By: Cain H.B. No. 1892
A BILL TO BE ENTITLED
AN ACT
relating to improved educational efficiency by empowering parents
through a program administered by the comptroller.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act may be cited as the
Parental Empowerment Program Act of 2023.
SECTION 2. FINDINGS. The legislature finds that:
(a) parents should be empowered to direct the education of
their child;
(b) there is not one best educational option for all Texas
school children;
(c) children belong to their parents, not the government;
(d) the best education for Texas school children is one
directed by their parents, with all educational options made
available and accessible, wherein money follows the child to the
educational option that best meets their unique educational needs;
(e) in Espinoza v. Montana Department of Revenue (2020) and
in Carson v. Makin (2022), the United States Supreme Court found
that state prohibitions on the use of generally available state
tuition assistance programs for religious schools violates the Free
Exercise Clause of the First Amendment of the United States
Constitution; and
(f) this Act is intended to further provide for the general
diffusion of knowledge and to empower parents of students in this
state to direct the education of their children.
SECTION 3. Chapter 403, Government Code, is amended by
adding Subchapter S to read as follows:
SUBCHAPTER S. PARENTAL EMPOWERMENT PROGRAM
Sec. 403.504. PARENTAL EMPOWERMENT PROGRAM. (a) PURPOSE:
To increase efficiency by empowering parents to make the best
decisions for their children's education. To enshrine parents as
the primary decision makers in all matters involving their
children. To fully fund schools while giving parents a choice about
which school is right for their child.
(b) In this section:
(1) "Eligible student" means a school-age child who
resides in the state.
(c) A parent or legal guardian of an eligible student who
agrees to accept reimbursement in an amount that is less than the
state average maintenance and operations expenditures per student
may receive reimbursement from the state for the tuition paid for
the enrollment of the eligible student at a private school in an
amount that is the lesser of:
(1) the tuition paid; or
(2) 80 percent of the state average maintenance and
operations expenditures per student.
(d) Money from the available school fund and federal funds
may not be used for reimbursement under this section.
(e) Private schools that parents voluntarily choose to send
their children, with or without governmental assistance, will not
be required to comply with any state law or regulation governing its
educational program that was not in effect on January 1, 2023.
(f) The comptroller of public accounts shall make
reimbursements to a parent or legal guardian, or their assigns, as
authorized under this section.
(g) By October 1 of each year, the comptroller of public
accounts shall provide notification to the commissioner of
education and the Legislative Budget Board of the numbers of
eligible students likely to participate by each independent school
district or open enrollment charter they would have otherwise
attended. By March 1 of each year, the comptroller of public
accounts shall provide final numbers of the same information to the
commissioner and the Legislative Budget Board.
(h) The Comptroller of Public Accounts, Legislative Budget
Board, and Texas Education Agency shall use the calculations
submitted in accordance with subsection (g) for purposes of
modifying the estimates of student enrollment under Section
42.253(b), Education Code, that are used to calculate Foundation
School Program entitlements.
(i) Savings to the Foundation School Program, after funding
the Parental Empowerment Program shall be distributed to public
schools on a per capita basis in the subsequent school year upon
approval by the governor and Legislative Budget Board.
(j) Administrative Costs: The comptroller may deduct from
the distribution of funds to participants of the program an amount
sufficient to cover state administrative costs of the program. Any
such administrative cost deduction shall be the lesser of, two
percent of the scheduled distribution to the participant, or the
actual pro rata cost to the state. This subsection expires on
September 1, 2033.
SECTION 4. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.304 to read as follows:
48.304. PARENTAL EMPOWERMENT PROGRAM. (a) A person to whom
the comptroller awards a grant under Subchapter S, Chapter 403.504,
Government Code, is entitled to receive an amount equal to the
amount of the grant as provided by that subchapter.
(b) The agency shall re-appropriate to the credit of the
budget savings account established under Section 403.504,
Government Code, the amount appropriated to the agency for purposes
of this section for use by the comptroller in awarding grants as
provided by Subchapter S, Chapter 403.504, Government Code.
SECTION 5. As soon as practicable, but not later than the
45th day after the effective date of this Act, the comptroller,
shall adopt rules to implement this Act, including rules to prevent
fraud in financial transactions under the program. Such
regulations shall reconcile payments for the Parental Empowerment
Program grants within the same fiscal year, or one month after.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.