Texas 2023 - 88th Regular

Texas Senate Bill SB1474 Compare Versions

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1	1	By: Bettencourt, Creighton S.B. No. 1474
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to special education in public schools, including the
7	7	special education allotment under the Foundation School Program, an
8	8	education savings account program for certain children with
9	9	disabilities, and a grant program to reimburse public schools for
10	10	the cost of certain employer contributions for retirees of the
11	11	Teacher Retirement System of Texas employed to teach or provide
12	12	services related to special education.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Effective September 1, 2024, Section 8.051(d),
15	15	Education Code, is amended to read as follows:
16	16	(d) Each regional education service center shall maintain
17	17	core services for purchase by school districts and campuses. The
18	18	core services are:
19	19	(1) training and assistance in:
20	20	(A) teaching each subject area assessed under
21	21	Section 39.023; and
22	22	(B) providing instruction in personal financial
23	23	literacy as required under Section 28.0021;
24	24	(2) training and assistance in providing each program
25	25	that qualifies for a funding allotment under Section 48.102,
26	26	48.1021, 48.104, 48.105, or 48.109;
27	27	(3) assistance specifically designed for a school
28	28	district or campus assigned an unacceptable performance rating
29	29	under Section 39.054;
30	30	(4) training and assistance to teachers,
31	31	administrators, members of district boards of trustees, and members
32	32	of site-based decision-making committees;
33	33	(5) assistance specifically designed for a school
34	34	district that is considered out of compliance with state or federal
35	35	special education requirements, based on the agency's most recent
36	36	compliance review of the district's special education programs; and
37	37	(6) assistance in complying with state laws and rules.
38	38	SECTION 2. Chapter 22, Education Code, is amended by adding
39	39	Subchapter E to read as follows:
40	40	SUBCHAPTER E. RETIRED SPECIAL EDUCATION TEACHER GRANT PROGRAM
41	41	Sec. 22.151. RETIRED SPECIAL EDUCATION TEACHER GRANT
42	42	PROGRAM. (a) From money appropriated or otherwise available for
43	43	the purpose, the commissioner shall establish a grant program to
44	44	reimburse school districts and open-enrollment charter schools for
45	45	the cost of required contributions under Section 825.4092,
46	46	Government Code, for the employment of a retiree hired to teach
47	47	special education or provide services related to special education.
48	48	(b) A grant received under the program may only be used for
49	49	the cost of required contributions for the employment of a retiree:
50	50	(1) who retired before September 1, 2022; or
51	51	(2) as provided by the General Appropriations Act.
52	52	(c) If the amount of grant requests under the program
53	53	exceeds the amount appropriated or otherwise available for the
54	54	purpose, the commissioner shall proportionately reduce the amount
55	55	of each grant.
56	56	SECTION 3. Section 29.001, Education Code, is amended to
57	57	read as follows:
58	58	Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
59	59	LAW [STATEWIDE PLAN]. (a) As the state education agency
60	60	responsible for carrying out the purposes of Part B, Individuals
61	61	with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et
62	62	seq.), the [The] agency shall develop, and revise [modify] as
63	63	necessary, a comprehensive system to ensure statewide and local
64	64	compliance [design, consistent] with federal and state law related
65	65	to special education[, for the delivery of services to children
66	66	with disabilities in this state that includes rules for the
67	67	administration and funding of the special education program so that
68	68	a free appropriate public education is available to all of those
69	69	children between the ages of three and 21].
70	70	(b) The comprehensive system [statewide design] shall
71	71	include the provision of services primarily through school
72	72	districts and shared services arrangements, supplemented by
73	73	regional education service centers.
74	74	(c) The comprehensive system [agency] shall focus on
75	75	maximizing student outcomes and include [also develop and implement
76	76	a statewide plan with programmatic content that includes procedures
77	77	designed to]:
78	78	(1) rulemaking, technical assistance, guidance
79	79	documents, monitoring protocols, and other resources as necessary
80	80	to implement and ensure compliance with federal and state law
81	81	related to special education [ensure state compliance with
82	82	requirements for supplemental federal funding for all
83	83	state-administered programs involving the delivery of
84	84	instructional or related services to students with disabilities];
85	85	(2) the facilitation of [facilitate] interagency
86	86	coordination when other state agencies are involved in the delivery
87	87	of instructional or related services to students with disabilities;
88	88	(3) the pursuit of [periodically assess statewide
89	89	personnel needs in all areas of specialization related to special
90	90	education and pursue] strategies to meet statewide special
91	91	education and related services personnel [those] needs [through a
92	92	consortium of representatives from regional education service
93	93	centers, local education agencies, and institutions of higher
94	94	education and through other available alternatives];
95	95	(4) ensuring [ensure] that regional education service
96	96	centers throughout the state maintain a regional support function,
97	97	which may include direct service delivery and a component designed
98	98	to facilitate the placement of students with disabilities who
99	99	cannot be appropriately served in their resident districts;
100	100	(5) [allow the agency to] effectively monitoring
101	101	[monitor] and periodically conducting [conduct] site visits of all
102	102	school districts to ensure that rules adopted under this subchapter
103	103	[section] are applied in a consistent and uniform manner, to ensure
104	104	that districts are complying with those rules, and to ensure that
105	105	annual statistical reports filed by the districts and not otherwise
106	106	available through the Public Education Information Management
107	107	System under Sections 48.008 and 48.009 are accurate and complete;
108	108	and
109	109	(6) the provision of training and technical assistance
110	110	to ensure that:
111	111	(A) appropriately trained personnel are involved
112	112	in the diagnostic and evaluative procedures operating in all
113	113	districts and that those personnel routinely serve on district
114	114	admissions, review, and dismissal committees;
115	115	(B) [(7) ensure that] an individualized
116	116	education program for each student with a disability is properly
117	117	developed, implemented, and maintained in the least restrictive
118	118	environment that is appropriate to meet the student's educational
119	119	needs;
120	120	(C) [(8) ensure that,] when appropriate, each
121	121	student with a disability is provided an opportunity to participate
122	122	in career and technology and physical education classes[, in
123	123	addition to participating in regular or special classes];
124	124	(D) [(9) ensure that] each student with a
125	125	disability is provided necessary related services;
126	126	(E) [(10) ensure that] an individual assigned
127	127	to act as a surrogate parent for a child with a disability, as
128	128	provided by 20 U.S.C. Section 1415(b), is required to:
129	129	(i) [(A)] complete a training program that
130	130	complies with minimum standards established by agency rule;
131	131	(ii) [(B)] visit the child and the child's
132	132	school;
133	133	(iii) [(C)] consult with persons involved
134	134	in the child's education, including teachers, caseworkers,
135	135	court-appointed volunteers, guardians ad litem, attorneys ad
136	136	litem, foster parents, and caretakers;
137	137	(iv) [(D)] review the child's educational
138	138	records;
139	139	(v) [(E)] attend meetings of the child's
140	140	admission, review, and dismissal committee;
141	141	(vi) [(F)] exercise independent judgment
142	142	in pursuing the child's interests; and
143	143	(vii) [(G)] exercise the child's due
144	144	process rights under applicable state and federal law; and
145	145	(F) [(11) ensure that] each district develops a
146	146	process to be used by a teacher who instructs a student with a
147	147	disability in a regular classroom setting:
148	148	(i) [(A)] to request a review of the
149	149	student's individualized education program;
150	150	(ii) [(B)] to provide input in the
151	151	development of the student's individualized education program;
152	152	(iii) [(C)] that provides for a timely
153	153	district response to the teacher's request; and
154	154	(iv) [(D)] that provides for notification
155	155	to the student's parent or legal guardian of that response.
156	156	SECTION 4. Subchapter A, Chapter 29, Education Code, is
157	157	amended by adding Section 29.0012 to read as follows:
158	158	Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
159	159	least once each year, the board of trustees of a school district or
160	160	the governing body of an open-enrollment charter school shall
161	161	include during a public meeting a discussion of the performance of
162	162	students receiving special education services at the district or
163	163	school.
164	164	(b) The agency by rule shall adopt a set of performance
165	165	indicators for measuring and evaluating the quality of learning and
166	166	achievement for students receiving special education services at
167	167	the school district or open-enrollment charter school to be
168	168	considered at a meeting held under this section. The indicators
169	169	must include performance on the college, career, or military
170	170	readiness outcomes described by Section 48.110.
171	171	SECTION 5. Section 29.003, Education Code, is amended to
172	172	read as follows:
173	173	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
174	174	develop specific eligibility criteria based on the general
175	175	classifications established by this section and in accordance with
176	176	federal law [with reference to contemporary diagnostic or
177	177	evaluative terminologies and techniques]. Eligible students with
178	178	disabilities shall enjoy the right to a free appropriate public
179	179	education, which may include instruction in the regular classroom,
180	180	instruction through special teaching, or instruction through
181	181	contracts approved under this subchapter. Instruction shall be
182	182	supplemented by the provision of related services when appropriate.
183	183	(b) A student is eligible to participate in a school
184	184	district's special education program [if the student]:
185	185	(1) from birth through [is not more than] 21 years of
186	186	age if the student [and] has a visual [or auditory] impairment or is
187	187	deaf or hard of hearing and that disability prevents the student
188	188	from being adequately or safely educated in public school without
189	189	the provision of special education services; [or]
190	190	(2) from three years of age through five years of age
191	191	if the student is experiencing developmental delays as described by
192	192	20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
193	193	(3) from 3 years of age through [is at least three but
194	194	not more than] 21 years of age if the student [and] has one or more
195	195	of the [following] disabilities described by 20 U.S.C. Section
196	196	1401(3)(A) and that disability prevents the student from being
197	197	adequately or safely educated in public school without the
198	198	provision of special education services[:
199	199	[(A) physical disability;
200	200	[(B) intellectual or developmental disability;
201	201	[(C) emotional disturbance;
202	202	[(D) learning disability;
203	203	[(E) autism;
204	204	[(F) speech disability; or
205	205	[(G) traumatic brain injury].
206	206	SECTION 6. Subchapter A, Chapter 29, Education Code, is
207	207	amended by adding Section 29.0056 to read as follows:
208	208	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
209	209	CENTERS. (a) In this section, "state supported living center" has
210	210	the meaning assigned by Section 531.002, Health and Safety Code.
211	211	(b) The Health and Human Services Commission, in
212	212	collaboration with the agency and stakeholders who represent the
213	213	full continuum of educational residential placement options, shall
214	214	develop and provide to the agency materials regarding educational
215	215	residential placement options for children who may qualify for
216	216	placement in a state supported living center. The agency shall make
217	217	the materials developed under this subsection available to school
218	218	districts.
219	219	(c) At a meeting of a child's admission, review, and
220	220	dismissal committee at which residential placement is discussed,
221	221	the school district shall provide to the child's parent the
222	222	materials developed under Subsection (b).
223	223	SECTION 7. Section 29.008, Education Code, is amended by
224	224	amending Subsections (a) and (b) and adding Subsection (a-1) to
225	225	read as follows:
226	226	(a) The commissioner shall establish a list of approved
227	227	public or private facilities, institutions, or agencies inside or
228	228	outside of this state that a [A] school district, shared services
229	229	arrangement unit, or regional education service center may contract
230	230	with [a public or private facility, institution, or agency inside
231	231	or outside of this state] for the provision of services to students
232	232	with disabilities in a residential placement. The commissioner may
233	233	approve either the whole or a part of a facility or program.
234	234	(a-1) Each contract described by this section [for
235	235	residential placement] must be approved by the commissioner. The
236	236	commissioner may approve a [residential placement] contract under
237	237	this section only after at least a programmatic evaluation of
238	238	personnel qualifications, costs, adequacy of physical plant and
239	239	equipment, and curriculum content. [The commissioner may approve
240	240	either the whole or a part of a facility or program.]
241	241	(b) Except as provided by Subsection (c), costs of an
242	242	approved contract for residential placement may be paid from a
243	243	combination of federal, state, and local funds. The local share of
244	244	the total contract cost for each student is that portion of the
245	245	local tax effort that exceeds the district's local fund assignment
246	246	under Section 48.256, divided by the average daily attendance in
247	247	the district. If the contract involves a private facility, the
248	248	state share of the total contract cost is that amount remaining
249	249	after subtracting the local share. If the contract involves a
250	250	public facility, the state share is that amount remaining after
251	251	subtracting the local share from the portion of the contract that
252	252	involves the costs of instructional and related services. For
253	253	purposes of this subsection, "local tax effort" means the total
254	254	amount of money generated by taxes imposed for debt service and
255	255	maintenance and operation less any amounts paid into a tax
256	256	increment fund under Chapter 311, Tax Code. This subsection
257	257	expires September 1, 2027.
258	258	SECTION 8. The heading to Section 29.009, Education Code,
259	259	is amended to read as follows:
260	260	Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
261	261	SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
262	262	DISABILITIES].
263	263	SECTION 9. Section 29.010, Education Code, is amended to
264	264	read as follows:
265	265	Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
266	266	agency shall develop [adopt] and implement a comprehensive system
267	267	for monitoring school district compliance with federal and state
268	268	laws relating to special education. The monitoring system must
269	269	include a comprehensive cyclical process and a targeted risk-based
270	270	process [provide for ongoing analysis of district special education
271	271	data and of complaints filed with the agency concerning special
272	272	education services and for inspections of school districts at
273	273	district facilities]. The agency shall establish criteria and
274	274	instruments for use in determining district compliance under this
275	275	section [use the information obtained through analysis of district
276	276	data and from the complaints management system to determine the
277	277	appropriate schedule for and extent of the inspection].
278	278	(b) As part of the monitoring process [To complete the
279	279	inspection], the agency must obtain information from parents and
280	280	teachers of students in special education programs in the district.
281	281	(c) The agency shall develop and implement a system of
282	282	interventions and sanctions for school districts the agency
283	283	identifies as being in noncompliance with [whose most recent
284	284	monitoring visit shows a failure to comply with major requirements
285	285	of] the Individuals with Disabilities Education Act (20 U.S.C.
286	286	Section 1400 et seq.), federal regulations, state statutes, or
287	287	agency requirements necessary to carry out federal law or
288	288	regulations or state law relating to special education.
289	289	(d) The agency shall establish a graduated process of
290	290	sanctions to apply to [For] districts that remain in noncompliance
291	291	for more than one year[, the first stage of sanctions shall begin
292	292	with annual or more frequent monitoring visits]. The [Subsequent]
293	293	sanctions shall [may] range in severity and may include [up to] the
294	294	withholding of funds. If funds are withheld, the agency may use the
295	295	funds to provide, through alternative arrangements, services to
296	296	students and staff members in the district from which the funds are
297	297	withheld.
298	298	(e) The agency's complaint management division shall
299	299	develop a system for expedited investigation and resolution of
300	300	complaints concerning a district's failure to provide special
301	301	education or related services to a student eligible to participate
302	302	in the district's special education program.
303	303	[(f) This section does not create an obligation for or
304	304	impose a requirement on a school district or open-enrollment
305	305	charter school that is not also created or imposed under another
306	306	state law or a federal law.]
307	307	SECTION 10. Effective September 1, 2024, Section 29.014(d),
308	308	Education Code, is amended to read as follows:
309	309	(d) The basic allotment for a student enrolled in a district
310	310	to which this section applies is adjusted by the tier of intensity
311	311	of service defined in accordance with [weight for a homebound
312	312	student under] Section 48.102 and designated by commissioner rule
313	313	for use under this section [48.102(a)].
314	314	SECTION 11. Section 29.018, Education Code, is amended by
315	315	adding Subsection (g) to read as follows:
316	316	(g) This section expires September 1, 2026.
317	317	SECTION 12. Sections 29.022(a), (a-1), (b), (c), (c-1),
318	318	(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended
319	319	to read as follows:
320	320	(a) In order to promote student safety, on receipt of a
321	321	written request authorized under Subsection (a-1), a school
322	322	district or open-enrollment charter school shall provide
323	323	equipment, including a video camera, to the school or schools in the
324	324	district or the charter school campus or campuses specified in the
325	325	request. A school or campus that receives equipment as provided by
326	326	this subsection shall place, operate, and maintain one or more
327	327	video cameras in special education [self-contained] classrooms and
328	328	other special education settings [in which a majority of the
329	329	students in regular attendance are provided special education and
330	330	related services and are assigned to one or more self-contained
331	331	classrooms or other special education settings for at least 50
332	332	percent of the instructional day], provided that:
333	333	(1) a school or campus that receives equipment as a
334	334	result of the request by a parent or staff member is required to
335	335	place equipment only in classrooms or settings in which the
336	336	parent's child is in regular attendance or to which the staff member
337	337	is assigned, as applicable; and
338	338	(2) a school or campus that receives equipment as a
339	339	result of the request by a board of trustees, governing body,
340	340	principal, or assistant principal is required to place equipment
341	341	only in classrooms or settings identified by the requestor, if the
342	342	requestor limits the request to specific classrooms or settings
343	343	subject to this subsection.
344	344	(a-1) For purposes of Subsection (a):
345	345	(1) a parent of a child who receives special education
346	346	services in one or more special education [self-contained]
347	347	classrooms or other special education settings may request in
348	348	writing that equipment be provided to the school or campus at which
349	349	the child receives those services;
350	350	(2) a board of trustees or governing body may request
351	351	in writing that equipment be provided to one or more specified
352	352	schools or campuses at which one or more children receive special
353	353	education services in special education [self-contained]
354	354	classrooms or other special education settings;
355	355	(3) the principal or assistant principal of a school
356	356	or campus at which one or more children receive special education
357	357	services in special education [self-contained] classrooms or other
358	358	special education settings may request in writing that equipment be
359	359	provided to the principal's or assistant principal's school or
360	360	campus; and
361	361	(4) a staff member assigned to work with one or more
362	362	children receiving special education services in special education
363	363	[self-contained] classrooms or other special education settings
364	364	may request in writing that equipment be provided to the school or
365	365	campus at which the staff member works.
366	366	(b) A school or campus that places a video camera in a
367	367	special education classroom or other special education setting in
368	368	accordance with Subsection (a) shall operate and maintain the video
369	369	camera in the classroom or setting, as long as the classroom or
370	370	setting continues to satisfy the requirements under Subsection (a),
371	371	for the remainder of the school year in which the school or campus
372	372	received the request, unless the requestor withdraws the request in
373	373	writing. If for any reason a school or campus will discontinue
374	374	operation of a video camera during a school year, not later than the
375	375	fifth school day before the date the operation of the video camera
376	376	will be discontinued, the school or campus must notify the parents
377	377	of each student in regular attendance in the classroom or setting
378	378	that operation of the video camera will not continue unless
379	379	requested by a person eligible to make a request under Subsection
380	380	(a-1). Not later than the 10th school day before the end of each
381	381	school year, the school or campus must notify the parents of each
382	382	student in regular attendance in the classroom or setting that
383	383	operation of the video camera will not continue during the
384	384	following school year unless a person eligible to make a request for
385	385	the next school year under Subsection (a-1) submits a new request.
386	386	(c) Except as provided by Subsection (c-1), video cameras
387	387	placed under this section must be capable of:
388	388	(1) covering all areas of the special education
389	389	classroom or other special education setting, including a room
390	390	attached to the classroom or setting used for time-out; and
391	391	(2) recording audio from all areas of the special
392	392	education classroom or other special education setting, including a
393	393	room attached to the classroom or setting used for time-out.
394	394	(c-1) The inside of a bathroom or any area in the special
395	395	education classroom or other special education setting in which a
396	396	student's clothes are changed may not be visually monitored, except
397	397	for incidental coverage of a minor portion of a bathroom or changing
398	398	area because of the layout of the classroom or setting.
399	399	(d) Before a school or campus activates a video camera in a
400	400	special education classroom or other special education setting
401	401	under this section, the school or campus shall provide written
402	402	notice of the placement to all school or campus staff and to the
403	403	parents of each student attending class or engaging in school
404	404	activities in the classroom or setting.
405	405	(f) A school district or open-enrollment charter school may
406	406	solicit and accept gifts, grants, and donations from any person for
407	407	use in placing video cameras in special education classrooms or
408	408	other special education settings under this section.
409	409	(h) A school district or open-enrollment charter school may
410	410	not:
411	411	(1) allow regular or continual monitoring of video
412	412	recorded under this section; or
413	413	(2) use video recorded under this section for teacher
414	414	evaluation or for any other purpose other than the promotion of
415	415	safety of students receiving special education services in a
416	416	special education [self-contained] classroom or other special
417	417	education setting.
418	418	(k) The commissioner may adopt rules to implement and
419	419	administer this section, including rules regarding the special
420	420	education classrooms and other special education settings to which
421	421	this section applies.
422	422	(l) A school district or open-enrollment charter school
423	423	policy relating to the placement, operation, or maintenance of
424	424	video cameras under this section must:
425	425	(1) include information on how a person may appeal an
426	426	action by the district or school that the person believes to be in
427	427	violation of this section or a policy adopted in accordance with
428	428	this section, including the appeals process under Section 7.057;
429	429	(2) require that the district or school provide a
430	430	response to a request made under this section not later than the
431	431	seventh school business day after receipt of the request by the
432	432	person to whom it must be submitted under Subsection (a-3) that
433	433	authorizes the request or states the reason for denying the
434	434	request;
435	435	(3) except as provided by Subdivision (5), require
436	436	that a school or a campus begin operation of a video camera in
437	437	compliance with this section not later than the 45th school
438	438	business day, or the first school day after the 45th school business
439	439	day if that day is not a school day, after the request is authorized
440	440	unless the agency grants an extension of time;
441	441	(4) permit the parent of a student whose admission,
442	442	review, and dismissal committee has determined that the student's
443	443	placement for the following school year will be in a special
444	444	education classroom or other special education setting in which a
445	445	video camera may be placed under this section to make a request for
446	446	the video camera by the later of:
447	447	(A) the date on which the current school year
448	448	ends; or
449	449	(B) the 10th school business day after the date
450	450	of the placement determination by the admission, review, and
451	451	dismissal committee; and
452	452	(5) if a request is made by a parent in compliance with
453	453	Subdivision (4), unless the agency grants an extension of time,
454	454	require that a school or campus begin operation of a video camera in
455	455	compliance with this section not later than the later of:
456	456	(A) the 10th school day of the fall semester; or
457	457	(B) the 45th school business day, or the first
458	458	school day after the 45th school business day if that day is not a
459	459	school day, after the date the request is made.
460	460	(s) This section applies to the placement, operation, and
461	461	maintenance of a video camera in a special education
462	462	[self-contained] classroom or other special education setting
463	463	during the regular school year and extended school year services.
464	464	(t) A video camera placed under this section is not required
465	465	to be in operation for the time during which students are not
466	466	present in the special education classroom or other special
467	467	education setting.
468	468	SECTION 13. Sections 29.022(u)(3) and (4), Education Code,
469	469	are amended to read as follows:
470	470	(3) "Special education classroom or other special
471	471	education setting" means a classroom or setting primarily used for
472	472	delivering special education services to students who spend on
473	473	average less than 40 percent of an instructional day in a general
474	474	education classroom or setting ["Self-contained classroom" does
475	475	not include a classroom that is a resource room instructional
476	476	arrangement under Section 48.102].
477	477	(4) "Staff member" means a teacher, related service
478	478	provider, paraprofessional, counselor, or educational aide
479	479	assigned to work in a special education [self-contained] classroom
480	480	or other special education setting.
481	481	SECTION 14. Section 29.026(i), Education Code, is amended
482	482	to read as follows:
483	483	(i) A program selected to receive a grant under this section
484	484	is [The commissioner shall select programs and award grant funds to
485	485	those programs beginning in the 2018-2019 school year. The
486	486	selected programs are] to be funded for two years.
487	487	SECTION 15. Section 29.027(d), Education Code, is amended
488	488	to read as follows:
489	489	(d) A grant under this section is [The commissioner shall
490	490	select grant recipients and award grant funds beginning in the
491	491	2021-2022 school year. The grants are] to be awarded for two years.
492	492	SECTION 16. Subchapter A, Chapter 29, Education Code, is
493	493	amended by adding Section 29.029 to read as follows:
494	494	Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
495	495	STAFF. (a) From funds appropriated or otherwise available for the
496	496	purpose, the agency shall provide grants to school districts and
497	497	open-enrollment charter schools to increase the number of qualified
498	498	and appropriately credentialed special education staff, including
499	499	special education teachers, special education paraprofessionals,
500	500	evaluation personnel, ancillary instruction personnel, and related
501	501	service personnel.
502	502	(b) A school district or open-enrollment charter school
503	503	that receives a grant under this section shall require each person
504	504	the district or school uses the grant money to assist in becoming
505	505	licensed, certified, or otherwise credentialed as described by
506	506	Subsection (a) to work at the district or school for a period
507	507	established by commissioner rule.
508	508	(c) The commissioner shall adopt rules establishing the
509	509	period of required employment described by Subsection (b) and any
510	510	other rules necessary to implement this section.
511	511	SECTION 17. The heading to Subchapter A-1, Chapter 29,
512	512	Education Code, is amended to read as follows:
513	513	SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
514	514	SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
515	515	[PROGRAM]
516	516	SECTION 18. Sections 29.041(2) and (3), Education Code, are
517	517	amended to read as follows:
518	518	(2) "Supplemental [special education] instructional
519	519	materials" includes textbooks, computer hardware or software,
520	520	other technological devices, and other materials suitable for
521	521	addressing an educational need of a student receiving special
522	522	education services under Subchapter A.
523	523	(3) "Supplemental [special education] services" means
524	524	an additive service that provides an educational benefit to a
525	525	student receiving special education services under Subchapter A,
526	526	including:
527	527	(A) occupational therapy, physical therapy, and
528	528	speech therapy; and
529	529	(B) private tutoring and other supplemental
530	530	private instruction or programs.
531	531	SECTION 19. Sections 29.042(a) and (c), Education Code, are
532	532	amended to read as follows:
533	533	(a) The agency by rule shall establish and administer a
534	534	parent-directed [supplemental special education services and
535	535	instructional materials] program for students receiving special
536	536	education services, through which a parent may direct supplemental
537	537	services and supplemental instructional materials for the parent's
538	538	student [students] who meets [meet] the eligibility requirements
539	539	for participation in the program. Subject to Subsection (c), the
540	540	agency shall provide each student approved as provided by this
541	541	subchapter a grant in the amount provided under Section 48.305 [of
542	542	not more than $1,500] to purchase supplemental [special education]
543	543	services and supplemental [special education] instructional
544	544	materials.
545	545	(c) A student may receive a grant under this subchapter once
546	546	while enrolled in a grade level below grade six and once while
547	547	enrolled in grade six or above. A student may receive an additional
548	548	grant under this subchapter if the legislature appropriates money
549	549	for the additional grant in the General Appropriations Act [The
550	550	commissioner shall set aside an amount not to exceed $30 million
551	551	from the total amount of funds appropriated for each state fiscal
552	552	year to fund the program under this section. For each state fiscal
553	553	year, the total amount provided for student grants under Subsection
554	554	(a) may not exceed the amount set aside by the commissioner under
555	555	this subsection].
556	556	SECTION 20. Section 29.045, Education Code, is amended to
557	557	read as follows:
558	558	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
559	559	ACCOUNT. The [Subject to available funding the] agency shall
560	560	approve each student who meets the program eligibility criteria
561	561	established under Section 29.044 and assign to the student an
562	562	account maintained under Section 29.042(b). The account may only
563	563	be used by the student's parent to purchase supplemental [special
564	564	education] services or supplemental [special education]
565	565	instructional materials for the student, subject to Sections 29.046
566	566	and 29.047.
567	567	SECTION 21. Sections 29.046(a) and (b), Education Code, are
568	568	amended to read as follows:
569	569	(a) Money in an account assigned to a student under Section
570	570	29.045 may be used only for supplemental [special education]
571	571	services and supplemental [special education] instructional
572	572	materials.
573	573	(b) Supplemental [special education] services must be
574	574	provided by an agency-approved provider.
575	575	SECTION 22. Sections 29.047(a), (c), (d), and (e),
576	576	Education Code, are amended to read as follows:
577	577	(a) The agency shall establish criteria necessary for
578	578	agency approval for each category of provider of a professional
579	579	service that is a supplemental [special education] service, as
580	580	identified by the agency.
581	581	(c) The agency shall provide a procedure for providers of
582	582	supplemental [special education] services to apply to the agency to
583	583	become an agency-approved provider.
584	584	(d) The agency may establish criteria for agency approval of
585	585	vendors for each category of supplemental [special education]
586	586	instructional materials identified by the agency.
587	587	(e) If the agency establishes criteria for agency approval
588	588	for a vendor of a category of supplemental [special education]
589	589	instructional materials, the agency shall provide a procedure for
590	590	vendors of that category to apply to the agency to become an
591	591	agency-approved vendor.
592	592	SECTION 23. Subchapter A-1, Chapter 29, Education Code, is
593	593	amended by adding Section 29.0475 to read as follows:
594	594	Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
595	595	AUTONOMY. (a) A provider of supplemental services or vendor of
596	596	supplemental instructional materials that receives money
597	597	distributed under the program is not a recipient of federal
598	598	financial assistance on the basis of receiving that money.
599	599	(b) A rule adopted or action taken related to the program by
600	600	an individual, governmental entity, court of law, or program
601	601	administrator may not:
602	602	(1) consider the actions of a provider of supplemental
603	603	services, vendor of supplemental instructional materials, or
604	604	program participant to be the actions of an agent of state
605	605	government;
606	606	(2) limit:
607	607	(A) a provider of supplemental services' ability
608	608	to determine the methods used to educate the provider's students or
609	609	to exercise the provider's religious or institutional values; or
610	610	(B) a program participant's ability to determine
611	611	the participant's educational content or to exercise the
612	612	participant's religious values;
613	613	(3) obligate a provider of supplemental services or
614	614	program participant to act contrary to the provider's or
615	615	participant's religious or institutional values, as applicable;
616	616	(4) impose any regulation on a provider of
617	617	supplemental services, vendor of supplemental instructional
618	618	materials, or program participant beyond those regulations
619	619	necessary to enforce the requirements of the program; or
620	620	(5) require as a condition of receiving money
621	621	distributed under the program:
622	622	(A) a provider of supplemental services to modify
623	623	the provider's creed, practices, admissions policies, curriculum,
624	624	performance standards, employment policies, or assessments; or
625	625	(B) a program participant to modify the
626	626	participant's creed, practices, curriculum, performance standards,
627	627	or assessments.
628	628	(c) In a proceeding challenging a rule adopted by a state
629	629	agency or officer under this subchapter, the agency or officer has
630	630	the burden of proof to establish by clear and convincing evidence
631	631	that the rule:
632	632	(1) is necessary to implement or enforce the program
633	633	as provided by this subchapter;
634	634	(2) does not violate this section;
635	635	(3) does not impose an undue burden on a program
636	636	participant or a provider of supplemental services or vendor of
637	637	supplemental instructional materials that participates or applies
638	638	to participate in the program; and
639	639	(4) is the least restrictive means of accomplishing
640	640	the purpose of the program while recognizing the independence of a
641	641	provider of supplemental services to meet the educational needs of
642	642	students in accordance with the provider's religious or
643	643	institutional values.
644	644	SECTION 24. Section 29.048, Education Code, is amended to
645	645	read as follows:
646	646	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
647	647	DUTIES. (a) A student's admission, review, and dismissal
648	648	committee shall develop a student's individualized education
649	649	program under Section 29.005, in compliance with the Individuals
650	650	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
651	651	without consideration of any supplemental [special education]
652	652	services or supplemental instructional materials that may be
653	653	provided under the program under this subchapter.
654	654	(b) Unless the district first verifies that an account has
655	655	been assigned to the student under Section 29.045, the [The]
656	656	admission, review, and dismissal committee of a student approved
657	657	for participation in the program shall provide to the student's
658	658	parent at an admission, review, and dismissal committee meeting for
659	659	the student:
660	660	(1) information regarding the types of supplemental
661	661	[special education] services or supplemental instructional
662	662	materials available under the program and provided by
663	663	agency-approved providers for which an account maintained under
664	664	Section 29.042(b) for the student may be used; and
665	665	(2) instructions regarding accessing an account
666	666	described by Subdivision (1).
667	667	SECTION 25. Subchapter A-1, Chapter 29, Education Code, is
668	668	amended by adding Section 29.0485 to read as follows:
669	669	Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
670	670	Notwithstanding Section 7.057, a determination of the commissioner
671	671	under this subchapter is final and may not be appealed.
672	672	SECTION 26. Section 29.049, Education Code, is amended to
673	673	read as follows:
674	674	Sec. 29.049. RULES. The commissioner shall adopt rules as
675	675	necessary to administer the supplemental [special education]
676	676	services and supplemental instructional materials program under
677	677	this subchapter.
678	678	SECTION 27. Section 29.315, Education Code, is amended to
679	679	read as follows:
680	680	Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
681	681	UNDERSTANDING. The Texas Education Agency and the Texas School for
682	682	the Deaf shall develop[, agree to, and by commissioner rule adopt no
683	683	later than September 1, 1998,] a memorandum of understanding to
684	684	establish:
685	685	(1) the method for developing and reevaluating a set
686	686	of indicators of the quality of learning at the Texas School for the
687	687	Deaf;
688	688	(2) the process for the agency to conduct and report on
689	689	an annual evaluation of the school's performance on the indicators;
690	690	(3) the requirements for the school's board to
691	691	publish, discuss, and disseminate an annual report describing the
692	692	educational performance of the school;
693	693	(4) the process for the agency to assign an
694	694	accreditation status to the school, to reevaluate the status on an
695	695	annual basis, and, if necessary, to conduct monitoring reviews; and
696	696	(5) the type of information the school shall be
697	697	required to provide through the Public Education Information
698	698	Management System (PEIMS).
699	699	SECTION 28. Section 29.316(c), Education Code, is amended
700	700	to read as follows:
701	701	(c) Not later than August 31 of each year, the agency, the
702	702	division, and the center jointly shall prepare and post on the
703	703	agency's, the division's, and the center's respective Internet
704	704	websites a report on the language acquisition of children eight
705	705	years of age or younger who are deaf or hard of hearing. The report
706	706	must:
707	707	(1) include:
708	708	(A) existing data reported in compliance with
709	709	federal law regarding children with disabilities; and
710	710	(B) information relating to the language
711	711	acquisition of children who are deaf or hard of hearing and also
712	712	have other disabilities;
713	713	(2) state for each child:
714	714	(A) the percentage of the instructional day
715	715	[arrangement used with the child, as described by Section 48.102,
716	716	including the time] the child spends on average in a general
717	717	education setting [mainstream instructional arrangement];
718	718	(B) the specific language acquisition services
719	719	provided to the child, including:
720	720	(i) the time spent providing those
721	721	services; and
722	722	(ii) a description of any hearing
723	723	amplification used in the delivery of those services, including:
724	724	(a) the type of hearing amplification
725	725	used;
726	726	(b) the period of time in which the
727	727	child has had access to the hearing amplification; and
728	728	(c) the average amount of time the
729	729	child uses the hearing amplification each day;
730	730	(C) the tools or assessments used to assess the
731	731	child's language acquisition and the results obtained;
732	732	(D) the preferred unique communication mode used
733	733	by the child at home; and
734	734	(E) the child's age, race, and gender, the age at
735	735	which the child was identified as being deaf or hard of hearing, and
736	736	any other relevant demographic information the commissioner
737	737	determines to likely be correlated with or have an impact on the
738	738	child's language acquisition;
739	739	(3) compare progress in English literacy made by
740	740	children who are deaf or hard of hearing to progress in that subject
741	741	made by children of the same age who are not deaf or hard of hearing,
742	742	by appropriate age range; and
743	743	(4) be redacted as necessary to comply with state and
744	744	federal law regarding the confidentiality of student medical or
745	745	educational information.
746	746	SECTION 29. Chapter 29, Education Code, is amended by
747	747	adding Subchapter J to read as follows:
748	748	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
749	749	Sec. 29.351. DEFINITIONS. In this subchapter:
750	750	(1) "Account" means an education savings account
751	751	established under the program.
752	752	(2) "Child with a disability" means a child who is:
753	753	(A) eligible to participate in a school
754	754	district's special education program under Section 29.003; or
755	755	(B) covered by Section 504, Rehabilitation Act of
756	756	1973 (29 U.S.C. Section 794).
757	757	(3) "Curriculum" means a complete course of study for
758	758	a particular content area or grade level.
759	759	(4) "Financial institution" means a bank, credit
760	760	union, savings bank, or savings and loan association organized
761	761	under the laws of this state, the laws of another state, or federal
762	762	law that has its main office or a branch office in this state. The
763	763	term does not include any institution the deposits of which are not
764	764	insured by the Federal Deposit Insurance Corporation or the
765	765	National Credit Union Administration.
766	766	(5) "Institution of higher education" and "private or
767	767	independent institution of higher education" have the meanings
768	768	assigned by Section 61.003.
769	769	(6) "Parent" means a resident of this state who is a
770	770	natural or adoptive parent, managing or possessory conservator,
771	771	legal guardian, custodian, or other person with legal authority to
772	772	act on behalf of a child.
773	773	(7) "Program" means the education savings account
774	774	program established under this subchapter.
775	775	(8) "Program participant" means a child and a parent
776	776	of a child enrolled in the program.
777	777	Sec. 29.352. PURPOSES. The purposes of the education
778	778	savings account program are to:
779	779	(1) improve public schools and overall academic
780	780	performance;
781	781	(2) promote efficiency;
782	782	(3) promote and preserve the liberties and rights of
783	783	the people; and
784	784	(4) increase parental choice in learning
785	785	opportunities and supports.
786	786	Sec. 29.353. ESTABLISHMENT OF PROGRAM. (a) The agency
787	787	shall establish and administer an education savings account program
788	788	to provide funding for certain education-related expenses of
789	789	eligible children.
790	790	(b) The agency shall ensure that information about the
791	791	program is readily available to parents of children with
792	792	disabilities and the public through various sources, including the
793	793	agency's Internet website. The information made available to
794	794	parents of children with disabilities must include a notice that:
795	795	(1) states that a private school is not subject to laws
796	796	regarding the provision of educational services in the same manner
797	797	as a public school, and a child with a disability attending a
798	798	private school may not receive the services a child with a
799	799	disability attending a public school is entitled to receive under
800	800	federal and state law;
801	801	(2) provides information regarding rights to which a
802	802	child with a disability is entitled under federal and state law if
803	803	the child attends a public school, including:
804	804	(A) rights provided under the Individuals with
805	805	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
806	806	including:
807	807	(i) an individualized education program
808	808	that provides a free and appropriate public education;
809	809	(ii) educational services provided in the
810	810	least restrictive environment;
811	811	(iii) instruction from certified teachers;
812	812	(iv) dispute resolution options to ensure
813	813	proper and full implementation of an individualized education
814	814	program;
815	815	(v) transition and planning services; and
816	816	(vi) supplementary aids and services;
817	817	(B) rights provided under Subchapter A; and
818	818	(C) other rights provided under federal or state
819	819	law; and
820	820	(3) provides information regarding the program,
821	821	including:
822	822	(A) the operation of an account;
823	823	(B) expenses allowed under Section 29.357 and the
824	824	consequences for using money in an account on expenses that are not
825	825	allowed under that section; and
826	826	(C) common service offerings.
827	827	Sec. 29.354. ELIGIBLE CHILD. (a) A child is eligible to
828	828	participate in the program if the child:
829	829	(1) is a child with a disability;
830	830	(2) is eligible to attend a public school under
831	831	Section 25.001; and
832	832	(3) meets at least one of the following criteria:
833	833	(A) was enrolled in a public school in this state
834	834	during the entire preceding school year;
835	835	(B) was required to attend school under Section
836	836	25.085 for less than the entire preceding school year due to the
837	837	child's age or nonresidence in this state; or
838	838	(C) participated in the program during the
839	839	preceding school year.
840	840	(b) A child who establishes eligibility under this section
841	841	may participate in the program until the earliest of the following
842	842	dates:
843	843	(1) the date on which the child graduates from high
844	844	school;
845	845	(2) the date on which the child is no longer eligible
846	846	to attend a public school under Section 25.001;
847	847	(3) the date on which the child enrolls in a public
848	848	school, including an open-enrollment charter school; or
849	849	(4) the date on which the child is declared ineligible
850	850	for the program by the commissioner under this subchapter.
851	851	(c) Notwithstanding Subsection (b), the commissioner shall
852	852	establish a process for, in the least disruptive manner possible:
853	853	(1) a child participating in the program to cease
854	854	participation and enroll in a public school, including an
855	855	open-enrollment charter school; and
856	856	(2) a child who previously participated in the program
857	857	and subsequently enrolled in a public school, including an
858	858	open-enrollment charter school, to resume participation in the
859	859	program.
860	860	Sec. 29.355. ENROLLMENT IN PROGRAM. (a) A parent of an
861	861	eligible child may enroll the child in the program for the following
862	862	school year.
863	863	(b) The commissioner shall by rule create an enrollment
864	864	application for the program and make the enrollment application
865	865	readily available to interested parents through various sources,
866	866	including the agency's Internet website. An enrollment application
867	867	for the program must be submitted to the commissioner
868	868	electronically.
869	869	(c) The commissioner shall post on the agency's Internet
870	870	website and provide to each parent who submits an enrollment
871	871	application a publication that describes the operation of the
872	872	program, including:
873	873	(1) expenses allowed under the program under Section
874	874	29.357;
875	875	(2) expense reporting requirements; and
876	876	(3) a description of the responsibilities of program
877	877	participants and the duties of the commissioner under this
878	878	subchapter.
879	879	(d) The commissioner shall provide to each parent who
880	880	submits an enrollment application a written copy of the notice
881	881	described by Section 29.353(b). Before the parent may receive
882	882	funding under the program, the parent must sign an acknowledgment
883	883	of receipt and understanding of the notice and return the signed
884	884	acknowledgment to the commissioner.
885	885	Sec. 29.356. PARTICIPATION IN PROGRAM. (a) To receive
886	886	funding under the program, a parent of an eligible child must agree
887	887	to:
888	888	(1) spend funds received through the program only for
889	889	expenses allowed under Section 29.357;
890	890	(2) notify the commissioner if the child enrolls in a
891	891	public school, including an open-enrollment charter school, not
892	892	later than the 30th day after the date of enrollment;
893	893	(3) provide to the commissioner information necessary
894	894	to determine the child's eligibility and the amount to which the
895	895	child is entitled under the program;
896	896	(4) ensure that the child's quality of learning is
897	897	appropriately measured in accordance with Subsection (d) and
898	898	commissioner rule and report the results to the agency; and
899	899	(5) inform the commissioner if the child graduates
900	900	from high school.
901	901	(b) The parent of a child participating in the program is
902	902	the trustee of the child's account.
903	903	(c) The commissioner shall provide annually to each program
904	904	participant the publication provided under Section 29.355(c).
905	905	(d) The commissioner shall adopt a list of approved
906	906	instruments that allow for a comparison between the quality of
907	907	educational attainment for a child participating in the program and
908	908	for students in other educational placements. To the extent
909	909	practicable, the list must include nationally norm-referenced
910	910	assessments and assessment instruments adopted under Section
911	911	39.023. A child's performance on an instrument approved under this
912	912	subsection for measuring a child's quality of learning may not be
913	913	considered in determining the child's eligibility to participate in
914	914	the program.
915	915	Sec. 29.357. APPROVED EDUCATION-RELATED EXPENSES.
916	916	(a) Funds received under the program may be used only for the
917	917	following expenses incurred by a program participant:
918	918	(1) tuition and fees:
919	919	(A) at a private school accredited by an entity
920	920	recognized by the commissioner as an accrediting entity for private
921	921	schools in this state;
922	922	(B) at an institution of higher education or a
923	923	private or independent institution of higher education;
924	924	(C) for an online educational course or program;
925	925	or
926	926	(D) for a program that provides training for an
927	927	industry-based certification;
928	928	(2) the purchase of textbooks or other instructional
929	929	materials required by a school, institution, course, or program
930	930	described by Subdivision (1) in which the child is enrolled;
931	931	(3) fees for classes or other educational services
932	932	provided by a public school, including an open-enrollment charter
933	933	school, if the classes or services do not qualify the child to be
934	934	included in the school's average daily attendance;
935	935	(4) fees for services provided by a private tutor or
936	936	teaching service;
937	937	(5) fees paid to a vendor for transportation to and
938	938	from school, not to exceed $500 per year;
939	939	(6) fees for educational therapies or services
940	940	provided by a practitioner or provider;
941	941	(7) costs of computer hardware and software and other
942	942	technological devices prescribed to facilitate a child's education
943	943	by a physician, therapist, or other licensed service provider;
944	944	(8) fees for a nationally norm-referenced achievement
945	945	test or examination, an assessment instrument adopted under Section
946	946	39.023, an advanced placement test or similar examination, an
947	947	examination related to college or university admission, or any
948	948	other instrument included on the agency's list under Section
949	949	29.356(d);
950	950	(9) fees for the management of the participant's
951	951	account charged by a financial institution;
952	952	(10) costs of breakfast or lunch provided to a child
953	953	during the school day by a private school;
954	954	(11) the purchase of school uniforms required by a
955	955	private school;
956	956	(12) costs of a school-age program, as defined by
957	957	Section 42.002, Human Resources Code; and
958	958	(13) costs of a youth camp licensed under Chapter 141,
959	959	Health and Safety Code, that provides educational services.
960	960	(b) Expenses allowed under Subsection (a) do not include
961	961	expenses for:
962	962	(1) consumable supplies, including paper, pens,
963	963	pencils, folders, and notebooks; or
964	964	(2) food, other than breakfast or lunch as authorized
965	965	under Subsection (a)(10).
966	966	(c) Any money remaining in a program participant's account
967	967	on the child's graduation from high school may be used by the child
968	968	for tuition, fees, textbooks, and other instructional materials to
969	969	attend or take courses from an institution of higher education or a
970	970	private or independent institution of higher education.
971	971	(d) An education service provider or vendor of educational
972	972	products must provide a program participant with a receipt for each
973	973	expense allowed under Subsection (a) charged by the provider or
974	974	vendor to the participant.
975	975	(e) The content, subject to Section 29.364(c), or religious
976	976	nature of a product or service may not be considered in determining
977	977	whether a payment for the product or service is an expense allowed
978	978	under Subsection (a).
979	979	(f) A finding that a program participant used funds
980	980	distributed under the program to pay for an expense not allowed
981	981	under Subsection (a) does not affect the validity of any payment
982	982	made by the participant for an expense that is allowed under that
983	983	subsection.
984	984	Sec. 29.358. AMOUNT OF PAYMENT; FINANCING. (a) A parent
985	985	of an eligible child shall receive each year that the child
986	986	participates in the program a payment from the state to the child's
987	987	account in the amount provided under Section 48.306.
988	988	(b) Money in an account may not be considered to be the
989	989	property of a program participant and may be spent only in
990	990	accordance with this subchapter.
991	991	(c) Any funds remaining in a child's account at the end of a
992	992	fiscal year are carried forward to the next fiscal year unless
993	993	another provision of this subchapter mandates the closure of the
994	994	account.
995	995	(d) The parent of a child participating in the program may
996	996	make payments for the expenses of educational programs, services,
997	997	and products not covered by funds in the child's account.
998	998	Sec. 29.359. ADMINISTRATION OF ACCOUNTS. (a) The
999	999	commissioner may contract with one or more financial institutions
1000	1000	or other entities that accept fiduciary responsibility to establish
1001	1001	and manage an account for each child participating in the program.
1002	1002	A program participant must be able to access the participant's
1003	1003	account by using an online or electronic transfer payment service.
1004	1004	(b) The commissioner shall make quarterly payments to each
1005	1005	program participant's account in equal amounts, with the first
1006	1006	payment for each school year made on September 1 and the remaining
1007	1007	payments made on or before the 15th days of November, February, and
1008	1008	May.
1009	1009	(c) After the end of each fiscal year, the commissioner
1010	1010	shall reconcile payments made to and from all accounts under the
1011	1011	program.
1012	1012	(d) On the earlier of the child's 26th birthday or the sixth
1013	1013	anniversary of the child's graduation from high school, the child's
1014	1014	account is closed and any remaining funds are returned to the state.
1015	1015	(e) The commissioner may contract with an entity to
1016	1016	administer all or any part of the program.
1017	1017	(f) An entity responsible for managing accounts:
1018	1018	(1) shall ensure that each expenditure from an account
1019	1019	is for an expense allowed under Section 29.357; and
1020	1020	(2) may require a program participant to submit any
1021	1021	information necessary to make the determination described by
1022	1022	Subdivision (1).
1023	1023	Sec. 29.360. RANDOM AUDITING OF ACCOUNTS. (a) The
1024	1024	commissioner may randomly audit accounts as necessary to ensure
1025	1025	compliance with applicable law and the requirements of the program.
1026	1026	The commissioner may contract with another entity to audit accounts
1027	1027	under this section.
1028	1028	(b) In auditing an account, the commissioner or an entity
1029	1029	contracted to audit accounts under this section may require that a
1030	1030	program participant provide further information and documentation
1031	1031	regarding any payment from the participant's account.
1032	1032	(c) An entity contracted to audit accounts under this
1033	1033	section shall report to the commissioner any violation of this
1034	1034	subchapter or other relevant law found by the entity during an audit
1035	1035	conducted under this section.
1036	1036	Sec. 29.361. SUSPENSION OF ACCOUNT. (a) The commissioner
1037	1037	shall suspend the account of a program participant who fails to
1038	1038	comply with applicable law or a requirement of the program,
1039	1039	including a requirement under Section 29.356(a), or who
1040	1040	substantially misuses funds received under the program.
1041	1041	(b) On suspension of an account under Subsection (a), the
1042	1042	commissioner shall notify the program participant in writing that
1043	1043	the account has been suspended and that no further payments may be
1044	1044	made from the account. The notification must specify the grounds
1045	1045	for the suspension and state that the participant has 10 business
1046	1046	days to respond and take any corrective action required by the
1047	1047	commissioner.
1048	1048	(c) On the expiration of the 10-day period under Subsection
1049	1049	(b), the commissioner shall:
1050	1050	(1) order permanent closure of the suspended account
1051	1051	and declare the program participant ineligible for the program;
1052	1052	(2) order temporary reinstatement of the account,
1053	1053	conditioned on the performance of a specified action by the
1054	1054	participant; or
1055	1055	(3) order full reinstatement of the account.
1056	1056	(d) The commissioner may recover funds distributed under
1057	1057	the program that were used for expenses not allowed under Section
1058	1058	29.357(a) from the program participant or the entity that received
1059	1059	the funds if the participant's account is suspended or closed under
1060	1060	this section.
1061	1061	Sec. 29.362. LIMITATION ON AMOUNTS CHARGED; REFUND
1062	1062	PROHIBITED. (a) An education service provider may not:
1063	1063	(1) charge a child participating in the program an
1064	1064	amount greater than the standard amount charged for that service by
1065	1065	the provider; or
1066	1066	(2) increase the amount charged to a child
1067	1067	participating in the program for a service:
1068	1068	(A) if the total amount charged to the child for
1069	1069	that service by the provider during the preceding year was less than
1070	1070	two-thirds of the amount deposited in the child's account for that
1071	1071	year, to an amount that exceeds two-thirds of the amount deposited
1072	1072	in the child's account for the current year; or
1073	1073	(B) if the total amount charged to the child for
1074	1074	that service by the provider during the preceding year was
1075	1075	two-thirds or more of the amount deposited in the child's account
1076	1076	for that year, by more than five percent of the amount charged to
1077	1077	the child for that service by the provider during the preceding
1078	1078	year.
1079	1079	(b) An education service provider or a vendor of educational
1080	1080	products receiving funds distributed under the program may not in
1081	1081	any manner rebate, refund, or credit to or share with a program
1082	1082	participant, or any person on behalf of a participant, any program
1083	1083	funds paid or owed by the participant to the provider or vendor.
1084	1084	Sec. 29.363. REFERRAL TO ATTORNEY GENERAL. (a) If the
1085	1085	commissioner obtains evidence of fraudulent use of an account, the
1086	1086	commissioner may refer the case to the attorney general for
1087	1087	investigation.
1088	1088	(b) With the consent of the appropriate local county or
1089	1089	district attorney, the attorney general has concurrent
1090	1090	jurisdiction with the consenting local prosecutor to prosecute an
1091	1091	offense referred to the attorney general under Subsection (a).
1092	1092	Sec. 29.364. PROVIDER ACCOUNTABILITY. (a) To receive
1093	1093	funds distributed under the program, a private school must be
1094	1094	accredited by an entity recognized by the commissioner as an
1095	1095	accrediting entity for private schools in this state.
1096	1096	(b) To receive funds distributed under the program, an
1097	1097	education service provider that provides a full course load to a
1098	1098	child participating in the program must administer to the child an
1099	1099	instrument included on the list adopted by the commissioner under
1100	1100	Section 29.356(d) and report the results to the agency.
1101	1101	(c) A practitioner or provider who provides educational
1102	1102	therapies or services must be licensed or accredited by a regional
1103	1103	or national accrediting organization to receive funds distributed
1104	1104	under the program.
1105	1105	(d) A private tutor, teaching service, online educational
1106	1106	course or program provider, or industry-based certification
1107	1107	training provider must apply to and be approved by the agency to
1108	1108	receive funds distributed under the program.
1109	1109	(e) To be eligible for approval under Subsection (d), a
1110	1110	private tutor or each employee of a teaching service who intends to
1111	1111	provide educational services to a program participant must:
1112	1112	(1) complete a national criminal history record
1113	1113	information review; or
1114	1114	(2) provide to the agency documentation indicating
1115	1115	that the tutor or employee, as applicable, has completed a national
1116	1116	criminal history record information review within a period
1117	1117	established by commissioner rule.
1118	1118	(f) The agency shall review the national criminal history
1119	1119	record information or documentation for each private tutor or
1120	1120	employee of a teaching service who submits an application under
1121	1121	Subsection (d). The tutor or employee must provide the agency with
1122	1122	any information requested by the agency to enable the agency to
1123	1123	complete the review.
1124	1124	(g) The agency shall maintain and post on the agency's
1125	1125	Internet website a list of private tutors, teaching services,
1126	1126	online educational course or program providers, and industry-based
1127	1127	certification training providers approved to receive funds
1128	1128	distributed under the program.
1129	1129	(h) A private tutor, teaching service, online educational
1130	1130	course or program provider, or industry-based certification
1131	1131	training provider may appeal the agency's rejection of an
1132	1132	application submitted under Subsection (d). The agency shall
1133	1133	review the application and make a recommendation to the
1134	1134	commissioner regarding whether to approve or reject the
1135	1135	application. A decision of the commissioner under this section is
1136	1136	final and may not be appealed.
1137	1137	Sec. 29.365. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
1138	1138	AUTONOMY. (a) An education service provider or vendor of
1139	1139	educational products that receives money distributed under the
1140	1140	program is not a recipient of federal financial assistance on the
1141	1141	basis of receiving that money.
1142	1142	(b) A rule adopted or action taken related to the program by
1143	1143	an individual, governmental entity, court of law, or program
1144	1144	administrator may not:
1145	1145	(1) consider the actions of an education service
1146	1146	provider, vendor of educational products, or program participant to
1147	1147	be the actions of an agent of state government;
1148	1148	(2) limit:
1149	1149	(A) an education service provider's ability to
1150	1150	determine the methods used to educate the provider's students or to
1151	1151	exercise the provider's religious or institutional values; or
1152	1152	(B) a program participant's ability to determine
1153	1153	the participant's educational content or to exercise the
1154	1154	participant's religious values;
1155	1155	(3) obligate an education service provider or program
1156	1156	participant to act contrary to the provider's or participant's
1157	1157	religious or institutional values, as applicable;
1158	1158	(4) impose any regulation on an education service
1159	1159	provider, vendor of educational products, or program participant
1160	1160	beyond those regulations necessary to enforce the requirements of
1161	1161	the program; or
1162	1162	(5) require as a condition of receiving money
1163	1163	distributed under the program:
1164	1164	(A) an education service provider to modify the
1165	1165	provider's creed, practices, admissions policies, curriculum,
1166	1166	performance standards, employment policies, or assessments; or
1167	1167	(B) a program participant to modify the
1168	1168	participant's creed, practices, curriculum, performance standards,
1169	1169	or assessments.
1170	1170	(c) In a proceeding challenging a rule adopted by a state
1171	1171	agency or officer under this subchapter, the agency or officer has
1172	1172	the burden of proof to establish by clear and convincing evidence
1173	1173	that the rule:
1174	1174	(1) is necessary to implement or enforce the program
1175	1175	as provided by this subchapter;
1176	1176	(2) does not violate this section;
1177	1177	(3) does not impose an undue burden on a program
1178	1178	participant or an education service provider or vendor of
1179	1179	educational products that participates or applies to participate in
1180	1180	the program; and
1181	1181	(4) is the least restrictive means of accomplishing
1182	1182	the purpose of the program while recognizing the independence of an
1183	1183	education service provider to meet the educational needs of
1184	1184	students in accordance with the provider's religious or
1185	1185	institutional values.
1186	1186	Sec. 29.366. STUDENT RECORDS AND INFORMATION. On request
1187	1187	by the parent of a child participating in the program, the school
1188	1188	district or open-enrollment charter school that the child would
1189	1189	otherwise attend shall provide a copy of the child's school records
1190	1190	possessed by the district or school, if any, to the child's parent
1191	1191	or, if applicable, the private school the child attends.
1192	1192	Sec. 29.367. ANNUAL SURVEY. The commissioner may conduct
1193	1193	an annual parental satisfaction survey that asks each parent of a
1194	1194	child participating in the program to express:
1195	1195	(1) the parent's overall level of satisfaction with
1196	1196	the program; and
1197	1197	(2) the parent's opinion on specified topics and
1198	1198	issues relevant to the effectiveness of the program.
1199	1199	Sec. 29.368. DETERMINATION OF COMMISSIONER FINAL.
1200	1200	Notwithstanding Section 7.057, a determination of the commissioner
1201	1201	regarding eligibility or the approval of expenses under this
1202	1202	subchapter is final and may not be appealed.
1203	1203	Sec. 29.369. RULES. The commissioner shall:
1204	1204	(1) adopt rules as necessary to implement this
1205	1205	subchapter, including:
1206	1206	(A) rules regarding eligibility determination,
1207	1207	expense reporting requirements for program participants, and
1208	1208	approval of expenses, including appeals of agency determinations on
1209	1209	those issues;
1210	1210	(B) rules for measuring the quality of learning
1211	1211	for a child participating in the program; and
1212	1212	(C) rules for implementing this subchapter in a
1213	1213	manner that ensures compliance with federal law regarding
1214	1214	confidentiality of student educational information, including the
1215	1215	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
1216	1216	Section 1232g); and
1217	1217	(2) coordinate as necessary to:
1218	1218	(A) calculate annually the savings to the state
1219	1219	from the implementation of the program; and
1220	1220	(B) prevent fraud in financial transactions
1221	1221	under the program, including by adopting measures to permit
1222	1222	anonymous fraud reporting by telephone hotline or online
1223	1223	communication.
1224	1224	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The
1225	1225	commissioner may solicit and accept gifts, grants, and donations
1226	1226	from any public or private source for any expenses related to the
1227	1227	administration of the program, including the initial
1228	1228	implementation of the program and making payments to a program
1229	1229	participant's account.
1230	1230	SECTION 30. Section 30.001(b), Education Code, is amended
1231	1231	to read as follows:
1232	1232	(b) The commissioner, with the approval of the State Board
1233	1233	of Education, shall develop and implement a plan for the
1234	1234	coordination of services to children with disabilities in each
1235	1235	region served by a regional education service center. The plan
1236	1236	must include procedures for:
1237	1237	(1) identifying existing public or private
1238	1238	educational and related services for children with disabilities in
1239	1239	each region;
1240	1240	(2) identifying and referring children with
1241	1241	disabilities who cannot be appropriately served by the school
1242	1242	district in which they reside to other appropriate programs;
1243	1243	(3) assisting school districts to individually or
1244	1244	cooperatively develop programs to identify and provide appropriate
1245	1245	services for children with disabilities;
1246	1246	(4) expanding and coordinating services provided by
1247	1247	regional education service centers for children with disabilities;
1248	1248	and
1249	1249	(5) providing for special education supports
1250	1250	[services], including special seats, books, instructional media,
1251	1251	and other supplemental supplies and services required for proper
1252	1252	instruction.
1253	1253	SECTION 31. Section 30.002(g), Education Code, is amended
1254	1254	to read as follows:
1255	1255	(g) To facilitate implementation of this section, the
1256	1256	commissioner shall develop a system to distribute from the
1257	1257	foundation school fund to school districts or regional education
1258	1258	service centers a special supplemental allowance for each student
1259	1259	with a visual impairment and for each student with a serious visual
1260	1260	disability and another medically diagnosed disability of a
1261	1261	significantly limiting nature who is receiving special education
1262	1262	services through any approved program. The supplemental allowance
1263	1263	may be spent only for special education services uniquely required
1264	1264	by the nature of the student's disabilities and may not be used in
1265	1265	lieu of educational funds otherwise available under this code or
1266	1266	through state or local appropriations.
1267	1267	SECTION 32. Section 30.005, Education Code, is amended to
1268	1268	read as follows:
1269	1269	Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
1270	1270	IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
1271	1271	and the Texas School for the Blind and Visually Impaired shall
1272	1272	develop[, agree to, and by commissioner rule adopt] a memorandum of
1273	1273	understanding to establish:
1274	1274	(1) the method for developing and reevaluating a set
1275	1275	of indicators of the quality of learning at the Texas School for the
1276	1276	Blind and Visually Impaired;
1277	1277	(2) the process for the agency to conduct and report on
1278	1278	an annual evaluation of the school's performance on the indicators;
1279	1279	(3) the requirements for the school's board to
1280	1280	publish, discuss, and disseminate an annual report describing the
1281	1281	educational performance of the school;
1282	1282	(4) the process for the agency to:
1283	1283	(A) assign an accreditation status to the school;
1284	1284	(B) reevaluate the status on an annual basis; and
1285	1285	(C) if necessary, conduct monitoring reviews;
1286	1286	and
1287	1287	(5) the type of information the school shall be
1288	1288	required to provide through the Public Education Information
1289	1289	Management System (PEIMS).
1290	1290	SECTION 33. Section 37.146(a), Education Code, is amended
1291	1291	to read as follows:
1292	1292	(a) A complaint alleging the commission of a school offense
1293	1293	must, in addition to the requirements imposed by Article 45.019,
1294	1294	Code of Criminal Procedure:
1295	1295	(1) be sworn to by a person who has personal knowledge
1296	1296	of the underlying facts giving rise to probable cause to believe
1297	1297	that an offense has been committed; and
1298	1298	(2) be accompanied by a statement from a school
1299	1299	employee stating:
1300	1300	(A) whether the child is eligible for or receives
1301	1301	special education services under Subchapter A, Chapter 29; and
1302	1302	(B) the graduated sanctions, if required under
1303	1303	Section 37.144, that were imposed on the child before the complaint
1304	1304	was filed.
1305	1305	SECTION 34. Effective September 1, 2024, Section 48.051(a),
1306	1306	Education Code, is amended to read as follows:
1307	1307	(a) For each student in average daily attendance, not
1308	1308	including the time students spend each day in career and technology
1309	1309	education programs or in special education programs receiving
1310	1310	special education services in a setting [an instructional
1311	1311	arrangement] other than a general education setting [mainstream or
1312	1312	career and technology education programs], for which an additional
1313	1313	allotment is made under Subchapter C, a district is entitled to an
1314	1314	allotment equal to the lesser of $6,160 or the amount that results
1315	1315	from the following formula:
1316	1316	A = $6,160 X TR/MCR
1317	1317	where:
1318	1318	"A" is the allotment to which a district is entitled;
1319	1319	"TR" is the district's tier one maintenance and operations
1320	1320	tax rate, as provided by Section 45.0032; and
1321	1321	"MCR" is the district's maximum compressed tax rate, as
1322	1322	determined under Section 48.2551.
1323	1323	SECTION 35. Effective September 1, 2024, Section 48.102,
1324	1324	Education Code, is amended to read as follows:
1325	1325	Sec. 48.102. SPECIAL EDUCATION. (a) For each student in
1326	1326	average daily attendance in a special education program under
1327	1327	Subchapter A, Chapter 29, [in a mainstream instructional
1328	1328	arrangement,] a school district is entitled to an annual allotment
1329	1329	equal to the basic allotment, or, if applicable, the sum of the
1330	1330	basic allotment and the allotment under Section 48.101 to which the
1331	1331	district is entitled, multiplied by a weight in an amount set by the
1332	1332	legislature in the General Appropriations Act for the highest tier
1333	1333	of intensity of service for which the student qualifies [1.15].
1334	1334	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1335	1335	2025-2026 school years, the amount of an allotment under this
1336	1336	section shall be determined in accordance with Section 48.1023.
1337	1337	This subsection expires September 1, 2026. [For each full-time
1338	1338	equivalent student in average daily attendance in a special
1339	1339	education program under Subchapter A, Chapter 29, in an
1340	1340	instructional arrangement other than a mainstream instructional
1341	1341	arrangement, a district is entitled to an annual allotment equal to
1342	1342	the basic allotment, or, if applicable, the sum of the basic
1343	1343	allotment and the allotment under Section 48.101 to which the
1344	1344	district is entitled, multiplied by a weight determined according
1345	1345	to instructional arrangement as follows:
1346	1346	[Homebound 5.0
1347	1347	[Hospital class 3.0
1348	1348	[Speech therapy 5.0
1349	1349	[Resource room 3.0
1350	1350	[Self-contained, mild and moderate, regular campus
1351	1351	3.0
1352	1352	[Self-contained, severe, regular campus
1353	1353	3.0
1354	1354	[Off home campus 2.7
1355	1355	[Nonpublic day school 1.7
1356	1356	[Vocational adjustment class 2.3]
1357	1357	(b) The commissioner by rule shall define seven tiers of
1358	1358	intensity of service for use in determining funding under this
1359	1359	section. The commissioner must include one tier specifically
1360	1360	addressing students receiving special education services in
1361	1361	residential placement [A special instructional arrangement for
1362	1362	students with disabilities residing in care and treatment
1363	1363	facilities, other than state schools, whose parents or guardians do
1364	1364	not reside in the district providing education services shall be
1365	1365	established by commissioner rule. The funding weight for this
1366	1366	arrangement shall be 4.0 for those students who receive their
1367	1367	education service on a local school district campus. A special
1368	1368	instructional arrangement for students with disabilities residing
1369	1369	in state schools shall be established by commissioner rule with a
1370	1370	funding weight of 2.8].
1371	1371	(c) [For funding purposes, the number of contact hours
1372	1372	credited per day for each student in the off home campus
1373	1373	instructional arrangement may not exceed the contact hours credited
1374	1374	per day for the multidistrict class instructional arrangement in
1375	1375	the 1992-1993 school year.
1376	1376	[(d) For funding purposes the contact hours credited per day
1377	1377	for each student in the resource room; self-contained, mild and
1378	1378	moderate; and self-contained, severe, instructional arrangements
1379	1379	may not exceed the average of the statewide total contact hours
1380	1380	credited per day for those three instructional arrangements in the
1381	1381	1992-1993 school year.
1382	1382	[(e) The commissioner by rule shall prescribe the
1383	1383	qualifications an instructional arrangement must meet in order to
1384	1384	be funded as a particular instructional arrangement under this
1385	1385	section. In prescribing the qualifications that a mainstream
1386	1386	instructional arrangement must meet, the commissioner shall
1387	1387	establish requirements that students with disabilities and their
1388	1388	teachers receive the direct, indirect, and support services that
1389	1389	are necessary to enrich the regular classroom and enable student
1390	1390	success.
1391	1391	[(f) In this section, "full-time equivalent student" means
1392	1392	30 hours of contact a week between a special education student and
1393	1393	special education program personnel.
1394	1394	[(g)] The commissioner shall adopt rules and procedures
1395	1395	governing contracts for residential and day program placement of
1396	1396	[special education] students receiving special education
1397	1397	services.
1398	1398	(d) [The legislature shall provide by appropriation for the
1399	1399	state's share of the costs of those placements.
1400	1400	[(h)] At least 55 percent of the funds allocated under this
1401	1401	section must be used in the special education program under
1402	1402	Subchapter A, Chapter 29.
1403	1403	(e) [(i)] The agency shall ensure [encourage] the placement
1404	1404	of students in special education programs, including students in
1405	1405	residential placement [instructional arrangements], in the least
1406	1406	restrictive environment appropriate for their educational needs.
1407	1407	(f) [(j)] A school district that provides an extended year
1408	1408	program required by federal law for special education students who
1409	1409	may regress is entitled to receive funds in an amount equal to 75
1410	1410	percent, or a lesser percentage determined by the commissioner, of
1411	1411	the basic allotment, or, if applicable, the sum of the basic
1412	1412	allotment and the allotment under Section 48.101 to which the
1413	1413	district is entitled for each [full-time equivalent] student in
1414	1414	average daily attendance, multiplied by the amount designated for
1415	1415	the highest tier of intensity of service for which the student
1416	1416	qualifies [student's instructional arrangement] under this
1417	1417	section, for each day the program is provided divided by the number
1418	1418	of days in the minimum school year. The total amount of state
1419	1419	funding for extended year services under this section may not
1420	1420	exceed $10 million per year. A school district may use funds
1421	1421	received under this section only in providing an extended year
1422	1422	program.
1423	1423	(g) [(k)] From the total amount of funds appropriated for
1424	1424	special education under this section, the commissioner shall
1425	1425	withhold an amount specified in the General Appropriations Act, and
1426	1426	distribute that amount to school districts for programs under
1427	1427	Section 29.014. The program established under that section is
1428	1428	required only in school districts in which the program is financed
1429	1429	by funds distributed under this subsection and any other funds
1430	1430	available for the program. After deducting the amount withheld
1431	1431	under this subsection from the total amount appropriated for
1432	1432	special education, the commissioner shall reduce each district's
1433	1433	allotment proportionately and shall allocate funds to each district
1434	1434	accordingly.
1435	1435	(h) Not later than December 1 of each even-numbered year,
1436	1436	the commissioner shall submit to the Legislative Budget Board, for
1437	1437	purposes of the allotment under this section, proposed weights for
1438	1438	the tiers of intensity of service for the next state fiscal
1439	1439	biennium.
1440	1440	SECTION 36. Effective September 1, 2024, Subchapter C,
1441	1441	Chapter 48, Education Code, is amended by adding Section 48.1021 to
1442	1442	read as follows:
1443	1443	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
1444	1444	(a) For each six-week period in which a student in a special
1445	1445	education program under Subchapter A, Chapter 29, receives eligible
1446	1446	special education services, a school district is entitled to an
1447	1447	allotment in an amount set by the legislature in the General
1448	1448	Appropriations Act for the service group for which the student is
1449	1449	eligible.
1450	1450	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1451	1451	2025-2026 school years, the amount of an allotment under this
1452	1452	section shall be determined in accordance with Section 48.1023.
1453	1453	This subsection expires September 1, 2026.
1454	1454	(b) The commissioner by rule shall establish four service
1455	1455	groups for use in determining funding under this section. In
1456	1456	establishing the groups, the commissioner must consider the level
1457	1457	of services, equipment, and technology required to meet the needs
1458	1458	of students receiving special education services.
1459	1459	(c) A school district is entitled to receive an allotment
1460	1460	under this section for each service group for which a student is
1461	1461	eligible.
1462	1462	(d) A school district is entitled to the full amount of an
1463	1463	allotment under this section for a student receiving eligible
1464	1464	special education services during any part of a six-week period.
1465	1465	(e) At least 55 percent of the funds allocated under this
1466	1466	section must be used for a special education program under
1467	1467	Subchapter A, Chapter 29.
1468	1468	(f) Not later than December 1 of each even-numbered year,
1469	1469	the commissioner shall submit to the Legislative Budget Board, for
1470	1470	purposes of the allotment under this section, proposed amounts of
1471	1471	funding for the service groups for the next state fiscal biennium.
1472	1472	SECTION 37. Subchapter C, Chapter 48, Education Code, is
1473	1473	amended by adding Sections 48.1022 and 48.1023 to read as follows:
1474	1474	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
1475	1475	EVALUATION. For each student for whom a school district conducts a
1476	1476	full individual and initial evaluation under Section 29.004 or 20
1477	1477	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
1478	1478	of $500 or a greater amount provided by appropriation.
1479	1479	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING.
1480	1480	(a) For the 2024-2025 and 2025-2026 school years, the commissioner
1481	1481	may adjust weights or amounts provided under Section 48.102 or
1482	1482	48.1021 as necessary to ensure compliance with requirements
1483	1483	regarding maintenance of state financial support under 20 U.S.C.
1484	1484	Section 1412(a)(18) and maintenance of local financial support
1485	1485	under applicable federal law.
1486	1486	(b) For the 2024-2025 and 2025-2026 school years, the
1487	1487	commissioner shall determine the formulas through which school
1488	1488	districts receive funding under Sections 48.102 and 48.1021. In
1489	1489	determining the formulas, the commissioner may combine the methods
1490	1490	of funding under those sections with the method of funding provided
1491	1491	by Section 48.102, as it existed on January 1, 2023.
1492	1492	(c) For the 2026-2027 school year, the commissioner may
1493	1493	adjust the weights or amounts set by the legislature in the General
1494	1494	Appropriations Act for purposes of Section 48.102 or 48.1021.
1495	1495	Before making an adjustment under this subsection, the commissioner
1496	1496	shall notify and must receive approval from the Legislative Budget
1497	1497	Board.
1498	1498	(d) Notwithstanding any other provision of this section,
1499	1499	the sum of funding provided under Sections 48.102 and 48.1021 for
1500	1500	the 2024-2025 or for the 2025-2026 school year as adjusted under
1501	1501	this section may not exceed the sum of:
1502	1502	(1) funding that would have been provided under
1503	1503	Section 48.102, as it existed on January 1, 2023; and
1504	1504	(2) the amount set by the legislature in the General
1505	1505	Appropriations Act.
1506	1506	(e) Each school district and open-enrollment charter school
1507	1507	shall report to the agency information necessary to implement this
1508	1508	section.
1509	1509	(f) The agency shall provide technical assistance to school
1510	1510	districts and open-enrollment charter schools to ensure a
1511	1511	successful transition in funding formulas for special education.
1512	1512	(g) This section expires September 1, 2028.
1513	1513	SECTION 38. Section 48.103(c), Education Code, is amended
1514	1514	to read as follows:
1515	1515	(c) A school district may receive funding for a student
1516	1516	under each provision of this section, [and] Section 48.102, and
1517	1517	Section 48.1021 for which [if] the student qualifies [satisfies the
1518	1518	requirements of both sections].
1519	1519	SECTION 39. Section 48.110(d), Education Code, is amended
1520	1520	to read as follows:
1521	1521	(d) For each annual graduate in a cohort described by
1522	1522	Subsection (b) who demonstrates college, career, or military
1523	1523	readiness as described by Subsection (f) in excess of the minimum
1524	1524	number of students determined for the applicable district cohort
1525	1525	under Subsection (c), a school district is entitled to an annual
1526	1526	outcomes bonus of:
1527	1527	(1) if the annual graduate is educationally
1528	1528	disadvantaged, $5,000;
1529	1529	(2) if the annual graduate is not educationally
1530	1530	disadvantaged, $3,000; and
1531	1531	(3) if the annual graduate is enrolled in a special
1532	1532	education program under Subchapter A, Chapter 29, $4,000 [$2,000],
1533	1533	regardless of whether the annual graduate is educationally
1534	1534	disadvantaged.
1535	1535	SECTION 40. Section 48.151(b)(2), Education Code, is
1536	1536	amended to read as follows:
1537	1537	(2) "Eligible [special education] student receiving
1538	1538	special education services" means a student who is eligible for
1539	1539	special education services under Section 29.003 and who would be
1540	1540	unable to attend classes without special transportation services.
1541	1541	SECTION 41. Section 48.151(g), Education Code, is amended
1542	1542	to read as follows:
1543	1543	(g) A school district or county that provides special
1544	1544	transportation services for eligible [special education] students
1545	1545	receiving special education services is entitled to a state
1546	1546	allocation at a [paid on a previous year's cost-per-mile basis.
1547	1547	The] rate per mile equal to the sum of the rate per mile set under
1548	1548	Subsection (c) and $0.13, or a greater amount provided [allowable
1549	1549	shall be set] by appropriation [based on data gathered from the
1550	1550	first year of each preceding biennium]. Districts may use a portion
1551	1551	of their support allocation to pay transportation costs, if
1552	1552	necessary. The commissioner may grant an amount set by
1553	1553	appropriation for private transportation to reimburse parents or
1554	1554	their agents for transporting eligible [special education]
1555	1555	students receiving special education services. The mileage allowed
1556	1556	shall be computed along the shortest public road from the student's
1557	1557	home to school and back, morning and afternoon. The need for this
1558	1558	type of transportation shall be determined on an individual basis
1559	1559	and shall be approved only in extreme hardship cases.
1560	1560	SECTION 42. Subchapter D, Chapter 48, Education Code, is
1561	1561	amended by adding Section 48.159 to read as follows:
1562	1562	Sec. 48.159. SPECIAL EDUCATION CERTIFICATION ALLOTMENT.
1563	1563	(a) For each classroom teacher or educational diagnostician
1564	1564	employed by a school district who, during the preceding year,
1565	1565	became certified under Subchapter B, Chapter 21, to teach special
1566	1566	education or as an educational diagnostician, as applicable, the
1567	1567	district is entitled to an allotment in the amount of the teacher's
1568	1568	or diagnostician's certification fee.
1569	1569	(b) A school district shall use an allotment received under
1570	1570	this section to provide a stipend in the amount of the allotment to
1571	1571	the classroom teacher or educational diagnostician for whom the
1572	1572	district received the allotment. A stipend received by a classroom
1573	1573	teacher under this subsection is not considered in determining
1574	1574	whether the district is paying the teacher the minimum monthly
1575	1575	salary under Section 21.402.
1576	1576	SECTION 43. Section 48.265(a), Education Code, is amended
1577	1577	to read as follows:
1578	1578	(a) If [Notwithstanding any other provision of law, if] the
1579	1579	commissioner determines that the amount appropriated for the
1580	1580	purposes of the Foundation School Program exceeds the amount to
1581	1581	which school districts are entitled under this chapter, the
1582	1582	commissioner may provide [by rule shall establish a grant program
1583	1583	through which excess funds are awarded as] grants using the excess
1584	1584	money for the purchase of video equipment, or for the reimbursement
1585	1585	of costs for previously purchased video equipment, used for
1586	1586	monitoring special education classrooms or other special education
1587	1587	settings required under Section 29.022.
1588	1588	SECTION 44. Section 48.279(e), Education Code, is amended
1589	1589	to read as follows:
1590	1590	(e) After the commissioner has replaced any withheld
1591	1591	federal funds as provided by Subsection (d), the commissioner shall
1592	1592	distribute the remaining amount, if any, of funds described by
1593	1593	Subsection (a) to proportionately increase funding for the special
1594	1594	education allotment under Section 48.102 and the special education
1595	1595	service group allotment under Section 48.1021.
1596	1596	SECTION 45. Subchapter G, Chapter 48, Education Code, is
1597	1597	amended by adding Sections 48.304, 48.305, and 48.306 to read as
1598	1598	follows:
1599	1599	Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
1600	1600	qualifying day placement program that a regional education service
1601	1601	center makes available in partnership with a school district,
1602	1602	open-enrollment charter school, or shared services arrangement,
1603	1603	the center is entitled to an allotment of:
1604	1604	(1) $250,000 for the first year of the program's
1605	1605	operation; and
1606	1606	(2) $150,000 for each year of the program's operation
1607	1607	after the first year.
1608	1608	(b) A day placement program qualifies for purposes of
1609	1609	Subsection (a) if:
1610	1610	(1) the program complies with commissioner rules
1611	1611	adopted under Section 48.102(c);
1612	1612	(2) the program offers services to students who are
1613	1613	enrolled at any school district or open-enrollment charter school
1614	1614	in the county in which the program is offered, unless the
1615	1615	commissioner by rule waives or modifies the requirement under this
1616	1616	subdivision for the program to serve all students in a county; and
1617	1617	(3) the agency has designated the program for service
1618	1618	in the county in which the program is offered and determined that,
1619	1619	at the time of designation, the program increases the availability
1620	1620	of day placement services in the county.
1621	1621	Sec. 48.305. PARENT-DIRECTED SERVICES FOR STUDENTS
1622	1622	RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
1623	1623	the agency awards a grant under Subchapter A-1, Chapter 29, is
1624	1624	entitled to receive an amount of $1,500 or a greater amount provided
1625	1625	by appropriation.
1626	1626	(b) The legislature shall include in the appropriations for
1627	1627	the Foundation School Program state aid sufficient for the agency
1628	1628	to award grants under Subchapter A-1, Chapter 29, in the amount
1629	1629	provided by this section.
1630	1630	(c) A student may receive a grant under Subchapter A-1,
1631	1631	Chapter 29, once while enrolled in a grade level below grade six and
1632	1632	once while enrolled in grade six or above. A student may receive an
1633	1633	additional grant under that subchapter if the legislature
1634	1634	appropriates money for the additional grant in the General
1635	1635	Appropriations Act.
1636	1636	(d) A determination of the commissioner under this section
1637	1637	is final and may not be appealed.
1638	1638	Sec. 48.306. EDUCATION SAVINGS ACCOUNT FUNDING. (a) A
1639	1639	person enrolled in the education savings account program
1640	1640	established under Subchapter J, Chapter 29, is entitled to a
1641	1641	deposit to the person's education savings account in an amount
1642	1642	equal to the sum of $7,250 and:
1643	1643	(1) $1,500, if the child is educationally
1644	1644	disadvantaged;
1645	1645	(2) $1,400, if the child is eligible to participate in
1646	1646	a school district's special education program under Section 29.003
1647	1647	but has not previously participated in such a program; and
1648	1648	(3) if the child has previously participated in a
1649	1649	school district's special education program under Section 29.003,
1650	1650	the amount of funding for special education services the district
1651	1651	was entitled to receive for the child under Subchapters B and C,
1652	1652	Chapter 48, for the most recent school year in which the child
1653	1653	participated in the district's special education program.
1654	1654	(b) The legislature shall include in the appropriations for
1655	1655	the Foundation School Program state aid sufficient for the agency
1656	1656	to make deposits to education savings accounts under Subchapter J,
1657	1657	Chapter 29, in the amount provided by this section.
1658	1658	(c) A payment under Subsection (a) may not be financed using
1659	1659	federal funds or money appropriated from the permanent school fund
1660	1660	or the available school fund.
1661	1661	(d) A determination of the commissioner under this section
1662	1662	is final and may not be appealed.
1663	1663	SECTION 46. Section 411.0901, Government Code, is amended
1664	1664	by adding Subsection (a-1) to read as follows:
1665	1665	(a-1) The Texas Education Agency is entitled to obtain
1666	1666	criminal history record information maintained by the department
1667	1667	about a person who is a private tutor or an employee of a teaching
1668	1668	service who intends to provide educational services to a child
1669	1669	participating in the program established under Subchapter J,
1670	1670	Chapter 29, Education Code, and is seeking approval to receive
1671	1671	funds distributed under that program.
1672	1672	SECTION 47. The following provisions are repealed:
1673	1673	(1) Section 29.002, Education Code;
1674	1674	(2) Sections 29.026(n) and (o), Education Code;
1675	1675	(3) Section 29.027(i), Education Code;
1676	1676	(4) Section 29.050, Education Code; and
1677	1677	(5) Section 825.4092(f), Government Code, as added by
1678	1678	Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular
1679	1679	Session, 2021.
1680	1680	SECTION 48. The repeal by this Act of Section 825.4092(f),
1681	1681	Government Code, as added by Chapter 546 (S.B. 202), Acts of the
1682	1682	87th Legislature, Regular Session, 2021, applies beginning with the
1683	1683	2023-2024 school year.
1684	1684	SECTION 49. Subchapter E, Chapter 22, Education Code, as
1685	1685	added by this Act, and Chapter 29, Education Code, as amended by
1686	1686	this Act, apply beginning with the 2023-2024 school year.
1687	1687	SECTION 50. (a) Notwithstanding any other section of this
1688	1688	Act, in a state fiscal year, the Texas Education Agency is not
1689	1689	required to implement a provision found in another section of this
1690	1690	Act that is drafted as a mandatory provision imposing a duty on the
1691	1691	agency to take an action unless money is specifically appropriated
1692	1692	to the agency for that fiscal year to carry out that duty. The Texas
1693	1693	Education Agency may implement the provision in that fiscal year to
1694	1694	the extent other funding is available to the agency to do so.
1695	1695	(b) If, as authorized by Subsection (a) of this section, the
1696	1696	Texas Education Agency does not implement the mandatory provision
1697	1697	in a state fiscal year, the agency, in its legislative budget
1698	1698	request for the next state fiscal biennium, shall certify that fact
1699	1699	to the Legislative Budget Board and include a written estimate of
1700	1700	the costs of implementing the provision in each year of that next
1701	1701	state fiscal biennium.
1702	1702	(c) This section and the suspension of the Texas Education
1703	1703	Agency's duty to implement a mandatory provision of this Act, as
1704	1704	provided by Subsection (a) of this section, expires and the duty to
1705	1705	implement the mandatory provision resumes on September 1, 2027.
1706	1706	SECTION 51. (a) Except as provided by Subsection (b) of
1707	1707	this section and as otherwise provided by this Act, this Act takes
1708	1708	effect immediately if it receives a vote of two-thirds of all the
1709	1709	members elected to each house, as provided by Section 39, Article
1710	1710	III, Texas Constitution. If this Act does not receive the vote
1711	1711	necessary for immediate effect, this Act takes effect September 1,
1712	1712	2023.
1713	1713	(b) The amendments by this Act to Chapter 48, Education
1714	1714	Code, except as otherwise provided by this Act, take effect
1715	1715	September 1, 2023.