By: Frank H.B. No. 5261
A BILL TO BE ENTITLED
AN ACT
relating to public education, including parental rights and public
school responsibilities regarding instructional materials and the
establishment of an education savings account program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM
SECTION 1.001. Chapter 1, Education Code, is amended by
adding Section 1.009 to read as follows:
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
The rights granted to parents under the laws of this state,
including the right to direct the moral and religious training of
the parent's child, make decisions concerning the child's
education, and consent to medical, psychiatric, and psychological
treatment of the parent's child under Section 151.001, Family Code,
may not be infringed on by any public elementary or secondary school
or state governmental entity, including the state or a political
subdivision of the state, unless the infringement is:
(1) necessary to further a compelling state interest,
such as providing life-saving care to a student; and
(2) narrowly tailored using the least restrictive
means to achieve that compelling state interest.
SECTION 1.002. Section 7.057(a), Education Code, is amended
to read as follows:
(a) Except as provided by Subsection (e), a person may
appeal in writing to the commissioner if the person is aggrieved by:
(1) the school laws of this state; or
(2) actions or decisions of any school district board
of trustees that violate:
(A) the school laws of this state; [or]
(B) a provision of a written employment contract
between the school district and a school district employee, if a
violation causes or would cause monetary harm to the employee; or
(C) the grievance procedure adopted by the school
district under Section 26.011.
SECTION 1.003. Section 11.161, Education Code, is amended
to read as follows:
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. In a civil suit
or administrative proceeding brought under state law or rules[,]
against an independent school district or an officer of an
independent school district acting under color of office, the court
or another person authorized to make decisions regarding the
proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that
the suit is frivolous, unreasonable, and without foundation; and
(2) the suit or proceeding is dismissed or judgment is
for the defendant.
SECTION 1.004. Section 25.035, Education Code, is amended
to read as follows:
Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
The boards of trustees of two or more [adjoining] school districts
or the boards of county school trustees of two or more [adjoining]
counties may, [by agreement and] in accordance with Sections
25.032, 25.033, and 25.034, arrange for the transfer and assignment
of any student from the jurisdiction of one board to that of
another. [In the case of the transfer and assignment of a student
under this section, the participating governing boards shall also
agree to the transfer of school funds or other payments
proportionate to the transfer of attendance.]
(b) A school district may deny approval of a transfer under
this section if:
(1) the district or a school in the district to which a
student seeks to transfer is at full student capacity or has more
requests for transfers than available positions;
(2) at the time a student seeks to transfer, the
student is suspended or expelled by the district in which the
student is enrolled; or
(3) approving the transfer would supersede a
court-ordered desegregation plan.
(c) A school district that has more applicants for transfer
under this section than available positions must fill the available
positions by lottery and must give priority to applicants in the
following order:
(1) students who are dependents of an employee of the
receiving district; and
(2) students receiving special education services
under Subchapter A, Chapter 29;
(3) students who are dependents of military personnel;
(4) students who are dependents of law enforcement
personnel;
(5) students in foster care;
(6) students who are the subject of court-ordered
modification of an order establishing conservatorship or
possession and access;
(7) students who are siblings of a student who is
enrolled in the receiving district at the time the student seeks to
transfer;
(8) students residing in the receiving district.
(d) A student who transfers to another school district under
this section may not be charged tuition. The student is included in
the average daily attendance of the district to which the student
transfers, beginning on the date the student begins attending
classes at that district.
(e) A receiving school district may, but is not required to,
provide transportation to a student who transfers to the receiving
district under this section.
(f) A receiving school district may revoke, at any time
during the school year, the approval of the student's transfer if
the student:
(1) fails to comply with a condition specified in the
agreement that is:
(A) a circumstance specified in the student code
of conduct under Section 37.001(a)(1);
(B) a condition specified in the student code of
conduct under Section 37.001(a)(2);
(C) conduct for which a student is required or
permitted to be removed from class and placed in a disciplinary
alternative education program under Section 37.006; or
(D) conduct for which a student is required or
permitted to be expelled from school under Section 37.007; or
(2) fails to maintain a specified school attendance
rate.
SECTION 1.005. Section 26.001, Education Code, is amended
by amending Subsections (a), (c), (d), and (e) and adding
Subsection (a-1) to read as follows:
(a) As provided under Section 151.001, Family Code, a parent
has the right to direct the moral and religious training of the
parent's child, make decisions concerning the child's education,
and consent to medical, psychiatric, and psychological treatment of
the child without obstruction or interference from this state, any
political subdivision of this state, a school district or
open-enrollment charter school, or any other governmental entity.
(a-1) Parents are partners with educators, administrators,
and school district boards of trustees in their children's
education. Parents shall be encouraged to actively participate in
creating and implementing educational programs for their children.
(c) Unless otherwise provided by law, a board of trustees,
administrator, educator, or other person shall comply with Section
1.009 and may not limit parental rights or withhold information
from a parent regarding the parent's child.
(d) Each board of trustees shall:
(1) provide for procedures to consider complaints that
a parent's right has been denied; [.]
(2) develop a plan for parental participation in the
district to improve parent and teacher cooperation, including in
the areas of homework, school attendance, and discipline;
(3) [(e) Each board of trustees shall] cooperate in
the establishment of ongoing operations of at least one
parent-teacher organization at each school in the district to
promote parental involvement in school activities; and
(4) provide information about parental rights and
options, including the right to withhold consent for or exempt the
parent's child from certain activities and instruction, that
addresses the parent's rights and options concerning:
(A) the child's course of study and supplemental
services;
(B) instructional materials and library
materials;
(C) health education instruction under Section
28.004;
(D) instruction regarding sexual orientation and
gender identity under Section 28.0043;
(E) school options, including virtual and remote
schooling options;
(F) immunizations under Section 38.001;
(G) gifted and talented programs;
(H) promotion, retention, and graduation
policies;
(I) grade, class rank, and attendance
information;
(J) state standards and requirements;
(K) data collection practices;
(L) health care services, including notice and
consent under Section 26.0083(g); and
(M) the local grievance procedure under Section
26.011.
SECTION 1.006. Chapter 26, Education Code, is amended by
adding Sections 26.0012, 26.0026, 26.0061, and 26.0083 to read as
follows:
Sec. 26.0012. RIGHT TO INFORMATION REGARDING PARENTAL
RIGHTS. (a) A parent may request in writing from a school district
superintendent information regarding a parental right under Title 1
or this title.
(b) If the superintendent denies a request made under
Subsection (a) or does not respond to the request within 10 days,
the parent may appeal to the district's board of trustees.
(c) The board of trustees must include an appeal made under
Subsection (b) in the business of the next board meeting after the
date the appeal is received.
Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
school.
Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
REVIEW. (a) The board of trustees of each school district shall
establish a process by which a parent of a student, as indicated on
the student registration form at the student's campus, may request
an instructional material review under Section 31.0236 for a
subject area in the grade level in which the student is enrolled.
(b) A process established under Subsection (a):
(1) may not require more than one parent of a student
to make the request;
(2) must provide for the board of trustees of the
school district to determine if the request will be granted, either
originally or through an appeal process; and
(3) may permit the requesting parent to review the
instructional material directly before the district conducts an
instructional material review under Section 31.0236.
(c) If the parents of at least 25 percent of the students
enrolled at a campus present to the board of trustees of the school
district in which the campus is located a petition for the board to
conduct an instructional material review under Section 31.0236, the
board shall conduct the review, unless, by a majority vote, the
board denies the request. A review conducted under this subsection
shall include a review of instructional materials for each subject
area or grade level specified in the petition.
(d) The commissioner may adopt rules to implement this
section.
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
The agency shall adopt a procedure for school districts to notify
the parent of a student enrolled in the district regarding any
change in:
(1) services provided to or monitoring of the student
related to the student's mental, emotional, or physical health or
well-being; or
(2) the district's ability to provide a safe and
supportive learning environment for the student.
(b) A procedure adopted under Subsection (a) must reinforce
the fundamental right of a parent to make decisions regarding the
upbringing and control of the parent's child by requiring school
district personnel to:
(1) encourage a student to discuss issues relating to
the student's well-being with the student's parent; or
(2) facilitate a discussion described under
Subdivision (1).
(c) A school district may not adopt a procedure that:
(1) prohibits a district employee from notifying the
parent of a student regarding:
(A) information about the student's mental,
emotional, or physical health or well-being; or
(B) a change in services provided to or
monitoring of the student related to the student's mental,
emotional, or physical health or well-being;
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A); or
(3) prevents a parent from accessing education or
health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of
information to a parent if a reasonably prudent person would
believe the disclosure is likely to result in the student suffering
abuse or neglect, as those terms are defined by Section 261.001,
Family Code.
(e) A school district employee may not discourage or
prohibit parental knowledge of or involvement in critical decisions
affecting a student's mental, emotional, or physical health or
well-being.
(f) Any student support services training developed or
provided by a school district to district employees must comply
with any student services guidelines, standards, and frameworks
established by the State Board of Education and the agency.
(g) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of each health-related
service offered at the district campus the student attends. The
notice must include a statement of the parent's right to withhold
consent for or decline a health-related service. A parent's consent
to a health-related service does not waive a requirement of
Subsection (a), (c), or (e).
(h) Before administering a student well-being questionnaire
or health screening form to a student enrolled in prekindergarten
through 12th grade, a school district must provide a copy of the
questionnaire or form to the student's parent and obtain the
parent's consent to administer the questionnaire or form.
(i) This section may not be construed to:
(1) limit or alter the requirements of Section 38.004
of this code or Chapter 261, Family Code; or
(2) limit a school district employee's ability to
inquire about a student's daily well-being without parental
consent.
(j) Not later than June 30, 2024, the agency, the State
Board of Education, and the State Board for Educator Certification,
as appropriate, shall review and revise as necessary the following
to ensure compliance with this section:
(1) school counseling frameworks and standards;
(2) educator practices and professional conduct
principles; and
(3) any other student services personnel guidelines,
standards, or frameworks.
(k) Subsection (j) and this subsection expire September 1,
2025.
SECTION 1.007. Section 26.004(b), Education Code, is
amended to read as follows:
(b) A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) medical records in accordance with Section
38.0095, including health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; and
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child.
SECTION 1.009. Section 26.008, Education Code, is amended
to read as follows:
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
(a) Except as provided by Section 38.004, a [A] parent is entitled
to:
(1) full information regarding the school activities
of a parent's child; and
(2) prompt notification if a school district employee
suspects that an offense has been committed against the parent's
child [except as provided by Section 38.004].
(b) An attempt by any school district employee to encourage
or coerce a child to withhold information from the child's parent is
grounds for discipline under Section 21.104, 21.156, or 21.211, as
applicable, or by the State Board for Educator Certification, if
applicable.
SECTION 1.010. Section 26.009, Education Code, is amended
by amending Subsection (a) and adding Subsections (a-1), (a-2),
(c), (d), and (e) to read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(a-2) before the employee may:
(1) conduct a psychological examination, test, or
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; [or]
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice;
(3) unless authorized by other law, collect, use,
store, or disclose a child's private or identifying information,
including data, health and medical information, and biometric
identifiers; or
(4) provide health care services or medication or
conduct a medical procedure.
(a-1) For purposes of Subsection (a), "biometric
identifier" means a blood sample, hair sample, skin sample, DNA
sample, body scan, retina or iris scan, fingerprint, voiceprint, or
record of hand or face geometry.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district. A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
(c) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of any actions the district
may take involving the authorized collection, use, or storage of
information as described by Subsection (a)(3). The notice must:
(1) include a plain language explanation for the
district's collection, use, or storage of the child's information
and the district's legal authority to engage in that collection,
use, or storage; and
(2) be signed by the parent and returned to the
district.
(d) A school district shall take disciplinary action
against an employee responsible for allowing a child to participate
in an activity described by Subsection (a)(4) if the district did
not obtain a parent's consent for the child's participation in that
activity.
SECTION 1.011. Section 26.011, Education Code, is amended
to read as follows:
Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS]. (a)
The board of trustees of each school district shall adopt a
grievance procedure under which the board shall:
(1) address each grievance [complaint] that the board
receives concerning a violation of a right guaranteed by Section
1.009 or this chapter:
(A) if the grievance is filed before the later
of:
(i) the 90th day after the date on which the
parent received notice of an incident giving rise to the grievance;
or
(ii) the first day of the school year
following the school year in which an incident giving rise to the
grievance occurred; or
(B) regardless of whether the grievance was filed
during the period described by Paragraph (A) if the grievance was
informally brought to the attention of school district personnel
during the school year in which an incident giving rise to the
grievance occurred; and
(2) allow a parent at any time before a final decision
by the board to amend the parent's grievance.
(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) to address a
grievance [complaint] that the board receives concerning a
student's participation in an extracurricular activity that does
not involve a violation of a right guaranteed by this chapter. This
subsection does not affect a claim brought by a parent under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a successor federal statute addressing special
education services for a child with a disability.
(c) The board of trustees of each school district shall
ensure that each parent of a student enrolled in the district
receives notice of:
(1) the parent's rights under this title;
(2) the board's grievance procedure under Subsection
(a); and
(3) the requirement to appeal to the commissioner in
writing under Section 7.057 if aggrieved by the school laws of this
state or certain actions or decisions of any school district board
of trustees.
(d) The board of trustees of a school district shall ensure
a grievance procedure adopted under Subsection (a):
(1) authorizes a parent to notify the principal, or
the principal's designee, of the district campus the parent's child
attends regarding concerns related to:
(A) rights guaranteed under Section 1.009 or this
chapter;
(B) a violation of Section 28.0022, 28.004,
28.0043, or 33.023 or Chapter 38, or the implementation of those
provisions by the district; or
(C) a violation of Chapter 551, Government Code;
(2) requires that a principal or the principal's
designee:
(A) acknowledge receipt of a grievance under
Subdivision (1) not later than two school days after receipt of the
grievance; and
(B) not later than the 14th day after receipt of a
grievance described by Subdivision (1):
(i) resolve the issue that gave rise to the
grievance to the satisfaction of the parent who submitted the
grievance; or
(ii) provide to the parent who submitted
the grievance a written explanation of the principal's reason for
not resolving the issue to the parent's satisfaction;
(3) requires that, not later than the 30th day after
receipt of a grievance described by Subdivision (1), if the
principal fails to resolve the issue to the parent's satisfaction,
the superintendent or the superintendent's designee:
(A) resolve the issue that gave rise to the
grievance to the satisfaction of the parent who submitted the
grievance; or
(B) provide to the parent who submitted the
grievance a written explanation of the district's reason for not
resolving the issue to the parent's satisfaction; and
(4) requires that, not later than the earlier of the
30th day after receipt of a grievance described by Subdivision (1)
or the next meeting of the board, if the superintendent fails to
resolve the issue to the parent's satisfaction, the board, in
closed session:
(A) resolve the issue that gave rise to the
grievance to the satisfaction of the parent who submitted the
grievance; or
(B) provide to the parent who submitted the
grievance a written explanation of the board's reason for not
resolving the issue to the parent's satisfaction.
(e) The parties may mutually agree to adjust the timeline
for the procedure under this section.
SECTION 1.012. Chapter 26, Education Code, is amended by
adding Sections 26.0111, 26.0112, and 26.0113 to read as follows:
Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
(a) If a grievance filed with the board of trustees of a school
district under Section 26.011 is not resolved to a parent's
satisfaction, the parent may request that the commissioner appoint
a hearing examiner with the same powers and qualifications of a
hearing examiner under Subchapter F, Chapter 21, to review the
grievance and make recommendations to the State Board of Education
regarding its resolution.
(b) A parent must file a written request for a hearing under
this section with the commissioner not later than the 15th day after
the date on which the board of trustees of the district resolved the
parent's grievance under Section 26.011. The parent must provide
the district with a copy of the request and must provide the
commissioner with a copy of the district's resolution of the
grievance. The parties may agree in writing to extend by not more
than 10 days the deadline for requesting a hearing.
(c) The commissioner shall assign a hearing examiner to
review the grievance in the manner provided by Section 21.254. The
hearing examiner has the powers described by Sections 21.255 and
21.256 and shall conduct the hearing in the manner provided by those
sections as if the parent were a teacher.
(d) Not later than the 60th day after the date on which the
commissioner receives a parent's written request for a hearing, the
hearing examiner shall complete the hearing and make a written
recommendation to the State Board of Education that includes
proposed findings of fact and conclusions of law.
(e) Sections 21.257(c), (d), and (e) apply to a hearing
under this section in the same manner as a hearing conducted under
Subchapter F, Chapter 21.
(f) Section 21.258 applies to the State Board of Education
in the same manner as if the board were the board of trustees of the
school district or board subcommittee.
(g) Chapter 2001, Government Code, does not apply to the
State Board of Education's actions regarding the recommendation of
the hearing examiner.
(h) The costs of the hearing examiner, the court reporter,
the original hearing transcript, and any hearing room costs, if the
hearing room is not provided by the school district, shall be paid
by the school district.
Sec. 26.0112. DISCIPLINARY MEASURES. If at least five
grievances involving a certain school district are reviewed by a
hearing examiner under Section 26.0111 during a school year, the
superintendent of the school district must appear before the State
Board of Education to testify regarding the hearing examiner's
findings and the frequency of grievances against the district.
Sec. 26.0113. INVESTIGATION BY ATTORNEY GENERAL. The
attorney general may receive and investigate a parent's complaint
related to an immediate threat to the mental, emotional, or
physical bodily integrity, safety, or individual liberty of the
parent's child at a school district, including complaints
regarding:
(1) the district's failure to notify the parent
regarding the provision of a medical, counseling, or mental health
service or change in the status of services provided to the child in
accordance with Section 26.0083;
(2) a district employee conducting a psychological
screening, survey, or other method of obtaining written or
electronic documentation on the mental status of the child without
the parent's consent;
(3) exposure of the parent's child to harmful
material, as defined by Section 43.24, Penal Code;
(4) the district's failure to notify a parent
regarding a physical or sexual assault against the parent's child
or to protect the child from such an assault; and
(5) the district's failure to report to the proper
agency an incident that is required to be reported by law.
SECTION 1.013. Section 28.002, Education Code, is amended
by adding Subsection (c-4) to read as follows:
(c-4) The State Board of Education may not adopt standards
in violation of Section 28.0043.
SECTION 1.014. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY. A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction, guidance, activities, or programming regarding sexual
orientation or gender identity:
(1) to students enrolled in prekindergarten through
twelfth grade; and
(2) in a manner that is not age-appropriate or
developmentally appropriate.
SECTION 1.015. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0236 to read as follows:
Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
MATERIAL. (a) The agency shall adopt rules developing a process by
which a school district may conduct a review of instructional
materials used by a classroom teacher in a foundation curriculum
course under Section 28.002(a)(1) to determine the degree to which
the material:
(1) complies with the instructional materials adopted
by the school district; and
(2) is appropriately rigorous for the grade level in
which it is being used.
(b) A review conducted under this section may only be
conducted using a rubric developed by the agency and approved by the
State Board of Education.
(c) The agency, in developing a review process under
Subsection (a):
(1) shall minimize, to the extent possible, the time a
classroom teacher is required to spend complying with a review
conducted under this section;
(2) may not, unless unavoidable, require a teacher to
spend more than 30 minutes on a single review conducted under this
section; and
(3) shall permit a regional education service center
or a private educational service provider approved by the agency to
conduct the review for a school district, if the center or provider
has completed the training offered by the agency under Subsection
(d).
(d) The agency shall provide to regional education service
centers and other private educational service providers approved by
the agency training relating to appropriately conducting a review
under this section.
(e) The agency shall adopt rules establishing a method for
providing grants or other funding for the purpose of conducting
reviews under this section.
SECTION 1.016. Subchapter D, Chapter 31, Education Code, is
amended by adding Section 31.154 to read as follows:
Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
The agency shall adopt rules requiring each school district to
develop and maintain an instructional materials parent portal.
(b) Rules adopted by the agency under Subsection (a) must
require a school district's instructional materials parent portal
to:
(1) provide to each parent of a student enrolled in the
district access to all instructional material adopted or used by
the district for the subject and grade level in which the student is
enrolled, including open education resource instructional
material;
(2) organize instructional material chronologically
by the date on which the material is planned to be used in the
classroom;
(3) be capable of being searched by subject and grade
level;
(4) for instructional material not available in a
digital format, contain sufficient information to allow a parent to
locate a physical copy of the material; and
(5) for graded tests, quizzes, or other assessments,
provide information detailing the process by which a parent may
contact the appropriate classroom teacher and review the material
in person under Section 26.006.
(c) To comply with an intellectual property license or other
restrictions placed on an instructional material and to maintain
security of the information contained in an instructional materials
parent portal under this section, a school district may require a
parent, before accessing the portal, to:
(1) enter a password;
(2) comply with other user access verification
procedures; and
(3) accept user terms and conditions, including a
condition that the instructional material cannot be shared.
(d) A parent's access to an instructional materials parent
portal under this section may be denied if the parent fails or
refuses to comply with a restriction under Subsection (c).
(e) A school district that denies a parent access under
Subsection (d) must permit the parent to appeal the denial to the
board of trustees of the school district.
(f) The commissioner may adopt rules as necessary to
implement this section and to ensure parental access to
instructional materials under Section 26.006 and this section.
SECTION 1.017. Section 33.004(b), Education Code, is
amended to read as follows:
(b) Each school, before implementing a comprehensive school
counseling program under Section 33.005, shall annually conduct a
preview of the program for parents and guardians. All materials,
including curriculum to be used during the year that is not
available digitally through an instructional materials parent
portal under Section 31.154, must be available for a parent or
guardian to preview during school hours. Materials or curriculum
not included in the materials on the instructional materials parent
portal or available on the campus for preview may not be used.
SECTION 1.019. Section 12.104(b), Education Code, as
amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) [(X)] parental options to retain a student
under Section 28.02124;
(AA) parental access to instructional materials
and curricula under Section 26.0061; and
(BB) parental rights to information regarding a
student's mental, emotional, and physical health-related needs and
related services offered by the school as provided by Section
26.0083.
SECTION 1.021. To the extent of any conflict, this Act
prevails over another Act of the 88th Legislature, Regular Session,
2023, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM
SECTION 2.001. The purpose of this article is to:
(1) provide additional educational options to assist
families in this state in exercising the right to direct the
educational needs of their children; and
(2) achieve a general diffusion of knowledge.
SECTION 2.002. Chapter 29, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Account" means an education savings account
established under the program.
(2) "Certified educational assistance organization"
means an organization certified under Section 29.354 to support the
administration of the program.
(3) "Child with a disability" means a child who is
eligible to participate in a school district's special education
program under Section 29.003.
(4) "Higher education provider" means an institution
of higher education or a private or independent institution of
higher education, as those terms are defined by Section 61.003.
(5) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(6) "Program" means the program established under this
subchapter.
(7) "Program participant" means a child and a parent
of a child enrolled in the program.
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
shall establish a program to provide funding for approved
education-related expenses of children participating in the
program.
Sec. 29.353. PROGRAM FUND. (a) The program fund is an
account in the general revenue fund to be administered by the
comptroller.
(b) The fund is composed of:
(1) general revenue transferred to the fund;
(2) money appropriated to the fund;
(3) gifts, grants, and donations received under
Section 29.370; and
(4) any other money available for purposes of the
program.
(c) Money in the fund may be appropriated only for the uses
specified by this subchapter.
Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
ORGANIZATIONS. (a) An organization may apply to the comptroller
for certification as a certified educational assistance
organization during an application period established by the
comptroller.
(b) To be eligible for certification, an organization must:
(1) have the ability to perform the duties and
functions required of a certified educational assistance
organization under this subchapter;
(2) be in good standing with the state; and
(3) be able to assist the comptroller in administering
the program, including the ability to:
(A) accept, process, and track applications for
the program;
(B) assist prospective applicants, applicants,
and program participants with finding preapproved education
service providers and vendors of educational products; and
(C) verify that program funding is used only for
approved education-related expenses.
(c) The comptroller may certify one or more educational
assistance organizations to support the administration of the
program, including by:
(1) administering:
(A) the application process under Section
29.356; and
(B) the program expenditures process under
Section 29.360; and
(2) assisting prospective applicants, applicants, and
program participants with understanding approved education-related
expenses and finding preapproved education service providers and
vendors of educational products.
Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
participate in the program if the child:
(1) is eligible to:
(A) attend a public school under Section 25.001;
or
(B) enroll in a public school's prekindergarten
program under Section 29.153; and
(2) either:
(A) is enrolled for the current school year in a
public school;
(B) attended a public school for at least 90
percent of the preceding school year; or
(C) is enrolling in prekindergarten or
kindergarten for the first time.
(b) A child who establishes eligibility under this section
may participate in the program until the earliest of the following
dates:
(1) the date on which the child graduates from high
school;
(2) the date on which the child is no longer eligible
to attend a public school under Section 25.001;
(3) the date on which the child enrolls in a public
school, including an open-enrollment charter school, in a manner in
which the child will be counted toward the school's average daily
attendance for purposes of the allocation of funding under the
foundation school program; or
(4) the date on which the child is declared ineligible
for the program by the comptroller under this subchapter.
Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
eligible child may apply to a certified educational assistance
organization to enroll the child in the program for the following
school year. The comptroller shall establish monthly deadlines by
which an applicant must complete and submit an application form to
participate in the program.
(b) On receipt of more acceptable applications for
admission under this section than available positions in the
program due to insufficient funding, a certified educational
assistance organization shall:
(1) for two-thirds of the available positions,
prioritize applicants who would otherwise attend a campus with an
overall performance rating under Section 39.054 of C, D, or F;
(2) fill the remaining one-third of available
positions with applicants who would otherwise attend a campus with
an overall performance rating under Section 39.054 of A or B; and
(3) subject to Subdivisions (1) and (2), consider
applications in the order received.
(c) A certified educational assistance organization shall
create an application form for the program and make the application
form readily available through various sources, including the
organization's Internet website. The application form must state
the monthly application deadlines established by the comptroller
under Subsection (a). Each organization shall ensure that the
application form, including any required supporting document, is
capable of being submitted to the organization electronically.
(d) A certified educational assistance organization shall
post on the organization's Internet website an applicant and
participant handbook with a description of the program, including:
(1) expenses allowed under the program under Section
29.359;
(2) a list of preapproved education service providers
and vendors of educational products under Section 29.358;
(3) a description of the application process under
this section and the program expenditures process under Section
29.360; and
(4) a description of the responsibilities of program
participants.
(e) A certified educational assistance organization shall
annually provide to each program participant the information
described by Subsection (d). The organization may provide the
information electronically.
(f) A certified educational assistance organization:
(1) may require a program participant to submit annual
notice regarding the participant's intent to continue
participating in the program for the next school year; and
(2) may not require a program participant in good
standing to annually resubmit an application for continued
participation in the program.
Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
under the program, a parent of an eligible child must agree to:
(1) spend money received through the program only for
expenses allowed under Section 29.359;
(2) share or authorize the administrator of an
assessment instrument to share with the program participant's
certified educational assistance organization the results of any
assessment instrument required to be administered to the child
under Section 29.358(b)(1)(B) or other law;
(3) refrain from selling an item purchased with
program money in accordance with Section 29.359(a)(2) until the end
of the 12th month after the date the item is purchased; and
(4) notify the program participant's certified
educational assistance organization not later than 30 days after
the date on which the child:
(A) enrolls in a public school, including an
open-enrollment charter school;
(B) graduates from high school; or
(C) is no longer eligible to either:
(i) enroll in a public school under Section
25.001; or
(ii) enroll in a public school's
prekindergarten program under Section 29.153.
Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller
shall by rule establish a process for the preapproval of education
service providers and vendors of educational products for
participation in the program. The comptroller shall allow for the
submission of applications on a rolling basis.
(b) The comptroller shall approve an education service
provider or vendor of educational products for participation in the
program if the provider or vendor:
(1) for a private school, demonstrates:
(A) accreditation by an organization recognized
by:
(i) the Texas Private School Accreditation
Commission; or
(ii) the agency; and
(B) annual administration of a nationally
norm-referenced assessment instrument or the appropriate
assessment instrument required under Subchapter B, Chapter 39;
(2) for a public school, demonstrates:
(A) accreditation by the agency; and
(B) the ability to provide services or products
to program participants in a manner in which the participants are
not counted toward the school's average daily attendance;
(3) for a private tutor, therapist, or teaching
service:
(A) demonstrates that the tutor or therapist or
each employee of the teaching service who intends to provide
educational services to a program participant:
(i) is an educator employed by or a retired
educator formerly employed by a school accredited by the agency, an
organization recognized by the agency, or an organization
recognized by the Texas Private School Accreditation Commission;
(ii) holds a relevant license or
accreditation issued by a state, regional, or national
certification or accreditation organization; or
(iii) is employed in or retired from a
teaching or tutoring capacity at a higher education provider;
(B) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a program participant either:
(i) completes a national criminal history
record information review; or
(ii) provides to the comptroller
documentation indicating that the tutor, therapist, or employee, as
applicable, has completed a national criminal history record
information review within a period established by comptroller rule;
and
(C) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a program participant is not included in the registry under Section
22.092;
(4) for a higher education provider, demonstrates
nationally recognized postsecondary accreditation; or
(5) for any provider or vendor not described by
Subdivision (1), (2), (3), or (4), presents any necessary
supporting documents concerning the provider's or vendor's
qualification to serve program participants.
(c) The comptroller shall review the national criminal
history record information or documentation for each private tutor,
therapist, or teaching service employee who submits information or
documentation under this section and verify that the individual is
not included in the registry under Section 22.092. The tutor,
therapist, or service must provide the comptroller with any
information requested by the comptroller to enable the comptroller
to complete the review.
(d) An education service provider or vendor of educational
products shall provide information requested by the comptroller to
verify the provider's or vendor's eligibility for preapproval under
Subsection (b). The comptroller may not approve a provider or
vendor if the comptroller cannot verify the provider's or vendor's
eligibility for preapproval.
(e) An education service provider or vendor of educational
products that no longer satisfies the requirements of this section
must notify the comptroller not later than the 30th day after the
date that the provider or vendor no longer meets the requirements.
(f) This section may not be construed to allow a learning
pod, as defined by Section 27.001, or a home school to qualify as an
approved education service provider or vendor of educational
products.
Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
Subject to Subsection (b), money received under the program may be
used only for the following education-related expenses incurred by
a child participating in the program at a preapproved education
service provider or vendor of educational products:
(1) tuition and fees for a private school, as defined
by Sec. 111.001, Education Code;
(2) the purchase of textbooks or other instructional
materials or uniforms required by a school, higher education
provider, or course in which the child is enrolled;
(3) costs related to academic assessments;
(4) fees for services provided by a private tutor or
teaching service;
(5) fees for transportation provided by a
fee-for-service transportation provider for the child to travel to
and from a preapproved education service provider or vendor of
educational products; and
(6) fees for educational therapies or services
provided by a practitioner or provider, only for fees that are not
covered by any federal, state, or local government benefits such as
Medicaid or the Children's Health Insurance Program (CHIP) or by
any private insurance that the child is enrolled in at the time of
receiving the therapies or services.
(b) Money received under the program may not be used to pay
any person who is related to the program participant within the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code.
(c) A finding that a program participant used money
distributed under the program to pay for an expense not allowed
under Subsection (a) does not affect the validity of any payment
made by the participant for an approved education-related expense
that is allowed under that subsection.
Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
shall disburse from the program fund to each certified educational
assistance organization the amount specified under Section
29.361(a) for each program participant for whom the organization
administers an account.
(b) To initiate payment to an education service provider or
vendor of educational products for an expense approved under
Section 29.359, the program participant must submit a request to
the participant's certified educational assistance organization.
(c) Subject to Subsection (d) and Sections 29.362(g) and
29.364, on receiving a request under Subsection (b), a certified
educational assistance organization shall verify that the request
is for an expense approved under Section 29.359 and, not later than
the 15th business day after the date the organization verifies the
request, send payment to the education service provider or vendor
of educational products.
(d) A disbursement under this section may not exceed the
program participant's account balance.
(e) A certified educational assistance organization shall
provide program participants with electronic access to:
(1) the program participant's current account balance;
(2) the payment initiation process under Subsection
(b); and
(3) a summary of the program participant's past
activity, including expenditures and selected education service
providers or vendors of educational products.
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
of the monthly deadline by which the parent applies for enrollment
in the program under Section 29.356(a), a parent of an eligible
child shall receive each year that the child participates in the
program an annual payment from the state from funds available under
Section 29.353 to the child's account in the amount of $8,000.
(b) This subsection applies only to a school district with a
student enrollment of less than 20,000. For the first two school
years during which a child residing in the district participates in
the program, a school district to which this subsection applies is
entitled to receive $10,000.
(c) Any money remaining in a child's account at the end of a
fiscal year is carried forward to the next fiscal year unless
another provision of this subchapter mandates the closure of the
account.
(d) The parent of a child participating in the program may
make payments for the expenses of educational programs, services,
and products not covered by money in the child's account.
(e) A payment under Subsection (a) may not be financed using
federal money or money from the available school fund or
instructional materials fund.
(f) Payments received under this subchapter do not
constitute taxable income to the eligible child's parent, unless
otherwise provided by federal law.
(g) Not later than May 1 of each year, the agency shall
submit to the comptroller the data necessary to calculate the
amount specified under Subsection (a).
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) The
comptroller shall make quarterly payments to each program
participant's account in equal amounts on or before the first day of
July, October, January, and April.
(b) The comptroller may deduct an amount from each quarterly
payment to a program participant's account to cover the
comptroller's cost of administering the program. The amount
deducted may not exceed three percent of the payment.
(c) Each quarter, the comptroller shall disburse to each
certified educational assistance organization an amount from the
total amount of money appropriated for purposes of this subchapter
to cover the organization's cost of administering the program. The
total amount disbursed to a certified educational assistance
organization under this subsection for a fiscal year may not exceed
five percent of the amount appropriated for purposes of this
subchapter for that fiscal year.
(d) The comptroller shall calculate each certified
educational assistance organization's disbursement under
Subsection (c) by multiplying the total amount to be disbursed by
the average percentage of the program participants served by the
organization during the preceding three months.
(e) On or before the first day of September and March, a
certified educational assistance organization shall:
(1) verify with the agency that each child
participating in the program is not enrolled in a public school,
including an open-enrollment charter school, in a manner in which
the child is counted toward the school's average daily attendance
for purposes of the allocation of state funding under the
foundation school program; and
(2) notify the comptroller if the organization
determines that a child participating in the program is enrolled in
a public school, including an open-enrollment charter school, in a
manner in which the child is counted toward the school's average
daily attendance for purposes of the allocation of state funding
under the foundation school program.
(f) The comptroller by rule shall establish a process by
which a program participant may authorize the comptroller to make a
payment directly from the participant's account to a preapproved
education service provider or vendor of educational products for an
expense allowed under Section 29.359.
(g) On the date on which a child who participated in the
program is no longer eligible to participate in the program under
Section 29.355 and payments for any expenses allowed under Section
29.359 from the child's account have been completed, the child's
account is closed and any remaining money is returned to the state
for deposit in the program fund.
Sec. 29.363. RANDOM AUDITING. (a) Each biennium, each
certified educational assistance organization shall contract with
a private entity to randomly audit accounts and student eligibility
data to ensure compliance with applicable law and program
requirements.
(b) In conducting an audit, the private entity may require a
program participant or the certified educational assistance
organization with which the entity contracts under Subsection (a)
to provide additional information and documentation regarding any
payment made under the program.
(c) The private entity shall report to the comptroller and
the certified educational assistance organization with which the
entity contracts under Subsection (a) any violation of this
subchapter or other relevant law found by the entity during an audit
conducted under this section. The comptroller shall report the
violation to:
(1) the education service provider or vendor of
educational products, as applicable; and
(2) the parent of each child participating in the
program who is affected by the violation.
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
shall suspend the account of a program participant who fails to
remain in good standing by complying with applicable law or a
requirement of the program.
(b) On suspension of an account under Subsection (a), the
comptroller shall notify the program participant in writing that
the account has been suspended and that no additional payments may
be made from the account. The notification must specify the grounds
for the suspension and state that the participant has 30 business
days to respond and take any corrective action required by the
comptroller.
(c) On the expiration of the 30-day period under Subsection
(b), the comptroller shall:
(1) order closure of the suspended account;
(2) order temporary reinstatement of the account,
conditioned on the performance of a specified action by the program
participant; or
(3) order full reinstatement of the account.
(d) The comptroller may recover money distributed under the
program that was used for expenses not allowed under Section 29.359
from the program participant or the entity that received the money
if the program participant's account is suspended or closed under
this section.
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
education service provider or vendor of educational products may
not charge a child participating in the program an amount greater
than the standard amount charged for that service or product by the
provider or vendor.
(b) An education service provider or vendor of educational
products receiving money distributed under the program may not in
any manner rebate, refund, or credit to or share with a program
participant, or any person on behalf of a participant, any program
money paid or owed by the participant to the provider or vendor.
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
comptroller or a certified educational assistance organization
obtains evidence of fraudulent use of an account, the comptroller
or organization shall notify the appropriate local county or
district attorney with jurisdiction over the residence of the
program participant.
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
educational assistance organization shall post on the
organization's Internet website and provide to each parent who
submits an application for the program a notice that:
(1) states that a private school is not subject to
federal and state laws regarding the provision of educational
services to a child with a disability in the same manner as a public
school; and
(2) provides information regarding rights to which a
child with a disability is entitled under federal and state law if
the child attends a public school, including:
(A) rights provided under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
(B) rights provided under Subchapter A.
(b) A private school in which a child with a disability who
is a program participant enrolls shall provide to the child's
parent a copy of the notice required under Subsection (a).
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) An education service provider or vendor of
educational products that receives money distributed under the
program is not a recipient of federal financial assistance on the
basis of receiving that money.
(b) A rule adopted or action taken related to the program by
an individual, governmental entity, court of law, or program
administrator may not:
(1) consider the actions of an education service
provider, vendor of educational products, or program participant to
be the actions of an agent of state government;
(2) limit:
(A) an education service provider's ability to
determine the methods used to educate the provider's students or to
exercise the provider's religious or institutional values; or
(B) a program participant's ability to determine
the participant's educational content or to exercise the
participant's religious values;
(3) obligate an education service provider or program
participant to act contrary to the provider's or participant's
religious or institutional values, as applicable;
(4) impose any regulation on an education service
provider, vendor of educational products, or program participant
beyond those regulations necessary to enforce the requirements of
the program; or
(5) require as a condition of receiving money
distributed under the program:
(A) an education service provider to modify the
provider's creed, practices, admissions policies, curriculum,
performance standards, employment policies, or assessments; or
(B) a program participant to modify the
participant's creed, practices, curriculum, performance standards,
or assessments.
(c) In a proceeding challenging a rule adopted by a state
agency or officer under this subchapter, the agency or officer has
the burden of proof to establish by clear and convincing evidence
that the rule:
(1) is necessary to implement or enforce the program
as provided by this subchapter;
(2) does not violate this section;
(3) does not impose an undue burden on a program
participant or an education service provider or vendor of
educational products that participates or applies to participate in
the program; and
(4) is the least restrictive means of accomplishing
the purpose of the program while recognizing the independence of an
education service provider to meet the educational needs of
students in accordance with the provider's religious or
institutional values.
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
request by the parent of a child participating or seeking to
participate in the program, the school district or open-enrollment
charter school that the child would otherwise attend shall provide
a copy of the child's school records possessed by the district or
school, if any, to the child's parent or, if applicable, the private
school the child attends.
(b) As necessary to verify a child's eligibility for the
program, the agency, a school district, or an open-enrollment
charter school shall provide to a certified educational assistance
organization any information available to the agency, district, or
school requested by the organization regarding a child who
participates or seeks to participate in the program, including
information regarding the child's public school enrollment status
and whether the child can be counted toward a public school's
average daily attendance for purposes of the allocation of funding
under the foundation school program. The organization may not
retain information provided under this subsection beyond the period
necessary to determine a child's eligibility to participate in the
program.
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
and a certified educational assistance organization may solicit and
accept gifts, grants, and donations from any public or private
source for any expenses related to the administration of the
program, including establishing the program and contracting for the
report required under Section 29.371.
Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall
contract with a higher education provider to compile program data
and produce an annual longitudinal report regarding:
(1) the number of program applications received,
accepted, and waitlisted, disaggregated by age;
(2) program participant satisfaction;
(3) the results of assessment instruments shared in
accordance with Section 29.357(2);
(4) the effect of the program on public and private
school capacity, availability, and quality;
(5) the amount of cost savings accruing to the state as
a result of the program;
(6) in a report submitted in an even-numbered year
only, an estimate of the total amount of funding required for the
program for the next state fiscal biennium;
(7) the amount of gifts, grants, and donations
received under Section 29.370; and
(8) based on surveys of former program participants or
other sources available to the higher education provider, the
number and percentage of program participants who, within one year
after graduating from high school, are:
(A) college ready, as indicated by earning a
minimum of 12 non-remedial semester credit hours or the equivalent
or an associate degree from a postsecondary educational
institution;
(B) career ready, as indicated by:
(i) earning a credential of value included
in the library of credentials established under Section 2308A.007,
Government Code; or
(ii) employment at or above the median wage
in the participant's region; or
(C) military ready, as indicated by achieving a
passing score set by the applicable military branch on the Armed
Services Vocational Aptitude Battery and enlisting in the armed
forces of the United States or the Texas National Guard.
(b) In producing the report, the higher education provider
shall:
(1) use appropriate analytical and behavioral science
methodologies to ensure public confidence in the report; and
(2) comply with the requirements regarding the
confidentiality of student educational information under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(c) The report must cover a period of not less than five
years and include, subject to Subsection (b)(2), the data analyzed
and methodology used.
(d) The comptroller and each certified educational
assistance organization shall post the report on the comptroller's
and organization's respective Internet websites.
Sec. 29.372. RULES; PROCEDURES. The comptroller shall adopt
rules and procedures as necessary to implement, administer, and
enforce this subchapter.
Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program
participant may appeal to the comptroller an administrative
decision made by the comptroller or a certified educational
assistance organization under this subchapter, including a
decision regarding eligibility, allowable expenses, or the
participant's removal from the program.
(b) A program participant, education service provider, or
vendor of educational products who is adversely affected or
aggrieved by a decision made by the comptroller or a certified
educational assistance organization under this subchapter may file
a suit challenging the decision in a district court in the county in
which the program participant resides or the provider or vendor has
its principal place of business, as applicable.
Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A
program participant, education service provider, or vendor of
educational products may intervene in any civil action challenging
the constitutionality of the program.
(b) A court in which a civil action described by Subsection
(a) is filed may require that all program participants, education
service providers, and vendors of educational products wishing to
intervene in the action file a joint brief. A program participant,
education service provider, or vendor of educational products may
not be required to join a brief filed on behalf of the state or a
state agency.
SECTION 2.003. Section 22.092(d), Education Code, is
amended to read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) the comptroller for the purpose of preapproving
education service providers and vendors of educational products
under Section 29.358 for participation in the program established
under Subchapter J, Chapter 29.
SECTION 2.004. Section 411.109, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The comptroller is entitled to obtain criminal history
record information maintained by the department about a person who
is a private tutor, a therapist, or an employee of a teaching
service or school who intends to provide educational services to a
child participating in the program established under Subchapter J,
Chapter 29, Education Code, and is seeking approval to receive
money distributed under that program.
SECTION 2.005. Subchapter J, Chapter 29, Education Code, as
added by this article, applies beginning with the 2024-2025 school
year.
SECTION 2.006. (a) Not later than November 15, 2023, the
comptroller of public accounts shall adopt rules as provided by
Section 29.372, Education Code, as added by this article.
(b) The comptroller of public accounts may identify rules
required by the passage of Subchapter J, Chapter 29, Education
Code, as added by this article, that must be adopted on an emergency
basis for purposes of the 2024-2025 school year and may use the
procedures established under Section 2001.034, Government Code,
for adopting those rules. The comptroller of public accounts is not
required to make the finding described by Section 2001.034(a),
Government Code, to adopt emergency rules under this subsection.
SECTION 2.007. (a) The constitutionality and other validity
under the state or federal constitution of all or any part of
Subchapter J, Chapter 29, Education Code, as added by this article,
may be determined in an action for declaratory judgment under
Chapter 37, Civil Practice and Remedies Code, in a district court in
the county in which the violation is alleged to have occurred or
where the plaintiff resides or has its principal place of business.
(b) An order, however characterized, of a trial court
granting or denying a temporary or otherwise interlocutory
injunction or a permanent injunction on the grounds of the
constitutionality or unconstitutionality, or other validity or
invalidity, under the state or federal constitution of all or any
part of Subchapter J, Chapter 29, Education Code, as added by this
article, may be reviewed only by direct appeal to the Texas Supreme
Court filed not later than the 15th day after the date on which the
order was entered. The Texas Supreme Court shall give precedence to
appeals under this section over other matters.
(c) The direct appeal is an accelerated appeal.
(d) This section exercises the authority granted by Section
3-b, Article V, Texas Constitution.
(e) The filing of a direct appeal under this section will
automatically stay any temporary or otherwise interlocutory
injunction or permanent injunction granted in accordance with this
section pending final determination by the Texas Supreme Court,
unless the supreme court makes specific findings that the applicant
seeking such injunctive relief has pleaded and proved that:
(1) the applicant has a probable right to the relief it
seeks on final hearing;
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
adequate legal remedy; and
(3) maintaining the injunction is in the public
interest.
(f) An appeal under this section, including an
interlocutory, accelerated, or direct appeal, is governed, as
applicable, by the Texas Rules of Appellate Procedure, including
Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
40.1(b), and 49.4.
(g) This section does not authorize an award of attorney's
fees against this state, and Section 37.009, Civil Practice and
Remedies Code, does not apply to an action filed under this section.
(h) This section does not authorize a taxpayer suit to
contest the denial of a tax credit by the comptroller of public
accounts.
SECTION 2.008. It is the intent of the legislature that
every provision, section, subsection, sentence, clause, phrase, or
word in this article, and every application of the provisions in
this article to each person or entity, are severable from each
other. If any application of any provision in this article to any
person, group of persons, or circumstances is found by a court to be
invalid for any reason, the remaining applications of that
provision to all other persons and circumstances shall be severed
and may not be affected.
ARTICLE 3. EFFECTIVE DATE
SECTION 3.001. (a) Except as provided by Subsection (b) of
this section, 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.
(b) Article 2 of this Act takes effect September 1, 2023.