By: Schaefer H.B. No. 4969
A BILL TO BE ENTITLED
AN ACT
relating to a parent-directed supplemental services and
instructional materials program for public school students;
establishing an allotment under the Foundation School Program;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter R to read as follows:
SUBCHAPTER R. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
Sec. 29.751. DEFINITIONS. In this subchapter:
(1) "Parent" has the meaning assigned by Section
29.041.
(2) "Supplemental instructional materials" includes
textbooks, computer hardware or software, other technological
devices, and other materials suitable for addressing an educational
need of a public school student.
(3) "Supplemental services" means an additive service
that provides an educational benefit to a public school student
including:
(A) virtual, advanced, and trade-related
programs;
(B) extracurricular activities;
(C) private tutoring and other supplemental
private instruction or programs; and
(D) college credit.
Sec. 29.752. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
(a) The agency by rule shall establish and administer a
parent-directed program for public school students through which a
parent may direct supplemental services and supplemental
instructional materials for the parent's student who meets the
eligibility requirements for participation in the program. From
funds appropriated, the agency shall provide each student approved
as provided under this subchapter a grant as provided by Section
48.305 to purchase supplemental services and supplemental
instructional materials.
(b) In administering the program, the agency shall maintain
a system of online accounts to provide access to the grant described
by Subsection (a) to an eligible student's parent.
(c) The agency shall designate one or more regional
education service centers to administer the program under this
section.
(d) The agency shall establish a process for transfer of
direction of the account from the parent to the student, if
initiated by the student, for unexpended amounts in the account at
the time of the student's graduation that may be used in accordance
with Section 29.756(d).
Sec. 29.753. APPLICATION FOR GRANT ON BEHALF OF STUDENT.
The agency shall establish an application process for an eligible
student's parent to apply for a grant held in an online account
maintained under Section 29.752(b) and assigned to the student
under Section 29.755.
Sec. 29.754. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
shall establish eligibility criteria for the approval of an
application submitted under Section 29.753. The criteria must
require that the student be enrolled in the current school year at a
school district or open-enrollment charter school.
(b) The eligibility criteria established under this section
must also prioritize students for whom a school district or
open-enrollment charter school is eligible for a compensatory
education allotment under Section 48.104.
Sec. 29.755. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. The agency shall approve each student who meets the
program eligibility criteria established under Section 29.754 and
assign to the student an account maintained under Section
29.752(b). The account may only be used by the student's parent to
purchase supplemental services or supplemental instructional
materials for the student, subject to Sections 29.756 and 29.757.
Sec. 29.756. ACCOUNT USE RESTRICTION. (a) Money in an
account assigned to a student under Section 29.755 may be used only
for supplemental services, supplemental instructional materials,
and expenditures for tuition and fees as authorized by Subsection
(d).
(b) Supplemental services must be provided by an
agency-approved provider.
(c) If the agency has approved vendors for a category of
supplemental instructional materials under Section 29.757,
supplemental instructional materials must be purchased from an
agency-approved vendor for that category of supplemental
instructional materials. If the agency does not establish criteria
for agency approval for a category of supplemental instructional
materials, money in the student's account may be used to purchase
the supplemental instructional materials from any vendor.
(d) In developing the program, the commissioner shall allow
the use of funds under the program to be spent on tuition and fees at
an institution of higher education or private or independent
institution of higher education including any unexpended funds in a
student's account at the time of graduation by the student for up to
six years following the year the student graduates.
Sec. 29.757. AGENCY-APPROVED PROVIDERS AND VENDORS:
CRITERIA AND APPLICATION. (a) The agency shall establish criteria
necessary for agency approval for each category of provider of a
professional service that is a supplemental service, as identified
by the agency.
(b) The criteria established under this section must
require a provider of a category of professional service to be
appropriately licensed or accredited in this state to provide that
service.
(c) The agency shall provide a procedure for providers of
supplemental services to apply to the agency to become an
agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental instructional materials
identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental instructional materials,
the agency shall provide a procedure for vendors of that category to
apply to the agency to become an agency-approved vendor.
Sec. 29.758. PUBLIC SCHOOL PROVIDERS. A school district or
open-enrollment charter school provider approved under Section
29.757 may charge a fee for supplemental instructional materials or
supplemental services provided to a student under this subchapter
that otherwise would not have been provided to the student by the
district or school.
Sec. 29.759. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES. (a) A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental services or supplemental
instructional materials that may be provided under the program
under this subchapter.
(b) Unless the district determines that an account has been
assigned to the student under Section 29.045, the admission,
review, and dismissal committee of a student approved for
participation in the program shall provide to the student's parent
at an admission, review, and dismissal committee meeting for the
student:
(1) information regarding the types of supplemental
services or supplemental instructional materials available under
the program and provided by agency-approved providers for which an
account maintained under Section 29.752(b) for the student may be
used; and
(2) instructions regarding accessing an account
described by Subdivision (1).
Sec. 29.760. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter and Section 48.305 is final and may not be
appealed.
Sec. 29.761. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental services and
instructional materials program under this subchapter.
SECTION 2. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.305 to read as follows:
Sec. 48.305. PARENT-DIRECTED SUPPLEMENTAL SERVICES FOR
STUDENTS GRANT. (a) A student to whom the agency awards a grant
under Subchapter R, Chapter 29, is entitled to receive a grant equal
to $1,000 or a greater amount by appropriation.
(b) The agency shall use money appropriated to the agency
for purposes of this section to award grants under Subchapter R,
Chapter 29.
(c) A student may receive a grant under Subchapter R,
Chapter 29, once while enrolled in kindergarten through grade
twelve. A student may receive an additional grant if the
legislature appropriates money for the additional grant in the
General Appropriations Act.
SECTION 3. Not later than December 1, 2023, the
commissioner of education shall adopt all rules necessary for the
establishment and administration of the parent-directed
supplemental services program required under Subchapter R, Chapter
29, Education Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.