online accounts to provide access to the credit
	43	+	described by Subsection (a) to an eligible student's parent.
42	44		(c) The commissioner shall set aside an amount not to exceed
43	45		$30 million from the total amount of funds appropriated for each
44	46		state fiscal year to fund the program under this section. For each
45		-	state fiscal year, the total amount provided for student ~~grants~~
	47	+	state fiscal year, the total amount provided for student credits
46	48		under Subsection (a) may not exceed the amount set aside by the
47	49		commissioner under this subsection.
48		-	(d) The agency shall designate one or more regional
49		-	education service centers to administer the program.
50		-	Sec. 29.043. APPLICATION FOR GRANT ON BEHALF OF STUDENT.
	50	+	Sec. 29.043. APPLICATION FOR CREDIT ON BEHALF OF STUDENT.
51	51		The agency shall establish an application process for an eligible
52		-	student's parent to apply for a ~~grant~~ held in an online account
	52	+	student's parent to apply for a credit held in an online account
53	53		maintained under Section 29.042(b) and assigned to the student
54	54		under Section 29.045.
55	55		Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
56	56		shall establish eligibility criteria for the approval of an
57	57		application submitted under Section 29.043. The criteria must
58	58		require that the student be enrolled in the current school year at a
59	59		school district or open-enrollment charter school and in a
60	60		district's or school's special education program under Subchapter
61	61		A.
62	62		(b) The eligibility criteria established under this section
63	63		must also prioritize students for whom a school district or
64	64		open-enrollment charter school is eligible for a compensatory
65	65		education allotment under Section 48.104.
66	66		Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
67	67		ACCOUNT. Subject to available funding the agency shall approve
68	68		each student who meets the program eligibility criteria established
69	69		under Section 29.044 and assign to the student an account
70	70		maintained under Section 29.042(b). The account may only be used by
71	71		the student's parent to purchase supplemental special education
72	72		services or supplemental special education instructional materials
73	73		for the student, subject to Sections 29.046 and 29.047.
74	74		Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an
75	75		account assigned to a student under Section 29.045 may be used only
76	76		for supplemental special education services and supplemental
77	77		special education instructional materials.
78	78		(b) Supplemental special education services must be
79	79		provided by an agency-approved provider.
80	80		(c) If the agency has approved vendors for a category of
81	81		instructional material under Section 29.047, instructional
82	82		materials must be purchased from an agency-approved vendor for that
83	83		category of instructional material. If the agency does not
84	84		establish criteria for agency approval for a category of
85	85		instructional materials, money in the student's account may be used
86	86		to purchase the instructional materials from any vendor.
87	87		Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS:
88	88		CRITERIA AND APPLICATION. (a) The agency shall establish criteria
89	89		necessary for agency approval for each category of provider of a
90	90		professional service that is a supplemental special education
91	91		service, as identified by the agency.
92	92		(b) The criteria established under this section must
93	93		require a provider of a category of professional service to be
94	94		appropriately licensed or accredited in this state to provide that
95	95		service, including providers of physical therapy, occupational
96	96		therapy, and speech therapy.
97	97		(c) The agency shall provide a procedure for providers of
98	98		supplemental special education services to apply to the agency to
99	99		become an agency-approved provider.
100	100		(d) The agency may establish criteria for agency approval of
101	101		vendors for each category of supplemental special education
102	102		instructional materials identified by the agency.
103	103		(e) If the agency establishes criteria for agency approval
104	104		for a vendor of a category of supplemental special education
105	105		instructional materials, the agency shall provide a procedure for
106	106		vendors of that category to apply to the agency to become an
107	107		agency-approved vendor.
108		-	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
109		-	DUTIES. (a) A student's admission, review, and dismissal
110		-	committee shall develop a student's individualized education
111		-	program under Section 29.005, in compliance with the Individuals
112		-	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
113		-	without consideration of any supplemental special education
114		-	services that may be provided under the program under this
115		-	subchapter.
116		-	(b) The admission, review, and dismissal committee of a
117		-	student approved for participation in the program shall provide to
118		-	the student's parent at an admission, review, and dismissal
119		-	committee meeting for the student:
120		-	(1) information regarding the types of supplemental
121		-	special education services available under the program and provided
122		-	by agency-approved providers for which an account maintained under
123		-	Section 29.042(b) for the student may be used; and
124		-	(2) instructions regarding accessing an account
125		-	described by Subdivision (1).
126		-	Sec. 29.049. RULES. The commissioner shall adopt rules as
	108	+	Sec. 29.048. RULES. The commissioner shall adopt rules as
127	109		necessary to administer the supplemental special education
128	110		services and instructional materials program under this
129	111		subchapter.
130		-	Sec. 29.050. EXPIRATION. This subchapter expires September
131		-	1, 2024.
132	112		SECTION 2. Not later than December 1, 2021, the
133	113		commissioner of education shall adopt all rules necessary for the
134	114		establishment and administration of the supplemental special
135	115		education services and instructional materials program required
136	116		under Subchapter A-1, Chapter 29, Education Code, as added by this
137	117		Act.
138	118		SECTION 3. The Texas Education Agency is required to
139	119		implement a provision of this Act only if the legislature
140	120		appropriates money specifically for that purpose. If the
141	121		legislature does not appropriate money specifically for that
142	122		purpose, the Texas Education Agency may, but is not required to,
143	123		implement a provision of this Act using other appropriations
144	124		available for that purpose.
145	125		SECTION 4. This Act takes effect immediately if it receives
146	126		a vote of two-thirds of all the members elected to each house, as
147	127		provided by Section 39, Article III, Texas Constitution. If this
148	128		Act does not receive the vote necessary for immediate effect, this
149	129		Act takes effect September 1, 2021.
150		-	______________________________ ______________________________
151		-	President of the Senate Speaker of the House
152		-	I hereby certify that S.B. No. 1716 passed the Senate on
153		-	May 3, 2021, by the following vote: Yeas 21, Nays 9; and that the
154		-	Senate concurred in House amendments on May 29, 2021, by the
155		-	following vote: Yeas 22, Nays 9.
156		-	______________________________
157		-	Secretary of the Senate
158		-	I hereby certify that S.B. No. 1716 passed the House, with
159		-	amendments, on May 26, 2021, by the following vote: Yeas 116,
160		-	Nays 26, two present not voting.
161		-	______________________________
162		-	Chief Clerk of the House
163		-	Approved:
164		-	______________________________
165		-	Date
166		-	______________________________
167		-	Governor
	130	+	COMMITTEE AMENDMENT NO. 1
	131	+	Amend S.B. No. 1716 (senate engrossed version) as follows:
	132	+	(1) On page 4, between lines 24 and 25, insert the
	133	+	following:
	134	+	Sec. 29.048. LIST OF SUPPLEMENTAL SPECIAL EDUCATION
	135	+	SERVICES. The admission, review, and dismissal committee of a
	136	+	student approved for participation in the program shall provide to
	137	+	the student's parent at an admission, review, and dismissal
	138	+	committee meeting for the student a list of supplemental special
	139	+	education services provided by agency-approved providers for which
	140	+	an account maintained under Section 29.042(b) for the student may
	141	+	be used. Supplemental special education services not included on
	142	+	the list may still be eligible under this section if the services
	143	+	otherwise meet the requirements of this subchapter.
	144	+	(2) On page 4, line 25, strike "29.048" and substitute
	145	+	"29.049".
	146	+	(3) On page 5, between lines 1 and 2, insert the following:
	147	+	Sec. 29.050. EXPIRATION. This subchapter expires September
	148	+	1, 2024.
	149	+	VanDeaver
	150	+	COMMITTEE AMENDMENT NO. 2
	151	+	Amend S.B. No. 1716 (senate engrossed version) as follows:
	152	+	(1) On page 2, line 9 by striking "credit" and replace with
	153	+	"grant".
	154	+	(2) On page 2, line 13 by striking "credit" and replace with
	155	+	"grant".
	156	+	(3) On page 2, line 18, by striking "credits" and replace
	157	+	with "grants".
	158	+	(4) On page 2, line 21, by striking "CREDIT" and replace
	159	+	with "GRANT".
	160	+	(5) On page 2, line 23, by striking "credit" and replace
	161	+	with "grant".
	162	+	Bell of Kaufman
	163	+	COMMITTEE AMENDMENT NO. 3
	164	+	Amend SB 1716 as follows: On page 2, between lines 20 and 21,
	165	+	insert the following:
	166	+	"(d) The agency shall designate one or more regional
	167	+	education service centers to administer the program."
	168	+	Buckley