Texas 2023 - 88th 3rd C.S.

Texas House Bill HB1 Compare Versions

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1	1	88S30762 MM-D
2	2	By: Buckley H.B. No. 1
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to primary and secondary education, including the
8	8	certification, compensation, and health coverage of certain public
9	9	school employees, the public school finance system, special
10	10	education in public schools, the establishment of an education
11	11	savings account program, measures to support the education of
12	12	public school students that include certain educational grant
13	13	programs, reading instruction, and early childhood education, the
14	14	provision of virtual education, and public school accountability.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. CHANGES RELATED TO PUBLIC SCHOOL EDUCATORS EFFECTIVE FOR
17	17	2024-2025 SCHOOL YEAR
18	18	SECTION 1.01. Section 19.009(d-2), Education Code, is
19	19	amended to read as follows:
20	20	(d-2) Beginning with the 2009-2010 school year, the
21	21	district shall increase the [monthly] salary of each classroom
22	22	teacher, full-time speech pathologist, full-time librarian,
23	23	full-time school counselor certified under Subchapter B, Chapter
24	24	21, and full-time school nurse employed by the district by the
25	25	greater of:
26	26	(1) $80 per month; or
27	27	(2) the maximum uniform amount per month that, when
28	28	combined with any resulting increases in the amount of
29	29	contributions made by the district for social security coverage for
30	30	the specified employees or by the district on behalf of the
31	31	specified employees under Section 825.405, Government Code, may be
32	32	provided using an amount equal to the product of $60 multiplied by
33	33	the number of students in weighted average daily attendance in the
34	34	district during the 2009-2010 school year.
35	35	SECTION 1.02. Subchapter A, Chapter 21, Education Code, is
36	36	amended by adding Section 21.010 to read as follows:
37	37	Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
38	38	shall collect data from school districts and open-enrollment
39	39	charter schools for the recruitment and retention of classroom
40	40	teachers, including the classification, grade level, subject area,
41	41	duration, and other relevant information regarding vacant teaching
42	42	positions in a district or school. The data may be collected using
43	43	the Public Education Information Management System (PEIMS) or
44	44	another reporting mechanism specified by the agency.
45	45	SECTION 1.03. Subchapter B, Chapter 21, Education Code, is
46	46	amended by adding Section 21.0411 to read as follows:
47	47	Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
48	48	CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
49	49	Section 21.041(c), the board shall, for a person applying for a
50	50	certification to teach established under this subchapter, waive:
51	51	(1) a certification examination fee imposed by the
52	52	board for the first administration of the examination to the
53	53	person; and
54	54	(2) a fee associated with the application for
55	55	certification by the person.
56	56	(b) The board shall pay to a vendor that administers a
57	57	certification examination required for certification to teach
58	58	under this subchapter a fee assessed by that vendor for the
59	59	examination of a person applying for a certification to teach
60	60	established under this subchapter for the first administration of
61	61	the examination to the person.
62	62	SECTION 1.04. Section 21.054, Education Code, is amended by
63	63	amending Subsections (a) and (i) and adding Subsection (i-1) to
64	64	read as follows:
65	65	(a) The board shall propose rules establishing a process for
66	66	identifying continuing education courses and programs that fulfill
67	67	educators' continuing education requirements, including
68	68	opportunities for educators to receive micro-credentials, as
69	69	provided by Subsection (i), in:
70	70	(1) fields of study related to the educator's
71	71	certification class; or
72	72	(2) digital teaching [as provided by Subsection (i)].
73	73	(i) The board shall propose rules establishing a program to
74	74	issue micro-credentials in fields of study related to an educator's
75	75	certification class or in digital teaching. The agency shall
76	76	approve continuing education providers to offer micro-credential
77	77	courses. A micro-credential received by an educator shall be
78	78	recorded on the agency's Educator Certification Online System
79	79	(ECOS) and included as part of the educator's public certification
80	80	records.
81	81	(i-1) In proposing rules under Subsection (i) for
82	82	micro-credentials related to digital teaching, the board shall
83	83	engage relevant stakeholders.
84	84	SECTION 1.05. Section 21.105, Education Code, is amended by
85	85	amending Subsection (c) and adding Subsection (g) to read as
86	86	follows:
87	87	(c) Subject to Subsections (e), [and] (f), and (g), on
88	88	written complaint by the employing district, the State Board for
89	89	Educator Certification may impose sanctions against a teacher
90	90	employed under a probationary contract who:
91	91	(1) resigns;
92	92	(2) fails without good cause to comply with Subsection
93	93	(a) or (b); and
94	94	(3) fails to perform the contract.
95	95	(g) The State Board for Educator Certification may not
96	96	impose a sanction under Subsection (c) against a teacher who
97	97	relinquishes a position under a probationary contract and leaves
98	98	the employment of the district after the 45th day before the first
99	99	day of instruction for the upcoming school year in violation of
100	100	Subsection (a) and without the consent of the board of trustees
101	101	under Subsection (b) if the teacher's failure to comply with
102	102	Subsection (a) was due to:
103	103	(1) a serious illness or health condition of the
104	104	teacher or a close family member of the teacher;
105	105	(2) the teacher's relocation because the teacher's
106	106	spouse or a partner who resides with the teacher changes employers;
107	107	(3) a significant change in the needs of the teacher's
108	108	family in a manner that requires the teacher to:
109	109	(A) relocate; or
110	110	(B) forgo employment during a period of required
111	111	employment under the teacher's contract; or
112	112	(4) the teacher's reasonable belief that the teacher
113	113	had written permission from the school district's administration to
114	114	resign.
115	115	SECTION 1.06. Section 21.160, Education Code, is amended by
116	116	amending Subsection (c) and adding Subsection (g) to read as
117	117	follows:
118	118	(c) Subject to Subsections (e), [and] (f), and (g), on
119	119	written complaint by the employing district, the State Board for
120	120	Educator Certification may impose sanctions against a teacher who
121	121	is employed under a continuing contract that obligates the district
122	122	to employ the person for the following school year and who:
123	123	(1) resigns;
124	124	(2) fails without good cause to comply with Subsection
125	125	(a) or (b); and
126	126	(3) fails to perform the contract.
127	127	(g) The State Board for Educator Certification may not
128	128	impose a sanction under Subsection (c) against a teacher who
129	129	relinquishes a position under a continuing contract and leaves the
130	130	employment of the district after the 45th day before the first day
131	131	of instruction of the upcoming school year in violation of
132	132	Subsection (a) and without the consent of the board of trustees
133	133	under Subsection (b) if the teacher's failure to comply with
134	134	Subsection (a) was due to:
135	135	(1) a serious illness or health condition of the
136	136	teacher or a close family member of the teacher;
137	137	(2) the teacher's relocation because the teacher's
138	138	spouse or a partner who resides with the teacher changes employers;
139	139	(3) a significant change in the needs of the teacher's
140	140	family in a manner that requires the teacher to:
141	141	(A) relocate; or
142	142	(B) forgo employment during a period of required
143	143	employment under the teacher's contract; or
144	144	(4) the teacher's reasonable belief that the teacher
145	145	had written permission from the school district's administration to
146	146	resign.
147	147	SECTION 1.07. Section 21.210, Education Code, is amended by
148	148	amending Subsection (c) and adding Subsection (g) to read as
149	149	follows:
150	150	(c) Subject to Subsections (e), [and] (f), and (g), on
151	151	written complaint by the employing district, the State Board for
152	152	Educator Certification may impose sanctions against a teacher who
153	153	is employed under a term contract that obligates the district to
154	154	employ the person for the following school year and who:
155	155	(1) resigns;
156	156	(2) fails without good cause to comply with Subsection
157	157	(a) or (b); and
158	158	(3) fails to perform the contract.
159	159	(g) The State Board for Educator Certification may not
160	160	impose a sanction under Subsection (c) against a teacher who
161	161	relinquishes a position under a term contract and leaves the
162	162	employment of the district after the 45th day before the first day
163	163	of instruction of the upcoming school year in violation of
164	164	Subsection (a) and without the consent of the board of trustees
165	165	under Subsection (b) if the teacher's failure to comply with
166	166	Subsection (a) was due to:
167	167	(1) a serious illness or health condition of the
168	168	teacher or a close family member of the teacher;
169	169	(2) the teacher's relocation because the teacher's
170	170	spouse or a partner who resides with the teacher changes employers;
171	171	(3) a significant change in the needs of the teacher's
172	172	family in a manner that requires the teacher to:
173	173	(A) relocate; or
174	174	(B) forgo employment during a period of required
175	175	employment under the teacher's contract; or
176	176	(4) the teacher's reasonable belief that the teacher
177	177	had written permission from the school district's administration to
178	178	resign.
179	179	SECTION 1.08. Section 21.257, Education Code, is amended by
180	180	amending Subsection (a) and adding Subsection (f) to read as
181	181	follows:
182	182	(a) Except as provided by Subsection (f), not [Not] later
183	183	than the 60th day after the date on which the commissioner receives
184	184	a teacher's written request for a hearing, the hearing examiner
185	185	shall complete the hearing and make a written recommendation that:
186	186	(1) includes proposed findings of fact and conclusions
187	187	of law; and
188	188	(2) may include a proposal for granting relief.
189	189	(f) The hearing examiner may dismiss a hearing before
190	190	completing the hearing or making a written recommendation if:
191	191	(1) the teacher requests the dismissal;
192	192	(2) the school district withdraws the proposed
193	193	decision that is the basis of the hearing; or
194	194	(3) the teacher and school district request the
195	195	dismissal after reaching a settlement regarding the proposed
196	196	decision that is the basis of the hearing.
197	197	SECTION 1.09. Sections 21.3521(a), (c), and (e), Education
198	198	Code, are amended to read as follows:
199	199	(a) Subject to Subsection (b), a school district or
200	200	open-enrollment charter school may designate a classroom teacher as
201	201	a master, exemplary, [or] recognized, or acknowledged teacher for a
202	202	five-year period based on the results from single year or multiyear
203	203	appraisals that comply with Section 21.351 or 21.352.
204	204	(c) Notwithstanding performance standards established
205	205	under Subsection (b), a classroom teacher that holds a National
206	206	Board Certification issued by the National Board for Professional
207	207	Teaching Standards may be designated as nationally board certified
208	208	[recognized].
209	209	(e) The agency shall develop and provide technical
210	210	assistance for school districts and open-enrollment charter
211	211	schools that request assistance in implementing a local optional
212	212	teacher designation system, including:
213	213	(1) providing assistance in prioritizing high needs
214	214	campuses;
215	215	(2) providing examples or models of local optional
216	216	teacher designation systems to reduce the time required for a
217	217	district or school to implement a teacher designation system;
218	218	(3) establishing partnerships between districts and
219	219	schools that request assistance and districts and schools that have
220	220	implemented a teacher designation system;
221	221	(4) applying the performance and validity standards
222	222	established by the commissioner under Subsection (b);
223	223	(5) providing centralized support for the analysis of
224	224	the results of assessment instruments administered to district
225	225	students; and
226	226	(6) facilitating effective communication on and
227	227	promotion of local optional teacher designation systems.
228	228	SECTION 1.10. Subchapter H, Chapter 21, Education Code, is
229	229	amended by adding Section 21.3522 to read as follows:
230	230	Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
231	231	GRANT PROGRAM. (a) From funds appropriated or otherwise
232	232	available for the purpose, the agency shall establish and
233	233	administer a grant program to provide money and technical
234	234	assistance to:
235	235	(1) expand implementation of local optional teacher
236	236	designation systems under Section 21.3521; and
237	237	(2) increase the number of classroom teachers eligible
238	238	for a designation under that section.
239	239	(b) A grant awarded under this section must:
240	240	(1) meet the needs of individual school districts; and
241	241	(2) enable regional leadership capacity.
242	242	(c) The commissioner may adopt rules to establish and
243	243	administer the grant program under this section.
244	244	SECTION 1.11. Section 21.402, Education Code, is amended by
245	245	amending Subsections (a) and (g) and adding Subsections (a-1),
246	246	(c-2), (i), (j), and (k) to read as follows:
247	247	(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a
248	248	school district must pay each employee who is employed as a
249	249	classroom teacher, full-time librarian, full-time school counselor
250	250	certified under Subchapter B, or full-time school nurse not less
251	251	than the highest annual minimum [minimum monthly] salary described
252	252	by the following schedule applicable to [, based on] the employee's
253	253	certification, if any, and years [level] of experience:
254	254	(1) for an employee with less than five years of
255	255	experience who:
256	256	(A) holds no certification $35,000;
257	257	(B) holds a teacher intern, teacher trainee, or
258	258	probationary certificate issued under Subchapter B $37,000;
259	259	(C) holds the base certificate required under
260	260	Section 21.003(a) for employment in the employee's position other
261	261	than a certificate described by Paragraph (B) $40,000;
262	262	(D) holds a designation under Section 21.3521
263	263	$43,000; or
264	264	(E) holds a residency educator certificate or has
265	265	successfully completed a residency partnership program under
266	266	Subchapter R $43,000;
267	267	(2) for an employee with at least five years of
268	268	experience who holds:
269	269	(A) no certification $45,000;
270	270	(B) a teacher intern, teacher trainee, or
271	271	probationary certificate issued under Subchapter B $47,000;
272	272	(C) the base certificate required under Section
273	273	21.003(a) for employment in the employee's position other than a
274	274	certificate described by Paragraph (B) $50,000; or
275	275	(D) a designation under Section 21.3521
276	276	$53,000; or
277	277	(3) for an employee with at least 10 years of
278	278	experience who holds:
279	279	(A) no certification $55,000;
280	280	(B) a teacher intern, teacher trainee, or
281	281	probationary certificate issued under Subchapter B $57,000;
282	282	(C) the base certificate required under Section
283	283	21.003(a) for employment in the employee's
284	284	position . . .. $60,000; or
285	285	(D) a designation under Section 21.3521
286	286	$63,000 [in addition to other factors, as determined by
287	287	commissioner rule, determined by the following formula:
288	288	[MS = SF x FS
289	289	[where:
290	290	["MS" is the minimum monthly salary;
291	291	["SF" is the applicable salary factor specified by Subsection
292	292	(c); and
293	293	["FS" is the amount, as determined by the commissioner under
294	294	Subsection (b), of the basic allotment as provided by Section
295	295	48.051(a) or (b) for a school district with a maintenance and
296	296	operations tax rate at least equal to the state maximum compressed
297	297	tax rate, as defined by Section 48.051(a)].
298	298	(a-1) For purposes of Subsection (a), a full-time school
299	299	nurse is considered to hold the base certificate required under
300	300	Section 21.003(a) for employment as a school nurse, regardless of
301	301	the other certifications held by the nurse.
302	302	(c-2) A school district is not required to pay an employee
303	303	who is employed as a classroom teacher, full-time librarian,
304	304	full-time school counselor certified under Subchapter B, or
305	305	full-time school nurse the minimum salary required under Subsection
306	306	(a) for the school year following a school year during which the
307	307	district reviews the employee's performance and finds the
308	308	employee's performance unsatisfactory.
309	309	(g) The commissioner may adopt rules to govern the
310	310	application of this section, including rules that:
311	311	(1) require the payment of a minimum salary under this
312	312	section to a person employed in more than one capacity for which a
313	313	minimum salary is provided and whose combined employment in those
314	314	capacities constitutes full-time employment; and
315	315	(2) specify the credentials a person must hold to be
316	316	considered a [speech pathologist or] school nurse under this
317	317	section.
318	318	(i) A school district that increases employee compensation
319	319	in the 2024-2025 school year to comply with Subsection (a), as
320	320	amended by _.B. ___, 88th Legislature, 3rd Called Session, 2023, is
321	321	providing compensation for services rendered independently of an
322	322	existing employment contract applicable to that year and is not in
323	323	violation of Section 53, Article III, Texas Constitution. A school
324	324	district that does not meet the requirements of Subsection (a) in
325	325	the 2024-2025 school year may satisfy the requirements of this
326	326	section by providing an employee a one-time bonus payment during
327	327	the 2025-2026 school year in an amount equal to the difference
328	328	between the compensation earned by the employee during the
329	329	2024-2025 school year and the compensation the employee should have
330	330	received during that school year if the district had complied with
331	331	Subsection (a).
332	332	(j) Notwithstanding the minimum salary schedule under
333	333	Subsection (a), a school district that increases the amount a
334	334	classroom teacher, full-time librarian, full-time school counselor
335	335	certified under Subchapter B, or full-time school nurse is
336	336	compensated during the 2024-2025 school year by at least $8,000
337	337	more than the amount the employee was compensated during the
338	338	2023-2024 school year complies with the requirements of this
339	339	section for the 2024-2025 school year.
340	340	(k) Subsections (i) and (j) and this subsection expire
341	341	September 1, 2027.
342	342	SECTION 1.12. The heading to Section 21.403, Education
343	343	Code, is amended to read as follows:
344	344	Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE
345	345	[PLACEMENT ON MINIMUM SALARY SCHEDULE].
346	346	SECTION 1.13. Sections 21.403(b) and (c), Education Code,
347	347	are amended to read as follows:
348	348	(b) For each year of work experience required for
349	349	certification in a career or technological field, up to a maximum of
350	350	two years, a certified career or technology education teacher is
351	351	entitled to [salary step] credit as if the work experience were
352	352	teaching experience.
353	353	(c) The commissioner shall adopt rules for determining the
354	354	experience for which a teacher, librarian, school counselor, or
355	355	nurse is to be given credit for purposes of the minimum salary
356	356	schedule under Section 21.402(a) [in placing the teacher,
357	357	librarian, school counselor, or nurse on the minimum salary
358	358	schedule]. A district shall credit the teacher, librarian, school
359	359	counselor, or nurse for each year of experience without regard to
360	360	whether the years are consecutive.
361	361	SECTION 1.14. Subchapter I, Chapter 21, Education Code, is
362	362	amended by adding Sections 21.416 and 21.417 to read as follows:
363	363	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
364	364	PROGRAM. (a) From funds appropriated or otherwise available, the
365	365	commissioner shall establish and administer a grant program to
366	366	award funds to reimburse a school district, an open-enrollment
367	367	charter school, the Windham School District, the Texas School for
368	368	the Deaf, or the Texas School for the Blind and Visually Impaired
369	369	that hires a teacher, including an educator who provides services
370	370	related to special education, who retired before September 1, 2022,
371	371	for the increased contributions to the Teacher Retirement System of
372	372	Texas associated with hiring the retired teacher.
373	373	(b) In appropriating money for grants awarded under this
374	374	section, the legislature may provide for, modify, or limit amounts
375	375	appropriated for that purpose in the General Appropriations Act,
376	376	including by:
377	377	(1) providing, notwithstanding Subsection (a), a date
378	378	or date range other than September 1, 2022, before which a teacher
379	379	must have retired for a school district, an open-enrollment charter
380	380	school, the Windham School District, the Texas School for the Deaf,
381	381	or the Texas School for the Blind and Visually Impaired that hires
382	382	the teacher to be eligible; or
383	383	(2) limiting eligibility to a school district or
384	384	open-enrollment charter school that hires a retired teacher:
385	385	(A) who holds a certain certification;
386	386	(B) to teach a certain subject or grade;
387	387	(C) in a certain geographical area; or
388	388	(D) to provide instruction to certain students,
389	389	including to students with disabilities.
390	390	(c) The commissioner shall proportionally reduce the amount
391	391	of funds awarded to school districts, open-enrollment charter
392	392	schools, the Windham School District, the Texas School for the
393	393	Deaf, and the Texas School for the Blind and Visually Impaired under
394	394	this section if the number of grant applications by eligible
395	395	districts or schools exceeds the number of grants the commissioner
396	396	could award with the money appropriated or otherwise available for
397	397	the purpose.
398	398	(d) A school district, an open-enrollment charter school,
399	399	the Windham School District, the Texas School for the Deaf, or the
400	400	Texas School for the Blind and Visually Impaired may use funds
401	401	received under this section to make required payments under Section
402	402	825.4092, Government Code.
403	403	Sec. 21.417. ELECTION BY TEACHER TO USE UNPAID LEAVE. The
404	404	board of trustees of a school district shall adopt a policy that
405	405	provides a classroom teacher employed by the district the option to
406	406	elect not to take the teacher's paid personal leave concurrently
407	407	with unpaid leave the teacher is entitled to take under the Family
408	408	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for
409	409	an absence due to pregnancy or the birth or adoption of a child.
410	410	SECTION 1.15. Section 21.4552(d), Education Code, is
411	411	amended to read as follows:
412	412	(d) From funds appropriated for that purpose, a teacher who
413	413	attends a literacy achievement academy is entitled to receive a
414	414	stipend in the amount determined by the commissioner. A stipend
415	415	received under this subsection is not considered in determining
416	416	whether a school district is paying the teacher the minimum
417	417	[monthly] salary under Section 21.402.
418	418	SECTION 1.16. Section 21.4553(d), Education Code, is
419	419	amended to read as follows:
420	420	(d) From funds appropriated for that purpose, a teacher who
421	421	attends a mathematics achievement academy is entitled to receive a
422	422	stipend in the amount determined by the commissioner. A stipend
423	423	received under this subsection is not considered in determining
424	424	whether a district is paying the teacher the minimum [monthly]
425	425	salary under Section 21.402.
426	426	SECTION 1.17. Section 21.4555(f), Education Code, is
427	427	amended to read as follows:
428	428	(f) From funds available for that purpose, a teacher who
429	429	attends a civics training program may receive a stipend in an amount
430	430	determined by the commissioner. A stipend received under this
431	431	section is not included in determining whether a district is paying
432	432	the teacher the minimum [monthly] salary under Section 21.402.
433	433	SECTION 1.18. Subchapter J, Chapter 21, Education Code, is
434	434	amended by adding Sections 21.466 and 21.467 to read as follows:
435	435	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
436	436	appropriated or otherwise available for the purpose, the agency
437	437	shall develop training for and provide technical assistance to
438	438	school districts and open-enrollment charter schools regarding:
439	439	(1) strategic compensation, staffing, and scheduling
440	440	efforts that improve professional growth, teacher leadership
441	441	opportunities, and staff retention;
442	442	(2) programs that encourage high school students or
443	443	other members of the community in the area served by the district to
444	444	become teachers, including available teacher apprenticeship
445	445	programs; and
446	446	(3) programs or strategies that school leaders may use
447	447	to establish clear and attainable behavior expectations while
448	448	proactively supporting students.
449	449	(b) From funds appropriated or otherwise available, the
450	450	agency shall provide grants to school districts and open-enrollment
451	451	charter schools to implement initiatives developed under this
452	452	section.
453	453	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
454	454	appropriated or otherwise available for the purpose, the agency
455	455	shall develop and maintain a technical assistance program to
456	456	support school districts and open-enrollment charter schools in:
457	457	(1) studying how the district's or school's staff and
458	458	student schedules, required noninstructional duties for classroom
459	459	teachers, and professional development requirements for educators
460	460	are affecting the amount of time classroom teachers work each week;
461	461	and
462	462	(2) refining the schedules for students or staff as
463	463	necessary to ensure teachers have sufficient time during normal
464	464	work hours to fulfill all job duties, including addressing the
465	465	needs of students.
466	466	(b) The agency shall periodically make findings and
467	467	recommendations for best practices publicly available using
468	468	information from participating school districts and
469	469	open-enrollment charter schools.
470	470	SECTION 1.19. Chapter 21, Education Code, is amended by
471	471	adding Subchapter R to read as follows:
472	472	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
473	473	Sec. 21.901. DEFINITIONS. In this subchapter:
474	474	(1) "Board" means the State Board for Educator
475	475	Certification.
476	476	(2) "Cooperating teacher" means a classroom teacher
477	477	who:
478	478	(A) has at least three full school years of
479	479	teaching experience with a superior record of assisting students in
480	480	achieving improvement in student performance;
481	481	(B) is employed by a school district or
482	482	open-enrollment charter school participating in a partnership
483	483	program under this subchapter and paired with a partnership
484	484	resident at the district or school; and
485	485	(C) provides coaching to a partnership resident
486	486	in the teacher's classroom.
487	487	(3) "Partnership program" means a Texas Teacher
488	488	Residency Partnership Program established at a school district or
489	489	open-enrollment charter school in accordance with this subchapter.
490	490	(4) "Partnership resident" means a person enrolled in
491	491	a qualified educator preparation program participating in a
492	492	partnership program as a candidate for educator certification.
493	493	(5) "Qualified educator preparation program" means an
494	494	educator preparation program approved in accordance with rules
495	495	proposed under Section 21.903.
496	496	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
497	497	The commissioner shall establish the Texas Teacher Residency
498	498	Partnership Program to enable qualified educator preparation
499	499	programs to form partnerships with school districts or
500	500	open-enrollment charter schools to provide residency positions to
501	501	partnership residents at the district or school.
502	502	(b) The partnership program must be designed to:
503	503	(1) allow partnership residents to receive
504	504	field-based experience working with cooperating teachers in
505	505	prekindergarten through grade 12 classrooms; and
506	506	(2) gradually increase the amount of time a
507	507	partnership resident spends engaging in instructional
508	508	responsibilities, including observation, co-teaching, and
509	509	lead-teaching responsibilities.
510	510	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
511	511	board shall propose rules specifying the requirements for board
512	512	approval of an educator preparation program as a qualified educator
513	513	preparation program for purposes of this subchapter. The rules
514	514	must require an educator preparation program to:
515	515	(1) use research-based best practices for recruiting
516	516	and admitting candidates into the educator preparation program to
517	517	participate in the partnership program;
518	518	(2) integrate curriculum, classroom practice, and
519	519	formal observation and feedback;
520	520	(3) use multiple assessments to measure a partnership
521	521	resident's progress in the partnership program; and
522	522	(4) partner with a school district or open-enrollment
523	523	charter school.
524	524	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
525	525	SCHOOLS. (a) A school district or open-enrollment charter school
526	526	participating in the partnership program shall:
527	527	(1) enter into a written agreement with a qualified
528	528	educator preparation program to:
529	529	(A) provide a partnership resident with at least
530	530	one school year of clinical teaching in a residency position at the
531	531	district or school in the subject area and grade level for which the
532	532	resident seeks certification; and
533	533	(B) pair the partnership resident with a
534	534	cooperating teacher;
535	535	(2) specify the amount of money the district receives
536	536	under Section 48.157 that the district will provide to the program;
537	537	(3) only use money received under Section 48.157 to:
538	538	(A) implement the partnership program;
539	539	(B) provide compensation to:
540	540	(i) partnership residents in residency
541	541	positions at the district or school; and
542	542	(ii) cooperating teachers who are paired
543	543	with partnership residents at the district or school; and
544	544	(C) provide an amount equal to at least 10
545	545	percent of the funding received by the district or school to the
546	546	qualified educator preparation program with which the district or
547	547	school partners;
548	548	(4) pay at least 50 percent of the compensation paid to
549	549	partnership residents using money other than money received under
550	550	Section 48.157; and
551	551	(5) provide any information required by the agency
552	552	regarding the district's or school's implementation of the program.
553	553	(b) A school district or open-enrollment charter school may
554	554	only pair a partnership resident with a cooperating teacher who
555	555	agrees to participate in that role in a partnership program at the
556	556	district or school partnership program.
557	557	(c) A partnership resident may not serve as a teacher of
558	558	record, as that term is defined by Section 21.051.
559	559	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
560	560	shall propose rules specifying the requirements for the issuance of
561	561	a residency educator certificate to a candidate who has
562	562	successfully completed a qualified educator preparation program
563	563	under Section 21.903. The rules may not require the resident to
564	564	pass a pedagogy examination unless the examination tests
565	565	subject-specific content appropriate for the grade and subject area
566	566	for which the candidate seeks certification.
567	567	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
568	568	technical assistance, planning, and support to school districts,
569	569	open-enrollment charter schools, and qualified educator
570	570	preparation programs, which must include:
571	571	(1) providing model forms and agreements a district,
572	572	school, or educator preparation program may use to comply with the
573	573	requirements of this subchapter; and
574	574	(2) support for district and school strategic staffing
575	575	and compensation models to incentivize participation in a
576	576	partnership program.
577	577	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
578	578	commissioner may solicit and accept gifts, grants, and donations
579	579	from public and private entities to use for the purposes of this
580	580	subchapter.
581	581	Sec. 21.908. RULES; NEGOTIATED RULEMAKING COMMITTEE. (a)
582	582	The board shall propose rules necessary to implement this
583	583	subchapter, including, subject to Subsection (b), rules under
584	584	Sections 21.903 and 21.905.
585	585	(b) In using negotiated rulemaking procedures under Chapter
586	586	2008, Government Code, for any proposed rule related to the
587	587	implementation of Section 21.903 or 21.905, the board must appoint
588	588	to the negotiated rulemaking committee persons representing
589	589	institutions of higher education, as defined by Section 61.003.
590	590	(c) The commissioner shall adopt rules as necessary to
591	591	implement this subchapter after considering the recommendations of
592	592	the negotiated rulemaking committee appointed under Subsection
593	593	(b).
594	594	SECTION 1.20. Section 29.153(b), Education Code, is amended
595	595	to read as follows:
596	596	(b) A child is eligible for enrollment in a prekindergarten
597	597	class under this section if the child is at least three years of age
598	598	and:
599	599	(1) is unable to speak and comprehend the English
600	600	language;
601	601	(2) is educationally disadvantaged;
602	602	(3) is homeless, regardless of the residence of the
603	603	child, of either parent of the child, or of the child's guardian or
604	604	other person having lawful control of the child;
605	605	(4) is the child of an active duty member of the armed
606	606	forces of the United States, including the state military forces or
607	607	a reserve component of the armed forces, who is ordered to active
608	608	duty by proper authority;
609	609	(5) is the child of a member of the armed forces of the
610	610	United States, including the state military forces or a reserve
611	611	component of the armed forces, who was injured or killed while
612	612	serving on active duty;
613	613	(6) is or ever has been in:
614	614	(A) the conservatorship of the Department of
615	615	Family and Protective Services following an adversary hearing held
616	616	as provided by Section 262.201, Family Code; or
617	617	(B) foster care in another state or territory, if
618	618	the child resides in this state; [or]
619	619	(7) is the child of a person eligible for the Star of
620	620	Texas Award as:
621	621	(A) a peace officer under Section 3106.002,
622	622	Government Code;
623	623	(B) a firefighter under Section 3106.003,
624	624	Government Code; or
625	625	(C) an emergency medical first responder under
626	626	Section 3106.004, Government Code; or
627	627	(8) is the child of a person employed as a classroom
628	628	teacher at a public primary or secondary school in the school
629	629	district that offers a prekindergarten class under this section.
630	630	SECTION 1.21. Section 30.102(b), Education Code, is amended
631	631	to read as follows:
632	632	(b) A classroom teacher, full-time librarian, full-time
633	633	school counselor certified under Subchapter B, Chapter 21, or
634	634	full-time school nurse employed by the department is entitled to
635	635	receive as a minimum salary the [monthly] salary specified by
636	636	Section 21.402. A classroom teacher, full-time librarian,
637	637	full-time school counselor, or full-time school nurse may be paid,
638	638	from funds appropriated to the department, a salary in excess of the
639	639	minimum specified by that section, but the salary may not exceed the
640	640	rate of pay for a similar position in the public schools of an
641	641	adjacent school district.
642	642	SECTION 1.22. Section 33.009(h), Education Code, is amended
643	643	to read as follows:
644	644	(h) From funds appropriated for that purpose, a school
645	645	counselor who attends the academy under this section is entitled to
646	646	receive a stipend in the amount determined by the coordinating
647	647	board. If funds are available after all eligible school counselors
648	648	have received a stipend under this subsection, the coordinating
649	649	board shall pay a stipend in the amount determined by the
650	650	coordinating board to a teacher who attends the academy under this
651	651	section. A stipend received under this subsection is not
652	652	considered in determining whether a district is paying the school
653	653	counselor or teacher the minimum [monthly] salary under Section
654	654	21.402.
655	655	SECTION 1.23. Sections 48.112(c) and (d), Education Code,
656	656	are amended to read as follows:
657	657	(c) For each classroom teacher with a teacher designation
658	658	under Section 21.3521 employed by a school district, the school
659	659	district is entitled to an allotment equal to the following
660	660	applicable base amount increased by the high needs and rural factor
661	661	as determined under Subsection (d):
662	662	(1) $12,000, or an increased amount not to exceed
663	663	$36,000 [$32,000] as determined under Subsection (d), for each
664	664	master teacher;
665	665	(2) $9,000 [$6,000], or an increased amount not to
666	666	exceed $25,000 [$18,000] as determined under Subsection (d), for
667	667	each exemplary teacher; [and]
668	668	(3) $5,000 [$3,000], or an increased amount not to
669	669	exceed $15,000 [$9,000] as determined under Subsection (d), for
670	670	each recognized teacher; and
671	671	(4) $3,000, or an increased amount not to exceed
672	672	$9,000 as determined under Subsection (d), for each:
673	673	(A) acknowledged teacher; or
674	674	(B) teacher designated as nationally board
675	675	certified.
676	676	(d) The high needs and rural factor is determined by
677	677	multiplying the following applicable amounts by the average of the
678	678	point value assigned to each student at a district campus under
679	679	Subsection (e):
680	680	(1) $6,000 [$5,000] for each master teacher;
681	681	(2) $4,000 [$3,000] for each exemplary teacher; [and]
682	682	(3) $2,500 [$1,500] for each recognized teacher; and
683	683	(4) $1,500 for each:
684	684	(A) acknowledged teacher; or
685	685	(B) teacher designated as nationally board
686	686	certified.
687	687	SECTION 1.24. Subchapter D, Chapter 48, Education Code, is
688	688	amended by adding Section 48.157 to read as follows:
689	689	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
690	690	section, "partnership program" and "partnership resident" have the
691	691	meanings assigned by Section 21.901.
692	692	(b) For each partnership resident employed at a school
693	693	district in a residency position under Subchapter R, Chapter 21,
694	694	the district is entitled to an allotment equal to a base amount of
695	695	$22,000 increased by the high needs and rural factor, as determined
696	696	under Subsection (c), to an amount not to exceed $42,000.
697	697	(c) The high needs and rural factor is determined by
698	698	multiplying $5,000 by the lesser of:
699	699	(1) the average of the point value assigned to each
700	700	student at a district campus under Sections 48.112(e) and (f); or
701	701	(2) 4.0.
702	702	(d) In addition to the funding under Subsection (b), a
703	703	district that qualifies for an allotment under this section is
704	704	entitled to an additional $2,000 for each partnership resident
705	705	employed in a residency position at the district who is a candidate
706	706	for special education or bilingual education certification.
707	707	(e) The Texas School for the Deaf and the Texas School for
708	708	the Blind and Visually Impaired are entitled to an allotment under
709	709	this section. If the commissioner determines that assigning point
710	710	values under Subsection (c) to students enrolled in the Texas
711	711	School for the Deaf or the Texas School for the Blind and Visually
712	712	Impaired is impractical, the commissioner may use the average point
713	713	value assigned for those students' home districts for purposes of
714	714	calculating the high needs and rural factor.
715	715	SECTION 1.25. Subchapter F, Chapter 48, Education Code, is
716	716	amended by adding Section 48.280 to read as follows:
717	717	Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) A school
718	718	district is entitled to receive an annual salary transition
719	719	allotment equal to the number of employees on the minimum salary
720	720	schedule under Section 21.402 for the applicable school year
721	721	multiplied by the difference, if that amount is greater than zero,
722	722	between:
723	723	(1) the amount calculated under Subsection (b); and
724	724	(2) the amount calculated under Subsection (c).
725	725	(b) The agency shall calculate a school district's value for
726	726	Subsection (a)(1) by determining the difference between:
727	727	(1) the amount the district must pay in compensation
728	728	for the current school year for employees on the minimum salary
729	729	schedule under Section 21.402, as amended by _.B. ___, 88th
730	730	Legislature, 3rd Called Session, 2023, divided by the total number
731	731	of employees on the minimum salary schedule under that section for
732	732	that school year; and
733	733	(2) the amount paid in compensation for the 2023-2024
734	734	school year for employees on the minimum salary schedule under
735	735	Section 21.402 divided by the total number of employees on the
736	736	minimum salary schedule under that section for that school year.
737	737	(c) The agency shall calculate a school district's value for
738	738	Subsection (a)(2) by determining the difference between:
739	739	(1) the total maintenance and operations revenue for
740	740	the current school year divided by the total number of employees on
741	741	the minimum salary schedule under Section 21.402 for that school
742	742	year; and
743	743	(2) the total maintenance and operations revenue that
744	744	would have been available to the district for the current school
745	745	year using the basic allotment formula provided by Section 48.051
746	746	and the small and mid-sized allotment formulas provided by Section
747	747	48.101 as those sections existed on January 1, 2023, divided by the
748	748	total number of employees on the minimum salary schedule under
749	749	Section 21.402 for that school year.
750	750	(d) In calculating the values under this section for a
751	751	school district or open-enrollment charter school to which Section
752	752	21.402 does not apply, the agency shall include as employees on the
753	753	minimum salary schedule under that section employees of the
754	754	district or school who would have been on the minimum salary
755	755	schedule under that section if the district or school were a school
756	756	district to which that section applies.
757	757	(e) Before making a final determination of the amount of an
758	758	allotment to which a school district is entitled under this
759	759	section, the agency shall ensure each school district has an
760	760	opportunity to review and submit revised information to the agency
761	761	for purposes of calculating the values under Subsection (a).
762	762	(f) For purposes of this section, "compensation" includes
763	763	contributions made to the Teacher Retirement System of Texas under
764	764	Sections 825.4035 and 825.405, Government Code.
765	765	SECTION 1.26. The following provisions are repealed:
766	766	(1) Sections 21.402(b), (c), (c-1), (f), and (h),
767	767	Education Code;
768	768	(2) Sections 21.403(a) and (d), Education Code;
769	769	(3) Subchapter Q, Chapter 21, Education Code;
770	770	(4) Section 48.114(b), Education Code; and
771	771	(5) Section 825.4092(f), Government Code.
772	772	SECTION 1.27. Not later than September 1, 2026, the
773	773	commissioner of education, with the assistance of the executive
774	774	director of the Teacher Retirement System of Texas and the
775	775	comptroller of public accounts, shall make recommendations to the
776	776	legislature to improve and coordinate pension contribution
777	777	appropriations for public school employees.
778	778	SECTION 1.28. Section 21.257(f), Education Code, as added
779	779	by this article, applies only to a hearing before a hearing examiner
780	780	commenced on or after the effective date of this article.
781	781	SECTION 1.29. Immediately following the effective date of
782	782	this article, a school district or open-enrollment charter school
783	783	shall redesignate a teacher who holds a designation made under
784	784	Section 21.3521, Education Code, before the effective date of this
785	785	article, to reflect the teacher's designation under Section
786	786	21.3521, Education Code, as amended by this article. Funding
787	787	provided to a school district under Section 48.112, Education Code,
788	788	for a teacher who held a designation made under Section 21.3521,
789	789	Education Code, as that section existed immediately before the
790	790	effective date of this article, shall be increased to reflect the
791	791	teacher's redesignation under Section 21.3521, Education Code, as
792	792	amended by this article.
793	793	SECTION 1.30. Notwithstanding Section 21.903, Education
794	794	Code, as added by this article, until the State Board for Educator
795	795	Certification adopts rules specifying the requirements for
796	796	approval of an educator preparation program as a qualified educator
797	797	preparation program as required by that section, the commissioner
798	798	of education may approve a program as a qualified educator
799	799	preparation program for purposes of Subchapter R, Chapter 21,
800	800	Education Code, as added by this article, if the commissioner
801	801	determines that the program meets the requirements under Section
802	802	21.903, Education Code, as added by this article. An educator
803	803	preparation program's designation as a qualified educator
804	804	preparation program by the commissioner under this section remains
805	805	effective until the first anniversary of the earliest effective
806	806	date of a rule adopted by the State Board for Educator Certification
807	807	under Section 21.903, Education Code, as added by this article.
808	808	SECTION 1.31. This article takes effect September 1, 2024.
809	809	ARTICLE 2. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
810	810	2023-2024 SCHOOL YEAR
811	811	SECTION 2.01. Section 12.106, Education Code, is amended by
812	812	amending Subsection (d) and adding Subsections (d-1) and (d-2) to
813	813	read as follows:
814	814	(d) Subject to Subsection (e), in addition to other amounts
815	815	provided by this section, a charter holder is entitled to receive,
816	816	for the open-enrollment charter school, funding per student in
817	817	average daily attendance in an amount equal to the guaranteed level
818	818	of state and local funds per student per cent of tax effort under
819	819	Section 46.032(a) multiplied by the lesser of:
820	820	(1) the state average interest and sinking fund tax
821	821	rate imposed by school districts for the current year; or
822	822	(2) a rate that would result in a total amount to which
823	823	charter schools are entitled under this subsection for the current
824	824	year equal to $300 [$60] million or a greater amount provided by
825	825	appropriation.
826	826	(d-1) Notwithstanding Subsection (d)(2), the total amount
827	827	that may be used to provide allotments under Subsection (d) may not
828	828	exceed:
829	829	(1) for the 2023-2024 school year, $108 million;
830	830	(2) for the 2024-2025 school year, $156 million;
831	831	(3) for the 2025-2026 school year, $204 million; and
832	832	(4) for the 2026-2027 school year, $252 million.
833	833	(d-2) Subsection (d-1) and this subsection expire September
834	834	1, 2028.
835	835	SECTION 2.02. Subchapter Z, Chapter 29, Education Code, is
836	836	amended by adding Section 29.935 to read as follows:
837	837	Sec. 29.935. UNIVERSITY OF TEXAS MCDONALD OBSERVATORY
838	838	EDUCATION AND OUTREACH GRANT. (a) From money appropriated for the
839	839	Foundation School Program or otherwise made available for purposes
840	840	of this section, the commissioner shall transfer the amount of $10
841	841	million to The University of Texas at Austin to enhance education
842	842	outreach and visitor experiences and engagement, particularly for
843	843	students and educators, at The University of Texas McDonald
844	844	Observatory at Mount Locke.
845	845	(b) Funds transferred under this section may only be used by
846	846	The University of Texas McDonald Observatory at Mount Locke to:
847	847	(1) install new exhibits and renovate existing
848	848	exhibits;
849	849	(2) modernize self-guided tours with the integration
850	850	of technology;
851	851	(3) renovate and upgrade the observatory's theater and
852	852	facilities;
853	853	(4) leverage technology to create first-class virtual
854	854	experiences; and
855	855	(5) design in-person and virtual engagements for all
856	856	ages with special consideration given to students and educators.
857	857	(c) The commissioner shall adopt rules as necessary to
858	858	implement this section.
859	859	(d) This section expires September 1, 2025.
860	860	SECTION 2.03. Section 30.003, Education Code, is amended by
861	861	amending Subsections (b) and (f-1) and adding Subsection (b-1) to
862	862	read as follows:
863	863	(b) If the student is admitted to the school for a full-time
864	864	program for the equivalent of two long semesters, the district's
865	865	share of the cost is an amount equal to the dollar amount of
866	866	maintenance and debt service taxes imposed by the district for that
867	867	year, subject to Subsection (b-1), divided by the district's
868	868	average daily attendance for the preceding year.
869	869	(b-1) For purposes of Subsection (b), the commissioner
870	870	shall reduce the dollar amount of maintenance and debt service
871	871	taxes imposed by the district for a year by the amount, if any, by
872	872	which the district is required to reduce the district's local
873	873	revenue level under Section 48.257 for that year.
874	874	(f-1) The commissioner shall determine the total amount
875	875	that the Texas School for the Blind and Visually Impaired and the
876	876	Texas School for the Deaf would have received from school districts
877	877	in accordance with this section if the following provisions had not
878	878	reduced the districts' share of the cost of providing education
879	879	services:
880	880	(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
881	881	Called Session, 2006;
882	882	(2) Subsection (b-1) of this section;
883	883	(3) Section 45.0032;
884	884	(4) [(3)] Section 48.255; and
885	885	(5) [(4)] Section 48.2551.
886	886	SECTION 2.04. Subchapter B, Chapter 38, Education Code, is
887	887	amended by adding Section 38.0631 to read as follows:
888	888	Sec. 38.0631. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
889	889	TEXAS SCHOOL-BASED HEALTH CENTERS GRANT. (a) From money
890	890	appropriated for the Foundation School Program or otherwise made
891	891	available for purposes of this section and in addition to other
892	892	grants available under this subchapter, the commissioner shall
893	893	transfer the amount of $20 million to the Texas Tech University
894	894	Health Sciences Center to enhance the provision of telehealth
895	895	services to public school students who receive services from
896	896	school-based health centers located in partner schools that
897	897	participate in the Texas Child Health Access through Telemedicine
898	898	program operated by the Texas Child Mental Health Care Consortium
899	899	established under Chapter 113, Health and Safety Code.
900	900	(b) Funds transferred under this section may only be used by
901	901	the Texas Tech University Health Sciences Center to:
902	902	(1) establish health care delivery infrastructure to
903	903	provide public school students the option of virtual health care
904	904	clinic visits during school hours;
905	905	(2) develop a network of health care providers to
906	906	facilitate direct access for public school students to health care
907	907	providers through telehealth platforms; and
908	908	(3) establish partnerships with school districts.
909	909	(c) The commissioner shall adopt rules as necessary to
910	910	implement this section.
911	911	(d) This section expires September 1, 2025.
912	912	SECTION 2.05. Sections 48.005(b), (e), and (f), Education
913	913	Code, are amended to read as follows:
914	914	(b) A school district that experiences a decline of more
915	915	than five [two] percent [or more] in average daily attendance shall
916	916	be funded on the basis of[:
917	917	[(1) the actual average daily attendance of the
918	918	preceding school year, if the decline is the result of the closing
919	919	or reduction in personnel of a military base; or
920	920	[(2) subject to Subsection (e),] an average daily
921	921	attendance of 95 [not to exceed 98] percent of the actual average
922	922	daily attendance of the preceding school year[, if the decline is
923	923	not the result of the closing or reduction in personnel of a
924	924	military base].
925	925	(e) For each school year, the commissioner shall adjust the
926	926	average daily attendance of school districts that are entitled to
927	927	funding on the basis of an adjusted average daily attendance under
928	928	Subsection (b) [(b)(2)] so that:
929	929	(1) all districts are funded on the basis of the same
930	930	percentage of the preceding year's actual average daily attendance;
931	931	and
932	932	(2) the total cost to the state does not exceed $50
933	933	million [the amount specifically appropriated for that year for
934	934	purposes of Subsection (b)(2)].
935	935	(f) An open-enrollment charter school is not entitled to
936	936	funding based on an adjustment under Subsection (b) [(b)(2)].
937	937	SECTION 2.06. Sections 48.011(a-1), (d), and (e), Education
938	938	Code, are amended to read as follows:
939	939	(a-1) The commissioner may modify dates relating to the
940	940	adoption of a school district's maintenance and operations tax rate
941	941	and, if applicable, an election required for the district to adopt
942	942	that rate as necessary to implement the changes to the Foundation
943	943	School Program and requirements relating to school district tax
944	944	rates made by the 88th [H.B. 3, 86th] Legislature, 3rd Called
945	945	[Regular] Session, 2023 [2019].
946	946	(d) Beginning with the 2027-2028 [2021-2022] school year,
947	947	the commissioner may not make an adjustment under Subsection (a) or
948	948	(a-1).
949	949	(e) This section expires September 1, 2028 [2023].
950	950	SECTION 2.07. Section 48.051, Education Code, is amended by
951	951	amending Subsections (a), (c), and (d) and adding Subsections
952	952	(c-3), (c-4), (c-5), and (c-6) to read as follows:
953	953	(a) For each student in average daily attendance, not
954	954	including the time students spend each day in special education
955	955	programs in an instructional arrangement other than mainstream or
956	956	career and technology education programs, for which an additional
957	957	allotment is made under Subchapter C, a district is entitled to an
958	958	allotment equal to [the lesser of $6,160 or] the amount that results
959	959	from the following formula:
960	960	A = B [$6,160] X TR/MCR
961	961	where:
962	962	"A" is the allotment to which a district is entitled;
963	963	"B" is the base amount, which equals the greater of:
964	964	(1) $6,190;
965	965	(2) an amount equal to the district's base amount under
966	966	this section for the preceding school year; or
967	967	(3) the amount appropriated under Subsection (b);
968	968	"TR" is the district's tier one maintenance and operations
969	969	tax rate, as provided by Section 45.0032; and
970	970	"MCR" is the district's maximum compressed tax rate, as
971	971	determined under Section 48.2551.
972	972	(c) During any school year for which the value of "A"
973	973	determined [maximum amount of the basic allotment provided] under
974	974	Subsection (a) or, if applicable, the sum of the value of "A" and
975	975	the allotment under Section 48.101 to which the district is
976	976	entitled, [or (b)] is greater than the value of "A" or, if
977	977	applicable, the sum of the value of "A" and the allotment under
978	978	Section 48.101 to which the district is entitled, [maximum amount
979	979	provided] for the preceding school year, a school district must use
980	980	at least 50 [30] percent of the amount[, if the amount is greater
981	981	than zero,] that equals the product of the average daily attendance
982	982	of the district multiplied by the amount of the difference between
983	983	the district's funding under this chapter per student in average
984	984	daily attendance, excluding the amounts described by Subsection
985	985	(c-6), for the current school year and the preceding school year to
986	986	increase the average total compensation per [provide compensation
987	987	increases to] full-time district employee [employees] other than an
988	988	administrator [administrators] as follows:
989	989	(1) 75 percent must be used to increase the average
990	990	total compensation per full-time district employee employed as
991	991	[paid to] classroom teachers, full-time librarians, full-time
992	992	school counselors certified under Subchapter B, Chapter 21, and
993	993	full-time school nurses[, prioritizing differentiated compensation
994	994	for classroom teachers with more than five years of experience];
995	995	and
996	996	(2) 25 percent may be used as determined by the
997	997	district to increase the average total compensation per [paid to]
998	998	full-time district employee who is not described by Subdivision (1)
999	999	[employees].
1000	1000	(c-3) In calculating the average total compensation per
1001	1001	full-time district employee under Subsection (c), a school district
1002	1002	may not consider compensation paid to a district employee employed
1003	1003	in a position described by that subsection who is added by the
1004	1004	district for the current school year and that increases the ratio of
1005	1005	those employees to students enrolled in the district compared to
1006	1006	the preceding school year.
1007	1007	(c-4) If a school district increases employee compensation
1008	1008	in a school year to comply with Subsection (c), as amended by
1009	1009	_.B. ___, 88th Legislature, 3rd Called Session, 2023, the district
1010	1010	is providing compensation for services rendered independently of an
1011	1011	existing employment contract applicable to that year and is not a
1012	1012	violation of Section 53, Article III, Texas Constitution.
1013	1013	(c-5) A school district that does not meet the requirements
1014	1014	of Subsection (c) during a school year may satisfy the requirements
1015	1015	of this section by providing a full-time district employee
1016	1016	described by that subsection a one-time bonus payment during the
1017	1017	following school year in an amount equal to the difference between
1018	1018	the compensation earned by the employee and the compensation the
1019	1019	employee should have received during the school year if the
1020	1020	district had complied with Subsection (c).
1021	1021	(c-6) For purposes of determining the amount of a school
1022	1022	district's funding under this chapter under Subsection (c), the
1023	1023	commissioner shall exclude:
1024	1024	(1) money received from the state instructional
1025	1025	materials and technology fund under Section 31.021;
1026	1026	(2) the special education full individual and initial
1027	1027	evaluation allotment under Section 48.1022;
1028	1028	(3) the college, career, and military readiness
1029	1029	outcomes bonuses under Section 48.110;
1030	1030	(4) the school safety allotment under Section 48.115;
1031	1031	and
1032	1032	(5) the allotments under Subchapter D, other than the
1033	1033	allotments under Sections 48.153 and 48.154.
1034	1034	(d) In this section, "compensation" includes:
1035	1035	(1) benefits such as insurance premiums; and
1036	1036	(2) contributions to the Teacher Retirement System of
1037	1037	Texas under Section 825.4035, Government Code.
1038	1038	SECTION 2.08. Subchapter C, Chapter 48, Education Code, is
1039	1039	amended by adding Section 48.1022 to read as follows:
1040	1040	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
1041	1041	EVALUATION. For each student for whom a school district conducts a
1042	1042	full individual and initial evaluation under Section 29.004 or 20
1043	1043	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
1044	1044	of $500 or a greater amount provided by appropriation.
1045	1045	SECTION 2.09. Section 48.106(a-1), Education Code, is
1046	1046	amended to read as follows:
1047	1047	(a-1) In addition to the amounts under Subsection (a), for
1048	1048	each student in average daily attendance, a district is entitled to
1049	1049	$150 [$50] for each of the following in which the student is
1050	1050	enrolled:
1051	1051	(1) a campus designated as a P-TECH school under
1052	1052	Section 29.556; or
1053	1053	(2) a campus that is a member of the New Tech Network
1054	1054	and that focuses on project-based learning and work-based
1055	1055	education.
1056	1056	SECTION 2.10. Section 48.108(a), Education Code, is amended
1057	1057	to read as follows:
1058	1058	(a) For each student in average daily attendance in
1059	1059	prekindergarten [kindergarten] through third grade, a school
1060	1060	district is entitled to an annual allotment equal to the basic
1061	1061	allotment multiplied by 0.1 if the student is:
1062	1062	(1) educationally disadvantaged; or
1063	1063	(2) an emergent bilingual student, as defined by
1064	1064	Section 29.052, and is in a bilingual education or special language
1065	1065	program under Subchapter B, Chapter 29.
1066	1066	SECTION 2.11. Section 48.110(d), Education Code, is amended
1067	1067	to read as follows:
1068	1068	(d) For each annual graduate in a cohort described by
1069	1069	Subsection (b) who demonstrates college, career, or military
1070	1070	readiness as described by Subsection (f) in excess of the minimum
1071	1071	number of students determined for the applicable district cohort
1072	1072	under Subsection (c), a school district is entitled to an annual
1073	1073	outcomes bonus of:
1074	1074	(1) if the annual graduate is educationally
1075	1075	disadvantaged, $5,000;
1076	1076	(2) if the annual graduate is not educationally
1077	1077	disadvantaged, $3,000; and
1078	1078	(3) if the annual graduate is enrolled in a special
1079	1079	education program under Subchapter A, Chapter 29, $4,000 [$2,000],
1080	1080	regardless of whether the annual graduate is educationally
1081	1081	disadvantaged.
1082	1082	SECTION 2.12. Section 48.111(a), Education Code, is amended
1083	1083	to read as follows:
1084	1084	(a) A [Except as provided by Subsection (c), a] school
1085	1085	district is entitled to an annual allotment equal to the basic
1086	1086	allotment multiplied by the applicable weight under Subsection
1087	1087	(a-1) for each enrolled student equal to the difference, if the
1088	1088	difference is greater than zero, that results from subtracting 250
1089	1089	from the difference between the number of students enrolled in the
1090	1090	district during the school year immediately preceding the current
1091	1091	school year and the number of students enrolled in the district
1092	1092	during the school year six years preceding the current school year.
1093	1093	SECTION 2.13. Section 48.115(a), Education Code, is amended
1094	1094	to read as follows:
1095	1095	(a) Except as provided by Subsection (a-1), a school
1096	1096	district is entitled to an annual allotment equal to the greater of
1097	1097	[sum of the following amounts or a greater amount provided by
1098	1098	appropriation]:
1099	1099	(1) [$10 for each student in average daily attendance,
1100	1100	plus $1 for each student in average daily attendance per every $50
1101	1101	by which] the [district's maximum] basic allotment multiplied by
1102	1102	0.005 for each student in average daily attendance [under Section
1103	1103	48.051 exceeds $6,160, prorated as necessary]; and
1104	1104	(2) the following amount, as applicable, [$15,000] per
1105	1105	campus:
1106	1106	(A) $30,000 for each campus with 500 or fewer
1107	1107	enrolled students;
1108	1108	(B) $50,000 for each campus with 501 to 1,000
1109	1109	enrolled students;
1110	1110	(C) $75,000 for each campus with 1,001 to 1,500
1111	1111	enrolled students;
1112	1112	(D) $87,500 for each campus with 1,501 to 2,000
1113	1113	enrolled students; and
1114	1114	(E) $100,000 for each campus with more than 2,000
1115	1115	enrolled students.
1116	1116	SECTION 2.14. Subchapter C, Chapter 48, Education Code, is
1117	1117	amended by adding Sections 48.116 and 48.119 to read as follows:
1118	1118	Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in
1119	1119	average daily attendance enrolled in a fine arts education course
1120	1120	approved by the agency under Subsection (b) in grades 6 through 12,
1121	1121	a school district is entitled to an annual allotment equal to:
1122	1122	(1) if the student is not educationally disadvantaged,
1123	1123	the basic allotment, or, if applicable, the sum of the basic
1124	1124	allotment and the allotment under Section 48.101 to which the
1125	1125	district is entitled, multiplied by .008; or
1126	1126	(2) if the student is educationally disadvantaged, the
1127	1127	amount determined under Subdivision (1) multiplied by two.
1128	1128	(b) The agency shall approve fine arts education courses
1129	1129	that qualify for the allotment provided under this section. The
1130	1130	approved courses must include fine arts education courses that:
1131	1131	(1) are authorized by the State Board of Education,
1132	1132	including music, art, theater, and dance;
1133	1133	(2) provide students with the knowledge and skills
1134	1134	necessary for success in the fine arts; and
1135	1135	(3) require a student in full-time attendance to
1136	1136	receive not less than 225 minutes of fine arts instruction per week.
1137	1137	(c) The agency shall annually publish a list of fine arts
1138	1138	courses approved under Subsection (b).
1139	1139	Sec. 48.119. BOOK SAFETY ALLOTMENT. (a) For each student
1140	1140	in average daily attendance, a school district is entitled to an
1141	1141	annual allotment of $3 or a greater amount provided by
1142	1142	appropriation.
1143	1143	(b) Funds allocated under this section may be used only to
1144	1144	ensure that school library books and related materials meet the
1145	1145	standards adopted under Section 33.021.
1146	1146	(c) The agency shall adopt a list of approved vendors at
1147	1147	which a school district may spend funds allocated under this
1148	1148	section for the purpose described by Subsection (b).
1149	1149	SECTION 2.15. Section 48.118(f), Education Code, is amended
1150	1150	to read as follows:
1151	1151	(f) The total amount of state funding for allotments and
1152	1152	outcomes bonuses under this section may not exceed $5 million per
1153	1153	year unless money is specifically appropriated for the purpose of
1154	1154	this section and designated as money in excess of the $5 million
1155	1155	permitted under this subsection. If the total amount of allotments
1156	1156	and outcomes bonuses to which school districts are entitled under
1157	1157	this section exceeds the amount permitted under this subsection,
1158	1158	the agency shall allocate state funding to districts under this
1159	1159	section in the following order:
1160	1160	(1) allotments under Subsection (a) for which school
1161	1161	districts participating in partnerships prioritized under Section
1162	1162	29.912(h) are eligible;
1163	1163	(2) allotments under Subsection (a) for which school
1164	1164	districts that entered into a memorandum of understanding or letter
1165	1165	of commitment regarding a multidistrict pathway partnership, as
1166	1166	defined by commissioner rule, before May 1, 2023, are eligible;
1167	1167	(3) allotments under Subsection (a) for which school
1168	1168	districts that have entered into a performance agreement under
1169	1169	Section 29.912 with a coordinating entity that is an institution of
1170	1170	higher education, as defined by Section 61.003, are eligible;
1171	1171	(4) allotments under Subsection (a) for which school
1172	1172	districts with the highest percentage of students who are
1173	1173	educationally disadvantaged, in descending order, are eligible;
1174	1174	and
1175	1175	(5) outcomes bonuses under Subsection (c) for which
1176	1176	school districts with the highest percentage of students who are
1177	1177	educationally disadvantaged, in descending order, are eligible.
1178	1178	SECTION 2.16. Section 48.151(g), Education Code, is amended
1179	1179	to read as follows:
1180	1180	(g) A school district or county that provides special
1181	1181	transportation services for eligible special education students is
1182	1182	entitled to a state allocation at a [paid on a previous year's
1183	1183	cost-per-mile basis. The] rate of $1.75 per mile or a greater
1184	1184	amount provided [allowable shall be set] by appropriation [based on
1185	1185	data gathered from the first year of each preceding biennium].
1186	1186	Districts may use a portion of their support allocation to pay
1187	1187	transportation costs, if necessary. The commissioner may grant an
1188	1188	amount set by appropriation for private transportation to reimburse
1189	1189	parents or their agents for transporting eligible special education
1190	1190	students. The mileage allowed shall be computed along the shortest
1191	1191	public road from the student's home to school and back, morning and
1192	1192	afternoon. The need for this type of transportation shall be
1193	1193	determined on an individual basis and shall be approved only in
1194	1194	extreme hardship cases.
1195	1195	SECTION 2.17. Subchapter D, Chapter 48, Education Code, is
1196	1196	amended by adding Sections 48.160 and 48.161 to read as follows:
1197	1197	Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS
1198	1198	AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible
1199	1199	to receive an allotment under this section if the district offers
1200	1200	through in-person instruction, remote instruction, or a hybrid of
1201	1201	in-person and remote instruction:
1202	1202	(1) an advanced mathematics pathway that begins with
1203	1203	Algebra I in grade eight and continues through progressively more
1204	1204	advanced mathematics courses in each grade from grade 9 through 12;
1205	1205	(2) a program of study in:
1206	1206	(A) computer programming and software
1207	1207	development; or
1208	1208	(B) cybersecurity; and
1209	1209	(3) a program of study in a specialized skilled trade,
1210	1210	such as:
1211	1211	(A) plumbing and pipefitting;
1212	1212	(B) electrical;
1213	1213	(C) welding;
1214	1214	(D) diesel and heavy equipment;
1215	1215	(E) aviation maintenance; or
1216	1216	(F) applied agricultural engineering.
1217	1217	(b) Notwithstanding Subsection (a), a school district is
1218	1218	eligible for the allotment under this section for students in
1219	1219	average daily attendance in a high school in the district that does
1220	1220	not offer a program of study described by Subsection (a)(2) or (3)
1221	1221	if:
1222	1222	(1) high school students who reside in the attendance
1223	1223	zone of the high school may participate in the program of study by
1224	1224	enrolling in another high school:
1225	1225	(A) that:
1226	1226	(i) is in the same district or a neighboring
1227	1227	school district;
1228	1228	(ii) was assigned the same or a better
1229	1229	campus overall performance rating under Section 39.054 as the high
1230	1230	school in whose attendance zone the students reside; and
1231	1231	(iii) offers the program of study; and
1232	1232	(B) to and from which transportation is provided
1233	1233	for those students; or
1234	1234	(2) students in average daily attendance in the high
1235	1235	school:
1236	1236	(A) are offered instruction for the program of
1237	1237	study at another location, such as another high school in the same
1238	1238	district or a neighboring school district; and
1239	1239	(B) receive transportation to and from the
1240	1240	location described by Paragraph (A).
1241	1241	(c) An eligible school district is entitled to an annual
1242	1242	allotment of $10 for each student in average daily attendance at a
1243	1243	high school in the district that offers a pathway or program of
1244	1244	study from each subdivision described by Subsection (a) if:
1245	1245	(1) each student in average daily attendance at the
1246	1246	high school takes a progressively more advanced mathematics course
1247	1247	each year of enrollment; and
1248	1248	(2) for each of those pathways or programs of study, at
1249	1249	least one student in average daily attendance at the high school
1250	1250	completes a course in the pathway or program of study.
1251	1251	(d) A school district that receives an allotment under
1252	1252	Subsection (c) and Section 48.101 is entitled to receive an
1253	1253	additional allotment in an amount equal to the product of 0.1 and
1254	1254	the allotment to which the district is entitled under Section
1255	1255	48.101 for each student for which the district receives an
1256	1256	allotment under Subsection (c). An open-enrollment charter school
1257	1257	is not eligible for an allotment under this subsection.
1258	1258	(e) The commissioner by rule may establish requirements to
1259	1259	ensure students in average daily attendance in a high school to
1260	1260	which Subsection (b) applies have meaningful access to the programs
1261	1261	of study described by Subsections (a)(2) and (3).
1262	1262	(f) The agency may reduce the amount of a school district's
1263	1263	allotment under this section if the agency determines that the
1264	1264	district has not complied with any provision of this section.
1265	1265	Sec. 48.161. COMMUNITIES IN SCHOOLS EXPANSION
1266	1266	ALLOTMENT. (a) A school district is eligible to receive an
1267	1267	annual allotment of $50,000 for each campus in the district that
1268	1268	participates in the Communities In Schools program under Subchapter
1269	1269	E, Chapter 33.
1270	1270	(b) The commissioner by rule may establish requirements for
1271	1271	the use of an allotment under this section by a school district to
1272	1272	ensure that the allotment is used to establish or expand a
1273	1273	Communities In Schools program on a district campus.
1274	1274	(c) The amount appropriated for allotments under this
1275	1275	section may not exceed $50 million in a school year. If the total
1276	1276	amount of allotments to which districts are entitled under this
1277	1277	section for a school year exceeds the amount appropriated under
1278	1278	this subsection, the commissioner shall proportionately reduce
1279	1279	each district's allotment under this section.
1280	1280	(d) The commissioner may reduce the amount of a school
1281	1281	district's allotment under this section if the commissioner
1282	1282	determines that the district has not complied with any provision of
1283	1283	this section.
1284	1284	SECTION 2.18. Section 48.202, Education Code, is amended by
1285	1285	amending Subsection (a-1) and adding Subsections (f-1) and (f-2) to
1286	1286	read as follows:
1287	1287	(a-1) For purposes of Subsection (a), the dollar amount
1288	1288	guaranteed level of state and local funds per weighted student per
1289	1289	cent of tax effort ("GL") for a school district is:
1290	1290	(1) the greater of the amount of district tax revenue
1291	1291	per weighted student per cent of tax effort available to a school
1292	1292	district at the 96th percentile of wealth per weighted student or
1293	1293	the amount that results from multiplying the maximum amount of the
1294	1294	basic allotment provided under Section 48.051 for the applicable
1295	1295	school year [6,160, or the greater amount provided under Section
1296	1296	48.051(b), if applicable,] by 0.016, for the first eight cents by
1297	1297	which the district's maintenance and operations tax rate exceeds
1298	1298	the district's tier one tax rate; and
1299	1299	(2) subject to Subsection (f), the amount that results
1300	1300	from multiplying the maximum amount of the basic allotment provided
1301	1301	under Section 48.051 for the applicable school year [$6,160, or the
1302	1302	greater amount provided under Section 48.051(b), if applicable,] by
1303	1303	0.008, for the district's maintenance and operations tax effort
1304	1304	that exceeds the amount of tax effort described by Subdivision (1).
1305	1305	(f-1) Notwithstanding any other provision of this chapter,
1306	1306	Subsection (f) does not apply for the 2023-2024 school year.
1307	1307	(f-2) Subsection (f-1) and this subsection expire September
1308	1308	1, 2025.
1309	1309	SECTION 2.19. Section 48.277(b), Education Code, is amended
1310	1310	to read as follows:
1311	1311	(b) For purposes of calculating maintenance and operations
1312	1312	revenue under Subsection (a), the commissioner shall:
1313	1313	(1) for purposes of Subsections (a)(1) and (2), use
1314	1314	the following applicable school year:
1315	1315	(A) in a school year ending in an even-numbered
1316	1316	year, the 2019-2020 school year; and
1317	1317	(B) in a school year ending in an odd-numbered
1318	1318	year, the 2019-2020 or 2020-2021 school year, whichever is greater;
1319	1319	(2) include all state and local funding, except for
1320	1320	any funding resulting from:
1321	1321	(A) reimbursement for disaster remediation costs
1322	1322	under former Sections 41.0931 and 42.2524;
1323	1323	(B) an adjustment for rapid decline in taxable
1324	1324	value of property under former Section 42.2521;
1325	1325	(C) an adjustment for property value affected by
1326	1326	a state of disaster under former Section 42.2523; [and]
1327	1327	(D) additional state aid under Section 48.307 or
1328	1328	48.308; and
1329	1329	(E) additional state aid for retention stipends
1330	1330	under Section 48.285;
1331	1331	(3) adjust the calculation to reflect a reduction in
1332	1332	tax effort by a school district; and
1333	1333	(4) if a school district or open-enrollment charter
1334	1334	school receives a waiver relating to eligibility requirements for
1335	1335	the national free or reduced-price lunch program under 42 U.S.C.
1336	1336	Section 1751 et seq., use the numbers of educationally
1337	1337	disadvantaged students on which the district's or school's
1338	1338	entitlement to compensatory education funds was based for the
1339	1339	school year before the school year in which the district or school
1340	1340	received the waiver, adjusted for estimated enrollment growth.
1341	1341	SECTION 2.20. Subchapter F, Chapter 48, Education Code, is
1342	1342	amended by adding Sections 48.284 and 48.285 to read as follows:
1343	1343	Sec. 48.284. PROPERTY VALUE STUDY HARDSHIP GRANTS. (a) For
1344	1344	the 2023-2024 and 2024-2025 school years, from money appropriated
1345	1345	for purposes of this section, the commissioner may administer a
1346	1346	grant program to provide grants to eligible school districts to
1347	1347	offset a reduction in the district's funding under the Foundation
1348	1348	School Program resulting from the use of the state value for the
1349	1349	district's taxable value of property as provided by Section
1350	1350	403.302(c), Government Code, for the 2022 and 2023 tax years.
1351	1351	(b) The amount of a grant awarded under this section is the
1352	1352	difference, if that difference is greater than zero, between:
1353	1353	(1) the funding the school district would have
1354	1354	received under Chapter 46, this chapter, and Chapter 49 for the
1355	1355	applicable school year if the local value for the district's
1356	1356	taxable value of property was used for the applicable tax year; and
1357	1357	(2) the funding to which the district is entitled
1358	1358	under Chapter 46, this chapter, and Chapter 49 for the applicable
1359	1359	school year.
1360	1360	(c) An open-enrollment charter school is not eligible to
1361	1361	receive a grant under this section.
1362	1362	(d) Funding provided to a school district under this section
1363	1363	is in addition to all other funding provided under Chapter 46, this
1364	1364	chapter, and Chapter 49.
1365	1365	(e) The commissioner may require a school district to
1366	1366	submit, or request from a state agency or a political subdivision of
1367	1367	this state, additional information as needed to make a
1368	1368	determination under this section.
1369	1369	(f) The total amount of grants awarded under this section
1370	1370	for a school year may not exceed $60 million.
1371	1371	(g) In awarding grants under this section, the commissioner
1372	1372	shall prioritize school districts experiencing the greatest
1373	1373	percentage reduction in funding described by Subsection (a).
1374	1374	(h) The commissioner may not adjust the amount of a grant
1375	1375	awarded under this section based on data revisions received after
1376	1376	the grant has been awarded.
1377	1377	(i) A determination by the commissioner under this section
1378	1378	is final and may not be appealed.
1379	1379	(j) This section expires September 1, 2025.
1380	1380	Sec. 48.285. ADDITIONAL STATE AID FOR RETENTION STIPENDS.
1381	1381	(a) For the 2023-2024 school year, a school district, including a
1382	1382	school district that is otherwise ineligible for state aid under
1383	1383	this chapter, is entitled to state aid in an amount equal to the sum
1384	1384	of:
1385	1385	(1) the product of $4,000 multiplied by the number of
1386	1386	full-time employees subject to the minimum salary schedule under
1387	1387	Section 21.402 employed by the district; and
1388	1388	(2) the product of $2,000 multiplied by the number of
1389	1389	part-time classroom teachers, part-time librarians, part-time
1390	1390	school counselors certified under Subchapter B, Chapter 21, and
1391	1391	part-time school nurses employed by the district.
1392	1392	(b) A school district shall use state aid received under
1393	1393	Subsection (a) to provide a one-time stipend to each employee for
1394	1394	whom the district received state aid in the amount of the state aid
1395	1395	provided under that subsection for that employee.
1396	1396	(c) An open-enrollment charter school is entitled to state
1397	1397	aid under this section in the same manner as a school district and
1398	1398	is required to provide a one-time stipend to each employee in a
1399	1399	comparable role as a school district employee described by
1400	1400	Subsection (a) as if those employees were subject to the minimum
1401	1401	salary schedule under Section 21.402.
1402	1402	(d) A one-time stipend provided to an eligible employee
1403	1403	under this section satisfies the compensation increase required by
1404	1404	Section 48.051.
1405	1405	(e) A determination by the commissioner under this section
1406	1406	is final and may not be appealed.
1407	1407	(f) A school district or an open-enrollment charter school
1408	1408	is not entitled to funding under this section beginning with the
1409	1409	2024-2025 school year.
1410	1410	(g) This section expires September 1, 2025.
1411	1411	SECTION 2.21. Sections 48.111(c), (c-1), and (c-2),
1412	1412	Education Code, are repealed.
1413	1413	SECTION 2.22. Except as otherwise provided by this article,
1414	1414	this article takes effect immediately if this Act receives a vote of
1415	1415	two-thirds of all the members elected to each house, as provided by
1416	1416	Section 39, Article III, Texas Constitution. If this Act does not
1417	1417	receive the vote necessary for immediate effect, the entirety of
1418	1418	this article takes effect on the 91st day after the last day of the
1419	1419	legislative session.
1420	1420	ARTICLE 3. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
1421	1421	2024-2025 SCHOOL YEAR
1422	1422	SECTION 3.01. Section 12.263(b), Education Code, is amended
1423	1423	to read as follows:
1424	1424	(b) For purposes of determining the average daily
1425	1425	attendance of an adult education program operated under a charter
1426	1426	granted under this subchapter, a student is considered to be in
1427	1427	average daily attendance, with a 100 percent attendance rate, for:
1428	1428	(1) all of the instructional days of the school year,
1429	1429	if the student is enrolled for at least 75 percent of the school
1430	1430	year;
1431	1431	(2) three-quarters [half] of the instructional days of
1432	1432	the school year, if the student is enrolled for at least 50 percent
1433	1433	but less than 75 percent of the school year;
1434	1434	(3) half [a quarter] of the instructional days of the
1435	1435	school year, if the student is enrolled for at least 25 percent but
1436	1436	less than 50 percent of the school year; or
1437	1437	(4) a quarter [one-tenth] of the instructional days of
1438	1438	the school year, if the student is enrolled for at least 10 percent
1439	1439	but less than 25 percent of the school year.
1440	1440	SECTION 3.02. Sections 48.0051(a), (b), and (d), Education
1441	1441	Code, are amended to read as follows:
1442	1442	(a) The [Subject to Subsection (a-1), the] commissioner
1443	1443	shall adjust the average daily attendance of a school district or
1444	1444	open-enrollment charter school under Section 48.005 in the manner
1445	1445	provided by Subsection (b) if the district or school:
1446	1446	(1) provides the minimum number of minutes of
1447	1447	operational and instructional time required under Section 25.081
1448	1448	and commissioner rules adopted under that section over at least 175
1449	1449	[180] days of instruction; and
1450	1450	(2) offers an additional 30 days of half-day
1451	1451	instruction for students enrolled in prekindergarten through fifth
1452	1452	grade.
1453	1453	(b) For a school district or open-enrollment charter school
1454	1454	described by Subsection (a), the commissioner shall increase the
1455	1455	average daily attendance of the district or school under Section
1456	1456	48.005 by the amount that results from the quotient of the sum of
1457	1457	attendance by students described by Subsection (a)(2) for each of
1458	1458	the 30 additional instructional days of half-day instruction that
1459	1459	are provided divided by 175 [180].
1460	1460	(d) This section does not prohibit a school district from
1461	1461	providing the minimum number of minutes of operational and
1462	1462	instructional time required under Section 25.081 and commissioner
1463	1463	rules adopted under that section over fewer than 175 [180] days of
1464	1464	instruction.
1465	1465	SECTION 3.03. Section 48.051(a), Education Code, is amended
1466	1466	to read as follows:
1467	1467	(a) For each student in average daily attendance, not
1468	1468	including the time students spend each day in special education
1469	1469	programs in a setting [an instructional arrangement] other than a
1470	1470	general education setting [mainstream] or career and technology
1471	1471	education programs, for which an additional allotment is made under
1472	1472	Subchapter C, a district is entitled to an allotment equal to [the
1473	1473	lesser of $6,160 or] the amount that results from the following
1474	1474	formula:
1475	1475	A = B [$6,160] X TR/MCR
1476	1476	where:
1477	1477	"A" is the allotment to which a district is entitled;
1478	1478	"B" is the base amount, which equals the greater of:
1479	1479	(1) $6,500;
1480	1480	(2) an amount equal to the district's base amount under
1481	1481	this section for the preceding school year; or
1482	1482	(3) the amount appropriated under Subsection (b);
1483	1483	"TR" is the district's tier one maintenance and operations
1484	1484	tax rate, as provided by Section 45.0032; and
1485	1485	"MCR" is the district's maximum compressed tax rate, as
1486	1486	determined under Section 48.2551.
1487	1487	SECTION 3.04. Effective September 1, 2026, Section 48.051,
1488	1488	Education Code, is amended by adding Subsection (a-1) to read as
1489	1489	follows:
1490	1490	(a-1) Notwithstanding Subsection (a), for the second year
1491	1491	of each state fiscal biennium, the commissioner shall adjust the
1492	1492	value of "B" under that subsection for the preceding state fiscal
1493	1493	year by a factor equal to the average annual percentage increase, if
1494	1494	any, in the Texas Consumer Price Index for the preceding 10 years.
1495	1495	SECTION 3.05. Section 48.101, Education Code, is amended to
1496	1496	read as follows:
1497	1497	Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
1498	1498	Small and mid-sized districts are entitled to an annual allotment
1499	1499	in accordance with this section. In this section:
1500	1500	(1) "AA" is the district's annual allotment per
1501	1501	student in average daily attendance;
1502	1502	(2) "ADA" is the number of students in average daily
1503	1503	attendance for which the district is entitled to an allotment under
1504	1504	Section 48.051, other than students in average daily attendance who
1505	1505	do not reside in the district and are enrolled in a full-time
1506	1506	virtual program; and
1507	1507	(3) "BA" is the basic allotment determined under
1508	1508	Section 48.051.
1509	1509	(b) A school district that has fewer than 1,600 students in
1510	1510	average daily attendance is entitled to an annual allotment for
1511	1511	each student in average daily attendance based on the following
1512	1512	formula:
1513	1513	AA = ((1,600 - ADA) X .00044 [.0004]) X BA
1514	1514	(c) A school district that offers a kindergarten through
1515	1515	grade 12 program and has less than 5,000 students in average daily
1516	1516	attendance is entitled to an annual allotment for each student in
1517	1517	average daily attendance based on the formula, of the following
1518	1518	formulas, that results in the greatest annual allotment:
1519	1519	(1) the formula in Subsection (b), if the district is
1520	1520	eligible for that formula; or
1521	1521	(2) AA = ((5,000 - ADA) X .000034 [.000025]) X BA.
1522	1522	(d) Instead of the allotment under Subsection (b) or (c)(1),
1523	1523	a school district that has fewer than 300 students in average daily
1524	1524	attendance and is the only school district located in and operating
1525	1525	in a county is entitled to an annual allotment for each student in
1526	1526	average daily attendance based on the following formula:
1527	1527	AA = ((1,600 - ADA) X .00054 [.00047]) X BA
1528	1528	SECTION 3.06. Section 48.102, Education Code, is amended to
1529	1529	read as follows:
1530	1530	Sec. 48.102. SPECIAL EDUCATION. (a) For each enrolled
1531	1531	student [in average daily attendance] in a special education
1532	1532	program under Subchapter A, Chapter 29, [in a mainstream
1533	1533	instructional arrangement,] a school district is entitled to an
1534	1534	annual allotment equal to the basic allotment, or, if applicable,
1535	1535	the sum of the basic allotment and the allotment under Section
1536	1536	48.101 to which the district is entitled, multiplied by a weight in
1537	1537	an amount set by the legislature in the General Appropriations Act
1538	1538	for the highest tier of intensity of service for which the student
1539	1539	qualifies [1.15]. [For each full-time equivalent student in
1540	1540	average daily attendance in a special education program under
1541	1541	Subchapter A, Chapter 29, in an instructional arrangement other
1542	1542	than a mainstream instructional arrangement, a district is entitled
1543	1543	to an annual allotment equal to the basic allotment, or, if
1544	1544	applicable, the sum of the basic allotment and the allotment under
1545	1545	Section 48.101 to which the district is entitled, multiplied by a
1546	1546	weight determined according to instructional arrangement as
1547	1547	follows:
1548	1548	[Homebound 5.0
1549	1549	[Hospital class 3.0
1550	1550	[Speech therapy 5.0
1551	1551	[Resource room 3.0
1552	1552	[Self-contained, mild and moderate,
1553	1553	regular campus 3.0
1554	1554	[Self-contained, severe, regular campus 3.0
1555	1555	[Off home campus 2.7
1556	1556	[Nonpublic day school 1.7
1557	1557	[Vocational adjustment class 2.3]
1558	1558	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1559	1559	2025-2026 school years, the amount of an allotment under this
1560	1560	section shall be determined in accordance with Section 48.1023.
1561	1561	This subsection expires September 1, 2026.
1562	1562	(b) The commissioner by rule shall define seven tiers of
1563	1563	intensity of service for use in determining funding under this
1564	1564	section. The commissioner must include one tier specifically
1565	1565	addressing students receiving special education services in
1566	1566	residential placement [A special instructional arrangement for
1567	1567	students with disabilities residing in care and treatment
1568	1568	facilities, other than state schools, whose parents or guardians do
1569	1569	not reside in the district providing education services shall be
1570	1570	established by commissioner rule. The funding weight for this
1571	1571	arrangement shall be 4.0 for those students who receive their
1572	1572	education service on a local school district campus. A special
1573	1573	instructional arrangement for students with disabilities residing
1574	1574	in state schools shall be established by commissioner rule with a
1575	1575	funding weight of 2.8].
1576	1576	(c) [For funding purposes, the number of contact hours
1577	1577	credited per day for each student in the off home campus
1578	1578	instructional arrangement may not exceed the contact hours credited
1579	1579	per day for the multidistrict class instructional arrangement in
1580	1580	the 1992-1993 school year.
1581	1581	[(d) For funding purposes the contact hours credited per day
1582	1582	for each student in the resource room; self-contained, mild and
1583	1583	moderate; and self-contained, severe, instructional arrangements
1584	1584	may not exceed the average of the statewide total contact hours
1585	1585	credited per day for those three instructional arrangements in the
1586	1586	1992-1993 school year.
1587	1587	[(e) The commissioner by rule shall prescribe the
1588	1588	qualifications an instructional arrangement must meet in order to
1589	1589	be funded as a particular instructional arrangement under this
1590	1590	section. In prescribing the qualifications that a mainstream
1591	1591	instructional arrangement must meet, the commissioner shall
1592	1592	establish requirements that students with disabilities and their
1593	1593	teachers receive the direct, indirect, and support services that
1594	1594	are necessary to enrich the regular classroom and enable student
1595	1595	success.
1596	1596	[(f) In this section, "full-time equivalent student" means
1597	1597	30 hours of contact a week between a special education student and
1598	1598	special education program personnel.
1599	1599	[(g)] The commissioner shall adopt rules and procedures
1600	1600	governing contracts for residential and day program placement of
1601	1601	[special education] students receiving special education services.
1602	1602	(d) [The legislature shall provide by appropriation for the
1603	1603	state's share of the costs of those placements.
1604	1604	[(h)] At least 55 percent of the funds allocated under this
1605	1605	section must be used in the special education program under
1606	1606	Subchapter A, Chapter 29.
1607	1607	(e) [(i)] The agency shall ensure [encourage] the placement
1608	1608	of students in special education programs, including students in
1609	1609	residential placement [instructional arrangements], in the least
1610	1610	restrictive environment appropriate for their educational needs.
1611	1611	(f) [(j)] A school district that provides an extended year
1612	1612	program required by federal law for special education students who
1613	1613	may regress is entitled to receive funds in an amount equal to 75
1614	1614	percent, or a lesser percentage determined by the commissioner, of
1615	1615	the basic allotment, or, if applicable, the sum of the basic
1616	1616	allotment and the allotment under Section 48.101 to which the
1617	1617	district is entitled for each [full-time equivalent] student in
1618	1618	average enrollment [daily attendance], multiplied by the amount
1619	1619	designated for the highest tier of intensity of service for which
1620	1620	the student qualifies [student's instructional arrangement] under
1621	1621	this section, for each day the program is provided divided by the
1622	1622	number of days in the minimum school year. The total amount of
1623	1623	state funding for extended year services under this section may not
1624	1624	exceed $10 million per year. A school district may use funds
1625	1625	received under this section only in providing an extended year
1626	1626	program.
1627	1627	(g) [(k)] From the total amount of funds appropriated for
1628	1628	special education under this section, the commissioner shall
1629	1629	withhold an amount specified in the General Appropriations Act, and
1630	1630	distribute that amount to school districts for programs under
1631	1631	Section 29.014. The program established under that section is
1632	1632	required only in school districts in which the program is financed
1633	1633	by funds distributed under this subsection and any other funds
1634	1634	available for the program. After deducting the amount withheld
1635	1635	under this subsection from the total amount appropriated for
1636	1636	special education, the commissioner shall reduce each district's
1637	1637	allotment proportionately and shall allocate funds to each district
1638	1638	accordingly.
1639	1639	(h) Not later than December 1 of each even-numbered year,
1640	1640	the commissioner shall submit to the Legislative Budget Board, for
1641	1641	purposes of the allotment under this section, proposed weights for
1642	1642	the tiers of intensity of service for the next state fiscal
1643	1643	biennium.
1644	1644	SECTION 3.07. Subchapter C, Chapter 48, Education Code, is
1645	1645	amended by adding Sections 48.1021 and 48.1023 to read as follows:
1646	1646	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
1647	1647	(a) For each six-week period in which a student in a special
1648	1648	education program under Subchapter A, Chapter 29, receives eligible
1649	1649	special education services, a school district is entitled to an
1650	1650	allotment in an amount set by the legislature in the General
1651	1651	Appropriations Act for the service group for which the student is
1652	1652	eligible.
1653	1653	(a-1) Notwithstanding Subsection (a), for the 2024-2025 and
1654	1654	2025-2026 school years, the amount of an allotment under this
1655	1655	section shall be determined in accordance with Section 48.1023.
1656	1656	This subsection expires September 1, 2026.
1657	1657	(b) The commissioner by rule shall establish four service
1658	1658	groups for use in determining funding under this section. In
1659	1659	establishing the groups, the commissioner must consider the level
1660	1660	of services, equipment, and technology required to meet the needs
1661	1661	of students receiving special education services.
1662	1662	(c) A school district is entitled to receive an allotment
1663	1663	under this section for each service group for which a student is
1664	1664	eligible.
1665	1665	(d) A school district is entitled to the full amount of an
1666	1666	allotment under this section for a student receiving eligible
1667	1667	special education services during any part of a six-week period.
1668	1668	(e) At least 55 percent of the funds allocated under this
1669	1669	section must be used for a special education program under
1670	1670	Subchapter A, Chapter 29.
1671	1671	(f) Not later than December 1 of each even-numbered year,
1672	1672	the commissioner shall submit to the Legislative Budget Board, for
1673	1673	purposes of the allotment under this section, proposed amounts of
1674	1674	funding for the service groups for the next state fiscal biennium.
1675	1675	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
1676	1676	For the 2024-2025 and 2025-2026 school years, the commissioner may
1677	1677	adjust weights or amounts provided under Section 48.102 or 48.1021
1678	1678	as necessary to ensure compliance with requirements regarding
1679	1679	maintenance of state financial support under 20 U.S.C. Section
1680	1680	1412(a)(18) and maintenance of local financial support under
1681	1681	applicable federal law.
1682	1682	(b) For the 2024-2025 and 2025-2026 school years, the
1683	1683	commissioner shall determine the formulas through which school
1684	1684	districts receive funding under Sections 48.102 and 48.1021. In
1685	1685	determining the formulas, the commissioner may combine the methods
1686	1686	of funding under those sections with the method of funding provided
1687	1687	by Section 48.102, as it existed on September 1, 2023.
1688	1688	(c) For the 2026-2027 school year, the commissioner may
1689	1689	adjust the weights or amounts set by the legislature in the General
1690	1690	Appropriations Act for purposes of Section 48.102 or 48.1021.
1691	1691	Before making an adjustment under this subsection, the commissioner
1692	1692	shall notify and must receive approval from the Legislative Budget
1693	1693	Board.
1694	1694	(d) Notwithstanding any other provision of this section,
1695	1695	the sum of funding provided under Sections 48.102 and 48.1021 for
1696	1696	the 2024-2025 or for the 2025-2026 school year as adjusted under
1697	1697	this section may not exceed the sum of:
1698	1698	(1) funding that would have been provided under
1699	1699	Section 48.102, as it existed on September 1, 2023; and
1700	1700	(2) the amount set by the legislature in the General
1701	1701	Appropriations Act.
1702	1702	(e) Each school district and open-enrollment charter school
1703	1703	shall report to the agency information necessary to implement this
1704	1704	section.
1705	1705	(f) The agency shall provide technical assistance to school
1706	1706	districts and open-enrollment charter schools to ensure a
1707	1707	successful transition in funding formulas for special education.
1708	1708	(g) This section expires September 1, 2028.
1709	1709	SECTION 3.08. Section 48.103(c), Education Code, is amended
1710	1710	to read as follows:
1711	1711	(c) A school district may receive funding for a student
1712	1712	under each provision of this section, [and] Section 48.102, and
1713	1713	Section 48.1021 for which [if] the student qualifies [satisfies the
1714	1714	requirements of both sections].
1715	1715	SECTION 3.09. Sections 48.104(a), (d), and (e), Education
1716	1716	Code, are amended to read as follows:
1717	1717	(a) For each student who does not have a disability and
1718	1718	resides in a residential placement facility in a district in which
1719	1719	the student's parent or legal guardian does not reside, a district
1720	1720	is entitled to an annual allotment equal to the basic allotment
1721	1721	multiplied by 0.2 or, if the student is educationally
1722	1722	disadvantaged, 0.28 [0.275]. For each full-time equivalent student
1723	1723	who is in a remedial and support program under Section 29.081
1724	1724	because the student is pregnant, a district is entitled to an annual
1725	1725	allotment equal to the basic allotment multiplied by 2.41.
1726	1726	(d) The weights assigned to the five tiers of the index
1727	1727	established under Subsection (c) are, from least to most severe
1728	1728	economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255
1729	1729	[0.25], 0.2675 [0.2625], and 0.28 [0.275].
1730	1730	(e) If insufficient data is available for any school year to
1731	1731	evaluate the level of economic disadvantage in a census block
1732	1732	group, a school district is entitled to an annual allotment equal to
1733	1733	the basic allotment multiplied by 0.23 [0.225] for each student who
1734	1734	is educationally disadvantaged and resides in that census block
1735	1735	group.
1736	1736	SECTION 3.10. Section 48.108, Education Code, is amended by
1737	1737	adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as
1738	1738	follows:
1739	1739	(a-1) In addition to the allotment under Subsection (a) and
1740	1740	subject to Subsection (a-2), a school district is entitled to an
1741	1741	annual allotment equal to the basic allotment multiplied by 0.2 for
1742	1742	each student in average daily attendance enrolled in a
1743	1743	prekindergarten class provided through a contract with a
1744	1744	community-based child-care provider under Section 29.153.
1745	1745	(a-2) The total number of students in average daily
1746	1746	attendance statewide for whom an allotment may be provided under
1747	1747	Subsection (a-1) for a school year may not exceed 10,000 students in
1748	1748	average daily attendance. If the number of students in average
1749	1749	daily attendance for whom a school district is entitled to an
1750	1750	allotment under this section exceeds the maximum number provided by
1751	1751	this subsection, the commissioner shall allocate the allotments to
1752	1752	school districts under this section in accordance with commissioner
1753	1753	rule.
1754	1754	(a-3) Notwithstanding Subsection (a-2), the maximum number
1755	1755	of students in average daily attendance statewide for whom an
1756	1756	allotment may be provided under Subsection (a-1) for a school year
1757	1757	is:
1758	1758	(1) for the 2024-2025 school year, 2,000 students;
1759	1759	(2) for the 2025-2026 school year, 4,500 students; and
1760	1760	(3) for the 2026-2027 school year, 7,000 students.
1761	1761	(a-4) Subsection (a-3) and this subsection expire September
1762	1762	1, 2027.
1763	1763	SECTION 3.11. Section 48.114, Education Code, is amended by
1764	1764	amending Subsection (a) and adding Subsection (d) to read as
1765	1765	follows:
1766	1766	(a) A school district [that has implemented a mentoring
1767	1767	program for classroom teachers who have less than two years of
1768	1768	teaching experience under Section 21.458] is entitled to an
1769	1769	allotment [as determined under Subsection (b)] to fund a [the]
1770	1770	mentoring program and to provide stipends for mentor teachers if:
1771	1771	(1) the district has implemented a mentoring program
1772	1772	for classroom teachers under Section 21.458; and
1773	1773	(2) the mentor teachers assigned under that program
1774	1774	complete a training program that is required or developed by the
1775	1775	agency for mentor teachers.
1776	1776	(d) A school district is entitled to an allotment of $2,000
1777	1777	for each classroom teacher with less than two years of experience
1778	1778	who participates in a mentoring program described by Subsection
1779	1779	(a). A district may receive an allotment under this section for no
1780	1780	more than 40 teachers during a school year unless an appropriation
1781	1781	is made for the purposes of providing a greater number of allotments
1782	1782	per district.
1783	1783	SECTION 3.12. Section 48.115(a), Education Code, is amended
1784	1784	to read as follows:
1785	1785	(a) Except as provided by Subsection (a-1), a school
1786	1786	district is entitled to an annual allotment equal to the greater of
1787	1787	[sum of the following amounts or a greater amount provided by
1788	1788	appropriation]:
1789	1789	(1) [$10 for each student in average daily attendance,
1790	1790	plus $1 for each student in average daily attendance per every $50
1791	1791	by which] the [district's maximum] basic allotment multiplied by
1792	1792	0.01 for each student in average daily attendance [under Section
1793	1793	48.051 exceeds $6,160, prorated as necessary]; and
1794	1794	(2) the following amount, as applicable, [$15,000] per
1795	1795	campus:
1796	1796	(A) $50,000 for each campus with 500 or fewer
1797	1797	enrolled students;
1798	1798	(B) $100,000 for each campus with 501 to 1,000
1799	1799	enrolled students;
1800	1800	(C) $150,000 for each campus with 1,001 to 1,500
1801	1801	enrolled students;
1802	1802	(D) $175,000 for each campus with 1,501 to 2,000
1803	1803	enrolled students; and
1804	1804	(E) $200,000 for each campus with more than 2,000
1805	1805	enrolled students.
1806	1806	SECTION `1. Subchapter C, Chapter 48, Education Code, is
1807	1807	amended by adding Section 48.120 to read as follows:
1808	1808	Sec. 48.120. MILITARY TRANSITION AID. (a) A school
1809	1809	district is entitled to an annual allotment equal to the basic
1810	1810	allotment multiplied by 0.08 for each eligible student in average
1811	1811	daily attendance.
1812	1812	(b) A student is eligible for purposes of Subsection (a) if
1813	1813	the student:
1814	1814	(1) is a military-connected student, as defined by
1815	1815	Section 25.006; and
1816	1816	(2) is in the student's first year of enrollment in the
1817	1817	school district.
1818	1818	(c) Funds allocated under this section may be used only to
1819	1819	maintain a transition program that assists military families with
1820	1820	relocation, enrollment, registration, records transfer, academic
1821	1821	planning, counseling, and other support services available at a
1822	1822	Purple Star Campus, as described by Section 33.909.
1823	1823	SECTION 3.14. Section 48.257, Education Code, is amended by
1824	1824	amending Subsection (a) and adding Subsection (b-1) to read as
1825	1825	follows:
1826	1826	(a) Subject to Subsection (b) and except as provided by
1827	1827	Subsection (b-1), if a school district's tier one local share under
1828	1828	Section 48.256 exceeds the district's entitlement under Section
1829	1829	48.266(a)(1) less the district's distribution from the state
1830	1830	available school fund, the district must reduce the district's tier
1831	1831	one revenue level in accordance with Chapter 49 to a level not to
1832	1832	exceed the district's entitlement under Section 48.266(a)(1) less
1833	1833	the district's distribution from the state available school fund.
1834	1834	(b-1) This subsection applies only to a school district to
1835	1835	which Subsection (a) applies, that received an allotment under
1836	1836	Section 48.277 for the 2023-2024 school year, and that adopts a
1837	1837	maintenance and operations tax rate for the current school year
1838	1838	equal to or greater than the sum of the district's maximum
1839	1839	compressed tax rate, as determined under Section 48.2551, and four
1840	1840	cents. Notwithstanding Subsection (a), if, after reducing the tier
1841	1841	one revenue level of a school district to which this subsection
1842	1842	applies as required under Subsection (a), the maintenance and
1843	1843	operations revenue per student in average daily attendance of the
1844	1844	district for a school year would be less than the maintenance and
1845	1845	operations revenue per student in average daily attendance
1846	1846	available to the district for the 2023-2024 school year, excluding
1847	1847	any funding provided to the district under Sections 48.279 and
1848	1848	48.281, the agency shall adjust the amount of the reduction
1849	1849	required in the district's tier one revenue level under Subsection
1850	1850	(a) up to the amount of local funds necessary to provide the
1851	1851	district with the amount of maintenance and operations revenue per
1852	1852	student in average daily attendance available to the district for
1853	1853	the 2023-2024 school year.
1854	1854	SECTION 3.15. Subchapter F, Chapter 48, Education Code, is
1855	1855	amended by adding Section 48.286 to read as follows:
1856	1856	Sec. 48.286. REGIONAL DISASTER INSURANCE VARIATION
1857	1857	ALLOTMENT. (a) A school district is entitled to an annual
1858	1858	allotment for each student in average daily attendance equal to the
1859	1859	basic allotment, or, if applicable, the sum of the basic allotment
1860	1860	and the allotment under Section 48.101 to which the district is
1861	1861	entitled, multiplied by the product, if the product is greater than
1862	1862	zero, of the district's variation factor as determined under
1863	1863	Subsection (b) and .012.
1864	1864	(b) The commissioner shall determine a school district's
1865	1865	variation factor by:
1866	1866	(1) assigning each school district to the county in
1867	1867	which the district's central administrative office is located;
1868	1868	(2) determining the percentage spent on expenses
1869	1869	related to property and casualty insurance by calculating the
1870	1870	average of the quotient of property and casualty insurance expenses
1871	1871	incurred by all districts assigned to a county under Subdivision
1872	1872	(1) divided by total expenditures made by those districts for each
1873	1873	of the three most recent school years; and
1874	1874	(3) subtracting one percentage point from the
1875	1875	percentage determined under Subdivision (2).
1876	1876	(c) The commissioner shall use the variation factor
1877	1877	determined under Subsection (b) for the 2023-2024 school year for a
1878	1878	school district for purposes of determining a school district's
1879	1879	allotment under Subsection (a) for any subsequent school year.
1880	1880	SECTION 3.16. Subchapter G, Chapter 48, Education Code, is
1881	1881	amended by adding Sections 48.304 and 48.306 to read as follows:
1882	1882	Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
1883	1883	qualifying day placement program that a regional education service
1884	1884	center makes available in partnership with a school district,
1885	1885	open-enrollment charter school, or shared services arrangement,
1886	1886	the center is entitled to an allotment of:
1887	1887	(1) $250,000 for the first year of the program's
1888	1888	operation; and
1889	1889	(2) $150,000 for each year of the program's operation
1890	1890	after the first year.
1891	1891	(b) A day placement program qualifies for purposes of
1892	1892	Subsection (a) if:
1893	1893	(1) the program complies with commissioner rules
1894	1894	adopted under Section 48.102(c);
1895	1895	(2) the program offers services to students who are
1896	1896	enrolled at any school district or open-enrollment charter school
1897	1897	in the county in which the program is offered, unless the
1898	1898	commissioner by rule waives or modifies the requirement under this
1899	1899	subdivision for the program to serve all students in a county; and
1900	1900	(3) the agency has designated the program for service
1901	1901	in the county in which the program is offered and determined that,
1902	1902	at the time of designation, the program increases the availability
1903	1903	of day placement services in the county.
1904	1904	Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
1905	1905	RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
1906	1906	the agency awards a grant under Subchapter A-1, Chapter 29, is
1907	1907	entitled to receive an amount of $1,500 or a greater amount provided
1908	1908	by appropriation.
1909	1909	(b) The legislature shall include in the appropriations for
1910	1910	the Foundation School Program state aid sufficient for the agency
1911	1911	to award grants under Subchapter A-1, Chapter 29, in the amount
1912	1912	provided by this section.
1913	1913	(c) A student may receive one grant under Subchapter A-1,
1914	1914	Chapter 29, unless the legislature appropriates money for an
1915	1915	additional grant in the General Appropriations Act.
1916	1916	(d) A determination of the commissioner under this section
1917	1917	is final and may not be appealed.
1918	1918	SECTION 3.17. Effective January 1, 2024, Section 26.08(n),
1919	1919	Tax Code, is amended to read as follows:
1920	1920	(n) For purposes of this section, the voter-approval tax
1921	1921	rate of a school district is the sum of the following:
1922	1922	(1) the rate per $100 of taxable value that is equal to
1923	1923	the district's maximum compressed tax rate, as determined under
1924	1924	Section 48.2551, Education Code, for the current year;
1925	1925	(2) the greater of:
1926	1926	(A) the district's enrichment tax rate for the
1927	1927	preceding tax year, less any amount by which the district is
1928	1928	required to reduce the district's enrichment tax rate under Section
1929	1929	48.202(f), Education Code, in the current tax year; or
1930	1930	(B) the rate of $0.06 [$0.05] per $100 of taxable
1931	1931	value; and
1932	1932	(3) the district's current debt rate.
1933	1933	SECTION 3.18. Except as otherwise provided by this article,
1934	1934	this article takes effect September 1, 2024.
1935	1935	ARTICLE 4. CHANGES RELATED TO SPECIAL EDUCATION EFFECTIVE FOR
1936	1936	2024-2025 SCHOOL YEAR
1937	1937	SECTION 4.01. Section 29.001, Education Code, is amended to
1938	1938	read as follows:
1939	1939	Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
1940	1940	LAW [STATEWIDE PLAN]. (a) As the state education agency
1941	1941	responsible for carrying out the purposes of Part B, Individuals
1942	1942	with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et
1943	1943	seq.), the [The] agency shall develop, and revise [modify] as
1944	1944	necessary, a comprehensive system to ensure statewide and local
1945	1945	compliance [design, consistent] with federal and state law related
1946	1946	to special education[, for the delivery of services to children
1947	1947	with disabilities in this state that includes rules for the
1948	1948	administration and funding of the special education program so that
1949	1949	a free appropriate public education is available to all of those
1950	1950	children between the ages of three and 21].
1951	1951	(b) The comprehensive system [statewide design] shall
1952	1952	include the provision of services primarily through school
1953	1953	districts and shared services arrangements, supplemented by
1954	1954	regional education service centers.
1955	1955	(c) The comprehensive system [agency] shall focus on
1956	1956	maximizing student outcomes and include [also develop and implement
1957	1957	a statewide plan with programmatic content that includes procedures
1958	1958	designed to]:
1959	1959	(1) rulemaking, technical assistance, guidance
1960	1960	documents, monitoring protocols, and other resources as necessary
1961	1961	to implement and ensure compliance with federal and state law
1962	1962	related to special education [ensure state compliance with
1963	1963	requirements for supplemental federal funding for all
1964	1964	state-administered programs involving the delivery of
1965	1965	instructional or related services to students with disabilities];
1966	1966	(2) the facilitation of [facilitate] interagency
1967	1967	coordination when other state agencies are involved in the delivery
1968	1968	of instructional or related services to students with disabilities;
1969	1969	(3) the pursuit of [periodically assess statewide
1970	1970	personnel needs in all areas of specialization related to special
1971	1971	education and pursue] strategies to meet statewide special
1972	1972	education and related services personnel [those] needs [through a
1973	1973	consortium of representatives from regional education service
1974	1974	centers, local education agencies, and institutions of higher
1975	1975	education and through other available alternatives];
1976	1976	(4) ensuring [ensure] that regional education service
1977	1977	centers throughout the state maintain a regional support function,
1978	1978	which may include direct service delivery and a component designed
1979	1979	to facilitate the placement of students with disabilities who
1980	1980	cannot be appropriately served in their resident districts;
1981	1981	(5) [allow the agency to] effectively monitoring
1982	1982	[monitor] and periodically conducting [conduct] site visits of all
1983	1983	school districts to ensure that rules adopted under this subchapter
1984	1984	[section] are applied in a consistent and uniform manner, to ensure
1985	1985	that districts are complying with those rules, and to ensure that
1986	1986	annual statistical reports filed by the districts and not otherwise
1987	1987	available through the Public Education Information Management
1988	1988	System under Sections 48.008 and 48.009 are accurate and complete;
1989	1989	and
1990	1990	(6) the provision of training and technical assistance
1991	1991	to ensure that:
1992	1992	(A) appropriately trained personnel are involved
1993	1993	in the diagnostic and evaluative procedures operating in all
1994	1994	districts and that those personnel routinely serve on district
1995	1995	admissions, review, and dismissal committees;
1996	1996	(B) [(7) ensure that] an individualized
1997	1997	education program for each student with a disability is properly
1998	1998	developed, implemented, and maintained in the least restrictive
1999	1999	environment that is appropriate to meet the student's educational
2000	2000	needs;
2001	2001	(C) [(8) ensure that,] when appropriate, each
2002	2002	student with a disability is provided an opportunity to participate
2003	2003	in career and technology and physical education classes[, in
2004	2004	addition to participating in regular or special classes];
2005	2005	(D) [(9) ensure that] each student with a
2006	2006	disability is provided necessary related services;
2007	2007	(E) [(10) ensure that] an individual assigned
2008	2008	to act as a surrogate parent for a child with a disability, as
2009	2009	provided by 20 U.S.C. Section 1415(b), is required to:
2010	2010	(i) [(A)] complete a training program that
2011	2011	complies with minimum standards established by agency rule;
2012	2012	(ii) [(B)] visit the child and the child's
2013	2013	school;
2014	2014	(iii) [(C)] consult with persons involved
2015	2015	in the child's education, including teachers, caseworkers,
2016	2016	court-appointed volunteers, guardians ad litem, attorneys ad
2017	2017	litem, foster parents, and caretakers;
2018	2018	(iv) [(D)] review the child's educational
2019	2019	records;
2020	2020	(v) [(E)] attend meetings of the child's
2021	2021	admission, review, and dismissal committee;
2022	2022	(vi) [(F)] exercise independent judgment
2023	2023	in pursuing the child's interests; and
2024	2024	(vii) [(G)] exercise the child's due
2025	2025	process rights under applicable state and federal law; and
2026	2026	(F) [(11) ensure that] each district develops a
2027	2027	process to be used by a teacher who instructs a student with a
2028	2028	disability in a regular classroom setting:
2029	2029	(i) [(A)] to request a review of the
2030	2030	student's individualized education program;
2031	2031	(ii) [(B)] to provide input in the
2032	2032	development of the student's individualized education program;
2033	2033	(iii) [(C)] that provides for a timely
2034	2034	district response to the teacher's request; and
2035	2035	(iv) [(D)] that provides for notification
2036	2036	to the student's parent or legal guardian of that response.
2037	2037	SECTION 4.02. Subchapter A, Chapter 29, Education Code, is
2038	2038	amended by adding Section 29.0012 to read as follows:
2039	2039	Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
2040	2040	least once each year, the board of trustees of a school district or
2041	2041	the governing body of an open-enrollment charter school shall
2042	2042	include during a public meeting a discussion of the performance of
2043	2043	students receiving special education services at the district or
2044	2044	school.
2045	2045	(b) The agency by rule shall adopt a set of performance
2046	2046	indicators for measuring and evaluating the quality of learning and
2047	2047	achievement for students receiving special education services at
2048	2048	the school district or open-enrollment charter school to be
2049	2049	considered at a meeting held under this section. The indicators
2050	2050	must include performance on the college, career, or military
2051	2051	readiness outcomes described by Section 48.110.
2052	2052	SECTION 4.03. Section 29.003, Education Code, is amended to
2053	2053	read as follows:
2054	2054	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
2055	2055	develop specific eligibility criteria based on the general
2056	2056	classifications established by this section and in accordance with
2057	2057	federal law [with reference to contemporary diagnostic or
2058	2058	evaluative terminologies and techniques]. Eligible students with
2059	2059	disabilities shall enjoy the right to a free appropriate public
2060	2060	education, which may include instruction in the regular classroom,
2061	2061	instruction through special teaching, or instruction through
2062	2062	contracts approved under this subchapter. Instruction shall be
2063	2063	supplemented by the provision of related services when appropriate.
2064	2064	(b) A student is eligible to participate in a school
2065	2065	district's special education program [if the student]:
2066	2066	(1) from birth through [is not more than] 21 years of
2067	2067	age if the student [and] has a visual [or auditory] impairment or is
2068	2068	deaf or hard of hearing and that disability prevents the student
2069	2069	from being adequately or safely educated in public school without
2070	2070	the provision of special education services; [or]
2071	2071	(2) from three years of age through five years of age
2072	2072	if the student is experiencing developmental delays as described by
2073	2073	20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
2074	2074	(3) from 3 years of age through [is at least three but
2075	2075	not more than] 21 years of age if the student [and] has one or more
2076	2076	of the [following] disabilities described by 20 U.S.C. Section
2077	2077	1401(3)(A) and that disability prevents the student from being
2078	2078	adequately or safely educated in public school without the
2079	2079	provision of special education services[:
2080	2080	[(A) physical disability;
2081	2081	[(B) intellectual or developmental disability;
2082	2082	[(C) emotional disturbance;
2083	2083	[(D) learning disability;
2084	2084	[(E) autism;
2085	2085	[(F) speech disability; or
2086	2086	[(G) traumatic brain injury].
2087	2087	SECTION 4.04. Subchapter A, Chapter 29, Education Code, is
2088	2088	amended by adding Section 29.0056 to read as follows:
2089	2089	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
2090	2090	CENTERS. (a) In this section, "state supported living center" has
2091	2091	the meaning assigned by Section 531.002, Health and Safety Code.
2092	2092	(b) The Health and Human Services Commission, in
2093	2093	collaboration with the agency and stakeholders who represent the
2094	2094	full continuum of educational residential placement options, shall
2095	2095	develop and provide to the agency materials regarding educational
2096	2096	residential placement options for children who may qualify for
2097	2097	placement in a state supported living center. The agency shall make
2098	2098	the materials developed under this subsection available to school
2099	2099	districts.
2100	2100	(c) At a meeting of a child's admission, review, and
2101	2101	dismissal committee at which residential placement is discussed,
2102	2102	the school district shall provide to the child's parent the
2103	2103	materials developed under Subsection (b).
2104	2104	SECTION 4.05. Section 29.008, Education Code, is amended by
2105	2105	amending Subsections (a) and (b) and adding Subsection (a-1) to
2106	2106	read as follows:
2107	2107	(a) The commissioner shall establish a list of approved
2108	2108	public or private facilities, institutions, or agencies inside or
2109	2109	outside of this state that a [A] school district, shared services
2110	2110	arrangement unit, or regional education service center may contract
2111	2111	with [a public or private facility, institution, or agency inside
2112	2112	or outside of this state] for the provision of services to students
2113	2113	with disabilities in a residential placement. The commissioner may
2114	2114	approve either the whole or a part of a facility or program.
2115	2115	(a-1) Each contract described by this section [for
2116	2116	residential placement] must be approved by the commissioner. The
2117	2117	commissioner may approve a [residential placement] contract under
2118	2118	this section only after at least a programmatic evaluation of
2119	2119	personnel qualifications, costs, adequacy of physical plant and
2120	2120	equipment, and curriculum content. [The commissioner may approve
2121	2121	either the whole or a part of a facility or program.]
2122	2122	(b) Except as provided by Subsection (c), costs of an
2123	2123	approved contract for residential placement may be paid from a
2124	2124	combination of federal, state, and local funds. The local share of
2125	2125	the total contract cost for each student is that portion of the
2126	2126	local tax effort that exceeds the district's local fund assignment
2127	2127	under Section 48.256, divided by the average daily attendance in
2128	2128	the district. If the contract involves a private facility, the
2129	2129	state share of the total contract cost is that amount remaining
2130	2130	after subtracting the local share. If the contract involves a
2131	2131	public facility, the state share is that amount remaining after
2132	2132	subtracting the local share from the portion of the contract that
2133	2133	involves the costs of instructional and related services. For
2134	2134	purposes of this subsection, "local tax effort" means the total
2135	2135	amount of money generated by taxes imposed for debt service and
2136	2136	maintenance and operation less any amounts paid into a tax
2137	2137	increment fund under Chapter 311, Tax Code. This subsection
2138	2138	expires September 1, 2027.
2139	2139	SECTION 4.06. The heading to Section 29.009, Education
2140	2140	Code, is amended to read as follows:
2141	2141	Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
2142	2142	SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
2143	2143	DISABILITIES].
2144	2144	SECTION 4.07. Section 29.010, Education Code, is amended to
2145	2145	read as follows:
2146	2146	Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
2147	2147	agency shall develop [adopt] and implement a comprehensive system
2148	2148	for monitoring school district compliance with federal and state
2149	2149	laws relating to special education. The monitoring system must
2150	2150	include a comprehensive cyclical process and a targeted risk-based
2151	2151	process [provide for ongoing analysis of district special education
2152	2152	data and of complaints filed with the agency concerning special
2153	2153	education services and for inspections of school districts at
2154	2154	district facilities]. The agency shall establish criteria and
2155	2155	instruments for use in determining district compliance under this
2156	2156	section [use the information obtained through analysis of district
2157	2157	data and from the complaints management system to determine the
2158	2158	appropriate schedule for and extent of the inspection].
2159	2159	(b) As part of the monitoring process [To complete the
2160	2160	inspection], the agency must obtain information from parents and
2161	2161	teachers of students in special education programs in the district.
2162	2162	(c) The agency shall develop and implement a system of
2163	2163	interventions and sanctions for school districts the agency
2164	2164	identifies as being in noncompliance with [whose most recent
2165	2165	monitoring visit shows a failure to comply with major requirements
2166	2166	of] the Individuals with Disabilities Education Act (20 U.S.C.
2167	2167	Section 1400 et seq.), federal regulations, state statutes, or
2168	2168	agency requirements necessary to carry out federal law or
2169	2169	regulations or state law relating to special education.
2170	2170	(d) The agency shall establish a graduated process of
2171	2171	sanctions to apply to [For] districts that remain in noncompliance
2172	2172	for more than one year[, the first stage of sanctions shall begin
2173	2173	with annual or more frequent monitoring visits]. The [Subsequent]
2174	2174	sanctions shall [may] range in severity and may include [up to] the
2175	2175	withholding of funds. If funds are withheld, the agency may use the
2176	2176	funds to provide, through alternative arrangements, services to
2177	2177	students and staff members in the district from which the funds are
2178	2178	withheld.
2179	2179	(e) The agency's complaint management division shall
2180	2180	develop a system for expedited investigation and resolution of
2181	2181	complaints concerning a district's failure to provide special
2182	2182	education or related services to a student eligible to participate
2183	2183	in the district's special education program.
2184	2184	[(f) This section does not create an obligation for or
2185	2185	impose a requirement on a school district or open-enrollment
2186	2186	charter school that is not also created or imposed under another
2187	2187	state law or a federal law.]
2188	2188	SECTION 4.08. Section 29.018, Education Code, is amended by
2189	2189	adding Subsection (g) to read as follows:
2190	2190	(g) This section expires September 1, 2026.
2191	2191	SECTION 4.09. Subchapter A, Chapter 29, Education Code, is
2192	2192	amended by adding Sections 29.026, 29.027, and 29.029 to read as
2193	2193	follows:
2194	2194	Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
2195	2195	WITH AUTISM. (a) The commissioner shall establish a program to
2196	2196	award grants to school districts and open-enrollment charter
2197	2197	schools that provide innovative services to students with autism.
2198	2198	(b) A school district, including a school district acting
2199	2199	through a district charter issued under Subchapter C, Chapter 12,
2200	2200	and an open-enrollment charter school, including a charter school
2201	2201	that primarily serves students with disabilities, as provided under
2202	2202	Section 12.1014, may apply for a grant under this section.
2203	2203	(c) A program is eligible for a grant under this section if
2204	2204	the program:
2205	2205	(1) incorporates:
2206	2206	(A) evidence-based and research-based design;
2207	2207	(B) the use of empirical data on student
2208	2208	achievement and improvement;
2209	2209	(C) parental support and collaboration;
2210	2210	(D) the use of technology;
2211	2211	(E) meaningful inclusion; and
2212	2212	(F) the ability to replicate the program for
2213	2213	students statewide; and
2214	2214	(2) gives priority for enrollment to students with
2215	2215	autism.
2216	2216	(d) A school district or open-enrollment charter school may
2217	2217	not:
2218	2218	(1) charge a fee for the program, other than those
2219	2219	authorized by law for students in public schools;
2220	2220	(2) require a parent to enroll a child in the program;
2221	2221	(3) allow an admission, review, and dismissal
2222	2222	committee to place a student in the program without the written
2223	2223	consent of the student's parent or guardian; or
2224	2224	(4) continue the placement of a student in the program
2225	2225	after the student's parent or guardian revokes consent, in writing,
2226	2226	to the student's placement in the program.
2227	2227	(e) A program under this section may:
2228	2228	(1) alter the length of the school day or school year
2229	2229	or the number of minutes of instruction received by students;
2230	2230	(2) coordinate services with private or
2231	2231	community-based providers;
2232	2232	(3) allow the enrollment of students without
2233	2233	disabilities or with other disabilities, if approved by the
2234	2234	commissioner; and
2235	2235	(4) adopt staff qualifications and staff to student
2236	2236	ratios that differ from the applicable requirements of this title.
2237	2237	(f) The commissioner shall create an external panel of
2238	2238	stakeholders, including parents of students with disabilities, to
2239	2239	provide assistance in the selection of applications for the award
2240	2240	of grants under this section.
2241	2241	(g) In selecting programs to receive a grant under this
2242	2242	section, the commissioner shall prioritize programs that are
2243	2243	collaborations between multiple school districts, multiple charter
2244	2244	schools, or school districts and charter schools. The selected
2245	2245	programs must reflect the diversity of this state.
2246	2246	(h) A program selected to receive a grant under this section
2247	2247	is to be funded for two years.
2248	2248	(i) A grant awarded to a school district or open-enrollment
2249	2249	charter school under this section is in addition to the Foundation
2250	2250	School Program funds that the district or charter school is
2251	2251	otherwise entitled to receive. A grant awarded under this section
2252	2252	may not come out of Foundation School Program funds.
2253	2253	(j) The commissioner shall use funds appropriated or
2254	2254	otherwise available to fund grants under this section.
2255	2255	(k) The commissioner and any program selected under this
2256	2256	section may accept gifts, grants, and donations from any public or
2257	2257	private source, person, or group to implement and administer the
2258	2258	program. The commissioner and any program selected under this
2259	2259	section may not require any financial contribution from parents to
2260	2260	implement and administer the program.
2261	2261	(l) A regional education service center may administer
2262	2262	grants awarded under this section.
2263	2263	Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
2264	2264	FOR TEACHERS AND STAFF. (a) The commissioner shall establish a
2265	2265	program to award grants to school districts and open-enrollment
2266	2266	charter schools to increase local capacity to appropriately serve
2267	2267	students with dyslexia.
2268	2268	(b) A school district, including a school district acting
2269	2269	through a district charter issued under Subchapter C, Chapter 12,
2270	2270	or an open-enrollment charter school, including a charter school
2271	2271	that primarily serves students with disabilities, as provided under
2272	2272	Section 12.1014, is eligible to apply for a grant under this section
2273	2273	if the district or school submits to the commissioner a proposal on
2274	2274	the use of grant funds that:
2275	2275	(1) incorporates evidence-based and research-based
2276	2276	design; and
2277	2277	(2) increases local capacity to appropriately serve
2278	2278	students with dyslexia by providing:
2279	2279	(A) high-quality training to classroom teachers
2280	2280	and administrators in meeting the needs of students with dyslexia;
2281	2281	or
2282	2282	(B) training to intervention staff resulting in
2283	2283	appropriate credentialing related to dyslexia.
2284	2284	(c) The commissioner shall create an external panel of
2285	2285	stakeholders, including parents of students with disabilities, to
2286	2286	provide assistance in the selection of applications for the award
2287	2287	of grants under this section.
2288	2288	(d) A grant under this section is to be awarded for two
2289	2289	years.
2290	2290	(e) A grant awarded to a school district or open-enrollment
2291	2291	charter school under this section is in addition to the Foundation
2292	2292	School Program funds that the district or charter school is
2293	2293	otherwise entitled to receive. A grant awarded under this section
2294	2294	may not come out of Foundation School Program funds.
2295	2295	(f) The commissioner shall use funds appropriated or
2296	2296	otherwise available to fund grants under this section.
2297	2297	(g) The commissioner and any grant recipient selected under
2298	2298	this section may accept gifts, grants, and donations from any
2299	2299	public or private source, person, or group to implement and
2300	2300	administer the grant. The commissioner and any grant recipient
2301	2301	selected under this section may not require any financial
2302	2302	contribution from parents to implement and administer the grant.
2303	2303	(h) A regional education service center may administer
2304	2304	grants awarded under this section.
2305	2305	Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
2306	2306	STAFF. (a) From funds appropriated or otherwise available for the
2307	2307	purpose, the agency shall provide grants to school districts and
2308	2308	open-enrollment charter schools to increase the number of qualified
2309	2309	and appropriately credentialed special education staff, including
2310	2310	special education teachers, special education paraprofessionals,
2311	2311	evaluation personnel, ancillary instruction personnel, and related
2312	2312	service personnel.
2313	2313	(b) A school district or open-enrollment charter school
2314	2314	that receives a grant under this section shall require each person
2315	2315	the district or school uses the grant money to assist in becoming
2316	2316	licensed, certified, or otherwise credentialed as described by
2317	2317	Subsection (a) to work at the district or school for a period
2318	2318	established by commissioner rule.
2319	2319	(c) The commissioner shall adopt rules establishing the
2320	2320	period of required employment described by Subsection (b) and any
2321	2321	other rules necessary to implement this section.
2322	2322	SECTION 4.10. The heading to Subchapter A-1, Chapter 29,
2323	2323	Education Code, is amended to read as follows:
2324	2324	SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
2325	2325	SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
2326	2326	[PROGRAM]
2327	2327	SECTION 4.11. Sections 29.041(2) and (3), Education Code,
2328	2328	are amended to read as follows:
2329	2329	(2) "Supplemental [special education] instructional
2330	2330	materials" includes textbooks, computer hardware or software,
2331	2331	other technological devices, and other materials suitable for
2332	2332	addressing an educational need of a student receiving special
2333	2333	education services under Subchapter A.
2334	2334	(3) "Supplemental [special education] services" means
2335	2335	an additive service that provides an educational benefit to a
2336	2336	student receiving special education services under Subchapter A,
2337	2337	including:
2338	2338	(A) occupational therapy, physical therapy, and
2339	2339	speech therapy; and
2340	2340	(B) private tutoring and other supplemental
2341	2341	private instruction or programs.
2342	2342	SECTION 4.12. Section 29.042(a), Education Code, is amended
2343	2343	to read as follows:
2344	2344	(a) The agency by rule shall establish and administer a
2345	2345	parent-directed [supplemental special education services and
2346	2346	instructional materials] program for students receiving special
2347	2347	education services through which a parent may direct supplemental
2348	2348	services and supplemental instructional materials for the parent's
2349	2349	student [students] who meets [meet] the eligibility requirements
2350	2350	for participation in the program. Subject to Subsection (c), the
2351	2351	agency shall provide each student approved as provided by this
2352	2352	subchapter a grant in the amount provided under Section 48.306 [of
2353	2353	not more than $1,500] to purchase supplemental [special education]
2354	2354	services and supplemental [special education] instructional
2355	2355	materials. A student may receive one grant under this subchapter
2356	2356	unless the legislature appropriates money for an additional grant
2357	2357	in the General Appropriations Act.
2358	2358	SECTION 4.13. Section 29.045, Education Code, is amended to
2359	2359	read as follows:
2360	2360	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
2361	2361	ACCOUNT. The [Subject to available funding the] agency shall
2362	2362	approve each student who meets the program eligibility criteria
2363	2363	established under Section 29.044 and assign to the student an
2364	2364	account maintained under Section 29.042(b). The account may only
2365	2365	be used by the student's parent to purchase supplemental [special
2366	2366	education] services or supplemental [special education]
2367	2367	instructional materials for the student, subject to Sections 29.046
2368	2368	and 29.047.
2369	2369	SECTION 4.14. Sections 29.046(a) and (b), Education Code,
2370	2370	are amended to read as follows:
2371	2371	(a) Money in an account assigned to a student under Section
2372	2372	29.045 may be used only for supplemental [special education]
2373	2373	services and supplemental [special education] instructional
2374	2374	materials.
2375	2375	(b) Supplemental [special education] services must be
2376	2376	provided by an agency-approved provider.
2377	2377	SECTION 4.15. Sections 29.047(a), (c), (d), and (e),
2378	2378	Education Code, are amended to read as follows:
2379	2379	(a) The agency shall establish criteria necessary for
2380	2380	agency approval for each category of provider of a professional
2381	2381	service that is a supplemental [special education] service, as
2382	2382	identified by the agency.
2383	2383	(c) The agency shall provide a procedure for providers of
2384	2384	supplemental [special education] services to apply to the agency to
2385	2385	become an agency-approved provider.
2386	2386	(d) The agency may establish criteria for agency approval of
2387	2387	vendors for each category of supplemental [special education]
2388	2388	instructional materials identified by the agency.
2389	2389	(e) If the agency establishes criteria for agency approval
2390	2390	for a vendor of a category of supplemental [special education]
2391	2391	instructional materials, the agency shall provide a procedure for
2392	2392	vendors of that category to apply to the agency to become an
2393	2393	agency-approved vendor.
2394	2394	SECTION 4.16. Subchapter A-1, Chapter 29, Education Code,
2395	2395	is amended by adding Section 29.0475 to read as follows:
2396	2396	Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
2397	2397	AUTONOMY. (a) A provider of supplemental services or vendor of
2398	2398	supplemental instructional materials that receives money
2399	2399	distributed under the program is not a recipient of federal
2400	2400	financial assistance on the basis of receiving that money.
2401	2401	(b) A rule adopted or action taken related to the program by
2402	2402	an individual, governmental entity, court of law, or program
2403	2403	administrator may not:
2404	2404	(1) consider the actions of a provider of supplemental
2405	2405	services, vendor of supplemental instructional materials, or
2406	2406	program participant to be the actions of an agent of state
2407	2407	government;
2408	2408	(2) limit:
2409	2409	(A) a provider of supplemental services' ability
2410	2410	to determine the methods used to educate the provider's students or
2411	2411	to exercise the provider's religious or institutional values; or
2412	2412	(B) a program participant's ability to determine
2413	2413	the participant's educational content or to exercise the
2414	2414	participant's religious values;
2415	2415	(3) obligate a provider of supplemental services or
2416	2416	program participant to act contrary to the provider's or
2417	2417	participant's religious or institutional values, as applicable;
2418	2418	(4) impose any regulation on a provider of
2419	2419	supplemental services, vendor of supplemental instructional
2420	2420	materials, or program participant beyond those regulations
2421	2421	necessary to enforce the requirements of the program; or
2422	2422	(5) require as a condition of receiving money
2423	2423	distributed under the program:
2424	2424	(A) a provider of supplemental services to modify
2425	2425	the provider's creed, practices, admissions policies, curriculum,
2426	2426	performance standards, employment policies, or assessments; or
2427	2427	(B) a program participant to modify the
2428	2428	participant's creed, practices, curriculum, performance standards,
2429	2429	or assessments.
2430	2430	(c) In a proceeding challenging a rule adopted by a state
2431	2431	agency or officer under this subchapter, the agency or officer has
2432	2432	the burden of proof to establish by clear and convincing evidence
2433	2433	that the rule:
2434	2434	(1) is necessary to implement or enforce the program
2435	2435	as provided by this subchapter;
2436	2436	(2) does not violate this section;
2437	2437	(3) does not impose an undue burden on a program
2438	2438	participant or a provider of supplemental services or vendor of
2439	2439	supplemental instructional materials that participates or applies
2440	2440	to participate in the program; and
2441	2441	(4) is the least restrictive means of accomplishing
2442	2442	the purpose of the program while recognizing the independence of a
2443	2443	provider of supplemental services to meet the educational needs of
2444	2444	students in accordance with the provider's religious or
2445	2445	institutional values.
2446	2446	SECTION 4.17. Section 29.048, Education Code, is amended to
2447	2447	read as follows:
2448	2448	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
2449	2449	DUTIES. (a) A student's admission, review, and dismissal
2450	2450	committee shall develop a student's individualized education
2451	2451	program under Section 29.005, in compliance with the Individuals
2452	2452	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
2453	2453	without consideration of any supplemental [special education]
2454	2454	services or supplemental instructional materials that may be
2455	2455	provided under the program under this subchapter.
2456	2456	(b) Unless the district first verifies that an account has
2457	2457	been assigned to the student under Section 29.045, the [The]
2458	2458	admission, review, and dismissal committee of a student approved
2459	2459	for participation in the program shall provide to the student's
2460	2460	parent at an admission, review, and dismissal committee meeting for
2461	2461	the student:
2462	2462	(1) information regarding the types of supplemental
2463	2463	[special education] services or supplemental instructional
2464	2464	materials available under the program and provided by
2465	2465	agency-approved providers for which an account maintained under
2466	2466	Section 29.042(b) for the student may be used; and
2467	2467	(2) instructions regarding accessing an account
2468	2468	described by Subdivision (1).
2469	2469	SECTION 4.18. Subchapter A-1, Chapter 29, Education Code,
2470	2470	is amended by adding Section 29.0485 to read as follows:
2471	2471	Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
2472	2472	Notwithstanding Section 7.057, a determination of the commissioner
2473	2473	under this subchapter is final and may not be appealed.
2474	2474	SECTION 4.19. Section 29.049, Education Code, is amended to
2475	2475	read as follows:
2476	2476	Sec. 29.049. RULES. The commissioner shall adopt rules as
2477	2477	necessary to administer the supplemental [special education]
2478	2478	services and supplemental instructional materials program under
2479	2479	this subchapter.
2480	2480	SECTION 4.20. Section 29.315, Education Code, is amended to
2481	2481	read as follows:
2482	2482	Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
2483	2483	UNDERSTANDING. The Texas Education Agency and the Texas School for
2484	2484	the Deaf shall develop[, agree to, and by commissioner rule adopt no
2485	2485	later than September 1, 1998,] a memorandum of understanding to
2486	2486	establish:
2487	2487	(1) the method for developing and reevaluating a set
2488	2488	of indicators of the quality of learning at the Texas School for the
2489	2489	Deaf;
2490	2490	(2) the process for the agency to conduct and report on
2491	2491	an annual evaluation of the school's performance on the indicators;
2492	2492	(3) the requirements for the school's board to
2493	2493	publish, discuss, and disseminate an annual report describing the
2494	2494	educational performance of the school;
2495	2495	(4) the process for the agency to assign an
2496	2496	accreditation status to the school, to reevaluate the status on an
2497	2497	annual basis, and, if necessary, to conduct monitoring reviews; and
2498	2498	(5) the type of information the school shall be
2499	2499	required to provide through the Public Education Information
2500	2500	Management System (PEIMS).
2501	2501	SECTION 4.21. Section 30.001(b), Education Code, is amended
2502	2502	to read as follows:
2503	2503	(b) The commissioner, with the approval of the State Board
2504	2504	of Education, shall develop and implement a plan for the
2505	2505	coordination of services to children with disabilities in each
2506	2506	region served by a regional education service center. The plan
2507	2507	must include procedures for:
2508	2508	(1) identifying existing public or private
2509	2509	educational and related services for children with disabilities in
2510	2510	each region;
2511	2511	(2) identifying and referring children with
2512	2512	disabilities who cannot be appropriately served by the school
2513	2513	district in which they reside to other appropriate programs;
2514	2514	(3) assisting school districts to individually or
2515	2515	cooperatively develop programs to identify and provide appropriate
2516	2516	services for children with disabilities;
2517	2517	(4) expanding and coordinating services provided by
2518	2518	regional education service centers for children with disabilities;
2519	2519	and
2520	2520	(5) providing for special education supports
2521	2521	[services], including special seats, books, instructional media,
2522	2522	and other supplemental supplies and services required for proper
2523	2523	instruction.
2524	2524	SECTION 4.22. Section 30.002(g), Education Code, is amended
2525	2525	to read as follows:
2526	2526	(g) To facilitate implementation of this section, the
2527	2527	commissioner shall develop a system to distribute from the
2528	2528	foundation school fund to school districts or regional education
2529	2529	service centers a special supplemental allowance for each student
2530	2530	with a visual impairment and for each student with a serious visual
2531	2531	disability and another medically diagnosed disability of a
2532	2532	significantly limiting nature who is receiving special education
2533	2533	services through any approved program. The supplemental allowance
2534	2534	may be spent only for special education services uniquely required
2535	2535	by the nature of the student's disabilities and may not be used in
2536	2536	lieu of educational funds otherwise available under this code or
2537	2537	through state or local appropriations.
2538	2538	SECTION 4.23. Section 30.005, Education Code, is amended to
2539	2539	read as follows:
2540	2540	Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
2541	2541	IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
2542	2542	and the Texas School for the Blind and Visually Impaired shall
2543	2543	develop[, agree to, and by commissioner rule adopt] a memorandum of
2544	2544	understanding to establish:
2545	2545	(1) the method for developing and reevaluating a set
2546	2546	of indicators of the quality of learning at the Texas School for the
2547	2547	Blind and Visually Impaired;
2548	2548	(2) the process for the agency to conduct and report on
2549	2549	an annual evaluation of the school's performance on the indicators;
2550	2550	(3) the requirements for the school's board to
2551	2551	publish, discuss, and disseminate an annual report describing the
2552	2552	educational performance of the school;
2553	2553	(4) the process for the agency to:
2554	2554	(A) assign an accreditation status to the school;
2555	2555	(B) reevaluate the status on an annual basis; and
2556	2556	(C) if necessary, conduct monitoring reviews;
2557	2557	and
2558	2558	(5) the type of information the school shall be
2559	2559	required to provide through the Public Education Information
2560	2560	Management System (PEIMS).
2561	2561	SECTION 4.24. Section 37.146(a), Education Code, as
2562	2562	effective until January 1, 2025, is amended to read as follows:
2563	2563	(a) A complaint alleging the commission of a school offense
2564	2564	must, in addition to the requirements imposed by Article 45.019,
2565	2565	Code of Criminal Procedure:
2566	2566	(1) be sworn to by a person who has personal knowledge
2567	2567	of the underlying facts giving rise to probable cause to believe
2568	2568	that an offense has been committed; and
2569	2569	(2) be accompanied by a statement from a school
2570	2570	employee stating:
2571	2571	(A) whether the child is eligible for or receives
2572	2572	special education services under Subchapter A, Chapter 29; and
2573	2573	(B) the graduated sanctions, if required under
2574	2574	Section 37.144, that were imposed on the child before the complaint
2575	2575	was filed.
2576	2576	SECTION 4.25. Section 37.146(a), Education Code, as
2577	2577	effective January 1, 2025, is amended to read as follows:
2578	2578	(a) A complaint alleging the commission of a school offense
2579	2579	must, in addition to the requirements imposed by Article 45A.101,
2580	2580	Code of Criminal Procedure:
2581	2581	(1) be sworn to by a person who has personal knowledge
2582	2582	of the underlying facts giving rise to probable cause to believe
2583	2583	that an offense has been committed; and
2584	2584	(2) be accompanied by a statement from a school
2585	2585	employee stating:
2586	2586	(A) whether the child is eligible for or receives
2587	2587	special education services under Subchapter A, Chapter 29; and
2588	2588	(B) the graduated sanctions, if required under
2589	2589	Section 37.144, that were imposed on the child before the complaint
2590	2590	was filed.
2591	2591	SECTION 4.26. Section 48.265(a), Education Code, is amended
2592	2592	to read as follows:
2593	2593	(a) If [Notwithstanding any other provision of law, if] the
2594	2594	commissioner determines that the amount appropriated for the
2595	2595	purposes of the Foundation School Program exceeds the amount to
2596	2596	which school districts are entitled under this chapter, the
2597	2597	commissioner may provide [by rule shall establish a grant program
2598	2598	through which excess funds are awarded as] grants using the excess
2599	2599	money for the purchase of video equipment, or for the reimbursement
2600	2600	of costs for previously purchased video equipment, used for
2601	2601	monitoring special education classrooms or other special education
2602	2602	settings required under Section 29.022.
2603	2603	SECTION 4.27. Section 29.002, Education Code, is repealed.
2604	2604	SECTION 4.28. This article takes effect immediately if this
2605	2605	Act receives a vote of two-thirds of all the members elected to each
2606	2606	house, as provided by Section 39, Article III, Texas Constitution.
2607	2607	If this Act does not receive the vote necessary for immediate
2608	2608	effect, this article takes effect on the 91st day after the last day
2609	2609	of the legislative session.
2610	2610	ARTICLE 5. EDUCATION SAVINGS ACCOUNT PROGRAM
2611	2611	SECTION 5.01. Chapter 29, Education Code, is amended by
2612	2612	adding Subchapter J to read as follows:
2613	2613	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
2614	2614	Sec. 29.351. DEFINITIONS. In this subchapter:
2615	2615	(1) "Account" means an education savings account
2616	2616	established under the program.
2617	2617	(2) "Certified educational assistance organization"
2618	2618	means an organization certified under Section 29.354 to support the
2619	2619	administration of the program.
2620	2620	(3) "Child with a disability" means a child who is
2621	2621	eligible to participate in a school district's special education
2622	2622	program under Section 29.003.
2623	2623	(4) "Higher education provider" means an institution
2624	2624	of higher education or a private or independent institution of
2625	2625	higher education, as those terms are defined by Section 61.003.
2626	2626	(5) "Parent" means a resident of this state who is a
2627	2627	natural or adoptive parent, managing or possessory conservator,
2628	2628	legal guardian, custodian, or other person with legal authority to
2629	2629	act on behalf of a child.
2630	2630	(6) "Participating child" means a child enrolled in
2631	2631	the program.
2632	2632	(7) "Participating parent" means a parent of a
2633	2633	participating child who submitted an application under Section
2634	2634	29.356 on behalf of the child.
2635	2635	(8) "Program" means the program established under this
2636	2636	subchapter.
2637	2637	(9) "Program participant" means a participating child
2638	2638	or a participating parent.
2639	2639	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
2640	2640	shall establish a program to provide funding for approved
2641	2641	education-related expenses of participating children.
2642	2642	Sec. 29.353. PROGRAM FUND. (a) The program fund is an
2643	2643	account in the general revenue fund to be administered by the
2644	2644	comptroller.
2645	2645	(b) The fund is composed of:
2646	2646	(1) money appropriated to the fund;
2647	2647	(2) gifts, grants, and donations received under
2648	2648	Section 29.370; and
2649	2649	(3) any other money available for purposes of the
2650	2650	program.
2651	2651	(c) Money in the fund may be appropriated only for the uses
2652	2652	specified by this subchapter.
2653	2653	(d) The governor and the Legislative Budget Board may not
2654	2654	transfer or repurpose money under a proposal under Chapter 317,
2655	2655	Government Code, to provide funding to administer the program.
2656	2656	Sec. 29.3535. PROMOTION OF PROGRAM. Notwithstanding
2657	2657	Chapter 2113, Government Code, the comptroller or the comptroller's
2658	2658	designee may enter into contracts or agreements and engage in
2659	2659	marketing, advertising, and other activities to promote, market,
2660	2660	and advertise the development and use of the program. The
2661	2661	comptroller may use money from the program fund to pay for
2662	2662	activities authorized under this section.
2663	2663	Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
2664	2664	ORGANIZATIONS. (a) An organization may apply to the comptroller
2665	2665	for certification as a certified educational assistance
2666	2666	organization during an application period established by the
2667	2667	comptroller.
2668	2668	(b) To be eligible for certification, an organization must:
2669	2669	(1) have the ability to perform one or more of the
2670	2670	duties and functions required of a certified educational assistance
2671	2671	organization under this subchapter;
2672	2672	(2) be in good standing with the state; and
2673	2673	(3) be able to assist the comptroller in administering
2674	2674	the program in whole or in part, such as the ability to:
2675	2675	(A) accept, process, and track applications for
2676	2676	the program;
2677	2677	(B) assist prospective applicants, applicants,
2678	2678	and program participants with finding preapproved education
2679	2679	service providers and vendors of educational products;
2680	2680	(C) accept and process payments for approved
2681	2681	education-related expenses; and
2682	2682	(D) verify that program funding is used only for
2683	2683	approved education-related expenses.
2684	2684	(c) The comptroller may certify one or more educational
2685	2685	assistance organizations to support the administration of the
2686	2686	program, including by:
2687	2687	(1) administering in whole or in part:
2688	2688	(A) the application process under Section
2689	2689	29.356; and
2690	2690	(B) the program expenditures process under
2691	2691	Section 29.360; and
2692	2692	(2) assisting prospective applicants, applicants, and
2693	2693	program participants with understanding approved education-related
2694	2694	expenses and finding preapproved education service providers and
2695	2695	vendors of educational products.
2696	2696	(d) A certified educational assistance organization is not
2697	2697	considered to be a provider of professional or consulting services
2698	2698	under Chapter 2254, Government Code.
2699	2699	Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
2700	2700	participate in the program and may, subject to available funding
2701	2701	and the requirements of this subchapter, initially enroll in the
2702	2702	program for the following school year if the child is eligible to
2703	2703	attend a public school under Section 25.001 and:
2704	2704	(1) either:
2705	2705	(A) was enrolled in a public school in this state
2706	2706	for at least 90 percent of the school year preceding the school year
2707	2707	for which the child applies to enroll in the program;
2708	2708	(B) is enrolling in kindergarten or first grade
2709	2709	for the first time; or
2710	2710	(C) attended a private school on a full-time
2711	2711	basis or was home-schooled for the preceding school year; or
2712	2712	(2) is a sibling of a child who is eligible to
2713	2713	participate in the program and:
2714	2714	(A) applies to enroll in the program for the same
2715	2715	school year in which the sibling applies to enroll in the program;
2716	2716	or
2717	2717	(B) is participating in the program.
2718	2718	(b) A child who establishes eligibility under this section
2719	2719	may, subject to available funding and the requirements of this
2720	2720	subchapter, participate in the program until the earliest of the
2721	2721	following dates:
2722	2722	(1) the date on which the child graduates from high
2723	2723	school;
2724	2724	(2) the date on which the child is no longer eligible
2725	2725	to attend a public school under Section 25.001;
2726	2726	(3) the date on which the child enrolls in a public
2727	2727	school, including an open-enrollment charter school, in a manner in
2728	2728	which the child will be counted toward the school's average daily
2729	2729	attendance for purposes of the allocation of funding under the
2730	2730	foundation school program;
2731	2731	(4) for a child who performed satisfactorily on an
2732	2732	assessment instrument administered under Subchapter B, Chapter 39,
2733	2733	in the school year preceding the child's enrollment in the program,
2734	2734	the date of the first day of the school year following the school
2735	2735	year in which the child fails to perform satisfactorily for the
2736	2736	second consecutive year in the same subject area on an assessment
2737	2737	instrument required under Section 29.371; or
2738	2738	(5) the date on which the child is declared ineligible
2739	2739	for the program by the comptroller under this subchapter.
2740	2740	(c) Notwithstanding Subsection (a) or (b), a child is not
2741	2741	eligible to participate in the program during the period in which
2742	2742	the child's parent or legal guardian is a state representative or
2743	2743	state senator.
2744	2744	Sec. 29.3551. PROGRAM ENROLLMENT. (a) For the 2024-2025
2745	2745	school year, the total amount of children participating in the
2746	2746	program may not exceed 25,000.
2747	2747	(b) For the 2025-2026 and 2026-2027 school years, the total
2748	2748	amount of children participating in the program may not exceed the
2749	2749	sum of:
2750	2750	(1) the number of children who participated in the
2751	2751	program during the preceding school year; and
2752	2752	(2) 25,000.
2753	2753	(c) This section expires September 1, 2027.
2754	2754	Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
2755	2755	eligible child may apply to a certified educational assistance
2756	2756	organization designated by the comptroller to enroll the child in
2757	2757	the program for the following school year. The comptroller shall
2758	2758	establish deadlines by which an applicant must complete and submit
2759	2759	an application form to participate in the program.
2760	2760	(b) On receipt of more acceptable applications during an
2761	2761	application period for admission under this section than available
2762	2762	positions in the program due to insufficient funding, a certified
2763	2763	educational assistance organization shall, at the direction of the
2764	2764	comptroller, prioritize applicants:
2765	2765	(1) in the following order:
2766	2766	(A) children to whom Paragraph (B) does not
2767	2767	apply; and
2768	2768	(B) children who previously ceased participation
2769	2769	in the program due to enrollment in a public school; and
2770	2770	(2) within each of the groups described by Subdivision
2771	2771	(1), as follows, as applicable:
2772	2772	(A) children with a disability who are members of
2773	2773	a household with a total annual income that is at or below 400
2774	2774	percent of the federal poverty guidelines;
2775	2775	(B) children who are members of a household with
2776	2776	a total annual income that is at or below 185 percent of the federal
2777	2777	poverty guidelines;
2778	2778	(C) children who are members of a household with
2779	2779	a total annual income that is above 185 percent of the federal
2780	2780	poverty guidelines and below 400 percent of the federal poverty
2781	2781	guidelines; and
2782	2782	(D) children who are members of a household with
2783	2783	a total annual income that is at or above 400 percent of the federal
2784	2784	poverty guidelines.
2785	2785	(b-1) For purposes of Subsection (b), a certified
2786	2786	educational assistance organization shall prioritize a
2787	2787	participating child's sibling who is initially eligible to
2788	2788	participate in the program under Section 29.355(a)(2) in the same
2789	2789	manner as the participating child.
2790	2790	(b-2) The agency shall provide to the comptroller the
2791	2791	information necessary to make the determinations required under
2792	2792	Subsection (b).
2793	2793	(c) The comptroller shall create an application form for the
2794	2794	program and ensure the application form is made readily available
2795	2795	through various sources, including a certified educational
2796	2796	assistance organization's Internet website. The application form
2797	2797	must state the application deadlines established by the comptroller
2798	2798	under Subsection (a). Each certified educational assistance
2799	2799	organization designated under Subsection (a) shall ensure that the
2800	2800	application form, including any required supporting document, is
2801	2801	capable of being submitted to the organization electronically.
2802	2802	(d) The comptroller shall create and maintain a waiting list
2803	2803	based on the priority categories described by Subsection (b) for
2804	2804	applicants if, during an application period, there are more
2805	2805	acceptable applications for admission than there are available
2806	2806	positions.
2807	2807	(e) Each certified educational assistance organization
2808	2808	designated under Subsection (a) shall post on the organization's
2809	2809	Internet website program information for prospective applicants,
2810	2810	including:
2811	2811	(1) a description of the program;
2812	2812	(2) expenses allowed under the program under Section
2813	2813	29.359;
2814	2814	(3) a link to a list of preapproved education service
2815	2815	providers and vendors of educational products under Section 29.358;
2816	2816	(4) a description of the application process;
2817	2817	(5) a description of the applicant selection process;
2818	2818	(6) a description of the program expenditures process
2819	2819	under Section 29.360; and
2820	2820	(7) a description of the responsibilities of program
2821	2821	participants.
2822	2822	(f) A certified educational assistance organization shall
2823	2823	produce and provide to each participating parent a
2824	2824	comptroller-approved program participant handbook that includes:
2825	2825	(1) information regarding expenses allowed under the
2826	2826	program under Section 29.359;
2827	2827	(2) if the handbook is provided electronically, a link
2828	2828	to a list of preapproved education service providers and vendors of
2829	2829	educational products under Section 29.358;
2830	2830	(3) a description of the program expenditures process
2831	2831	under Section 29.360; and
2832	2832	(4) a description of the responsibilities of program
2833	2833	participants.
2834	2834	(g) Each certified educational assistance organization
2835	2835	designated under Subsection (a) shall on enrollment and annually
2836	2836	provide to each participating parent the information described by
2837	2837	Subsections (e) and (f). The organization may provide the
2838	2838	information electronically.
2839	2839	(h) The comptroller or a certified educational assistance
2840	2840	organization designated under Subsection (a):
2841	2841	(1) may require a participating parent to submit
2842	2842	annual notice regarding the parent's intent for the child to
2843	2843	continue participating in the program for the next school year; and
2844	2844	(2) may not require a program participant in good
2845	2845	standing to annually resubmit an application for continued
2846	2846	participation in the program.
2847	2847	Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
2848	2848	under the program, a participating parent must agree to:
2849	2849	(1) spend money received through the program only for
2850	2850	expenses allowed under Section 29.359;
2851	2851	(2) ensure the administration of assessment
2852	2852	instruments to the participating child in accordance with Section
2853	2853	29.371 and share or authorize administrators of assessment
2854	2854	instruments to share with the child's certified educational
2855	2855	assistance organization the results of those assessment
2856	2856	instruments;
2857	2857	(3) refrain from selling an item purchased with
2858	2858	program money while the child is participating in the program; and
2859	2859	(4) notify the applicable certified educational
2860	2860	assistance organization not later than 30 days after the date on
2861	2861	which the child:
2862	2862	(A) enrolls in a public school, including an
2863	2863	open-enrollment charter school in a manner in which the child will
2864	2864	be counted toward the school's average daily attendance for
2865	2865	purposes of the allocation of funding under the foundation school
2866	2866	program;
2867	2867	(B) graduates from high school; or
2868	2868	(C) is no longer eligible to enroll in a public
2869	2869	school under Section 25.001.
2870	2870	Sec. 29.358. PREAPPROVED PROVIDERS AND VENDORS. (a) The
2871	2871	comptroller shall by rule establish a process for the preapproval
2872	2872	of education service providers and vendors of educational products
2873	2873	for participation in the program. The comptroller shall allow for
2874	2874	the submission of applications on a rolling basis.
2875	2875	(b) The comptroller shall approve an education service
2876	2876	provider or vendor of educational products for participation in the
2877	2877	program if the provider or vendor:
2878	2878	(1) has previously been approved by the agency to
2879	2879	provide supplemental special education services under Subchapter
2880	2880	A-1 and remains in good standing with the agency;
2881	2881	(2) for a private school, demonstrates accreditation
2882	2882	by an organization recognized by:
2883	2883	(A) the Texas Private School Accreditation
2884	2884	Commission; or
2885	2885	(B) the agency;
2886	2886	(3) for a public school, demonstrates:
2887	2887	(A) accreditation by the agency; and
2888	2888	(B) the ability to provide services or products
2889	2889	to participating children in a manner in which the children are not
2890	2890	counted toward the school's average daily attendance;
2891	2891	(4) for a private tutor, therapist, or teaching
2892	2892	service, demonstrates that:
2893	2893	(A) the tutor or therapist or each employee of
2894	2894	the teaching service who intends to provide educational services to
2895	2895	a participating child:
2896	2896	(i) is an educator employed by or a retired
2897	2897	educator formerly employed by a school accredited by the agency, an
2898	2898	organization recognized by the agency, or an organization
2899	2899	recognized by the Texas Private School Accreditation Commission;
2900	2900	(ii) holds a relevant license or
2901	2901	accreditation issued by a state, regional, or national
2902	2902	certification or accreditation organization; or
2903	2903	(iii) is employed in or retired from a
2904	2904	teaching or tutoring capacity at a higher education provider;
2905	2905	(B) the tutor or therapist or each employee of
2906	2906	the teaching service who intends to provide educational services to
2907	2907	a participating child provided to the comptroller a national
2908	2908	criminal history record information review completed by the tutor,
2909	2909	therapist, or employee, as applicable, within a period established
2910	2910	by comptroller rule; and
2911	2911	(C) the tutor or therapist or each employee of
2912	2912	the teaching service who intends to provide educational services to
2913	2913	a participating child is not:
2914	2914	(i) required to be discharged or refused to
2915	2915	be hired by a school district under Section 22.085; or
2916	2916	(ii) included in the registry under Section
2917	2917	22.092; or
2918	2918	(5) for a higher education provider, demonstrates
2919	2919	nationally recognized postsecondary accreditation.
2920	2920	(c) The comptroller shall review the national criminal
2921	2921	history record information or documentation for each private tutor,
2922	2922	therapist, or teaching service employee who submits information or
2923	2923	documentation under this section. The tutor, therapist, or service
2924	2924	must provide the comptroller with any information requested by the
2925	2925	comptroller to enable the comptroller to complete the review.
2926	2926	(d) An education service provider or vendor of educational
2927	2927	products shall provide information requested by the comptroller to
2928	2928	verify the provider's or vendor's eligibility for preapproval under
2929	2929	Subsection (b). The comptroller may not approve a provider or
2930	2930	vendor if the comptroller cannot verify the provider's or vendor's
2931	2931	eligibility for preapproval.
2932	2932	(e) An education service provider or vendor of educational
2933	2933	products must agree to:
2934	2934	(1) abide by the disbursement schedule under Section
2935	2935	29.360(c) and all other requirements of this subchapter;
2936	2936	(2) accept money from the program only for
2937	2937	education-related expenses approved under Section 29.359;
2938	2938	(3) notify the comptroller not later than the 30th day
2939	2939	after the date that the provider or vendor no longer meets the
2940	2940	requirements of this section; and
2941	2941	(4) return any money received in violation of this
2942	2942	subchapter or other relevant law to the comptroller for deposit
2943	2943	into the program fund.
2944	2944	(f) An education service provider or vendor of educational
2945	2945	products that receives approval under this section may participate
2946	2946	in the program until the earliest of the date on which the provider
2947	2947	or vendor:
2948	2948	(1) no longer meets the requirements under this
2949	2949	section; or
2950	2950	(2) violates this subchapter or other relevant law.
2951	2951	(g) This section may not be construed to allow a learning
2952	2952	pod, as defined by Section 27.001, or a home school to qualify as an
2953	2953	approved education service provider or vendor of educational
2954	2954	products.
2955	2955	Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
2956	2956	Subject to Subsection (b), money received under the program may be
2957	2957	used only for the following education-related expenses incurred by
2958	2958	a participating child at a preapproved education service provider
2959	2959	or vendor of educational products:
2960	2960	(1) tuition and fees for:
2961	2961	(A) a private school;
2962	2962	(B) a higher education provider;
2963	2963	(C) an online educational course or program; or
2964	2964	(D) a program that provides training for an
2965	2965	industry-based credential;
2966	2966	(2) the purchase of textbooks or other instructional
2967	2967	materials or uniforms required by a private school, higher
2968	2968	education provider, or course in which the child is enrolled,
2969	2969	including purchases made through a third-party vendor of
2970	2970	educational products;
2971	2971	(3) fees for classes or other educational services
2972	2972	provided by a public school, including an open-enrollment charter
2973	2973	school, if the classes or services do not qualify the child to be
2974	2974	included in the school's average daily attendance;
2975	2975	(4) costs related to academic assessments;
2976	2976	(5) fees for services provided by a private tutor or
2977	2977	teaching service;
2978	2978	(6) fees for transportation provided by a
2979	2979	fee-for-service transportation provider for the child to travel to
2980	2980	and from a preapproved education service provider or vendor of
2981	2981	educational products;
2982	2982	(7) fees for educational therapies or services
2983	2983	provided by a practitioner or provider, only for fees that are not
2984	2984	covered by any federal, state, or local government benefits such as
2985	2985	Medicaid or the Children's Health Insurance Program (CHIP) or by
2986	2986	any private insurance that the child is enrolled in at the time of
2987	2987	receiving the therapies or services;
2988	2988	(8) costs of computer hardware and software and other
2989	2989	technological devices prescribed by a physician to facilitate a
2990	2990	child's education, not to exceed in any year 10 percent of the total
2991	2991	amount paid to the participating child's account that year;
2992	2992	(9) costs of breakfast or lunch provided to a child
2993	2993	during the school day by a private school; and
2994	2994	(10) before- and after-school academic child care.
2995	2995	(b) Money received under the program may not be used to pay
2996	2996	any person who is related to the program participant within the
2997	2997	third degree by consanguinity or affinity, as determined under
2998	2998	Chapter 573, Government Code.
2999	2999	(c) A finding that a program participant used money
3000	3000	distributed under the program to pay for an expense not allowed
3001	3001	under Subsection (a) does not affect the validity of any payment
3002	3002	made by the participant for an approved education-related expense
3003	3003	that is allowed under that subsection.
3004	3004	Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
3005	3005	shall disburse from the program fund to each certified educational
3006	3006	assistance organization the amount specified under Section
3007	3007	29.361(a) for each participating child for which the organization
3008	3008	is responsible.
3009	3009	(b) To initiate payment to an education service provider or
3010	3010	vendor of educational products for an education-related expense
3011	3011	approved under Section 29.359, the participating parent must submit
3012	3012	a request in a form prescribed by comptroller rule to the applicable
3013	3013	certified educational assistance organization.
3014	3014	(c) Subject to Subsection (d) and Sections 29.362(g) and
3015	3015	29.364, on receiving a request under Subsection (b), a certified
3016	3016	educational assistance organization shall verify that the request
3017	3017	is for an expense approved under Section 29.359 and, not later than
3018	3018	the 15th business day after the date the organization verifies the
3019	3019	request, send payment to the education service provider or vendor
3020	3020	of educational products.
3021	3021	(d) A disbursement under this section may not exceed the
3022	3022	applicable participating child's account balance.
3023	3023	(e) A certified educational assistance organization shall
3024	3024	provide the participating parent for which the organization is
3025	3025	responsible with electronic access to:
3026	3026	(1) view the current balance of the participating
3027	3027	child's account;
3028	3028	(2) initiate the payment process under Subsection (b);
3029	3029	and
3030	3030	(3) view a summary of the past activity on the
3031	3031	participating child's account, including payments from the account
3032	3032	to education service providers and vendors of educational products.
3033	3033	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
3034	3034	of the deadline by which the participating parent applies for
3035	3035	enrollment in the program under Section 29.356(a) and except as
3036	3036	provided by Subsections (a-1) and (a-3), a participating parent
3037	3037	shall receive each school year that the parent's child participates
3038	3038	in the program payments from the state to be held in trust for the
3039	3039	benefit of the child from funds available under Section 29.353 to
3040	3040	the child's account equal to 75 percent of the estimated statewide
3041	3041	average amount of funding per student in average daily attendance
3042	3042	for the applicable school year, as determined by the commissioner
3043	3043	not later than January 15 preceding the applicable school year. For
3044	3044	purposes of determining the estimated statewide average amount of
3045	3045	funding per student under this subsection, the commissioner shall
3046	3046	include state and local funding under Chapters 46, 48, and 49 and
3047	3047	the amount the state is required to contribute under Section
3048	3048	825.404, Government Code.
3049	3049	(a-1) If a child enrolls in the program after the beginning
3050	3050	of a school year, the comptroller shall prorate the amount the
3051	3051	participating parent of the child receives under Subsection (a)
3052	3052	based on the date the child enrolls in the program.
3053	3053	(a-2) A participating parent must submit all requests for
3054	3054	payment from the account of the parent's child for expenses
3055	3055	incurred during a fiscal year to the comptroller not less than 90
3056	3056	days after the end of that fiscal year.
3057	3057	(a-3) Notwithstanding Subsection (a), a participating child
3058	3058	who is a home-schooled student, as defined by Section 29.916(a)(1),
3059	3059	may not receive payments to the child's account under Subsection
3060	3060	(a) in an amount that exceeds $1,000 for a school year.
3061	3061	(b) Any money remaining in a participating child's account
3062	3062	at the end of a fiscal year that is not obligated for expenses
3063	3063	incurred during that fiscal year shall be returned to the
3064	3064	comptroller for deposit to the program fund. The comptroller shall
3065	3065	provide to a participating parent adequate notice of the return of
3066	3066	money in the account under this subsection.
3067	3067	(c) A participating parent may make payments for the
3068	3068	expenses of educational programs, services, and products not
3069	3069	covered by money in the account of the parent's child.
3070	3070	(d) A payment under Subsection (a) may not be financed using
3071	3071	federal money or money from the available school fund or
3072	3072	instructional materials fund.
3073	3073	(e) Payments received under this subchapter do not
3074	3074	constitute taxable income to a participating parent, unless
3075	3075	otherwise provided by federal or another state's law.
3076	3076	(f) On dates consistent with satisfying the application
3077	3077	deadlines established under Section 29.356(a), the agency shall
3078	3078	calculate and report to the comptroller the amount specified under
3079	3079	Subsection (a) for each participating child.
3080	3080	Sec. 29.3615. ENROLLMENT IN PUBLIC SCHOOL. Notwithstanding
3081	3081	any other provision of this subchapter or other law, if a child
3082	3082	ceases participation in the program due to the child's enrollment
3083	3083	in a public school, including an open-enrollment charter school:
3084	3084	(1) the public school is entitled to receive an amount
3085	3085	equal to the amount in the child's account returned to the
3086	3086	comptroller under Section 29.362(f); and
3087	3087	(2) the child may not be considered in evaluating the
3088	3088	performance of a public school under the public school
3089	3089	accountability system as prescribed by Chapters 39 and 39A for the
3090	3090	first school year after the child ceases participation in the
3091	3091	program.
3092	3092	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt of
3093	3093	money distributed by the comptroller for purposes of making
3094	3094	payments to accounts, a certified educational assistance
3095	3095	organization shall hold the money in trust for the benefit of
3096	3096	participating children and make quarterly payments to the account
3097	3097	of each participating child for which the organization is
3098	3098	responsible in equal amounts on or before the first day of July,
3099	3099	October, January, and April.
3100	3100	(b) Each year, the comptroller may deduct from the total
3101	3101	amount of money appropriated for purposes of this subchapter an
3102	3102	amount, not to exceed three percent of that total amount, to cover
3103	3103	the comptroller's cost of administering the program.
3104	3104	(c) Each quarter, each certified educational assistance
3105	3105	organization shall submit to the comptroller a breakdown of the
3106	3106	organization's actual costs of administering the program for the
3107	3107	previous quarter and the comptroller shall disburse from money
3108	3108	appropriated for the program to each certified educational
3109	3109	assistance organization the amount necessary to cover the
3110	3110	organization's actual costs of administering the program for that
3111	3111	quarter. The total amount disbursed to all certified educational
3112	3112	assistance organizations under this subsection for a state fiscal
3113	3113	year may not exceed five percent of the amount appropriated for the
3114	3114	purposes of the program for that fiscal year.
3115	3115	(d) On or before the first day of October and February or
3116	3116	another date determined by comptroller rule, each certified
3117	3117	educational assistance organization shall:
3118	3118	(1) verify with the agency that each participating
3119	3119	child for which the organization is responsible is not enrolled in a
3120	3120	public school, including an open-enrollment charter school, in a
3121	3121	manner in which the child is counted toward the school's average
3122	3122	daily attendance for purposes of the allocation of state funding
3123	3123	under the foundation school program; and
3124	3124	(2) notify the comptroller if the organization
3125	3125	determines that a participating child for which the organization is
3126	3126	responsible is enrolled in a public school, including an
3127	3127	open-enrollment charter school, in a manner in which the child is
3128	3128	counted toward the school's average daily attendance for purposes
3129	3129	of the allocation of state funding under the foundation school
3130	3130	program.
3131	3131	(e) The comptroller by rule shall establish a process by
3132	3132	which a participating parent may authorize the comptroller or the
3133	3133	certified educational assistance organization to make a payment
3134	3134	directly from the account of the parent's child to a preapproved
3135	3135	education service provider or vendor of educational products for an
3136	3136	expense allowed under Section 29.359.
3137	3137	(f) On the date on which a child who participated in the
3138	3138	program is no longer eligible to participate in the program under
3139	3139	Section 29.355 and payments for any education-related expenses
3140	3140	allowed under Section 29.359 from the child's account have been
3141	3141	completed, the child's account shall be closed and any remaining
3142	3142	money returned to the comptroller for deposit in the program fund.
3143	3143	(g) Each quarter, any interest or other earnings
3144	3144	attributable to money held by a certified educational assistance
3145	3145	organization for purposes of the program shall be remitted to the
3146	3146	comptroller for deposit in the program fund.
3147	3147	Sec. 29.363. AUDITING. (a) The comptroller shall contract
3148	3148	with a private entity to audit accounts and program participant
3149	3149	eligibility data not less than once per year to ensure compliance
3150	3150	with applicable law and program requirements. The audit must
3151	3151	include a review of:
3152	3152	(1) each certified educational assistance
3153	3153	organization's internal controls over program transactions; and
3154	3154	(2) compliance by:
3155	3155	(A) certified educational assistance
3156	3156	organizations with Section 29.354 and other program requirements;
3157	3157	(B) program participants with Section 29.357 and
3158	3158	other program requirements; and
3159	3159	(C) education service providers and vendors of
3160	3160	educational products with Section 29.358 and other program
3161	3161	requirements.
3162	3162	(b) In conducting an audit, the private entity may require a
3163	3163	certified educational assistance organization, program
3164	3164	participant, or education service provider or vendor of educational
3165	3165	products to provide information and documentation regarding any
3166	3166	transaction occurring under the program.
3167	3167	(c) The private entity shall report to the comptroller any
3168	3168	violation of this subchapter or other relevant law and any
3169	3169	transactions the entity determines to be unusual or suspicious
3170	3170	found by the entity during an audit conducted under this section.
3171	3171	The comptroller shall report the violation or transaction to:
3172	3172	(1) the applicable certified educational assistance
3173	3173	organization;
3174	3174	(2) the education service provider or vendor of
3175	3175	educational products, as applicable; and
3176	3176	(3) the participating parent of each participating
3177	3177	child who is affected by the violation or transaction.
3178	3178	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
3179	3179	shall suspend the account of a program participant who fails to
3180	3180	remain in good standing by complying with applicable law or a
3181	3181	requirement of the program.
3182	3182	(b) On suspension of an account under Subsection (a), the
3183	3183	comptroller shall notify the participating parent in writing that
3184	3184	the account of the parent's child has been suspended and that no
3185	3185	additional payments may be made from the account. The notification
3186	3186	must specify the grounds for the suspension and state that the
3187	3187	participating parent has 30 days to respond and take any corrective
3188	3188	action required by the comptroller.
3189	3189	(c) On the expiration of the 30-day period under Subsection
3190	3190	(b), the comptroller shall:
3191	3191	(1) order closure of the suspended account;
3192	3192	(2) order temporary reinstatement of the account,
3193	3193	conditioned on the performance of a specified action by the program
3194	3194	participant; or
3195	3195	(3) order full reinstatement of the account.
3196	3196	(d) The comptroller may recover money distributed under the
3197	3197	program that was used for expenses not allowed under Section
3198	3198	29.359, for a child who was not eligible to participate in the
3199	3199	program at the time of the expenditure, or from an education service
3200	3200	provider or vendor of educational products that was not approved at
3201	3201	the time of the expenditure. The money may be recovered from the
3202	3202	program participant or the education service provider or vendor of
3203	3203	educational products that received the money if the participating
3204	3204	child's account is suspended or closed under this section. Failure
3205	3205	to reimburse the state on demand by the comptroller constitutes a
3206	3206	debt to the state for purposes of Section 403.055, Government Code.
3207	3207	The comptroller shall deposit money recovered under this subsection
3208	3208	into the program fund.
3209	3209	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
3210	3210	education service provider or vendor of educational products may
3211	3211	not charge a participating child an amount greater than the
3212	3212	standard amount charged for that service or product by the provider
3213	3213	or vendor.
3214	3214	(b) An education service provider or vendor of educational
3215	3215	products receiving money distributed under the program may not in
3216	3216	any manner rebate, refund, or credit to or share with a program
3217	3217	participant, or any person on behalf of a participant, any program
3218	3218	money paid or owed by the participant to the provider or vendor.
3219	3219	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
3220	3220	comptroller obtains evidence of fraudulent use of an account or
3221	3221	money distributed under the program or any other violation of law by
3222	3222	a certified educational assistance organization, program
3223	3223	participant, or education service provider or vendor of educational
3224	3224	products, the comptroller shall notify the appropriate local county
3225	3225	or district attorney with jurisdiction over, as applicable:
3226	3226	(1) the principal place of business of the
3227	3227	organization or provider or vendor; or
3228	3228	(2) the residence of the program participant.
3229	3229	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) Each certified
3230	3230	educational assistance organization designated under Section
3231	3231	29.356(a) shall post on the organization's Internet website and
3232	3232	provide to each parent who submits an application for the program a
3233	3233	notice that:
3234	3234	(1) states that a private school is not subject to
3235	3235	federal and state laws regarding the provision of educational
3236	3236	services to a child with a disability in the same manner as a public
3237	3237	school; and
3238	3238	(2) provides information regarding rights to which a
3239	3239	child with a disability is entitled under federal and state law if
3240	3240	the child attends a public school, including:
3241	3241	(A) rights provided under the Individuals with
3242	3242	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
3243	3243	(B) rights provided under Subchapter A.
3244	3244	(b) A private school in which a participating child with a
3245	3245	disability enrolls shall provide to the participating parent a copy
3246	3246	of the notice required under Subsection (a).
3247	3247	Sec. 29.368. CHARACTER OF DISTRIBUTION. An education
3248	3248	service provider or vendor of educational products that receives
3249	3249	money distributed under the program is not a recipient of federal
3250	3250	financial assistance and may not be considered to be an agent of
3251	3251	state government on the basis of receiving that money.
3252	3252	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
3253	3253	request by the parent of a child participating or seeking to
3254	3254	participate in the program, the school district or open-enrollment
3255	3255	charter school that the child would otherwise attend shall provide
3256	3256	a copy of the child's school records possessed by the district or
3257	3257	school, if any, to the child's parent or, if applicable, the private
3258	3258	school the child attends.
3259	3259	(b) As necessary to verify a child's eligibility for the
3260	3260	program, the agency, a school district, or an open-enrollment
3261	3261	charter school shall provide to the applicable certified
3262	3262	educational assistance organization any information available to
3263	3263	the agency, district, or school requested by the organization
3264	3264	regarding a child who participates or seeks to participate in the
3265	3265	program, including information regarding:
3266	3266	(1) the child's public school enrollment status; and
3267	3267	(2) whether the child:
3268	3268	(A) is a child with a disability; or
3269	3269	(B) can be counted toward a public school's
3270	3270	average daily attendance for purposes of the allocation of funding
3271	3271	under the foundation school program.
3272	3272	(c) A certified educational assistance organization may not
3273	3273	retain information provided under Subsection (b) beyond the period
3274	3274	necessary to determine a child's eligibility to participate in the
3275	3275	program.
3276	3276	(d) A certified educational assistance organization or an
3277	3277	education service provider or vendor of educational products that
3278	3278	obtains information regarding a participating child:
3279	3279	(1) shall comply with state and federal law regarding
3280	3280	the confidentiality of student educational information; and
3281	3281	(2) may not sell or otherwise distribute information
3282	3282	regarding a child participating in the program.
3283	3283	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
3284	3284	and a certified educational assistance organization may solicit and
3285	3285	accept gifts, grants, and donations from any public or private
3286	3286	source for any expenses related to the administration of the
3287	3287	program, including establishing the program and contracting for the
3288	3288	report required under Section 29.372.
3289	3289	Sec. 29.371. ADMINISTRATION OF STATE ASSESSMENT
3290	3290	INSTRUMENTS. (a) The agency shall ensure that each child
3291	3291	participating in the program is annually administered each
3292	3292	assessment instrument required to be administered to a public
3293	3293	school student at the child's grade and course level under Section
3294	3294	39.023(a) or (c), subject to any applicable exemptions or
3295	3295	accommodations provided under Subchapter B, Chapter 39.
3296	3296	(b) For purposes of the annual report required under Section
3297	3297	29.372, the agency shall provide to the comptroller the results of
3298	3298	the assessment instruments administered under this section, in
3299	3299	aggregate and disaggregated by race, ethnicity, socioeconomic
3300	3300	status, and status as a child with a disability. A child's results
3301	3301	on an assessment instrument administered under this section are
3302	3302	confidential, are not subject to disclosure under Chapter 552,
3303	3303	Government Code, and may only be shared as necessary to develop the
3304	3304	annual report required under Section 29.372 of this subchapter. In
3305	3305	providing the results of the assessment instruments, the agency
3306	3306	shall ensure compliance with state and federal law regarding the
3307	3307	confidentiality of student educational information, including the
3308	3308	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
3309	3309	Section 1232g).
3310	3310	(c) The agency shall require a regional education service
3311	3311	center to administer assessment instruments under this section.
3312	3312	(d) A school district may administer assessment instruments
3313	3313	under this section.
3314	3314	(e) If authorized by the agency, a private school may, but
3315	3315	is not required to, administer assessment instruments under this
3316	3316	section in accordance with agency rule.
3317	3317	Sec. 29.372. ANNUAL REPORT. (a) The comptroller shall
3318	3318	require that the certified educational assistance organizations
3319	3319	collaborate to compile program data and produce an annual
3320	3320	longitudinal report regarding:
3321	3321	(1) the number of program applications received,
3322	3322	accepted, and wait-listed, disaggregated by age;
3323	3323	(2) program participant satisfaction;
3324	3324	(3) the results of assessment instruments provided in
3325	3325	accordance with Section 29.371;
3326	3326	(4) the effect of the program on public and private
3327	3327	school capacity and availability;
3328	3328	(5) the amount of cost savings accruing to the state as
3329	3329	a result of the program;
3330	3330	(6) in a report submitted in an even-numbered year
3331	3331	only, an estimate of the total amount of funding required for the
3332	3332	program for the next state fiscal biennium;
3333	3333	(7) the amount of gifts, grants, and donations
3334	3334	received under Section 29.370; and
3335	3335	(8) based on surveys of former program participants or
3336	3336	other sources available to the organizations, the number and
3337	3337	percentage of participating children who, within one year after
3338	3338	graduating from high school, are:
3339	3339	(A) college ready, as indicated by earning a
3340	3340	minimum of 12 non-remedial semester credit hours or the equivalent
3341	3341	or an associate degree from a postsecondary educational
3342	3342	institution;
3343	3343	(B) career ready, as indicated by:
3344	3344	(i) earning a credential of value included
3345	3345	in a library of credentials established under Section 2308A.007,
3346	3346	Government Code; or
3347	3347	(ii) employment at or above the median wage
3348	3348	in the child's region; or
3349	3349	(C) military ready, as indicated by achieving a
3350	3350	passing score set by the applicable military branch on the Armed
3351	3351	Services Vocational Aptitude Battery and enlisting in the armed
3352	3352	forces of the United States or the Texas National Guard.
3353	3353	(b) In producing the report, the certified educational
3354	3354	assistance organizations shall:
3355	3355	(1) use appropriate analytical and behavioral science
3356	3356	methodologies to ensure public confidence in the report; and
3357	3357	(2) comply with the requirements regarding the
3358	3358	confidentiality of student educational information under the
3359	3359	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
3360	3360	Section 1232g).
3361	3361	(c) The report must cover a period of not less than five
3362	3362	years and include, subject to Subsection (b)(2), the data analyzed
3363	3363	and methodology used.
3364	3364	(d) The comptroller and the applicable certified
3365	3365	educational assistance organizations shall post the report on the
3366	3366	comptroller's and organization's respective Internet websites.
3367	3367	Sec. 29.373. RULES; PROCEDURES. The comptroller shall
3368	3368	adopt rules and procedures as necessary to implement, administer,
3369	3369	and enforce this subchapter.
3370	3370	Sec. 29.374. APPEAL; FINALITY OF DECISIONS. (a) A program
3371	3371	participant may appeal to the comptroller an administrative
3372	3372	decision made by a certified educational assistance organization
3373	3373	under this subchapter, including a decision regarding eligibility,
3374	3374	allowable expenses, or the participant's removal from the program.
3375	3375	(b) This subchapter may not be construed to confer a
3376	3376	property right on a certified educational assistance organization,
3377	3377	education service provider, vendor of educational products, or
3378	3378	program participant.
3379	3379	(c) A decision of the comptroller made under this subchapter
3380	3380	is final and not subject to appeal.
3381	3381	Sec. 29.375. TERM OF AUTHORIZATION. (a) The program is
3382	3382	subject to appropriations from the legislature and continues in
3383	3383	existence until September 1, 2027, unless reauthorized by the
3384	3384	legislature.
3385	3385	(b) Notwithstanding Subsection (a), a program participant
3386	3386	who is participating in the program on or before September 1, 2027,
3387	3387	shall continue to receive payments from the state under Section
3388	3388	29.361 until the date on which the child who participated in the
3389	3389	program would no longer be eligible to participate in the program
3390	3390	under Section 29.355(b).
3391	3391	(c) This subchapter expires September 1, 2027.
3392	3392	SECTION 5.02. Section 22.092(d), Education Code, is amended
3393	3393	to read as follows:
3394	3394	(d) The agency shall provide equivalent access to the
3395	3395	registry maintained under this section to:
3396	3396	(1) private schools;
3397	3397	(2) public schools; [and]
3398	3398	(3) nonprofit teacher organizations approved by the
3399	3399	commissioner for the purpose of participating in the tutoring
3400	3400	program established under Section 33.913; and
3401	3401	(4) the comptroller for the purpose of preapproving
3402	3402	education service providers and vendors of educational products
3403	3403	under Section 29.358 for participation in the program established
3404	3404	under Subchapter J, Chapter 29.
3405	3405	SECTION 5.03. Section 411.109, Government Code, is amended
3406	3406	by adding Subsection (b-1) and amending Subsection (c) to read as
3407	3407	follows:
3408	3408	(b-1) The comptroller is entitled to obtain criminal
3409	3409	history record information as provided by Subsection (c) about a
3410	3410	person who is a private tutor, a therapist, or an employee of a
3411	3411	teaching service or school who intends to provide educational
3412	3412	services to a child participating in the program established under
3413	3413	Subchapter J, Chapter 29, Education Code, and is seeking approval
3414	3414	to receive money distributed under that program.
3415	3415	(c) Subject to Section 411.087 and consistent with the
3416	3416	public policy of this state, the comptroller is entitled to:
3417	3417	(1) obtain through the Federal Bureau of Investigation
3418	3418	criminal history record information maintained or indexed by that
3419	3419	bureau that pertains to a person described by Subsection (a), [or]
3420	3420	(b), or (b-1); and
3421	3421	(2) obtain from the department or any other criminal
3422	3422	justice agency in this state criminal history record information
3423	3423	maintained by the department or that criminal justice agency that
3424	3424	relates to a person described by Subsection (a), [or] (b), or (b-1).
3425	3425	SECTION 5.04. Subchapter J, Chapter 29, Education Code, as
3426	3426	added by this article, applies beginning with the 2024-2025 school
3427	3427	year.
3428	3428	SECTION 5.05. Not later than May 15, 2024, the comptroller
3429	3429	of public accounts shall adopt rules as provided by Section 29.373,
3430	3430	Education Code, as added by this article.
3431	3431	SECTION 5.06. (a) The constitutionality and other validity
3432	3432	under the state or federal constitution of all or any part of
3433	3433	Subchapter J, Chapter 29, Education Code, as added by this article,
3434	3434	may be determined in an action for declaratory judgment under
3435	3435	Chapter 37, Civil Practice and Remedies Code, in a district court in
3436	3436	Travis County.
3437	3437	(b) An order, however characterized, of a trial court
3438	3438	granting or denying a temporary or otherwise interlocutory
3439	3439	injunction or a permanent injunction on the grounds of the
3440	3440	constitutionality or unconstitutionality, or other validity or
3441	3441	invalidity, under the state or federal constitution of all or any
3442	3442	part of Subchapter J, Chapter 29, Education Code, as added by this
3443	3443	article, may be reviewed only by direct appeal to the Texas Supreme
3444	3444	Court filed not later than the 15th day after the date on which the
3445	3445	order was entered. The Texas Supreme Court shall give precedence to
3446	3446	appeals under this section over other matters.
3447	3447	(c) The direct appeal is an accelerated appeal.
3448	3448	(d) This section exercises the authority granted by Section
3449	3449	3-b, Article V, Texas Constitution.
3450	3450	(e) The filing of a direct appeal under this section will
3451	3451	automatically stay any temporary or otherwise interlocutory
3452	3452	injunction or permanent injunction granted in accordance with this
3453	3453	section pending final determination by the Texas Supreme Court,
3454	3454	unless the supreme court makes specific findings that the applicant
3455	3455	seeking such injunctive relief has pleaded and proved that:
3456	3456	(1) the applicant has a probable right to the relief it
3457	3457	seeks on final hearing;
3458	3458	(2) the applicant will suffer a probable injury that
3459	3459	is imminent and irreparable, and that the applicant has no other
3460	3460	adequate legal remedy; and
3461	3461	(3) maintaining the injunction is in the public
3462	3462	interest.
3463	3463	(f) An appeal under this section, including an
3464	3464	interlocutory, accelerated, or direct appeal, is governed, as
3465	3465	applicable, by the Texas Rules of Appellate Procedure, including
3466	3466	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
3467	3467	40.1(b), and 49.4.
3468	3468	(g) This section does not authorize an award of attorney's
3469	3469	fees against this state, and Section 37.009, Civil Practice and
3470	3470	Remedies Code, does not apply to an action filed under this section.
3471	3471	SECTION 5.07. It is the intent of the legislature that every
3472	3472	provision, section, subsection, sentence, clause, phrase, or word
3473	3473	in this article, and every application of the provisions in this
3474	3474	article to each person or entity, is severable from each other. If
3475	3475	any application of any provision in this article to any person,
3476	3476	group of persons, or circumstances is found by a court to be invalid
3477	3477	for any reason, the remaining applications of that provision to all
3478	3478	other persons and circumstances shall be severed and may not be
3479	3479	affected.
3480	3480	SECTION 5.08. This article takes effect immediately if this
3481	3481	Act receives a vote of two-thirds of all the members elected to each
3482	3482	house, as provided by Section 39, Article III, Texas Constitution.
3483	3483	If this Act does not receive the vote necessary for immediate
3484	3484	effect, this article takes effect on the 91st day after the last day
3485	3485	of the legislative session.
3486	3486	ARTICLE 6. CHANGES RELATED TO PUBLIC SCHOOLS GENERALLY
3487	3487	SECTION 6.01. Subchapter Z, Chapter 25, Education Code, is
3488	3488	amended by adding Section 25.906 to read as follows:
3489	3489	Sec. 25.906. PROTECTIONS FOR CERTAIN MILITARY DEPENDENTS.
3490	3490	(a) In this section:
3491	3491	(1) "Compact" means the Interstate Compact on
3492	3492	Educational Opportunity for Military Children executed under
3493	3493	Section 162.002.
3494	3494	(2) "Uniformed services" means:
3495	3495	(A) the United States Army, Navy, Air Force,
3496	3496	Space Force, Marine Corps, or Coast Guard;
3497	3497	(B) the Commissioned Officer Corps of the
3498	3498	National Oceanic and Atmospheric Administration; or
3499	3499	(C) the Commissioned Corps of the United States
3500	3500	Public Health Service.
3501	3501	(b) The provisions of Articles IV, V, VI, and VII of the
3502	3502	compact apply to the following children as if those children were
3503	3503	children described by Article III of the compact:
3504	3504	(1) a child of a veteran of the uniformed services who
3505	3505	was discharged or released through retirement, for a period of four
3506	3506	years after the date of the veteran's retirement, if the veteran
3507	3507	returns to the veteran's home of record on military orders; and
3508	3508	(2) a child of a member of the uniformed services who
3509	3509	dies on active duty or as a result of injuries sustained on active
3510	3510	duty, for a period of four years after the member's death.
3511	3511	(c) Each school district and open-enrollment charter school
3512	3512	that maintains an Internet website shall post on the district's or
3513	3513	school's Internet website an easily accessible link to information
3514	3514	regarding the compact and the additional protections provided by
3515	3515	this section.
3516	3516	SECTION 6.02. Section 26.002, Education Code, is amended to
3517	3517	read as follows:
3518	3518	Sec. 26.002. DEFINITIONS [DEFINITION]. In this chapter:
3519	3519	(1) "Benchmark assessment" includes a benchmark
3520	3520	assessment instrument as defined by Section 39.0263(a) and a
3521	3521	district-required assessment designed to evaluate students against
3522	3522	a set of national or state comparison points.
3523	3523	(2) "Parent" [, "parent"] includes a person standing
3524	3524	in parental relation. The term does not include a person as to whom
3525	3525	the parent-child relationship has been terminated or a person not
3526	3526	entitled to possession of or access to a child under a court order.
3527	3527	Except as provided by federal law, all rights of a parent under
3528	3528	Title 2 of this code and all educational rights under Section
3529	3529	151.001(a)(10), Family Code, shall be exercised by a student who is
3530	3530	18 years of age or older or whose disabilities of minority have been
3531	3531	removed for general purposes under Chapter 31, Family Code, unless
3532	3532	the student has been determined to be incompetent or the student's
3533	3533	rights have been otherwise restricted by a court order.
3534	3534	(3) "Test" includes a benchmark assessment.
3535	3535	SECTION 6.03. Chapter 26, Education Code, is amended by
3536	3536	adding Section 26.0062 to read as follows:
3537	3537	Sec. 26.0062. NOTICE REGARDING BENCHMARK ASSESSMENT
3538	3538	RESULTS. A school district shall report in writing to each
3539	3539	student's parent the results of a benchmark assessment administered
3540	3540	to the student not later than the 30th calendar day after the date
3541	3541	on which the results of the assessment are available. The results
3542	3542	may be made available to the parent through a parent portal.
3543	3543	SECTION 6.04. Section 28.006, Education Code, is amended by
3544	3544	amending Subsections (a), (b), (c), (c-1), (c-2), (c-3), and (j)
3545	3545	and adding Subsections (a-1), (b-2), (b-3), (b-4), (d-1), (g-3),
3546	3546	(g-4), (g-5), (g-6), (n), and (o) to read as follows:
3547	3547	(a) The commissioner shall adopt procedures [develop
3548	3548	recommendations] for school districts and open-enrollment charter
3549	3549	schools for:
3550	3550	(1) administering reading instruments to:
3551	3551	(A) ensure the results of the reading instruments
3552	3552	are valid, reliable, and equated;
3553	3553	(B) diagnose student reading development and
3554	3554	comprehension; and
3555	3555	(C) identify students at risk for dyslexia or
3556	3556	other reading difficulties;
3557	3557	(2) training educators in administering the reading
3558	3558	instruments; and
3559	3559	(3) applying the results of the reading instruments to
3560	3560	the instructional program and intervention practices.
3561	3561	(a-1) A school district or open-enrollment charter school
3562	3562	may not administer a reading instrument to a student more than three
3563	3563	times during a school year.
3564	3564	(b) The commissioner shall adopt a comprehensive list of
3565	3565	reading instruments that a school district or open-enrollment
3566	3566	charter school shall select from for [may] use in diagnosing [to
3567	3567	diagnose student] reading development and comprehension for
3568	3568	students who are enrolled in kindergarten through third grade. A
3569	3569	reading instrument included on the commissioner's list must include
3570	3570	the foundational literacy components of phonemic and phonological
3571	3571	awareness, phonics, vocabulary, fluency, and comprehension. For
3572	3572	use in diagnosing the reading development and comprehension of
3573	3573	kindergarten students, the commissioner shall adopt [a]
3574	3574	multidimensional assessment tools [tool] that include [includes a]
3575	3575	reading instruments that test [instrument and tests] at least three
3576	3576	developmental skills, including the foundational literacy
3577	3577	components. A multidimensional assessment tool administered as
3578	3578	provided by this subsection is considered to be a reading
3579	3579	instrument for purposes of this section. A school district or
3580	3580	open-enrollment charter school [district-level committee
3581	3581	established under Subchapter F, Chapter 11,] may use other [adopt a
3582	3582	list of] reading instruments, subject to Subsection (b-4), [for use
3583	3583	in the district in a grade level other than kindergarten] in
3584	3584	addition to the reading instruments included on the commissioner's
3585	3585	list. Each reading instrument included on the list adopted by the
3586	3586	commissioner or administered by a school district or
3587	3587	open-enrollment charter school [or a district-level committee]
3588	3588	must:
3589	3589	(1) be based on scientific research concerning reading
3590	3590	skills development and reading comprehension;
3591	3591	(2) [. A list of reading instruments adopted under
3592	3592	this subsection must] provide for diagnosing the reading
3593	3593	development and comprehension of students participating in a
3594	3594	program under Subchapter B, Chapter 29;
3595	3595	(3) provide progress monitoring capabilities;
3596	3596	(4) provide a diagnostic tool to assist teachers in
3597	3597	developing research-based targeted instruction;
3598	3598	(5) allow screening of students three times each
3599	3599	school year;
3600	3600	(6) assess only foundational literacy components not
3601	3601	already mastered by the student; and
3602	3602	(7) assess whether a student needs reading instruction
3603	3603	intervention.
3604	3604	(b-2) The commissioner shall include on the commissioner's
3605	3605	list any reading instrument that is:
3606	3606	(1) based on scientific research concerning reading
3607	3607	skills development and reading comprehension; and
3608	3608	(2) submitted for inclusion on the list under
3609	3609	Subsection (b-4).
3610	3610	(b-3) The commissioner shall update the list of reading
3611	3611	instruments at least once every four years, including
3612	3612	multidimensional assessment tools authorized under this section.
3613	3613	(b-4) A school district or open-enrollment charter school
3614	3614	that uses one or more reading instruments not included on the
3615	3615	commissioner's list in accordance with Subsection (b) must submit
3616	3616	the instrument to the commissioner to verify the instrument
3617	3617	satisfies the requirements of this section. The commissioner shall
3618	3618	place on the commissioner's list a reading instrument that
3619	3619	satisfies the requirements of this section.
3620	3620	(c) Each school district and open-enrollment charter school
3621	3621	shall administer, at the first and second grade levels, a reading
3622	3622	instrument that is based on scientific research concerning reading
3623	3623	skills development and reading comprehension included on the list
3624	3624	adopted by the commissioner [or by the district-level
3625	3625	committee]. The district or school shall administer the reading
3626	3626	instrument in accordance with the commissioner's recommendations
3627	3627	under Subsection (a)(1).
3628	3628	(c-1) Each school district and open-enrollment charter
3629	3629	school shall administer at the beginning of the seventh grade a
3630	3630	reading instrument included on the list adopted by the commissioner
3631	3631	to each student whose performance on the assessment instrument in
3632	3632	reading administered under Section 39.023(a) to the student in
3633	3633	grade six did not demonstrate reading proficiency, as determined by
3634	3634	the commissioner. The district or school shall administer the
3635	3635	reading instrument in accordance with the commissioner's policies
3636	3636	adopted [recommendations] under Subsection (a)(1).
3637	3637	(c-2) Each school district and open-enrollment charter
3638	3638	school shall administer at the kindergarten level a reading
3639	3639	instrument included on the list adopted by the commissioner [under
3640	3640	Subsection (b) or approved by the commissioner under Subsection
3641	3641	(b-1)]. The district or school shall administer the reading
3642	3642	instrument in accordance with the commissioner's policies adopted
3643	3643	[recommendations] under Subsection (a)(1).
3644	3644	(c-3) The commissioner by rule shall determine the
3645	3645	performance on a [the] reading instrument adopted under Subsection
3646	3646	(b) that indicates kindergarten readiness.
3647	3647	(d-1) The commissioner shall prominently display on the
3648	3648	agency's Internet website information regarding the commissioner's
3649	3649	list of reading instruments maintained under this section and the
3650	3650	process for applying for inclusion on the list, as provided by
3651	3651	agency rule adopted under Subsection (n).
3652	3652	(g-3) A school district or open-enrollment charter school
3653	3653	shall provide reading intervention to each student in kindergarten
3654	3654	through grade three who is determined to need reading intervention
3655	3655	using an assessment administered in accordance with Subsection (b).
3656	3656	The school district shall continue to offer a student reading
3657	3657	intervention until the student achieves satisfactory performance
3658	3658	on a reading instrument. A reading intervention program offered
3659	3659	under this subsection must:
3660	3660	(1) include targeted instruction to improve the
3661	3661	student's reading skills in the relevant areas identified through
3662	3662	the assessment instrument;
3663	3663	(2) monitor the progress of the student's reading
3664	3664	skills throughout the school year;
3665	3665	(3) be implemented during regular school hours and in
3666	3666	addition to core instruction;
3667	3667	(4) use high-quality instructional materials,
3668	3668	curricula, and curricular tools that are research based and
3669	3669	effective for early childhood literacy intervention; and
3670	3670	(5) be provided by a teacher who has attended a
3671	3671	literacy achievement academy provided under Section 21.4552.
3672	3672	(g-4) In providing reading intervention under Subsection
3673	3673	(g-3), a school district or open-enrollment charter school may not
3674	3674	remove a student, except under circumstances for which a student
3675	3675	enrolled in the same grade level who is not receiving reading
3676	3676	intervention would be removed, from:
3677	3677	(1) instruction in the foundation curriculum and
3678	3678	enrichment curriculum adopted under Section 28.002 for the grade
3679	3679	level in which the student is enrolled; or
3680	3680	(2) recess or other physical activity that is
3681	3681	available to other students enrolled in the same grade level.
3682	3682	(g-5) In addition to the report required under Subsection
3683	3683	(d)(2), a school district or open-enrollment charter school shall
3684	3684	notify the parent or guardian of each student in kindergarten
3685	3685	through grade three who is determined to need reading intervention.
3686	3686	The notification must:
3687	3687	(1) be distributed not later than the 30th day after
3688	3688	the date the result of the reading instrument indicating that the
3689	3689	student needs intervention is available;
3690	3690	(2) describe the current reading services the district
3691	3691	or school provides to the student;
3692	3692	(3) describe the reading interventions that will be
3693	3693	provided to the student to ensure the student will meet or exceed
3694	3694	grade-level reading standards; and
3695	3695	(4) include high-quality resources for the parent or
3696	3696	guardian of the student to use at home to help the student succeed
3697	3697	at reading.
3698	3698	(g-6) From funds appropriated for teacher literacy
3699	3699	achievement academies developed under Section 21.4552, the
3700	3700	commissioner may, in collaboration with regional education service
3701	3701	centers, provide assistance to school districts and
3702	3702	open-enrollment charter schools in complying with the requirements
3703	3703	of Section 28.0062. The commissioner shall prioritize providing
3704	3704	assistance under this subsection in school districts with the
3705	3705	highest rate of students performing below satisfactory levels on
3706	3706	reading instruments administered under Subsection (b).
3707	3707	(j) [No more than 15 percent of the funds certified by the
3708	3708	commissioner under Subsection (i) may be spent on indirect costs.]
3709	3709	The commissioner shall evaluate the programs that fail to meet the
3710	3710	standard of performance under Section 39.301(c)(5) and may
3711	3711	implement interventions or sanctions under Chapter 39A. [The
3712	3712	commissioner may audit the expenditures of funds appropriated for
3713	3713	purposes of this section. The use of the funds appropriated for
3714	3714	purposes of this section shall be verified as part of the district
3715	3715	audit under Section 44.008.]
3716	3716	(n) The agency by rule shall provide a process under which a
3717	3717	school district or open-enrollment charter school may submit an
3718	3718	application for inclusion of a reading instrument on the
3719	3719	commissioner's list of reading instruments maintained under this
3720	3720	section.
3721	3721	(o) The agency may not use data collected from a reading
3722	3722	instrument administered under this section in evaluating the
3723	3723	performance of a school district or campus under Section 39.054.
3724	3724	SECTION 6.05. Subchapter A, Chapter 28, Education Code, is
3725	3725	amended by adding Section 28.0063 to read as follows:
3726	3726	Sec. 28.0063. SUPPLEMENTAL READING INSTRUCTION FOR CERTAIN
3727	3727	STUDENTS. (a) A school district or open-enrollment charter school
3728	3728	shall make available supplemental instruction described by Section
3729	3729	28.0211(a-4) to address a student's reading deficiency if the
3730	3730	student's results on both of the reading assessments administered
3731	3731	under Section 28.006 in two consecutive school years indicate the
3732	3732	student needs reading intervention.
3733	3733	(b) A parent or guardian of a student described by
3734	3734	Subsection (a) may select a tutor from a list of high-quality tutors
3735	3735	approved by the agency or by the school district or open-enrollment
3736	3736	charter school the student attends to provide the supplemental
3737	3737	instruction required under Subsection (a). The district or school
3738	3738	shall contract directly with the tutor selected, who may be a
3739	3739	classroom teacher employed at the district or school. A classroom
3740	3740	teacher selected as a student's tutor is entitled to supplemental
3741	3741	pay from the district or school. The district or school may not
3742	3742	provide money under this subsection directly to a parent or
3743	3743	guardian of a student.
3744	3744	(c) A school district or open-enrollment charter school
3745	3745	shall submit to the agency the district's or school's list of
3746	3746	high-quality tutors and publish the list on the district's or
3747	3747	school's Internet website.
3748	3748	(d) A school district or open-enrollment charter school
3749	3749	that provides a tutor to a student under this section shall continue
3750	3750	to provide the student any other reading support required of the
3751	3751	district or school by federal or state law.
3752	3752	SECTION 6.06. Section 28.009, Education Code, is amended by
3753	3753	amending Subsection (a) and adding Subsection (a-6) to read as
3754	3754	follows:
3755	3755	(a) Each school district shall implement a program under
3756	3756	which students may earn the equivalent of at least 12 semester
3757	3757	credit hours of college credit in high school. On request, a public
3758	3758	institution of higher education in this state shall assist a school
3759	3759	district in developing and implementing the program. The college
3760	3760	credit may be earned through:
3761	3761	(1) international baccalaureate, advanced placement,
3762	3762	or dual credit courses, including courses provided through OnRamps;
3763	3763	(2) articulated postsecondary courses provided for
3764	3764	local credit or articulated postsecondary advanced technical
3765	3765	credit courses provided for state credit; or
3766	3766	(3) any combination of the courses described by
3767	3767	Subdivisions (1) and (2).
3768	3768	(a-6) Each school district shall report through the Public
3769	3769	Education Information Management System (PEIMS) the number of
3770	3770	district students who, during that school year, were enrolled in an
3771	3771	OnRamps course and provide the name of the OnRamps courses in which
3772	3772	the students were enrolled. The commissioner shall establish a
3773	3773	unique identifier in PEIMS for each OnRamps course offered.
3774	3774	SECTION 6.07. Subchapter E, Chapter 29, Education Code, is
3775	3775	amended by adding Section 29.1537 to read as follows:
3776	3776	Sec. 29.1537. PREKINDERGARTEN COMMUNITY-BASED CHILD-CARE
3777	3777	PARTNERSHIP GRANT PROGRAM. (a) The commissioner shall establish
3778	3778	and administer a grant program to support school districts and
3779	3779	open-enrollment charter schools in increasing partnerships with
3780	3780	community-based child-care providers to provide prekindergarten
3781	3781	classes under Section 29.153.
3782	3782	(b) A school district or open-enrollment charter school may
3783	3783	apply for a grant under the grant program in partnership with a
3784	3784	community-based child-care provider described by Section
3785	3785	29.153(g).
3786	3786	(c) A school district or open-enrollment charter school
3787	3787	shall use money received under the grant program to fund the
3788	3788	enrollment of eligible children in prekindergarten classes
3789	3789	provided under Section 29.153 through a partnership between the
3790	3790	district or school and a community-based child-care provider
3791	3791	described by Section 29.153(g). A child is eligible for enrollment
3792	3792	in a prekindergarten class described by this subsection using money
3793	3793	received under the grant program if the child:
3794	3794	(1) is at least three years of age; and
3795	3795	(2) receives subsidized child-care services provided
3796	3796	through the child-care services program administered by the Texas
3797	3797	Workforce Commission.
3798	3798	(d) The commissioner may provide grants under the grant
3799	3799	program for the enrollment in each school year of not more than
3800	3800	3,500 children in a prekindergarten class described by Subsection
3801	3801	(c).
3802	3802	(e) The agency shall annually report to the legislature
3803	3803	regarding the number of children described by Subsection (c)
3804	3804	enrolled in a prekindergarten class.
3805	3805	SECTION 6.08. Section 29.1543, Education Code, is amended
3806	3806	to read as follows:
3807	3807	Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
3808	3808	produce and make available to the public on the agency's Internet
3809	3809	website annual district and campus-level reports containing
3810	3810	information from the previous school year on early education in
3811	3811	school districts and open-enrollment charter schools. A report
3812	3812	under this section must contain:
3813	3813	(1) the information required by Section 29.1532(c) to
3814	3814	be reported through the Public Education Information Management
3815	3815	System (PEIMS);
3816	3816	(2) a description of any [the] diagnostic reading
3817	3817	instruments administered as provided by Section 28.006 [in
3818	3818	accordance with Section 28.006(c) or (c-2)];
3819	3819	(3) the number of students who were administered a
3820	3820	diagnostic reading instrument administered as provided by Section
3821	3821	28.006 [in accordance with Section 28.006(c) or (c-2)];
3822	3822	(4) the number of students whose scores from a
3823	3823	diagnostic reading instrument administered as provided by Section
3824	3824	28.006 [in accordance with Section 28.006(c) or (c-2)] indicate
3825	3825	reading proficiency;
3826	3826	(5) the number of kindergarten students who were
3827	3827	enrolled in a prekindergarten program in the previous school year
3828	3828	in the same district or school as the district or school in which
3829	3829	the student attends kindergarten;
3830	3830	(6) the number and percentage of students who perform
3831	3831	satisfactorily on the third grade reading or mathematics assessment
3832	3832	instrument administered under Section 39.023, disaggregated by
3833	3833	whether the student was eligible for free prekindergarten under
3834	3834	Section 29.153;
3835	3835	(7) the number of students described by Subdivision
3836	3836	(6) who attended kindergarten in the district, disaggregated by:
3837	3837	(A) whether the student met the kindergarten
3838	3838	readiness standard on a [the] reading instrument adopted under
3839	3839	Section 28.006;
3840	3840	(B) whether the student attended prekindergarten
3841	3841	in the district; and
3842	3842	(C) the type of prekindergarten the student
3843	3843	attended, if applicable; and
3844	3844	(8) the information described by Subdivisions (6) and
3845	3845	(7) disaggregated by whether the student is educationally
3846	3846	disadvantaged.
3847	3847	SECTION 6.09. Subchapter Z, Chapter 29, Education Code, is
3848	3848	amended by adding Section 29.9016 to read as follows:
3849	3849	Sec. 29.9016. CAREER AND MILITARY TECHNICAL GRANT PILOT
3850	3850	PROGRAM. (a) The agency shall establish a pilot program to award
3851	3851	grants to school districts to implement or maintain a program under
3852	3852	which the district:
3853	3853	(1) establishes a junior reserve officer training
3854	3854	corps program under 10 U.S.C. Section 2031 for students in high
3855	3855	school;
3856	3856	(2) annually administers the Armed Services
3857	3857	Vocational Aptitude Battery test to each student in grades 9
3858	3858	through 12; and
3859	3859	(3) provides career counseling at least once each year
3860	3860	to each student administered the test under Subdivision (2) based
3861	3861	on the results of the test.
3862	3862	(b) The amount of a grant awarded under the pilot program is
3863	3863	$50,000.
3864	3864	(c) The total amount of grants awarded under the pilot
3865	3865	program for a school year may not exceed $2 million.
3866	3866	(d) Not later than December 1, 2026, the agency shall submit
3867	3867	to the legislature a report on the results of the pilot program.
3868	3868	The report must include the agency's recommendation on whether the
3869	3869	pilot program should be continued, expanded, or terminated.
3870	3870	(e) The commissioner may adopt rules necessary to implement
3871	3871	the pilot program.
3872	3872	(f) This section expires September 1, 2027.
3873	3873	SECTION 6.10. Chapter 791, Government Code, is amended by
3874	3874	adding Subchapter D to read as follows:
3875	3875	SUBCHAPTER D. INTERLOCAL CONTRACTING BETWEEN LOCAL EDUCATION
3876	3876	AGENCIES TO PROCURE HEALTH INSURANCE COVERAGE
3877	3877	Sec. 791.051. DEFINITIONS. In this subchapter:
3878	3878	(1) "Cooperative" means a cooperative established
3879	3879	under this subchapter by an interlocal contract for group health
3880	3880	coverage.
3881	3881	(2) "Local education agency" means:
3882	3882	(A) a school district; or
3883	3883	(B) an open-enrollment charter school as defined
3884	3884	by Section 5.001, Education Code.
3885	3885	(3) "Participating local education agency" means,
3886	3886	with respect to a cooperative, a local education agency that
3887	3887	participates in the cooperative.
3888	3888	Sec. 791.052. COMPLIANCE WITH SUBCHAPTER REQUIRED. A local
3889	3889	education agency shall comply with this subchapter when procuring
3890	3890	and administering employee group health coverage with another local
3891	3891	education agency.
3892	3892	Sec. 791.053. INTERLOCAL CONTRACT FOR GROUP HEALTH
3893	3893	INSURANCE COVERAGE. (a) The governing body of a local education
3894	3894	agency may by resolution enter into an interlocal contract and
3895	3895	cooperate with one or more other local education agencies to
3896	3896	establish a cooperative for the purposes of procuring group health
3897	3897	insurance coverage under this subchapter.
3898	3898	(b) The governing body of a local education agency may renew
3899	3899	an interlocal contract entered into under Subsection (a).
3900	3900	(c) This subchapter does not affect the ability of local
3901	3901	education agencies to provide group health coverage through a risk
3902	3902	pool established in accordance with Chapter 172, Local Government
3903	3903	Code.
3904	3904	Sec. 791.054. COOPERATIVE. (a) A cooperative is a legal
3905	3905	entity that may procure employee group health insurance coverage
3906	3906	for each participating local education agency.
3907	3907	(b) Participating local education agencies may contract for
3908	3908	the supervision and administration of the cooperative in accordance
3909	3909	with Section 791.013.
3910	3910	(c) Except as provided by this subsection, a cooperative is
3911	3911	governed by a board of directors composed of the chief executive
3912	3912	officers of each participating local education agency or the
3913	3913	officers' designees. If the cooperative is composed of more than
3914	3914	seven local education agencies, the cooperative shall appoint at
3915	3915	least seven directors to serve on the cooperative's board of
3916	3916	directors.
3917	3917	Sec. 791.055. PROCUREMENT. (a) A cooperative must procure
3918	3918	a contract for employee group health coverage under this subchapter
3919	3919	through a request for proposals to potential vendors advertised in
3920	3920	a manner consistent with Section 44.031(g), Education Code, in at
3921	3921	least one county in which a participating local education agency's
3922	3922	central office is located.
3923	3923	(b) The board of directors of a cooperative shall select the
3924	3924	vendor that provides the best value to participating local
3925	3925	education agencies considering the factors described by Section
3926	3926	44.031(b), Education Code.
3927	3927	(c) A cooperative that enters into a contract in accordance
3928	3928	with this section satisfies a competitive bidding requirement
3929	3929	applicable to the procurement of group health coverage under other
3930	3930	law.
3931	3931	Sec. 791.056. OFFER OF COVERAGE; PREMIUM LIABILITY. (a) A
3932	3932	cooperative shall offer one or more group health insurance plans
3933	3933	procured under Section 791.055 to employees of participating local
3934	3934	education agencies and dependents of those employees.
3935	3935	(b) The board of directors of a cooperative may determine a
3936	3936	participating local education agency's payment of all or part of
3937	3937	the premiums for employees or dependents for a plan offered under
3938	3938	Subsection (a).
3939	3939	(c) A participating local education agency's payment:
3940	3940	(1) is subject to the requirements described by
3941	3941	Section 1581.052, Insurance Code; and
3942	3942	(2) shall include the contributions by the state
3943	3943	described by Subchapter F, Chapter 1579, Insurance Code.
3944	3944	SECTION 6.11. Section 28.006(b-1), Education Code, is
3945	3945	repealed.
3946	3946	SECTION 6.12. This article applies beginning with the
3947	3947	2024-2025 school year.
3948	3948	SECTION 6.13. This article takes effect on the 91st day
3949	3949	after the last day of the legislative session.
3950	3950	ARTICLE 7. VIRTUAL EDUCATION
3951	3951	SECTION 7.01. Section 1.001(b), Education Code, is amended
3952	3952	to read as follows:
3953	3953	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
3954	3954	A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
3955	3955	this code does not apply to students, facilities, or programs under
3956	3956	the jurisdiction of the Department of Aging and Disability
3957	3957	Services, the Department of State Health Services, the Health and
3958	3958	Human Services Commission, the Texas Juvenile Justice Department,
3959	3959	the Texas Department of Criminal Justice, a Job Corps program
3960	3960	operated by or under contract with the United States Department of
3961	3961	Labor, or any juvenile probation agency.
3962	3962	SECTION 7.02. Section 7.0561(f), Education Code, is amended
3963	3963	to read as follows:
3964	3964	(f) In consultation with interested school districts,
3965	3965	open-enrollment charter schools, and other appropriate interested
3966	3966	persons, the commissioner shall adopt rules applicable to the
3967	3967	consortium, according to the following principles for a next
3968	3968	generation of higher performing public schools:
3969	3969	(1) engagement of students in digital learning,
3970	3970	including engagement through the use of electronic textbooks and
3971	3971	instructional materials adopted under Subchapters B and B-1,
3972	3972	Chapter 31, and virtual or hybrid courses offered by school
3973	3973	districts and open-enrollment charter schools under Chapter 30B
3974	3974	[through the state virtual school network under Subchapter 30A];
3975	3975	(2) emphasis on learning standards that focus on
3976	3976	high-priority standards identified in coordination with districts
3977	3977	and charter schools participating in the consortium;
3978	3978	(3) use of multiple assessments of learning capable of
3979	3979	being used to inform students, parents, districts, and charter
3980	3980	schools on an ongoing basis concerning the extent to which learning
3981	3981	is occurring and the actions consortium participants are taking to
3982	3982	improve learning; and
3983	3983	(4) reliance on local control that enables communities
3984	3984	and parents to be involved in the important decisions regarding the
3985	3985	education of their children.
3986	3986	SECTION 7.03. Section 25.007(b), Education Code, is amended
3987	3987	to read as follows:
3988	3988	(b) In recognition of the challenges faced by students who
3989	3989	are homeless or in substitute care, the agency shall assist the
3990	3990	transition of students who are homeless or in substitute care from
3991	3991	one school to another by:
3992	3992	(1) ensuring that school records for a student who is
3993	3993	homeless or in substitute care are transferred to the student's new
3994	3994	school not later than the 10th working day after the date the
3995	3995	student begins enrollment at the school;
3996	3996	(2) developing systems to ease transition of a student
3997	3997	who is homeless or in substitute care during the first two weeks of
3998	3998	enrollment at a new school;
3999	3999	(3) developing procedures for awarding credit,
4000	4000	including partial credit if appropriate, for course work, including
4001	4001	electives, completed by a student who is homeless or in substitute
4002	4002	care while enrolled at another school;
4003	4003	(4) developing procedures to ensure that a new school
4004	4004	relies on decisions made by the previous school regarding placement
4005	4005	in courses or educational programs of a student who is homeless or
4006	4006	in substitute care and places the student in comparable courses or
4007	4007	educational programs at the new school, if those courses or
4008	4008	programs are available;
4009	4009	(5) promoting practices that facilitate access by a
4010	4010	student who is homeless or in substitute care to extracurricular
4011	4011	programs, summer programs, credit transfer services, virtual or
4012	4012	hybrid [electronic] courses provided under Chapter 30B [30A], and
4013	4013	after-school tutoring programs at nominal or no cost;
4014	4014	(6) establishing procedures to lessen the adverse
4015	4015	impact of the movement of a student who is homeless or in substitute
4016	4016	care to a new school;
4017	4017	(7) entering into a memorandum of understanding with
4018	4018	the Department of Family and Protective Services regarding the
4019	4019	exchange of information as appropriate to facilitate the transition
4020	4020	of students in substitute care from one school to another;
4021	4021	(8) encouraging school districts and open-enrollment
4022	4022	charter schools to provide services for a student who is homeless or
4023	4023	in substitute care in transition when applying for admission to
4024	4024	postsecondary study and when seeking sources of funding for
4025	4025	postsecondary study;
4026	4026	(9) requiring school districts, campuses, and
4027	4027	open-enrollment charter schools to accept a referral for special
4028	4028	education services made for a student who is homeless or in
4029	4029	substitute care by a school previously attended by the student, and
4030	4030	to provide comparable services to the student during the referral
4031	4031	process or until the new school develops an individualized
4032	4032	education program for the student;
4033	4033	(10) requiring school districts, campuses, and
4034	4034	open-enrollment charter schools to provide notice to the child's
4035	4035	educational decision-maker and caseworker regarding events that
4036	4036	may significantly impact the education of a child, including:
4037	4037	(A) requests or referrals for an evaluation under
4038	4038	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
4039	4039	special education under Section 29.003;
4040	4040	(B) admission, review, and dismissal committee
4041	4041	meetings;
4042	4042	(C) manifestation determination reviews required
4043	4043	by Section 37.004(b);
4044	4044	(D) any disciplinary actions under Chapter 37 for
4045	4045	which parental notice is required;
4046	4046	(E) citations issued for Class C misdemeanor
4047	4047	offenses on school property or at school-sponsored activities;
4048	4048	(F) reports of restraint and seclusion required
4049	4049	by Section 37.0021;
4050	4050	(G) use of corporal punishment as provided by
4051	4051	Section 37.0011; and
4052	4052	(H) appointment of a surrogate parent for the
4053	4053	child under Section 29.0151;
4054	4054	(11) developing procedures for allowing a student who
4055	4055	is homeless or in substitute care who was previously enrolled in a
4056	4056	course required for graduation the opportunity, to the extent
4057	4057	practicable, to complete the course, at no cost to the student,
4058	4058	before the beginning of the next school year;
4059	4059	(12) ensuring that a student who is homeless or in
4060	4060	substitute care who is not likely to receive a high school diploma
4061	4061	before the fifth school year following the student's enrollment in
4062	4062	grade nine, as determined by the district, has the student's course
4063	4063	credit accrual and personal graduation plan reviewed;
4064	4064	(13) ensuring that a student in substitute care who is
4065	4065	in grade 11 or 12 be provided information regarding tuition and fee
4066	4066	exemptions under Section 54.366 for dual-credit or other courses
4067	4067	provided by a public institution of higher education for which a
4068	4068	high school student may earn joint high school and college credit;
4069	4069	(14) designating at least one agency employee to act
4070	4070	as a liaison officer regarding educational issues related to
4071	4071	students in the conservatorship of the Department of Family and
4072	4072	Protective Services; and
4073	4073	(15) providing other assistance as identified by the
4074	4074	agency.
4075	4075	SECTION 7.04. The heading to Section 26.0031, Education
4076	4076	Code, is amended to read as follows:
4077	4077	Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL AND HYBRID
4078	4078	COURSES [SCHOOL NETWORK].
4079	4079	SECTION 7.05. Section 26.0031, Education Code, is amended
4080	4080	by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
4081	4081	adding Subsection (b-1) to read as follows:
4082	4082	(a) At the time and in the manner that a school district or
4083	4083	open-enrollment charter school informs students and parents about
4084	4084	courses that are offered in the district's or school's traditional
4085	4085	classroom setting, the district or school shall notify parents and
4086	4086	students of the option to enroll in a virtual or hybrid [an
4087	4087	electronic] course offered by the district or school in which the
4088	4088	student is enrolled or by another district or school [through the
4089	4089	state virtual school network] under Chapter 30B [30A].
4090	4090	(b) Except as provided by Subsection (c), a school district
4091	4091	or open-enrollment charter school in which a student is enrolled as
4092	4092	a full-time student may not deny the request of a parent of a
4093	4093	student to enroll the student in a virtual or hybrid [an electronic]
4094	4094	course offered by the district or school in which the student is
4095	4095	enrolled or by another district or school [through the state
4096	4096	virtual school network] under Chapter 30B [30A].
4097	4097	(b-1) A school district or open-enrollment charter school
4098	4098	may not actively discourage a student, including by threat or
4099	4099	intimidation, from enrolling in a virtual or hybrid course.
4100	4100	(c) A school district or open-enrollment charter school may
4101	4101	deny a request to enroll a student in a virtual or hybrid [an
4102	4102	electronic] course if:
4103	4103	(1) a student attempts to enroll in a course load that
4104	4104	is inconsistent with the student's high school graduation plan or
4105	4105	requirements for college admission or earning an industry
4106	4106	certification;
4107	4107	(2) the student requests permission to enroll in a
4108	4108	virtual or hybrid [an electronic] course at a time that is not
4109	4109	consistent with the enrollment period established by the school
4110	4110	district or open-enrollment charter school providing the course; or
4111	4111	(3) the district or school determines that the cost of
4112	4112	the course is too high [offers a substantially similar course].
4113	4113	(c-1) A school district or open-enrollment charter school
4114	4114	may decline to pay the cost for a student of more than three
4115	4115	yearlong virtual [electronic] courses, or the equivalent, during
4116	4116	any school year. This subsection does not:
4117	4117	(1) limit the ability of the student to enroll in
4118	4118	additional virtual [electronic] courses at the student's cost; or
4119	4119	(2) apply to a student enrolled in a full-time virtual
4120	4120	[online] program [that was operating on January 1, 2013].
4121	4121	(d) Notwithstanding Subsection (c)(2), a school district or
4122	4122	open-enrollment charter school that provides a virtual or hybrid
4123	4123	[an electronic] course [through the state virtual school network]
4124	4124	under Chapter 30B [30A] shall make all reasonable efforts to
4125	4125	accommodate the enrollment of a student in the course under special
4126	4126	circumstances.
4127	4127	(e) A school district or open-enrollment charter school
4128	4128	that denies a request to enroll a student in a virtual or hybrid
4129	4129	course under Subsection (c) must provide a written explanation of
4130	4130	the denial to the student and the student's parent. The written
4131	4131	explanation must provide notice of the student's ability to appeal
4132	4132	the decision and an explanation of the appeal process, including
4133	4133	the process of pursuing a final appeal heard by the board of
4134	4134	trustees of the district or the governing board of the school. A
4135	4135	determination made by the board of trustees of the school district
4136	4136	or the governing board of the open-enrollment charter school [A
4137	4137	parent may appeal to the commissioner a school district's or
4138	4138	open-enrollment charter school's decision to deny a request to
4139	4139	enroll a student in an electronic course offered through the state
4140	4140	virtual school network. The commissioner's decision] under this
4141	4141	subsection is final and may not be appealed.
4142	4142	SECTION 7.06. Subtitle F, Title 2, Education Code, is
4143	4143	amended by adding Chapter 30B to read as follows:
4144	4144	CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES
4145	4145	SUBCHAPTER A. GENERAL PROVISIONS
4146	4146	Sec. 30B.001. DEFINITIONS. In this chapter:
4147	4147	(1) "Full-time hybrid campus" means a school district
4148	4148	or open-enrollment charter school campus at which at least 50
4149	4149	percent of the enrolled students are enrolled in a full-time hybrid
4150	4150	program authorized under Subchapter C.
4151	4151	(2) "Full-time hybrid program" means a full-time
4152	4152	educational program offered by a school district or open-enrollment
4153	4153	charter school campus in which:
4154	4154	(A) a student is in attendance in person for less
4155	4155	than 90 percent of the minutes of instruction provided; and
4156	4156	(B) the instruction and content may be delivered
4157	4157	synchronously or asynchronously over the Internet, in person, or
4158	4158	through other means.
4159	4159	(3) "Full-time virtual campus" means a school district
4160	4160	or open-enrollment charter school campus at which at least 50
4161	4161	percent of the enrolled students are enrolled in a full-time
4162	4162	virtual program authorized under Subchapter C.
4163	4163	(4) "Full-time virtual program" means a full-time
4164	4164	educational program offered by a school district or open-enrollment
4165	4165	charter school campus in which:
4166	4166	(A) a student is in attendance in person
4167	4167	minimally or not at all; and
4168	4168	(B) the instruction and content are delivered
4169	4169	synchronously or asynchronously primarily over the Internet.
4170	4170	(5) "Hybrid course" means a course in which:
4171	4171	(A) a student is in attendance in person for less
4172	4172	than 90 percent of the minutes of instruction provided; and
4173	4173	(B) the instruction and content may be delivered
4174	4174	synchronously or asynchronously over the Internet, in person, or
4175	4175	through other means.
4176	4176	(6) "Parent" means a student's parent or a person
4177	4177	standing in parental relation to a student.
4178	4178	(7) "Virtual course" means a course in which
4179	4179	instruction and content are delivered synchronously or
4180	4180	asynchronously primarily over the Internet.
4181	4181	(8) "Whole program virtual instruction provider"
4182	4182	means a private or third-party service that provides oversight and
4183	4183	management of the virtual instruction services or otherwise
4184	4184	provides a preponderance of those services for a full-time virtual
4185	4185	or full-time hybrid campus or program.
4186	4186	Sec. 30B.002. RULES. (a) The commissioner shall adopt
4187	4187	rules as necessary to administer this chapter.
4188	4188	(b) To the extent practicable, the commissioner shall
4189	4189	consult school districts, open-enrollment charter schools, and
4190	4190	parents in adopting rules under this section.
4191	4191	(c) The agency may form an advisory committee to comply with
4192	4192	the provisions of this section. Chapter 2110, Government Code,
4193	4193	does not apply to an advisory committee formed under this section.
4194	4194	Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
4195	4195	of this chapter, the commissioner may seek and accept a grant from a
4196	4196	public or private person.
4197	4197	(b) For purposes of this chapter, the commissioner may
4198	4198	accept federal funds and shall use those funds in compliance with
4199	4199	applicable federal law, regulations, and guidelines.
4200	4200	Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
4201	4201	SERVICE. This chapter does not:
4202	4202	(1) require a school district, an open-enrollment
4203	4203	charter school, a virtual course provider, or the state to provide a
4204	4204	student with home computer equipment or Internet access for a
4205	4205	virtual course provided by a school district or open-enrollment
4206	4206	charter school; or
4207	4207	(2) prohibit a school district or open-enrollment
4208	4208	charter school from providing a student with home computer
4209	4209	equipment or Internet access for a virtual course provided by the
4210	4210	district or school.
4211	4211	Sec. 30B.005. EXTRACURRICULAR ACTIVITY. A student enrolled
4212	4212	in a virtual or hybrid course, program, or campus offered under this
4213	4213	chapter may participate in an extracurricular activity sponsored or
4214	4214	sanctioned by the school district or open-enrollment charter school
4215	4215	in which the student is enrolled or by the University
4216	4216	Interscholastic League in the same manner as other district or
4217	4217	school students.
4218	4218	Sec. 30B.006. HYBRID AND VIRTUAL INSTRUCTION PERMITTED.
4219	4219	(a) A school district or open-enrollment charter school may
4220	4220	deliver instruction through hybrid courses, virtual courses,
4221	4221	full-time hybrid programs, and full-time virtual programs in the
4222	4222	manner provided by this chapter.
4223	4223	(b) The following entities may deliver instruction through
4224	4224	hybrid or virtual courses under this chapter in the same manner
4225	4225	provided for a school district or open-enrollment charter school:
4226	4226	(1) a consortium of school districts or
4227	4227	open-enrollment charter schools;
4228	4228	(2) an institution of higher education, as that term
4229	4229	is defined by Section 61.003; or
4230	4230	(3) a regional education service center.
4231	4231	(c) A school district or open-enrollment charter school
4232	4232	that delivers instruction through a hybrid or virtual course shall
4233	4233	develop written information describing each hybrid or virtual
4234	4234	course available for enrollment and complying with any other
4235	4235	requirement of Section 26.0031.
4236	4236	(d) A school district or open-enrollment charter school
4237	4237	shall make information under this section available to students and
4238	4238	parents at the time students ordinarily select courses and may
4239	4239	provide that information to students and parents at other times as
4240	4240	determined by the district or school.
4241	4241	Sec. 30B.007. FOUNDATION SCHOOL FUNDING. A student
4242	4242	enrolled in a hybrid course, virtual course, full-time hybrid
4243	4243	program, or full-time virtual program offered under this chapter by
4244	4244	a school district or open-enrollment charter school is counted
4245	4245	toward the district's or school's average daily attendance in the
4246	4246	same manner as district or school students not enrolled in a hybrid
4247	4247	course, virtual course, full-time hybrid program, or full-time
4248	4248	virtual program.
4249	4249	SUBCHAPTER B. HYBRID AND VIRTUAL COURSES
4250	4250	Sec. 30B.051. HYBRID OR VIRTUAL COURSE QUALITY
4251	4251	REQUIREMENTS. (a) A school district or open-enrollment charter
4252	4252	school that offers a hybrid or virtual course under this chapter
4253	4253	must certify to the commissioner that the course:
4254	4254	(1) includes the appropriate essential knowledge and
4255	4255	skills adopted under Subchapter A, Chapter 28;
4256	4256	(2) provides instruction at the appropriate level of
4257	4257	rigor for the grade level at which the course is offered and will
4258	4258	prepare a student enrolled in the course for the student's next
4259	4259	grade level or a subsequent course in a similar subject matter; and
4260	4260	(3) except as provided by Subsection (b), meets
4261	4261	standards for hybrid or virtual courses adopted by the
4262	4262	commissioner.
4263	4263	(b) If the commissioner has not adopted applicable
4264	4264	standards for hybrid or virtual courses, a school district or
4265	4265	open-enrollment charter school that offers a hybrid or virtual
4266	4266	course must instead certify to the commissioner that the course
4267	4267	meets the National Standards for Quality Online Courses published
4268	4268	by the Virtual Learning Leadership Alliance, Quality Matters, and
4269	4269	the Digital Learning Collaborative, or a successor publication.
4270	4270	Sec. 30B.052. RIGHTS OF STUDENTS REGARDING HYBRID AND
4271	4271	VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a
4272	4272	school district or open-enrollment charter school may not require a
4273	4273	student to enroll in a hybrid or virtual course.
4274	4274	(b) A hybrid or virtual course offered under this chapter to
4275	4275	a student receiving special education services or other
4276	4276	accommodations must meet the needs of the participating student in
4277	4277	a manner consistent with Subchapter A, Chapter 29, and with federal
4278	4278	law, including the Individuals with Disabilities Education Act (20
4279	4279	U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of
4280	4280	1973 (29 U.S.C. Section 794), as applicable.
4281	4281	Sec. 30B.053. RIGHTS OF TEACHERS REGARDING HYBRID AND
4282	4282	VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), a
4283	4283	school district or open-enrollment charter school may not require a
4284	4284	classroom teacher to provide both virtual instruction and in-person
4285	4285	instruction for a course offered under this chapter during the same
4286	4286	class period. The commissioner may waive the requirements of this
4287	4287	subsection for courses included in the enrichment curriculum under
4288	4288	Section 28.002.
4289	4289	(a-1) Subsection (a) does not apply to a requirement that a
4290	4290	classroom teacher simulcast the teacher's in-person instruction
4291	4291	provided that the teacher is not required to interact with students
4292	4292	observing the instruction virtually.
4293	4293	(b) A classroom teacher may not provide instruction for a
4294	4294	hybrid or virtual course offered under this chapter unless:
4295	4295	(1) the teacher has received appropriate professional
4296	4296	development in hybrid or virtual instruction, as determined by the
4297	4297	school district or open-enrollment charter school at which the
4298	4298	teacher is employed; or
4299	4299	(2) the district or school has determined that the
4300	4300	teacher has sufficient previous experience to not require the
4301	4301	professional development described by Subdivision (1).
4302	4302	(c) A school district or open-enrollment charter school may
4303	4303	not directly or indirectly coerce any classroom teacher hired to
4304	4304	provide in-person instruction to agree to an assignment to teach a
4305	4305	hybrid or virtual course.
4306	4306	Sec. 30B.054. ASSESSMENTS. Except as authorized by
4307	4307	commissioner rule, an assessment instrument administered under
4308	4308	Section 39.023 or 39.025 to a student enrolled in a hybrid or
4309	4309	virtual course offered under this chapter shall be administered to
4310	4310	the student in the same manner in which the assessment instrument is
4311	4311	administered to a student enrolled in an in-person course at the
4312	4312	student's school district or open-enrollment charter school.
4313	4313	Sec. 30B.055. TUITION AND FEES. A school district or
4314	4314	open-enrollment charter school may charge tuition and fees for a
4315	4315	hybrid or virtual course provided to a student who:
4316	4316	(1) is not eligible to enroll in a public school in
4317	4317	this state; or
4318	4318	(2) is not enrolled in the school district or
4319	4319	open-enrollment charter school.
4320	4320	Sec. 30B.056. ATTENDANCE FOR CLASS CREDIT OR GRADE.
4321	4321	Notwithstanding Section 25.092, a school district or
4322	4322	open-enrollment charter school shall establish the participation
4323	4323	necessary to earn credit or a grade for a hybrid or virtual course
4324	4324	offered by the district or school.
4325	4325	Sec. 30B.057. AGENCY PUBLICATION OF AVAILABLE VIRTUAL
4326	4326	COURSES. (a) The agency shall publish a list of virtual courses
4327	4327	offered by school districts and open-enrollment charter schools in
4328	4328	this state that includes:
4329	4329	(1) whether the course is available to a student who is
4330	4330	not otherwise enrolled in the offering district or school;
4331	4331	(2) the cost of the course; and
4332	4332	(3) information regarding any third-party provider
4333	4333	involved in the delivery of the course.
4334	4334	(b) A school district or open-enrollment charter school
4335	4335	shall provide to the agency information required to publish the
4336	4336	list under Subsection (a).
4337	4337	SUBCHAPTER C. FULL-TIME HYBRID AND FULL-TIME VIRTUAL CAMPUSES
4338	4338	Sec. 30B.101. FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS
4339	4339	AUTHORIZATION. (a) A school district or open-enrollment charter
4340	4340	school may operate a full-time hybrid campus or a full-time virtual
4341	4341	campus if authorized by the commissioner in accordance with this
4342	4342	section.
4343	4343	(b) The commissioner shall adopt rules establishing the
4344	4344	requirements for and process by which a school district or
4345	4345	open-enrollment charter school may apply for authorization to
4346	4346	operate a full-time hybrid campus or a full-time virtual campus.
4347	4347	The rules adopted by the commissioner may require certain written
4348	4348	application materials and interviews and shall require a school
4349	4349	district or open-enrollment charter school to:
4350	4350	(1) engage in a year of planning before offering a
4351	4351	course under this chapter to verify the course is designed in
4352	4352	accordance with high-quality criteria;
4353	4353	(2) develop an academic plan that incorporates:
4354	4354	(A) curriculum and instructional practices
4355	4355	aligned with the appropriate essential knowledge and skills
4356	4356	provided under Subchapter A, Chapter 28;
4357	4357	(B) monitoring of the progress of student
4358	4358	performance and interventions;
4359	4359	(C) a method for meeting the needs of and
4360	4360	complying with federal and state requirements for special
4361	4361	populations and at-risk students; and
4362	4362	(D) compliance with the requirements of this
4363	4363	chapter;
4364	4364	(3) develop an operations plan that addresses:
4365	4365	(A) staffing models;
4366	4366	(B) the designation of selected school leaders;
4367	4367	(C) professional development for staff;
4368	4368	(D) student and family engagement;
4369	4369	(E) school calendars and schedules;
4370	4370	(F) student enrollment eligibility;
4371	4371	(G) cybersecurity and student data privacy
4372	4372	measures; and
4373	4373	(H) any educational services to be provided by a
4374	4374	private or third party; and
4375	4375	(4) demonstrate the capacity to execute the district's
4376	4376	or school's plan successfully.
4377	4377	(c) A full-time hybrid campus or full-time virtual campus
4378	4378	authorized under this section must include:
4379	4379	(1) at least one grade level in which an assessment
4380	4380	instrument is required to be administered under Section 39.023(a)
4381	4381	or (c), including each subject or course for which an assessment
4382	4382	instrument is required in that grade level;
4383	4383	(2) sufficient grade levels, as determined by the
4384	4384	commissioner, to allow for the annual evaluation of the performance
4385	4385	of students who complete the courses offered; or
4386	4386	(3) for a campus that does not include grade levels
4387	4387	described by Subdivision (1) or (2), another performance evaluation
4388	4388	measure approved by the commissioner during the authorization
4389	4389	process.
4390	4390	(d) A campus approved under this subchapter may only apply
4391	4391	for and receive authorization to operate as a full-time hybrid
4392	4392	campus or a full-time virtual campus. A campus may not change its
4393	4393	operation designation during the authorization process or after the
4394	4394	campus is authorized.
4395	4395	(e) The commissioner may only authorize a school district or
4396	4396	open-enrollment charter school to operate a full-time hybrid campus
4397	4397	or a full-time virtual campus if the commissioner determines that
4398	4398	the authorization of the campus is likely to result in improved
4399	4399	student learning opportunities. If a district or school will use a
4400	4400	private or third party in operating the campus, the commissioner
4401	4401	shall consider the historical performance of the private or third
4402	4402	party, if known, in making a determination under this section.
4403	4403	(f) A determination made by the commissioner under this
4404	4404	section is final and not subject to appeal.
4405	4405	Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
4406	4406	by this section, the commissioner's authorization of a full-time
4407	4407	hybrid campus or full-time virtual campus under Section 30B.101
4408	4408	continues indefinitely.
4409	4409	(b) The commissioner shall revoke the authorization of a
4410	4410	full-time hybrid campus or full-time virtual campus if the campus
4411	4411	has been assigned, for the three preceding school years:
4412	4412	(1) a needs improvement or unacceptable performance
4413	4413	rating under Subchapter C, Chapter 39;
4414	4414	(2) a rating of performance that needs improvement or
4415	4415	unacceptable, as determined by the commissioner, on a performance
4416	4416	evaluation approved by the commissioner under Section
4417	4417	30B.101(c)(3); or
4418	4418	(3) any combination of the ratings described by
4419	4419	Subdivision (1) or (2).
4420	4420	(c) The commissioner may, based on a special investigation
4421	4421	conducted under Section 39.003:
4422	4422	(1) revoke an authorization of a full-time hybrid
4423	4423	campus or full-time virtual campus; or
4424	4424	(2) require any intervention authorized under that
4425	4425	section.
4426	4426	(d) If a private or third party is determined to be
4427	4427	ineligible under Section 30B.152, the commissioner shall revoke an
4428	4428	authorization of a full-time hybrid campus or full-time virtual
4429	4429	campus for which the private or third party acts as a whole program
4430	4430	virtual instruction provider, unless the commissioner approves a
4431	4431	request by the school district or open-enrollment charter school
4432	4432	that operates the campus to use an alternative private or third
4433	4433	party.
4434	4434	(e) An appeal by a school district or open-enrollment
4435	4435	charter school of a revocation of an authorization under this
4436	4436	chapter that results in the closure of a campus must be made under
4437	4437	Section 39A.301.
4438	4438	Sec. 30B.103. STUDENT ELIGIBILITY. (a) A student eligible
4439	4439	to enroll in a public school of this state is eligible to enroll at a
4440	4440	full-time hybrid campus.
4441	4441	(b) A student is eligible to enroll in a full-time virtual
4442	4442	campus if the student:
4443	4443	(1) attended a public school in this state for a
4444	4444	minimum of six weeks in the current school year or in the preceding
4445	4445	school year;
4446	4446	(2) is, in the school year in which the student first
4447	4447	seeks to enroll in the full-time virtual campus, enrolled in the
4448	4448	first grade or a lower grade level;
4449	4449	(3) was not required to attend public school in this
4450	4450	state due to nonresidency during the preceding school year;
4451	4451	(4) is a dependent of a member of the United States
4452	4452	military who has been deployed; or
4453	4453	(5) has been placed in substitute care in this state.
4454	4454	Sec. 30B.104. STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND
4455	4455	FULL-TIME VIRTUAL CAMPUSES. (a) A student enrolled in a school
4456	4456	district may not be compelled to enroll in a full-time hybrid or
4457	4457	full-time virtual campus. A school district must offer the option
4458	4458	for a student's parent to select in-person instruction for the
4459	4459	student.
4460	4460	(b) Notwithstanding Subsection (a) or Section 30B.052, an
4461	4461	open-enrollment charter school may require a student to attend a
4462	4462	full-time hybrid or full-time virtual campus.
4463	4463	Sec. 30B.105. CAMPUS DESIGNATIONS. The commissioner shall
4464	4464	determine and assign a unique campus designation number to each
4465	4465	full-time hybrid campus or full-time virtual campus authorized
4466	4466	under this subchapter.
4467	4467	Sec. 30B.106. FUNDING. (a) For purposes of calculating the
4468	4468	average daily attendance of students attending a full-time hybrid
4469	4469	campus or full-time virtual campus, the commissioner shall use the
4470	4470	number of full-time equivalent students enrolled in the full-time
4471	4471	hybrid or full-time virtual campus multiplied by the average
4472	4472	attendance rate of the school district or open-enrollment charter
4473	4473	school that offers the full-time hybrid or full-time virtual campus
4474	4474	not including any student enrolled full-time in a full-time hybrid
4475	4475	or full-time virtual campus. In the event that a reliable
4476	4476	attendance rate cannot be determined under this section, the
4477	4477	commissioner shall use the statewide average attendance rate.
4478	4478	(b) The commissioner shall provide proportionate funding to
4479	4479	the applicable school district or open-enrollment charter school
4480	4480	for a student that alternates attendance between a traditional,
4481	4481	in-person campus setting and the full-time hybrid or full-time
4482	4482	virtual campus of any single district or school in the same school
4483	4483	year.
4484	4484	SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS
4485	4485	Sec. 30B.151. NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)
4486	4486	A school district or open-enrollment charter school shall provide
4487	4487	notice to the commissioner of the use of or change in affiliation of
4488	4488	a private or third party acting as a whole program virtual
4489	4489	instruction provider for a full-time hybrid or full-time virtual
4490	4490	campus or program.
4491	4491	(b) Except as provided by Section 30B.152, a school district
4492	4492	or open-enrollment charter school may not use a private or third
4493	4493	party to act as a whole program virtual instruction provider if the
4494	4494	party has been determined to be ineligible under that section.
4495	4495	Sec. 30B.152. PRIVATE OR THIRD-PARTY ACCOUNTABILITY. (a)
4496	4496	The commissioner shall, to the extent feasible, evaluate the
4497	4497	performance of a private or third party acting as a whole program
4498	4498	virtual instruction provider for a school district or
4499	4499	open-enrollment charter school.
4500	4500	(b) The commissioner shall establish a standard to
4501	4501	determine if a private or third party is ineligible to act as a
4502	4502	whole program virtual instruction provider. A private or third
4503	4503	party determined to be ineligible under this section remains
4504	4504	ineligible until after the fifth anniversary of that determination.
4505	4505	(c) A school district or open-enrollment charter school may
4506	4506	use a private or third party determined to be ineligible under
4507	4507	Subsection (b) as a whole program virtual instruction provider if:
4508	4508	(1) the district or school requests approval from the
4509	4509	commissioner; and
4510	4510	(2) the commissioner determines that the reasons the
4511	4511	private or third party was declared ineligible under Subsection (b)
4512	4512	will not affect the operation of the party as a whole program
4513	4513	virtual instruction provider at the district or school.
4514	4514	SUBCHAPTER E. STATE SUPPORT
4515	4515	Sec. 30B.201. EDUCATOR PROFESSIONAL DEVELOPMENT. From
4516	4516	funds appropriated or otherwise available, the agency shall develop
4517	4517	professional development courses and materials aligned with
4518	4518	research-based practices for educators in providing high-quality
4519	4519	virtual education.
4520	4520	Sec. 30B.202. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
4521	4521	From funds appropriated or otherwise available, the agency shall
4522	4522	provide grants and technical assistance to school districts and
4523	4523	open-enrollment charter schools to aid in the establishment of
4524	4524	high-quality full-time hybrid or full-time virtual campuses.
4525	4525	SECTION 7.07. Section 33.009(d), Education Code, is amended
4526	4526	to read as follows:
4527	4527	(d) An academy developed under this section must provide
4528	4528	counselors and other postsecondary advisors with knowledge and
4529	4529	skills to provide counseling to students regarding postsecondary
4530	4530	success and productive career planning and must include information
4531	4531	relating to:
4532	4532	(1) each endorsement described by Section
4533	4533	28.025(c-1), including:
4534	4534	(A) the course requirements for each
4535	4535	endorsement; and
4536	4536	(B) the postsecondary educational and career
4537	4537	opportunities associated with each endorsement;
4538	4538	(2) available methods for a student to earn credit for
4539	4539	a course not offered at the school in which the student is enrolled,
4540	4540	including enrollment in a virtual [an electronic] course provided
4541	4541	[through the state virtual school network] under Chapter 30B [30A];
4542	4542	(3) general academic performance requirements for
4543	4543	admission to an institution of higher education, including the
4544	4544	requirements for automatic admission to a general academic teaching
4545	4545	institution under Section 51.803;
4546	4546	(4) regional workforce needs, including information
4547	4547	about the required education and the average wage or salary for
4548	4548	careers that meet those workforce needs; and
4549	4549	(5) effective strategies for engaging students and
4550	4550	parents in planning for postsecondary education and potential
4551	4551	careers, including participation in mentorships and business
4552	4552	partnerships.
4553	4553	SECTION 7.08. Subchapter A, Chapter 37, Education Code, is
4554	4554	amended by adding Section 37.0071 to read as follows:
4555	4555	Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
4556	4556	EXPULSION. (a) Except as provided by Subsection (b), before a
4557	4557	school district or open-enrollment charter school may expel a
4558	4558	student, the district or school shall consider the appropriateness
4559	4559	and feasibility of, as an alternative to expulsion, enrolling the
4560	4560	student in a full-time hybrid program, full-time virtual program,
4561	4561	full-time hybrid campus, or full-time virtual campus, as those
4562	4562	terms are defined in Section 30B.001.
4563	4563	(b) Subsection (a) does not apply to a student expelled
4564	4564	under Section 37.0081 or 37.007(a), (d), or (e).
4565	4565	SECTION 7.09. Section 48.005, Education Code, is amended by
4566	4566	adding Subsection (e-1) to read as follows:
4567	4567	(e-1) In a school year in which the occurrence of an
4568	4568	emergency or crisis, as defined by commissioner rule, causes a
4569	4569	statewide decrease in average daily attendance of school districts
4570	4570	entitled to funding under this chapter or, for an emergency or
4571	4571	crisis occurring only within a specific region of this state,
4572	4572	causes a regional decrease in the average daily attendance of
4573	4573	school districts located in the affected region, the commissioner
4574	4574	shall modify or waive requirements applicable to the affected
4575	4575	districts under this section and adopt appropriate safeguards as
4576	4576	necessary to ensure the continued support and maintenance of an
4577	4577	efficient system of public free schools and the continued delivery
4578	4578	of high-quality instruction under that system.
4579	4579	SECTION 7.10. Section 48.053(b), Education Code, is amended
4580	4580	to read as follows:
4581	4581	(b) A school district to which this section applies is
4582	4582	entitled to funding under this chapter as if the district were a
4583	4583	full-time hybrid campus or full-time virtual campus for purposes of
4584	4584	Section 30B.106 with [had] no tier one local share for purposes of
4585	4585	Section 48.256 for each student enrolled in the district:
4586	4586	(1) who resides in this state; or
4587	4587	(2) who:
4588	4588	(A) is a dependent of a member of the United
4589	4589	States military;
4590	4590	(B) was previously enrolled in school in this
4591	4591	state; and
4592	4592	(C) does not reside in this state due to a
4593	4593	military deployment or transfer.
4594	4594	SECTION 7.11. Section 48.104(f), Education Code, is amended
4595	4595	to read as follows:
4596	4596	(f) A student receiving a full-time virtual education
4597	4597	provided through a full-time virtual campus under Chapter 30B shall
4598	4598	[through the state virtual school network may] be included in
4599	4599	determining the number of students who are educationally
4600	4600	disadvantaged and reside in an economically disadvantaged census
4601	4601	block group under Subsection (b) or (e), as applicable[, if the
4602	4602	school district submits to the commissioner a plan detailing the
4603	4603	enhanced services that will be provided to the student and the
4604	4604	commissioner approves the plan].
4605	4605	SECTION 7.12. Section 48.111, Education Code, is amended by
4606	4606	amending Subsection (b) and adding Subsection (b-1) to read as
4607	4607	follows:
4608	4608	(b) For purposes of Subsection (a), in determining the
4609	4609	number of students enrolled in a school district, the commissioner
4610	4610	shall exclude students enrolled in the district who receive
4611	4611	full-time instruction provided through a full-time virtual campus
4612	4612	under Chapter 30B [through the state virtual school network under
4613	4613	Chapter 30A].
4614	4614	(b-1) For purposes of Subsection (a), in determining the
4615	4615	number of students enrolled in a school district, the commissioner
4616	4616	shall exclude students enrolled in the district who receive
4617	4617	full-time instruction through the state virtual school network
4618	4618	under Chapter 30A as that chapter existed on September 1, 2023.
4619	4619	This subsection expires September 1, 2029.
4620	4620	SECTION 7.13. The following provisions of the Education
4621	4621	Code are repealed:
4622	4622	(1) Section 26.0031(f); and
4623	4623	(2) Chapter 30A.
4624	4624	SECTION 7.14. (a) Notwithstanding the repeal by this
4625	4625	article of Chapter 30A, Education Code, a school district or
4626	4626	open-enrollment charter school providing an electronic course or a
4627	4627	full-time program through the state virtual school network in
4628	4628	accordance with Chapter 30A, Education Code, as that law existed
4629	4629	immediately before the effective date of this article, may, except
4630	4630	as provided by Subsection (b) of this section, continue to provide
4631	4631	that course or full-time program as if that chapter were still in
4632	4632	effect until the end of the 2025-2026 school year.
4633	4633	(b) The funding provided to a school district or
4634	4634	open-enrollment charter school for a student enrolled in an
4635	4635	electronic course or full-time program offered through the state
4636	4636	virtual school network in accordance with Chapter 30A, Education
4637	4637	Code, as that law existed immediately before the effective date of
4638	4638	this article, shall be determined, as applicable, under Section
4639	4639	30B.007 or 30B.106, Education Code, as added by this article.
4640	4640	SECTION 7.15. The commissioner of education shall adopt
4641	4641	rules providing an expedited authorization process for a school
4642	4642	district or open-enrollment charter school that applies to operate
4643	4643	a full-time hybrid campus or a full-time virtual campus under
4644	4644	Chapter 30B, Education Code, as added by this article, if the
4645	4645	district or school, as of the effective date of this article:
4646	4646	(1) operates an electronic course or full-time program
4647	4647	through the state virtual school network in accordance with Chapter
4648	4648	30A, Education Code, as that law existed immediately before the
4649	4649	effective date of this article; or
4650	4650	(2) operates a virtual education program, regardless
4651	4651	of whether the district or school received funding for students
4652	4652	enrolled in the program during the 2022-2023 or 2023-2024 school
4653	4653	year.
4654	4654	SECTION 7.16. This article takes effect immediately if this
4655	4655	Act receives a vote of two-thirds of all the members elected to each
4656	4656	house, as provided by Section 39, Article III, Texas Constitution.
4657	4657	If this Act does not receive the vote necessary for immediate
4658	4658	effect, this article takes effect on the 91st day after the last day
4659	4659	of the legislative session.
4660	4660	ARTICLE 8. CHANGES RELATED TO ACCOUNTABILITY
4661	4661	SECTION 8.01. Subchapter A, Chapter 39, Education Code, is
4662	4662	amended by adding Section 39.008 to read as follows:
4663	4663	Sec. 39.008. EXPIRATION OF CHAPTER. This chapter expires
4664	4664	August 31, 2026.
4665	4665	SECTION 8.02. Subchapter C, Chapter 39, Education Code, is
4666	4666	amended by adding Section 39.0521 to read as follows:
4667	4667	Sec. 39.0521. TEMPORARY PROVISION: ASSIGNMENT OF
4668	4668	PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a)
4669	4669	Notwithstanding any other law, for the 2023-2024, 2024-2025, and
4670	4670	2025-2026 school years, the commissioner shall use the indicators,
4671	4671	standards, procedures, criteria, and calculations prescribed by
4672	4672	the 2022 Accountability Manual, adopted under 19 T.A.C. Section
4673	4673	97.1001, as that rule existed on September 1, 2023, to:
4674	4674	(1) evaluate school district and campus performance
4675	4675	and assign each district and campus a performance rating; and
4676	4676	(2) score assessment instruments administered under
4677	4677	Subchapter B.
4678	4678	(b) The agency shall receive a direct appropriation from the
4679	4679	legislature for any additional costs for scoring the assessment
4680	4680	instruments administered under Subchapter B in the manner described
4681	4681	by Subsection (a)(2).
4682	4682	(c) This section expires August 31, 2026.
4683	4683	SECTION 8.03. Section 39.053, Education Code, is amended by
4684	4684	amending Subsection (c) and adding Subsections (c-4), (c-5), and
4685	4685	(c-6) to read as follows:
4686	4686	(c) School districts and campuses must be evaluated based on
4687	4687	three domains of indicators of achievement adopted under this
4688	4688	section that include:
4689	4689	(1) in the student achievement domain, indicators of
4690	4690	student achievement that must include:
4691	4691	(A) for evaluating the performance of districts
4692	4692	and campuses generally:
4693	4693	(i) an indicator that accounts for the
4694	4694	results of assessment instruments required under Sections
4695	4695	39.023(a), (c), and (l), as applicable for the district and campus,
4696	4696	including the results of assessment instruments required for
4697	4697	graduation retaken by a student, aggregated across grade levels by
4698	4698	subject area, including:
4699	4699	(a) for the performance standard
4700	4700	determined by the commissioner under Section 39.0241(a), the
4701	4701	percentage of students who performed satisfactorily on the
4702	4702	assessment instruments, aggregated across grade levels by subject
4703	4703	area; and
4704	4704	(b) for the college readiness
4705	4705	performance standard as determined under Section 39.0241, the
4706	4706	percentage of students who performed satisfactorily on the
4707	4707	assessment instruments, aggregated across grade levels by subject
4708	4708	area; and
4709	4709	(ii) an indicator that accounts for the
4710	4710	results of assessment instruments required under Section
4711	4711	39.023(b), as applicable for the district and campus, including the
4712	4712	percentage of students who performed satisfactorily on the
4713	4713	assessment instruments, as determined by the performance standard
4714	4714	adopted by the agency, aggregated across grade levels by subject
4715	4715	area; and
4716	4716	(B) for evaluating the performance of high school
4717	4717	campuses and districts that include high school campuses,
4718	4718	indicators that account for:
4719	4719	(i) students who satisfy the Texas Success
4720	4720	Initiative (TSI) college readiness benchmarks prescribed by the
4721	4721	Texas Higher Education Coordinating Board under Section 51.334 on
4722	4722	an assessment instrument in reading or mathematics designated by
4723	4723	the coordinating board under that section;
4724	4724	(ii) students who satisfy relevant
4725	4725	performance standards on advanced placement tests or similar
4726	4726	assessments;
4727	4727	(iii) students who earn dual course credits
4728	4728	in the dual credit courses;
4729	4729	(iv) students who demonstrate military
4730	4730	readiness by:
4731	4731	(a) enlisting [enlist] in the armed
4732	4732	forces of the United States or the Texas National Guard;
4733	4733	(b) achieving a passing score set by
4734	4734	the applicable military branch on the Armed Services Vocational
4735	4735	Aptitude Battery test; or
4736	4736	(c) successfully completing a Junior
4737	4737	Reserve Officer Training Corps program;
4738	4738	(v) students who earn industry
4739	4739	certifications;
4740	4740	(vi) students admitted into postsecondary
4741	4741	industry certification programs that require as a prerequisite for
4742	4742	entrance successful performance at the secondary level;
4743	4743	(vii) students whose successful completion
4744	4744	of a course or courses under Section 28.014 indicates the student's
4745	4745	preparation to enroll and succeed, without remediation, in an
4746	4746	entry-level general education course for a baccalaureate degree or
4747	4747	associate degree;
4748	4748	(viii) students who successfully met
4749	4749	standards on a composite of indicators that through research
4750	4750	indicates the student's preparation to enroll and succeed, without
4751	4751	remediation, in an entry-level general education course for a
4752	4752	baccalaureate degree or associate degree;
4753	4753	(ix) high school graduation rates, computed
4754	4754	in accordance with standards and definitions adopted in compliance
4755	4755	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
4756	4756	subject to the exclusions provided by Subsections (g), (g-1),
4757	4757	(g-2), (g-3), and (g-4);
4758	4758	(x) students who successfully completed an
4759	4759	OnRamps dual enrollment course;
4760	4760	(xi) students who successfully completed a
4761	4761	practicum or internship approved by the State Board of Education;
4762	4762	(xii) students who are awarded an associate
4763	4763	degree; and
4764	4764	(xiii) students who successfully completed
4765	4765	a program of study in career and technical education;
4766	4766	(2) in the school progress domain, indicators for
4767	4767	effectiveness in promoting student learning, which must include:
4768	4768	(A) for assessment instruments, including
4769	4769	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
4770	4770	percentage of students who met the standard for improvement, as
4771	4771	determined by the commissioner; and
4772	4772	(B) for evaluating relative performance, the
4773	4773	performance of districts and campuses compared to similar districts
4774	4774	or campuses; and
4775	4775	(3) in the closing the gaps domain, the use of
4776	4776	disaggregated data to demonstrate the differentials among students
4777	4777	from different racial and ethnic groups, socioeconomic
4778	4778	backgrounds, and other factors, including:
4779	4779	(A) students formerly receiving special
4780	4780	education services;
4781	4781	(B) students continuously enrolled; and
4782	4782	(C) students who are mobile.
4783	4783	(c-4) The agency shall study the college, career, and
4784	4784	military readiness indicators adopted under Subsection (c) to
4785	4785	determine the correlation of each indicator with post-secondary
4786	4786	success, including the correlation of industry certifications with
4787	4787	wages and available jobs. The assignment of value for an indicator
4788	4788	must be based on the strength of the indicator's correlation with
4789	4789	successful outcomes.
4790	4790	(c-5) The agency shall maintain a list of industry
4791	4791	certifications that are eligible for purposes of Subsection
4792	4792	(c)(1)(B)(v). The certifications must:
4793	4793	(1) be aligned to a program of study that, according to
4794	4794	labor market data, prepares students for high-wage, high-skill,
4795	4795	in-demand occupations;
4796	4796	(2) allow students to demonstrate mastery of the
4797	4797	skills required for occupations within an approved program of
4798	4798	study; and
4799	4799	(3) be obtained through an assessment of the knowledge
4800	4800	and skills provided by or determined by an independent, third-party
4801	4801	certifying entity using predetermined standards for knowledge,
4802	4802	skills, and competencies.
4803	4803	(c-6) The agency shall determine the eligibility of
4804	4804	industry certifications under Subsection (c-5) using the most
4805	4805	current labor market information. A certification the agency
4806	4806	determines is no longer eligible for purposes of Subsection
4807	4807	(c)(1)(B)(v) shall be removed from the list maintained under
4808	4808	Subsection (c-5) not later than four years after the date the agency
4809	4809	makes the determination. During the four years following an
4810	4810	agency's determination under this subsection that an industry
4811	4811	certification is no longer eligible for purposes of Subsection
4812	4812	(c)(1)(B)(v), a school district may receive the benefit of
4813	4813	achievement indicators based on that industry certification for
4814	4814	purposes of Subsection (c) only for a cohort of students who earn
4815	4815	the industry certification and graduate within the four-year
4816	4816	period.
4817	4817	SECTION 8.04. Section 39.0541, Education Code, is amended
4818	4818	to read as follows:
4819	4819	Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
4820	4820	commissioner may adopt indicators and standards under this
4821	4821	subchapter at any time [during a school year] before issuing the
4822	4822	evaluation of a school district or campus for a school year.
4823	4823	SECTION 8.05. Section 39.0542(a), Education Code, is
4824	4824	amended to read as follows:
4825	4825	(a) The [Each school year, the] commissioner shall provide
4826	4826	each school district a document in a simple, accessible format that
4827	4827	explains the accountability performance measures, methods, and
4828	4828	procedures that will be applied [for that school year] in assigning
4829	4829	each school district and campus a performance rating under Section
4830	4830	39.054.
4831	4831	SECTION 8.06. Subchapter H, Chapter 39, Education Code, is
4832	4832	amended by adding Section 39.231 to read as follows:
4833	4833	Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) With
4834	4834	funds appropriated or otherwise available for the purpose, the
4835	4835	agency shall establish a grant program with capacity to assist at
4836	4836	least one school district per education service center region in
4837	4837	developing local accountability systems that comply with the
4838	4838	requirements of Section 39.0544.
4839	4839	(b) The commissioner shall adopt rules to implement this
4840	4840	section.
4841	4841	SECTION 8.07. Chapter 39, Education Code, is amended by
4842	4842	adding Subchapter N to read as follows:
4843	4843	SUBCHAPTER N. TEXAS COMMISSION ON ASSESSMENT AND ACCOUNTABILITY
4844	4844	Sec. 39.451. DEFINITION. In this subchapter, "commission"
4845	4845	means the Texas Commission on Assessment and Accountability.
4846	4846	Sec. 39.452. TEXAS COMMISSION ON ASSESSMENT AND
4847	4847	ACCOUNTABILITY. (a) The commission is established to develop and
4848	4848	make recommendations for:
4849	4849	(1) improvements to the current public school
4850	4850	assessment and accountability systems; and
4851	4851	(2) the adoption of a new assessment and
4852	4852	accountability system as provided by the Every Student Succeeds Act
4853	4853	(20 U.S.C. Section 6301 et seq.).
4854	4854	(b) The commission is composed of 15 members, consisting of:
4855	4855	(1) four members appointed by the governor;
4856	4856	(2) five members appointed by the lieutenant governor;
4857	4857	(3) five members appointed by the speaker of the house
4858	4858	of representatives; and
4859	4859	(4) a member of the State Board of Education, as
4860	4860	designated by the chair of that board.
4861	4861	(c) The members appointed by the governor must have an
4862	4862	interest in public education and include at least:
4863	4863	(1) one person who is a current or retired classroom
4864	4864	teacher with at least 10 years of teaching experience;
4865	4865	(2) one person who is a member of the business
4866	4866	community; and
4867	4867	(3) one person who is a member of the civic community.
4868	4868	(d) The appointments made by the lieutenant governor and the
4869	4869	speaker of the house of representatives must each consist of:
4870	4870	(1) three members of the applicable legislative
4871	4871	chamber;
4872	4872	(2) an administrator in the public school system or an
4873	4873	elected member of the board of trustees of a school district; and
4874	4874	(3) a member of the public who works in public
4875	4875	education with experience in the assessment and accountability
4876	4876	system.
4877	4877	(e) In making appointments under Subsections (b)(1), (2),
4878	4878	and (3), the governor, lieutenant governor, and speaker of the
4879	4879	house of representatives shall coordinate to ensure that the
4880	4880	membership of the commission reflects, to the extent possible, the
4881	4881	ethnic and geographic diversity of this state.
4882	4882	Sec. 39.453. PRESIDING OFFICER. The governor shall
4883	4883	designate the presiding officer of the commission.
4884	4884	Sec. 39.454. COMPENSATION AND REIMBURSEMENT. A member of
4885	4885	the commission is not entitled to compensation for service on the
4886	4886	commission but is entitled to reimbursement for actual and
4887	4887	necessary expenses incurred in performing commission duties.
4888	4888	Sec. 39.455. ADMINISTRATIVE SUPPORT AND FUNDING. (a) One
4889	4889	full-time employee of the agency shall provide administrative
4890	4890	support for the commission. Funding for the full-time employee
4891	4891	shall be provided by legislative appropriation not to exceed
4892	4892	$100,000 made to the agency for that purpose.
4893	4893	(b) Funding for the administrative and operational expenses
4894	4894	of the commission shall be provided by legislative appropriation
4895	4895	not to exceed $100,000 made to the agency for that purpose.
4896	4896	Sec. 39.456. RECOMMENDATIONS. (a) The commission shall
4897	4897	develop recommendations under this subchapter to address issues
4898	4898	related to the public school statewide assessment and
4899	4899	accountability system, including:
4900	4900	(1) the purpose of the assessment and accountability
4901	4901	system and the relationship between state and local accountability
4902	4902	in that system;
4903	4903	(2) the appropriate number of assessments per grade
4904	4904	level that comply with federal requirements;
4905	4905	(3) changes in policy regarding the assessment and
4906	4906	accountability system necessary to meet the needs of the state;
4907	4907	(4) grading systems and the impact that those systems
4908	4908	will have on the assessment and accountability system, including
4909	4909	the use of artificial intelligence in grading systems;
4910	4910	(5) the development and use of additional
4911	4911	research-based indicators for the assessment and accountability
4912	4912	system; and
4913	4913	(6) the adoption of an assessment and accountability
4914	4914	system that meets the needs of the 21st-century student.
4915	4915	(b) The commission may establish one or more working groups
4916	4916	composed of not more than five members of the commission to study,
4917	4917	discuss, and address specific policy issues and recommendations to
4918	4918	refer to the commission for consideration.
4919	4919	Sec. 39.457. REPORT. Not later than December 31, 2024, the
4920	4920	commission shall prepare and deliver a report to the governor and
4921	4921	the legislature that recommends statutory changes to improve the
4922	4922	public school assessment and accountability system, including any
4923	4923	adjustments to funding necessary to account for student
4924	4924	demographics.
4925	4925	Sec. 39.458. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
4926	4926	The commission may hold public meetings as needed to fulfill its
4927	4927	duties under this subchapter.
4928	4928	(b) The commission is subject to Chapters 551 and 552,
4929	4929	Government Code.
4930	4930	Sec. 39.459. COMMISSION ABOLISHED; EXPIRATION OF
4931	4931	SUBCHAPTER. The commission is abolished and this subchapter
4932	4932	expires January 7, 2025.
4933	4933	SECTION 8.08. (a) Notwithstanding any other law, the
4934	4934	commissioner of education may not assign A through F ratings,
4935	4935	domain-scaled scores, or overall scaled scores to an independent
4936	4936	school district or district campus under Chapter 39, Education
4937	4937	Code, for the 2022-2023 school year.
4938	4938	(b) Notwithstanding Subchapter B, Chapter 2001, Government
4939	4939	Code, the commissioner of education may, using abbreviated notice
4940	4940	as determined practicable by the commissioner and without a public
4941	4941	hearing, but with input from the legislature, adopt rules for
4942	4942	determining the accountability of public schools for the 2022-2023
4943	4943	school year.
4944	4944	SECTION 8.09. This article takes effect on the 91st day
4945	4945	after the last day of the legislative session.