Texas 2023 - 88th Regular

Texas House Bill HB3781 Compare Versions

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1	1	By: Jetton H.B. No. 3781
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to special education in public schools, including the
7	7	special education allotment under the Foundation School Program, an
8	8	education savings account program for certain children with
9	9	disabilities, and a grant program to reimburse public schools for
10	10	the cost of certain employer contributions for retirees of the
11	11	Teacher Retirement System of Texas employed to teach special
12	12	education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Effective September 1, 2024, Section 8.051(d),
15	15	Education Code, is amended to read as follows:
16	16	(d) Each regional education service center shall maintain
17	17	core services for purchase by school districts and campuses. The
18	18	core services are:
19	19	(1) training and assistance in:
20	20	(A) teaching each subject area assessed under
21	21	Section 39.023; and
22	22	(B) providing instruction in personal financial
23	23	literacy as required under Section 28.0021;
24	24	(2) training and assistance in providing each program
25	25	that qualifies for a funding allotment under Section 48.102,
26	26	48.1021, 48.104, 48.105, or 48.109;
27	27	(3) assistance specifically designed for a school
28	28	district or campus assigned an unacceptable performance rating
29	29	under Section 39.054;
30	30	(4) training and assistance to teachers,
31	31	administrators, members of district boards of trustees, and members
32	32	of site-based decision-making committees;
33	33	(5) assistance specifically designed for a school
34	34	district that is considered out of compliance with state or federal
35	35	special education requirements, based on the agency's most recent
36	36	compliance review of the district's special education programs; and
37	37	(6) assistance in complying with state laws and rules.
38	38	SECTION 2. Chapter 22, Education Code, is amended by adding
39	39	Subchapter E to read as follows:
40	40	SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM
41	41	Sec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANT
42	42	PROGRAM. (a) From money appropriated or otherwise available for
43	43	the purpose, the commissioner shall establish a grant program to
44	44	reimburse school districts and open-enrollment charter schools for
45	45	the cost of required contributions under Section 825.4092,
46	46	Government Code, for the employment of a retiree hired to:
47	47	(1) teach special education; or
48	48	(2) provide services related to special education.
49	49	(b) A grant received under the program may only be used for
50	50	the cost of required contributions for the employment of a retiree:
51	51	(1) who retired before September 1, 2022; or
52	52	(2) as provided by the General Appropriations Act.
53	53	(c) If the amount of grant requests under the program
54	54	exceeds the amount appropriated or otherwise available for the
55	55	purpose, the commissioner shall proportionately reduce the amount
56	56	of each grant.
57	57	SECTION 3. Section 29.001, Education Code, is amended to
58	58	read as follows:
59	59	Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION LAW
60	60	[STATEWIDE PLAN]. (a) As the state education agency responsible
61	61	for carrying out the purposes of Part B, Individuals with
62	62	Disabilities Education Act (20 U.S.C. Section 1411 et seq.), the
63	63	[The] agency shall develop, and revise [modify] as necessary, a
64	64	comprehensive system to ensure statewide and local compliance
65	65	[design, consistent] with federal and state law related to special
66	66	education[, for the delivery of services to children with
67	67	disabilities in this state that includes rules for the
68	68	administration and funding of the special education program so that
69	69	a free appropriate public education is available to all of those
70	70	children between the ages of three and 21].
71	71	(b) The comprehensive system [statewide design] shall
72	72	include the provision of services primarily through school
73	73	districts and shared services arrangements, supplemented by
74	74	regional education service centers.
75	75	(c) The comprehensive system [agency] shall focus on
76	76	maximizing student outcomes and include [also develop and implement
77	77	a statewide plan with programmatic content that includes procedures
78	78	designed to]:
79	79	(1) rulemaking, technical assistance, guidance
80	80	documents, monitoring protocols, and other resources as necessary
81	81	to implement and ensure compliance with federal and state law
82	82	related to special education [ensure state compliance with
83	83	requirements for supplemental federal funding for all
84	84	state-administered programs involving the delivery of
85	85	instructional or related services to students with disabilities];
86	86	(2) the facilitation of [facilitate] interagency
87	87	coordination when other state agencies are involved in the delivery
88	88	of instructional or related services to students with disabilities;
89	89	(3) the pursuit of [periodically assess statewide
90	90	personnel needs in all areas of specialization related to special
91	91	education and pursue] strategies to meet statewide special
92	92	education and related services personnel [those] needs [through a
93	93	consortium of representatives from regional education service
94	94	centers, local education agencies, and institutions of higher
95	95	education and through other available alternatives];
96	96	(4) ensuring [ensure] that regional education service
97	97	centers throughout the state maintain a regional support function,
98	98	which may include direct service delivery and a component designed
99	99	to facilitate the placement of students with disabilities who
100	100	cannot be appropriately served in their resident districts;
101	101	(5) [allow the agency to] effectively monitoring
102	102	[monitor] and periodically conducting [conduct] site visits of all
103	103	school districts to ensure that rules adopted under this subchapter
104	104	[section] are applied in a consistent and uniform manner, to ensure
105	105	that districts are complying with those rules, and to ensure that
106	106	annual statistical reports filed by the districts and not otherwise
107	107	available through the Public Education Information Management
108	108	System under Sections 48.008 and 48.009 are accurate and complete;
109	109	and
110	110	(6) the provision of training and technical assistance
111	111	to ensure that:
112	112	(A) appropriately trained personnel are involved
113	113	in the diagnostic and evaluative procedures operating in all
114	114	districts and that those personnel routinely serve on district
115	115	admissions, review, and dismissal committees;
116	116	(B) [(7) ensure that] an individualized
117	117	education program for each student with a disability is properly
118	118	developed, implemented, and maintained in the least restrictive
119	119	environment that is appropriate to meet the student's educational
120	120	needs;
121	121	(C) [(8) ensure that,] when appropriate, each
122	122	student with a disability is provided an opportunity to participate
123	123	in career and technology and physical education classes[, in
124	124	addition to participating in regular or special classes];
125	125	(D) [(9) ensure that] each student with a
126	126	disability is provided necessary related services;
127	127	(E) [(10) ensure that] an individual assigned to
128	128	act as a surrogate parent for a child with a disability, as provided
129	129	by 20 U.S.C. Section 1415(b), is required to:
130	130	(i) [(A)] complete a training program that
131	131	complies with minimum standards established by agency rule;
132	132	(ii) [(B)] visit the child and the child's
133	133	school;
134	134	(iii) [(C)] consult with persons involved
135	135	in the child's education, including teachers, caseworkers,
136	136	court-appointed volunteers, guardians ad litem, attorneys ad
137	137	litem, foster parents, and caretakers;
138	138	(iv) [(D)] review the child's educational
139	139	records;
140	140	(v) [(E)] attend meetings of the child's
141	141	admission, review, and dismissal committee;
142	142	(vi) [(F)] exercise independent judgment
143	143	in pursuing the child's interests; and
144	144	(vii) [(G)] exercise the child's due
145	145	process rights under applicable state and federal law; and
146	146	(F) [(11) ensure that] each district develops a
147	147	process to be used by a teacher who instructs a student with a
148	148	disability in a regular classroom setting:
149	149	(i) [(A)] to request a review of the
150	150	student's individualized education program;
151	151	(ii) [(B)] to provide input in the
152	152	development of the student's individualized education program;
153	153	(iii) [(C)] that provides for a timely
154	154	district response to the teacher's request; and
155	155	(iv) [(D)] that provides for notification
156	156	to the student's parent or legal guardian of that response.
157	157	SECTION 4. Subchapter A, Chapter 29, Education Code, is
158	158	amended by adding Section 29.0012 to read as follows:
159	159	Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
160	160	least once each year, the board of trustees of a school district or
161	161	the governing body of an open-enrollment charter school shall
162	162	include during a public meeting the discussion of the performance
163	163	of students receiving special education services at the district or
164	164	school.
165	165	(b) The agency by rule shall adopt a set of performance
166	166	indicators for measuring and evaluating the quality of learning and
167	167	achievement for students receiving special education services at
168	168	the school district or open-enrollment charter school to be
169	169	considered at a meeting held under this section. The indicators
170	170	must include performance on the college, career, or military
171	171	readiness outcomes described by Section 48.110.
172	172	SECTION 5. Section 29.003, Education Code, is amended to
173	173	read as follows:
174	174	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
175	175	develop specific eligibility criteria based on the general
176	176	classifications established by this section and in accordance with
177	177	federal law [with reference to contemporary diagnostic or
178	178	evaluative terminologies and techniques]. Eligible students with
179	179	disabilities shall enjoy the right to a free appropriate public
180	180	education, which may include instruction in the regular classroom,
181	181	instruction through special teaching, or instruction through
182	182	contracts approved under this subchapter. Instruction shall be
183	183	supplemented by the provision of related services when appropriate.
184	184	(b) A student is eligible to participate in a school
185	185	district's special education program [if the student]:
186	186	(1) from birth through [is not more than] 21 years of
187	187	age if the student [and] has a visual [or auditory] impairment or is
188	188	deaf or hard of hearing and that disability prevents the student
189	189	from being adequately or safely educated in public school without
190	190	the provision of special education services; [or]
191	191	(2) from three years of age through five years of age
192	192	if the student is experiencing developmental delays as described by
193	193	20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
194	194	(3) from 3 years of age through [is at least three but
195	195	not more than] 21 years of age if the student [and] has one or more
196	196	of the [following] disabilities described by 20 U.S.C. Section
197	197	1401(3)(A) and that disability prevents the student from being
198	198	adequately or safely educated in public school without the
199	199	provision of special education services[:
200	200	[(A) physical disability;
201	201	[(B) intellectual or developmental disability;
202	202	[(C) emotional disturbance;
203	203	[(D) learning disability;
204	204	[(E) autism;
205	205	[(F) speech disability; or
206	206	[(G) traumatic brain injury].
207	207	SECTION 6. Subchapter A, Chapter 29, Education Code, is
208	208	amended by adding Section 29.0055 to read as follows:
209	209	Sec. 29.0055. LOCAL INTELLECTUAL AND DEVELOPMENTAL
210	210	DISABILITY AUTHORITY INFORMATION. At the meeting at which a child's
211	211	initial individualized education program is developed, the school
212	212	district shall provide to the child's parent the contact
213	213	information for the local intellectual and developmental
214	214	disability authority for the region in which the district is
215	215	located for use in discussing services or public benefits that may
216	216	provide additional support to the child.
217	217	SECTION 7. Subchapter A, Chapter 29 Education Code, is
218	218	amended by adding Section 29.0056 to read as follows:
219	219	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED
220	220	LIVING CENTERS. (a) At an admission, review, dismissal meeting
221	221	when residential placement is discussed, the school district shall
222	222	provide to the child's parent or legal guardian the information
223	223	regarding state supported living centers developed under
224	224	Subsection (b) for use in discussing possible residential options.
225	225	(b) The Health and Human Services Commission, in
226	226	collaboration with the agency and stakeholders representing the
227	227	full continuum of educational residential placement options, shall
228	228	develop materials to be provided to a parent of a child who may
229	229	qualify for placement in a state supported living center.
230	230	(c) The agency shall make the materials developed under
231	231	Subsection (b) available for school districts.
232	232	SECTION 8. Section 29.008, Education Code, is amended by
233	233	amending Subsections (a) and (b) and adding Subsection (a-1) to
234	234	read as follows:
235	235	(a) The commissioner shall establish a list of approved
236	236	public or private facilities, institutions, or agencies inside or
237	237	outside of this state that a [A] school district, shared services
238	238	arrangement unit, or regional education service center may contract
239	239	with [a public or private facility, institution, or agency inside
240	240	or outside of this state] for the provision of services to students
241	241	with disabilities in a residential placement. The commissioner may
242	242	approve either the whole or a part of a facility or program.
243	243	(a-1) Each contract described by this section [for
244	244	residential placement] must be approved by the commissioner. The
245	245	commissioner may approve a [residential placement] contract under
246	246	this section only after at least a programmatic evaluation of
247	247	personnel qualifications, costs, adequacy of physical plant and
248	248	equipment, and curriculum content. [The commissioner may approve
249	249	either the whole or a part of a facility or program.]
250	250	(b) Except as provided by Subsection (c), costs of an
251	251	approved contract for residential placement may be paid from a
252	252	combination of federal, state, and local funds. The local share of
253	253	the total contract cost for each student is that portion of the
254	254	local tax effort that exceeds the district's local fund assignment
255	255	under Section 48.256, divided by the average daily attendance in
256	256	the district. If the contract involves a private facility, the
257	257	state share of the total contract cost is that amount remaining
258	258	after subtracting the local share. If the contract involves a
259	259	public facility, the state share is that amount remaining after
260	260	subtracting the local share from the portion of the contract that
261	261	involves the costs of instructional and related services. For
262	262	purposes of this subsection, "local tax effort" means the total
263	263	amount of money generated by taxes imposed for debt service and
264	264	maintenance and operation less any amounts paid into a tax
265	265	increment fund under Chapter 311, Tax Code. This subsection
266	266	expires September 1, 2027.
267	267	SECTION 9. The heading to Section 29.009, Education Code,
268	268	is amended to read as follows:
269	269	Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
270	270	SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
271	271	DISABILITIES].
272	272	SECTION 10. Section 29.010, Education Code, is amended to
273	273	read as follows:
274	274	Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
275	275	agency shall develop [adopt] and implement a comprehensive system
276	276	for monitoring school district compliance with federal and state
277	277	laws relating to special education. The monitoring system must
278	278	include a comprehensive cyclical process and a targeted risk-based
279	279	process [provide for ongoing analysis of district special education
280	280	data and of complaints filed with the agency concerning special
281	281	education services and for inspections of school districts at
282	282	district facilities]. The agency shall establish criteria and
283	283	instruments for use in determining district compliance under this
284	284	section [use the information obtained through analysis of district
285	285	data and from the complaints management system to determine the
286	286	appropriate schedule for and extent of the inspection].
287	287	(b) As part of the monitoring process [To complete the
288	288	inspection], the agency must obtain information from parents and
289	289	teachers of students in special education programs in the district.
290	290	(c) The agency shall develop and implement a system of
291	291	interventions and sanctions for school districts the agency
292	292	identifies as being in noncompliance with [whose most recent
293	293	monitoring visit shows a failure to comply with major requirements
294	294	of] the Individuals with Disabilities Education Act (20 U.S.C.
295	295	Section 1400 et seq.), federal regulations, state statutes, or
296	296	agency requirements necessary to carry out federal law or
297	297	regulations or state law relating to special education.
298	298	(d) The agency shall establish a graduated process of
299	299	sanctions to apply to [For] districts that remain in noncompliance
300	300	for more than one year[, the first stage of sanctions shall begin
301	301	with annual or more frequent monitoring visits]. The [Subsequent]
302	302	sanctions shall [may] range in severity and may include [up to] the
303	303	withholding of funds. If funds are withheld, the agency may use the
304	304	funds to provide, through alternative arrangements, services to
305	305	students and staff members in the district from which the funds are
306	306	withheld.
307	307	(e) The agency's complaint management division shall
308	308	develop a system for expedited investigation and resolution of
309	309	complaints concerning a district's failure to provide special
310	310	education or related services to a student eligible to participate
311	311	in the district's special education program.
312	312	[(f) This section does not create an obligation for or
313	313	impose a requirement on a school district or open-enrollment
314	314	charter school that is not also created or imposed under another
315	315	state law or a federal law.]
316	316	SECTION 11. Effective September 1, 2024, Section 29.014(d),
317	317	Education Code, is amended to read as follows:
318	318	(d) The basic allotment for a student enrolled in a district
319	319	to which this section applies is adjusted by the tier of intensity
320	320	of service defined in accordance with [weight for a homebound
321	321	student under] Section 48.102 and designated by commissioner rule
322	322	for use under this section [48.102(a)].
323	323	SECTION 12. Section 29.018, Education Code, is amended by
324	324	adding Subsection (g) to read as follows:
325	325	(g) This section expires September 1, 2026.
326	326	SECTION 13. Sections 29.022(a), (a-1), (b), (c), (c-1),
327	327	(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended
328	328	to read as follows:
329	329	(a) In order to promote student safety, on receipt of a
330	330	written request authorized under Subsection (a-1), a school
331	331	district or open-enrollment charter school shall provide
332	332	equipment, including a video camera, to the school or schools in the
333	333	district or the charter school campus or campuses specified in the
334	334	request. A school or campus that receives equipment as provided by
335	335	this subsection shall place, operate, and maintain one or more
336	336	video cameras in special education [self-contained] classrooms and
337	337	other special education settings [in which a majority of the
338	338	students in regular attendance are provided special education and
339	339	related services and are assigned to one or more self-contained
340	340	classrooms or other special education settings for at least 50
341	341	percent of the instructional day], provided that:
342	342	(1) a school or campus that receives equipment as a
343	343	result of the request by a parent or staff member is required to
344	344	place equipment only in classrooms or settings in which the
345	345	parent's child is in regular attendance or to which the staff member
346	346	is assigned, as applicable; and
347	347	(2) a school or campus that receives equipment as a
348	348	result of the request by a board of trustees, governing body,
349	349	principal, or assistant principal is required to place equipment
350	350	only in classrooms or settings identified by the requestor, if the
351	351	requestor limits the request to specific classrooms or settings
352	352	subject to this subsection.
353	353	(a-1) For purposes of Subsection (a):
354	354	(1) a parent of a child who receives special education
355	355	services in one or more special education [self-contained]
356	356	classrooms or other special education settings may request in
357	357	writing that equipment be provided to the school or campus at which
358	358	the child receives those services;
359	359	(2) a board of trustees or governing body may request
360	360	in writing that equipment be provided to one or more specified
361	361	schools or campuses at which one or more children receive special
362	362	education services in special education [self-contained]
363	363	classrooms or other special education settings;
364	364	(3) the principal or assistant principal of a school
365	365	or campus at which one or more children receive special education
366	366	services in special education [self-contained] classrooms or other
367	367	special education settings may request in writing that equipment be
368	368	provided to the principal's or assistant principal's school or
369	369	campus; and
370	370	(4) a staff member assigned to work with one or more
371	371	children receiving special education services in special education
372	372	[self-contained] classrooms or other special education settings
373	373	may request in writing that equipment be provided to the school or
374	374	campus at which the staff member works.
375	375	(b) A school or campus that places a video camera in a
376	376	special education classroom or other special education setting in
377	377	accordance with Subsection (a) shall operate and maintain the video
378	378	camera in the classroom or setting, as long as the classroom or
379	379	setting continues to satisfy the requirements under Subsection (a),
380	380	for the remainder of the school year in which the school or campus
381	381	received the request, unless the requestor withdraws the request in
382	382	writing. If for any reason a school or campus will discontinue
383	383	operation of a video camera during a school year, not later than the
384	384	fifth school day before the date the operation of the video camera
385	385	will be discontinued, the school or campus must notify the parents
386	386	of each student in regular attendance in the classroom or setting
387	387	that operation of the video camera will not continue unless
388	388	requested by a person eligible to make a request under Subsection
389	389	(a-1). Not later than the 10th school day before the end of each
390	390	school year, the school or campus must notify the parents of each
391	391	student in regular attendance in the classroom or setting that
392	392	operation of the video camera will not continue during the
393	393	following school year unless a person eligible to make a request for
394	394	the next school year under Subsection (a-1) submits a new request.
395	395	(c) Except as provided by Subsection (c-1), video cameras
396	396	placed under this section must be capable of:
397	397	(1) covering all areas of the special education
398	398	classroom or other special education setting, including a room
399	399	attached to the classroom or setting used for time-out; and
400	400	(2) recording audio from all areas of the special
401	401	education classroom or other special education setting, including a
402	402	room attached to the classroom or setting used for time-out.
403	403	(c-1) The inside of a bathroom or any area in the special
404	404	education classroom or other special education setting in which a
405	405	student's clothes are changed may not be visually monitored, except
406	406	for incidental coverage of a minor portion of a bathroom or changing
407	407	area because of the layout of the classroom or setting.
408	408	(d) Before a school or campus activates a video camera in a
409	409	special education classroom or other special education setting
410	410	under this section, the school or campus shall provide written
411	411	notice of the placement to all school or campus staff and to the
412	412	parents of each student attending class or engaging in school
413	413	activities in the classroom or setting.
414	414	(f) A school district or open-enrollment charter school may
415	415	solicit and accept gifts, grants, and donations from any person for
416	416	use in placing video cameras in special education classrooms or
417	417	other special education settings under this section.
418	418	(h) A school district or open-enrollment charter school may
419	419	not:
420	420	(1) allow regular or continual monitoring of video
421	421	recorded under this section; or
422	422	(2) use video recorded under this section for teacher
423	423	evaluation or for any other purpose other than the promotion of
424	424	safety of students receiving special education services in a
425	425	special education [self-contained] classroom or other special
426	426	education setting.
427	427	(k) The commissioner may adopt rules to implement and
428	428	administer this section, including rules regarding the special
429	429	education classrooms and other special education settings to which
430	430	this section applies.
431	431	(l) A school district or open-enrollment charter school
432	432	policy relating to the placement, operation, or maintenance of
433	433	video cameras under this section must:
434	434	(1) include information on how a person may appeal an
435	435	action by the district or school that the person believes to be in
436	436	violation of this section or a policy adopted in accordance with
437	437	this section, including the appeals process under Section 7.057;
438	438	(2) require that the district or school provide a
439	439	response to a request made under this section not later than the
440	440	seventh school business day after receipt of the request by the
441	441	person to whom it must be submitted under Subsection (a-3) that
442	442	authorizes the request or states the reason for denying the
443	443	request;
444	444	(3) except as provided by Subdivision (5), require
445	445	that a school or a campus begin operation of a video camera in
446	446	compliance with this section not later than the 45th school
447	447	business day, or the first school day after the 45th school business
448	448	day if that day is not a school day, after the request is authorized
449	449	unless the agency grants an extension of time;
450	450	(4) permit the parent of a student whose admission,
451	451	review, and dismissal committee has determined that the student's
452	452	placement for the following school year will be in a special
453	453	education classroom or other special education setting in which a
454	454	video camera may be placed under this section to make a request for
455	455	the video camera by the later of:
456	456	(A) the date on which the current school year
457	457	ends; or
458	458	(B) the 10th school business day after the date
459	459	of the placement determination by the admission, review, and
460	460	dismissal committee; and
461	461	(5) if a request is made by a parent in compliance with
462	462	Subdivision (4), unless the agency grants an extension of time,
463	463	require that a school or campus begin operation of a video camera in
464	464	compliance with this section not later than the later of:
465	465	(A) the 10th school day of the fall semester; or
466	466	(B) the 45th school business day, or the first
467	467	school day after the 45th school business day if that day is not a
468	468	school day, after the date the request is made.
469	469	(s) This section applies to the placement, operation, and
470	470	maintenance of a video camera in a special education
471	471	[self-contained] classroom or other special education setting
472	472	during the regular school year and extended school year services.
473	473	(t) A video camera placed under this section is not required
474	474	to be in operation for the time during which students are not
475	475	present in the special education classroom or other special
476	476	education setting.
477	477	SECTION 14. Sections 29.022(u)(3) and (4), Education Code,
478	478	are amended to read as follows:
479	479	(3) "Special education classroom or other special
480	480	education setting" means a classroom or setting primarily used for
481	481	delivering special education services to students who spend on
482	482	average less than 40 percent of an instructional day in a general
483	483	education classroom or setting ["Self-contained classroom" does
484	484	not include a classroom that is a resource room instructional
485	485	arrangement under Section 48.102].
486	486	(4) "Staff member" means a teacher, related service
487	487	provider, paraprofessional, counselor, or educational aide
488	488	assigned to work in a special education [self-contained] classroom
489	489	or other special education setting.
490	490	SECTION 15. Section 29.026(i), Education Code, is amended
491	491	to read as follows:
492	492	(i) A program selected to receive a grant under this section
493	493	is [The commissioner shall select programs and award grant funds to
494	494	those programs beginning in the 2018-2019 school year. The
495	495	selected programs are] to be funded for two years.
496	496	SECTION 16. Section 29.027(d), Education Code, is amended
497	497	to read as follows:
498	498	(d) A grant under this section is [The commissioner shall
499	499	select grant recipients and award grant funds beginning in the
500	500	2021-2022 school year. The grants are] to be awarded for two years.
501	501	SECTION 17. Subchapter A, Chapter 29, Education Code, is
502	502	amended by adding Section 29.029 to read as follows:
503	503	Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
504	504	STAFF. (a) From funds appropriated or otherwise available for the
505	505	purpose, the agency shall provide grants to school districts and
506	506	open-enrollment charter schools to increase the number of qualified
507	507	and appropriately credentialed special education staff, including
508	508	special education teachers, special education paraprofessionals,
509	509	evaluation personnel, ancillary instruction personnel, and related
510	510	service personnel.
511	511	(b) A school district or open-enrollment charter school
512	512	that receives a grant under this section shall require each person
513	513	the district or school uses the grant money to assist in becoming
514	514	licensed, certified, or otherwise credentialed as described by
515	515	Subsection (a) to work at the district or school for a period
516	516	established by commissioner rule.
517	517	(c) The commissioner shall adopt rules establishing the
518	518	period of required employment described by Subsection (b) and any
519	519	other rules necessary to implement this section.
520	520	SECTION 18. The heading to Subchapter A-1, Chapter 29,
521	521	Education Code, is amended to read as follows:
522	522	SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
523	523	SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION Services
524	524	[PROGRAM]
525	525	SECTION 19. Sections 29.041(2) and (3), Education Code, are
526	526	amended to read as follows:
527	527	(2) "Supplemental [special education] instructional
528	528	materials" includes textbooks, computer hardware or software,
529	529	other technological devices, and other materials suitable for
530	530	addressing an educational need of a student receiving special
531	531	education services under Subchapter A.
532	532	(3) "Supplemental [special education] services" means
533	533	an additive service that provides an educational benefit to a
534	534	student receiving special education services under Subchapter A,
535	535	including:
536	536	(A) occupational therapy, physical therapy, and
537	537	speech therapy; and
538	538	(B) private tutoring and other supplemental
539	539	private instruction or programs.
540	540	SECTION 20. Sections 29.042(a), (c), and (d) Education
541	541	Code, are amended to read as follows:
542	542	(a) The agency by rule shall establish and administer a
543	543	parent-directed [supplemental special education services and
544	544	instructional materials] program for students receiving special
545	545	education services, through which a parent may direct supplemental
546	546	services and supplemental instructional materials for the parent's
547	547	student [students] who meets [meet] the eligibility requirements
548	548	for participation in the program. Subject to Subsection (c), the
549	549	agency shall provide each student approved as provided by this
550	550	subchapter a grant in accordance with Section 48.305 [of not more
551	551	than $1,500] to purchase supplemental [special education] services
552	552	and supplemental [special education] instructional materials.
553	553	(c) [The commissioner shall set aside an amount not to
554	554	exceed $30 million from the total amount of funds appropriated for
555	555	each state fiscal year to fund the program under this section. For
556	556	each state fiscal year, the total amount provided for student
557	557	grants under Subsection (a) may not exceed the amount set aside by
558	558	the commissioner under this subsection].
559	559	[(d)] The agency shall designate one or more regional
560	560	education service centers to administer the program.
561	561	SECTION 21. Section 29.045, Education Code, is amended to
562	562	read as follows:
563	563	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
564	564	ACCOUNT. The [Subject to available funding the] agency shall
565	565	approve each student who meets the program eligibility criteria
566	566	established under Section 29.044 and assign to the student an
567	567	account maintained under Section 29.042(b). The account may only
568	568	be used by the student's parent to purchase supplemental [special
569	569	education] services or supplemental [special education]
570	570	instructional materials for the student, subject to Sections 29.046
571	571	and 29.047.
572	572	SECTION 22. Sections 29.046(a) and (b), Education Code, are
573	573	amended to read as follows:
574	574	(a) Money in an account assigned to a student under Section
575	575	29.045 may be used only for supplemental [special education]
576	576	services and supplemental [special education] instructional
577	577	materials.
578	578	(b) Supplemental [special education] services must be
579	579	provided by an agency-approved provider.
580	580	SECTION 23. Sections 29.047(a), (c), (d), and (e),
581	581	Education Code, are amended to read as follows:
582	582	(a) The agency shall establish criteria necessary for
583	583	agency approval for each category of provider of a professional
584	584	service that is a supplemental [special education] service, as
585	585	identified by the agency.
586	586	(c) The agency shall provide a procedure for providers of
587	587	supplemental [special education] services to apply to the agency to
588	588	become an agency-approved provider.
589	589	(d) The agency may establish criteria for agency approval of
590	590	vendors for each category of supplemental [special education]
591	591	instructional materials identified by the agency.
592	592	(e) If the agency establishes criteria for agency approval
593	593	for a vendor of a category of supplemental [special education]
594	594	instructional materials, the agency shall provide a procedure for
595	595	vendors of that category to apply to the agency to become an
596	596	agency-approved vendor.
597	597	SECTION 24. Section 29.048, Education Code, is amended to
598	598	read as follows:
599	599	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
600	600	DUTIES. (a) A student's admission, review, and dismissal
601	601	committee shall develop a student's individualized education
602	602	program under Section 29.005, in compliance with the Individuals
603	603	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
604	604	without consideration of any supplemental [special education]
605	605	services or supplemental instructional materials that may be
606	606	provided under the program under this subchapter.
607	607	(b) Unless the district first verifies that an account has
608	608	been assigned to the student under Section 29.045, the [The]
609	609	admission, review, and dismissal committee of a student approved
610	610	for participation in the program shall provide to the student's
611	611	parent at an admission, review, and dismissal committee meeting for
612	612	the student:
613	613	(1) information regarding the types of supplemental
614	614	[special education] services or supplemental instructional
615	615	materials available under the program and provided by
616	616	agency-approved providers for which an account maintained under
617	617	Section 29.042(b) for the student may be used; and
618	618	(2) instructions regarding accessing an account
619	619	described by Subdivision (1).
620	620	SECTION 25. Subchapter A-1, Chapter 29, Education Code, is
621	621	amended by adding Section 29.0485 to read as follows:
622	622	Sec. 29.0485. DETERMINATION OF COMMISSIONER
623	623	FINAL. Notwithstanding Section 7.057, a determination of the
624	624	commissioner under this subchapter or Section 48.305 is final and
625	625	may not be appealed.
626	626	SECTION 26. Section 29.049, Education Code, is amended to
627	627	read as follows:
628	628	Sec. 29.049. RULES. The commissioner shall adopt rules as
629	629	necessary to administer the supplemental [special education]
630	630	services and supplemental instructional materials program under
631	631	this subchapter.
632	632	SECTION 27. Section 29.315, Education Code, is amended to
633	633	read as follows:
634	634	Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
635	635	UNDERSTANDING. The agency [Texas Education Agency] and the Texas
636	636	School for the Deaf shall develop[, agree to, and by commissioner
637	637	rule adopt no later than September 1, 1998,] a memorandum of
638	638	understanding to establish:
639	639	(1) the method for developing and reevaluating a set
640	640	of indicators of the quality of learning at the Texas School for the
641	641	Deaf;
642	642	(2) the process for the agency to conduct and report on
643	643	an annual evaluation of the school's performance on the indicators;
644	644	(3) the requirements for the school's board to
645	645	publish, discuss, and disseminate an annual report describing the
646	646	educational performance of the school;
647	647	(4) the process for the agency to assign an
648	648	accreditation status to the school, to reevaluate the status on an
649	649	annual basis, and, if necessary, to conduct monitoring reviews; and
650	650	(5) the type of information the school shall be
651	651	required to provide through the Public Education Information
652	652	Management System (PEIMS).
653	653	SECTION 28. Section 29.316(c), Education Code, is amended
654	654	to read as follows:
655	655	(c) Not later than August 31 of each year, the agency, the
656	656	division, and the center jointly shall prepare and post on the
657	657	agency's, the division's, and the center's respective Internet
658	658	websites a report on the language acquisition of children eight
659	659	years of age or younger who are deaf or hard of hearing. The report
660	660	must:
661	661	(1) include:
662	662	(A) existing data reported in compliance with
663	663	federal law regarding children with disabilities; and
664	664	(B) information relating to the language
665	665	acquisition of children who are deaf or hard of hearing and also
666	666	have other disabilities;
667	667	(2) state for each child:
668	668	(A) the percentage of the instructional day
669	669	[arrangement used with the child, as described by Section 48.102,
670	670	including the time] the child spends on average in a general
671	671	education setting [mainstream instructional arrangement];
672	672	(B) the specific language acquisition services
673	673	provided to the child, including:
674	674	(i) the time spent providing those
675	675	services; and
676	676	(ii) a description of any hearing
677	677	amplification used in the delivery of those services, including:
678	678	(a) the type of hearing amplification
679	679	used;
680	680	(b) the period of time in which the
681	681	child has had access to the hearing amplification; and
682	682	(c) the average amount of time the
683	683	child uses the hearing amplification each day;
684	684	(C) the tools or assessments used to assess the
685	685	child's language acquisition and the results obtained;
686	686	(D) the preferred unique communication mode used
687	687	by the child at home; and
688	688	(E) the child's age, race, and gender, the age at
689	689	which the child was identified as being deaf or hard of hearing, and
690	690	any other relevant demographic information the commissioner
691	691	determines to likely be correlated with or have an impact on the
692	692	child's language acquisition;
693	693	(3) compare progress in English literacy made by
694	694	children who are deaf or hard of hearing to progress in that subject
695	695	made by children of the same age who are not deaf or hard of hearing,
696	696	by appropriate age range; and
697	697	(4) be redacted as necessary to comply with state and
698	698	federal law regarding the confidentiality of student medical or
699	699	educational information.
700	700	SECTION 29. Chapter 29, Education Code, is amended by
701	701	adding Subchapter J to read as follows:
702	702	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
703	703	Sec. 29.351. DEFINITIONS. In this subchapter:
704	704	(1) "Account" means an education savings account
705	705	established under the program.
706	706	(2) "Child with a disability" means a child who is:
707	707	(A) eligible to participate in a school
708	708	district's special education program under Section 29.003; or
709	709	(B) covered by Section 504, Rehabilitation Act of
710	710	1973 (29 U.S.C. Section 794).
711	711	(3) "Curriculum" means a complete course of study for
712	712	a particular content area or grade level.
713	713	(4) "Financial institution" means a bank, credit
714	714	union, savings bank, or savings and loan association organized
715	715	under the laws of this state, the laws of another state, or federal
716	716	law that has its main office or a branch office in this state. The
717	717	term does not include any institution the deposits of which are not
718	718	insured by the Federal Deposit Insurance Corporation or the
719	719	National Credit Union Administration.
720	720	(5) "Institution of higher education" and "private or
721	721	independent institution of higher education" have the meanings
722	722	assigned by Section 61.003.
723	723	(6) "Parent" means a resident of this state who is a
724	724	natural or adoptive parent, managing or possessory conservator,
725	725	legal guardian, custodian, or other person with legal authority to
726	726	act on behalf of a child.
727	727	(7) "Program" means the education savings account
728	728	program established under this subchapter.
729	729	(8) "Program participant" means a child and a parent
730	730	of a child enrolled in the program.
731	731	Sec. 29.352. PURPOSES. The purposes of the education
732	732	savings account program are to:
733	733	(1) improve public schools and overall academic
734	734	performance;
735	735	(2) promote efficiency;
736	736	(3) promote and preserve the liberties and rights of
737	737	the people; and
738	738	(4) increase parental choice in learning
739	739	opportunities and supports.
740	740	Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The agency
741	741	shall establish and administer an education savings account
742	742	program to provide funding for certain education-related expenses
743	743	of eligible children.
744	744	(b) The agency shall ensure that information about the
745	745	program is readily available to parents of children with
746	746	disabilities and the public through various sources, including the
747	747	agency's Internet website. The information made available to
748	748	parents of children with disabilities must include a notice that:
749	749	(1) states that a private school is not subject to laws
750	750	regarding the provision of educational services in the same manner
751	751	as a public school, and a child with a disability attending a
752	752	private school may not receive the services a child with a
753	753	disability attending a public school is entitled to receive under
754	754	federal and state law;
755	755	(2) provides information regarding rights to which a
756	756	child with a disability is entitled under federal and state law if
757	757	the child attends a public school, including:
758	758	(A) rights provided under the Individuals with
759	759	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
760	760	including:
761	761	(i) an individualized education program
762	762	that provides a free and appropriate public education;
763	763	(ii) educational services provided in the
764	764	least restrictive environment;
765	765	(iii) instruction from certified teachers;
766	766	(iv) dispute resolution options Section to
767	767	ensure proper and full implementation of an individualized
768	768	education program;
769	769	(v) transition and planning services; and
770	770	(vi) supplementary aids and services;
771	771	(B) rights provided under Subchapter A; and
772	772	(C) other rights provided under federal or state
773	773	law; and
774	774	(3) provides information regarding the program,
775	775	including:
776	776	(A) the operation of an account;
777	777	(B) expenses allowed under Section 29.357 and the
778	778	consequences for using money in an account on expenses that are not
779	779	allowed under that section; and
780	780	(C) common service offerings.
781	781	Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to
782	782	participate in the program if the child:
783	783	(1) is a child with a disability;
784	784	(2) is eligible to attend a public school under
785	785	Section 25.001; and
786	786	(3) meets at least one of the following criteria:
787	787	(A) was enrolled in a public school in this state
788	788	for a period of at least six weeks during the preceding or current
789	789	school year;
790	790	(B) was required to attend school under Section
791	791	25.085 for a period of less than six weeks during the preceding and
792	792	current school year due to the child's age or nonresidence in this
793	793	state; or
794	794	(C) participated in the program during the
795	795	preceding school year.
796	796	(b) A child who establishes eligibility under this section
797	797	may participate in the program until the earliest of the following
798	798	dates:
799	799	(1) the date on which the child graduates from high
800	800	school;
801	801	(2) the date on which the child is no longer eligible
802	802	to attend a public school under Section 25.001;
803	803	(3) the date on which the child enrolls in a public
804	804	school, including an open-enrollment charter school; or
805	805	(4) the date on which the child is declared ineligible
806	806	for the program by the commissioner under this subchapter.
807	807	(c) Notwithstanding Subsection (b), the commissioner shall
808	808	establish a process for, in the least disruptive manner possible:
809	809	(1) a child participating in the program to cease
810	810	participation and enroll in a public school, including an
811	811	open-enrollment charter school; and
812	812	(2) a child who previously participated in the program
813	813	and subsequently enrolled in a public school, including an
814	814	open-enrollment charter school, to resume participation in the
815	815	program.
816	816	Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an
817	817	eligible child may enroll the child in the program for the following
818	818	school year.
819	819	(b) The commissioner shall by rule create an enrollment
820	820	application for the program and make the enrollment application
821	821	readily available to interested parents through various sources,
822	822	including the agency's Internet website. An enrollment application
823	823	for the program must be submitted to the commissioner
824	824	electronically.
825	825	(c) The commissioner shall post on the agency's Internet
826	826	website and provide to each parent who submits an enrollment
827	827	application a publication that describes the operation of the
828	828	program, including:
829	829	(1) expenses allowed under the program under Section
830	830	29.357;
831	831	(2) expense reporting requirements; and
832	832	(3) a description of the responsibilities of program
833	833	participants and the duties of the commissioner under this
834	834	subchapter.
835	835	(d) The commissioner shall provide to each parent who
836	836	submits an enrollment application a written copy of the notice
837	837	described by Section 29.353(b). Before the parent may receive
838	838	funding under the program, the parent must sign an acknowledgment
839	839	of receipt and understanding of the notice and return the signed
840	840	acknowledgment to the commissioner.
841	841	Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive
842	842	funding under the program, a parent of an eligible child must agree
843	843	to:
844	844	(1) spend funds received through the program only for
845	845	expenses allowed under Section 29.357;
846	846	(2) notify the commissioner if the child enrolls in a
847	847	public school, including an open-enrollment charter school, not
848	848	later than the 30th day after the date of enrollment;
849	849	(3) provide to the commissioner information necessary
850	850	to determine the child's eligibility and the amount to which the
851	851	child is entitled under the program;
852	852	(4) ensure that the child's quality of learning is
853	853	appropriately measured in accordance with Subsection (d) and
854	854	commissioner rule and report the results to the agency; and
855	855	(5) inform the commissioner if the child graduates
856	856	from high school.
857	857	(b) The parent of a child participating in the program is
858	858	the trustee of the child's account.
859	859	(c) The commissioner shall provide annually to each program
860	860	participant the publication provided under Section 29.355(c).
861	861	(d) The commissioner shall adopt a list of approved
862	862	instruments that allow for a comparison between the quality of
863	863	educational attainment for a child participating in the program and
864	864	for students in other educational placements. To the extent
865	865	practicable, the list must include nationally norm-referenced
866	866	assessments and assessment instruments adopted under Section
867	867	39.023. A child's performance on an instrument approved under this
868	868	subsection for measuring a child's quality of learning may not be
869	869	considered in determining the child's eligibility to participate in
870	870	the program.
871	871	Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES. (a)
872	872	Funds received under the program may be used only for the following
873	873	expenses incurred by a program participant:
874	874	(1) tuition and fees:
875	875	(A) at a private school accredited by an entity
876	876	recognized by the commissioner as an accrediting entity for private
877	877	schools in this state;
878	878	(B) at an institution of higher education or a
879	879	private or independent institution of higher education;
880	880	(C) for an online educational course or program;
881	881	or
882	882	(D) for a program that provides training for an
883	883	industry-based certification;
884	884	(2) the purchase of textbooks or other instructional
885	885	materials required by a school, institution, course, or program
886	886	described by Subdivision (1) in which the child is enrolled;
887	887	(3) fees for classes or other educational services
888	888	provided by a public school, including an open-enrollment charter
889	889	school, if the classes or services do not qualify the child to be
890	890	included in the school's average daily attendance;
891	891	(4) fees for services provided by a private tutor or
892	892	teaching service;
893	893	(5) fees paid to a vendor for transportation to and
894	894	from school, not to exceed $500 per year;
895	895	(6) fees for educational therapies or services
896	896	provided by a practitioner or provider;
897	897	(7) costs of computer hardware and software and other
898	898	technological devices prescribed to facilitate a child's education
899	899	by a physician, therapist, or other licensed service provider;
900	900	(8) fees for a nationally norm-referenced achievement
901	901	test or examination, an assessment instrument adopted under Section
902	902	39.023, an advanced placement test or similar examination, an
903	903	examination related to college or university admission, or any
904	904	other instrument included on the agency's list under Section
905	905	29.356(d);
906	906	(9) fees for the management of the participant's
907	907	account charged by a financial institution;
908	908	(10) costs of breakfast or lunch provided to a child
909	909	during the school day by a private school;
910	910	(11) the purchase of school uniforms required by a
911	911	private school;
912	912	(12) costs of a school-age program, as defined by
913	913	Section 42.002, Human Resources Code; and
914	914	(13) costs of a youth camp licensed under Chapter 141,
915	915	Health and Safety Code, that provides educational services.
916	916	(b) Expenses allowed under Subsection (a) do not include
917	917	expenses for:
918	918	(1) consumable supplies, including paper, pens,
919	919	pencils, folders, and notebooks; or
920	920	(2) food, other than breakfast or lunch as authorized
921	921	under Subsection (a)(10).
922	922	(c) Any money remaining in a program participant's account
923	923	on the child's graduation from high school may be used by the child
924	924	for tuition, fees, textbooks, and other instructional materials to
925	925	attend or take courses from an institution of higher education or a
926	926	private or independent institution of higher education.
927	927	(d) An education service provider or vendor of educational
928	928	products must provide a program participant with a receipt for each
929	929	expense allowed under Subsection (a) charged by the provider or
930	930	vendor to the participant.
931	931	(e) The content, subject to Section 29.364(c), or religious
932	932	nature of a product or service may not be considered in determining
933	933	whether a payment for the product or service is an expense allowed
934	934	under Subsection (a).
935	935	(f) A finding that a program participant used funds
936	936	distributed under the program to pay for an expense not allowed
937	937	under Subsection (a) does not affect the validity of any payment
938	938	made by the participant for an expense that is allowed under that
939	939	subsection.
940	940	Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent of
941	941	an eligible child shall receive each year that the child
942	942	participates in the program a payment from the state to the child's
943	943	account in an amount in accordance with Section 48.306.
944	944	(b) Money in an account may not be considered to be the
945	945	property of a program participant and may be spent only in
946	946	accordance with this subchapter.
947	947	(c) Any funds remaining in a child's account at the end of a
948	948	fiscal year are carried forward to the next fiscal year unless
949	949	another provision of this subchapter mandates the closure of the
950	950	account.
951	951	(d) The parent of a child participating in the program may
952	952	make payments for the expenses of educational programs, services,
953	953	and products not covered by funds in the child's account.
954	954	Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The
955	955	commissioner may contract with one or more financial institutions
956	956	or other entities that accept fiduciary responsibility to establish
957	957	and manage an account for each child participating in the program.
958	958	A program participant must be able to access the participant's
959	959	account by using an online or electronic transfer payment service.
960	960	(b) The commissioner shall make quarterly payments to each
961	961	program participant's account in equal amounts, with the first
962	962	payment for each school year made on September 1 and the remaining
963	963	payments made on or before the 15th days of November, February, and
964	964	May.
965	965	(c) After the end of each fiscal year, the commissioner
966	966	shall reconcile payments made to and from all accounts under the
967	967	program.
968	968	(d) On the earlier of the child's 26th birthday or the sixth
969	969	anniversary of the child's graduation from high school, the child's
970	970	account is closed and any remaining funds are returned to the state.
971	971	(e) The commissioner may contract with an entity to
972	972	administer all or any part of the program.
973	973	(f) An entity responsible for managing accounts:
974	974	(1) shall ensure that each expenditure from an account
975	975	is for an expense allowed under Section 29.357; and
976	976	(2) may require a program participant to submit any
977	977	information necessary to make the determination described by
978	978	Subdivision (1).
979	979	Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The
980	980	commissioner may randomly audit accounts as necessary to ensure
981	981	compliance with applicable law and the requirements of the program.
982	982	The commissioner may contract with another entity to audit accounts
983	983	under this section.
984	984	(b) In auditing an account, the commissioner or an entity
985	985	contracted to audit accounts under this section may require that a
986	986	program participant provide further information and documentation
987	987	regarding any payment from the participant's account.
988	988	(c) An entity contracted to audit accounts under this
989	989	section shall report to the commissioner any violation of this
990	990	subchapter or other relevant law found by the entity during an audit
991	991	conducted under this section.
992	992	Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The commissioner
993	993	shall suspend the account of a program participant who fails to
994	994	comply with applicable law or a requirement of the program,
995	995	including a requirement under Section 29.356(a), or who
996	996	substantially misuses funds received under the program.
997	997	(b) On suspension of an account under Subsection (a), the
998	998	commissioner shall notify the program participant in writing that
999	999	the account has been suspended and that no further payments may be
1000	1000	made from the account. The notification must specify the grounds
1001	1001	for the suspension and state that the participant has 10 business
1002	1002	days to respond and take any corrective action required by the
1003	1003	commissioner.
1004	1004	(c) On the expiration of the 10-day period under Subsection
1005	1005	(b), the commissioner shall:
1006	1006	(1) order permanent closure of the suspended account
1007	1007	and declare the program participant ineligible for the program;
1008	1008	(2) order temporary reinstatement of the account,
1009	1009	conditioned on the performance of a specified action by the
1010	1010	participant; or
1011	1011	(3) order full reinstatement of the account.
1012	1012	(d) The commissioner may recover funds distributed under
1013	1013	the program that were used for expenses not allowed under Section
1014	1014	29.357(a) from the program participant or the entity that received
1015	1015	the funds if the participant's account is suspended or closed under
1016	1016	this section.
1017	1017	Sec. 29.362. LIMITATION ON AMOUNTS CHARGED; REFUND
1018	1018	PROHIBITED. (a) An education service provider may not:
1019	1019	(1) charge a child participating in the program an
1020	1020	amount greater than the standard amount charged for that service by
1021	1021	the provider; or
1022	1022	(2) increase the amount charged to a child
1023	1023	participating in the program for a service:
1024	1024	(A) if the total amount charged to the child for
1025	1025	that service by the provider during the preceding year was less than
1026	1026	two-thirds of the amount deposited in the child's account for that
1027	1027	year, to an amount that exceeds two-thirds of the amount deposited
1028	1028	in the child's account for the current year; or
1029	1029	(B) if the total amount charged to the child for
1030	1030	that service by the provider during the preceding year was
1031	1031	two-thirds or more of the amount deposited in the child's account
1032	1032	for that year, by more than five percent of the amount charged to
1033	1033	the child for that service by the provider during the preceding
1034	1034	year.
1035	1035	(b) An education service provider or a vendor of educational
1036	1036	products receiving funds distributed under the program may not in
1037	1037	any manner rebate, refund, or credit to or share with a program
1038	1038	participant, or any person on behalf of a participant, any program
1039	1039	funds paid or owed by the participant to the provider or vendor.
1040	1040	Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the
1041	1041	commissioner obtains evidence of fraudulent use of an account, the
1042	1042	commissioner may refer the case to the attorney general for
1043	1043	investigation.
1044	1044	(b) With the consent of the appropriate local county or
1045	1045	district attorney, the attorney general has concurrent
1046	1046	jurisdiction with the consenting local prosecutor to prosecute an
1047	1047	offense referred to the attorney general under Subsection (a).
1048	1048	Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive
1049	1049	funds distributed under the program, a private school must be
1050	1050	accredited by an entity recognized by the commissioner as an
1051	1051	accrediting entity for private schools in this state.
1052	1052	(b) To receive funds distributed under the program, an
1053	1053	education service provider that provides a full course load to a
1054	1054	child participating in the program must administer to the child an
1055	1055	instrument included on the list adopted by the commissioner under
1056	1056	Section 29.356(d) and report the results to the agency.
1057	1057	(c) A practitioner or provider who provides educational
1058	1058	therapies or services must be licensed or accredited by a regional
1059	1059	or national accrediting organization to receive funds distributed
1060	1060	under the program.
1061	1061	(d) A private tutor, teaching service, online educational
1062	1062	course or program provider, or industry-based certification
1063	1063	training provider must apply to and be approved by the agency to
1064	1064	receive funds distributed under the program.
1065	1065	(e) To be eligible for approval under Subsection (d), a
1066	1066	private tutor or each employee of a teaching service who intends to
1067	1067	provide educational services to a program participant must:
1068	1068	(1) complete a national criminal history record
1069	1069	information review; or
1070	1070	(2) provide to the agency documentation indicating
1071	1071	that the tutor or employee, as applicable, has completed a national
1072	1072	criminal history record information review within a period
1073	1073	established by commissioner rule.
1074	1074	(f) The agency shall review the national criminal history
1075	1075	record information or documentation for each private tutor or
1076	1076	employee of a teaching service who submits an application under
1077	1077	Subsection (d). The tutor or employee must provide the agency with
1078	1078	any information requested by the agency to enable the agency to
1079	1079	complete the review.
1080	1080	(g) The agency shall maintain and post on the agency's
1081	1081	Internet website a list of private tutors, teaching services,
1082	1082	online educational course or program providers, and industry-based
1083	1083	certification training providers approved to receive funds
1084	1084	distributed under the program.
1085	1085	(h) A private tutor, teaching service, online educational
1086	1086	course or program provider, or industry-based certification
1087	1087	training provider may appeal the agency's rejection of an
1088	1088	application submitted under Subsection (d). The agency shall
1089	1089	review the application and make a recommendation to the
1090	1090	commissioner regarding whether to approve or reject the
1091	1091	application. A decision of the commissioner under this section is
1092	1092	final and may not be appealed.
1093	1093	Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
1094	1094	AUTONOMY. (a) An education service provider or vendor of
1095	1095	educational products that receives funds distributed under the
1096	1096	program is not an agent of the state.
1097	1097	(b) Except as provided by this subchapter, the
1098	1098	commissioner, the agency, the State Board of Education, any other
1099	1099	state agency, or any school district may not:
1100	1100	(1) regulate the educational program of an education
1101	1101	service provider or vendor of educational products that receives
1102	1102	funds distributed under the program; or
1103	1103	(2) exercise control or supervision over a program
1104	1104	participant or an education service provider or vendor of
1105	1105	educational products that receives funds distributed under the
1106	1106	program.
1107	1107	(c) The program does not expand the regulatory authority of
1108	1108	the state or any school district to impose any additional
1109	1109	regulation on an education service provider or vendor of
1110	1110	educational products except those reasonably necessary to enforce
1111	1111	the program as provided by this subchapter.
1112	1112	(d) A private school may not be required to modify the
1113	1113	school's creed, practices, admissions policies, curriculum,
1114	1114	performance standards, or assessments to receive funds distributed
1115	1115	under the program.
1116	1116	(e) A private school voluntarily selected by a parent for
1117	1117	the parent's child to attend, with or without governmental
1118	1118	assistance, may not be required to comply with any state law or rule
1119	1119	governing the applicable educational program that was not in effect
1120	1120	on January 1, 2023.
1121	1121	(f) In any proceeding challenging a rule adopted by a state
1122	1122	agency or officer under this subchapter, the agency or officer has
1123	1123	the burden of proof to establish that the rule:
1124	1124	(1) is necessary to implement or enforce the program
1125	1125	as provided by this subchapter; and
1126	1126	(2) does not impose an undue burden on a program
1127	1127	participant or an education service provider or vendor of
1128	1128	educational products that receives or seeks to receive funds
1129	1129	distributed under the program.
1130	1130	Sec. 29.366. STUDENT RECORDS AND INFORMATION. On request
1131	1131	by the parent of a child participating in the program, the school
1132	1132	district or open-enrollment charter school that the child would
1133	1133	otherwise attend shall provide a copy of the child's school records
1134	1134	possessed by the district or school, if any, to the child's parent
1135	1135	or, if applicable, the private school the child attends.
1136	1136	Sec. 29.367. ANNUAL SURVEY. The commissioner may conduct
1137	1137	an annual parental satisfaction survey that asks each parent of a
1138	1138	child participating in the program to express:
1139	1139	(1) the parent's overall level of satisfaction with
1140	1140	the program; and
1141	1141	(2) the parent's opinion on specified topics and
1142	1142	issues relevant to the effectiveness of the program.
1143	1143	Sec. 29.368. DETERMINATION OF COMMISSIONER FINAL.
1144	1144	Notwithstanding Section 7.057, a determination of the commissioner
1145	1145	regarding eligibility or the approval of expenses under this
1146	1146	subchapter or funding under Section 48.306 is final and may not be
1147	1147	appealed.
1148	1148	Sec. 29.369. RULES. The commissioner shall:
1149	1149	(1) adopt rules as necessary to implement this
1150	1150	subchapter, including:
1151	1151	(A) rules regarding eligibility determination,
1152	1152	expense reporting requirements for program participants, and
1153	1153	approval of expenses, including appeals of agency determinations on
1154	1154	those issues;
1155	1155	(B) rules for measuring the quality of learning
1156	1156	for a child participating in the program; and
1157	1157	(C) rules for implementing this subchapter in a
1158	1158	manner that ensures compliance with federal law regarding
1159	1159	confidentiality of student educational information, including the
1160	1160	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1161	1161	Section 1232g); and
1162	1162	(2) coordinate as necessary to:
1163	1163	(A) calculate annually the savings to the state
1164	1164	from the implementation of the program; and
1165	1165	(B) prevent fraud in financial transactions
1166	1166	under the program, including by adopting measures to permit
1167	1167	anonymous fraud reporting by telephone hotline or online
1168	1168	communication.
1169	1169	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The
1170	1170	commissioner may solicit and accept gifts, grants, and donations
1171	1171	from any public or private source for any expenses related to the
1172	1172	administration of the program, including the initial
1173	1173	implementation of the program and making payments to a program
1174	1174	participant's account.
1175	1175	SECTION 30. Section 30.001(b), Education Code, is amended
1176	1176	to read as follows:
1177	1177	(b) The commissioner, with the approval of the State Board
1178	1178	of Education, shall develop and implement a plan for the
1179	1179	coordination of services to children with disabilities in each
1180	1180	region served by a regional education service center. The plan must
1181	1181	include procedures for:
1182	1182	(1) identifying existing public or private
1183	1183	educational and related services for children with disabilities in
1184	1184	each region;
1185	1185	(2) identifying and referring children with
1186	1186	disabilities who cannot be appropriately served by the school
1187	1187	district in which they reside to other appropriate programs;
1188	1188	(3) assisting school districts to individually or
1189	1189	cooperatively develop programs to identify and provide appropriate
1190	1190	services for children with disabilities;
1191	1191	(4) expanding and coordinating services provided by
1192	1192	regional education service centers for children with disabilities;
1193	1193	and
1194	1194	(5) providing for special supports, including special
1195	1195	seats, books, instructional media, and other supplemental supplies
1196	1196	and services required for proper instruction.
1197	1197	SECTION 31. Section 30.002(g), Education Code, is amended
1198	1198	to read as follows:
1199	1199	(g) To facilitate implementation of this section, the
1200	1200	commissioner shall develop a system to distribute from the
1201	1201	foundation school fund to school districts or regional education
1202	1202	service centers a special supplemental allowance for each student
1203	1203	with a visual impairment and for each student with a serious visual
1204	1204	disability and another medically diagnosed disability of a
1205	1205	significantly limiting nature who is receiving special education
1206	1206	services through any approved program. The supplemental allowance
1207	1207	may be spent only for special education services uniquely required
1208	1208	by the nature of the student's disabilities and may not be used in
1209	1209	lieu of educational funds otherwise available under this code or
1210	1210	through state or local appropriations.
1211	1211	SECTION 32. Section 30.005, Education Code, is amended to
1212	1212	read as follows:
1213	1213	Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
1214	1214	IMPAIRED MEMORANDUM OF UNDERSTANDING. The agency [Texas Education
1215	1215	Agency] and the Texas School for the Blind and Visually Impaired
1216	1216	shall develop[, agree to, and by commissioner rule adopt] a
1217	1217	memorandum of understanding to establish:
1218	1218	(1) the method for developing and reevaluating a set
1219	1219	of indicators of the quality of learning at the Texas School for the
1220	1220	Blind and Visually Impaired;
1221	1221	(2) the process for the agency to conduct and report on
1222	1222	an annual evaluation of the school's performance on the indicators;
1223	1223	(3) the requirements for the school's board to
1224	1224	publish, discuss, and disseminate an annual report describing the
1225	1225	educational performance of the school;
1226	1226	(4) the process for the agency to:
1227	1227	(A) assign an accreditation status to the school;
1228	1228	(B) reevaluate the status on an annual basis; and
1229	1229	(C) if necessary, conduct monitoring reviews;
1230	1230	and
1231	1231	(5) the type of information the school shall be
1232	1232	required to provide through the Public Education Information
1233	1233	Management System (PEIMS).
1234	1234	SECTION 33. Section 37.146(a), Education Code, is amended
1235	1235	to read as follows:
1236	1236	(a) A complaint alleging the commission of a school offense
1237	1237	must, in addition to the requirements imposed by Article 45.019,
1238	1238	Code of Criminal Procedure:
1239	1239	(1) be sworn to by a person who has personal knowledge
1240	1240	of the underlying facts giving rise to probable cause to believe
1241	1241	that an offense has been committed; and
1242	1242	(2) be accompanied by a statement from a school
1243	1243	employee stating:
1244	1244	(A) whether the child is eligible for or receives
1245	1245	special education services under Subchapter A, Chapter 29; and
1246	1246	(B) the graduated sanctions, if required under
1247	1247	Section 37.144, that were imposed on the child before the complaint
1248	1248	was filed.
1249	1249	SECTION 34. Effective September 1, 2024, Section 48.005,
1250	1250	Education Code, is amended by adding subsection (o) to read as
1251	1251	follows:
1252	1252	(o) The commissioner shall define enrollment for funding
1253	1253	purposes under this title. For purposes of calculating eligibility
1254	1254	and funding amounts of allotments under this chapter and Chapter
1255	1255	46, a reference to a student means a student in enrollment at the
1256	1256	school district unless otherwise indicated.
1257	1257	SECTION 35. Effective September 1, 2024, Section 48.051(a),
1258	1258	Education Code, is amended to read as follows:
1259	1259	(a) For each student in average daily attendance, not
1260	1260	including the time students spend each day in career and technology
1261	1261	education programs or in special education programs receiving
1262	1262	special education services in a setting [an instructional
1263	1263	arrangement] other than a general education setting [mainstream or
1264	1264	career and technology education programs], for which an additional
1265	1265	allotment is made under Subchapter C, a district is entitled to an
1266	1266	allotment equal to the lesser of $6,160 or the amount that results
1267	1267	from the following formula:
1268	1268	A = $6,160 X TR/MCR
1269	1269	where:
1270	1270	"A" is the allotment to which a district is entitled;
1271	1271	"TR" is the district's tier one maintenance and operations
1272	1272	tax rate, as provided by Section 45.0032; and
1273	1273	"MCR" is the district's maximum compressed tax rate, as
1274	1274	determined under Section 48.2551.
1275	1275	SECTION 36. Effective September 1, 2024, Section 48.102,
1276	1276	Education Code, is amended to read as follows:
1277	1277	Sec. 48.102. SPECIAL EDUCATION. (a) For each student in a
1278	1278	special education program under Subchapter A, Chapter 29, [in a
1279	1279	mainstream instructional arrangement,] a school district is
1280	1280	entitled to an annual allotment equal to the basic allotment, or, if
1281	1281	applicable, the sum of the basic allotment and the allotment under
1282	1282	Section 48.101 to which the district is entitled, multiplied by a
1283	1283	weight in an amount set by the legislature in the General
1284	1284	Appropriations Act for the highest tier of intensity of service for
1285	1285	which the student qualifies [1.15]. [For each full-time equivalent
1286	1286	student in average daily attendance in a special education program
1287	1287	under Subchapter A, Chapter 29, in an instructional arrangement
1288	1288	other than a mainstream instructional arrangement, a district is
1289	1289	entitled to an annual allotment equal to the basic allotment, or, if
1290	1290	applicable, the sum of the basic allotment and the allotment under
1291	1291	Section 48.101 to which the district is entitled, multiplied by a
1292	1292	weight determined according to instructional arrangement as
1293	1293	follows:
1294	1294	[Homebound 5.0
1295	1295	[Hospital class 3.0
1296	1296	[Speech therapy 5.0
1297	1297	[Resource room 3.0
1298	1298	[Self-contained, mild and moderate, regular
1299	1299	campus 3.0
1300	1300	[Self-contained, severe, regular campus 3.0
1301	1301	[Off home campus 2.7
1302	1302	[Nonpublic day school 1.7
1303	1303	[Vocational adjustment class 2.3]
1304	1304	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1305	1305	2025-2026 school years, the amount of an allotment under this
1306	1306	section shall be determined in accordance with Section 48.1023.
1307	1307	This subsection expires September 1, 2026.
1308	1308	(b) The commissioner by rule shall define seven tiers of
1309	1309	intensity of service for use in determining funding under this
1310	1310	section. The commissioner must include one tier specifically
1311	1311	addressing students receiving special education services in
1312	1312	residential placement [A special instructional arrangement for
1313	1313	students with disabilities residing in care and treatment
1314	1314	facilities, other than state schools, whose parents or guardians do
1315	1315	not reside in the district providing education services shall be
1316	1316	established by commissioner rule. The funding weight for this
1317	1317	arrangement shall be 4.0 for those students who receive their
1318	1318	education service on a local school district campus. A special
1319	1319	instructional arrangement for students with disabilities residing
1320	1320	in state schools shall be established by commissioner rule with a
1321	1321	funding weight of 2.8].
1322	1322	(c) [For funding purposes, the number of contact hours
1323	1323	credited per day for each student in the off home campus
1324	1324	instructional arrangement may not exceed the contact hours credited
1325	1325	per day for the multidistrict class instructional arrangement in
1326	1326	the 1992-1993 school year.
1327	1327	[(d) For funding purposes the contact hours credited per day
1328	1328	for each student in the resource room; self-contained, mild and
1329	1329	moderate; and self-contained, severe, instructional arrangements
1330	1330	may not exceed the average of the statewide total contact hours
1331	1331	credited per day for those three instructional arrangements in the
1332	1332	1992-1993 school year.
1333	1333	(e) The commissioner by rule shall prescribe the
1334	1334	qualifications an instructional arrangement must meet in order to
1335	1335	be funded as a particular instructional arrangement under this
1336	1336	section. In prescribing the qualifications that a mainstream
1337	1337	instructional arrangement must meet, the commissioner shall
1338	1338	establish requirements that students with disabilities and their
1339	1339	teachers receive the direct, indirect, and support services that
1340	1340	are necessary to enrich the regular classroom and enable student
1341	1341	success.
1342	1342	[(f) In this section, "full-time equivalent student" means
1343	1343	30 hours of contact a week between a special education student and
1344	1344	special education program personnel.
1345	1345	[(g)] The commissioner shall adopt rules and procedures
1346	1346	governing contracts for residential and day program placement of
1347	1347	[special education] students receiving special education services.
1348	1348	(d) [The legislature shall provide by appropriation for the
1349	1349	state's share of the costs of those placements.
1350	1350	[(h)] At least 55 percent of the funds allocated under this
1351	1351	section must be used in the special education program under
1352	1352	Subchapter A, Chapter 29.
1353	1353	(e) [(i)] The agency shall ensure [encourage] the placement
1354	1354	of students in special education programs, including students in
1355	1355	residential placement [instructional arrangements], in the least
1356	1356	restrictive environment appropriate for their educational needs.
1357	1357	(f) [(j)] A school district that provides an extended year
1358	1358	program required by federal law for special education students who
1359	1359	may regress is entitled to receive funds in an amount equal to 75
1360	1360	percent, or a lesser percentage determined by the commissioner, of
1361	1361	the basic allotment, or, if applicable, the sum of the basic
1362	1362	allotment and the allotment under Section 48.101 to which the
1363	1363	district is entitled for each [full-time equivalent] student in
1364	1364	average daily attendance, multiplied by the amount designated for
1365	1365	the highest tier of intensity of service for which the student
1366	1366	qualifies [student's instructional arrangement] under this
1367	1367	section, for each day the program is provided divided by the number
1368	1368	of days in the minimum school year. The total amount of state
1369	1369	funding for extended year services under this section may not
1370	1370	exceed $10 million per year. A school district may use funds
1371	1371	received under this section only in providing an extended year
1372	1372	program.
1373	1373	(g) [(k)] From the total amount of funds appropriated for
1374	1374	special education under this section, the commissioner shall
1375	1375	withhold an amount specified in the General Appropriations Act, and
1376	1376	distribute that amount to school districts for programs under
1377	1377	Section 29.014. The program established under that section is
1378	1378	required only in school districts in which the program is financed
1379	1379	by funds distributed under this subsection and any other funds
1380	1380	available for the program. After deducting the amount withheld
1381	1381	under this subsection from the total amount appropriated for
1382	1382	special education, the commissioner shall reduce each district's
1383	1383	allotment proportionately and shall allocate funds to each district
1384	1384	accordingly.
1385	1385	(h) Not later than December 1 of each even-numbered year,
1386	1386	the commissioner shall submit to the Legislative Budget Board, for
1387	1387	purposes of the allotment under this section, proposed weights for
1388	1388	the tiers of intensity of service for the next state fiscal
1389	1389	biennium.
1390	1390	SECTION 37. Effective September 1, 2024, Subchapter C,
1391	1391	Chapter 48, Education Code, is amended by adding Section 48.1021 to
1392	1392	read as follows:
1393	1393	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
1394	1394	(a) For each six-week period in which a student in a special
1395	1395	education program under Subchapter A, Chapter 29, receives eligible
1396	1396	special education services, a school district is entitled to an
1397	1397	allotment in an amount set by the legislature in the General
1398	1398	Appropriations Act for the service group for which the student is
1399	1399	eligible.
1400	1400	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1401	1401	2025-2026 school years, the amount of an allotment under this
1402	1402	section shall be determined in accordance with Section 48.1023.
1403	1403	This subsection expires September 1, 2026.
1404	1404	(b) The commissioner by rule shall establish four service
1405	1405	groups for use in determining funding under this section. In
1406	1406	establishing the groups, the commissioner must consider the level
1407	1407	of services, equipment, and technology required to meet the needs
1408	1408	of students receiving special education services.
1409	1409	(c) A school district is entitled to receive an allotment
1410	1410	under this section for each service group for which a student is
1411	1411	eligible.
1412	1412	(d) A school district is entitled to the full amount of an
1413	1413	allotment under this section for a student receiving eligible
1414	1414	special education services during any part of a six-week period.
1415	1415	(e) At least 55 percent of the funds allocated under this
1416	1416	section must be used for a special education program under
1417	1417	Subchapter A, Chapter 29.
1418	1418	(f) Not later than December 1 of each even-numbered year,
1419	1419	the commissioner shall submit to the Legislative Budget Board, for
1420	1420	purposes of the allotment under this section, proposed amounts of
1421	1421	funding for the service groups for the next state fiscal biennium.
1422	1422	SECTION 38. Subchapter C, Chapter 48, Education Code, is
1423	1423	amended by adding Sections 48.1022 and 48.1023 to read as follows:
1424	1424	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
1425	1425	EVALUATION. For each student for whom a school district conducts a
1426	1426	full individual and initial evaluation under Section 29.004 or 20
1427	1427	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
1428	1428	of $500 or a greater amount provided by appropriation.
1429	1429	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
1430	1430	For the 2024-2025 and 2025-2026 school years, the commissioner may
1431	1431	adjust weights or amounts provided under Section 48.102 or 48.1021
1432	1432	as necessary to ensure compliance with requirements regarding
1433	1433	maintenance of state financial support under 20 U.S.C. Section
1434	1434	1412(a)(18) and maintenance of local financial support under
1435	1435	applicable federal law.
1436	1436	(b) For the 2024-2025 and 2025-2026 school years, the
1437	1437	commissioner shall determine the formulas through which school
1438	1438	districts receive funding under Sections 48.102 and 48.1021. In
1439	1439	determining the formulas, the commissioner may combine the methods
1440	1440	of funding under those sections with the method of funding provided
1441	1441	by Section 48.102, as it existed on January 1, 2023.
1442	1442	(c) For the 2026-2027 school year, the commissioner may
1443	1443	adjust the weights or amounts set by the legislature in the General
1444	1444	Appropriations Act for purposes of Section 48.102 or 48.1021.
1445	1445	Before making an adjustment under this subsection, the commissioner
1446	1446	shall notify and must receive approval from the Legislative Budget
1447	1447	Board.
1448	1448	(d) Notwithstanding any other provision of this section,
1449	1449	the sum of funding provided under Sections 48.102 and 48.1021 for
1450	1450	the 2024-2025 or for the 2025-2026 school year as adjusted under
1451	1451	this section may not exceed the sum of:
1452	1452	(1) funding that would have been provided under
1453	1453	Section 48.102, as it existed on January 1, 2023; and
1454	1454	(2) the amount set by the legislature in the General
1455	1455	Appropriations Act.
1456	1456	(e) Each school district and open-enrollment charter school
1457	1457	shall report to the agency information necessary to implement this
1458	1458	section.
1459	1459	(f) The agency shall provide technical assistance to school
1460	1460	districts and open-enrollment charter schools to ensure a
1461	1461	successful transition in funding formulas for special education.
1462	1462	(g) This section expires September 1, 2028.
1463	1463	SECTION 39. Section 48.103(c), Education Code, is amended
1464	1464	to read as follows:
1465	1465	(c) A school district may receive funding for a student
1466	1466	under each provision of this section, [and] Section 48.102, and
1467	1467	Section 48.1021 for which [if] the student qualifies [satisfies the
1468	1468	requirements of both sections].
1469	1469	SECTION 40. Section 48.110(d), Education Code, is amended
1470	1470	to read as follows:
1471	1471	(d) For each annual graduate in a cohort described by
1472	1472	Subsection (b) who demonstrates college, career, or military
1473	1473	readiness as described by Subsection (f) in excess of the minimum
1474	1474	number of students determined for the applicable district cohort
1475	1475	under Subsection (c), a school district is entitled to an annual
1476	1476	outcomes bonus of:
1477	1477	(1) if the annual graduate is educationally
1478	1478	disadvantaged, $5,000;
1479	1479	(2) if the annual graduate is not educationally
1480	1480	disadvantaged, $3,000; and
1481	1481	(3) if the annual graduate is enrolled in a special
1482	1482	education program under Subchapter A, Chapter 29, $4,000 [$2,000],
1483	1483	regardless of whether the annual graduate is educationally
1484	1484	disadvantaged.
1485	1485	SECTION 41. Section 48.151(g), Education Code, is amended
1486	1486	to read as follows:
1487	1487	(g) A school district or county that provides special
1488	1488	transportation services for eligible students who receive special
1489	1489	education services is entitled to a state allocation at a [paid on a
1490	1490	previous year's cost-per-mile basis. The] rate of $1.13 per mile or
1491	1491	a greater amount provided [allowable shall be set] by appropriation
1492	1492	[based on data gathered from the first year of each preceding
1493	1493	biennium]. Districts may use a portion of their support allocation
1494	1494	to pay transportation costs, if necessary. The commissioner may
1495	1495	grant an amount set by appropriation for private transportation to
1496	1496	reimburse parents or their agents for transporting eligible
1497	1497	students who receive special education services. The mileage
1498	1498	allowed shall be computed along the shortest public road from the
1499	1499	student's home to school and back, morning and afternoon. The need
1500	1500	for this type of transportation shall be determined on an
1501	1501	individual basis and shall be approved only in extreme hardship
1502	1502	cases.
1503	1503	SECTION 42. Subchapter D, Chapter 48, Education Code, is
1504	1504	amended by adding Section 48.159 to read as follows:
1505	1505	Sec. 48.159. SPECIAL EDUCATION CERTIFICATION ALLOTMENT.
1506	1506	(a) For each classroom teacher or educational diagnostician
1507	1507	employed by a school district who, during the preceding year,
1508	1508	became certified under Subchapter B, Chapter 21, to teach special
1509	1509	education or as an educational diagnostician, as applicable, the
1510	1510	district is entitled to an allotment in the amount of the teacher's
1511	1511	or diagnostician's certification fee.
1512	1512	(b) A school district shall use an allotment received under
1513	1513	this section to provide a stipend in the amount of the allotment to
1514	1514	the classroom teacher or educational diagnostician for whom the
1515	1515	district received the allotment. A stipend received by a classroom
1516	1516	teacher under this subsection is not considered in determining
1517	1517	whether the district is paying the teacher the minimum monthly
1518	1518	salary under Section 21.402.
1519	1519	SECTION 43. Section 48.265(a), Education Code, is amended
1520	1520	to read as follows:
1521	1521	(a) If [Notwithstanding any other provision of law, if] the
1522	1522	commissioner determines that the amount appropriated for the
1523	1523	purposes of the Foundation School Program exceeds the amount to
1524	1524	which school districts are entitled under this chapter, the
1525	1525	commissioner may provide [by rule shall establish a grant program
1526	1526	through which excess funds are awarded as] grants using the excess
1527	1527	money for the purchase of video equipment, or for the reimbursement
1528	1528	of costs for previously purchased video equipment, used for
1529	1529	monitoring special education classrooms or other special education
1530	1530	settings required under Section 29.022.
1531	1531	SECTION 44. Section 48.279(e), Education Code, is amended
1532	1532	to read as follows:
1533	1533	(e) After the commissioner has replaced any withheld
1534	1534	federal funds as provided by Subsection (d), the commissioner shall
1535	1535	distribute the remaining amount, if any, of funds described by
1536	1536	Subsection (a) to proportionately increase funding for the special
1537	1537	education allotment under Section 48.102 and the special education
1538	1538	service group allotment under Section 48.1021.
1539	1539	SECTION 45. Subchapter G, Chapter 48, Education Code, is
1540	1540	amended by adding Sections 48.304, 48.305, and 48.306 to read as
1541	1541	follows:
1542	1542	Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
1543	1543	qualifying day placement program that a regional education service
1544	1544	center makes available in partnership with a school district,
1545	1545	open-enrollment charter school, or shared services arrangement,
1546	1546	the center is entitled to an allotment of:
1547	1547	(1) $250,000 for the first year of the program's
1548	1548	operation; and
1549	1549	(2) $150,000 for each year of the program's operation
1550	1550	after the first year.
1551	1551	(b) A day placement program qualifies for purposes of
1552	1552	Subsection (a) if:
1553	1553	(1) the program complies with commissioner rules
1554	1554	adopted under Section 48.102(c);
1555	1555	(2) the program offers services to students who are
1556	1556	enrolled at any school district or open-enrollment charter school
1557	1557	in the county in which the program is offered, unless the
1558	1558	commissioner by rule waives or modifies the requirement under this
1559	1559	subdivision for the program to serve all students in a county; and
1560	1560	(3) the agency has designated the program for service
1561	1561	in the county in which the program is offered and determined that,
1562	1562	at the time of designation, the program increases the availability
1563	1563	of day placement services in the county.
1564	1564	Sec. 48.305. PARENT-DIRECTED SERVICES FOR STUDENTS
1565	1565	RECEIVING SPECIAL EDUCATION SERVICES STUDENTS GRANT. (a) A
1566	1566	student to whom the agency awards a grant under Subchapter A-1,
1567	1567	Chapter 29, is entitled to receive an amount equal to $1,500 or a
1568	1568	greater amount by appropriation.
1569	1569	(b) The agency shall use money appropriated to the agency
1570	1570	for purposes of this section to award grants under Subchapter A-1,
1571	1571	Chapter 29.
1572	1572	(c) A student may receive one grant under Subchapter A-1,
1573	1573	Chapter 29. A student may receive an additional grant if the
1574	1574	legislature appropriates money for the additional grant in the
1575	1575	General Appropriations Act.
1576	1576	Sec. 48.306. EDUCATION SAVINGS ACCOUNT FUNDING. (a) A
1577	1577	person enrolled in the education savings account program
1578	1578	established under Subchapter J, Chapter 29, is entitled to a
1579	1579	deposit to the person's education savings account in an amount
1580	1580	equal to the sum of $7,250 and:
1581	1581	(1) $1,500, if the child is educationally
1582	1582	disadvantaged;
1583	1583	(2) $1,400, if the child has not previously
1584	1584	participated in a school district's special education program under
1585	1585	Section 29.003; and
1586	1586	(3) if the child has previously participated in a
1587	1587	school district's special education program under Section 29.003,
1588	1588	the amount of funding for special education services the district
1589	1589	was entitled to receive for the child under Subchapters B and C,
1590	1590	Chapter 48, for the most recent school year in which the child
1591	1591	participated in the district's special education program.
1592	1592	(b) A greater amount may be provided by appropriation or by
1593	1593	the agency from money available for the purpose.
1594	1594	.
1595	1595	(c) The agency shall use money appropriated to the agency
1596	1596	for purposes of this section to make deposits to education savings
1597	1597	accounts under Subchapter J, Chapter 29.
1598	1598	(d) A payment under Subsection (a) may not be financed using
1599	1599	federal funds or money appropriated from the permanent school fund
1600	1600	or the available school fund.
1601	1601	SECTION 46. Section 411.0901, Government Code, is amended
1602	1602	by adding Subsection (a-1) to read as follows:
1603	1603	(a-1) The Texas Education Agency is entitled to obtain
1604	1604	criminal history record information maintained by the department
1605	1605	about a person who is a private tutor or an employee of a teaching
1606	1606	service who intends to provide educational services to a child
1607	1607	participating in the program established under Subchapter J,
1608	1608	Chapter 29, Education Code, and is seeking approval to receive
1609	1609	funds distributed under that program.
1610	1610	SECTION 47. Section 825.4092(f), Government Code, as added
1611	1611	by Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
1612	1612	Session, 2021, is amended to read as follows:
1613	1613	(f) A reporting employer is ultimately responsible for
1614	1614	payment of the amounts required to be contributed under Subsections
1615	1615	(b) and (c). The employer may not directly or indirectly pass that
1616	1616	cost on to the retiree through payroll deduction, by imposition of a
1617	1617	fee, or by any other means designed to recover the cost. This
1618	1618	subsection does not apply to contributions required for a retiree
1619	1619	employed by a school district or open-enrollment charter school to
1620	1620	teach special education.
1621	1621	SECTION 48. The following provisions of the Education Code
1622	1622	are repealed:
1623	1623	(1) Section 29.002;
1624	1624	(2) Sections 29.026(n) and (o);
1625	1625	(3) Section 29.027(i); and
1626	1626	(4) Section 29.050.
1627	1627	SECTION 49. Subchapter E, Chapter 22, Education Code, as
1628	1628	added by this Act, Chapter 29, Education Code, as amended by this
1629	1629	Act, and Section 825.4092(f), Government Code, as amended by this
1630	1630	Act, apply beginning with the 2023-2024 school year.
1631	1631	SECTION 50. (a) Except as provided by Subsection (b) of
1632	1632	this section and as otherwise provided by this Act, this Act takes
1633	1633	effect immediately if it receives a vote of two-thirds of all the
1634	1634	members elected to each house, as provided by Section 39, Article
1635	1635	III, Texas Constitution. If this Act does not receive the vote
1636	1636	necessary for immediate effect, this Act takes effect September 1,
1637	1637	2023.
1638	1638	(b) The amendments by this Act to Chapter 48, Education
1639	1639	Code, except as otherwise provided by this Act, take effect
1640	1640	September 1, 2023.