Texas 2023 - 88th Regular

Texas House Bill HB5261 Compare Versions

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1	1	By: Frank H.B. No. 5261
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to public education, including parental rights and public
7	7	school responsibilities regarding instructional materials and the
8	8	establishment of an education savings account program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM
11	11	SECTION 1.001. Chapter 1, Education Code, is amended by
12	12	adding Section 1.009 to read as follows:
13	13	Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
14	14	The rights granted to parents under the laws of this state,
15	15	including the right to direct the moral and religious training of
16	16	the parent's child, make decisions concerning the child's
17	17	education, and consent to medical, psychiatric, and psychological
18	18	treatment of the parent's child under Section 151.001, Family Code,
19	19	may not be infringed on by any public elementary or secondary school
20	20	or state governmental entity, including the state or a political
21	21	subdivision of the state, unless the infringement is:
22	22	(1) necessary to further a compelling state interest,
23	23	such as providing life-saving care to a student; and
24	24	(2) narrowly tailored using the least restrictive
25	25	means to achieve that compelling state interest.
26	26	SECTION 1.002. Section 7.057(a), Education Code, is amended
27	27	to read as follows:
28	28	(a) Except as provided by Subsection (e), a person may
29	29	appeal in writing to the commissioner if the person is aggrieved by:
30	30	(1) the school laws of this state; or
31	31	(2) actions or decisions of any school district board
32	32	of trustees that violate:
33	33	(A) the school laws of this state; [or]
34	34	(B) a provision of a written employment contract
35	35	between the school district and a school district employee, if a
36	36	violation causes or would cause monetary harm to the employee; or
37	37	(C) the grievance procedure adopted by the school
38	38	district under Section 26.011.
39	39	SECTION 1.003. Section 11.161, Education Code, is amended
40	40	to read as follows:
41	41	Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. In a civil suit
42	42	or administrative proceeding brought under state law or rules[,]
43	43	against an independent school district or an officer of an
44	44	independent school district acting under color of office, the court
45	45	or another person authorized to make decisions regarding the
46	46	proceeding may award costs and reasonable attorney's fees if:
47	47	(1) the court or other authorized person finds that
48	48	the suit is frivolous, unreasonable, and without foundation; and
49	49	(2) the suit or proceeding is dismissed or judgment is
50	50	for the defendant.
51	51	SECTION 1.004. Section 25.035, Education Code, is amended
52	52	to read as follows:
53	53	Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
54	54	The boards of trustees of two or more [adjoining] school districts
55	55	or the boards of county school trustees of two or more [adjoining]
56	56	counties may, [by agreement and] in accordance with Sections
57	57	25.032, 25.033, and 25.034, arrange for the transfer and assignment
58	58	of any student from the jurisdiction of one board to that of
59	59	another. [In the case of the transfer and assignment of a student
60	60	under this section, the participating governing boards shall also
61	61	agree to the transfer of school funds or other payments
62	62	proportionate to the transfer of attendance.]
63	63	(b) A school district may deny approval of a transfer under
64	64	this section if:
65	65	(1) the district or a school in the district to which a
66	66	student seeks to transfer is at full student capacity or has more
67	67	requests for transfers than available positions;
68	68	(2) at the time a student seeks to transfer, the
69	69	student is suspended or expelled by the district in which the
70	70	student is enrolled; or
71	71	(3) approving the transfer would supersede a
72	72	court-ordered desegregation plan.
73	73	(c) A school district that has more applicants for transfer
74	74	under this section than available positions must fill the available
75	75	positions by lottery and must give priority to applicants in the
76	76	following order:
77	77	(1) students who are dependents of an employee of the
78	78	receiving district; and
79	79	(2) students receiving special education services
80	80	under Subchapter A, Chapter 29;
81	81	(3) students who are dependents of military personnel;
82	82	(4) students who are dependents of law enforcement
83	83	personnel;
84	84	(5) students in foster care;
85	85	(6) students who are the subject of court-ordered
86	86	modification of an order establishing conservatorship or
87	87	possession and access;
88	88	(7) students who are siblings of a student who is
89	89	enrolled in the receiving district at the time the student seeks to
90	90	transfer;
91	91	(8) students residing in the receiving district.
92	92	(d) A student who transfers to another school district under
93	93	this section may not be charged tuition. The student is included in
94	94	the average daily attendance of the district to which the student
95	95	transfers, beginning on the date the student begins attending
96	96	classes at that district.
97	97	(e) A receiving school district may, but is not required to,
98	98	provide transportation to a student who transfers to the receiving
99	99	district under this section.
100	100	(f) A receiving school district may revoke, at any time
101	101	during the school year, the approval of the student's transfer if
102	102	the student:
103	103	(1) fails to comply with a condition specified in the
104	104	agreement that is:
105	105	(A) a circumstance specified in the student code
106	106	of conduct under Section 37.001(a)(1);
107	107	(B) a condition specified in the student code of
108	108	conduct under Section 37.001(a)(2);
109	109	(C) conduct for which a student is required or
110	110	permitted to be removed from class and placed in a disciplinary
111	111	alternative education program under Section 37.006; or
112	112	(D) conduct for which a student is required or
113	113	permitted to be expelled from school under Section 37.007; or
114	114	(2) fails to maintain a specified school attendance
115	115	rate.
116	116	SECTION 1.005. Section 26.001, Education Code, is amended
117	117	by amending Subsections (a), (c), (d), and (e) and adding
118	118	Subsection (a-1) to read as follows:
119	119	(a) As provided under Section 151.001, Family Code, a parent
120	120	has the right to direct the moral and religious training of the
121	121	parent's child, make decisions concerning the child's education,
122	122	and consent to medical, psychiatric, and psychological treatment of
123	123	the child without obstruction or interference from this state, any
124	124	political subdivision of this state, a school district or
125	125	open-enrollment charter school, or any other governmental entity.
126	126	(a-1) Parents are partners with educators, administrators,
127	127	and school district boards of trustees in their children's
128	128	education. Parents shall be encouraged to actively participate in
129	129	creating and implementing educational programs for their children.
130	130	(c) Unless otherwise provided by law, a board of trustees,
131	131	administrator, educator, or other person shall comply with Section
132	132	1.009 and may not limit parental rights or withhold information
133	133	from a parent regarding the parent's child.
134	134	(d) Each board of trustees shall:
135	135	(1) provide for procedures to consider complaints that
136	136	a parent's right has been denied; [.]
137	137	(2) develop a plan for parental participation in the
138	138	district to improve parent and teacher cooperation, including in
139	139	the areas of homework, school attendance, and discipline;
140	140	(3) [(e) Each board of trustees shall] cooperate in
141	141	the establishment of ongoing operations of at least one
142	142	parent-teacher organization at each school in the district to
143	143	promote parental involvement in school activities; and
144	144	(4) provide information about parental rights and
145	145	options, including the right to withhold consent for or exempt the
146	146	parent's child from certain activities and instruction, that
147	147	addresses the parent's rights and options concerning:
148	148	(A) the child's course of study and supplemental
149	149	services;
150	150	(B) instructional materials and library
151	151	materials;
152	152	(C) health education instruction under Section
153	153	28.004;
154	154	(D) instruction regarding sexual orientation and
155	155	gender identity under Section 28.0043;
156	156	(E) school options, including virtual and remote
157	157	schooling options;
158	158	(F) immunizations under Section 38.001;
159	159	(G) gifted and talented programs;
160	160	(H) promotion, retention, and graduation
161	161	policies;
162	162	(I) grade, class rank, and attendance
163	163	information;
164	164	(J) state standards and requirements;
165	165	(K) data collection practices;
166	166	(L) health care services, including notice and
167	167	consent under Section 26.0083(g); and
168	168	(M) the local grievance procedure under Section
169	169	26.011.
170	170	SECTION 1.006. Chapter 26, Education Code, is amended by
171	171	adding Sections 26.0012, 26.0026, 26.0061, and 26.0083 to read as
172	172	follows:
173	173	Sec. 26.0012. RIGHT TO INFORMATION REGARDING PARENTAL
174	174	RIGHTS. (a) A parent may request in writing from a school district
175	175	superintendent information regarding a parental right under Title 1
176	176	or this title.
177	177	(b) If the superintendent denies a request made under
178	178	Subsection (a) or does not respond to the request within 10 days,
179	179	the parent may appeal to the district's board of trustees.
180	180	(c) The board of trustees must include an appeal made under
181	181	Subsection (b) in the business of the next board meeting after the
182	182	date the appeal is received.
183	183	Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
184	184	parent is entitled to choose the educational setting for the
185	185	parent's child, including public school, private school, or home
186	186	school.
187	187	Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
188	188	REVIEW. (a) The board of trustees of each school district shall
189	189	establish a process by which a parent of a student, as indicated on
190	190	the student registration form at the student's campus, may request
191	191	an instructional material review under Section 31.0236 for a
192	192	subject area in the grade level in which the student is enrolled.
193	193	(b) A process established under Subsection (a):
194	194	(1) may not require more than one parent of a student
195	195	to make the request;
196	196	(2) must provide for the board of trustees of the
197	197	school district to determine if the request will be granted, either
198	198	originally or through an appeal process; and
199	199	(3) may permit the requesting parent to review the
200	200	instructional material directly before the district conducts an
201	201	instructional material review under Section 31.0236.
202	202	(c) If the parents of at least 25 percent of the students
203	203	enrolled at a campus present to the board of trustees of the school
204	204	district in which the campus is located a petition for the board to
205	205	conduct an instructional material review under Section 31.0236, the
206	206	board shall conduct the review, unless, by a majority vote, the
207	207	board denies the request. A review conducted under this subsection
208	208	shall include a review of instructional materials for each subject
209	209	area or grade level specified in the petition.
210	210	(d) The commissioner may adopt rules to implement this
211	211	section.
212	212	Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
213	213	EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
214	214	The agency shall adopt a procedure for school districts to notify
215	215	the parent of a student enrolled in the district regarding any
216	216	change in:
217	217	(1) services provided to or monitoring of the student
218	218	related to the student's mental, emotional, or physical health or
219	219	well-being; or
220	220	(2) the district's ability to provide a safe and
221	221	supportive learning environment for the student.
222	222	(b) A procedure adopted under Subsection (a) must reinforce
223	223	the fundamental right of a parent to make decisions regarding the
224	224	upbringing and control of the parent's child by requiring school
225	225	district personnel to:
226	226	(1) encourage a student to discuss issues relating to
227	227	the student's well-being with the student's parent; or
228	228	(2) facilitate a discussion described under
229	229	Subdivision (1).
230	230	(c) A school district may not adopt a procedure that:
231	231	(1) prohibits a district employee from notifying the
232	232	parent of a student regarding:
233	233	(A) information about the student's mental,
234	234	emotional, or physical health or well-being; or
235	235	(B) a change in services provided to or
236	236	monitoring of the student related to the student's mental,
237	237	emotional, or physical health or well-being;
238	238	(2) encourages or has the effect of encouraging a
239	239	student to withhold from the student's parent information described
240	240	by Subdivision (1)(A); or
241	241	(3) prevents a parent from accessing education or
242	242	health records concerning the parent's child.
243	243	(d) Subsections (a) and (c) do not require the disclosure of
244	244	information to a parent if a reasonably prudent person would
245	245	believe the disclosure is likely to result in the student suffering
246	246	abuse or neglect, as those terms are defined by Section 261.001,
247	247	Family Code.
248	248	(e) A school district employee may not discourage or
249	249	prohibit parental knowledge of or involvement in critical decisions
250	250	affecting a student's mental, emotional, or physical health or
251	251	well-being.
252	252	(f) Any student support services training developed or
253	253	provided by a school district to district employees must comply
254	254	with any student services guidelines, standards, and frameworks
255	255	established by the State Board of Education and the agency.
256	256	(g) Before the first instructional day of each school year,
257	257	a school district shall provide to the parent of each student
258	258	enrolled in the district written notice of each health-related
259	259	service offered at the district campus the student attends. The
260	260	notice must include a statement of the parent's right to withhold
261	261	consent for or decline a health-related service. A parent's consent
262	262	to a health-related service does not waive a requirement of
263	263	Subsection (a), (c), or (e).
264	264	(h) Before administering a student well-being questionnaire
265	265	or health screening form to a student enrolled in prekindergarten
266	266	through 12th grade, a school district must provide a copy of the
267	267	questionnaire or form to the student's parent and obtain the
268	268	parent's consent to administer the questionnaire or form.
269	269	(i) This section may not be construed to:
270	270	(1) limit or alter the requirements of Section 38.004
271	271	of this code or Chapter 261, Family Code; or
272	272	(2) limit a school district employee's ability to
273	273	inquire about a student's daily well-being without parental
274	274	consent.
275	275	(j) Not later than June 30, 2024, the agency, the State
276	276	Board of Education, and the State Board for Educator Certification,
277	277	as appropriate, shall review and revise as necessary the following
278	278	to ensure compliance with this section:
279	279	(1) school counseling frameworks and standards;
280	280	(2) educator practices and professional conduct
281	281	principles; and
282	282	(3) any other student services personnel guidelines,
283	283	standards, or frameworks.
284	284	(k) Subsection (j) and this subsection expire September 1,
285	285	2025.
286	286	SECTION 1.007. Section 26.004(b), Education Code, is
287	287	amended to read as follows:
288	288	(b) A parent is entitled to access to all written records of
289	289	a school district concerning the parent's child, including:
290	290	(1) attendance records;
291	291	(2) test scores;
292	292	(3) grades;
293	293	(4) disciplinary records;
294	294	(5) counseling records;
295	295	(6) psychological records;
296	296	(7) applications for admission;
297	297	(8) medical records in accordance with Section
298	298	38.0095, including health and immunization information;
299	299	(9) teacher and school counselor evaluations;
300	300	(10) reports of behavioral patterns; and
301	301	(11) records relating to assistance provided for
302	302	learning difficulties, including information collected regarding
303	303	any intervention strategies used with the child.
304	304	SECTION 1.009. Section 26.008, Education Code, is amended
305	305	to read as follows:
306	306	Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
307	307	(a) Except as provided by Section 38.004, a [A] parent is entitled
308	308	to:
309	309	(1) full information regarding the school activities
310	310	of a parent's child; and
311	311	(2) prompt notification if a school district employee
312	312	suspects that an offense has been committed against the parent's
313	313	child [except as provided by Section 38.004].
314	314	(b) An attempt by any school district employee to encourage
315	315	or coerce a child to withhold information from the child's parent is
316	316	grounds for discipline under Section 21.104, 21.156, or 21.211, as
317	317	applicable, or by the State Board for Educator Certification, if
318	318	applicable.
319	319	SECTION 1.010. Section 26.009, Education Code, is amended
320	320	by amending Subsection (a) and adding Subsections (a-1), (a-2),
321	321	(c), (d), and (e) to read as follows:
322	322	(a) An employee of a school district must obtain the written
323	323	consent of a child's parent in the manner required by Subsection
324	324	(a-2) before the employee may:
325	325	(1) conduct a psychological examination, test, or
326	326	treatment, unless the examination, test, or treatment is required
327	327	under Section 38.004 or state or federal law regarding requirements
328	328	for special education; [or]
329	329	(2) subject to Subsection (b), make or authorize the
330	330	making of a videotape of a child or record or authorize the
331	331	recording of a child's voice;
332	332	(3) unless authorized by other law, collect, use,
333	333	store, or disclose a child's private or identifying information,
334	334	including data, health and medical information, and biometric
335	335	identifiers; or
336	336	(4) provide health care services or medication or
337	337	conduct a medical procedure.
338	338	(a-1) For purposes of Subsection (a), "biometric
339	339	identifier" means a blood sample, hair sample, skin sample, DNA
340	340	sample, body scan, retina or iris scan, fingerprint, voiceprint, or
341	341	record of hand or face geometry.
342	342	(a-2) Written consent for a parent's child to participate in
343	343	a district activity described by Subsection (a) must be signed by
344	344	the parent and returned to the district. A child may not
345	345	participate in the activity unless the district receives the
346	346	parent's signed written consent to that activity.
347	347	(c) Before the first instructional day of each school year,
348	348	a school district shall provide to the parent of each student
349	349	enrolled in the district written notice of any actions the district
350	350	may take involving the authorized collection, use, or storage of
351	351	information as described by Subsection (a)(3). The notice must:
352	352	(1) include a plain language explanation for the
353	353	district's collection, use, or storage of the child's information
354	354	and the district's legal authority to engage in that collection,
355	355	use, or storage; and
356	356	(2) be signed by the parent and returned to the
357	357	district.
358	358	(d) A school district shall take disciplinary action
359	359	against an employee responsible for allowing a child to participate
360	360	in an activity described by Subsection (a)(4) if the district did
361	361	not obtain a parent's consent for the child's participation in that
362	362	activity.
363	363	SECTION 1.011. Section 26.011, Education Code, is amended
364	364	to read as follows:
365	365	Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS]. (a)
366	366	The board of trustees of each school district shall adopt a
367	367	grievance procedure under which the board shall:
368	368	(1) address each grievance [complaint] that the board
369	369	receives concerning a violation of a right guaranteed by Section
370	370	1.009 or this chapter:
371	371	(A) if the grievance is filed before the later
372	372	of:
373	373	(i) the 90th day after the date on which the
374	374	parent received notice of an incident giving rise to the grievance;
375	375	or
376	376	(ii) the first day of the school year
377	377	following the school year in which an incident giving rise to the
378	378	grievance occurred; or
379	379	(B) regardless of whether the grievance was filed
380	380	during the period described by Paragraph (A) if the grievance was
381	381	informally brought to the attention of school district personnel
382	382	during the school year in which an incident giving rise to the
383	383	grievance occurred; and
384	384	(2) allow a parent at any time before a final decision
385	385	by the board to amend the parent's grievance.
386	386	(b) The board of trustees of a school district is not
387	387	required by Subsection (a) or Section 11.1511(b)(13) to address a
388	388	grievance [complaint] that the board receives concerning a
389	389	student's participation in an extracurricular activity that does
390	390	not involve a violation of a right guaranteed by this chapter. This
391	391	subsection does not affect a claim brought by a parent under the
392	392	Individuals with Disabilities Education Act (20 U.S.C. Section 1400
393	393	et seq.) or a successor federal statute addressing special
394	394	education services for a child with a disability.
395	395	(c) The board of trustees of each school district shall
396	396	ensure that each parent of a student enrolled in the district
397	397	receives notice of:
398	398	(1) the parent's rights under this title;
399	399	(2) the board's grievance procedure under Subsection
400	400	(a); and
401	401	(3) the requirement to appeal to the commissioner in
402	402	writing under Section 7.057 if aggrieved by the school laws of this
403	403	state or certain actions or decisions of any school district board
404	404	of trustees.
405	405	(d) The board of trustees of a school district shall ensure
406	406	a grievance procedure adopted under Subsection (a):
407	407	(1) authorizes a parent to notify the principal, or
408	408	the principal's designee, of the district campus the parent's child
409	409	attends regarding concerns related to:
410	410	(A) rights guaranteed under Section 1.009 or this
411	411	chapter;
412	412	(B) a violation of Section 28.0022, 28.004,
413	413	28.0043, or 33.023 or Chapter 38, or the implementation of those
414	414	provisions by the district; or
415	415	(C) a violation of Chapter 551, Government Code;
416	416	(2) requires that a principal or the principal's
417	417	designee:
418	418	(A) acknowledge receipt of a grievance under
419	419	Subdivision (1) not later than two school days after receipt of the
420	420	grievance; and
421	421	(B) not later than the 14th day after receipt of a
422	422	grievance described by Subdivision (1):
423	423	(i) resolve the issue that gave rise to the
424	424	grievance to the satisfaction of the parent who submitted the
425	425	grievance; or
426	426	(ii) provide to the parent who submitted
427	427	the grievance a written explanation of the principal's reason for
428	428	not resolving the issue to the parent's satisfaction;
429	429	(3) requires that, not later than the 30th day after
430	430	receipt of a grievance described by Subdivision (1), if the
431	431	principal fails to resolve the issue to the parent's satisfaction,
432	432	the superintendent or the superintendent's designee:
433	433	(A) resolve the issue that gave rise to the
434	434	grievance to the satisfaction of the parent who submitted the
435	435	grievance; or
436	436	(B) provide to the parent who submitted the
437	437	grievance a written explanation of the district's reason for not
438	438	resolving the issue to the parent's satisfaction; and
439	439	(4) requires that, not later than the earlier of the
440	440	30th day after receipt of a grievance described by Subdivision (1)
441	441	or the next meeting of the board, if the superintendent fails to
442	442	resolve the issue to the parent's satisfaction, the board, in
443	443	closed session:
444	444	(A) resolve the issue that gave rise to the
445	445	grievance to the satisfaction of the parent who submitted the
446	446	grievance; or
447	447	(B) provide to the parent who submitted the
448	448	grievance a written explanation of the board's reason for not
449	449	resolving the issue to the parent's satisfaction.
450	450	(e) The parties may mutually agree to adjust the timeline
451	451	for the procedure under this section.
452	452	SECTION 1.012. Chapter 26, Education Code, is amended by
453	453	adding Sections 26.0111, 26.0112, and 26.0113 to read as follows:
454	454	Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
455	455	(a) If a grievance filed with the board of trustees of a school
456	456	district under Section 26.011 is not resolved to a parent's
457	457	satisfaction, the parent may request that the commissioner appoint
458	458	a hearing examiner with the same powers and qualifications of a
459	459	hearing examiner under Subchapter F, Chapter 21, to review the
460	460	grievance and make recommendations to the State Board of Education
461	461	regarding its resolution.
462	462	(b) A parent must file a written request for a hearing under
463	463	this section with the commissioner not later than the 15th day after
464	464	the date on which the board of trustees of the district resolved the
465	465	parent's grievance under Section 26.011. The parent must provide
466	466	the district with a copy of the request and must provide the
467	467	commissioner with a copy of the district's resolution of the
468	468	grievance. The parties may agree in writing to extend by not more
469	469	than 10 days the deadline for requesting a hearing.
470	470	(c) The commissioner shall assign a hearing examiner to
471	471	review the grievance in the manner provided by Section 21.254. The
472	472	hearing examiner has the powers described by Sections 21.255 and
473	473	21.256 and shall conduct the hearing in the manner provided by those
474	474	sections as if the parent were a teacher.
475	475	(d) Not later than the 60th day after the date on which the
476	476	commissioner receives a parent's written request for a hearing, the
477	477	hearing examiner shall complete the hearing and make a written
478	478	recommendation to the State Board of Education that includes
479	479	proposed findings of fact and conclusions of law.
480	480	(e) Sections 21.257(c), (d), and (e) apply to a hearing
481	481	under this section in the same manner as a hearing conducted under
482	482	Subchapter F, Chapter 21.
483	483	(f) Section 21.258 applies to the State Board of Education
484	484	in the same manner as if the board were the board of trustees of the
485	485	school district or board subcommittee.
486	486	(g) Chapter 2001, Government Code, does not apply to the
487	487	State Board of Education's actions regarding the recommendation of
488	488	the hearing examiner.
489	489	(h) The costs of the hearing examiner, the court reporter,
490	490	the original hearing transcript, and any hearing room costs, if the
491	491	hearing room is not provided by the school district, shall be paid
492	492	by the school district.
493	493	Sec. 26.0112. DISCIPLINARY MEASURES. If at least five
494	494	grievances involving a certain school district are reviewed by a
495	495	hearing examiner under Section 26.0111 during a school year, the
496	496	superintendent of the school district must appear before the State
497	497	Board of Education to testify regarding the hearing examiner's
498	498	findings and the frequency of grievances against the district.
499	499	Sec. 26.0113. INVESTIGATION BY ATTORNEY GENERAL. The
500	500	attorney general may receive and investigate a parent's complaint
501	501	related to an immediate threat to the mental, emotional, or
502	502	physical bodily integrity, safety, or individual liberty of the
503	503	parent's child at a school district, including complaints
504	504	regarding:
505	505	(1) the district's failure to notify the parent
506	506	regarding the provision of a medical, counseling, or mental health
507	507	service or change in the status of services provided to the child in
508	508	accordance with Section 26.0083;
509	509	(2) a district employee conducting a psychological
510	510	screening, survey, or other method of obtaining written or
511	511	electronic documentation on the mental status of the child without
512	512	the parent's consent;
513	513	(3) exposure of the parent's child to harmful
514	514	material, as defined by Section 43.24, Penal Code;
515	515	(4) the district's failure to notify a parent
516	516	regarding a physical or sexual assault against the parent's child
517	517	or to protect the child from such an assault; and
518	518	(5) the district's failure to report to the proper
519	519	agency an incident that is required to be reported by law.
520	520	SECTION 1.013. Section 28.002, Education Code, is amended
521	521	by adding Subsection (c-4) to read as follows:
522	522	(c-4) The State Board of Education may not adopt standards
523	523	in violation of Section 28.0043.
524	524	SECTION 1.014. Subchapter A, Chapter 28, Education Code, is
525	525	amended by adding Section 28.0043 to read as follows:
526	526	Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
527	527	ORIENTATION AND GENDER IDENTITY. A school district,
528	528	open-enrollment charter school, or district or charter school
529	529	employee may not provide or allow a third party to provide
530	530	instruction, guidance, activities, or programming regarding sexual
531	531	orientation or gender identity:
532	532	(1) to students enrolled in prekindergarten through
533	533	twelfth grade; and
534	534	(2) in a manner that is not age-appropriate or
535	535	developmentally appropriate.
536	536	SECTION 1.015. Subchapter B, Chapter 31, Education Code, is
537	537	amended by adding Section 31.0236 to read as follows:
538	538	Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
539	539	MATERIAL. (a) The agency shall adopt rules developing a process by
540	540	which a school district may conduct a review of instructional
541	541	materials used by a classroom teacher in a foundation curriculum
542	542	course under Section 28.002(a)(1) to determine the degree to which
543	543	the material:
544	544	(1) complies with the instructional materials adopted
545	545	by the school district; and
546	546	(2) is appropriately rigorous for the grade level in
547	547	which it is being used.
548	548	(b) A review conducted under this section may only be
549	549	conducted using a rubric developed by the agency and approved by the
550	550	State Board of Education.
551	551	(c) The agency, in developing a review process under
552	552	Subsection (a):
553	553	(1) shall minimize, to the extent possible, the time a
554	554	classroom teacher is required to spend complying with a review
555	555	conducted under this section;
556	556	(2) may not, unless unavoidable, require a teacher to
557	557	spend more than 30 minutes on a single review conducted under this
558	558	section; and
559	559	(3) shall permit a regional education service center
560	560	or a private educational service provider approved by the agency to
561	561	conduct the review for a school district, if the center or provider
562	562	has completed the training offered by the agency under Subsection
563	563	(d).
564	564	(d) The agency shall provide to regional education service
565	565	centers and other private educational service providers approved by
566	566	the agency training relating to appropriately conducting a review
567	567	under this section.
568	568	(e) The agency shall adopt rules establishing a method for
569	569	providing grants or other funding for the purpose of conducting
570	570	reviews under this section.
571	571	SECTION 1.016. Subchapter D, Chapter 31, Education Code, is
572	572	amended by adding Section 31.154 to read as follows:
573	573	Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)
574	574	The agency shall adopt rules requiring each school district to
575	575	develop and maintain an instructional materials parent portal.
576	576	(b) Rules adopted by the agency under Subsection (a) must
577	577	require a school district's instructional materials parent portal
578	578	to:
579	579	(1) provide to each parent of a student enrolled in the
580	580	district access to all instructional material adopted or used by
581	581	the district for the subject and grade level in which the student is
582	582	enrolled, including open education resource instructional
583	583	material;
584	584	(2) organize instructional material chronologically
585	585	by the date on which the material is planned to be used in the
586	586	classroom;
587	587	(3) be capable of being searched by subject and grade
588	588	level;
589	589	(4) for instructional material not available in a
590	590	digital format, contain sufficient information to allow a parent to
591	591	locate a physical copy of the material; and
592	592	(5) for graded tests, quizzes, or other assessments,
593	593	provide information detailing the process by which a parent may
594	594	contact the appropriate classroom teacher and review the material
595	595	in person under Section 26.006.
596	596	(c) To comply with an intellectual property license or other
597	597	restrictions placed on an instructional material and to maintain
598	598	security of the information contained in an instructional materials
599	599	parent portal under this section, a school district may require a
600	600	parent, before accessing the portal, to:
601	601	(1) enter a password;
602	602	(2) comply with other user access verification
603	603	procedures; and
604	604	(3) accept user terms and conditions, including a
605	605	condition that the instructional material cannot be shared.
606	606	(d) A parent's access to an instructional materials parent
607	607	portal under this section may be denied if the parent fails or
608	608	refuses to comply with a restriction under Subsection (c).
609	609	(e) A school district that denies a parent access under
610	610	Subsection (d) must permit the parent to appeal the denial to the
611	611	board of trustees of the school district.
612	612	(f) The commissioner may adopt rules as necessary to
613	613	implement this section and to ensure parental access to
614	614	instructional materials under Section 26.006 and this section.
615	615	SECTION 1.017. Section 33.004(b), Education Code, is
616	616	amended to read as follows:
617	617	(b) Each school, before implementing a comprehensive school
618	618	counseling program under Section 33.005, shall annually conduct a
619	619	preview of the program for parents and guardians. All materials,
620	620	including curriculum to be used during the year that is not
621	621	available digitally through an instructional materials parent
622	622	portal under Section 31.154, must be available for a parent or
623	623	guardian to preview during school hours. Materials or curriculum
624	624	not included in the materials on the instructional materials parent
625	625	portal or available on the campus for preview may not be used.
626	626	SECTION 1.019. Section 12.104(b), Education Code, as
627	627	amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.
628	628	3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th
629	629	Legislature, Regular Session, 2021, is reenacted and amended to
630	630	read as follows:
631	631	(b) An open-enrollment charter school is subject to:
632	632	(1) a provision of this title establishing a criminal
633	633	offense;
634	634	(2) the provisions in Chapter 554, Government Code;
635	635	and
636	636	(3) a prohibition, restriction, or requirement, as
637	637	applicable, imposed by this title or a rule adopted under this
638	638	title, relating to:
639	639	(A) the Public Education Information Management
640	640	System (PEIMS) to the extent necessary to monitor compliance with
641	641	this subchapter as determined by the commissioner;
642	642	(B) criminal history records under Subchapter C,
643	643	Chapter 22;
644	644	(C) reading instruments and accelerated reading
645	645	instruction programs under Section 28.006;
646	646	(D) accelerated instruction under Section
647	647	28.0211;
648	648	(E) high school graduation requirements under
649	649	Section 28.025;
650	650	(F) special education programs under Subchapter
651	651	A, Chapter 29;
652	652	(G) bilingual education under Subchapter B,
653	653	Chapter 29;
654	654	(H) prekindergarten programs under Subchapter E
655	655	or E-1, Chapter 29, except class size limits for prekindergarten
656	656	classes imposed under Section 25.112, which do not apply;
657	657	(I) extracurricular activities under Section
658	658	33.081;
659	659	(J) discipline management practices or behavior
660	660	management techniques under Section 37.0021;
661	661	(K) health and safety under Chapter 38;
662	662	(L) the provisions of Subchapter A, Chapter 39;
663	663	(M) public school accountability and special
664	664	investigations under Subchapters A, B, C, D, F, G, and J, Chapter
665	665	39, and Chapter 39A;
666	666	(N) the requirement under Section 21.006 to
667	667	report an educator's misconduct;
668	668	(O) intensive programs of instruction under
669	669	Section 28.0213;
670	670	(P) the right of a school employee to report a
671	671	crime, as provided by Section 37.148;
672	672	(Q) bullying prevention policies and procedures
673	673	under Section 37.0832;
674	674	(R) the right of a school under Section 37.0052
675	675	to place a student who has engaged in certain bullying behavior in a
676	676	disciplinary alternative education program or to expel the student;
677	677	(S) the right under Section 37.0151 to report to
678	678	local law enforcement certain conduct constituting assault or
679	679	harassment;
680	680	(T) a parent's right to information regarding the
681	681	provision of assistance for learning difficulties to the parent's
682	682	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
683	683	(U) establishment of residency under Section
684	684	25.001;
685	685	(V) school safety requirements under Sections
686	686	37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
687	687	37.207, and 37.2071;
688	688	(W) the early childhood literacy and mathematics
689	689	proficiency plans under Section 11.185;
690	690	(X) the college, career, and military readiness
691	691	plans under Section 11.186; [and]
692	692	(Y) [(X)] parental options to retain a student
693	693	under Section 28.02124;
694	694	(AA) parental access to instructional materials
695	695	and curricula under Section 26.0061; and
696	696	(BB) parental rights to information regarding a
697	697	student's mental, emotional, and physical health-related needs and
698	698	related services offered by the school as provided by Section
699	699	26.0083.
700	700	SECTION 1.021. To the extent of any conflict, this Act
701	701	prevails over another Act of the 88th Legislature, Regular Session,
702	702	2023, relating to nonsubstantive additions to and corrections in
703	703	enacted codes.
704	704	ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM
705	705	SECTION 2.001. The purpose of this article is to:
706	706	(1) provide additional educational options to assist
707	707	families in this state in exercising the right to direct the
708	708	educational needs of their children; and
709	709	(2) achieve a general diffusion of knowledge.
710	710	SECTION 2.002. Chapter 29, Education Code, is amended by
711	711	adding Subchapter J to read as follows:
712	712	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
713	713	Sec. 29.351. DEFINITIONS. In this subchapter:
714	714	(1) "Account" means an education savings account
715	715	established under the program.
716	716	(2) "Certified educational assistance organization"
717	717	means an organization certified under Section 29.354 to support the
718	718	administration of the program.
719	719	(3) "Child with a disability" means a child who is
720	720	eligible to participate in a school district's special education
721	721	program under Section 29.003.
722	722	(4) "Higher education provider" means an institution
723	723	of higher education or a private or independent institution of
724	724	higher education, as those terms are defined by Section 61.003.
725	725	(5) "Parent" means a resident of this state who is a
726	726	natural or adoptive parent, managing or possessory conservator,
727	727	legal guardian, custodian, or other person with legal authority to
728	728	act on behalf of a child.
729	729	(6) "Program" means the program established under this
730	730	subchapter.
731	731	(7) "Program participant" means a child and a parent
732	732	of a child enrolled in the program.
733	733	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
734	734	shall establish a program to provide funding for approved
735	735	education-related expenses of children participating in the
736	736	program.
737	737	Sec. 29.353. PROGRAM FUND. (a) The program fund is an
738	738	account in the general revenue fund to be administered by the
739	739	comptroller.
740	740	(b) The fund is composed of:
741	741	(1) general revenue transferred to the fund;
742	742	(2) money appropriated to the fund;
743	743	(3) gifts, grants, and donations received under
744	744	Section 29.370; and
745	745	(4) any other money available for purposes of the
746	746	program.
747	747	(c) Money in the fund may be appropriated only for the uses
748	748	specified by this subchapter.
749	749	Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
750	750	ORGANIZATIONS. (a) An organization may apply to the comptroller
751	751	for certification as a certified educational assistance
752	752	organization during an application period established by the
753	753	comptroller.
754	754	(b) To be eligible for certification, an organization must:
755	755	(1) have the ability to perform the duties and
756	756	functions required of a certified educational assistance
757	757	organization under this subchapter;
758	758	(2) be in good standing with the state; and
759	759	(3) be able to assist the comptroller in administering
760	760	the program, including the ability to:
761	761	(A) accept, process, and track applications for
762	762	the program;
763	763	(B) assist prospective applicants, applicants,
764	764	and program participants with finding preapproved education
765	765	service providers and vendors of educational products; and
766	766	(C) verify that program funding is used only for
767	767	approved education-related expenses.
768	768	(c) The comptroller may certify one or more educational
769	769	assistance organizations to support the administration of the
770	770	program, including by:
771	771	(1) administering:
772	772	(A) the application process under Section
773	773	29.356; and
774	774	(B) the program expenditures process under
775	775	Section 29.360; and
776	776	(2) assisting prospective applicants, applicants, and
777	777	program participants with understanding approved education-related
778	778	expenses and finding preapproved education service providers and
779	779	vendors of educational products.
780	780	Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
781	781	participate in the program if the child:
782	782	(1) is eligible to:
783	783	(A) attend a public school under Section 25.001;
784	784	or
785	785	(B) enroll in a public school's prekindergarten
786	786	program under Section 29.153; and
787	787	(2) either:
788	788	(A) is enrolled for the current school year in a
789	789	public school;
790	790	(B) attended a public school for at least 90
791	791	percent of the preceding school year; or
792	792	(C) is enrolling in prekindergarten or
793	793	kindergarten for the first time.
794	794	(b) A child who establishes eligibility under this section
795	795	may participate in the program until the earliest of the following
796	796	dates:
797	797	(1) the date on which the child graduates from high
798	798	school;
799	799	(2) the date on which the child is no longer eligible
800	800	to attend a public school under Section 25.001;
801	801	(3) the date on which the child enrolls in a public
802	802	school, including an open-enrollment charter school, in a manner in
803	803	which the child will be counted toward the school's average daily
804	804	attendance for purposes of the allocation of funding under the
805	805	foundation school program; or
806	806	(4) the date on which the child is declared ineligible
807	807	for the program by the comptroller under this subchapter.
808	808	Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
809	809	eligible child may apply to a certified educational assistance
810	810	organization to enroll the child in the program for the following
811	811	school year. The comptroller shall establish monthly deadlines by
812	812	which an applicant must complete and submit an application form to
813	813	participate in the program.
814	814	(b) On receipt of more acceptable applications for
815	815	admission under this section than available positions in the
816	816	program due to insufficient funding, a certified educational
817	817	assistance organization shall:
818	818	(1) for two-thirds of the available positions,
819	819	prioritize applicants who would otherwise attend a campus with an
820	820	overall performance rating under Section 39.054 of C, D, or F;
821	821	(2) fill the remaining one-third of available
822	822	positions with applicants who would otherwise attend a campus with
823	823	an overall performance rating under Section 39.054 of A or B; and
824	824	(3) subject to Subdivisions (1) and (2), consider
825	825	applications in the order received.
826	826	(c) A certified educational assistance organization shall
827	827	create an application form for the program and make the application
828	828	form readily available through various sources, including the
829	829	organization's Internet website. The application form must state
830	830	the monthly application deadlines established by the comptroller
831	831	under Subsection (a). Each organization shall ensure that the
832	832	application form, including any required supporting document, is
833	833	capable of being submitted to the organization electronically.
834	834	(d) A certified educational assistance organization shall
835	835	post on the organization's Internet website an applicant and
836	836	participant handbook with a description of the program, including:
837	837	(1) expenses allowed under the program under Section
838	838	29.359;
839	839	(2) a list of preapproved education service providers
840	840	and vendors of educational products under Section 29.358;
841	841	(3) a description of the application process under
842	842	this section and the program expenditures process under Section
843	843	29.360; and
844	844	(4) a description of the responsibilities of program
845	845	participants.
846	846	(e) A certified educational assistance organization shall
847	847	annually provide to each program participant the information
848	848	described by Subsection (d). The organization may provide the
849	849	information electronically.
850	850	(f) A certified educational assistance organization:
851	851	(1) may require a program participant to submit annual
852	852	notice regarding the participant's intent to continue
853	853	participating in the program for the next school year; and
854	854	(2) may not require a program participant in good
855	855	standing to annually resubmit an application for continued
856	856	participation in the program.
857	857	Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
858	858	under the program, a parent of an eligible child must agree to:
859	859	(1) spend money received through the program only for
860	860	expenses allowed under Section 29.359;
861	861	(2) share or authorize the administrator of an
862	862	assessment instrument to share with the program participant's
863	863	certified educational assistance organization the results of any
864	864	assessment instrument required to be administered to the child
865	865	under Section 29.358(b)(1)(B) or other law;
866	866	(3) refrain from selling an item purchased with
867	867	program money in accordance with Section 29.359(a)(2) until the end
868	868	of the 12th month after the date the item is purchased; and
869	869	(4) notify the program participant's certified
870	870	educational assistance organization not later than 30 days after
871	871	the date on which the child:
872	872	(A) enrolls in a public school, including an
873	873	open-enrollment charter school;
874	874	(B) graduates from high school; or
875	875	(C) is no longer eligible to either:
876	876	(i) enroll in a public school under Section
877	877	25.001; or
878	878	(ii) enroll in a public school's
879	879	prekindergarten program under Section 29.153.
880	880	Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller
881	881	shall by rule establish a process for the preapproval of education
882	882	service providers and vendors of educational products for
883	883	participation in the program. The comptroller shall allow for the
884	884	submission of applications on a rolling basis.
885	885	(b) The comptroller shall approve an education service
886	886	provider or vendor of educational products for participation in the
887	887	program if the provider or vendor:
888	888	(1) for a private school, demonstrates:
889	889	(A) accreditation by an organization recognized
890	890	by:
891	891	(i) the Texas Private School Accreditation
892	892	Commission; or
893	893	(ii) the agency; and
894	894	(B) annual administration of a nationally
895	895	norm-referenced assessment instrument or the appropriate
896	896	assessment instrument required under Subchapter B, Chapter 39;
897	897	(2) for a public school, demonstrates:
898	898	(A) accreditation by the agency; and
899	899	(B) the ability to provide services or products
900	900	to program participants in a manner in which the participants are
901	901	not counted toward the school's average daily attendance;
902	902	(3) for a private tutor, therapist, or teaching
903	903	service:
904	904	(A) demonstrates that the tutor or therapist or
905	905	each employee of the teaching service who intends to provide
906	906	educational services to a program participant:
907	907	(i) is an educator employed by or a retired
908	908	educator formerly employed by a school accredited by the agency, an
909	909	organization recognized by the agency, or an organization
910	910	recognized by the Texas Private School Accreditation Commission;
911	911	(ii) holds a relevant license or
912	912	accreditation issued by a state, regional, or national
913	913	certification or accreditation organization; or
914	914	(iii) is employed in or retired from a
915	915	teaching or tutoring capacity at a higher education provider;
916	916	(B) the tutor or therapist or each employee of
917	917	the teaching service who intends to provide educational services to
918	918	a program participant either:
919	919	(i) completes a national criminal history
920	920	record information review; or
921	921	(ii) provides to the comptroller
922	922	documentation indicating that the tutor, therapist, or employee, as
923	923	applicable, has completed a national criminal history record
924	924	information review within a period established by comptroller rule;
925	925	and
926	926	(C) the tutor or therapist or each employee of
927	927	the teaching service who intends to provide educational services to
928	928	a program participant is not included in the registry under Section
929	929	22.092;
930	930	(4) for a higher education provider, demonstrates
931	931	nationally recognized postsecondary accreditation; or
932	932	(5) for any provider or vendor not described by
933	933	Subdivision (1), (2), (3), or (4), presents any necessary
934	934	supporting documents concerning the provider's or vendor's
935	935	qualification to serve program participants.
936	936	(c) The comptroller shall review the national criminal
937	937	history record information or documentation for each private tutor,
938	938	therapist, or teaching service employee who submits information or
939	939	documentation under this section and verify that the individual is
940	940	not included in the registry under Section 22.092. The tutor,
941	941	therapist, or service must provide the comptroller with any
942	942	information requested by the comptroller to enable the comptroller
943	943	to complete the review.
944	944	(d) An education service provider or vendor of educational
945	945	products shall provide information requested by the comptroller to
946	946	verify the provider's or vendor's eligibility for preapproval under
947	947	Subsection (b). The comptroller may not approve a provider or
948	948	vendor if the comptroller cannot verify the provider's or vendor's
949	949	eligibility for preapproval.
950	950	(e) An education service provider or vendor of educational
951	951	products that no longer satisfies the requirements of this section
952	952	must notify the comptroller not later than the 30th day after the
953	953	date that the provider or vendor no longer meets the requirements.
954	954	(f) This section may not be construed to allow a learning
955	955	pod, as defined by Section 27.001, or a home school to qualify as an
956	956	approved education service provider or vendor of educational
957	957	products.
958	958	Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
959	959	Subject to Subsection (b), money received under the program may be
960	960	used only for the following education-related expenses incurred by
961	961	a child participating in the program at a preapproved education
962	962	service provider or vendor of educational products:
963	963	(1) tuition and fees for a private school, as defined
964	964	by Sec. 111.001, Education Code;
965	965	(2) the purchase of textbooks or other instructional
966	966	materials or uniforms required by a school, higher education
967	967	provider, or course in which the child is enrolled;
968	968	(3) costs related to academic assessments;
969	969	(4) fees for services provided by a private tutor or
970	970	teaching service;
971	971	(5) fees for transportation provided by a
972	972	fee-for-service transportation provider for the child to travel to
973	973	and from a preapproved education service provider or vendor of
974	974	educational products; and
975	975	(6) fees for educational therapies or services
976	976	provided by a practitioner or provider, only for fees that are not
977	977	covered by any federal, state, or local government benefits such as
978	978	Medicaid or the Children's Health Insurance Program (CHIP) or by
979	979	any private insurance that the child is enrolled in at the time of
980	980	receiving the therapies or services.
981	981	(b) Money received under the program may not be used to pay
982	982	any person who is related to the program participant within the
983	983	third degree by consanguinity or affinity, as determined under
984	984	Chapter 573, Government Code.
985	985	(c) A finding that a program participant used money
986	986	distributed under the program to pay for an expense not allowed
987	987	under Subsection (a) does not affect the validity of any payment
988	988	made by the participant for an approved education-related expense
989	989	that is allowed under that subsection.
990	990	Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
991	991	shall disburse from the program fund to each certified educational
992	992	assistance organization the amount specified under Section
993	993	29.361(a) for each program participant for whom the organization
994	994	administers an account.
995	995	(b) To initiate payment to an education service provider or
996	996	vendor of educational products for an expense approved under
997	997	Section 29.359, the program participant must submit a request to
998	998	the participant's certified educational assistance organization.
999	999	(c) Subject to Subsection (d) and Sections 29.362(g) and
1000	1000	29.364, on receiving a request under Subsection (b), a certified
1001	1001	educational assistance organization shall verify that the request
1002	1002	is for an expense approved under Section 29.359 and, not later than
1003	1003	the 15th business day after the date the organization verifies the
1004	1004	request, send payment to the education service provider or vendor
1005	1005	of educational products.
1006	1006	(d) A disbursement under this section may not exceed the
1007	1007	program participant's account balance.
1008	1008	(e) A certified educational assistance organization shall
1009	1009	provide program participants with electronic access to:
1010	1010	(1) the program participant's current account balance;
1011	1011	(2) the payment initiation process under Subsection
1012	1012	(b); and
1013	1013	(3) a summary of the program participant's past
1014	1014	activity, including expenditures and selected education service
1015	1015	providers or vendors of educational products.
1016	1016	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
1017	1017	of the monthly deadline by which the parent applies for enrollment
1018	1018	in the program under Section 29.356(a), a parent of an eligible
1019	1019	child shall receive each year that the child participates in the
1020	1020	program an annual payment from the state from funds available under
1021	1021	Section 29.353 to the child's account in the amount of $8,000.
1022	1022	(b) This subsection applies only to a school district with a
1023	1023	student enrollment of less than 20,000. For the first two school
1024	1024	years during which a child residing in the district participates in
1025	1025	the program, a school district to which this subsection applies is
1026	1026	entitled to receive $10,000.
1027	1027	(c) Any money remaining in a child's account at the end of a
1028	1028	fiscal year is carried forward to the next fiscal year unless
1029	1029	another provision of this subchapter mandates the closure of the
1030	1030	account.
1031	1031	(d) The parent of a child participating in the program may
1032	1032	make payments for the expenses of educational programs, services,
1033	1033	and products not covered by money in the child's account.
1034	1034	(e) A payment under Subsection (a) may not be financed using
1035	1035	federal money or money from the available school fund or
1036	1036	instructional materials fund.
1037	1037	(f) Payments received under this subchapter do not
1038	1038	constitute taxable income to the eligible child's parent, unless
1039	1039	otherwise provided by federal law.
1040	1040	(g) Not later than May 1 of each year, the agency shall
1041	1041	submit to the comptroller the data necessary to calculate the
1042	1042	amount specified under Subsection (a).
1043	1043	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) The
1044	1044	comptroller shall make quarterly payments to each program
1045	1045	participant's account in equal amounts on or before the first day of
1046	1046	July, October, January, and April.
1047	1047	(b) The comptroller may deduct an amount from each quarterly
1048	1048	payment to a program participant's account to cover the
1049	1049	comptroller's cost of administering the program. The amount
1050	1050	deducted may not exceed three percent of the payment.
1051	1051	(c) Each quarter, the comptroller shall disburse to each
1052	1052	certified educational assistance organization an amount from the
1053	1053	total amount of money appropriated for purposes of this subchapter
1054	1054	to cover the organization's cost of administering the program. The
1055	1055	total amount disbursed to a certified educational assistance
1056	1056	organization under this subsection for a fiscal year may not exceed
1057	1057	five percent of the amount appropriated for purposes of this
1058	1058	subchapter for that fiscal year.
1059	1059	(d) The comptroller shall calculate each certified
1060	1060	educational assistance organization's disbursement under
1061	1061	Subsection (c) by multiplying the total amount to be disbursed by
1062	1062	the average percentage of the program participants served by the
1063	1063	organization during the preceding three months.
1064	1064	(e) On or before the first day of September and March, a
1065	1065	certified educational assistance organization shall:
1066	1066	(1) verify with the agency that each child
1067	1067	participating in the program is not enrolled in a public school,
1068	1068	including an open-enrollment charter school, in a manner in which
1069	1069	the child is counted toward the school's average daily attendance
1070	1070	for purposes of the allocation of state funding under the
1071	1071	foundation school program; and
1072	1072	(2) notify the comptroller if the organization
1073	1073	determines that a child participating in the program is enrolled in
1074	1074	a public school, including an open-enrollment charter school, in a
1075	1075	manner in which the child is counted toward the school's average
1076	1076	daily attendance for purposes of the allocation of state funding
1077	1077	under the foundation school program.
1078	1078	(f) The comptroller by rule shall establish a process by
1079	1079	which a program participant may authorize the comptroller to make a
1080	1080	payment directly from the participant's account to a preapproved
1081	1081	education service provider or vendor of educational products for an
1082	1082	expense allowed under Section 29.359.
1083	1083	(g) On the date on which a child who participated in the
1084	1084	program is no longer eligible to participate in the program under
1085	1085	Section 29.355 and payments for any expenses allowed under Section
1086	1086	29.359 from the child's account have been completed, the child's
1087	1087	account is closed and any remaining money is returned to the state
1088	1088	for deposit in the program fund.
1089	1089	Sec. 29.363. RANDOM AUDITING. (a) Each biennium, each
1090	1090	certified educational assistance organization shall contract with
1091	1091	a private entity to randomly audit accounts and student eligibility
1092	1092	data to ensure compliance with applicable law and program
1093	1093	requirements.
1094	1094	(b) In conducting an audit, the private entity may require a
1095	1095	program participant or the certified educational assistance
1096	1096	organization with which the entity contracts under Subsection (a)
1097	1097	to provide additional information and documentation regarding any
1098	1098	payment made under the program.
1099	1099	(c) The private entity shall report to the comptroller and
1100	1100	the certified educational assistance organization with which the
1101	1101	entity contracts under Subsection (a) any violation of this
1102	1102	subchapter or other relevant law found by the entity during an audit
1103	1103	conducted under this section. The comptroller shall report the
1104	1104	violation to:
1105	1105	(1) the education service provider or vendor of
1106	1106	educational products, as applicable; and
1107	1107	(2) the parent of each child participating in the
1108	1108	program who is affected by the violation.
1109	1109	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
1110	1110	shall suspend the account of a program participant who fails to
1111	1111	remain in good standing by complying with applicable law or a
1112	1112	requirement of the program.
1113	1113	(b) On suspension of an account under Subsection (a), the
1114	1114	comptroller shall notify the program participant in writing that
1115	1115	the account has been suspended and that no additional payments may
1116	1116	be made from the account. The notification must specify the grounds
1117	1117	for the suspension and state that the participant has 30 business
1118	1118	days to respond and take any corrective action required by the
1119	1119	comptroller.
1120	1120	(c) On the expiration of the 30-day period under Subsection
1121	1121	(b), the comptroller shall:
1122	1122	(1) order closure of the suspended account;
1123	1123	(2) order temporary reinstatement of the account,
1124	1124	conditioned on the performance of a specified action by the program
1125	1125	participant; or
1126	1126	(3) order full reinstatement of the account.
1127	1127	(d) The comptroller may recover money distributed under the
1128	1128	program that was used for expenses not allowed under Section 29.359
1129	1129	from the program participant or the entity that received the money
1130	1130	if the program participant's account is suspended or closed under
1131	1131	this section.
1132	1132	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
1133	1133	education service provider or vendor of educational products may
1134	1134	not charge a child participating in the program an amount greater
1135	1135	than the standard amount charged for that service or product by the
1136	1136	provider or vendor.
1137	1137	(b) An education service provider or vendor of educational
1138	1138	products receiving money distributed under the program may not in
1139	1139	any manner rebate, refund, or credit to or share with a program
1140	1140	participant, or any person on behalf of a participant, any program
1141	1141	money paid or owed by the participant to the provider or vendor.
1142	1142	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
1143	1143	comptroller or a certified educational assistance organization
1144	1144	obtains evidence of fraudulent use of an account, the comptroller
1145	1145	or organization shall notify the appropriate local county or
1146	1146	district attorney with jurisdiction over the residence of the
1147	1147	program participant.
1148	1148	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
1149	1149	educational assistance organization shall post on the
1150	1150	organization's Internet website and provide to each parent who
1151	1151	submits an application for the program a notice that:
1152	1152	(1) states that a private school is not subject to
1153	1153	federal and state laws regarding the provision of educational
1154	1154	services to a child with a disability in the same manner as a public
1155	1155	school; and
1156	1156	(2) provides information regarding rights to which a
1157	1157	child with a disability is entitled under federal and state law if
1158	1158	the child attends a public school, including:
1159	1159	(A) rights provided under the Individuals with
1160	1160	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
1161	1161	(B) rights provided under Subchapter A.
1162	1162	(b) A private school in which a child with a disability who
1163	1163	is a program participant enrolls shall provide to the child's
1164	1164	parent a copy of the notice required under Subsection (a).
1165	1165	Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
1166	1166	AUTONOMY. (a) An education service provider or vendor of
1167	1167	educational products that receives money distributed under the
1168	1168	program is not a recipient of federal financial assistance on the
1169	1169	basis of receiving that money.
1170	1170	(b) A rule adopted or action taken related to the program by
1171	1171	an individual, governmental entity, court of law, or program
1172	1172	administrator may not:
1173	1173	(1) consider the actions of an education service
1174	1174	provider, vendor of educational products, or program participant to
1175	1175	be the actions of an agent of state government;
1176	1176	(2) limit:
1177	1177	(A) an education service provider's ability to
1178	1178	determine the methods used to educate the provider's students or to
1179	1179	exercise the provider's religious or institutional values; or
1180	1180	(B) a program participant's ability to determine
1181	1181	the participant's educational content or to exercise the
1182	1182	participant's religious values;
1183	1183	(3) obligate an education service provider or program
1184	1184	participant to act contrary to the provider's or participant's
1185	1185	religious or institutional values, as applicable;
1186	1186	(4) impose any regulation on an education service
1187	1187	provider, vendor of educational products, or program participant
1188	1188	beyond those regulations necessary to enforce the requirements of
1189	1189	the program; or
1190	1190	(5) require as a condition of receiving money
1191	1191	distributed under the program:
1192	1192	(A) an education service provider to modify the
1193	1193	provider's creed, practices, admissions policies, curriculum,
1194	1194	performance standards, employment policies, or assessments; or
1195	1195	(B) a program participant to modify the
1196	1196	participant's creed, practices, curriculum, performance standards,
1197	1197	or assessments.
1198	1198	(c) In a proceeding challenging a rule adopted by a state
1199	1199	agency or officer under this subchapter, the agency or officer has
1200	1200	the burden of proof to establish by clear and convincing evidence
1201	1201	that the rule:
1202	1202	(1) is necessary to implement or enforce the program
1203	1203	as provided by this subchapter;
1204	1204	(2) does not violate this section;
1205	1205	(3) does not impose an undue burden on a program
1206	1206	participant or an education service provider or vendor of
1207	1207	educational products that participates or applies to participate in
1208	1208	the program; and
1209	1209	(4) is the least restrictive means of accomplishing
1210	1210	the purpose of the program while recognizing the independence of an
1211	1211	education service provider to meet the educational needs of
1212	1212	students in accordance with the provider's religious or
1213	1213	institutional values.
1214	1214	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
1215	1215	request by the parent of a child participating or seeking to
1216	1216	participate in the program, the school district or open-enrollment
1217	1217	charter school that the child would otherwise attend shall provide
1218	1218	a copy of the child's school records possessed by the district or
1219	1219	school, if any, to the child's parent or, if applicable, the private
1220	1220	school the child attends.
1221	1221	(b) As necessary to verify a child's eligibility for the
1222	1222	program, the agency, a school district, or an open-enrollment
1223	1223	charter school shall provide to a certified educational assistance
1224	1224	organization any information available to the agency, district, or
1225	1225	school requested by the organization regarding a child who
1226	1226	participates or seeks to participate in the program, including
1227	1227	information regarding the child's public school enrollment status
1228	1228	and whether the child can be counted toward a public school's
1229	1229	average daily attendance for purposes of the allocation of funding
1230	1230	under the foundation school program. The organization may not
1231	1231	retain information provided under this subsection beyond the period
1232	1232	necessary to determine a child's eligibility to participate in the
1233	1233	program.
1234	1234	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
1235	1235	and a certified educational assistance organization may solicit and
1236	1236	accept gifts, grants, and donations from any public or private
1237	1237	source for any expenses related to the administration of the
1238	1238	program, including establishing the program and contracting for the
1239	1239	report required under Section 29.371.
1240	1240	Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall
1241	1241	contract with a higher education provider to compile program data
1242	1242	and produce an annual longitudinal report regarding:
1243	1243	(1) the number of program applications received,
1244	1244	accepted, and waitlisted, disaggregated by age;
1245	1245	(2) program participant satisfaction;
1246	1246	(3) the results of assessment instruments shared in
1247	1247	accordance with Section 29.357(2);
1248	1248	(4) the effect of the program on public and private
1249	1249	school capacity, availability, and quality;
1250	1250	(5) the amount of cost savings accruing to the state as
1251	1251	a result of the program;
1252	1252	(6) in a report submitted in an even-numbered year
1253	1253	only, an estimate of the total amount of funding required for the
1254	1254	program for the next state fiscal biennium;
1255	1255	(7) the amount of gifts, grants, and donations
1256	1256	received under Section 29.370; and
1257	1257	(8) based on surveys of former program participants or
1258	1258	other sources available to the higher education provider, the
1259	1259	number and percentage of program participants who, within one year
1260	1260	after graduating from high school, are:
1261	1261	(A) college ready, as indicated by earning a
1262	1262	minimum of 12 non-remedial semester credit hours or the equivalent
1263	1263	or an associate degree from a postsecondary educational
1264	1264	institution;
1265	1265	(B) career ready, as indicated by:
1266	1266	(i) earning a credential of value included
1267	1267	in the library of credentials established under Section 2308A.007,
1268	1268	Government Code; or
1269	1269	(ii) employment at or above the median wage
1270	1270	in the participant's region; or
1271	1271	(C) military ready, as indicated by achieving a
1272	1272	passing score set by the applicable military branch on the Armed
1273	1273	Services Vocational Aptitude Battery and enlisting in the armed
1274	1274	forces of the United States or the Texas National Guard.
1275	1275	(b) In producing the report, the higher education provider
1276	1276	shall:
1277	1277	(1) use appropriate analytical and behavioral science
1278	1278	methodologies to ensure public confidence in the report; and
1279	1279	(2) comply with the requirements regarding the
1280	1280	confidentiality of student educational information under the
1281	1281	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1282	1282	Section 1232g).
1283	1283	(c) The report must cover a period of not less than five
1284	1284	years and include, subject to Subsection (b)(2), the data analyzed
1285	1285	and methodology used.
1286	1286	(d) The comptroller and each certified educational
1287	1287	assistance organization shall post the report on the comptroller's
1288	1288	and organization's respective Internet websites.
1289	1289	Sec. 29.372. RULES; PROCEDURES. The comptroller shall adopt
1290	1290	rules and procedures as necessary to implement, administer, and
1291	1291	enforce this subchapter.
1292	1292	Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program
1293	1293	participant may appeal to the comptroller an administrative
1294	1294	decision made by the comptroller or a certified educational
1295	1295	assistance organization under this subchapter, including a
1296	1296	decision regarding eligibility, allowable expenses, or the
1297	1297	participant's removal from the program.
1298	1298	(b) A program participant, education service provider, or
1299	1299	vendor of educational products who is adversely affected or
1300	1300	aggrieved by a decision made by the comptroller or a certified
1301	1301	educational assistance organization under this subchapter may file
1302	1302	a suit challenging the decision in a district court in the county in
1303	1303	which the program participant resides or the provider or vendor has
1304	1304	its principal place of business, as applicable.
1305	1305	Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A
1306	1306	program participant, education service provider, or vendor of
1307	1307	educational products may intervene in any civil action challenging
1308	1308	the constitutionality of the program.
1309	1309	(b) A court in which a civil action described by Subsection
1310	1310	(a) is filed may require that all program participants, education
1311	1311	service providers, and vendors of educational products wishing to
1312	1312	intervene in the action file a joint brief. A program participant,
1313	1313	education service provider, or vendor of educational products may
1314	1314	not be required to join a brief filed on behalf of the state or a
1315	1315	state agency.
1316	1316	SECTION 2.003. Section 22.092(d), Education Code, is
1317	1317	amended to read as follows:
1318	1318	(d) The agency shall provide equivalent access to the
1319	1319	registry maintained under this section to:
1320	1320	(1) private schools;
1321	1321	(2) public schools; [and]
1322	1322	(3) nonprofit teacher organizations approved by the
1323	1323	commissioner for the purpose of participating in the tutoring
1324	1324	program established under Section 33.913; and
1325	1325	(4) the comptroller for the purpose of preapproving
1326	1326	education service providers and vendors of educational products
1327	1327	under Section 29.358 for participation in the program established
1328	1328	under Subchapter J, Chapter 29.
1329	1329	SECTION 2.004. Section 411.109, Government Code, is amended
1330	1330	by adding Subsection (c) to read as follows:
1331	1331	(c) The comptroller is entitled to obtain criminal history
1332	1332	record information maintained by the department about a person who
1333	1333	is a private tutor, a therapist, or an employee of a teaching
1334	1334	service or school who intends to provide educational services to a
1335	1335	child participating in the program established under Subchapter J,
1336	1336	Chapter 29, Education Code, and is seeking approval to receive
1337	1337	money distributed under that program.
1338	1338	SECTION 2.005. Subchapter J, Chapter 29, Education Code, as
1339	1339	added by this article, applies beginning with the 2024-2025 school
1340	1340	year.
1341	1341	SECTION 2.006. (a) Not later than November 15, 2023, the
1342	1342	comptroller of public accounts shall adopt rules as provided by
1343	1343	Section 29.372, Education Code, as added by this article.
1344	1344	(b) The comptroller of public accounts may identify rules
1345	1345	required by the passage of Subchapter J, Chapter 29, Education
1346	1346	Code, as added by this article, that must be adopted on an emergency
1347	1347	basis for purposes of the 2024-2025 school year and may use the
1348	1348	procedures established under Section 2001.034, Government Code,
1349	1349	for adopting those rules. The comptroller of public accounts is not
1350	1350	required to make the finding described by Section 2001.034(a),
1351	1351	Government Code, to adopt emergency rules under this subsection.
1352	1352	SECTION 2.007. (a) The constitutionality and other validity
1353	1353	under the state or federal constitution of all or any part of
1354	1354	Subchapter J, Chapter 29, Education Code, as added by this article,
1355	1355	may be determined in an action for declaratory judgment under
1356	1356	Chapter 37, Civil Practice and Remedies Code, in a district court in
1357	1357	the county in which the violation is alleged to have occurred or
1358	1358	where the plaintiff resides or has its principal place of business.
1359	1359	(b) An order, however characterized, of a trial court
1360	1360	granting or denying a temporary or otherwise interlocutory
1361	1361	injunction or a permanent injunction on the grounds of the
1362	1362	constitutionality or unconstitutionality, or other validity or
1363	1363	invalidity, under the state or federal constitution of all or any
1364	1364	part of Subchapter J, Chapter 29, Education Code, as added by this
1365	1365	article, may be reviewed only by direct appeal to the Texas Supreme
1366	1366	Court filed not later than the 15th day after the date on which the
1367	1367	order was entered. The Texas Supreme Court shall give precedence to
1368	1368	appeals under this section over other matters.
1369	1369	(c) The direct appeal is an accelerated appeal.
1370	1370	(d) This section exercises the authority granted by Section
1371	1371	3-b, Article V, Texas Constitution.
1372	1372	(e) The filing of a direct appeal under this section will
1373	1373	automatically stay any temporary or otherwise interlocutory
1374	1374	injunction or permanent injunction granted in accordance with this
1375	1375	section pending final determination by the Texas Supreme Court,
1376	1376	unless the supreme court makes specific findings that the applicant
1377	1377	seeking such injunctive relief has pleaded and proved that:
1378	1378	(1) the applicant has a probable right to the relief it
1379	1379	seeks on final hearing;
1380	1380	(2) the applicant will suffer a probable injury that
1381	1381	is imminent and irreparable, and that the applicant has no other
1382	1382	adequate legal remedy; and
1383	1383	(3) maintaining the injunction is in the public
1384	1384	interest.
1385	1385	(f) An appeal under this section, including an
1386	1386	interlocutory, accelerated, or direct appeal, is governed, as
1387	1387	applicable, by the Texas Rules of Appellate Procedure, including
1388	1388	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
1389	1389	40.1(b), and 49.4.
1390	1390	(g) This section does not authorize an award of attorney's
1391	1391	fees against this state, and Section 37.009, Civil Practice and
1392	1392	Remedies Code, does not apply to an action filed under this section.
1393	1393	(h) This section does not authorize a taxpayer suit to
1394	1394	contest the denial of a tax credit by the comptroller of public
1395	1395	accounts.
1396	1396	SECTION 2.008. It is the intent of the legislature that
1397	1397	every provision, section, subsection, sentence, clause, phrase, or
1398	1398	word in this article, and every application of the provisions in
1399	1399	this article to each person or entity, are severable from each
1400	1400	other. If any application of any provision in this article to any
1401	1401	person, group of persons, or circumstances is found by a court to be
1402	1402	invalid for any reason, the remaining applications of that
1403	1403	provision to all other persons and circumstances shall be severed
1404	1404	and may not be affected.
1405	1405	ARTICLE 3. EFFECTIVE DATE
1406	1406	SECTION 3.001. (a) Except as provided by Subsection (b) of
1407	1407	this section, this Act takes effect immediately if it receives a
1408	1408	vote of two-thirds of all the members elected to each house, as
1409	1409	provided by Section 39, Article III, Texas Constitution. If this
1410	1410	Act does not receive the vote necessary for immediate effect, this
1411	1411	Act takes effect September 1, 2023.
1412	1412	(b) Article 2 of this Act takes effect September 1, 2023.