Texas 2023 - 88th Regular

Texas House Bill HB4969 Compare Versions

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1	1	By: Schaefer H.B. No. 4969
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a parent-directed supplemental services and
7	7	instructional materials program for public school students;
8	8	establishing an allotment under the Foundation School Program;
9	9	authorizing a fee.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 29, Education Code, is amended by adding
12	12	Subchapter R to read as follows:
13	13	SUBCHAPTER R. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
14	14	Sec. 29.751. DEFINITIONS. In this subchapter:
15	15	(1) "Parent" has the meaning assigned by Section
16	16	29.041.
17	17	(2) "Supplemental instructional materials" includes
18	18	textbooks, computer hardware or software, other technological
19	19	devices, and other materials suitable for addressing an educational
20	20	need of a public school student.
21	21	(3) "Supplemental services" means an additive service
22	22	that provides an educational benefit to a public school student
23	23	including:
24	24	(A) virtual, advanced, and trade-related
25	25	programs;
26	26	(B) extracurricular activities;
27	27	(C) private tutoring and other supplemental
28	28	private instruction or programs; and
29	29	(D) college credit.
30	30	Sec. 29.752. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
31	31	(a) The agency by rule shall establish and administer a
32	32	parent-directed program for public school students through which a
33	33	parent may direct supplemental services and supplemental
34	34	instructional materials for the parent's student who meets the
35	35	eligibility requirements for participation in the program. From
36	36	funds appropriated, the agency shall provide each student approved
37	37	as provided under this subchapter a grant as provided by Section
38	38	48.305 to purchase supplemental services and supplemental
39	39	instructional materials.
40	40	(b) In administering the program, the agency shall maintain
41	41	a system of online accounts to provide access to the grant described
42	42	by Subsection (a) to an eligible student's parent.
43	43	(c) The agency shall designate one or more regional
44	44	education service centers to administer the program under this
45	45	section.
46	46	(d) The agency shall establish a process for transfer of
47	47	direction of the account from the parent to the student, if
48	48	initiated by the student, for unexpended amounts in the account at
49	49	the time of the student's graduation that may be used in accordance
50	50	with Section 29.756(d).
51	51	Sec. 29.753. APPLICATION FOR GRANT ON BEHALF OF STUDENT.
52	52	The agency shall establish an application process for an eligible
53	53	student's parent to apply for a grant held in an online account
54	54	maintained under Section 29.752(b) and assigned to the student
55	55	under Section 29.755.
56	56	Sec. 29.754. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
57	57	shall establish eligibility criteria for the approval of an
58	58	application submitted under Section 29.753. The criteria must
59	59	require that the student be enrolled in the current school year at a
60	60	school district or open-enrollment charter school.
61	61	(b) The eligibility criteria established under this section
62	62	must also prioritize students for whom a school district or
63	63	open-enrollment charter school is eligible for a compensatory
64	64	education allotment under Section 48.104.
65	65	Sec. 29.755. APPROVAL OF APPLICATION; ASSIGNMENT OF
66	66	ACCOUNT. The agency shall approve each student who meets the
67	67	program eligibility criteria established under Section 29.754 and
68	68	assign to the student an account maintained under Section
69	69	29.752(b). The account may only be used by the student's parent to
70	70	purchase supplemental services or supplemental instructional
71	71	materials for the student, subject to Sections 29.756 and 29.757.
72	72	Sec. 29.756. ACCOUNT USE RESTRICTION. (a) Money in an
73	73	account assigned to a student under Section 29.755 may be used only
74	74	for supplemental services, supplemental instructional materials,
75	75	and expenditures for tuition and fees as authorized by Subsection
76	76	(d).
77	77	(b) Supplemental services must be provided by an
78	78	agency-approved provider.
79	79	(c) If the agency has approved vendors for a category of
80	80	supplemental instructional materials under Section 29.757,
81	81	supplemental instructional materials must be purchased from an
82	82	agency-approved vendor for that category of supplemental
83	83	instructional materials. If the agency does not establish criteria
84	84	for agency approval for a category of supplemental instructional
85	85	materials, money in the student's account may be used to purchase
86	86	the supplemental instructional materials from any vendor.
87	87	(d) In developing the program, the commissioner shall allow
88	88	the use of funds under the program to be spent on tuition and fees at
89	89	an institution of higher education or private or independent
90	90	institution of higher education including any unexpended funds in a
91	91	student's account at the time of graduation by the student for up to
92	92	six years following the year the student graduates.
93	93	Sec. 29.757. AGENCY-APPROVED PROVIDERS AND VENDORS:
94	94	CRITERIA AND APPLICATION. (a) The agency shall establish criteria
95	95	necessary for agency approval for each category of provider of a
96	96	professional service that is a supplemental service, as identified
97	97	by the agency.
98	98	(b) The criteria established under this section must
99	99	require a provider of a category of professional service to be
100	100	appropriately licensed or accredited in this state to provide that
101	101	service.
102	102	(c) The agency shall provide a procedure for providers of
103	103	supplemental services to apply to the agency to become an
104	104	agency-approved provider.
105	105	(d) The agency may establish criteria for agency approval of
106	106	vendors for each category of supplemental instructional materials
107	107	identified by the agency.
108	108	(e) If the agency establishes criteria for agency approval
109	109	for a vendor of a category of supplemental instructional materials,
110	110	the agency shall provide a procedure for vendors of that category to
111	111	apply to the agency to become an agency-approved vendor.
112	112	Sec. 29.758. PUBLIC SCHOOL PROVIDERS. A school district or
113	113	open-enrollment charter school provider approved under Section
114	114	29.757 may charge a fee for supplemental instructional materials or
115	115	supplemental services provided to a student under this subchapter
116	116	that otherwise would not have been provided to the student by the
117	117	district or school.
118	118	Sec. 29.759. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
119	119	DUTIES. (a) A student's admission, review, and dismissal
120	120	committee shall develop a student's individualized education
121	121	program under Section 29.005, in compliance with the Individuals
122	122	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
123	123	without consideration of any supplemental services or supplemental
124	124	instructional materials that may be provided under the program
125	125	under this subchapter.
126	126	(b) Unless the district determines that an account has been
127	127	assigned to the student under Section 29.045, the admission,
128	128	review, and dismissal committee of a student approved for
129	129	participation in the program shall provide to the student's parent
130	130	at an admission, review, and dismissal committee meeting for the
131	131	student:
132	132	(1) information regarding the types of supplemental
133	133	services or supplemental instructional materials available under
134	134	the program and provided by agency-approved providers for which an
135	135	account maintained under Section 29.752(b) for the student may be
136	136	used; and
137	137	(2) instructions regarding accessing an account
138	138	described by Subdivision (1).
139	139	Sec. 29.760. DETERMINATION OF COMMISSIONER FINAL.
140	140	Notwithstanding Section 7.057, a determination of the commissioner
141	141	under this subchapter and Section 48.305 is final and may not be
142	142	appealed.
143	143	Sec. 29.761. RULES. The commissioner shall adopt rules as
144	144	necessary to administer the supplemental services and
145	145	instructional materials program under this subchapter.
146	146	SECTION 2. Subchapter G, Chapter 48, Education Code, is
147	147	amended by adding Section 48.305 to read as follows:
148	148	Sec. 48.305. PARENT-DIRECTED SUPPLEMENTAL SERVICES FOR
149	149	STUDENTS GRANT. (a) A student to whom the agency awards a grant
150	150	under Subchapter R, Chapter 29, is entitled to receive a grant equal
151	151	to $1,000 or a greater amount by appropriation.
152	152	(b) The agency shall use money appropriated to the agency
153	153	for purposes of this section to award grants under Subchapter R,
154	154	Chapter 29.
155	155	(c) A student may receive a grant under Subchapter R,
156	156	Chapter 29, once while enrolled in kindergarten through grade
157	157	twelve. A student may receive an additional grant if the
158	158	legislature appropriates money for the additional grant in the
159	159	General Appropriations Act.
160	160	SECTION 3. Not later than December 1, 2023, the
161	161	commissioner of education shall adopt all rules necessary for the
162	162	establishment and administration of the parent-directed
163	163	supplemental services program required under Subchapter R, Chapter
164	164	29, Education Code, as added by this Act.
165	165	SECTION 4. This Act takes effect immediately if it receives
166	166	a vote of two-thirds of all the members elected to each house, as
167	167	provided by Section 39, Article III, Texas Constitution. If this
168	168	Act does not receive the vote necessary for immediate effect, this
169	169	Act takes effect September 1, 2023.