| 1 | 1 | | By: Leo-Wilson H.B. No. 2803 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a program to serve special education students' needs. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 48, Education Code, is amended by adding |
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| 9 | 9 | | Subchapter J to read as follows: |
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| 10 | 10 | | SUBCHAPTER J. SPECIAL EDUCATION GRANT PROGRAM |
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| 11 | 11 | | Sec. 48.600. SPECIAL EDUCATION CHOICE. Notwithstanding any |
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| 12 | 12 | | other provision of this code, as provided by this subchapter an |
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| 13 | 13 | | eligible student may attend a public school in the district in which |
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| 14 | 14 | | the student resides or may use a special education grant to attend |
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| 15 | 15 | | another district, or accredited private school chosen by the |
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| 16 | 16 | | student's parent. |
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| 17 | 17 | | Sec. 48.601. ELIGIBILITY. |
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| 18 | 18 | | A student is eligible to receive a special education grant to |
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| 19 | 19 | | attend another school if the student's parents determine that the |
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| 20 | 20 | | student's special education needs are not being met at the school to |
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| 21 | 21 | | which the child is assigned. |
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| 22 | 22 | | Sec. 48.602. FINANCING. (a) A student who under this |
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| 23 | 23 | | subchapter uses a special education grant to attend a public school |
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| 24 | 24 | | in a school district other than the district in which the student |
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| 25 | 25 | | resides is included in the average daily attendance of the district |
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| 26 | 26 | | in which the student attends school. |
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| 27 | 27 | | (b) A school district is entitled to the allotment provided |
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| 28 | 28 | | by Section 48.107 for each eligible student using a special |
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| 29 | 29 | | education grant. If the district has a local revenue level greater |
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| 30 | 30 | | than the guaranteed local revenue level but less than the level |
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| 31 | 31 | | established under Section 48.257, a school district is entitled |
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| 32 | 32 | | under rules adopted by the commissioner to additional state aid in |
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| 33 | 33 | | an amount equal to the difference between the cost to the district |
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| 34 | 34 | | of providing services to a student using a public education grant |
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| 35 | 35 | | and the sum of the state aid received because of the allotment under |
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| 36 | 36 | | Section 48.107 and money from the available school fund |
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| 37 | 37 | | attributable to the student. |
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| 38 | 38 | | (c) A school district is entitled to additional facilities |
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| 39 | 39 | | assistance under Section 48.301 if the district agrees to: |
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| 40 | 40 | | (1) accept a number of students using special |
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| 41 | 41 | | education grants that is at least one percent of the district's |
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| 42 | 42 | | average daily attendance for the preceding school year; and |
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| 43 | 43 | | (2) provide services to each student until the student |
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| 44 | 44 | | either voluntarily decides to attend a different school or |
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| 45 | 45 | | graduates from high school. |
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| 46 | 46 | | (d) If a parent selects a private school, then funding shall |
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| 47 | 47 | | be calculated as the lesser of the following; |
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| 48 | 48 | | (1) The amount of funding as calculated under 29.203, |
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| 49 | 49 | | or; |
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| 50 | 50 | | (2) the actual amount of tuition charged by the |
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| 51 | 51 | | school. |
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| 52 | 52 | | (e) A school district chosen by a student's parent under |
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| 53 | 53 | | Section 29.201 is entitled to accept or reject the application for |
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| 54 | 54 | | the student to attend school in that district. |
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| 55 | 55 | | (f) A school district chosen by a student's parent under |
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| 56 | 56 | | Section 29.201 may not charge the student tuition. |
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| 57 | 57 | | Sec. 48.603. ACCREDITED PRIVATE SCHOOLS (a) The |
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| 58 | 58 | | commissioner shall adopt rules to implement the program including |
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| 59 | 59 | | the calculation of funding for private school participation. Rules |
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| 60 | 60 | | shall be designed to prohibit fraud and abuse. The rules may not in |
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| 61 | 61 | | any form effect or attempt to control the programs, curricula, or |
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| 62 | 62 | | other operations of private schools. |
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| 63 | 63 | | (a) The comptroller shall establish the special education |
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| 64 | 64 | | account in the state treasury. |
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| 65 | 65 | | (b) No federal funds or Available School Funds shall be used |
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| 66 | 66 | | to fund programs under this subsection. |
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| 67 | 67 | | Sec. 48.604. SPECIAL EDUCATION ACCOUNT. (a) The special |
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| 68 | 68 | | education account is established in the foundation school fund and |
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| 69 | 69 | | is administered by the comptroller. |
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| 70 | 70 | | (b) The account consists of: |
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| 71 | 71 | | (1) money transferred to the credit of the account |
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| 72 | 72 | | under Section 48.304, Education Code; and |
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| 73 | 73 | | (2) other amounts appropriated to the account by the |
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| 74 | 74 | | legislature. |
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| 75 | 75 | | (c) Money in the account may be used only to award grants for |
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| 76 | 76 | | the payment of tuition for enrollment of eligible students at |
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| 77 | 77 | | qualifying schools in the manner prescribed by Section 48.602 and |
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| 78 | 78 | | rules adopted by the comptroller. |
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| 79 | 79 | | (d) Interest and income from the assets of the account shall |
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| 80 | 80 | | be credited to and deposited in the account. |
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| 81 | 81 | | SECTION 2. Subchapter G, Chapter 48, Education Code, is |
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| 82 | 82 | | amended by adding Section 48.304 to read as follows: |
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| 83 | 83 | | Sec. 48.304. SPECIAL EDUCATION GRANT. (a) A person to whom |
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| 84 | 84 | | the commissioner awards a grant under Subchapter J, Chapter 48.601, |
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| 85 | 85 | | Education Code, is entitled to receive an amount equal to the amount |
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| 86 | 86 | | of the grant as provided by that subchapter. |
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| 87 | 87 | | (b) The agency shall transfer to the credit of the special |
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| 88 | 88 | | education account established under Section 48.604, Education |
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| 89 | 89 | | Code, the amount appropriated to the agency for purposes of this |
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| 90 | 90 | | section for use by the comptroller in awarding grants as provided by |
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| 91 | 91 | | Subchapter J, Chapter 48.601, Education Code. |
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| 92 | 92 | | SECTION 3. The comptroller in cooperation with the |
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| 93 | 93 | | commissioner shall adopt rules to prohibit fraud and abuse and for |
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| 94 | 94 | | implementation of this program. |
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| 95 | 95 | | SECTION 4. This Act takes effect September 1, 2023. |
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