Texas 2023 - 88th Regular

Texas House Bill HB100 Compare Versions

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1	1	By: King of Hemphill, et al. H.B. No. 100
2	2	(Senate Sponsor - Creighton)
3	3	(In the Senate - Received from the House May 1, 2023;
4	4	May 2, 2023, read first time and referred to Committee on
5	5	Education; May 22, 2023, reported adversely, with favorable
6	6	Committee Substitute by the following vote: Yeas 9, Nays 3;
7	7	May 22, 2023, sent to printer.)
8	8	Click here to see the committee vote
9	9	COMMITTEE SUBSTITUTE FOR H.B. No. 100 By: King
10	10
11	11
12	12	A BILL TO BE ENTITLED
13	13	AN ACT
14	14	relating to public education and public school finance, including
15	15	the rights, certification, and compensation of public school
16	16	educators, contributions by a public school to the Teacher
17	17	Retirement System of Texas, and an education savings account
18	18	program for certain children.
19	19	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
20	20	ARTICLE 1. CHANGES GENERALLY APPLICABLE TO PUBLIC SCHOOLS EFFECTIVE
21	21	FOR 2023-2024 SCHOOL YEAR
22	22	SECTION 1.01. Section 12.104(b), Education Code, as amended
23	23	by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974
24	24	(S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature,
25	25	Regular Session, 2021, is reenacted and amended to read as follows:
26	26	(b) An open-enrollment charter school is subject to:
27	27	(1) a provision of this title establishing a criminal
28	28	offense;
29	29	(2) the provisions in Chapter 554, Government Code;
30	30	and
31	31	(3) a prohibition, restriction, or requirement, as
32	32	applicable, imposed by this title or a rule adopted under this
33	33	title, relating to:
34	34	(A) the Public Education Information Management
35	35	System (PEIMS) to the extent necessary to monitor compliance with
36	36	this subchapter as determined by the commissioner;
37	37	(B) criminal history records under Subchapter C,
38	38	Chapter 22;
39	39	(C) reading instruments and accelerated reading
40	40	instruction programs under Section 28.006;
41	41	(D) accelerated instruction under Section
42	42	28.0211;
43	43	(E) high school graduation requirements under
44	44	Section 28.025;
45	45	(F) special education programs under Subchapter
46	46	A, Chapter 29;
47	47	(G) bilingual education under Subchapter B,
48	48	Chapter 29;
49	49	(H) prekindergarten programs under Subchapter E
50	50	or E-1, Chapter 29, except class size limits for prekindergarten
51	51	classes imposed under Section 25.112, which do not apply;
52	52	(I) extracurricular activities under Section
53	53	33.081;
54	54	(J) discipline management practices or behavior
55	55	management techniques under Section 37.0021;
56	56	(K) health and safety under Chapter 38;
57	57	(L) the provisions of Subchapter A, Chapter 39;
58	58	(M) public school accountability and special
59	59	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
60	60	39, and Chapter 39A;
61	61	(N) the requirement under Section 21.006 to
62	62	report an educator's misconduct;
63	63	(O) intensive programs of instruction under
64	64	Section 28.0213;
65	65	(P) the right of a school employee to report a
66	66	crime, as provided by Section 37.148;
67	67	(Q) bullying prevention policies and procedures
68	68	under Section 37.0832;
69	69	(R) the right of a school under Section 37.0052
70	70	to place a student who has engaged in certain bullying behavior in a
71	71	disciplinary alternative education program or to expel the student;
72	72	(S) the right under Section 37.0151 to report to
73	73	local law enforcement certain conduct constituting assault or
74	74	harassment;
75	75	(T) a parent's right to information regarding the
76	76	provision of assistance for learning difficulties to the parent's
77	77	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
78	78	(U) establishment of residency under Section
79	79	25.001;
80	80	(V) school safety requirements under Sections
81	81	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
82	82	37.207, and 37.2071;
83	83	(W) the early childhood literacy and mathematics
84	84	proficiency plans under Section 11.185;
85	85	(X) the college, career, and military readiness
86	86	plans under Section 11.186; [and]
87	87	(Y) [(X)] parental options to retain a student
88	88	under Section 28.02124; and
89	89	(Z) establishing a local school health advisory
90	90	council in which members are appointed by the governing body of the
91	91	school and health education instruction complies with Section
92	92	28.004.
93	93	SECTION 1.02. Sections 12.106(a-2) and (d), Education Code,
94	94	are amended to read as follows:
95	95	(a-2) In addition to the funding provided by Subsection (a),
96	96	a charter holder is entitled to receive for the open-enrollment
97	97	charter school an allotment per student in average daily attendance
98	98	in an amount equal to the difference between:
99	99	(1) the product of:
100	100	(A) the quotient of:
101	101	(i) the total amount of funding provided to
102	102	eligible school districts under Section 48.101(b) or (c); and
103	103	(ii) the total number of students in
104	104	average daily attendance in school districts that receive an
105	105	allotment under Section 48.101(b) or (c); and
106	106	(B) the sum of one and the quotient of:
107	107	(i) the total number of students in average
108	108	daily attendance in school districts that receive an allotment
109	109	under Section 48.101(b) or (c); and
110	110	(ii) the total number of students in
111	111	average daily attendance in school districts statewide; and
112	112	(2) $460 [$125].
113	113	(d) Subject to Subsection (e), in addition to other amounts
114	114	provided by this section, a charter holder is entitled to receive,
115	115	for the open-enrollment charter school, an annual allotment
116	116	[funding] per student in average daily attendance [in an amount]
117	117	equal to the basic allotment under Section 48.051 [guaranteed level
118	118	of state and local funds per student per cent of tax effort under
119	119	Section 46.032(a)] multiplied by 0.04 [the lesser of:
120	120	[(1) the state average interest and sinking fund tax
121	121	rate imposed by school districts for the current year; or
122	122	[(2) a rate that would result in a total amount to
123	123	which charter schools are entitled under this subsection for the
124	124	current year equal to $60 million].
125	125	SECTION 1.03. Section 13.054, Education Code, is amended by
126	126	amending Subsection (f) and adding Subsections (i-1), (i-2), (i-3),
127	127	(i-4), and (i-5) to read as follows:
128	128	(f) For five years beginning with the school year in which
129	129	the annexation occurs, a school district shall receive additional
130	130	funding under this subsection or Subsection (h). The amount of
131	131	funding shall be determined by multiplying the lesser of the
132	132	enlarged district's local fund assignment computed under Section
133	133	48.256 or the enlarged district's total cost of tier one by a
134	134	fraction, the numerator of which is the number of students residing
135	135	in the territory annexed to the receiving district preceding the
136	136	date of the annexation and the denominator of which is the number of
137	137	students residing in the district as enlarged on the date of the
138	138	annexation, and multiplying the resulting product by the quotient
139	139	of the enlarged district's maximum compressed tax rate, as
140	140	determined under Section 48.2551, for the current school year
141	141	divided by the receiving district's maximum compressed tax rate, as
142	142	determined under Section 48.2551, for the year in which the
143	143	annexation occurred. The commissioner shall provide the funding
144	144	under this subsection from funds appropriated for purposes of the
145	145	Foundation School Program. A determination by the commissioner
146	146	under this subsection is final and may not be appealed.
147	147	(i-1) Notwithstanding any other law, a school district is
148	148	entitled to funding under Subsection (f) for an annexation that
149	149	occurs on or after June 1, 2013.
150	150	(i-2) For each school district entitled to funding under
151	151	Subsection (f) as provided by Subsection (i-1) that, as of
152	152	September 1, 2023, has not received the full amount of funding to
153	153	which the district would have been entitled under Subsection (f) if
154	154	Subsection (i-1) had been in effect since June 1, 2013, the
155	155	commissioner shall:
156	156	(1) determine the difference between:
157	157	(A) the amount of funding to which the district
158	158	would have been entitled under Subsection (f) if Subsection (i-1)
159	159	had been in effect since June 1, 2013; and
160	160	(B) the amount of funding the district has
161	161	received under Subsection (f); and
162	162	(2) provide the amount determined under Subdivision
163	163	(1) to the district in the form of:
164	164	(A) a lump sum; or
165	165	(B) equal annual installments over a period not
166	166	to exceed three years.
167	167	(i-3) In addition to the funding provided to a school
168	168	district under Subsection (i-2), the commissioner may allocate
169	169	money to the district from funds appropriated for purposes of the
170	170	Foundation School Program to pay for facilities improvements the
171	171	commissioner determines necessary as a result of the annexation.
172	172	(i-4) Each school district that receives funding under
173	173	Subsection (f) as provided by Subsection (i-2) or under Subsection
174	174	(i-3) for any year shall submit to the commissioner in the form and
175	175	manner provided by commissioner rule a report on the district's use
176	176	of the funding for that year.
177	177	(i-5) This subsection and Subsections (i-2), (i-3), and
178	178	(i-4) expire September 1, 2027.
179	179	SECTION 1.04. Section 19.009(d-2), Education Code, is
180	180	amended to read as follows:
181	181	(d-2) Beginning with the 2009-2010 school year, the
182	182	district shall increase the [monthly] salary of each classroom
183	183	teacher, full-time speech pathologist, full-time librarian,
184	184	full-time school counselor certified under Subchapter B, Chapter
185	185	21, and full-time school nurse employed by the district by the
186	186	greater of:
187	187	(1) $80 per month; or
188	188	(2) the maximum uniform amount per month that, when
189	189	combined with any resulting increases in the amount of
190	190	contributions made by the district for social security coverage for
191	191	the specified employees or by the district on behalf of the
192	192	specified employees under Section 825.405, Government Code, may be
193	193	provided using an amount equal to the product of $60 multiplied by
194	194	the number of students in weighted average daily attendance in the
195	195	district during the 2009-2010 school year.
196	196	SECTION 1.05. Subchapter A, Chapter 21, Education Code, is
197	197	amended by adding Section 21.010 to read as follows:
198	198	Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
199	199	shall collect data from school districts and open-enrollment
200	200	charter schools for the recruitment and retention of classroom
201	201	teachers, including the classification, grade level, subject area,
202	202	duration, and other relevant information regarding vacant teaching
203	203	positions in a district or school. The data may be collected using
204	204	the Public Education Information Management System (PEIMS) or
205	205	another reporting mechanism specified by the agency.
206	206	SECTION 1.06. Subchapter B, Chapter 21, Education Code, is
207	207	amended by adding Section 21.0411 to read as follows:
208	208	Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
209	209	CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
210	210	Section 21.041(c), the board shall, for a person applying for a
211	211	certification in special education, bilingual education, or
212	212	another area specified by the General Appropriations Act, waive:
213	213	(1) a certification examination fee imposed by the
214	214	board for the first administration of the examination to the
215	215	person; and
216	216	(2) a fee associated with the application for
217	217	certification by the person.
218	218	(b) The board shall pay to a vendor that administers a
219	219	certification examination described by Subsection (a) a fee
220	220	assessed by that vendor for the examination of a person applying for
221	221	a certification described by Subsection (a) for the first
222	222	administration of the examination to the person.
223	223	SECTION 1.07. Section 21.054, Education Code, is amended by
224	224	amending Subsections (a) and (i) and adding Subsection (i-1) to
225	225	read as follows:
226	226	(a) The board shall propose rules establishing a process for
227	227	identifying continuing education courses and programs that fulfill
228	228	educators' continuing education requirements, including
229	229	opportunities for educators to receive micro-credentials, as
230	230	provided by Subsection (i), in:
231	231	(1) fields of study related to the educator's
232	232	certification class; or
233	233	(2) digital teaching [as provided by Subsection (i)].
234	234	(i) The board shall propose rules establishing a program to
235	235	issue micro-credentials in fields of study related to an educator's
236	236	certification class or in digital teaching. The agency shall
237	237	approve continuing education providers to offer micro-credential
238	238	courses. A micro-credential received by an educator shall be
239	239	recorded on the agency's Educator Certification Online System
240	240	(ECOS) and included as part of the educator's public certification
241	241	records.
242	242	(i-1) In proposing rules under Subsection (i) for
243	243	micro-credentials related to digital teaching, the board shall
244	244	engage relevant stakeholders.
245	245	SECTION 1.08. Section 21.105, Education Code, is amended by
246	246	amending Subsection (c) and adding Subsection (g) to read as
247	247	follows:
248	248	(c) Subject to Subsections (e), [and] (f), and (g), on
249	249	written complaint by the employing district, the State Board for
250	250	Educator Certification may impose sanctions against a teacher
251	251	employed under a probationary contract who:
252	252	(1) resigns;
253	253	(2) fails without good cause to comply with Subsection
254	254	(a) or (b); and
255	255	(3) fails to perform the contract.
256	256	(g) The State Board for Educator Certification may not
257	257	impose a sanction under Subsection (c) against a teacher who
258	258	relinquishes a position under a probationary contract and leaves
259	259	the employment of the district after the 45th day before the first
260	260	day of instruction for the upcoming school year in violation of
261	261	Subsection (a) and without the consent of the board of trustees
262	262	under Subsection (b) if the teacher's failure to comply with
263	263	Subsection (a) was due to:
264	264	(1) a serious illness or health condition of the
265	265	teacher or a close family member of the teacher;
266	266	(2) the teacher's relocation because the teacher's
267	267	spouse or a partner who resides with the teacher changes employers;
268	268	(3) a significant change in the needs of the teacher's
269	269	family in a manner that requires the teacher to:
270	270	(A) relocate; or
271	271	(B) forgo employment during a period of required
272	272	employment under the teacher's contract; or
273	273	(4) the teacher's reasonable belief that the teacher
274	274	had written permission from the school district's administration to
275	275	resign.
276	276	SECTION 1.09. Section 21.160, Education Code, is amended by
277	277	amending Subsection (c) and adding Subsection (g) to read as
278	278	follows:
279	279	(c) Subject to Subsections (e), [and] (f), and (g), on
280	280	written complaint by the employing district, the State Board for
281	281	Educator Certification may impose sanctions against a teacher who
282	282	is employed under a continuing contract that obligates the district
283	283	to employ the person for the following school year and who:
284	284	(1) resigns;
285	285	(2) fails without good cause to comply with Subsection
286	286	(a) or (b); and
287	287	(3) fails to perform the contract.
288	288	(g) The State Board for Educator Certification may not
289	289	impose a sanction under Subsection (c) against a teacher who
290	290	relinquishes a position under a continuing contract and leaves the
291	291	employment of the district after the 45th day before the first day
292	292	of instruction of the upcoming school year in violation of
293	293	Subsection (a) and without the consent of the board of trustees
294	294	under Subsection (b) if the teacher's failure to comply with
295	295	Subsection (a) was due to:
296	296	(1) a serious illness or health condition of the
297	297	teacher or a close family member of the teacher;
298	298	(2) the teacher's relocation because the teacher's
299	299	spouse or a partner who resides with the teacher changes employers;
300	300	(3) a significant change in the needs of the teacher's
301	301	family in a manner that requires the teacher to:
302	302	(A) relocate; or
303	303	(B) forgo employment during a period of required
304	304	employment under the teacher's contract; or
305	305	(4) the teacher's reasonable belief that the teacher
306	306	had written permission from the school district's administration to
307	307	resign.
308	308	SECTION 1.10. Section 21.210, Education Code, is amended by
309	309	amending Subsection (c) and adding Subsection (g) to read as
310	310	follows:
311	311	(c) Subject to Subsections (e), [and] (f), and (g), on
312	312	written complaint by the employing district, the State Board for
313	313	Educator Certification may impose sanctions against a teacher who
314	314	is employed under a term contract that obligates the district to
315	315	employ the person for the following school year and who:
316	316	(1) resigns;
317	317	(2) fails without good cause to comply with Subsection
318	318	(a) or (b); and
319	319	(3) fails to perform the contract.
320	320	(g) The State Board for Educator Certification may not
321	321	impose a sanction under Subsection (c) against a teacher who
322	322	relinquishes a position under a term contract and leaves the
323	323	employment of the district after the 45th day before the first day
324	324	of instruction of the upcoming school year in violation of
325	325	Subsection (a) and without the consent of the board of trustees
326	326	under Subsection (b) if the teacher's failure to comply with
327	327	Subsection (a) was due to:
328	328	(1) a serious illness or health condition of the
329	329	teacher or a close family member of the teacher;
330	330	(2) the teacher's relocation because the teacher's
331	331	spouse or a partner who resides with the teacher changes employers;
332	332	(3) a significant change in the needs of the teacher's
333	333	family in a manner that requires the teacher to:
334	334	(A) relocate; or
335	335	(B) forgo employment during a period of required
336	336	employment under the teacher's contract; or
337	337	(4) the teacher's reasonable belief that the teacher
338	338	had written permission from the school district's administration to
339	339	resign.
340	340	SECTION 1.11. Section 21.257, Education Code, is amended by
341	341	amending Subsection (a) and adding Subsection (f) to read as
342	342	follows:
343	343	(a) Except as provided by Subsection (f), not [Not] later
344	344	than the 60th day after the date on which the commissioner receives
345	345	a teacher's written request for a hearing, the hearing examiner
346	346	shall complete the hearing and make a written recommendation that:
347	347	(1) includes proposed findings of fact and conclusions
348	348	of law; and
349	349	(2) may include a proposal for granting relief.
350	350	(f) The hearing examiner may dismiss a hearing before
351	351	completing the hearing or making a written recommendation if:
352	352	(1) the teacher requests the dismissal;
353	353	(2) the school district withdraws the proposed
354	354	decision that is the basis of the hearing; or
355	355	(3) the teacher and school district request the
356	356	dismissal after reaching a settlement regarding the proposed
357	357	decision that is the basis of the hearing.
358	358	SECTION 1.12. Sections 21.3521(a), (c), and (e), Education
359	359	Code, are amended to read as follows:
360	360	(a) Subject to Subsection (b), a school district or
361	361	open-enrollment charter school may designate a classroom teacher as
362	362	a master, exemplary, [or] recognized, or acknowledged teacher for a
363	363	five-year period based on the results from single year or multiyear
364	364	appraisals that comply with Section 21.351 or 21.352.
365	365	(c) Notwithstanding performance standards established
366	366	under Subsection (b), a classroom teacher that holds a National
367	367	Board Certification issued by the National Board for Professional
368	368	Teaching Standards may be designated as nationally board certified
369	369	[recognized].
370	370	(e) The agency shall develop and provide technical
371	371	assistance for school districts and open-enrollment charter
372	372	schools that request assistance in implementing a local optional
373	373	teacher designation system, including:
374	374	(1) providing assistance in prioritizing high needs
375	375	campuses;
376	376	(2) providing examples or models of local optional
377	377	teacher designation systems to reduce the time required for a
378	378	district or school to implement a teacher designation system;
379	379	(3) establishing partnerships between districts and
380	380	schools that request assistance and districts and schools that have
381	381	implemented a teacher designation system;
382	382	(4) applying the performance and validity standards
383	383	established by the commissioner under Subsection (b);
384	384	(5) providing centralized support for the analysis of
385	385	the results of assessment instruments administered to district
386	386	students; and
387	387	(6) facilitating effective communication on and
388	388	promotion of local optional teacher designation systems.
389	389	SECTION 1.13. Subchapter H, Chapter 21, Education Code, is
390	390	amended by adding Section 21.3522 to read as follows:
391	391	Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
392	392	GRANT PROGRAM. (a) From funds appropriated or otherwise
393	393	available for the purpose, the agency shall establish and
394	394	administer a grant program to provide money and technical
395	395	assistance to:
396	396	(1) expand implementation of local optional teacher
397	397	designation systems under Section 21.3521; and
398	398	(2) increase the number of classroom teachers eligible
399	399	for a designation under that section.
400	400	(b) A grant awarded under this section must:
401	401	(1) meet the needs of individual school districts; and
402	402	(2) enable regional leadership capacity.
403	403	(c) The commissioner may adopt rules to establish and
404	404	administer the grant program under this section.
405	405	SECTION 1.14. Section 21.402, Education Code, is amended by
406	406	amending Subsections (a) and (g) and adding Subsections (a-1),
407	407	(c-2), (i), (j), and (k) to read as follows:
408	408	(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a
409	409	school district must pay each employee who is employed as a
410	410	classroom teacher, full-time librarian, full-time school counselor
411	411	certified under Subchapter B, or full-time school nurse not less
412	412	than the highest annual minimum [minimum monthly] salary described
413	413	by the following schedule applicable to [, based on] the employee's
414	414	certification, if any, and years [level] of experience:
415	415	(1) for an employee with less than five years of
416	416	experience who:
417	417	(A) holds no certification $35,000;
418	418	(B) holds a teacher intern, teacher trainee, or
419	419	probationary certificate issued under Subchapter B $37,000;
420	420	(C) holds the base certificate required under
421	421	Section 21.003(a) for employment in the employee's position other
422	422	than a certificate described by Paragraph (B) $40,000;
423	423	(D) holds a designation under Section 21.3521
424	424	$43,000; or
425	425	(E) holds a residency educator certificate or has
426	426	successfully completed a residency partnership program under
427	427	Subchapter R $43,000;
428	428	(2) for an employee with at least five years of
429	429	experience who holds:
430	430	(A) no certification $45,000;
431	431	(B) a teacher intern, teacher trainee, or
432	432	probationary certificate issued under Subchapter B $47,000;
433	433	(C) the base certificate required under Section
434	434	21.003(a) for employment in the employee's position other than a
435	435	certificate described by Paragraph (B) $50,000; or
436	436	(D) a designation under Section 21.3521
437	437	$53,000; or
438	438	(3) for an employee with at least 10 years of
439	439	experience who holds:
440	440	(A) no certification $55,000;
441	441	(B) a teacher intern, teacher trainee, or
442	442	probationary certificate issued under Subchapter B $57,000;
443	443	(C) the base certificate required under Section
444	444	21.003(a) for employment in the employee's
445	445	position . . .. $60,000; or
446	446	(D) a designation under Section 21.3521
447	447	$63,000 [in addition to other factors, as determined by
448	448	commissioner rule, determined by the following formula:
449	449	[MS = SF x FS
450	450	[where:
451	451	["MS" is the minimum monthly salary;
452	452	["SF" is the applicable salary factor specified by Subsection
453	453	(c); and
454	454	["FS" is the amount, as determined by the commissioner under
455	455	Subsection (b), of the basic allotment as provided by Section
456	456	48.051(a) or (b) for a school district with a maintenance and
457	457	operations tax rate at least equal to the state maximum compressed
458	458	tax rate, as defined by Section 48.051(a)].
459	459	(a-1) For purposes of Subsection (a), a full-time school
460	460	nurse is considered to hold the base certificate required under
461	461	Section 21.003(a) for employment as a school nurse, regardless of
462	462	the other certifications held by the nurse.
463	463	(c-2) A school district is not required to pay an employee
464	464	who is employed as a classroom teacher, full-time librarian,
465	465	full-time school counselor certified under Subchapter B, or
466	466	full-time school nurse the minimum salary required under Subsection
467	467	(a) for the school year following a school year during which the
468	468	district reviews the employee's performance and finds the
469	469	employee's performance unsatisfactory.
470	470	(g) The commissioner may adopt rules to govern the
471	471	application of this section, including rules that:
472	472	(1) require the payment of a minimum salary under this
473	473	section to a person employed in more than one capacity for which a
474	474	minimum salary is provided and whose combined employment in those
475	475	capacities constitutes full-time employment; and
476	476	(2) specify the credentials a person must hold to be
477	477	considered a [speech pathologist or] school nurse under this
478	478	section.
479	479	(i) A school district that increases employee compensation
480	480	in the 2023-2024 school year to comply with Subsection (a), as
481	481	amended by H.B. 100, Acts of the 88th Legislature, Regular Session,
482	482	2023, is providing compensation for services rendered
483	483	independently of an existing employment contract applicable to that
484	484	year and is not in violation of Section 53, Article III, Texas
485	485	Constitution. A school district that does not meet the
486	486	requirements of Subsection (a) in the 2023-2024 school year may
487	487	satisfy the requirements of this section by providing an employee a
488	488	one-time bonus payment during the 2024-2025 school year in an
489	489	amount equal to the difference between the compensation earned by
490	490	the employee during the 2023-2024 school year and the compensation
491	491	the employee should have received during that school year if the
492	492	district had complied with Subsection (a).
493	493	(j) Notwithstanding the minimum salary schedule under
494	494	Subsection (a), a school district that increases the amount a
495	495	classroom teacher, full-time librarian, full-time school counselor
496	496	certified under Subchapter B, or full-time school nurse is
497	497	compensated during the 2023-2024 school year by at least $8,000
498	498	more than the amount the employee was compensated during the
499	499	2022-2023 school year complies with the requirements of this
500	500	section for the 2023-2024 school year.
501	501	(k) Subsections (i) and (j) and this subsection expire
502	502	September 1, 2025.
503	503	SECTION 1.15. The heading to Section 21.403, Education
504	504	Code, is amended to read as follows:
505	505	Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE
506	506	[PLACEMENT ON MINIMUM SALARY SCHEDULE].
507	507	SECTION 1.16. Sections 21.403(b) and (c), Education Code,
508	508	are amended to read as follows:
509	509	(b) For each year of work experience required for
510	510	certification in a career or technological field, up to a maximum of
511	511	two years, a certified career or technology education teacher is
512	512	entitled to [salary step] credit as if the work experience were
513	513	teaching experience.
514	514	(c) The commissioner shall adopt rules for determining the
515	515	experience for which a teacher, librarian, school counselor, or
516	516	nurse is to be given credit for purposes of the minimum salary
517	517	schedule under Section 21.402(a) [in placing the teacher,
518	518	librarian, school counselor, or nurse on the minimum salary
519	519	schedule]. A district shall credit the teacher, librarian, school
520	520	counselor, or nurse for each year of experience without regard to
521	521	whether the years are consecutive.
522	522	SECTION 1.17. Subchapter I, Chapter 21, Education Code, is
523	523	amended by adding Sections 21.416 and 21.417 to read as follows:
524	524	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
525	525	PROGRAM. (a) From funds appropriated or otherwise available, the
526	526	commissioner shall establish and administer a grant program to
527	527	award funds to reimburse a school district, an open-enrollment
528	528	charter school, the Windham School District, the Texas School for
529	529	the Deaf, or the Texas School for the Blind and Visually Impaired
530	530	that hires a teacher, including an educator who provides services
531	531	related to special education, who retired before September 1, 2022,
532	532	for the increased contributions to the Teacher Retirement System of
533	533	Texas associated with hiring the retired teacher.
534	534	(b) In appropriating money for grants awarded under this
535	535	section, the legislature may provide for, modify, or limit amounts
536	536	appropriated for that purpose in the General Appropriations Act,
537	537	including by:
538	538	(1) providing, notwithstanding Subsection (a), a date
539	539	or date range other than September 1, 2022, before which a teacher
540	540	must have retired for a school district, an open-enrollment charter
541	541	school, the Windham School District, the Texas School for the Deaf,
542	542	or the Texas School for the Blind and Visually Impaired that hires
543	543	the teacher to be eligible; or
544	544	(2) limiting eligibility to a school district or
545	545	open-enrollment charter school that hires a retired teacher:
546	546	(A) who holds a certain certification;
547	547	(B) to teach a certain subject or grade;
548	548	(C) in a certain geographical area; or
549	549	(D) to provide instruction to certain students,
550	550	including to students with disabilities.
551	551	(c) The commissioner shall proportionally reduce the amount
552	552	of funds awarded to school districts, open-enrollment charter
553	553	schools, the Windham School District, the Texas School for the
554	554	Deaf, and the Texas School for the Blind and Visually Impaired under
555	555	this section if the number of grant applications by eligible
556	556	districts or schools exceeds the number of grants the commissioner
557	557	could award with the money appropriated or otherwise available for
558	558	the purpose.
559	559	(d) A school district, an open-enrollment charter school,
560	560	the Windham School District, the Texas School for the Deaf, or the
561	561	Texas School for the Blind and Visually Impaired may use funds
562	562	received under this section to make required payments under Section
563	563	825.4092, Government Code.
564	564	Sec. 21.417. RESOURCES, INCLUDING LIABILITY INSURANCE, FOR
565	565	CLASSROOM TEACHERS. (a) From funds appropriated or otherwise
566	566	available for the purpose, the agency shall contract with a third
567	567	party to provide the following services for a classroom teacher
568	568	employed under a probationary, continuing, or term contract:
569	569	(1) assistance in understanding the teacher's rights,
570	570	duties, and benefits; and
571	571	(2) liability insurance to protect a teacher against
572	572	liability to a third party based on conduct that the teacher
573	573	allegedly engaged in during the course of the teacher's duties.
574	574	(b) A school district may not interfere with a classroom
575	575	teacher's access to services provided under this section.
576	576	(c) A contract entered into by the agency to provide
577	577	services under Subsection (a) must prohibit the entity with which
578	578	the agency contracts from using funds received under the contract
579	579	to engage in:
580	580	(1) conduct that a state agency using appropriated
581	581	money is prohibited from engaging in under Chapter 556, Government
582	582	Code; and
583	583	(2) political activities or advocate for issues
584	584	regarding public schools, including for boards of trustees of
585	585	school districts or school districts.
586	586	(d) This section may not be interpreted to interfere with a
587	587	classroom teacher's or other school district employee's exercise of
588	588	a right protected by the First Amendment to the United States
589	589	Constitution.
590	590	SECTION 1.18. Section 21.4552(d), Education Code, is
591	591	amended to read as follows:
592	592	(d) From funds appropriated for that purpose, a teacher who
593	593	attends a literacy achievement academy is entitled to receive a
594	594	stipend in the amount determined by the commissioner. A stipend
595	595	received under this subsection is not considered in determining
596	596	whether a school district is paying the teacher the minimum
597	597	[monthly] salary under Section 21.402.
598	598	SECTION 1.19. Section 21.4553(d), Education Code, is
599	599	amended to read as follows:
600	600	(d) From funds appropriated for that purpose, a teacher who
601	601	attends a mathematics achievement academy is entitled to receive a
602	602	stipend in the amount determined by the commissioner. A stipend
603	603	received under this subsection is not considered in determining
604	604	whether a district is paying the teacher the minimum [monthly]
605	605	salary under Section 21.402.
606	606	SECTION 1.20. Section 21.4555(f), Education Code, is
607	607	amended to read as follows:
608	608	(f) From funds available for that purpose, a teacher who
609	609	attends a civics training program may receive a stipend in an amount
610	610	determined by the commissioner. A stipend received under this
611	611	section is not included in determining whether a district is paying
612	612	the teacher the minimum [monthly] salary under Section 21.402.
613	613	SECTION 1.21. Subchapter J, Chapter 21, Education Code, is
614	614	amended by adding Sections 21.466 and 21.467 to read as follows:
615	615	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
616	616	appropriated or otherwise available for the purpose, the agency
617	617	shall develop training for and provide technical assistance to
618	618	school districts and open-enrollment charter schools regarding:
619	619	(1) strategic compensation, staffing, and scheduling
620	620	efforts that improve professional growth, teacher leadership
621	621	opportunities, and staff retention;
622	622	(2) programs that encourage high school students or
623	623	other members of the community in the area served by the district to
624	624	become teachers, including available teacher apprenticeship
625	625	programs; and
626	626	(3) programs or strategies that school leaders may use
627	627	to establish clear and attainable behavior expectations while
628	628	proactively supporting students.
629	629	(b) From funds appropriated or otherwise available, the
630	630	agency shall provide grants to school districts and open-enrollment
631	631	charter schools to implement initiatives developed under this
632	632	section.
633	633	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
634	634	appropriated or otherwise available for the purpose, the agency
635	635	shall develop and maintain a technical assistance program to
636	636	support school districts and open-enrollment charter schools in:
637	637	(1) studying how the district's or school's staff and
638	638	student schedules, required noninstructional duties for classroom
639	639	teachers, and professional development requirements for educators
640	640	are affecting the amount of time classroom teachers work each week;
641	641	and
642	642	(2) refining the schedules for students or staff as
643	643	necessary to ensure teachers have sufficient time during normal
644	644	work hours to fulfill all job duties, including addressing the
645	645	needs of students.
646	646	(b) The agency shall periodically make findings and
647	647	recommendations for best practices publicly available using
648	648	information from participating school districts and
649	649	open-enrollment charter schools.
650	650	SECTION 1.22. Chapter 21, Education Code, is amended by
651	651	adding Subchapter R to read as follows:
652	652	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
653	653	Sec. 21.901. DEFINITIONS. In this subchapter:
654	654	(1) "Board" means the State Board for Educator
655	655	Certification.
656	656	(2) "Cooperating teacher" means a classroom teacher
657	657	who:
658	658	(A) has at least three full school years of
659	659	teaching experience with a superior record of assisting students in
660	660	achieving improvement in student performance;
661	661	(B) is employed by a school district or
662	662	open-enrollment charter school participating in a partnership
663	663	program under this subchapter and paired with a partnership
664	664	resident at the district or school; and
665	665	(C) provides coaching to a partnership resident
666	666	in the teacher's classroom.
667	667	(3) "Partnership program" means a Texas Teacher
668	668	Residency Partnership Program established at a school district or
669	669	open-enrollment charter school in accordance with this subchapter.
670	670	(4) "Partnership resident" means a person enrolled in
671	671	a qualified educator preparation program participating in a
672	672	partnership program as a candidate for educator certification.
673	673	(5) "Qualified educator preparation program" means an
674	674	educator preparation program approved in accordance with rules
675	675	proposed under Section 21.903.
676	676	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
677	677	The commissioner shall establish the Texas Teacher Residency
678	678	Partnership Program to enable qualified educator preparation
679	679	programs to form partnerships with school districts or
680	680	open-enrollment charter schools to provide residency positions to
681	681	partnership residents at the district or school.
682	682	(b) The partnership program must be designed to:
683	683	(1) allow partnership residents to receive
684	684	field-based experience working with cooperating teachers in
685	685	prekindergarten through grade 12 classrooms; and
686	686	(2) gradually increase the amount of time a
687	687	partnership resident spends engaging in instructional
688	688	responsibilities, including observation, co-teaching, and
689	689	lead-teaching responsibilities.
690	690	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
691	691	board shall propose rules specifying the requirements for board
692	692	approval of an educator preparation program as a qualified educator
693	693	preparation program for purposes of this subchapter. The rules
694	694	must require an educator preparation program to:
695	695	(1) use research-based best practices for recruiting
696	696	and admitting candidates into the educator preparation program to
697	697	participate in the partnership program;
698	698	(2) integrate curriculum, classroom practice, and
699	699	formal observation and feedback;
700	700	(3) use multiple assessments to measure a partnership
701	701	resident's progress in the partnership program; and
702	702	(4) partner with a school district or open-enrollment
703	703	charter school.
704	704	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
705	705	SCHOOLS. (a) A school district or open-enrollment charter school
706	706	participating in the partnership program shall:
707	707	(1) enter into a written agreement with a qualified
708	708	educator preparation program to:
709	709	(A) provide a partnership resident with at least
710	710	one school year of clinical teaching in a residency position at the
711	711	district or school in the subject area and grade level for which the
712	712	resident seeks certification; and
713	713	(B) pair the partnership resident with a
714	714	cooperating teacher;
715	715	(2) specify the amount of money the district receives
716	716	under Section 48.157 that the district will provide to the program;
717	717	(3) only use money received under Section 48.157 to:
718	718	(A) implement the partnership program;
719	719	(B) provide compensation to:
720	720	(i) partnership residents in residency
721	721	positions at the district or school; and
722	722	(ii) cooperating teachers who are paired
723	723	with partnership residents at the district or school; and
724	724	(C) provide an amount equal to at least 10
725	725	percent of the funding received by the district or school to the
726	726	qualified educator preparation program with which the district or
727	727	school partners;
728	728	(4) pay at least 50 percent of the compensation paid to
729	729	partnership residents using money other than money received under
730	730	Section 48.157; and
731	731	(5) provide any information required by the agency
732	732	regarding the district's or school's implementation of the program.
733	733	(b) A school district or open-enrollment charter school may
734	734	only pair a partnership resident with a cooperating teacher who
735	735	agrees to participate in that role in a partnership program at the
736	736	district or school partnership program.
737	737	(c) A partnership resident may not serve as a teacher of
738	738	record, as that term is defined by Section 21.051.
739	739	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
740	740	shall propose rules specifying the requirements for the issuance of
741	741	a residency educator certificate to a candidate who has
742	742	successfully completed a qualified educator preparation program
743	743	under Section 21.903. The rules may not require the resident to
744	744	pass a pedagogy examination unless the examination tests
745	745	subject-specific content appropriate for the grade and subject area
746	746	for which the candidate seeks certification.
747	747	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
748	748	technical assistance, planning, and support to school districts,
749	749	open-enrollment charter schools, and qualified educator
750	750	preparation programs, which must include:
751	751	(1) providing model forms and agreements a district,
752	752	school, or educator preparation program may use to comply with the
753	753	requirements of this subchapter; and
754	754	(2) support for district and school strategic staffing
755	755	and compensation models to incentivize participation in a
756	756	partnership program.
757	757	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
758	758	commissioner may solicit and accept gifts, grants, and donations
759	759	from public and private entities to use for the purposes of this
760	760	subchapter.
761	761	Sec. 21.908. RULES. (a) The board shall propose rules
762	762	necessary to implement this subchapter, including rules under
763	763	Sections 21.903 and 21.905.
764	764	(b) The commissioner shall adopt rules as necessary to
765	765	implement this subchapter using negotiated rulemaking procedures
766	766	under Chapter 2008, Government Code.
767	767	SECTION 1.23. The heading to Section 22.001, Education
768	768	Code, is amended to read as follows:
769	769	Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER
770	770	DUES.
771	771	SECTION 1.24. Sections 22.001(a) and (b), Education Code,
772	772	are amended to read as follows:
773	773	(a) A school district employee is entitled to have an amount
774	774	deducted from the employee's salary for membership fees or dues to a
775	775	professional organization or an entity providing services to
776	776	classroom teachers under Section 21.417. The employee must:
777	777	(1) file with the district a signed written request
778	778	identifying the organization or entity [and specifying the number
779	779	of pay periods per year the deductions are to be made]; and
780	780	(2) inform the district of the total amount of the fees
781	781	and dues for each year or have the organization or entity notify the
782	782	district of the amount.
783	783	(b) The district shall deduct the total amount of the fees
784	784	or dues for a year in equal amounts per pay period [for the number of
785	785	periods specified by the employee]. The district shall notify the
786	786	employee not later than the 45th day after the district receives a
787	787	request under Subsection (a) of the number of pay periods annually
788	788	from which the district will deduct the fees or dues. The
789	789	deductions shall be made until the employee requests in writing
790	790	that the deductions be discontinued.
791	791	SECTION 1.25. Section 25.001(h), Education Code, is amended
792	792	to read as follows:
793	793	(h) In addition to the penalty provided by Section 37.10,
794	794	Penal Code, a person who knowingly falsifies information on a form
795	795	required for enrollment of a student in a school district is liable
796	796	to the district if the student is not eligible for enrollment in the
797	797	district but is enrolled on the basis of the false information. The
798	798	person is liable, for the period during which the ineligible
799	799	student is enrolled, for [the greater of:
800	800	[(1) the maximum tuition fee the district may charge
801	801	under Section 25.038; or
802	802	[(2)] the amount the district has budgeted for each
803	803	student as maintenance and operating expenses.
804	804	SECTION 1.26. Section 25.036, Education Code, is amended to
805	805	read as follows:
806	806	Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
807	807	than a high school graduate, who is younger than 21 years of age and
808	808	eligible for enrollment on September 1 of any school year may apply
809	809	to transfer for in-person instruction annually from the child's
810	810	school district of residence to another district in this state [if
811	811	both the receiving district and the applicant parent or guardian or
812	812	person having lawful control of the child jointly approve and
813	813	timely agree in writing to the transfer].
814	814	(b) A transfer application approved [agreement] under this
815	815	section shall be filed and preserved as a receiving district record
816	816	for audit purposes of the agency.
817	817	(c) A school district may deny approval of a transfer under
818	818	this section only if:
819	819	(1) the district or a school in the district to which a
820	820	student seeks to transfer is at full student capacity or has more
821	821	requests for transfers than available positions after the district
822	822	has filled available positions in accordance with Subsection (e)
823	823	and has satisfied the requirement provided under Subsection (f);
824	824	(2) before the application deadline for the applicable
825	825	school year, the district adopted a policy that provides for the
826	826	exclusion of a student who has a documented history of a criminal
827	827	offense, a juvenile court adjudication, or discipline problems
828	828	under Subchapter A, Chapter 37, and the student meets the
829	829	conditions for exclusion under the policy; or
830	830	(3) approving the transfer would supersede a
831	831	court-ordered desegregation plan.
832	832	(d) For the purpose of determining whether a school in a
833	833	school district is at full student capacity under Subsection
834	834	(c)(1), the district may not consider equity as a factor in the
835	835	district's decision-making process.
836	836	(e) A school district that has more applicants for transfer
837	837	under this section than available positions must fill the available
838	838	positions by lottery and must give priority to applicants in the
839	839	following order:
840	840	(1) students who:
841	841	(A) do not reside in the district but were
842	842	enrolled in the district in the preceding school year; or
843	843	(B) are dependents of an employee of the
844	844	receiving district; and
845	845	(2) students:
846	846	(A) receiving special education services under
847	847	Subchapter A, Chapter 29;
848	848	(B) who are dependents of military personnel;
849	849	(C) who are dependents of law enforcement
850	850	personnel;
851	851	(D) in foster care;
852	852	(E) who are the subject of court-ordered
853	853	modification of an order establishing conservatorship or
854	854	possession and access; or
855	855	(F) who are siblings of a student who is enrolled
856	856	in the receiving district at the time the student seeks to transfer.
857	857	(f) A school district may deny approval of a transfer under
858	858	Subsection (c)(1) only if the district publishes and annually
859	859	updates the district's full student capacity by campus.
860	860	(g) A receiving school district may, but is not required to,
861	861	provide transportation to a student who transfers to the receiving
862	862	district under this section.
863	863	(h) A receiving school district may revoke, at any time
864	864	during the school year, the approval of the student's transfer only
865	865	if:
866	866	(1) the student engages in conduct:
867	867	(A) for which a student is required or permitted
868	868	to be removed from class and placed in a disciplinary alternative
869	869	education program under Section 37.006; or
870	870	(B) for which a student is required or permitted
871	871	to be expelled from school under Section 37.007; and
872	872	(2) before revoking approval of the student's
873	873	transfer, the district ensures the student is afforded appropriate
874	874	due process and complies with any requirements of state law or
875	875	district policy relating to the expulsion of a student to the same
876	876	extent as if the student were being expelled under Section 37.007.
877	877	SECTION 1.27. Section 25.038, Education Code, is amended to
878	878	read as follows:
879	879	Sec. 25.038. TUITION FEE FOR TRANSFER STUDENTS PAID BY
880	880	SCHOOL DISTRICT. (a) Except as provided by Subsection (b), a
881	881	[The] receiving school district may charge a tuition fee to another
882	882	school district, if the receiving district has contracted with the
883	883	other district to educate the other district's students, to the
884	884	extent that the district's actual expenditure per student in
885	885	average daily attendance, as determined by its board of trustees,
886	886	exceeds the sum the district benefits from state aid sources as
887	887	provided by Section 25.037. However, unless a tuition fee is
888	888	prescribed and set out in a transfer agreement before its execution
889	889	by the parties, an increase in tuition charge may not be made for
890	890	the year of that transfer that exceeds the tuition charge, if any,
891	891	of the preceding school year.
892	892	(b) A school district may not charge a tuition fee under
893	893	this section for a student transfer authorized under Section
894	894	25.036.
895	895	SECTION 1.28. Subchapter C, Chapter 25, Education Code, is
896	896	amended by adding Section 25.0813 to read as follows:
897	897	Sec. 25.0813. FIVE-DAY SCHOOL WEEK SCHEDULE. (a) A school
898	898	district must operate a school week of not fewer than five
899	899	instructional days for at least two-thirds of the weeks the
900	900	district operates during the school year.
901	901	(b) Subsection (a) does not apply to:
902	902	(1) a school district specifically authorized by other
903	903	law to operate a school week of fewer than five instructional days;
904	904	or
905	905	(2) a school district that before May 1, 2023, adopted
906	906	for the 2023-2024 school year a four-day school week schedule.
907	907	SECTION 1.29. Section 29.153(b), Education Code, is amended
908	908	to read as follows:
909	909	(b) A child is eligible for enrollment in a prekindergarten
910	910	class under this section if the child is at least three years of age
911	911	and:
912	912	(1) is unable to speak and comprehend the English
913	913	language;
914	914	(2) is educationally disadvantaged;
915	915	(3) is homeless, regardless of the residence of the
916	916	child, of either parent of the child, or of the child's guardian or
917	917	other person having lawful control of the child;
918	918	(4) is the child of an active duty member of the armed
919	919	forces of the United States, including the state military forces or
920	920	a reserve component of the armed forces, who is ordered to active
921	921	duty by proper authority;
922	922	(5) is the child of a member of the armed forces of the
923	923	United States, including the state military forces or a reserve
924	924	component of the armed forces, who was injured or killed while
925	925	serving on active duty;
926	926	(6) is or ever has been in:
927	927	(A) the conservatorship of the Department of
928	928	Family and Protective Services following an adversary hearing held
929	929	as provided by Section 262.201, Family Code; or
930	930	(B) foster care in another state or territory, if
931	931	the child resides in this state; [or]
932	932	(7) is the child of a person eligible for the Star of
933	933	Texas Award as:
934	934	(A) a peace officer under Section 3106.002,
935	935	Government Code;
936	936	(B) a firefighter under Section 3106.003,
937	937	Government Code; or
938	938	(C) an emergency medical first responder under
939	939	Section 3106.004, Government Code; or
940	940	(8) is the child of a person employed as a classroom
941	941	teacher at a public primary or secondary school in the school
942	942	district that offers a prekindergarten class under this section.
943	943	SECTION 1.30. Section 29.934(d), Education Code, is amended
944	944	to read as follows:
945	945	(d) To be designated as a resource campus, the campus must:
946	946	(1) implement a targeted improvement plan as described
947	947	by Chapter 39A and establish a school community partnership team;
948	948	(2) adopt an accelerated campus excellence turnaround
949	949	plan as provided by Section 39A.105(b) and ensure that from the date
950	950	of the adoption of the plan, not less than 20 percent of the
951	951	classroom teachers assigned to the campus who teach subjects
952	952	included in the foundation curriculum under Section 28.002(a)(1)
953	953	hold a current designation under Section 21.3521 [except that a
954	954	classroom teacher who satisfies the requirements for demonstrated
955	955	instructional effectiveness under Section 39A.105(b)(3) must also
956	956	hold a current designation assigned under Section 21.3521];
957	957	(3) be in a school district that has adopted an
958	958	approved local optional teacher designation system under Section
959	959	21.3521;
960	960	(4) satisfy certain staff criteria by:
961	961	(A) requiring a principal or teacher employed at
962	962	the campus before the designation to apply for a position to
963	963	continue at the campus;
964	964	(B) for a subject in the foundation curriculum,
965	965	employing only teachers who have at least two [three] years of
966	966	teaching experience;
967	967	(C) employing at least one school counselor for
968	968	every 300 students; and
969	969	(D) employing at least one appropriately
970	970	licensed professional to assist with the social and emotional needs
971	971	of students and staff, who must be a:
972	972	(i) family and community liaison;
973	973	(ii) clinical social worker;
974	974	(iii) specialist in school psychology; or
975	975	(iv) professional counselor;
976	976	(5) implement a positive behavior program as provided
977	977	by Section 37.0013;
978	978	(6) implement a family engagement plan as described by
979	979	Section 29.168;
980	980	(7) develop and implement a plan to use high quality
981	981	instructional materials;
982	982	(8) if the campus is an elementary campus, operate the
983	983	campus for a school year that qualifies for funding under Section
984	984	48.0051; and
985	985	(9) annually submit to the commissioner data and
986	986	information required by the commissioner to assess fidelity of
987	987	implementation.
988	988	SECTION 1.31. Section 30.003, Education Code, is amended by
989	989	amending Subsections (b) and (f-1) and adding Subsection (b-1) to
990	990	read as follows:
991	991	(b) If the student is admitted to the school for a full-time
992	992	program for the equivalent of two long semesters, the district's
993	993	share of the cost is an amount equal to the dollar amount of
994	994	maintenance and debt service taxes imposed by the district for that
995	995	year, subject to Subsection (b-1), divided by the district's
996	996	average daily attendance for the preceding year.
997	997	(b-1) For purposes of Subsection (b), the commissioner
998	998	shall reduce the dollar amount of maintenance and debt service
999	999	taxes imposed by the district for a year by the amount, if any, by
1000	1000	which the district is required to reduce the district's local
1001	1001	revenue level under Section 48.257 for that year.
1002	1002	(f-1) The commissioner shall determine the total amount
1003	1003	that the Texas School for the Blind and Visually Impaired and the
1004	1004	Texas School for the Deaf would have received from school districts
1005	1005	in accordance with this section if the following provisions had not
1006	1006	reduced the districts' share of the cost of providing education
1007	1007	services:
1008	1008	(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
1009	1009	Called Session, 2006;
1010	1010	(2) Subsection (b-1) of this section;
1011	1011	(3) Section 45.0032;
1012	1012	(4) [(3)] Section 48.255; and
1013	1013	(5) [(4)] Section 48.2551.
1014	1014	SECTION 1.32. Section 30.102(b), Education Code, is amended
1015	1015	to read as follows:
1016	1016	(b) A classroom teacher, full-time librarian, full-time
1017	1017	school counselor certified under Subchapter B, Chapter 21, or
1018	1018	full-time school nurse employed by the department is entitled to
1019	1019	receive as a minimum salary the [monthly] salary specified by
1020	1020	Section 21.402. A classroom teacher, full-time librarian,
1021	1021	full-time school counselor, or full-time school nurse may be paid,
1022	1022	from funds appropriated to the department, a salary in excess of the
1023	1023	minimum specified by that section, but the salary may not exceed the
1024	1024	rate of pay for a similar position in the public schools of an
1025	1025	adjacent school district.
1026	1026	SECTION 1.33. Section 33.009(h), Education Code, is amended
1027	1027	to read as follows:
1028	1028	(h) From funds appropriated for that purpose, a school
1029	1029	counselor who attends the academy under this section is entitled to
1030	1030	receive a stipend in the amount determined by the coordinating
1031	1031	board. If funds are available after all eligible school counselors
1032	1032	have received a stipend under this subsection, the coordinating
1033	1033	board shall pay a stipend in the amount determined by the
1034	1034	coordinating board to a teacher who attends the academy under this
1035	1035	section. A stipend received under this subsection is not
1036	1036	considered in determining whether a district is paying the school
1037	1037	counselor or teacher the minimum [monthly] salary under Section
1038	1038	21.402.
1039	1039	SECTION 1.34. Section 37.002, Education Code, is amended by
1040	1040	amending Subsections (b), (c), and (d) and adding Subsections
1041	1041	(b-2), (f), and (g) to read as follows:
1042	1042	(b) A teacher may remove from class a student who:
1043	1043	(1) interferes [who has been documented by the teacher
1044	1044	to repeatedly interfere] with the teacher's ability to communicate
1045	1045	effectively with the students in the class or with the ability of
1046	1046	the student's classmates to learn; [or]
1047	1047	(2) demonstrates [whose] behavior that is unruly,
1048	1048	disruptive, or abusive toward the teacher or another adult or
1049	1049	another student; or
1050	1050	(3) engages in conduct that constitutes bullying, as
1051	1051	defined by Section 37.0832 [determines is so unruly, disruptive, or
1052	1052	abusive that it seriously interferes with the teacher's ability to
1053	1053	communicate effectively with the students in the class or with the
1054	1054	ability of the student's classmates to learn].
1055	1055	(b-2) A teacher, campus behavior coordinator, or other
1056	1056	appropriate administrator shall notify a parent or person standing
1057	1057	in parental relation to a student of the removal of a student under
1058	1058	this section.
1059	1059	(c) If a teacher removes a student from class under
1060	1060	Subsection (b), the principal may place the student into another
1061	1061	appropriate classroom, into in-school suspension, or into a
1062	1062	disciplinary alternative education program as provided by Section
1063	1063	37.008. The principal may not return the student to that teacher's
1064	1064	class without the teacher's written consent unless the committee
1065	1065	established under Section 37.003 determines that such placement is
1066	1066	the best or only alternative available. The principal may not
1067	1067	return the student to that teacher's class, regardless of the
1068	1068	teacher's consent, until a return to class plan has been prepared
1069	1069	for that student. The principal may only designate an employee of
1070	1070	the school whose primary duties do not include classroom
1071	1071	instruction to create a return to class plan. The terms of the
1072	1072	removal may prohibit the student from attending or participating in
1073	1073	school-sponsored or school-related activity.
1074	1074	(d) A teacher shall remove from class and send to the
1075	1075	principal for placement in a disciplinary alternative education
1076	1076	program or for expulsion, as appropriate, a student who engages in
1077	1077	conduct described under Section 37.006 or 37.007. The student may
1078	1078	not be returned to that teacher's class without the teacher's
1079	1079	written consent unless the committee established under Section
1080	1080	37.003 determines that such placement is the best or only
1081	1081	alternative available. If the teacher removed the student from
1082	1082	class because the student has engaged in the elements of any offense
1083	1083	listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or
1084	1084	(b)(2)(C) against the teacher, the student may not be returned to
1085	1085	the teacher's class without the teacher's consent. The teacher may
1086	1086	not be coerced to consent.
1087	1087	(f) A student may appeal the student's removal from class
1088	1088	under this section to:
1089	1089	(1) the school's placement review committee
1090	1090	established under Section 37.003; or
1091	1091	(2) the safe and supportive school team established
1092	1092	under Section 37.115, in accordance with a district policy
1093	1093	providing for such an appeal to be made to the team.
1094	1094	(g) Section 37.004 applies to the removal or placement under
1095	1095	this section of a student with a disability who receives special
1096	1096	education services.
1097	1097	SECTION 1.35. Sections 48.0051(a), (b), and (d), Education
1098	1098	Code, are amended to read as follows:
1099	1099	(a) The [Subject to Subsection (a-1), the] commissioner
1100	1100	shall adjust the average daily attendance of a school district or
1101	1101	open-enrollment charter school under Section 48.005 in the manner
1102	1102	provided by Subsection (b) if the district or school:
1103	1103	(1) provides the minimum number of minutes of
1104	1104	operational and instructional time required under Section 25.081
1105	1105	and commissioner rules adopted under that section over at least 175
1106	1106	[180] days of instruction; and
1107	1107	(2) offers an additional 30 days of half-day
1108	1108	instruction for students enrolled in prekindergarten through fifth
1109	1109	grade.
1110	1110	(b) For a school district or open-enrollment charter school
1111	1111	described by Subsection (a), the commissioner shall increase the
1112	1112	average daily attendance of the district or school under Section
1113	1113	48.005 by the amount that results from the quotient of the sum of
1114	1114	attendance by students described by Subsection (a)(2) for each of
1115	1115	the 30 additional instructional days of half-day instruction that
1116	1116	are provided divided by 175 [180].
1117	1117	(d) This section does not prohibit a school district from
1118	1118	providing the minimum number of minutes of operational and
1119	1119	instructional time required under Section 25.081 and commissioner
1120	1120	rules adopted under that section over fewer than 175 [180] days of
1121	1121	instruction.
1122	1122	SECTION 1.36. Subchapter A, Chapter 48, Education Code, is
1123	1123	amended by adding Section 48.0055 to read as follows:
1124	1124	Sec. 48.0055. ENROLLMENT-BASED FUNDING. The commissioner
1125	1125	by rule shall establish the method for determining average
1126	1126	enrollment for purposes of funding provided based on average
1127	1127	enrollment under Chapter 46 and this chapter.
1128	1128	SECTION 1.37. Sections 48.011(a), (a-1), (d), and (e),
1129	1129	Education Code, are amended to read as follows:
1130	1130	(a) Subject to Subsections (b) and (d), the commissioner may
1131	1131	adjust the [a school district's] funding entitlement under this
1132	1132	code for a school district, an open-enrollment charter school, the
1133	1133	Windham School District, the Texas School for the Deaf, or the Texas
1134	1134	School for the Blind and Visually Impaired [chapter] if the funding
1135	1135	formulas used to determine the [district's] entitlement result in
1136	1136	an unanticipated loss or gain [for a district].
1137	1137	(a-1) The commissioner may modify dates relating to the
1138	1138	adoption of a school district's maintenance and operations tax rate
1139	1139	and, if applicable, an election required for the district to adopt
1140	1140	that rate as necessary to implement the changes to the Foundation
1141	1141	School Program and requirements relating to school district tax
1142	1142	rates made by the 88th [H.B. 3, 86th] Legislature, Regular Session,
1143	1143	2023 [2019].
1144	1144	(d) Beginning with the 2026-2027 [2021-2022] school year,
1145	1145	the commissioner may not make an adjustment under Subsection (a) or
1146	1146	(a-1).
1147	1147	(e) This section expires September 1, 2027 [2023].
1148	1148	SECTION 1.38. Section 48.051, Education Code, is amended by
1149	1149	amending Subsections (a), (c), and (d) and adding Subsections
1150	1150	(c-3), (c-4), (c-5), and (c-6) to read as follows:
1151	1151	(a) For each student in average daily attendance, not
1152	1152	including the time students spend each day in special education
1153	1153	programs in an instructional arrangement other than mainstream or
1154	1154	career and technology education programs, for which an additional
1155	1155	allotment is made under Subchapter C, a district is entitled to an
1156	1156	allotment equal to [the lesser of $6,160 or] the amount that results
1157	1157	from the following formula:
1158	1158	A = B [$6,160] X TR/MCR
1159	1159	where:
1160	1160	"A" is the allotment to which a district is entitled;
1161	1161	"B" is the base amount, which equals the greater of:
1162	1162	(1) $6,210;
1163	1163	(2) an amount equal to the district's base amount under
1164	1164	this section for the preceding school year; or
1165	1165	(3) the amount appropriated under Subsection (b);
1166	1166	"TR" is the district's tier one maintenance and operations
1167	1167	tax rate, as provided by Section 45.0032; and
1168	1168	"MCR" is the district's maximum compressed tax rate, as
1169	1169	determined under Section 48.2551.
1170	1170	(c) During any school year for which the value of "A"
1171	1171	determined [maximum amount of the basic allotment provided] under
1172	1172	Subsection (a) or, if applicable, the sum of the value of "A" and
1173	1173	the allotment under Section 48.101 to which the district is
1174	1174	entitled, [or (b)] is greater than the value of "A" or, if
1175	1175	applicable, the sum of the value of "A" and the allotment under
1176	1176	Section 48.101 to which the district is entitled, [maximum amount
1177	1177	provided] for the preceding school year, a school district must use
1178	1178	at least 50 [30] percent of the amount[, if the amount is greater
1179	1179	than zero,] that equals the product of the average daily attendance
1180	1180	of the district multiplied by the amount of the difference between
1181	1181	the district's funding under this chapter per student in average
1182	1182	daily attendance, excluding the amounts described by Subsection
1183	1183	(c-6), for the current school year and the preceding school year to
1184	1184	increase the average total compensation per full-time classroom
1185	1185	teacher [provide compensation increases to full-time district
1186	1186	employees other than administrators as follows:
1187	1187	[(1) 75 percent must be used to increase the
1188	1188	compensation paid to classroom teachers, full-time librarians,
1189	1189	full-time school counselors certified under Subchapter B, Chapter
1190	1190	21, and full-time school nurses, prioritizing differentiated
1191	1191	compensation for classroom teachers with more than five years of
1192	1192	experience; and
1193	1193	[(2) 25 percent may be used as determined by the
1194	1194	district to increase compensation paid to full-time district
1195	1195	employees].
1196	1196	(c-3) In calculating the average total compensation per
1197	1197	full-time classroom teacher under Subsection (c), a school district
1198	1198	may not consider compensation paid to a classroom teacher added by
1199	1199	the district for the current school year that increases the ratio of
1200	1200	classroom teachers to students enrolled in the district compared to
1201	1201	the preceding school year.
1202	1202	(c-4) If a school district increases employee compensation
1203	1203	in a school year to comply with Subsection (c), as amended by
1204	1204	H.B. 100, Acts of the 88th Legislature, Regular Session, 2023, the
1205	1205	district is providing compensation for services rendered
1206	1206	independently of an existing employment contract applicable to that
1207	1207	year and is not a violation of Section 53, Article III, Texas
1208	1208	Constitution.
1209	1209	(c-5) A school district that does not meet the requirements
1210	1210	of Subsection (c) during a school year may satisfy the requirements
1211	1211	of this section by providing a full-time classroom teacher a
1212	1212	one-time bonus payment during the following school year in an
1213	1213	amount equal to the difference between the compensation earned by
1214	1214	the teacher and the compensation the teacher should have received
1215	1215	during the school year if the district had complied with Subsection
1216	1216	(c).
1217	1217	(c-6) For purposes of determining the amount of a school
1218	1218	district's funding under this chapter under Subsection (c), the
1219	1219	commissioner shall exclude:
1220	1220	(1) funding under Section 13.054;
1221	1221	(2) incentive aid payments under Subchapter G, Chapter
1222	1222	13;
1223	1223	(3) money received from the state instructional
1224	1224	materials and technology fund under Section 31.021;
1225	1225	(4) the special education full individual and initial
1226	1226	evaluation allotment under Section 48.1022;
1227	1227	(5) the college, career, and military readiness
1228	1228	outcomes bonuses under Section 48.110;
1229	1229	(6) the school safety allotment under Section 48.115;
1230	1230	and
1231	1231	(7) the allotments under Subchapter D, other than the
1232	1232	allotments under Sections 48.153 and 48.154.
1233	1233	(d) In this section, "compensation" includes:
1234	1234	(1) benefits such as insurance premiums; and
1235	1235	(2) contributions to the Teacher Retirement System of
1236	1236	Texas under Section 825.4035, Government Code.
1237	1237	SECTION 1.39. Section 48.101, Education Code, is amended to
1238	1238	read as follows:
1239	1239	Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
1240	1240	Small and mid-sized districts are entitled to an annual allotment
1241	1241	in accordance with this section. In this section:
1242	1242	(1) "AA" is the district's annual allotment per
1243	1243	student in average daily attendance;
1244	1244	(2) "ADA" is the number of students in average daily
1245	1245	attendance for which the district is entitled to an allotment under
1246	1246	Section 48.051, other than students who do not reside in the
1247	1247	district enrolled in a full-time virtual program; and
1248	1248	(3) "BA" is the basic allotment determined under
1249	1249	Section 48.051.
1250	1250	(b) A school district that has fewer than 1,600 students in
1251	1251	average daily attendance is entitled to an annual allotment for
1252	1252	each student in average daily attendance based on the following
1253	1253	formula:
1254	1254	AA = ((1,600 - ADA) X .00055 [.0004]) X BA
1255	1255	(c) A school district that offers a kindergarten through
1256	1256	grade 12 program and has less than 5,000 students in average daily
1257	1257	attendance is entitled to an annual allotment for each student in
1258	1258	average daily attendance based on the formula, of the following
1259	1259	formulas, that results in the greatest annual allotment:
1260	1260	(1) the formula in Subsection (b), if the district is
1261	1261	eligible for that formula; or
1262	1262	(2) AA = ((5,000 - ADA) X .0000345 [.000025]) X BA.
1263	1263	(d) Instead of the allotment under Subsection (b) or (c)(1),
1264	1264	a school district that has fewer than 300 students in average daily
1265	1265	attendance and is the only school district located in and operating
1266	1266	in a county is entitled to an annual allotment for each student in
1267	1267	average daily attendance based on the following formula:
1268	1268	AA = ((1,600 - ADA) X .00057 [.00047]) X BA
1269	1269	SECTION 1.40. Subchapter C, Chapter 48, Education Code, is
1270	1270	amended by adding Section 48.1022 to read as follows:
1271	1271	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
1272	1272	EVALUATION. For each student for whom a school district conducts a
1273	1273	full individual and initial evaluation under Section 29.004 or 20
1274	1274	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
1275	1275	of $500 or a greater amount provided by appropriation.
1276	1276	SECTION 1.41. Section 48.110(d), Education Code, is amended
1277	1277	to read as follows:
1278	1278	(d) For each annual graduate in a cohort described by
1279	1279	Subsection (b) who demonstrates college, career, or military
1280	1280	readiness as described by Subsection (f) in excess of the minimum
1281	1281	number of students determined for the applicable district cohort
1282	1282	under Subsection (c), a school district is entitled to an annual
1283	1283	outcomes bonus of:
1284	1284	(1) if the annual graduate is educationally
1285	1285	disadvantaged, $5,000;
1286	1286	(2) if the annual graduate is not educationally
1287	1287	disadvantaged, $3,000; and
1288	1288	(3) if the annual graduate is enrolled in a special
1289	1289	education program under Subchapter A, Chapter 29, $4,000 [$2,000],
1290	1290	regardless of whether the annual graduate is educationally
1291	1291	disadvantaged.
1292	1292	SECTION 1.42. Section 48.111(a), Education Code, is amended
1293	1293	to read as follows:
1294	1294	(a) A [Except as provided by Subsection (c), a] school
1295	1295	district is entitled to an annual allotment equal to the basic
1296	1296	allotment multiplied by the applicable weight under Subsection
1297	1297	(a-1) for each enrolled student equal to the difference, if the
1298	1298	difference is greater than zero, that results from subtracting 250
1299	1299	from the difference between the number of students enrolled in the
1300	1300	district during the school year immediately preceding the current
1301	1301	school year and the number of students enrolled in the district
1302	1302	during the school year six years preceding the current school year.
1303	1303	SECTION 1.43. Sections 48.112(c) and (d), Education Code,
1304	1304	are amended to read as follows:
1305	1305	(c) For each classroom teacher with a teacher designation
1306	1306	under Section 21.3521 employed by a school district, the school
1307	1307	district is entitled to an allotment equal to the following
1308	1308	applicable base amount increased by the high needs and rural factor
1309	1309	as determined under Subsection (d):
1310	1310	(1) $12,000, or an increased amount not to exceed
1311	1311	$36,000 [$32,000] as determined under Subsection (d), for each
1312	1312	master teacher;
1313	1313	(2) $9,000 [$6,000], or an increased amount not to
1314	1314	exceed $25,000 [$18,000] as determined under Subsection (d), for
1315	1315	each exemplary teacher; [and]
1316	1316	(3) $5,000 [$3,000], or an increased amount not to
1317	1317	exceed $15,000 [$9,000] as determined under Subsection (d), for
1318	1318	each recognized teacher; and
1319	1319	(4) $3,000, or an increased amount not to exceed
1320	1320	$9,000 as determined under Subsection (d), for each:
1321	1321	(A) acknowledged teacher; or
1322	1322	(B) teacher designated as nationally board
1323	1323	certified.
1324	1324	(d) The high needs and rural factor is determined by
1325	1325	multiplying the following applicable amounts by the average of the
1326	1326	point value assigned to each student at a district campus under
1327	1327	Subsection (e):
1328	1328	(1) $6,000 [$5,000] for each master teacher;
1329	1329	(2) $4,000 [$3,000] for each exemplary teacher; [and]
1330	1330	(3) $2,500 [$1,500] for each recognized teacher; and
1331	1331	(4) $1,500 for each:
1332	1332	(A) acknowledged teacher; or
1333	1333	(B) teacher designated as nationally board
1334	1334	certified.
1335	1335	SECTION 1.44. Section 48.114, Education Code, is amended by
1336	1336	amending Subsection (a) and adding Subsection (d) to read as
1337	1337	follows:
1338	1338	(a) A school district [that has implemented a mentoring
1339	1339	program for classroom teachers who have less than two years of
1340	1340	teaching experience under Section 21.458] is entitled to an
1341	1341	allotment [as determined under Subsection (b)] to fund a [the]
1342	1342	mentoring program and to provide stipends for mentor teachers if:
1343	1343	(1) the district has implemented a mentoring program
1344	1344	for classroom teachers under Section 21.458; and
1345	1345	(2) the mentor teachers assigned under that program
1346	1346	complete a training program that is required or developed by the
1347	1347	agency for mentor teachers.
1348	1348	(d) A school district is entitled to an allotment of $2,000
1349	1349	for each classroom teacher with less than two years of experience
1350	1350	who participates in a mentoring program described by Subsection
1351	1351	(a). A district may receive an allotment under this section for no
1352	1352	more than 40 teachers during a school year unless an appropriation
1353	1353	is made for the purposes of providing a greater number of allotments
1354	1354	per district.
1355	1355	SECTION 1.45. Section 48.151(g), Education Code, is amended
1356	1356	to read as follows:
1357	1357	(g) A school district or county that provides special
1358	1358	transportation services for eligible special education students is
1359	1359	entitled to a state allocation at a [paid on a previous year's
1360	1360	cost-per-mile basis. The] rate per mile equal to the sum of the
1361	1361	rate per mile set under Subsection (c) and $0.13, or a greater
1362	1362	amount provided [allowable shall be set] by appropriation [based on
1363	1363	data gathered from the first year of each preceding biennium].
1364	1364	Districts may use a portion of their support allocation to pay
1365	1365	transportation costs, if necessary. The commissioner may grant an
1366	1366	amount set by appropriation for private transportation to reimburse
1367	1367	parents or their agents for transporting eligible special education
1368	1368	students. The mileage allowed shall be computed along the shortest
1369	1369	public road from the student's home to school and back, morning and
1370	1370	afternoon. The need for this type of transportation shall be
1371	1371	determined on an individual basis and shall be approved only in
1372	1372	extreme hardship cases.
1373	1373	SECTION 1.46. Subchapter D, Chapter 48, Education Code, is
1374	1374	amended by adding Section 48.157 to read as follows:
1375	1375	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
1376	1376	section, "partnership program" and "partnership resident" have the
1377	1377	meanings assigned by Section 21.901.
1378	1378	(b) For each partnership resident employed at a school
1379	1379	district in a residency position under Subchapter R, Chapter 21,
1380	1380	the district is entitled to an allotment equal to a base amount of
1381	1381	$22,000 increased by the high needs and rural factor, as determined
1382	1382	under Subsection (c), to an amount not to exceed $42,000.
1383	1383	(c) The high needs and rural factor is determined by
1384	1384	multiplying $5,000 by the lesser of:
1385	1385	(1) the average of the point value assigned to each
1386	1386	student at a district campus under Sections 48.112(e) and (f); or
1387	1387	(2) 4.0.
1388	1388	(d) In addition to the funding under Subsection (b), a
1389	1389	district that qualifies for an allotment under this section is
1390	1390	entitled to an additional $2,000 for each partnership resident
1391	1391	employed in a residency position at the district who is a candidate
1392	1392	for special education or bilingual education certification.
1393	1393	(e) The Texas School for the Deaf and the Texas School for
1394	1394	the Blind and Visually Impaired are entitled to an allotment under
1395	1395	this section. If the commissioner determines that assigning point
1396	1396	values under Subsection (c) to students enrolled in the Texas
1397	1397	School for the Deaf or the Texas School for the Blind and Visually
1398	1398	Impaired is impractical, the commissioner may use the average point
1399	1399	value assigned for those students' home districts for purposes of
1400	1400	calculating the high needs and rural factor.
1401	1401	SECTION 1.47. Subchapter D, Chapter 48, Education Code, is
1402	1402	amended by adding Section 48.160 to read as follows:
1403	1403	Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS
1404	1404	AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible
1405	1405	to receive an allotment under this section if the district offers
1406	1406	through in-person instruction, remote instruction, or a hybrid of
1407	1407	in-person and remote instruction:
1408	1408	(1) an advanced mathematics pathway that begins with
1409	1409	Algebra I in grade eight and continues through progressively more
1410	1410	advanced mathematics courses in each grade from grade 9 through 12;
1411	1411	(2) a program of study in:
1412	1412	(A) computer programming and software
1413	1413	development; or
1414	1414	(B) cybersecurity; and
1415	1415	(3) a program of study in a specialized skilled trade,
1416	1416	such as:
1417	1417	(A) plumbing and pipefitting;
1418	1418	(B) electrical;
1419	1419	(C) welding;
1420	1420	(D) diesel and heavy equipment;
1421	1421	(E) aviation maintenance; or
1422	1422	(F) applied agricultural engineering.
1423	1423	(b) Notwithstanding Subsection (a), a school district is
1424	1424	eligible for the allotment under this section for students enrolled
1425	1425	in a high school in the district that does not offer a program of
1426	1426	study described by Subsection (a)(2) or (3) if:
1427	1427	(1) high school students who reside in the attendance
1428	1428	zone of the high school may participate in the program of study by
1429	1429	enrolling in another high school:
1430	1430	(A) that:
1431	1431	(i) is in the same district or a neighboring
1432	1432	school district;
1433	1433	(ii) was assigned the same or a better
1434	1434	campus overall performance rating under Section 39.054 as the high
1435	1435	school in whose attendance zone the students reside; and
1436	1436	(iii) offers the program of study; and
1437	1437	(B) to and from which transportation is provided
1438	1438	for those students; or
1439	1439	(2) students enrolled in the high school:
1440	1440	(A) are offered instruction for the program of
1441	1441	study at another location, such as another high school in the same
1442	1442	district or a neighboring school district; and
1443	1443	(B) receive transportation to and from the
1444	1444	location described by Paragraph (A).
1445	1445	(c) An eligible school district is entitled to an annual
1446	1446	allotment of $10 for each student enrolled at a high school in the
1447	1447	district that offers a pathway or program of study from each
1448	1448	subdivision described by Subsection (a) if:
1449	1449	(1) each student enrolled at the high school takes a
1450	1450	progressively more advanced mathematics course each year of
1451	1451	enrollment; and
1452	1452	(2) for each of those pathways or programs of study, at
1453	1453	least one student enrolled at the high school completes a course in
1454	1454	the pathway or program of study.
1455	1455	(d) A school district that receives an allotment under
1456	1456	Subsection (c) and Section 48.101 is entitled to receive an
1457	1457	additional allotment in an amount equal to the product of 0.1 and
1458	1458	the allotment to which the district is entitled under Section
1459	1459	48.101 for each student for which the district receives an
1460	1460	allotment under Subsection (c). An open-enrollment charter school
1461	1461	is not eligible for an allotment under this subsection.
1462	1462	(e) The commissioner by rule may establish requirements to
1463	1463	ensure students enrolled in a high school to which Subsection (b)
1464	1464	applies have meaningful access to the programs of study described
1465	1465	by Subsections (a)(2) and (3).
1466	1466	(f) The agency may reduce the amount of a school district's
1467	1467	allotment under this section if the agency determines that the
1468	1468	district has not complied with any provision of this section.
1469	1469	SECTION 1.48. Section 48.202(a-1), Education Code, is
1470	1470	amended to read as follows:
1471	1471	(a-1) For purposes of Subsection (a), the dollar amount
1472	1472	guaranteed level of state and local funds per weighted student per
1473	1473	cent of tax effort ("GL") for a school district is:
1474	1474	(1) the greater of the amount of district tax revenue
1475	1475	per weighted student per cent of tax effort available to a school
1476	1476	district at the 96th percentile of wealth per weighted student or
1477	1477	the amount that results from multiplying the maximum amount of the
1478	1478	basic allotment provided under Section 48.051 for the applicable
1479	1479	school year [6,160, or the greater amount provided under Section
1480	1480	48.051(b), if applicable,] by 0.016, for the first eight cents by
1481	1481	which the district's maintenance and operations tax rate exceeds
1482	1482	the district's tier one tax rate; and
1483	1483	(2) subject to Subsection (f), the amount that results
1484	1484	from multiplying the maximum amount of the basic allotment provided
1485	1485	under Section 48.051 for the applicable school year [$6,160, or the
1486	1486	greater amount provided under Section 48.051(b), if applicable,] by
1487	1487	0.008, for the district's maintenance and operations tax effort
1488	1488	that exceeds the amount of tax effort described by Subdivision (1).
1489	1489	SECTION 1.49. Section 48.257, Education Code, is amended by
1490	1490	adding Subsection (b-1) and amending Subsection (c) to read as
1491	1491	follows:
1492	1492	(b-1) If for any school year a school district receives an
1493	1493	adjustment under Subsection (b) and, after that adjustment, is no
1494	1494	longer subject to Subsection (a), the district is entitled to
1495	1495	additional state aid for that school year in an amount equal to the
1496	1496	lesser of:
1497	1497	(1) the difference, if the difference is greater than
1498	1498	zero, between:
1499	1499	(A) the amount to which the district is entitled
1500	1500	under Subchapters B, C, and D less the district's distribution from
1501	1501	the available school fund for that school year; and
1502	1502	(B) the district's tier one maintenance and
1503	1503	operations tax collections for that school year; or
1504	1504	(2) the sum of the district's allotments under
1505	1505	Sections 48.0051 and 48.112 for that school year.
1506	1506	(c) For purposes of Subsection (a), state aid to which a
1507	1507	district is entitled under Section 13.054 or this chapter that is
1508	1508	not described by Section 48.266(a)(3) may offset the amount by
1509	1509	which a district must reduce the district's revenue level under
1510	1510	this section. Any amount of state aid used as an offset under this
1511	1511	subsection shall reduce the amount of state aid to which the
1512	1512	district is entitled.
1513	1513	SECTION 1.50. Subchapter F, Chapter 48, Education Code, is
1514	1514	amended by adding Section 48.280 to read as follows:
1515	1515	Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) In the
1516	1516	2023-2024, 2024-2025, and 2025-2026 school years, a school district
1517	1517	is entitled to receive an annual salary transition allotment equal
1518	1518	to the difference, if that amount is greater than zero, between:
1519	1519	(1) the amount calculated under Subsection (b); and
1520	1520	(2) the amount calculated under Subsection (c).
1521	1521	(b) The agency shall calculate a school district's value for
1522	1522	Subsection (a)(1) by determining the difference between:
1523	1523	(1) the amount the district must pay in compensation
1524	1524	for the current school year for employees on the minimum salary
1525	1525	schedule under Section 21.402, as amended by H.B. 100, Acts of the
1526	1526	88th Legislature, Regular Session, 2023, divided by the total
1527	1527	number of employees on the minimum salary schedule under that
1528	1528	section for that school year; and
1529	1529	(2) the amount paid in compensation for the 2022-2023
1530	1530	school year for employees on the minimum salary schedule under
1531	1531	Section 21.402 divided by the total number of employees on the
1532	1532	minimum salary schedule under that section for that school year.
1533	1533	(c) The agency shall calculate a school district's value for
1534	1534	Subsection (a)(2) by determining the difference between:
1535	1535	(1) the total maintenance and operations revenue for
1536	1536	the current school year divided by the total number of employees on
1537	1537	the minimum salary schedule under Section 21.402 for that school
1538	1538	year; and
1539	1539	(2) the total maintenance and operations revenue that
1540	1540	would have been available to the district for the current school
1541	1541	year using the basic allotment formula provided by Section 48.051
1542	1542	and the small and mid-sized allotment formulas provided by Section
1543	1543	48.101 as those sections existed on January 1, 2023, divided by the
1544	1544	total number of employees on the minimum salary schedule under
1545	1545	Section 21.402 for that school year.
1546	1546	(d) In calculating the values under Subsections (b) and (c)
1547	1547	for a school district or open-enrollment charter school to which
1548	1548	Section 21.402 does not apply, the agency shall include as
1549	1549	employees on the minimum salary schedule under that section
1550	1550	employees of the district or school who would have been on the
1551	1551	minimum salary schedule under that section if the district or
1552	1552	school were a school district to which that section applies.
1553	1553	(e) Before making a final determination of the amount of an
1554	1554	allotment to which a school district is entitled under this
1555	1555	section, the agency shall ensure each school district has an
1556	1556	opportunity to review and submit revised information to the agency
1557	1557	for purposes of calculating the values under Subsection (a).
1558	1558	(f) A school district is entitled to an allotment in an
1559	1559	amount equal to:
1560	1560	(1) for the 2026-2027 school year, two-thirds of the
1561	1561	value determined under Subsection (a); and
1562	1562	(2) for the 2027-2028 school year, one-third of the
1563	1563	value determined under Subsection (a).
1564	1564	(g) A school district is not entitled to an allotment under
1565	1565	this section in the 2028-2029 school year or a later school year.
1566	1566	(h) For purposes of this section, "compensation" includes
1567	1567	contributions made to the Teacher Retirement System of Texas under
1568	1568	Sections 825.4035 and 825.405, Government Code.
1569	1569	(i) This section expires September 1, 2029.
1570	1570	SECTION 1.51. Subchapter G, Chapter 48, Education Code, is
1571	1571	amended by adding Sections 48.304 and 48.305 to read as follows:
1572	1572	Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
1573	1573	qualifying day placement program that a regional education service
1574	1574	center makes available in partnership with a school district,
1575	1575	open-enrollment charter school, or shared services arrangement,
1576	1576	the center is entitled to an allotment of:
1577	1577	(1) $250,000 for the first year of the program's
1578	1578	operation; and
1579	1579	(2) $150,000 for each year of the program's operation
1580	1580	after the first year.
1581	1581	(b) A day placement program qualifies for purposes of
1582	1582	Subsection (a) if:
1583	1583	(1) the program complies with commissioner rules
1584	1584	adopted under Section 48.102(c);
1585	1585	(2) the program offers services to students who are
1586	1586	enrolled at any school district or open-enrollment charter school
1587	1587	in the county in which the program is offered, unless the
1588	1588	commissioner by rule waives or modifies the requirement under this
1589	1589	subdivision for the program to serve all students in a county; and
1590	1590	(3) the agency has designated the program for service
1591	1591	in the county in which the program is offered and determined that,
1592	1592	at the time of designation, the program increases the availability
1593	1593	of day placement services in the county.
1594	1594	Sec. 48.305. PARENT-DIRECTED SERVICES FOR STUDENTS
1595	1595	RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
1596	1596	the agency awards a grant under Subchapter A-1, Chapter 29, is
1597	1597	entitled to receive an amount of $1,500 or a greater amount provided
1598	1598	by appropriation.
1599	1599	(b) The legislature shall include in the appropriations for
1600	1600	the Foundation School Program state aid sufficient for the agency
1601	1601	to award grants under Subchapter A-1, Chapter 29, in the amount
1602	1602	provided by this section.
1603	1603	(c) A student may receive one grant under Subchapter A-1,
1604	1604	Chapter 29, unless the legislature appropriates money for an
1605	1605	additional grant in the General Appropriations Act.
1606	1606	(d) A determination of the commissioner under this section
1607	1607	is final and may not be appealed.
1608	1608	SECTION 1.52. The following provisions are repealed:
1609	1609	(1) Section 21.042, Education Code;
1610	1610	(2) Sections 21.402(b), (c), (c-1), (f), and (h),
1611	1611	Education Code;
1612	1612	(3) Sections 21.403(a) and (d), Education Code;
1613	1613	(4) Subchapter Q, Chapter 21, Education Code;
1614	1614	(5) Section 29.002, Education Code;
1615	1615	(6) Sections 29.026(n) and (o), Education Code;
1616	1616	(7) Section 29.027(i), Education Code;
1617	1617	(8) Section 29.050, Education Code;
1618	1618	(9) Section 37.002(e), Education Code;
1619	1619	(10) Sections 48.111(c), (c-1), and (c-2), Education
1620	1620	Code;
1621	1621	(11) Section 48.114(b), Education Code; and
1622	1622	(12) Section 825.4092(f), Government Code, as added by
1623	1623	Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
1624	1624	Session, 2021.
1625	1625	SECTION 1.53. (a) The legislature finds that:
1626	1626	(1) the Windfall Elimination Provision was enacted in
1627	1627	1983 to equalize the earned social security benefits of workers who
1628	1628	spend part of their careers in exempt public service and workers who
1629	1629	spend their entire careers participating in social security;
1630	1630	(2) the Windfall Elimination Provision reduces the
1631	1631	social security benefits of public servants who have received a
1632	1632	pension that is not subject to social security taxes, including
1633	1633	thousands of teachers in Texas as well as the spouses and children
1634	1634	of these public servants;
1635	1635	(3) the flawed application of the Windfall Elimination
1636	1636	Provision diminishes Texans' retirement security and fails to
1637	1637	recognize their rightfully earned social security and public
1638	1638	pension benefits;
1639	1639	(4) for years, the United States Congress has failed
1640	1640	to act to remove this detriment to many citizens of Texas, including
1641	1641	teachers; and
1642	1642	(5) the United States Congress should take swift
1643	1643	action to replace the Windfall Elimination Provision with a more
1644	1644	fair and just formula that accurately reflects the contributions of
1645	1645	all American workers to the social security system.
1646	1646	(b) As soon as practicable after the effective date of this
1647	1647	Act, the secretary of the Senate shall forward official copies of
1648	1648	the legislative findings under Subsection (a) of this section to
1649	1649	the president of the United States, to the president of the Senate
1650	1650	and the speaker of the House of Representatives of the United States
1651	1651	Congress, and to all the members of the Texas delegation to
1652	1652	Congress.
1653	1653	SECTION 1.54. Not later than September 1, 2024, the
1654	1654	commissioner of education, with the assistance of the executive
1655	1655	director of the Teacher Retirement System of Texas and the
1656	1656	comptroller of public accounts, shall make recommendations to the
1657	1657	legislature to improve and coordinate pension contribution
1658	1658	appropriations for public school employees.
1659	1659	SECTION 1.55. Section 21.257(f), Education Code, as added
1660	1660	by this article, applies only to a hearing before a hearing examiner
1661	1661	commenced on or after the effective date of this article.
1662	1662	SECTION 1.56. Immediately following the effective date of
1663	1663	this article, a school district or open-enrollment charter school
1664	1664	shall redesignate a teacher who holds a designation made under
1665	1665	Section 21.3521, Education Code, before the effective date of this
1666	1666	article, to reflect the teacher's designation under Section
1667	1667	21.3521, Education Code, as amended by this article. Funding
1668	1668	provided to a school district under Section 48.112, Education Code,
1669	1669	for a teacher who held a designation made under Section 21.3521,
1670	1670	Education Code, as that section existed immediately before the
1671	1671	effective date of this article, shall be increased to reflect the
1672	1672	teacher's redesignation under Section 21.3521, Education Code, as
1673	1673	amended by this article.
1674	1674	SECTION 1.57. Notwithstanding Section 21.903, Education
1675	1675	Code, as added by this article, until the State Board for Educator
1676	1676	Certification adopts rules specifying the requirements for
1677	1677	approval of an educator preparation program as a qualified educator
1678	1678	preparation program as required by that section, the commissioner
1679	1679	of education may approve a program as a qualified educator
1680	1680	preparation program for purposes of Subchapter R, Chapter 21,
1681	1681	Education Code, as added by this article, if the commissioner
1682	1682	determines that the program meets the requirements under Section
1683	1683	21.903, Education Code, as added by this article. An educator
1684	1684	preparation program's designation as a qualified educator
1685	1685	preparation program by the commissioner under this section remains
1686	1686	effective until the first anniversary of the earliest effective
1687	1687	date of a rule adopted by the State Board for Educator Certification
1688	1688	under Section 21.903, Education Code, as added by this article.
1689	1689	SECTION 1.58. To the extent of any conflict, this article
1690	1690	prevails over another Act of the 88th Legislature, Regular Session,
1691	1691	2023, relating to nonsubstantive additions to and corrections in
1692	1692	enacted codes.
1693	1693	SECTION 1.59. (a) Except as provided by Subsection (b) of
1694	1694	this section or as otherwise provided by this article, this article
1695	1695	takes effect immediately if this Act receives a vote of two-thirds
1696	1696	of all the members elected to each house, as provided by Section 39,
1697	1697	Article III, Texas Constitution. If this Act does not receive the
1698	1698	vote necessary for immediate effect, the entirety of this article
1699	1699	takes effect September 1, 2023.
1700	1700	(b) Sections 12.106(a-2) and (d), 13.054, 30.003,
1701	1701	48.0051(a), (b), and (d), 48.011(a), (a-1), (d), and (e), 48.051,
1702	1702	48.101, 48.110(d), 48.111, 48.112(c) and (d), 48.114, 48.151(g),
1703	1703	48.202(a-1), and 48.257, Education Code, as amended by this
1704	1704	article, and Sections 48.0055, 48.1022, 48.157, 48.160, and 48.280,
1705	1705	Education Code, as added by this article, take effect September 1,
1706	1706	2023.
1707	1707	ARTICLE 2. CHANGES GENERALLY APPLICABLE TO PUBLIC SCHOOLS EFFECTIVE
1708	1708	FOR 2024-2025 SCHOOL YEAR
1709	1709	SECTION 2.01. Section 8.051(d), Education Code, is amended
1710	1710	to read as follows:
1711	1711	(d) Each regional education service center shall maintain
1712	1712	core services for purchase by school districts and campuses. The
1713	1713	core services are:
1714	1714	(1) training and assistance in:
1715	1715	(A) teaching each subject area assessed under
1716	1716	Section 39.023; and
1717	1717	(B) providing instruction in personal financial
1718	1718	literacy as required under Section 28.0021;
1719	1719	(2) training and assistance in providing each program
1720	1720	that qualifies for a funding allotment under Section 48.102,
1721	1721	48.1021, 48.104, 48.105, or 48.109;
1722	1722	(3) assistance specifically designed for a school
1723	1723	district or campus assigned an unacceptable performance rating
1724	1724	under Section 39.054;
1725	1725	(4) training and assistance to teachers,
1726	1726	administrators, members of district boards of trustees, and members
1727	1727	of site-based decision-making committees;
1728	1728	(5) assistance specifically designed for a school
1729	1729	district that is considered out of compliance with state or federal
1730	1730	special education requirements, based on the agency's most recent
1731	1731	compliance review of the district's special education programs; and
1732	1732	(6) assistance in complying with state laws and rules.
1733	1733	SECTION 2.02. Section 11.1513, Education Code, is amended
1734	1734	by adding Subsection (l) to read as follows:
1735	1735	(l) The employment policy must provide that:
1736	1736	(1) before the beginning of each school year, the
1737	1737	district shall provide a duty calendar for certain professional
1738	1738	staff as required by Section 11.15131; and
1739	1739	(2) for purposes of determining the amount of a
1740	1740	reduction in the salary of a classroom teacher, full-time
1741	1741	counselor, or full-time librarian for unpaid leave, the employee's
1742	1742	daily rate of pay is computed by dividing the employee's annual
1743	1743	salary by the number of days the employee is expected to work for
1744	1744	that school year as provided by the district's duty calendar
1745	1745	adopted under Section 11.15131.
1746	1746	SECTION 2.03. Subchapter D, Chapter 11, Education Code, is
1747	1747	amended by adding Section 11.15131 to read as follows:
1748	1748	Sec. 11.15131. DUTY CALENDAR FOR CERTAIN PROFESSIONAL
1749	1749	STAFF. (a) In this section, "supplemental duty" means a duty other
1750	1750	than a duty assigned under an employee's contract that is generally
1751	1751	expected to be performed during an instructional day and which may
1752	1752	be governed by an agreement, other than the employee's contract,
1753	1753	between the district and the employee.
1754	1754	(b) Not later than the 15th day before the first
1755	1755	instructional day of each school year, the board of trustees of a
1756	1756	school district shall adopt and provide to each classroom teacher,
1757	1757	full-time counselor, and full-time librarian employed by the
1758	1758	district a calendar that specifies the days each employee is
1759	1759	expected to work for that school year, including the days on which
1760	1760	the employee is expected to perform supplemental duties for more
1761	1761	than 30 minutes outside of the instructional day, and except for
1762	1762	days on which the employee may be required to spend time on an
1763	1763	unanticipated duty outside of the instructional day to comply with
1764	1764	a state or federal law.
1765	1765	SECTION 2.04. Section 29.014(d), Education Code, is amended
1766	1766	to read as follows:
1767	1767	(d) The basic allotment for a student enrolled in a district
1768	1768	to which this section applies is adjusted by the tier of intensity
1769	1769	of service defined in accordance with [weight for a homebound
1770	1770	student under] Section 48.102 and designated by commissioner rule
1771	1771	for use under this section [48.102(a)].
1772	1772	SECTION 2.05. Section 29.018, Education Code, is amended by
1773	1773	adding Subsection (g) to read as follows:
1774	1774	(g) This section expires September 1, 2026.
1775	1775	SECTION 2.06. Sections 29.022(a), (a-1), (b), (c), (c-1),
1776	1776	(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended
1777	1777	to read as follows:
1778	1778	(a) In order to promote student safety, on receipt of a
1779	1779	written request authorized under Subsection (a-1), a school
1780	1780	district or open-enrollment charter school shall provide
1781	1781	equipment, including a video camera, to the school or schools in the
1782	1782	district or the charter school campus or campuses specified in the
1783	1783	request. A school or campus that receives equipment as provided by
1784	1784	this subsection shall place, operate, and maintain one or more
1785	1785	video cameras in special education [self-contained] classrooms and
1786	1786	other special education settings [in which a majority of the
1787	1787	students in regular attendance are provided special education and
1788	1788	related services and are assigned to one or more self-contained
1789	1789	classrooms or other special education settings for at least 50
1790	1790	percent of the instructional day], provided that:
1791	1791	(1) a school or campus that receives equipment as a
1792	1792	result of the request by a parent or staff member is required to
1793	1793	place equipment only in classrooms or settings in which the
1794	1794	parent's child is in regular attendance or to which the staff member
1795	1795	is assigned, as applicable; and
1796	1796	(2) a school or campus that receives equipment as a
1797	1797	result of the request by a board of trustees, governing body,
1798	1798	principal, or assistant principal is required to place equipment
1799	1799	only in classrooms or settings identified by the requestor, if the
1800	1800	requestor limits the request to specific classrooms or settings
1801	1801	subject to this subsection.
1802	1802	(a-1) For purposes of Subsection (a):
1803	1803	(1) a parent of a child who receives special education
1804	1804	services in one or more special education [self-contained]
1805	1805	classrooms or other special education settings may request in
1806	1806	writing that equipment be provided to the school or campus at which
1807	1807	the child receives those services;
1808	1808	(2) a board of trustees or governing body may request
1809	1809	in writing that equipment be provided to one or more specified
1810	1810	schools or campuses at which one or more children receive special
1811	1811	education services in special education [self-contained]
1812	1812	classrooms or other special education settings;
1813	1813	(3) the principal or assistant principal of a school
1814	1814	or campus at which one or more children receive special education
1815	1815	services in special education [self-contained] classrooms or other
1816	1816	special education settings may request in writing that equipment be
1817	1817	provided to the principal's or assistant principal's school or
1818	1818	campus; and
1819	1819	(4) a staff member assigned to work with one or more
1820	1820	children receiving special education services in special education
1821	1821	[self-contained] classrooms or other special education settings
1822	1822	may request in writing that equipment be provided to the school or
1823	1823	campus at which the staff member works.
1824	1824	(b) A school or campus that places a video camera in a
1825	1825	special education classroom or other special education setting in
1826	1826	accordance with Subsection (a) shall operate and maintain the video
1827	1827	camera in the classroom or setting, as long as the classroom or
1828	1828	setting continues to satisfy the requirements under Subsection (a),
1829	1829	for the remainder of the school year in which the school or campus
1830	1830	received the request, unless the requestor withdraws the request in
1831	1831	writing. If for any reason a school or campus will discontinue
1832	1832	operation of a video camera during a school year, not later than the
1833	1833	fifth school day before the date the operation of the video camera
1834	1834	will be discontinued, the school or campus must notify the parents
1835	1835	of each student in regular attendance in the classroom or setting
1836	1836	that operation of the video camera will not continue unless
1837	1837	requested by a person eligible to make a request under Subsection
1838	1838	(a-1). Not later than the 10th school day before the end of each
1839	1839	school year, the school or campus must notify the parents of each
1840	1840	student in regular attendance in the classroom or setting that
1841	1841	operation of the video camera will not continue during the
1842	1842	following school year unless a person eligible to make a request for
1843	1843	the next school year under Subsection (a-1) submits a new request.
1844	1844	(c) Except as provided by Subsection (c-1), video cameras
1845	1845	placed under this section must be capable of:
1846	1846	(1) covering all areas of the special education
1847	1847	classroom or other special education setting, including a room
1848	1848	attached to the classroom or setting used for time-out; and
1849	1849	(2) recording audio from all areas of the special
1850	1850	education classroom or other special education setting, including a
1851	1851	room attached to the classroom or setting used for time-out.
1852	1852	(c-1) The inside of a bathroom or any area in the special
1853	1853	education classroom or other special education setting in which a
1854	1854	student's clothes are changed may not be visually monitored, except
1855	1855	for incidental coverage of a minor portion of a bathroom or changing
1856	1856	area because of the layout of the classroom or setting.
1857	1857	(d) Before a school or campus activates a video camera in a
1858	1858	special education classroom or other special education setting
1859	1859	under this section, the school or campus shall provide written
1860	1860	notice of the placement to all school or campus staff and to the
1861	1861	parents of each student attending class or engaging in school
1862	1862	activities in the classroom or setting.
1863	1863	(f) A school district or open-enrollment charter school may
1864	1864	solicit and accept gifts, grants, and donations from any person for
1865	1865	use in placing video cameras in special education classrooms or
1866	1866	other special education settings under this section.
1867	1867	(h) A school district or open-enrollment charter school may
1868	1868	not:
1869	1869	(1) allow regular or continual monitoring of video
1870	1870	recorded under this section; or
1871	1871	(2) use video recorded under this section for teacher
1872	1872	evaluation or for any other purpose other than the promotion of
1873	1873	safety of students receiving special education services in a
1874	1874	special education [self-contained] classroom or other special
1875	1875	education setting.
1876	1876	(k) The commissioner may adopt rules to implement and
1877	1877	administer this section, including rules regarding the special
1878	1878	education classrooms and other special education settings to which
1879	1879	this section applies.
1880	1880	(l) A school district or open-enrollment charter school
1881	1881	policy relating to the placement, operation, or maintenance of
1882	1882	video cameras under this section must:
1883	1883	(1) include information on how a person may appeal an
1884	1884	action by the district or school that the person believes to be in
1885	1885	violation of this section or a policy adopted in accordance with
1886	1886	this section, including the appeals process under Section 7.057;
1887	1887	(2) require that the district or school provide a
1888	1888	response to a request made under this section not later than the
1889	1889	seventh school business day after receipt of the request by the
1890	1890	person to whom it must be submitted under Subsection (a-3) that
1891	1891	authorizes the request or states the reason for denying the
1892	1892	request;
1893	1893	(3) except as provided by Subdivision (5), require
1894	1894	that a school or a campus begin operation of a video camera in
1895	1895	compliance with this section not later than the 45th school
1896	1896	business day, or the first school day after the 45th school business
1897	1897	day if that day is not a school day, after the request is authorized
1898	1898	unless the agency grants an extension of time;
1899	1899	(4) permit the parent of a student whose admission,
1900	1900	review, and dismissal committee has determined that the student's
1901	1901	placement for the following school year will be in a special
1902	1902	education classroom or other special education setting in which a
1903	1903	video camera may be placed under this section to make a request for
1904	1904	the video camera by the later of:
1905	1905	(A) the date on which the current school year
1906	1906	ends; or
1907	1907	(B) the 10th school business day after the date
1908	1908	of the placement determination by the admission, review, and
1909	1909	dismissal committee; and
1910	1910	(5) if a request is made by a parent in compliance with
1911	1911	Subdivision (4), unless the agency grants an extension of time,
1912	1912	require that a school or campus begin operation of a video camera in
1913	1913	compliance with this section not later than the later of:
1914	1914	(A) the 10th school day of the fall semester; or
1915	1915	(B) the 45th school business day, or the first
1916	1916	school day after the 45th school business day if that day is not a
1917	1917	school day, after the date the request is made.
1918	1918	(s) This section applies to the placement, operation, and
1919	1919	maintenance of a video camera in a special education
1920	1920	[self-contained] classroom or other special education setting
1921	1921	during the regular school year and extended school year services.
1922	1922	(t) A video camera placed under this section is not required
1923	1923	to be in operation for the time during which students are not
1924	1924	present in the special education classroom or other special
1925	1925	education setting.
1926	1926	SECTION 2.07. Sections 29.022(u)(3) and (4), Education
1927	1927	Code, are amended to read as follows:
1928	1928	(3) "Special education classroom or other special
1929	1929	education setting" means a classroom or setting primarily used for
1930	1930	delivering special education services to students who spend on
1931	1931	average less than 50 percent of an instructional day in a general
1932	1932	education classroom or setting ["Self-contained classroom" does
1933	1933	not include a classroom that is a resource room instructional
1934	1934	arrangement under Section 48.102].
1935	1935	(4) "Staff member" means a teacher, related service
1936	1936	provider, paraprofessional, counselor, or educational aide
1937	1937	assigned to work in a special education [self-contained] classroom
1938	1938	or other special education setting.
1939	1939	SECTION 2.08. Section 29.316(c), Education Code, is amended
1940	1940	to read as follows:
1941	1941	(c) Not later than August 31 of each year, the agency, the
1942	1942	division, and the center jointly shall prepare and post on the
1943	1943	agency's, the division's, and the center's respective Internet
1944	1944	websites a report on the language acquisition of children eight
1945	1945	years of age or younger who are deaf or hard of hearing. The report
1946	1946	must:
1947	1947	(1) include:
1948	1948	(A) existing data reported in compliance with
1949	1949	federal law regarding children with disabilities; and
1950	1950	(B) information relating to the language
1951	1951	acquisition of children who are deaf or hard of hearing and also
1952	1952	have other disabilities;
1953	1953	(2) state for each child:
1954	1954	(A) the percentage of the instructional day
1955	1955	[arrangement used with the child, as described by Section 48.102,
1956	1956	including the time] the child spends on average in a general
1957	1957	education setting [mainstream instructional arrangement];
1958	1958	(B) the specific language acquisition services
1959	1959	provided to the child, including:
1960	1960	(i) the time spent providing those
1961	1961	services; and
1962	1962	(ii) a description of any hearing
1963	1963	amplification used in the delivery of those services, including:
1964	1964	(a) the type of hearing amplification
1965	1965	used;
1966	1966	(b) the period of time in which the
1967	1967	child has had access to the hearing amplification; and
1968	1968	(c) the average amount of time the
1969	1969	child uses the hearing amplification each day;
1970	1970	(C) the tools or assessments used to assess the
1971	1971	child's language acquisition and the results obtained;
1972	1972	(D) the preferred unique communication mode used
1973	1973	by the child at home; and
1974	1974	(E) the child's age, race, and gender, the age at
1975	1975	which the child was identified as being deaf or hard of hearing, and
1976	1976	any other relevant demographic information the commissioner
1977	1977	determines to likely be correlated with or have an impact on the
1978	1978	child's language acquisition;
1979	1979	(3) compare progress in English literacy made by
1980	1980	children who are deaf or hard of hearing to progress in that subject
1981	1981	made by children of the same age who are not deaf or hard of hearing,
1982	1982	by appropriate age range; and
1983	1983	(4) be redacted as necessary to comply with state and
1984	1984	federal law regarding the confidentiality of student medical or
1985	1985	educational information.
1986	1986	SECTION 2.09. Section 48.051(a), Education Code, is amended
1987	1987	to read as follows:
1988	1988	(a) For each student in average daily attendance, not
1989	1989	including the time students spend each day in special education
1990	1990	programs in a setting [an instructional arrangement] other than a
1991	1991	general education setting [mainstream] or career and technology
1992	1992	education programs, for which an additional allotment is made under
1993	1993	Subchapter C, a district is entitled to an allotment equal to [the
1994	1994	lesser of $6,160 or] the amount that results from the following
1995	1995	formula:
1996	1996	A = B [$6,160] X TR/MCR
1997	1997	where:
1998	1998	"A" is the allotment to which a district is entitled;
1999	1999	"B" is the base amount, which equals the greater of:
2000	2000	(1) $6,210;
2001	2001	(2) an amount equal to the district's base amount under
2002	2002	this section for the preceding school year; or
2003	2003	(3) the amount appropriated under Subsection (b);
2004	2004	"TR" is the district's tier one maintenance and operations
2005	2005	tax rate, as provided by Section 45.0032; and
2006	2006	"MCR" is the district's maximum compressed tax rate, as
2007	2007	determined under Section 48.2551.
2008	2008	SECTION 2.10. Section 48.102, Education Code, is amended to
2009	2009	read as follows:
2010	2010	Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
2011	2011	average daily attendance in a special education program under
2012	2012	Subchapter A, Chapter 29, [in a mainstream instructional
2013	2013	arrangement,] a school district is entitled to an annual allotment
2014	2014	equal to the basic allotment, or, if applicable, the sum of the
2015	2015	basic allotment and the allotment under Section 48.101 to which the
2016	2016	district is entitled, multiplied by a weight in an amount set by the
2017	2017	legislature in the General Appropriations Act for the highest tier
2018	2018	of intensity of service for which the student qualifies [1.15].
2019	2019	[For each full-time equivalent student in average daily attendance
2020	2020	in a special education program under Subchapter A, Chapter 29, in an
2021	2021	instructional arrangement other than a mainstream instructional
2022	2022	arrangement, a district is entitled to an annual allotment equal to
2023	2023	the basic allotment, or, if applicable, the sum of the basic
2024	2024	allotment and the allotment under Section 48.101 to which the
2025	2025	district is entitled, multiplied by a weight determined according
2026	2026	to instructional arrangement as follows:
2027	2027	[Homebound 5.0
2028	2028	[Hospital class 3.0
2029	2029	[Speech therapy 5.0
2030	2030	[Resource room 3.0
2031	2031	[Self-contained, mild and moderate,
2032	2032	regular campus 3.0
2033	2033	[Self-contained, severe, regular campus 3.0
2034	2034	[Off home campus 2.7
2035	2035	[Nonpublic day school 1.7
2036	2036	[Vocational adjustment class 2.3]
2037	2037	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
2038	2038	2025-2026 school years, the amount of an allotment under this
2039	2039	section shall be determined in accordance with Section 48.1023.
2040	2040	This subsection expires September 1, 2026.
2041	2041	(b) The commissioner by rule shall define seven tiers of
2042	2042	intensity of service for use in determining funding under this
2043	2043	section. The commissioner must include one tier specifically
2044	2044	addressing students receiving special education services in
2045	2045	residential placement [A special instructional arrangement for
2046	2046	students with disabilities residing in care and treatment
2047	2047	facilities, other than state schools, whose parents or guardians do
2048	2048	not reside in the district providing education services shall be
2049	2049	established by commissioner rule. The funding weight for this
2050	2050	arrangement shall be 4.0 for those students who receive their
2051	2051	education service on a local school district campus. A special
2052	2052	instructional arrangement for students with disabilities residing
2053	2053	in state schools shall be established by commissioner rule with a
2054	2054	funding weight of 2.8].
2055	2055	(c) [For funding purposes, the number of contact hours
2056	2056	credited per day for each student in the off home campus
2057	2057	instructional arrangement may not exceed the contact hours credited
2058	2058	per day for the multidistrict class instructional arrangement in
2059	2059	the 1992-1993 school year.
2060	2060	[(d) For funding purposes the contact hours credited per day
2061	2061	for each student in the resource room; self-contained, mild and
2062	2062	moderate; and self-contained, severe, instructional arrangements
2063	2063	may not exceed the average of the statewide total contact hours
2064	2064	credited per day for those three instructional arrangements in the
2065	2065	1992-1993 school year.
2066	2066	[(e) The commissioner by rule shall prescribe the
2067	2067	qualifications an instructional arrangement must meet in order to
2068	2068	be funded as a particular instructional arrangement under this
2069	2069	section. In prescribing the qualifications that a mainstream
2070	2070	instructional arrangement must meet, the commissioner shall
2071	2071	establish requirements that students with disabilities and their
2072	2072	teachers receive the direct, indirect, and support services that
2073	2073	are necessary to enrich the regular classroom and enable student
2074	2074	success.
2075	2075	[(f) In this section, "full-time equivalent student" means
2076	2076	30 hours of contact a week between a special education student and
2077	2077	special education program personnel.
2078	2078	[(g)] The commissioner shall adopt rules and procedures
2079	2079	governing contracts for residential and day program placement of
2080	2080	[special education] students receiving special education services.
2081	2081	(d) [The legislature shall provide by appropriation for the
2082	2082	state's share of the costs of those placements.
2083	2083	[(h)] At least 55 percent of the funds allocated under this
2084	2084	section must be used in the special education program under
2085	2085	Subchapter A, Chapter 29.
2086	2086	(e) [(i)] The agency shall ensure [encourage] the placement
2087	2087	of students in special education programs, including students in
2088	2088	residential placement [instructional arrangements], in the least
2089	2089	restrictive environment appropriate for their educational needs.
2090	2090	(f) [(j)] A school district that provides an extended year
2091	2091	program required by federal law for special education students who
2092	2092	may regress is entitled to receive funds in an amount equal to 75
2093	2093	percent, or a lesser percentage determined by the commissioner, of
2094	2094	the basic allotment, or, if applicable, the sum of the basic
2095	2095	allotment and the allotment under Section 48.101 to which the
2096	2096	district is entitled for each [full-time equivalent] student in
2097	2097	average daily attendance, multiplied by the amount designated for
2098	2098	the highest tier of intensity of service for which the student
2099	2099	qualifies [student's instructional arrangement] under this
2100	2100	section, for each day the program is provided divided by the number
2101	2101	of days in the minimum school year. The total amount of state
2102	2102	funding for extended year services under this section may not
2103	2103	exceed $10 million per year. A school district may use funds
2104	2104	received under this section only in providing an extended year
2105	2105	program.
2106	2106	(g) [(k)] From the total amount of funds appropriated for
2107	2107	special education under this section, the commissioner shall
2108	2108	withhold an amount specified in the General Appropriations Act, and
2109	2109	distribute that amount to school districts for programs under
2110	2110	Section 29.014. The program established under that section is
2111	2111	required only in school districts in which the program is financed
2112	2112	by funds distributed under this subsection and any other funds
2113	2113	available for the program. After deducting the amount withheld
2114	2114	under this subsection from the total amount appropriated for
2115	2115	special education, the commissioner shall reduce each district's
2116	2116	allotment proportionately and shall allocate funds to each district
2117	2117	accordingly.
2118	2118	(h) Not later than December 1 of each even-numbered year,
2119	2119	the commissioner shall submit to the Legislative Budget Board, for
2120	2120	purposes of the allotment under this section, proposed weights for
2121	2121	the tiers of intensity of service for the next state fiscal
2122	2122	biennium.
2123	2123	SECTION 2.11. Subchapter C, Chapter 48, Education Code, is
2124	2124	amended by adding Sections 48.1021 and 48.1023 to read as follows:
2125	2125	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
2126	2126	(a) For each six-week period in which a student in a special
2127	2127	education program under Subchapter A, Chapter 29, receives eligible
2128	2128	special education services, a school district is entitled to an
2129	2129	allotment in an amount set by the legislature in the General
2130	2130	Appropriations Act for the service group for which the student is
2131	2131	eligible.
2132	2132	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
2133	2133	2025-2026 school years, the amount of an allotment under this
2134	2134	section shall be determined in accordance with Section 48.1023.
2135	2135	This subsection expires September 1, 2026.
2136	2136	(b) The commissioner by rule shall establish four service
2137	2137	groups for use in determining funding under this section. In
2138	2138	establishing the groups, the commissioner must consider the level
2139	2139	of services, equipment, and technology required to meet the needs
2140	2140	of students receiving special education services.
2141	2141	(c) A school district is entitled to receive an allotment
2142	2142	under this section for each service group for which a student is
2143	2143	eligible.
2144	2144	(d) A school district is entitled to the full amount of an
2145	2145	allotment under this section for a student receiving eligible
2146	2146	special education services during any part of a six-week period.
2147	2147	(e) At least 55 percent of the funds allocated under this
2148	2148	section must be used for a special education program under
2149	2149	Subchapter A, Chapter 29.
2150	2150	(f) Not later than December 1 of each even-numbered year,
2151	2151	the commissioner shall submit to the Legislative Budget Board, for
2152	2152	purposes of the allotment under this section, proposed amounts of
2153	2153	funding for the service groups for the next state fiscal biennium.
2154	2154	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
2155	2155	For the 2024-2025 and 2025-2026 school years, the commissioner may
2156	2156	adjust weights or amounts provided under Section 48.102 or 48.1021
2157	2157	as necessary to ensure compliance with requirements regarding
2158	2158	maintenance of state financial support under 20 U.S.C. Section
2159	2159	1412(a)(18) and maintenance of local financial support under
2160	2160	applicable federal law.
2161	2161	(b) For the 2024-2025 and 2025-2026 school years, the
2162	2162	commissioner shall determine the formulas through which school
2163	2163	districts receive funding under Sections 48.102 and 48.1021. In
2164	2164	determining the formulas, the commissioner may combine the methods
2165	2165	of funding under those sections with the method of funding provided
2166	2166	by Section 48.102, as it existed on January 1, 2023.
2167	2167	(c) For the 2026-2027 school year, the commissioner may
2168	2168	adjust the weights or amounts set by the legislature in the General
2169	2169	Appropriations Act for purposes of Section 48.102 or 48.1021.
2170	2170	Before making an adjustment under this subsection, the commissioner
2171	2171	shall notify and must receive approval from the Legislative Budget
2172	2172	Board.
2173	2173	(d) Notwithstanding any other provision of this section,
2174	2174	the sum of funding provided under Sections 48.102 and 48.1021 for
2175	2175	the 2024-2025 or for the 2025-2026 school year as adjusted under
2176	2176	this section may not exceed the sum of:
2177	2177	(1) funding that would have been provided under
2178	2178	Section 48.102, as it existed on January 1, 2023; and
2179	2179	(2) the amount set by the legislature in the General
2180	2180	Appropriations Act.
2181	2181	(e) Each school district and open-enrollment charter school
2182	2182	shall report to the agency information necessary to implement this
2183	2183	section.
2184	2184	(f) The agency shall provide technical assistance to school
2185	2185	districts and open-enrollment charter schools to ensure a
2186	2186	successful transition in funding formulas for special education.
2187	2187	(g) This section expires September 1, 2028.
2188	2188	SECTION 2.12. Section 48.103(c), Education Code, is amended
2189	2189	to read as follows:
2190	2190	(c) A school district may receive funding for a student
2191	2191	under each provision of this section, [and] Section 48.102, and
2192	2192	Section 48.1021 for which [if] the student qualifies [satisfies the
2193	2193	requirements of both sections].
2194	2194	SECTION 2.13. Sections 48.104(a), (d), and (e), Education
2195	2195	Code, are amended to read as follows:
2196	2196	(a) For each student who does not have a disability and
2197	2197	resides in a residential placement facility in a district in which
2198	2198	the student's parent or legal guardian does not reside, a district
2199	2199	is entitled to an annual allotment equal to the basic allotment
2200	2200	multiplied by 0.2 or, if the student is educationally
2201	2201	disadvantaged, 0.28 [0.275]. For each full-time equivalent student
2202	2202	who is in a remedial and support program under Section 29.081
2203	2203	because the student is pregnant, a district is entitled to an annual
2204	2204	allotment equal to the basic allotment multiplied by 2.41.
2205	2205	(d) The weights assigned to the five tiers of the index
2206	2206	established under Subsection (c) are, from least to most severe
2207	2207	economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255
2208	2208	[0.25], 0.2675 [0.2625], and 0.28 [0.275].
2209	2209	(e) If insufficient data is available for any school year to
2210	2210	evaluate the level of economic disadvantage in a census block
2211	2211	group, a school district is entitled to an annual allotment equal to
2212	2212	the basic allotment multiplied by 0.23 [0.225] for each student who
2213	2213	is educationally disadvantaged and resides in that census block
2214	2214	group.
2215	2215	SECTION 2.14. Section 48.108(a), Education Code, is amended
2216	2216	to read as follows:
2217	2217	(a) For each student in average daily attendance in
2218	2218	prekindergarten [kindergarten] through third grade, a school
2219	2219	district is entitled to an annual allotment equal to the basic
2220	2220	allotment multiplied by 0.1 if the student is:
2221	2221	(1) educationally disadvantaged; or
2222	2222	(2) an emergent bilingual student, as defined by
2223	2223	Section 29.052, and is in a bilingual education or special language
2224	2224	program under Subchapter B, Chapter 29.
2225	2225	SECTION 2.15. Section 48.279(e), Education Code, is
2226	2226	amended to read as follows:
2227	2227	(e) After the commissioner has replaced any withheld
2228	2228	federal funds as provided by Subsection (d), the commissioner shall
2229	2229	distribute the remaining amount, if any, of funds described by
2230	2230	Subsection (a) to proportionately increase funding for the special
2231	2231	education allotment under Section 48.102 and the special education
2232	2232	service group allotment under Section 48.1021.
2233	2233	SECTION 2.16. This article takes effect September 1, 2024.
2234	2234	ARTICLE 3. EDUCATION SAVINGS ACCOUNT PROGRAM
2235	2235	SECTION 3.01. The purpose of this article is to:
2236	2236	(1) provide additional educational options to assist
2237	2237	families in this state in exercising the right to direct the
2238	2238	educational needs of their children; and
2239	2239	(2) achieve a general diffusion of knowledge.
2240	2240	SECTION 3.02. Chapter 29, Education Code, is amended by
2241	2241	adding Subchapter J to read as follows:
2242	2242	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
2243	2243	Sec. 29.351. DEFINITIONS. In this subchapter:
2244	2244	(1) "Account" means an education savings account
2245	2245	established under the program.
2246	2246	(2) "Certified educational assistance organization"
2247	2247	means an organization certified under Section 29.354 to support the
2248	2248	administration of the program.
2249	2249	(3) "Child with a disability" means a child who is
2250	2250	eligible to participate in a school district's special education
2251	2251	program under Section 29.003.
2252	2252	(4) "Higher education provider" means an institution
2253	2253	of higher education or a private or independent institution of
2254	2254	higher education, as those terms are defined by Section 61.003.
2255	2255	(5) "Parent" means a resident of this state who is a
2256	2256	natural or adoptive parent, managing or possessory conservator,
2257	2257	legal guardian, custodian, or other person with legal authority to
2258	2258	act on behalf of a child.
2259	2259	(6) "Program" means the program established under this
2260	2260	subchapter.
2261	2261	(7) "Program participant" means a child and a parent
2262	2262	of a child enrolled in the program.
2263	2263	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
2264	2264	shall establish a program to provide funding for approved
2265	2265	education-related expenses of children participating in the
2266	2266	program.
2267	2267	Sec. 29.353. PROGRAM FUND. (a) The program fund is an
2268	2268	account in the general revenue fund to be administered by the
2269	2269	comptroller.
2270	2270	(b) The fund is composed of:
2271	2271	(1) general revenue transferred to the fund;
2272	2272	(2) money appropriated to the fund;
2273	2273	(3) gifts, grants, and donations received under
2274	2274	Section 29.370; and
2275	2275	(4) any other money available for purposes of the
2276	2276	program.
2277	2277	(c) Money in the fund may be appropriated only for the uses
2278	2278	specified by this subchapter.
2279	2279	Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
2280	2280	ORGANIZATIONS. (a) An organization may apply to the comptroller
2281	2281	for certification as a certified educational assistance
2282	2282	organization during an application period established by the
2283	2283	comptroller.
2284	2284	(b) To be eligible for certification, an organization must:
2285	2285	(1) have the ability to perform the duties and
2286	2286	functions required of a certified educational assistance
2287	2287	organization under this subchapter;
2288	2288	(2) be in good standing with the state; and
2289	2289	(3) be able to assist the comptroller in administering
2290	2290	the program, including the ability to:
2291	2291	(A) accept, process, and track applications for
2292	2292	the program;
2293	2293	(B) assist prospective applicants, applicants,
2294	2294	and program participants with finding preapproved education
2295	2295	service providers and vendors of educational products;
2296	2296	(C) accept and process payments for approved
2297	2297	education-related expenses; and
2298	2298	(D) verify that program funding is used only for
2299	2299	approved education-related expenses.
2300	2300	(c) The comptroller may certify not more than five
2301	2301	educational assistance organizations to support the administration
2302	2302	of the program, including by:
2303	2303	(1) administering:
2304	2304	(A) the application process under Section
2305	2305	29.356; and
2306	2306	(B) the program expenditures process under
2307	2307	Section 29.360; and
2308	2308	(2) assisting prospective applicants, applicants, and
2309	2309	program participants with understanding approved education-related
2310	2310	expenses and finding preapproved education service providers and
2311	2311	vendors of educational products.
2312	2312	Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
2313	2313	participate in the program and may, subject to available funding
2314	2314	and the requirements of this subchapter, initially enroll in the
2315	2315	program for the school year following the school year in which the
2316	2316	child's application is submitted under Section 29.356 if the child:
2317	2317	(1) is eligible to:
2318	2318	(A) attend a public school under Section 25.001;
2319	2319	or
2320	2320	(B) enroll in a public school's prekindergarten
2321	2321	program under Section 29.153; and
2322	2322	(2) either:
2323	2323	(A) attended any public school in this state for
2324	2324	at least 90 percent of the school year preceding the school year for
2325	2325	which the child applies to enroll in the program; or
2326	2326	(B) is enrolling in prekindergarten or
2327	2327	kindergarten for the first time, including a child who was
2328	2328	homeschooled before enrollment.
2329	2329	(a-1) Notwithstanding Subsection (a) and subject to Section
2330	2330	29.356(b-1), a child is eligible to participate in the program if
2331	2331	the child:
2332	2332	(1) meets the qualifications under Subsection (a)(1);
2333	2333	(2) attended private school on a full-time basis for
2334	2334	the preceding school year; and
2335	2335	(3) is a member of a household with a total annual
2336	2336	income that is at or below 200 percent of the federal poverty
2337	2337	guidelines.
2338	2338	(b) A child who establishes eligibility under this section
2339	2339	may, subject to available funding and the requirements of this
2340	2340	subchapter, participate in the program until the earliest of the
2341	2341	following dates:
2342	2342	(1) the date on which the child graduates from high
2343	2343	school;
2344	2344	(2) the date on which the child is no longer eligible
2345	2345	to attend a public school under Section 25.001;
2346	2346	(3) the date on which the child enrolls in a public
2347	2347	school, including an open-enrollment charter school, in a manner in
2348	2348	which the child will be counted toward the school's average daily
2349	2349	attendance for purposes of the allocation of funding under the
2350	2350	foundation school program; or
2351	2351	(4) the date on which the child is declared ineligible
2352	2352	for the program by the comptroller under this subchapter.
2353	2353	(c) Notwithstanding Subsection (a) or (b), a child is not
2354	2354	eligible to participate in the program during the period in which
2355	2355	the child's parent or legal guardian is a state representative or
2356	2356	state senator.
2357	2357	Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
2358	2358	eligible child may apply to a certified educational assistance
2359	2359	organization to enroll the child in the program for the following
2360	2360	school year. The comptroller shall establish quarterly deadlines
2361	2361	by which an applicant must complete and submit an application form
2362	2362	to participate in the program.
2363	2363	(b) On receipt of more acceptable applications during an
2364	2364	application period for admission under this section than available
2365	2365	positions in the program due to insufficient funding, a certified
2366	2366	educational assistance organization shall, at the direction of the
2367	2367	comptroller:
2368	2368	(1) for not more than two-thirds of the available
2369	2369	positions, prioritize applicants who would otherwise attend a
2370	2370	campus with an overall performance rating under Section 39.054 of
2371	2371	C, D, or F;
2372	2372	(2) fill the remaining available positions with
2373	2373	applicants who would otherwise attend a campus with an overall
2374	2374	performance rating under Section 39.054 of A or B; and
2375	2375	(3) subject to Subdivisions (1) and (2), consider
2376	2376	applications in the order received.
2377	2377	(b-1) This subsection applies only to children who are
2378	2378	eligible to participate in the program under Section 29.355(a-1).
2379	2379	Not more than 10 percent of available positions in the program may
2380	2380	be provided to children to whom this subsection applies. Each year,
2381	2381	the comptroller shall notify each certified educational assistance
2382	2382	organization regarding the number of children to whom this
2383	2383	subsection applies that the organization may accept for
2384	2384	participation in the program for that year. In accepting children
2385	2385	to whom this subsection applies to participate in the program, a
2386	2386	certified educational assistance organization shall ensure, to the
2387	2387	extent feasible, that the organization accepts an equivalent number
2388	2388	of children from each region of this state.
2389	2389	(c) The comptroller shall create an application form for the
2390	2390	program and each certified educational assistance organization
2391	2391	shall make the application form readily available through various
2392	2392	sources, including the organization's Internet website. The
2393	2393	application form must state the quarterly application deadlines
2394	2394	established by the comptroller under Subsection (a). Each
2395	2395	organization shall ensure that the application form, including any
2396	2396	required supporting document, is capable of being submitted to the
2397	2397	organization electronically.
2398	2398	(d) A certified educational assistance organization shall
2399	2399	post on the organization's Internet website an applicant and
2400	2400	participant handbook with a description of the program, including:
2401	2401	(1) expenses allowed under the program under Section
2402	2402	29.359;
2403	2403	(2) a list of preapproved education service providers
2404	2404	and vendors of educational products under Section 29.358;
2405	2405	(3) a description of the application process under
2406	2406	this section and the program expenditures process under Section
2407	2407	29.360; and
2408	2408	(4) a description of the responsibilities of program
2409	2409	participants.
2410	2410	(e) A certified educational assistance organization shall
2411	2411	annually provide to the parent of each child participating in the
2412	2412	program the information described by Subsection (d). The
2413	2413	organization may provide the information electronically.
2414	2414	(f) A certified educational assistance organization:
2415	2415	(1) may require the parent of a child participating in
2416	2416	the program to submit annual notice regarding the parent's intent
2417	2417	for the child to continue participating in the program for the next
2418	2418	school year; and
2419	2419	(2) may not require a program participant in good
2420	2420	standing to annually resubmit an application for continued
2421	2421	participation in the program.
2422	2422	Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
2423	2423	under the program, a parent of a child participating in the program
2424	2424	must agree to:
2425	2425	(1) spend money received through the program only for
2426	2426	expenses allowed under Section 29.359;
2427	2427	(2) share or authorize the administrator of an
2428	2428	assessment instrument to share with the program participant's
2429	2429	certified educational assistance organization the results of any
2430	2430	assessment instrument required to be administered to the child
2431	2431	under Section 29.358(b)(1)(B) or other law;
2432	2432	(3) refrain from selling an item purchased with
2433	2433	program money; and
2434	2434	(4) notify the program participant's certified
2435	2435	educational assistance organization not later than 30 business days
2436	2436	after the date on which the child:
2437	2437	(A) enrolls in a public school, including an
2438	2438	open-enrollment charter school;
2439	2439	(B) graduates from high school; or
2440	2440	(C) is no longer eligible to either:
2441	2441	(i) enroll in a public school under Section
2442	2442	25.001; or
2443	2443	(ii) enroll in a public school's
2444	2444	prekindergarten program under Section 29.153.
2445	2445	Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller
2446	2446	shall by rule establish a process for the preapproval of education
2447	2447	service providers and vendors of educational products for
2448	2448	participation in the program. The comptroller shall allow for the
2449	2449	submission of applications on a rolling basis.
2450	2450	(b) The comptroller shall approve an education service
2451	2451	provider or vendor of educational products for participation in the
2452	2452	program if the provider or vendor:
2453	2453	(1) for a private school, demonstrates:
2454	2454	(A) accreditation by an organization recognized
2455	2455	by:
2456	2456	(i) the Texas Private School Accreditation
2457	2457	Commission; or
2458	2458	(ii) the agency; and
2459	2459	(B) annual administration of a nationally
2460	2460	norm-referenced assessment instrument or the appropriate
2461	2461	assessment instrument required under Subchapter B, Chapter 39;
2462	2462	(2) for a public school, demonstrates:
2463	2463	(A) accreditation by the agency; and
2464	2464	(B) the ability to provide services or products
2465	2465	to children participating in the program in a manner in which the
2466	2466	children are not counted toward the school's average daily
2467	2467	attendance;
2468	2468	(3) for a private tutor, therapist, or teaching
2469	2469	service:
2470	2470	(A) demonstrates that the tutor or therapist or
2471	2471	each employee of the teaching service who intends to provide
2472	2472	educational services to a child participating in the program:
2473	2473	(i) is an educator employed by or a retired
2474	2474	educator formerly employed by a school accredited by the agency, an
2475	2475	organization recognized by the agency, or an organization
2476	2476	recognized by the Texas Private School Accreditation Commission;
2477	2477	(ii) holds a relevant license or
2478	2478	accreditation issued by a state, regional, or national
2479	2479	certification or accreditation organization; or
2480	2480	(iii) is employed in or retired from a
2481	2481	teaching or tutoring capacity at a higher education provider;
2482	2482	(B) the tutor or therapist or each employee of
2483	2483	the teaching service who intends to provide educational services to
2484	2484	a child participating in the program either:
2485	2485	(i) completes a national criminal history
2486	2486	record information review; or
2487	2487	(ii) provides to the comptroller
2488	2488	documentation indicating that the tutor, therapist, or employee, as
2489	2489	applicable, has completed a national criminal history record
2490	2490	information review within a period established by comptroller rule;
2491	2491	and
2492	2492	(C) the tutor or therapist or each employee of
2493	2493	the teaching service who intends to provide educational services to
2494	2494	a child participating in the program is not included in the registry
2495	2495	under Section 22.092; or
2496	2496	(4) for a higher education provider, demonstrates
2497	2497	nationally recognized postsecondary accreditation.
2498	2498	(c) The comptroller shall review the national criminal
2499	2499	history record information or documentation for each private tutor,
2500	2500	therapist, or teaching service employee who submits information or
2501	2501	documentation under this section and verify that the individual is
2502	2502	not included in the registry under Section 22.092. The tutor,
2503	2503	therapist, or service must provide the comptroller with any
2504	2504	information requested by the comptroller to enable the comptroller
2505	2505	to complete the review.
2506	2506	(d) An education service provider or vendor of educational
2507	2507	products shall provide information requested by the comptroller to
2508	2508	verify the provider's or vendor's eligibility for preapproval under
2509	2509	Subsection (b). The comptroller may not approve a provider or
2510	2510	vendor if the comptroller cannot verify the provider's or vendor's
2511	2511	eligibility for preapproval.
2512	2512	(e) An education service provider or vendor of educational
2513	2513	products that no longer satisfies the requirements of this section
2514	2514	must notify the comptroller not later than the 30th business day
2515	2515	after the date that the provider or vendor no longer meets the
2516	2516	requirements.
2517	2517	(f) This section may not be construed to allow a learning
2518	2518	pod, as defined by Section 27.001, or a home school to qualify as an
2519	2519	approved education service provider or vendor of educational
2520	2520	products.
2521	2521	Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
2522	2522	Subject to Subsection (b), money received under the program may be
2523	2523	used only for the following education-related expenses incurred by
2524	2524	a child participating in the program at a preapproved education
2525	2525	service provider or vendor of educational products:
2526	2526	(1) tuition and fees for a private school;
2527	2527	(2) the purchase of textbooks or other instructional
2528	2528	materials or uniforms required by a school, higher education
2529	2529	provider, or course in which the child is enrolled, including
2530	2530	purchases made through a third-party vendor of educational
2531	2531	products;
2532	2532	(3) costs related to academic assessments;
2533	2533	(4) fees for services provided by a private tutor or
2534	2534	teaching service;
2535	2535	(5) fees for transportation provided by a
2536	2536	fee-for-service transportation provider for the child to travel to
2537	2537	and from a preapproved education service provider or vendor of
2538	2538	educational products; and
2539	2539	(6) fees for educational therapies or services
2540	2540	provided by a practitioner or provider, only for fees that are not
2541	2541	covered by any federal, state, or local government benefits such as
2542	2542	Medicaid or the Children's Health Insurance Program (CHIP) or by
2543	2543	any private insurance that the child is enrolled in at the time of
2544	2544	receiving the therapies or services.
2545	2545	(b) Money received under the program may not be used to pay
2546	2546	any person who is related to the program participant within the
2547	2547	third degree by consanguinity or affinity, as determined under
2548	2548	Chapter 573, Government Code.
2549	2549	(c) A finding that a program participant used money
2550	2550	distributed under the program to pay for an expense not allowed
2551	2551	under Subsection (a) does not affect the validity of any payment
2552	2552	made by the participant for an approved education-related expense
2553	2553	that is allowed under that subsection.
2554	2554	Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
2555	2555	shall disburse from the program fund to each certified educational
2556	2556	assistance organization the amount specified under Section
2557	2557	29.361(a) for each child participating in the program served by the
2558	2558	organization.
2559	2559	(b) To initiate payment to an education service provider or
2560	2560	vendor of educational products for an education-related expense
2561	2561	approved under Section 29.359, the parent of a child participating
2562	2562	in the program must submit a request in a form prescribed by
2563	2563	comptroller rule to the certified educational assistance
2564	2564	organization that serves the child.
2565	2565	(c) Subject to Subsection (d) and Sections 29.362(h) and
2566	2566	29.364, on receiving a request under Subsection (b), a certified
2567	2567	educational assistance organization shall verify that the request
2568	2568	is for an expense approved under Section 29.359 and, not later than
2569	2569	the 15th business day after the date the organization verifies the
2570	2570	request, send payment to the education service provider or vendor
2571	2571	of educational products.
2572	2572	(d) A disbursement under this section may not exceed the
2573	2573	applicable program participant's account balance.
2574	2574	(e) A certified educational assistance organization shall
2575	2575	provide program participants with electronic access to:
2576	2576	(1) view the participant's current account balance;
2577	2577	(2) initiate the payment process under Subsection (b);
2578	2578	and
2579	2579	(3) view a summary of the participant's past account
2580	2580	activity, including payments from the account to education service
2581	2581	providers and vendors of educational products.
2582	2582	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
2583	2583	of the quarterly deadline by which the parent applies for
2584	2584	enrollment in the program under Section 29.356(a), a parent of a
2585	2585	child participating in the program shall receive each year that the
2586	2586	child participates in the program payments from the state from
2587	2587	funds available under Section 29.353 to the child's account equal
2588	2588	to a total amount of $8,000.
2589	2589	(b) This subsection applies only to a school district with a
2590	2590	student enrollment of less than 20,000. For the first five school
2591	2591	years during which a child residing in the district participates in
2592	2592	the program, a school district to which this subsection applies is
2593	2593	entitled to receive $10,000 from money appropriated for purposes of
2594	2594	this subchapter.
2595	2595	(c) Any money remaining in a child's account at the end of a
2596	2596	fiscal year is carried forward to the next fiscal year unless
2597	2597	another provision of this subchapter mandates the closure of the
2598	2598	account.
2599	2599	(d) The parent of a child participating in the program may
2600	2600	make payments for the expenses of educational programs, services,
2601	2601	and products not covered by money in the child's account.
2602	2602	(e) A payment under Subsection (a) may not be financed using
2603	2603	federal money or money from the available school fund or
2604	2604	instructional materials fund.
2605	2605	(f) Payments received under this subchapter do not
2606	2606	constitute taxable income to a parent of a child participating in
2607	2607	the program, unless otherwise provided by federal law.
2608	2608	(g) Not later than May 1 of each year, the agency shall
2609	2609	submit to the comptroller the data necessary to calculate the
2610	2610	amount specified under Subsection (a).
2611	2611	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt
2612	2612	of money distributed by the comptroller for purposes of making
2613	2613	payments to program participants, a certified educational
2614	2614	assistance organization shall make quarterly payments to the
2615	2615	account of each child participating in the program served by the
2616	2616	organization in equal amounts on or before the first day of July,
2617	2617	October, January, and April.
2618	2618	(b) Each year, the comptroller may deduct from the total
2619	2619	amount of money appropriated for purposes of this subchapter an
2620	2620	amount, not to exceed three percent of that total amount, to cover
2621	2621	the comptroller's cost of administering the program.
2622	2622	(c) Not later than the first day of the month preceding the
2623	2623	start of each quarter, each certified educational assistance
2624	2624	organization shall submit to the comptroller in the form prescribed
2625	2625	by comptroller rule an estimate of the organization's costs of
2626	2626	administering the program for that quarter.
2627	2627	(d) Each quarter, the comptroller shall disburse from money
2628	2628	appropriated for the program to each certified educational
2629	2629	assistance organization the amount necessary to cover the
2630	2630	organization's costs of administering the program for that quarter,
2631	2631	calculated as provided by Subsection (e). The total amount
2632	2632	disbursed to a certified educational assistance organization under
2633	2633	this subsection for a state fiscal year may not exceed five percent
2634	2634	of the amount distributed to the organization under the program for
2635	2635	that fiscal year.
2636	2636	(e) The amount of a certified educational assistance
2637	2637	organization's disbursement under Subsection (d) is the lesser of:
2638	2638	(1) the amount of the organization's estimate
2639	2639	submitted under Subsection (c);
2640	2640	(2) the product of the total amount to be disbursed and
2641	2641	the average percentage of program participants served by the
2642	2642	organization during the preceding quarter; or
2643	2643	(3) five percent of the amount distributed to the
2644	2644	organization for purposes of making payments to program
2645	2645	participants for that quarter.
2646	2646	(f) On or before the first day of October and February, a
2647	2647	certified educational assistance organization shall:
2648	2648	(1) verify with the agency that each child
2649	2649	participating in the program is not enrolled in a public school,
2650	2650	including an open-enrollment charter school, in a manner in which
2651	2651	the child is counted toward the school's average daily attendance
2652	2652	for purposes of the allocation of state funding under the
2653	2653	foundation school program; and
2654	2654	(2) notify the comptroller if the organization
2655	2655	determines that a child participating in the program is enrolled in
2656	2656	a public school, including an open-enrollment charter school, in a
2657	2657	manner in which the child is counted toward the school's average
2658	2658	daily attendance for purposes of the allocation of state funding
2659	2659	under the foundation school program.
2660	2660	(g) The comptroller by rule shall establish a process by
2661	2661	which a program participant may authorize the comptroller or a
2662	2662	certified education assistance organization to make a payment
2663	2663	directly from the participant's account to a preapproved education
2664	2664	service provider or vendor of educational products for an expense
2665	2665	allowed under Section 29.359.
2666	2666	(h) On the date on which a child who participated in the
2667	2667	program is no longer eligible to participate in the program under
2668	2668	Section 29.355 and payments for any education-related expenses
2669	2669	allowed under Section 29.359 from the child's account have been
2670	2670	completed, the child's account shall be closed and any remaining
2671	2671	money returned to the comptroller for deposit in the program fund.
2672	2672	(i) Each quarter, any interest or other earnings
2673	2673	attributable to money held by a certified education assistance
2674	2674	organization for purposes of the program shall be remitted to the
2675	2675	comptroller for deposit in the program fund.
2676	2676	Sec. 29.363. AUDITING. (a) The comptroller shall contract
2677	2677	with a private entity to audit accounts and student eligibility
2678	2678	data not less than once per year to ensure compliance with
2679	2679	applicable law and program requirements. The audit must include a
2680	2680	review of:
2681	2681	(1) a certified educational assistance organization's
2682	2682	internal controls over program transactions; and
2683	2683	(2) compliance by:
2684	2684	(A) program participants with the requirements
2685	2685	of Section 29.357; and
2686	2686	(B) certified educational assistance
2687	2687	organizations with the requirements of Section 29.354.
2688	2688	(b) In conducting an audit, the private entity may require a
2689	2689	program participant or a certified educational assistance
2690	2690	organization to provide information and documentation regarding
2691	2691	any transaction occurring under the program.
2692	2692	(c) The private entity shall report to the comptroller any
2693	2693	violation of this subchapter or other relevant law, including any
2694	2694	transactions the entity determines to be unusual or suspicious,
2695	2695	found by the entity during an audit conducted under this section.
2696	2696	The comptroller shall report the violation or transaction to:
2697	2697	(1) the applicable certified educational assistance
2698	2698	organization;
2699	2699	(2) the education service provider or vendor of
2700	2700	educational products, as applicable; and
2701	2701	(3) the parent of each child participating in the
2702	2702	program who is affected by the violation or transaction.
2703	2703	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
2704	2704	shall suspend the account of a program participant who fails to
2705	2705	remain in good standing by complying with applicable law or a
2706	2706	requirement of the program.
2707	2707	(b) On suspension of an account under Subsection (a), the
2708	2708	comptroller shall notify the program participant in writing that
2709	2709	the account has been suspended and that no additional payments may
2710	2710	be made from the account. The notification must specify the grounds
2711	2711	for the suspension and state that the participant has 30 business
2712	2712	days to respond and take any corrective action required by the
2713	2713	comptroller.
2714	2714	(c) On the expiration of the 30-day period under Subsection
2715	2715	(b), the comptroller shall:
2716	2716	(1) order closure of the suspended account;
2717	2717	(2) order temporary reinstatement of the account,
2718	2718	conditioned on the performance of a specified action by the program
2719	2719	participant; or
2720	2720	(3) order full reinstatement of the account.
2721	2721	(d) The comptroller may recover money distributed under the
2722	2722	program that was used for expenses not allowed under Section 29.359
2723	2723	or for a child who was not eligible to participate in the program at
2724	2724	the time of the expenditure. The money may be recovered from the
2725	2725	program participant or the entity that received the money in
2726	2726	accordance with Subtitles A and B, Title 2, Tax Code, or as provided
2727	2727	by other law if the program participant's account is suspended or
2728	2728	closed under this section. The comptroller shall deposit money
2729	2729	recovered under this subsection to the credit of the program fund.
2730	2730	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
2731	2731	education service provider or vendor of educational products may
2732	2732	not charge a child participating in the program an amount greater
2733	2733	than the standard amount charged for that service or product by the
2734	2734	provider or vendor.
2735	2735	(b) An education service provider or vendor of educational
2736	2736	products receiving money distributed under the program may not in
2737	2737	any manner rebate, refund, or credit to or share with a program
2738	2738	participant, or any person on behalf of a participant, any program
2739	2739	money paid or owed by the participant to the provider or vendor.
2740	2740	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
2741	2741	comptroller obtains evidence of fraudulent use of an account or
2742	2742	money distributed under the program by a certified educational
2743	2743	assistance organization or program participant, the comptroller
2744	2744	shall notify the appropriate local county or district attorney with
2745	2745	jurisdiction over the principal place of business of the certified
2746	2746	educational assistance organization or the residence of the program
2747	2747	participant, as applicable.
2748	2748	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
2749	2749	educational assistance organization shall post on the
2750	2750	organization's Internet website and provide to each parent who
2751	2751	submits an application for the program a notice that:
2752	2752	(1) states that a private school is not subject to
2753	2753	federal and state laws regarding the provision of educational
2754	2754	services to a child with a disability in the same manner as a public
2755	2755	school; and
2756	2756	(2) provides information regarding rights to which a
2757	2757	child with a disability is entitled under federal and state law if
2758	2758	the child attends a public school, including:
2759	2759	(A) rights provided under the Individuals with
2760	2760	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
2761	2761	(B) rights provided under Subchapter A.
2762	2762	(b) A private school in which a child with a disability who
2763	2763	is a program participant enrolls shall provide to the child's
2764	2764	parent a copy of the notice required under Subsection (a).
2765	2765	Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
2766	2766	AUTONOMY. (a) An education service provider or vendor of
2767	2767	educational products that receives money distributed under the
2768	2768	program is not a recipient of federal financial assistance and may
2769	2769	not be considered to be an agent of state government on the basis of
2770	2770	receiving that money.
2771	2771	(b) A rule adopted or other governmental action taken
2772	2772	related to the program may not impose requirements that are
2773	2773	contrary to or limit the religious or institutional values or
2774	2774	practices of an education service provider, vendor of educational
2775	2775	products, or program participant, including by limiting the ability
2776	2776	of the provider, vendor, or participant, as applicable, to:
2777	2777	(1) determine the methods of instruction or curriculum
2778	2778	used to educate students;
2779	2779	(2) determine admissions and enrollment practices,
2780	2780	policies, and standards;
2781	2781	(3) modify or refuse to modify the provider's,
2782	2782	vendor's, or participant's religious or institutional values or
2783	2783	practices, including operations, conduct, policies, standards,
2784	2784	assessments, or employment practices that are based on the
2785	2785	provider's, vendor's, or participant's religious or institutional
2786	2786	values or practices; or
2787	2787	(4) exercise the provider's, vendor's, or
2788	2788	participant's religious or institutional practices as determined
2789	2789	by the provider, vendor, or participant.
2790	2790	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
2791	2791	request by the parent of a child participating or seeking to
2792	2792	participate in the program, the school district or open-enrollment
2793	2793	charter school that the child would otherwise attend shall provide
2794	2794	a copy of the child's school records possessed by the district or
2795	2795	school, if any, to the child's parent or, if applicable, the private
2796	2796	school the child attends.
2797	2797	(b) As necessary to verify a child's eligibility for the
2798	2798	program, the agency, a school district, or an open-enrollment
2799	2799	charter school shall provide to a certified educational assistance
2800	2800	organization any information available to the agency, district, or
2801	2801	school requested by the organization regarding a child who
2802	2802	participates or seeks to participate in the program, including
2803	2803	information regarding the child's public school enrollment status
2804	2804	and whether the child can be counted toward a public school's
2805	2805	average daily attendance for purposes of the allocation of funding
2806	2806	under the foundation school program. The organization may not
2807	2807	retain information provided under this subsection beyond the period
2808	2808	necessary to determine a child's eligibility to participate in the
2809	2809	program.
2810	2810	(c) The certified educational assistance organization or an
2811	2811	education service provider or vendor of educational products that
2812	2812	obtains information regarding a child participating in the program:
2813	2813	(1) shall comply with state and federal law regarding
2814	2814	the confidentiality of student educational information; and
2815	2815	(2) may not sell or otherwise distribute information
2816	2816	regarding a child participating in the program.
2817	2817	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
2818	2818	and a certified educational assistance organization may solicit and
2819	2819	accept gifts, grants, and donations from any public or private
2820	2820	source for any expenses related to the administration of the
2821	2821	program, including establishing the program and contracting for the
2822	2822	report required under Section 29.371.
2823	2823	Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall
2824	2824	require that each certified educational assistance organization
2825	2825	compile program data and produce an annual longitudinal report
2826	2826	regarding:
2827	2827	(1) the number of program applications received,
2828	2828	accepted, and waitlisted, disaggregated by age;
2829	2829	(2) program participant satisfaction;
2830	2830	(3) the results of assessment instruments shared in
2831	2831	accordance with Section 29.357(2);
2832	2832	(4) the effect of the program on public and private
2833	2833	school capacity, availability, and quality;
2834	2834	(5) the amount of cost savings accruing to the state as
2835	2835	a result of the program;
2836	2836	(6) in a report submitted in an even-numbered year
2837	2837	only, an estimate of the total amount of funding required for the
2838	2838	program for the next state fiscal biennium;
2839	2839	(7) the amount of gifts, grants, and donations
2840	2840	received under Section 29.370; and
2841	2841	(8) based on surveys of former program participants or
2842	2842	other sources available to an organization, the number and
2843	2843	percentage of children participating in the program who, within one
2844	2844	year after graduating from high school, are:
2845	2845	(A) college ready, as indicated by earning a
2846	2846	minimum of 12 non-remedial semester credit hours or the equivalent
2847	2847	or an associate degree from a postsecondary educational
2848	2848	institution;
2849	2849	(B) career ready, as indicated by:
2850	2850	(i) earning a credential of value included
2851	2851	in the library of credentials established under Section 2308A.007,
2852	2852	Government Code; or
2853	2853	(ii) employment at or above the median wage
2854	2854	in the child's region; or
2855	2855	(C) military ready, as indicated by achieving a
2856	2856	passing score set by the applicable military branch on the Armed
2857	2857	Services Vocational Aptitude Battery and enlisting in the armed
2858	2858	forces of the United States or the Texas National Guard.
2859	2859	(b) In producing the report, each certified educational
2860	2860	assistance organization shall:
2861	2861	(1) use appropriate analytical and behavioral science
2862	2862	methodologies to ensure public confidence in the report; and
2863	2863	(2) comply with the requirements regarding the
2864	2864	confidentiality of student educational information under the
2865	2865	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
2866	2866	Section 1232g).
2867	2867	(c) The report must cover a period of not less than five
2868	2868	years and include, subject to Subsection (b)(2), the data analyzed
2869	2869	and methodology used.
2870	2870	(d) The comptroller and each certified educational
2871	2871	assistance organization shall post the report on the comptroller's
2872	2872	and organization's respective Internet websites.
2873	2873	Sec. 29.372. RULES; PROCEDURES. The comptroller shall
2874	2874	adopt rules and procedures as necessary to implement, administer,
2875	2875	and enforce this subchapter.
2876	2876	Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program
2877	2877	participant may appeal to the comptroller an administrative
2878	2878	decision made by the comptroller or a certified educational
2879	2879	assistance organization under this subchapter, including a
2880	2880	decision regarding eligibility, allowable expenses, or the
2881	2881	participant's removal from the program.
2882	2882	(b) A program participant, education service provider, or
2883	2883	vendor of educational products who is adversely affected or
2884	2884	aggrieved by a decision made by the comptroller or a certified
2885	2885	educational assistance organization under this subchapter may file
2886	2886	a suit challenging the decision in a district court in the county in
2887	2887	which the program participant resides or the provider or vendor has
2888	2888	its principal place of business, as applicable.
2889	2889	Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A
2890	2890	program participant, education service provider, or vendor of
2891	2891	educational products may intervene in any civil action challenging
2892	2892	the constitutionality of the program.
2893	2893	(b) A court in which a civil action described by Subsection
2894	2894	(a) is filed may require that all program participants, education
2895	2895	service providers, and vendors of educational products wishing to
2896	2896	intervene in the action file a joint brief. A program participant,
2897	2897	education service provider, or vendor of educational products may
2898	2898	not be required to join a brief filed on behalf of the state or a
2899	2899	state agency.
2900	2900	SECTION 3.03. Section 22.092(d), Education Code, is amended
2901	2901	to read as follows:
2902	2902	(d) The agency shall provide equivalent access to the
2903	2903	registry maintained under this section to:
2904	2904	(1) private schools;
2905	2905	(2) public schools; [and]
2906	2906	(3) nonprofit teacher organizations approved by the
2907	2907	commissioner for the purpose of participating in the tutoring
2908	2908	program established under Section 33.913; and
2909	2909	(4) the comptroller for the purpose of preapproving
2910	2910	education service providers and vendors of educational products
2911	2911	under Section 29.358 for participation in the program established
2912	2912	under Subchapter J, Chapter 29.
2913	2913	SECTION 3.04. Section 411.109, Government Code, is amended
2914	2914	by adding Subsection (c) to read as follows:
2915	2915	(c) The comptroller is entitled to obtain criminal history
2916	2916	record information maintained by the department about a person who
2917	2917	is a private tutor, a therapist, or an employee of a teaching
2918	2918	service or school who intends to provide educational services to a
2919	2919	child participating in the program established under Subchapter J,
2920	2920	Chapter 29, Education Code, and is seeking approval to receive
2921	2921	money distributed under that program.
2922	2922	SECTION 3.05. Subchapter J, Chapter 29, Education Code, as
2923	2923	added by this article, applies beginning with the 2024-2025 school
2924	2924	year.
2925	2925	SECTION 3.06. (a) Not later than February 15, 2024, the
2926	2926	comptroller of public accounts shall adopt rules as provided by
2927	2927	Section 29.372, Education Code, as added by this article.
2928	2928	(b) The comptroller of public accounts may identify rules
2929	2929	required by the passage of Subchapter J, Chapter 29, Education
2930	2930	Code, as added by this article, that must be adopted on an emergency
2931	2931	basis for purposes of the 2024-2025 school year and may use the
2932	2932	procedures established under Section 2001.034, Government Code,
2933	2933	for adopting those rules. The comptroller of public accounts is not
2934	2934	required to make the finding described by Section 2001.034(a),
2935	2935	Government Code, to adopt emergency rules under this subsection.
2936	2936	SECTION 3.07. (a) The constitutionality and other validity
2937	2937	under the state or federal constitution of all or any part of
2938	2938	Subchapter J, Chapter 29, Education Code, as added by this article,
2939	2939	may be determined in an action for declaratory judgment under
2940	2940	Chapter 37, Civil Practice and Remedies Code, in a district court in
2941	2941	the county in which the violation is alleged to have occurred or
2942	2942	where the plaintiff resides or has its principal place of business.
2943	2943	(b) An order, however characterized, of a trial court
2944	2944	granting or denying a temporary or otherwise interlocutory
2945	2945	injunction or a permanent injunction on the grounds of the
2946	2946	constitutionality or unconstitutionality, or other validity or
2947	2947	invalidity, under the state or federal constitution of all or any
2948	2948	part of Subchapter J, Chapter 29, Education Code, as added by this
2949	2949	article, may be reviewed only by direct appeal to the Texas Supreme
2950	2950	Court filed not later than the 15th business day after the date on
2951	2951	which the order was entered. The Texas Supreme Court shall give
2952	2952	precedence to appeals under this section over other matters.
2953	2953	(c) The direct appeal is an accelerated appeal.
2954	2954	(d) This section exercises the authority granted by Section
2955	2955	3-b, Article V, Texas Constitution.
2956	2956	(e) The filing of a direct appeal under this section will
2957	2957	automatically stay any temporary or otherwise interlocutory
2958	2958	injunction or permanent injunction granted in accordance with this
2959	2959	section pending final determination by the Texas Supreme Court,
2960	2960	unless the supreme court makes specific findings that the applicant
2961	2961	seeking such injunctive relief has pleaded and proved that:
2962	2962	(1) the applicant has a probable right to the relief it
2963	2963	seeks on final hearing;
2964	2964	(2) the applicant will suffer a probable injury that
2965	2965	is imminent and irreparable, and that the applicant has no other
2966	2966	adequate legal remedy; and
2967	2967	(3) maintaining the injunction is in the public
2968	2968	interest.
2969	2969	(f) An appeal under this section, including an
2970	2970	interlocutory, accelerated, or direct appeal, is governed, as
2971	2971	applicable, by the Texas Rules of Appellate Procedure, including
2972	2972	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
2973	2973	40.1(b), and 49.4.
2974	2974	(g) This section does not authorize an award of attorney's
2975	2975	fees against this state, and Section 37.009, Civil Practice and
2976	2976	Remedies Code, does not apply to an action filed under this section.
2977	2977	(h) This section does not authorize a taxpayer suit to
2978	2978	contest the denial of a tax credit by the comptroller of public
2979	2979	accounts.
2980	2980	SECTION 3.08. It is the intent of the legislature that every
2981	2981	provision, section, subsection, sentence, clause, phrase, or word
2982	2982	in this article, and every application of the provisions in this
2983	2983	article to each person or entity, is severable from each other. If
2984	2984	any application of any provision in this article to any person,
2985	2985	group of persons, or circumstances is found by a court to be invalid
2986	2986	for any reason, the remaining applications of that provision to all
2987	2987	other persons and circumstances shall be severed and may not be
2988	2988	affected.
2989	2989	SECTION 3.09. This article takes effect September 1, 2023.
2990	2990	ARTICLE 4. SPECIAL EDUCATION
2991	2991	SECTION 4.01. Section 29.001, Education Code, is amended to
2992	2992	read as follows:
2993	2993	Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
2994	2994	LAW [STATEWIDE PLAN]. (a) As the state education agency
2995	2995	responsible for carrying out the purposes of Part B, Individuals
2996	2996	with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et
2997	2997	seq.), the [The] agency shall develop, and revise [modify] as
2998	2998	necessary, a comprehensive system to ensure statewide and local
2999	2999	compliance [design, consistent] with federal and state law related
3000	3000	to special education[, for the delivery of services to children
3001	3001	with disabilities in this state that includes rules for the
3002	3002	administration and funding of the special education program so that
3003	3003	a free appropriate public education is available to all of those
3004	3004	children between the ages of three and 21].
3005	3005	(b) The comprehensive system [statewide design] shall
3006	3006	include the provision of services primarily through school
3007	3007	districts and shared services arrangements, supplemented by
3008	3008	regional education service centers.
3009	3009	(c) The comprehensive system [agency] shall focus on
3010	3010	maximizing student outcomes and include [also develop and implement
3011	3011	a statewide plan with programmatic content that includes procedures
3012	3012	designed to]:
3013	3013	(1) rulemaking, technical assistance, guidance
3014	3014	documents, monitoring protocols, and other resources as necessary
3015	3015	to implement and ensure compliance with federal and state law
3016	3016	related to special education [ensure state compliance with
3017	3017	requirements for supplemental federal funding for all
3018	3018	state-administered programs involving the delivery of
3019	3019	instructional or related services to students with disabilities];
3020	3020	(2) the facilitation of [facilitate] interagency
3021	3021	coordination when other state agencies are involved in the delivery
3022	3022	of instructional or related services to students with disabilities;
3023	3023	(3) the pursuit of [periodically assess statewide
3024	3024	personnel needs in all areas of specialization related to special
3025	3025	education and pursue] strategies to meet statewide special
3026	3026	education and related services personnel [those] needs [through a
3027	3027	consortium of representatives from regional education service
3028	3028	centers, local education agencies, and institutions of higher
3029	3029	education and through other available alternatives];
3030	3030	(4) ensuring [ensure] that regional education service
3031	3031	centers throughout the state maintain a regional support function,
3032	3032	which may include direct service delivery and a component designed
3033	3033	to facilitate the placement of students with disabilities who
3034	3034	cannot be appropriately served in their resident districts;
3035	3035	(5) [allow the agency to] effectively monitoring
3036	3036	[monitor] and periodically conducting [conduct] site visits of all
3037	3037	school districts to ensure that rules adopted under this subchapter
3038	3038	[section] are applied in a consistent and uniform manner, to ensure
3039	3039	that districts are complying with those rules, and to ensure that
3040	3040	annual statistical reports filed by the districts and not otherwise
3041	3041	available through the Public Education Information Management
3042	3042	System under Sections 48.008 and 48.009 are accurate and complete;
3043	3043	and
3044	3044	(6) the provision of training and technical assistance
3045	3045	to ensure that:
3046	3046	(A) appropriately trained personnel are involved
3047	3047	in the diagnostic and evaluative procedures operating in all
3048	3048	districts and that those personnel routinely serve on district
3049	3049	admissions, review, and dismissal committees;
3050	3050	(B) [(7) ensure that] an individualized
3051	3051	education program for each student with a disability is properly
3052	3052	developed, implemented, and maintained in the least restrictive
3053	3053	environment that is appropriate to meet the student's educational
3054	3054	needs;
3055	3055	(C) [(8) ensure that,] when appropriate, each
3056	3056	student with a disability is provided an opportunity to participate
3057	3057	in career and technology and physical education classes[, in
3058	3058	addition to participating in regular or special classes];
3059	3059	(D) [(9) ensure that] each student with a
3060	3060	disability is provided necessary related services;
3061	3061	(E) [(10) ensure that] an individual assigned
3062	3062	to act as a surrogate parent for a child with a disability, as
3063	3063	provided by 20 U.S.C. Section 1415(b), is required to:
3064	3064	(i) [(A)] complete a training program that
3065	3065	complies with minimum standards established by agency rule;
3066	3066	(ii) [(B)] visit the child and the child's
3067	3067	school;
3068	3068	(iii) [(C)] consult with persons involved
3069	3069	in the child's education, including teachers, caseworkers,
3070	3070	court-appointed volunteers, guardians ad litem, attorneys ad
3071	3071	litem, foster parents, and caretakers;
3072	3072	(iv) [(D)] review the child's educational
3073	3073	records;
3074	3074	(v) [(E)] attend meetings of the child's
3075	3075	admission, review, and dismissal committee;
3076	3076	(vi) [(F)] exercise independent judgment
3077	3077	in pursuing the child's interests; and
3078	3078	(vii) [(G)] exercise the child's due
3079	3079	process rights under applicable state and federal law; and
3080	3080	(F) [(11) ensure that] each district develops a
3081	3081	process to be used by a teacher who instructs a student with a
3082	3082	disability in a regular classroom setting:
3083	3083	(i) [(A)] to request a review of the
3084	3084	student's individualized education program;
3085	3085	(ii) [(B)] to provide input in the
3086	3086	development of the student's individualized education program;
3087	3087	(iii) [(C)] that provides for a timely
3088	3088	district response to the teacher's request; and
3089	3089	(iv) [(D)] that provides for notification
3090	3090	to the student's parent or legal guardian of that response.
3091	3091	SECTION 4.02. Subchapter A, Chapter 29, Education Code, is
3092	3092	amended by adding Section 29.0012 to read as follows:
3093	3093	Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
3094	3094	least once each year, the board of trustees of a school district or
3095	3095	the governing body of an open-enrollment charter school shall
3096	3096	include during a public meeting a discussion of the performance of
3097	3097	students receiving special education services at the district or
3098	3098	school.
3099	3099	(b) The agency by rule shall adopt a set of performance
3100	3100	indicators for measuring and evaluating the quality of learning and
3101	3101	achievement for students receiving special education services at
3102	3102	the school district or open-enrollment charter school to be
3103	3103	considered at a meeting held under this section. The indicators
3104	3104	must include performance on the college, career, or military
3105	3105	readiness outcomes described by Section 48.110.
3106	3106	SECTION 4.03. Section 29.003, Education Code, is amended to
3107	3107	read as follows:
3108	3108	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
3109	3109	develop specific eligibility criteria based on the general
3110	3110	classifications established by this section and in accordance with
3111	3111	federal law [with reference to contemporary diagnostic or
3112	3112	evaluative terminologies and techniques]. Eligible students with
3113	3113	disabilities shall enjoy the right to a free appropriate public
3114	3114	education, which may include instruction in the regular classroom,
3115	3115	instruction through special teaching, or instruction through
3116	3116	contracts approved under this subchapter. Instruction shall be
3117	3117	supplemented by the provision of related services when appropriate.
3118	3118	(b) A student is eligible to participate in a school
3119	3119	district's special education program [if the student]:
3120	3120	(1) from birth through [is not more than] 21 years of
3121	3121	age if the student [and] has a visual [or auditory] impairment or is
3122	3122	deaf or hard of hearing and that disability prevents the student
3123	3123	from being adequately or safely educated in public school without
3124	3124	the provision of special education services; [or]
3125	3125	(2) from three years of age through five years of age
3126	3126	if the student is experiencing developmental delays as described by
3127	3127	20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
3128	3128	(3) from 3 years of age through [is at least three but
3129	3129	not more than] 21 years of age if the student [and] has one or more
3130	3130	of the [following] disabilities described by 20 U.S.C. Section
3131	3131	1401(3)(A) and that disability prevents the student from being
3132	3132	adequately or safely educated in public school without the
3133	3133	provision of special education services[:
3134	3134	[(A) physical disability;
3135	3135	[(B) intellectual or developmental disability;
3136	3136	[(C) emotional disturbance;
3137	3137	[(D) learning disability;
3138	3138	[(E) autism;
3139	3139	[(F) speech disability; or
3140	3140	[(G) traumatic brain injury].
3141	3141	SECTION 4.04. Subchapter A, Chapter 29, Education Code, is
3142	3142	amended by adding Section 29.0056 to read as follows:
3143	3143	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
3144	3144	CENTERS. (a) In this section, "state supported living center" has
3145	3145	the meaning assigned by Section 531.002, Health and Safety Code.
3146	3146	(b) The Health and Human Services Commission, in
3147	3147	collaboration with the agency and stakeholders who represent the
3148	3148	full continuum of educational residential placement options, shall
3149	3149	develop and provide to the agency materials regarding educational
3150	3150	residential placement options for children who may qualify for
3151	3151	placement in a state supported living center. The agency shall make
3152	3152	the materials developed under this subsection available to school
3153	3153	districts.
3154	3154	(c) At a meeting of a child's admission, review, and
3155	3155	dismissal committee at which residential placement is discussed,
3156	3156	the school district shall provide to the child's parent the
3157	3157	materials developed under Subsection (b).
3158	3158	SECTION 4.05. Section 29.008, Education Code, is amended by
3159	3159	amending Subsections (a) and (b) and adding Subsection (a-1) to
3160	3160	read as follows:
3161	3161	(a) The commissioner shall establish a list of approved
3162	3162	public or private facilities, institutions, or agencies inside or
3163	3163	outside of this state that a [A] school district, shared services
3164	3164	arrangement unit, or regional education service center may contract
3165	3165	with [a public or private facility, institution, or agency inside
3166	3166	or outside of this state] for the provision of services to students
3167	3167	with disabilities in a residential placement. The commissioner may
3168	3168	approve either the whole or a part of a facility or program.
3169	3169	(a-1) Each contract described by this section [for
3170	3170	residential placement] must be approved by the commissioner. The
3171	3171	commissioner may approve a [residential placement] contract under
3172	3172	this section only after at least a programmatic evaluation of
3173	3173	personnel qualifications, costs, adequacy of physical plant and
3174	3174	equipment, and curriculum content. [The commissioner may approve
3175	3175	either the whole or a part of a facility or program.]
3176	3176	(b) Except as provided by Subsection (c), costs of an
3177	3177	approved contract for residential placement may be paid from a
3178	3178	combination of federal, state, and local funds. The local share of
3179	3179	the total contract cost for each student is that portion of the
3180	3180	local tax effort that exceeds the district's local fund assignment
3181	3181	under Section 48.256, divided by the average daily attendance in
3182	3182	the district. If the contract involves a private facility, the
3183	3183	state share of the total contract cost is that amount remaining
3184	3184	after subtracting the local share. If the contract involves a
3185	3185	public facility, the state share is that amount remaining after
3186	3186	subtracting the local share from the portion of the contract that
3187	3187	involves the costs of instructional and related services. For
3188	3188	purposes of this subsection, "local tax effort" means the total
3189	3189	amount of money generated by taxes imposed for debt service and
3190	3190	maintenance and operation less any amounts paid into a tax
3191	3191	increment fund under Chapter 311, Tax Code. This subsection
3192	3192	expires September 1, 2027.
3193	3193	SECTION 4.06. The heading to Section 29.009, Education
3194	3194	Code, is amended to read as follows:
3195	3195	Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
3196	3196	SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
3197	3197	DISABILITIES].
3198	3198	SECTION 4.07. Section 29.010, Education Code, is amended to
3199	3199	read as follows:
3200	3200	Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
3201	3201	agency shall develop [adopt] and implement a comprehensive system
3202	3202	for monitoring school district compliance with federal and state
3203	3203	laws relating to special education. The monitoring system must
3204	3204	include a comprehensive cyclical process and a targeted risk-based
3205	3205	process [provide for ongoing analysis of district special education
3206	3206	data and of complaints filed with the agency concerning special
3207	3207	education services and for inspections of school districts at
3208	3208	district facilities]. The agency shall establish criteria and
3209	3209	instruments for use in determining district compliance under this
3210	3210	section [use the information obtained through analysis of district
3211	3211	data and from the complaints management system to determine the
3212	3212	appropriate schedule for and extent of the inspection].
3213	3213	(b) As part of the monitoring process [To complete the
3214	3214	inspection], the agency must obtain information from parents and
3215	3215	teachers of students in special education programs in the district.
3216	3216	(c) The agency shall develop and implement a system of
3217	3217	interventions and sanctions for school districts the agency
3218	3218	identifies as being in noncompliance with [whose most recent
3219	3219	monitoring visit shows a failure to comply with major requirements
3220	3220	of] the Individuals with Disabilities Education Act (20 U.S.C.
3221	3221	Section 1400 et seq.), federal regulations, state statutes, or
3222	3222	agency requirements necessary to carry out federal law or
3223	3223	regulations or state law relating to special education.
3224	3224	(d) The agency shall establish a graduated process of
3225	3225	sanctions to apply to [For] districts that remain in noncompliance
3226	3226	for more than one year[, the first stage of sanctions shall begin
3227	3227	with annual or more frequent monitoring visits]. The [Subsequent]
3228	3228	sanctions shall [may] range in severity and may include [up to] the
3229	3229	withholding of funds. If funds are withheld, the agency may use the
3230	3230	funds to provide, through alternative arrangements, services to
3231	3231	students and staff members in the district from which the funds are
3232	3232	withheld.
3233	3233	(e) The agency's complaint management division shall
3234	3234	develop a system for expedited investigation and resolution of
3235	3235	complaints concerning a district's failure to provide special
3236	3236	education or related services to a student eligible to participate
3237	3237	in the district's special education program.
3238	3238	[(f) This section does not create an obligation for or
3239	3239	impose a requirement on a school district or open-enrollment
3240	3240	charter school that is not also created or imposed under another
3241	3241	state law or a federal law.]
3242	3242	SECTION 4.08. Section 29.018, Education Code, is amended by
3243	3243	adding Subsection (g) to read as follows:
3244	3244	(g) This section expires September 1, 2026.
3245	3245	SECTION 4.09. Section 29.026(i), Education Code, is amended
3246	3246	to read as follows:
3247	3247	(i) A program selected to receive a grant under this section
3248	3248	is [The commissioner shall select programs and award grant funds to
3249	3249	those programs beginning in the 2018-2019 school year. The
3250	3250	selected programs are] to be funded for two years.
3251	3251	SECTION 4.10. Section 29.027(d), Education Code, is amended
3252	3252	to read as follows:
3253	3253	(d) A grant under this section is [The commissioner shall
3254	3254	select grant recipients and award grant funds beginning in the
3255	3255	2021-2022 school year. The grants are] to be awarded for two years.
3256	3256	SECTION 4.11. Subchapter A, Chapter 29, Education Code, is
3257	3257	amended by adding Section 29.029 to read as follows:
3258	3258	Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
3259	3259	STAFF. (a) From funds appropriated or otherwise available for the
3260	3260	purpose, the agency shall provide grants to school districts and
3261	3261	open-enrollment charter schools to increase the number of qualified
3262	3262	and appropriately credentialed special education staff, including
3263	3263	special education teachers, special education paraprofessionals,
3264	3264	evaluation personnel, ancillary instruction personnel, and related
3265	3265	service personnel.
3266	3266	(b) A school district or open-enrollment charter school
3267	3267	that receives a grant under this section shall require each person
3268	3268	the district or school uses the grant money to assist in becoming
3269	3269	licensed, certified, or otherwise credentialed as described by
3270	3270	Subsection (a) to work at the district or school for a period
3271	3271	established by commissioner rule.
3272	3272	(c) The commissioner shall adopt rules establishing the
3273	3273	period of required employment described by Subsection (b) and any
3274	3274	other rules necessary to implement this section.
3275	3275	SECTION 4.12. The heading to Subchapter A-1, Chapter 29,
3276	3276	Education Code, is amended to read as follows:
3277	3277	SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
3278	3278	SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
3279	3279	[PROGRAM]
3280	3280	SECTION 4.13. Sections 29.041(2) and (3), Education Code,
3281	3281	are amended to read as follows:
3282	3282	(2) "Supplemental [special education] instructional
3283	3283	materials" includes textbooks, computer hardware or software,
3284	3284	other technological devices, and other materials suitable for
3285	3285	addressing an educational need of a student receiving special
3286	3286	education services under Subchapter A.
3287	3287	(3) "Supplemental [special education] services" means
3288	3288	an additive service that provides an educational benefit to a
3289	3289	student receiving special education services under Subchapter A,
3290	3290	including:
3291	3291	(A) occupational therapy, physical therapy, and
3292	3292	speech therapy; and
3293	3293	(B) private tutoring and other supplemental
3294	3294	private instruction or programs.
3295	3295	SECTION 4.14. Sections 29.042(a) and (c), Education Code,
3296	3296	are amended to read as follows:
3297	3297	(a) The agency by rule shall establish and administer a
3298	3298	parent-directed [supplemental special education services and
3299	3299	instructional materials] program for students receiving special
3300	3300	education services, through which a parent may direct supplemental
3301	3301	services and supplemental instructional materials for the parent's
3302	3302	student [students] who meets [meet] the eligibility requirements
3303	3303	for participation in the program. Subject to Subsection (c), the
3304	3304	agency shall provide each student approved as provided by this
3305	3305	subchapter a grant in the amount provided under Section 48.305 [of
3306	3306	not more than $1,500] to purchase supplemental [special education]
3307	3307	services and supplemental [special education] instructional
3308	3308	materials.
3309	3309	(c) A student may receive one grant under this subchapter
3310	3310	unless the legislature appropriates money for an additional grant
3311	3311	in the General Appropriations Act [The commissioner shall set aside
3312	3312	an amount not to exceed $30 million from the total amount of funds
3313	3313	appropriated for each state fiscal year to fund the program under
3314	3314	this section. For each state fiscal year, the total amount provided
3315	3315	for student grants under Subsection (a) may not exceed the amount
3316	3316	set aside by the commissioner under this subsection].
3317	3317	SECTION 4.15. Section 29.045, Education Code, is amended to
3318	3318	read as follows:
3319	3319	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
3320	3320	ACCOUNT. The [Subject to available funding the] agency shall
3321	3321	approve each student who meets the program eligibility criteria
3322	3322	established under Section 29.044 and assign to the student an
3323	3323	account maintained under Section 29.042(b). The account may only
3324	3324	be used by the student's parent to purchase supplemental [special
3325	3325	education] services or supplemental [special education]
3326	3326	instructional materials for the student, subject to Sections 29.046
3327	3327	and 29.047.
3328	3328	SECTION 4.16. Sections 29.046(a) and (b), Education Code,
3329	3329	are amended to read as follows:
3330	3330	(a) Money in an account assigned to a student under Section
3331	3331	29.045 may be used only for supplemental [special education]
3332	3332	services and supplemental [special education] instructional
3333	3333	materials.
3334	3334	(b) Supplemental [special education] services must be
3335	3335	provided by an agency-approved provider.
3336	3336	SECTION 4.17. Sections 29.047(a), (c), (d), and (e),
3337	3337	Education Code, are amended to read as follows:
3338	3338	(a) The agency shall establish criteria necessary for
3339	3339	agency approval for each category of provider of a professional
3340	3340	service that is a supplemental [special education] service, as
3341	3341	identified by the agency.
3342	3342	(c) The agency shall provide a procedure for providers of
3343	3343	supplemental [special education] services to apply to the agency to
3344	3344	become an agency-approved provider.
3345	3345	(d) The agency may establish criteria for agency approval of
3346	3346	vendors for each category of supplemental [special education]
3347	3347	instructional materials identified by the agency.
3348	3348	(e) If the agency establishes criteria for agency approval
3349	3349	for a vendor of a category of supplemental [special education]
3350	3350	instructional materials, the agency shall provide a procedure for
3351	3351	vendors of that category to apply to the agency to become an
3352	3352	agency-approved vendor.
3353	3353	SECTION 4.18. Subchapter A-1, Chapter 29, Education Code,
3354	3354	is amended by adding Section 29.0475 to read as follows:
3355	3355	Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
3356	3356	AUTONOMY. (a) A provider of supplemental services or vendor of
3357	3357	supplemental instructional materials that receives money
3358	3358	distributed under the program is not a recipient of federal
3359	3359	financial assistance on the basis of receiving that money.
3360	3360	(b) A rule adopted or action taken related to the program by
3361	3361	an individual, governmental entity, court of law, or program
3362	3362	administrator may not:
3363	3363	(1) consider the actions of a provider of supplemental
3364	3364	services, vendor of supplemental instructional materials, or
3365	3365	program participant to be the actions of an agent of state
3366	3366	government;
3367	3367	(2) limit:
3368	3368	(A) a provider of supplemental services' ability
3369	3369	to determine the methods used to educate the provider's students or
3370	3370	to exercise the provider's religious or institutional values; or
3371	3371	(B) a program participant's ability to determine
3372	3372	the participant's educational content or to exercise the
3373	3373	participant's religious values;
3374	3374	(3) obligate a provider of supplemental services or
3375	3375	program participant to act contrary to the provider's or
3376	3376	participant's religious or institutional values, as applicable;
3377	3377	(4) impose any regulation on a provider of
3378	3378	supplemental services, vendor of supplemental instructional
3379	3379	materials, or program participant beyond those regulations
3380	3380	necessary to enforce the requirements of the program; or
3381	3381	(5) require as a condition of receiving money
3382	3382	distributed under the program:
3383	3383	(A) a provider of supplemental services to modify
3384	3384	the provider's creed, practices, admissions policies, curriculum,
3385	3385	performance standards, employment policies, or assessments; or
3386	3386	(B) a program participant to modify the
3387	3387	participant's creed, practices, curriculum, performance standards,
3388	3388	or assessments.
3389	3389	(c) In a proceeding challenging a rule adopted by a state
3390	3390	agency or officer under this subchapter, the agency or officer has
3391	3391	the burden of proof to establish by clear and convincing evidence
3392	3392	that the rule:
3393	3393	(1) is necessary to implement or enforce the program
3394	3394	as provided by this subchapter;
3395	3395	(2) does not violate this section;
3396	3396	(3) does not impose an undue burden on a program
3397	3397	participant or a provider of supplemental services or vendor of
3398	3398	supplemental instructional materials that participates or applies
3399	3399	to participate in the program; and
3400	3400	(4) is the least restrictive means of accomplishing
3401	3401	the purpose of the program while recognizing the independence of a
3402	3402	provider of supplemental services to meet the educational needs of
3403	3403	students in accordance with the provider's religious or
3404	3404	institutional values.
3405	3405	SECTION 4.19. Section 29.048, Education Code, is amended to
3406	3406	read as follows:
3407	3407	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
3408	3408	DUTIES. (a) A student's admission, review, and dismissal
3409	3409	committee shall develop a student's individualized education
3410	3410	program under Section 29.005, in compliance with the Individuals
3411	3411	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
3412	3412	without consideration of any supplemental [special education]
3413	3413	services or supplemental instructional materials that may be
3414	3414	provided under the program under this subchapter.
3415	3415	(b) Unless the district first verifies that an account has
3416	3416	been assigned to the student under Section 29.045, the [The]
3417	3417	admission, review, and dismissal committee of a student approved
3418	3418	for participation in the program shall provide to the student's
3419	3419	parent at an admission, review, and dismissal committee meeting for
3420	3420	the student:
3421	3421	(1) information regarding the types of supplemental
3422	3422	[special education] services or supplemental instructional
3423	3423	materials available under the program and provided by
3424	3424	agency-approved providers for which an account maintained under
3425	3425	Section 29.042(b) for the student may be used; and
3426	3426	(2) instructions regarding accessing an account
3427	3427	described by Subdivision (1).
3428	3428	SECTION 4.20. Subchapter A-1, Chapter 29, Education Code,
3429	3429	is amended by adding Section 29.0485 to read as follows:
3430	3430	Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
3431	3431	Notwithstanding Section 7.057, a determination of the commissioner
3432	3432	under this subchapter is final and may not be appealed.
3433	3433	SECTION 4.21. Section 29.049, Education Code, is amended to
3434	3434	read as follows:
3435	3435	Sec. 29.049. RULES. The commissioner shall adopt rules as
3436	3436	necessary to administer the supplemental [special education]
3437	3437	services and supplemental instructional materials program under
3438	3438	this subchapter.
3439	3439	SECTION 4.22. Section 29.315, Education Code, is amended to
3440	3440	read as follows:
3441	3441	Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
3442	3442	UNDERSTANDING. The Texas Education Agency and the Texas School for
3443	3443	the Deaf shall develop[, agree to, and by commissioner rule adopt no
3444	3444	later than September 1, 1998,] a memorandum of understanding to
3445	3445	establish:
3446	3446	(1) the method for developing and reevaluating a set
3447	3447	of indicators of the quality of learning at the Texas School for the
3448	3448	Deaf;
3449	3449	(2) the process for the agency to conduct and report on
3450	3450	an annual evaluation of the school's performance on the indicators;
3451	3451	(3) the requirements for the school's board to
3452	3452	publish, discuss, and disseminate an annual report describing the
3453	3453	educational performance of the school;
3454	3454	(4) the process for the agency to assign an
3455	3455	accreditation status to the school, to reevaluate the status on an
3456	3456	annual basis, and, if necessary, to conduct monitoring reviews; and
3457	3457	(5) the type of information the school shall be
3458	3458	required to provide through the Public Education Information
3459	3459	Management System (PEIMS).
3460	3460	SECTION 4.23. Section 30.001(b), Education Code, is amended
3461	3461	to read as follows:
3462	3462	(b) The commissioner, with the approval of the State Board
3463	3463	of Education, shall develop and implement a plan for the
3464	3464	coordination of services to children with disabilities in each
3465	3465	region served by a regional education service center. The plan
3466	3466	must include procedures for:
3467	3467	(1) identifying existing public or private
3468	3468	educational and related services for children with disabilities in
3469	3469	each region;
3470	3470	(2) identifying and referring children with
3471	3471	disabilities who cannot be appropriately served by the school
3472	3472	district in which they reside to other appropriate programs;
3473	3473	(3) assisting school districts to individually or
3474	3474	cooperatively develop programs to identify and provide appropriate
3475	3475	services for children with disabilities;
3476	3476	(4) expanding and coordinating services provided by
3477	3477	regional education service centers for children with disabilities;
3478	3478	and
3479	3479	(5) providing for special education supports
3480	3480	[services], including special seats, books, instructional media,
3481	3481	and other supplemental supplies and services required for proper
3482	3482	instruction.
3483	3483	SECTION 4.24. Section 30.002(g), Education Code, is amended
3484	3484	to read as follows:
3485	3485	(g) To facilitate implementation of this section, the
3486	3486	commissioner shall develop a system to distribute from the
3487	3487	foundation school fund to school districts or regional education
3488	3488	service centers a special supplemental allowance for each student
3489	3489	with a visual impairment and for each student with a serious visual
3490	3490	disability and another medically diagnosed disability of a
3491	3491	significantly limiting nature who is receiving special education
3492	3492	services through any approved program. The supplemental allowance
3493	3493	may be spent only for special education services uniquely required
3494	3494	by the nature of the student's disabilities and may not be used in
3495	3495	lieu of educational funds otherwise available under this code or
3496	3496	through state or local appropriations.
3497	3497	SECTION 4.25. Section 30.005, Education Code, is amended to
3498	3498	read as follows:
3499	3499	Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
3500	3500	IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
3501	3501	and the Texas School for the Blind and Visually Impaired shall
3502	3502	develop[, agree to, and by commissioner rule adopt] a memorandum of
3503	3503	understanding to establish:
3504	3504	(1) the method for developing and reevaluating a set
3505	3505	of indicators of the quality of learning at the Texas School for the
3506	3506	Blind and Visually Impaired;
3507	3507	(2) the process for the agency to conduct and report on
3508	3508	an annual evaluation of the school's performance on the indicators;
3509	3509	(3) the requirements for the school's board to
3510	3510	publish, discuss, and disseminate an annual report describing the
3511	3511	educational performance of the school;
3512	3512	(4) the process for the agency to:
3513	3513	(A) assign an accreditation status to the school;
3514	3514	(B) reevaluate the status on an annual basis; and
3515	3515	(C) if necessary, conduct monitoring reviews;
3516	3516	and
3517	3517	(5) the type of information the school shall be
3518	3518	required to provide through the Public Education Information
3519	3519	Management System (PEIMS).
3520	3520	SECTION 4.26. Section 37.146(a), Education Code, is amended
3521	3521	to read as follows:
3522	3522	(a) A complaint alleging the commission of a school offense
3523	3523	must, in addition to the requirements imposed by Article 45.019,
3524	3524	Code of Criminal Procedure:
3525	3525	(1) be sworn to by a person who has personal knowledge
3526	3526	of the underlying facts giving rise to probable cause to believe
3527	3527	that an offense has been committed; and
3528	3528	(2) be accompanied by a statement from a school
3529	3529	employee stating:
3530	3530	(A) whether the child is eligible for or receives
3531	3531	special education services under Subchapter A, Chapter 29; and
3532	3532	(B) the graduated sanctions, if required under
3533	3533	Section 37.144, that were imposed on the child before the complaint
3534	3534	was filed.
3535	3535	SECTION 4.27. Section 48.265(a), Education Code, is amended
3536	3536	to read as follows:
3537	3537	(a) If [Notwithstanding any other provision of law, if] the
3538	3538	commissioner determines that the amount appropriated for the
3539	3539	purposes of the Foundation School Program exceeds the amount to
3540	3540	which school districts are entitled under this chapter, the
3541	3541	commissioner may provide [by rule shall establish a grant program
3542	3542	through which excess funds are awarded as] grants using the excess
3543	3543	money for the purchase of video equipment, or for the reimbursement
3544	3544	of costs for previously purchased video equipment, used for
3545	3545	monitoring special education classrooms or other special education
3546	3546	settings required under Section 29.022.
3547	3547	SECTION 4.28. This article takes effect immediately if it
3548	3548	receives a vote of two-thirds of all the members elected to each
3549	3549	house, as provided by Section 39, Article III, Texas Constitution.
3550	3550	If this article does not receive the vote necessary for immediate
3551	3551	effect, this article takes effect September 1, 2023.
3552	3552	ARTICLE 5. FISCAL RESPONSIBILITY
3553	3553	SECTION 5.01. (a) Notwithstanding any other section of
3554	3554	this Act, in a state fiscal year, the Texas Education Agency or
3555	3555	comptroller of public accounts is not required to implement a
3556	3556	provision found in another section of this Act that is drafted as a
3557	3557	mandatory provision imposing a duty on the agency to take an action
3558	3558	unless money is specifically appropriated to the agency for that
3559	3559	fiscal year to carry out that duty. The Texas Education Agency or
3560	3560	comptroller of public accounts may implement the provision in that
3561	3561	fiscal year to the extent other funding is available to the agency
3562	3562	to do so.
3563	3563	(b) If, as authorized by Subsection (a) of this section, the
3564	3564	Texas Education Agency or comptroller of public accounts does not
3565	3565	implement the mandatory provision in a state fiscal year, the
3566	3566	agency or comptroller of public accounts, as applicable, in its
3567	3567	legislative budget request for the next state fiscal biennium,
3568	3568	shall certify that fact to the Legislative Budget Board and include
3569	3569	a written estimate of the costs of implementing the provision in
3570	3570	each year of that next state fiscal biennium.
3571	3571	(c) This section and the suspension of the Texas Education
3572	3572	Agency's or comptroller of public accounts' duty to implement a
3573	3573	mandatory provision of this Act, as provided by Subsection (a) of
3574	3574	this section, expires and the duty to implement the mandatory
3575	3575	provision resumes on September 1, 2027.
3576	3576	* * * * *