Texas 2023 - 88th Regular

Texas Senate Bill SB2561 Compare Versions

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1	1	By: Middleton S.B. No. 2561
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the supplemental special education services program.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 29.042, Education Code, is amended by
9	9	amending Subsection (a) and adding Subsection (e) to read as
10	10	follows:
11	11	(a) The agency by rule shall establish and administer a
12	12	supplemental special education services and instructional
13	13	materials program for students who meet the eligibility
14	14	requirements for participation in the program. Subject to
15	15	Subsection (c), the agency shall annually provide each student
16	16	approved as provided by this subchapter a grant of not more than
17	17	$1,500 to purchase supplemental special education services and
18	18	supplemental special education instructional materials.
19	19	(e) A student may receive a grant under this subchapter for
20	20	each year for which the student is eligible.
21	21	SECTION 2. Section 29.044(a), Education Code, is amended to
22	22	read as follows:
23	23	(a) The agency shall establish eligibility criteria for the
24	24	approval of an application submitted under Section 29.043. The
25	25	criteria:
26	26	(1) must require that the student be eligible to
27	27	participate in a school district's [enrolled in the current school
28	28	year at a school district or open-enrollment charter school and in a
29	29	district's or school's] special education program under Subchapter
30	30	A; and
31	31	(2) may not require that the student be enrolled in a
32	32	school district or open-enrollment charter school.
33	33	SECTION 3. Section 29.045, Education Code, is amended to
34	34	read as follows:
35	35	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
36	36	ACCOUNT; APPLICATION PRIORITY. (a) Subject to available funding
37	37	and the priorities provided by Subsection (b), the agency shall
38	38	approve each student who meets the program eligibility criteria
39	39	established under Section 29.044 and assign to the student an
40	40	account maintained under Section 29.042(b). The account may only
41	41	be used by the student's parent to purchase supplemental special
42	42	education services or supplemental special education instructional
43	43	materials for the student, subject to Sections 29.046, 29.0461, and
44	44	29.0471 [29.047].
45	45	(b) On receipt of acceptable applications for admission
46	46	under this subchapter in excess of available positions in the
47	47	program due to insufficient funding, the agency shall prioritize
48	48	applications in the following order:
49	49	(1) applications from students who have previously
50	50	received a grant under the program; and
51	51	(2) applications from students who demonstrate that a
52	52	needed supplemental special education service is not adequately
53	53	provided at the student's educational institution.
54	54	SECTION 4. Section 29.046, Education Code, is amended to
55	55	read as follows:
56	56	Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an
57	57	account assigned to a student under Section 29.045 may be used only
58	58	for supplemental special education services and supplemental
59	59	special education instructional materials approved under Section
60	60	29.0461.
61	61	(b) Supplemental special education services must be
62	62	provided by a [an agency-approved] provider approved under Section
63	63	29.0471.
64	64	(c) Instructional [If the agency has approved vendors for a
65	65	category of instructional material under Section 29.047,
66	66	instructional] materials must be purchased from a [an
67	67	agency-approved] vendor approved under Section 29.0471 for that
68	68	category of instructional material. [If the agency does not
69	69	establish criteria for agency approval for a category of
70	70	instructional materials, money in the student's account may be used
71	71	to purchase the instructional materials from any vendor.]
72	72	SECTION 5. Subchapter A-1, Chapter 29, Education Code, is
73	73	amended by adding Sections 29.0461 and 29.0471 to read as follows:
74	74	Sec. 29.0461. APPROVED EXPENSES. (a) Subject to
75	75	Subsection (b), money in an account assigned to a student under
76	76	Section 29.045 may be used only for the following expenses incurred
77	77	by the student at a preapproved provider of supplemental special
78	78	education services or vendor of supplemental special education
79	79	instructional materials:
80	80	(1) tuition and fees:
81	81	(A) at a private school accredited by an
82	82	organization that is recognized by the agency;
83	83	(B) at an institution of higher education or
84	84	private or independent institution of higher education, as those
85	85	terms are defined by Section 61.003, for a course described by
86	86	Section 28.009 for which the student may receive high school credit
87	87	based on an agreement between the institution and the school in
88	88	which the student is enrolled; or
89	89	(C) for an online educational course or program;
90	90	(2) the purchase of textbooks or other instructional
91	91	materials or uniforms required by a school, institution, course, or
92	92	program described by Subdivision (1) in which the student is
93	93	enrolled;
94	94	(3) payments for the purchase of a curriculum;
95	95	(4) fees for classes or other educational services or
96	96	extracurricular programs provided by a public school;
97	97	(5) fees for services provided by a private tutor or
98	98	teaching service;
99	99	(6) fees for educational therapies or services
100	100	provided by a practitioner or provider, including respite therapy
101	101	services, other than fees covered by any federal, state, or local
102	102	government benefit program, including Medicaid or the children's
103	103	health insurance program, or any applicable private insurance;
104	104	(7) costs of computer hardware and other technological
105	105	devices that are primarily used for educational purposes, not to
106	106	exceed in any year 10 percent of the total amount deposited in the
107	107	student's account that year; and
108	108	(8) fees for a nationally standardized
109	109	norm-referenced achievement test, an advanced placement test or
110	110	similar examination, or any examination related to college or
111	111	university admission.
112	112	(b) Money in an account assigned to a student under Section
113	113	29.045 may not be used to pay any person who is:
114	114	(1) related to the student within the third degree of
115	115	consanguinity or affinity, as determined under Chapter 573,
116	116	Government Code; or
117	117	(2) a member of the student's household.
118	118	(c) A finding that a student or the student's parent used
119	119	money in the account assigned to the student under Section 29.045 to
120	120	pay for an expense not allowed under Subsection (a) does not affect
121	121	the validity of any payment made by the student or the student's
122	122	parent for an expense that is allowed under that subsection.
123	123	Sec. 29.0471. APPROVED PROVIDERS. (a) The agency by rule
124	124	shall establish a process for parents of eligible students to
125	125	request the preapproval of providers of supplemental special
126	126	education services and vendors of supplemental special education
127	127	instructional materials.
128	128	(b) The agency shall approve a provider of supplemental
129	129	special education services or vendor of supplemental special
130	130	education instructional materials for participation in the program
131	131	not later than the 30th day after the date the agency receives the
132	132	provider's or vendor's application if the provider or vendor:
133	133	(1) for an accredited private school, executes a
134	134	notarized affidavit, with supporting documents, concerning the
135	135	school's qualification to serve students who receive a grant under
136	136	this subchapter, including evidence of:
137	137	(A) a valid certificate of occupancy;
138	138	(B) policy statements regarding:
139	139	(i) admissions;
140	140	(ii) curriculum;
141	141	(iii) safety;
142	142	(iv) student to teacher ratios; and
143	143	(v) assessments;
144	144	(C) the school's agreement that students who
145	145	receive a grant under this subchapter are eligible to apply for
146	146	scholarships offered by the school to the same extent as other
147	147	students; and
148	148	(D) accreditation by an organization recognized
149	149	by the agency or the Texas Private School Accreditation Commission;
150	150	(2) for a private tutor, therapist, or teaching
151	151	service:
152	152	(A) executes a notarized affidavit, with
153	153	supporting documents, concerning the tutor's, therapist's, or
154	154	service's qualification to serve students who receive a grant under
155	155	this subchapter, including that the tutor or therapist or each
156	156	employee of the service who intends to provide services to a
157	157	student:
158	158	(i) is certified under Subchapter B,
159	159	Chapter 21;
160	160	(ii) holds a relevant license or
161	161	accreditation issued by a state, regional, or national licensing or
162	162	accreditation organization; or
163	163	(iii) is employed in a teaching or tutoring
164	164	capacity at an institution of higher education or a private or
165	165	independent institution of higher education, as those terms are
166	166	defined by Section 61.003; and
167	167	(B) the tutor or therapist or each employee of
168	168	the teaching service who intends to provide supplemental special
169	169	education services to a student who receives a grant under this
170	170	subchapter either:
171	171	(i) completes a national criminal history
172	172	record information review; or
173	173	(ii) provides to the agency documentation
174	174	indicating that the tutor, therapist, or employee, as applicable,
175	175	has completed a national criminal history record information review
176	176	within a period established by agency rule;
177	177	(3) for an online educational course or program
178	178	provider, executes a notarized affidavit, with supporting
179	179	documents, concerning the provider's qualification to serve
180	180	students who receive a grant under this subchapter; or
181	181	(4) for any provider or vendor not described by
182	182	Subdivision (1), (2), or (3), presents any necessary supporting
183	183	documents concerning the provider's or vendor's qualification to
184	184	serve students who receive a grant under this subchapter.
185	185	(f) The agency shall review the national criminal history
186	186	record information or documentation for each private tutor,
187	187	therapist, or teaching service employee who submits information or
188	188	documentation under this section and verify that the individual is
189	189	not included in the registry under Section 22.092. The tutor,
190	190	therapist, or service must provide the agency with any information
191	191	requested by the agency to enable the agency to complete the review.
192	192	The agency shall report the agency's findings from the review to the
193	193	parental review committee.
194	194	(g) The agency shall post on the agency's Internet website
195	195	the list of preapproved providers of supplemental special education
196	196	services and vendors of supplemental special education
197	197	instructional materials.
198	198	SECTION 6. The following provisions of Subchapter A-1,
199	199	Chapter 29, Education Code, are repealed:
200	200	(1) Section 29.044(b); and
201	201	(2) Sections 29.047 and 29.050.
202	202	SECTION 7. This Act takes effect September 1, 2023.