By: Leo-Wilson H.B. No. 2803
A BILL TO BE ENTITLED
AN ACT
relating to a program to serve special education students' needs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 48, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. SPECIAL EDUCATION GRANT PROGRAM
Sec. 48.600. SPECIAL EDUCATION CHOICE. Notwithstanding any
other provision of this code, as provided by this subchapter an
eligible student may attend a public school in the district in which
the student resides or may use a special education grant to attend
another district, or accredited private school chosen by the
student's parent.
Sec. 48.601. ELIGIBILITY.
A student is eligible to receive a special education grant to
attend another school if the student's parents determine that the
student's special education needs are not being met at the school to
which the child is assigned.
Sec. 48.602. FINANCING. (a) A student who under this
subchapter uses a special education grant to attend a public school
in a school district other than the district in which the student
resides is included in the average daily attendance of the district
in which the student attends school.
(b) A school district is entitled to the allotment provided
by Section 48.107 for each eligible student using a special
education grant. If the district has a local revenue level greater
than the guaranteed local revenue level but less than the level
established under Section 48.257, a school district is entitled
under rules adopted by the commissioner to additional state aid in
an amount equal to the difference between the cost to the district
of providing services to a student using a public education grant
and the sum of the state aid received because of the allotment under
Section 48.107 and money from the available school fund
attributable to the student.
(c) A school district is entitled to additional facilities
assistance under Section 48.301 if the district agrees to:
(1) accept a number of students using special
education grants that is at least one percent of the district's
average daily attendance for the preceding school year; and
(2) provide services to each student until the student
either voluntarily decides to attend a different school or
graduates from high school.
(d) If a parent selects a private school, then funding shall
be calculated as the lesser of the following;
(1) The amount of funding as calculated under 29.203,
or;
(2) the actual amount of tuition charged by the
school.
(e) A school district chosen by a student's parent under
Section 29.201 is entitled to accept or reject the application for
the student to attend school in that district.
(f) A school district chosen by a student's parent under
Section 29.201 may not charge the student tuition.
Sec. 48.603. ACCREDITED PRIVATE SCHOOLS (a) The
commissioner shall adopt rules to implement the program including
the calculation of funding for private school participation. Rules
shall be designed to prohibit fraud and abuse. The rules may not in
any form effect or attempt to control the programs, curricula, or
other operations of private schools.
(a) The comptroller shall establish the special education
account in the state treasury.
(b) No federal funds or Available School Funds shall be used
to fund programs under this subsection.
Sec. 48.604. SPECIAL EDUCATION ACCOUNT. (a) The special
education account is established in the foundation school fund and
is administered by the comptroller.
(b) The account consists of:
(1) money transferred to the credit of the account
under Section 48.304, Education Code; and
(2) other amounts appropriated to the account by the
legislature.
(c) Money in the account may be used only to award grants for
the payment of tuition for enrollment of eligible students at
qualifying schools in the manner prescribed by Section 48.602 and
rules adopted by the comptroller.
(d) Interest and income from the assets of the account shall
be credited to and deposited in the account.
SECTION 2. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.304 to read as follows:
Sec. 48.304. SPECIAL EDUCATION GRANT. (a) A person to whom
the commissioner awards a grant under Subchapter J, Chapter 48.601,
Education Code, is entitled to receive an amount equal to the amount
of the grant as provided by that subchapter.
(b) The agency shall transfer to the credit of the special
education account established under Section 48.604, Education
Code, the amount appropriated to the agency for purposes of this
section for use by the comptroller in awarding grants as provided by
Subchapter J, Chapter 48.601, Education Code.
SECTION 3. The comptroller in cooperation with the
commissioner shall adopt rules to prohibit fraud and abuse and for
implementation of this program.
SECTION 4. This Act takes effect September 1, 2023.