Texas 2023 - 88th 3rd C.S.

Texas House Bill HB82 Compare Versions

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1	1	By: Schaefer H.B. No. 82
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a parent-directed supplemental services and
7	7	instructional materials program for public school students;
8	8	authorizing a fee.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 29, Education Code, is amended by adding
11	11	Subchapter R to read as follows:
12	12	SUBCHAPTER R. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
13	13	Sec. 29.751. DEFINITIONS. In this subchapter:
14	14	(1) "Parent" has the meaning assigned by Section
15	15	29.041.
16	16	(2) "Supplemental instructional materials" includes
17	17	textbooks, computer hardware or software, other technological
18	18	devices, and other materials suitable for addressing an educational
19	19	need of a public school student.
20	20	(3) "Supplemental services" means an additive service
21	21	that provides an educational benefit to a public school student
22	22	including:
23	23	(A) virtual, advanced, and trade-related
24	24	programs;
25	25	(B) extracurricular activities;
26	26	(C) private tutoring and other supplemental
27	27	private instruction or programs; and
28	28	(D) college credit.
29	29	Sec. 29.752. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
30	30	(a) The agency by rule shall establish and administer a
31	31	parent-directed program for public school students through which a
32	32	parent of a student who meets the eligibility requirements for
33	33	participation in the program may select supplemental services and
34	34	supplemental instructional materials for use by the parent's
35	35	student. From funds appropriated for the purpose, the agency shall
36	36	provide each student approved for participation in the program
37	37	under this subchapter a grant as provided by Section 48.305 to
38	38	purchase supplemental services and supplemental instructional
39	39	materials.
40	40	(b) In administering the program, the agency shall maintain
41	41	a system of online accounts to provide to an eligible student's
42	42	parent access to the grant described by Subsection (a).
43	43	(c) The agency shall designate one or more regional
44	44	education service centers to administer the program under this
45	45	section.
46	46	(d) The agency shall establish a procedure by which a
47	47	student may initiate a transfer of control of the account, from the
48	48	parent to the student, for the use of unexpended money in the
49	49	account at the time of the student's graduation in accordance with
50	50	Section 29.756(d).
51	51	Sec. 29.753. APPLICATION FOR GRANT ON BEHALF OF STUDENT.
52	52	The agency shall establish an application process for an eligible
53	53	student's parent to apply for a grant held in an online account
54	54	maintained under Section 29.752(b) and assigned to the student
55	55	under Section 29.755.
56	56	Sec. 29.754. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
57	57	shall establish eligibility criteria for the approval of an
58	58	application submitted under Section 29.753. The criteria must
59	59	require that the student be enrolled in the current school year at a
60	60	school district or open-enrollment charter school.
61	61	(b) The eligibility criteria established under this section
62	62	must also prioritize students for whom a school district or
63	63	open-enrollment charter school is entitled to the compensatory
64	64	education allotment under Section 48.104.
65	65	(c) A student may receive a grant once under this subchapter
66	66	while enrolled in kindergarten through grade 12. A student may
67	67	receive an additional grant under this subchapter if the
68	68	legislature appropriates money for that purpose.
69	69	Sec. 29.755. APPROVAL OF APPLICATION; ASSIGNMENT OF
70	70	ACCOUNT. The agency shall approve each student who meets the
71	71	program eligibility criteria established under Section 29.754 and
72	72	assign to the student an account maintained under Section
73	73	29.752(b). The account may only be used by the student's parent or
74	74	the student as provided by Section 29.752(d) to purchase
75	75	supplemental services or supplemental instructional materials for
76	76	the student, subject to Sections 29.756 and 29.757.
77	77	Sec. 29.756. ACCOUNT USE RESTRICTION. (a) Money in an
78	78	account assigned to a student under Section 29.755 may be used only
79	79	for supplemental services, supplemental instructional materials,
80	80	and expenditures for tuition and fees as authorized under
81	81	Subsection (d).
82	82	(b) Any supplemental services purchased under the program
83	83	under this subchapter must be provided by an agency-approved
84	84	provider.
85	85	(c) If the agency has approved vendors for a category of
86	86	supplemental instructional materials under Section 29.757,
87	87	supplemental instructional materials must be purchased from an
88	88	agency-approved vendor for that category of supplemental
89	89	instructional materials. If the agency does not establish criteria
90	90	for agency approval for a category of supplemental instructional
91	91	materials, money in the student's account may be used to purchase
92	92	the supplemental instructional materials from any vendor.
93	93	(d) The commissioner by rule shall authorize the use of
94	94	money in an account assigned to a student under Section 29.755 to be
95	95	spent on tuition and fees at an institution of higher education or
96	96	private or independent institution of higher education, including
97	97	any unexpended money in a student's account at the time of the
98	98	student's graduation. Any remaining unexpended money in a
99	99	student's account on the sixth anniversary of the student's
100	100	graduation shall be returned to the agency for purposes of the
101	101	program.
102	102	Sec. 29.757. AGENCY-APPROVED PROVIDERS AND VENDORS:
103	103	CRITERIA AND APPLICATION. (a) The agency shall establish criteria
104	104	necessary for agency approval for each category of provider of a
105	105	professional service that is a supplemental service, as identified
106	106	by the agency.
107	107	(b) The criteria established under this section must
108	108	require a provider of a category of professional service to be
109	109	appropriately licensed or accredited in this state to provide that
110	110	service.
111	111	(c) The agency shall provide a procedure for providers of
112	112	supplemental services to apply to the agency to become an
113	113	agency-approved provider.
114	114	(d) The agency may establish criteria for agency approval of
115	115	vendors for each category of supplemental instructional materials
116	116	identified by the agency.
117	117	(e) If the agency establishes criteria for agency approval
118	118	for a vendor of a category of supplemental instructional materials,
119	119	the agency shall provide a procedure for vendors of that category to
120	120	apply to the agency to become an agency-approved vendor.
121	121	Sec. 29.758. PUBLIC SCHOOL PROVIDERS. A school district or
122	122	open-enrollment charter school provider approved under Section
123	123	29.757 may charge a fee for supplemental instructional materials or
124	124	supplemental services provided to a student under this subchapter
125	125	that otherwise would not have been provided to the student by the
126	126	district or school.
127	127	Sec. 29.759. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
128	128	DUTIES. (a) A student's admission, review, and dismissal
129	129	committee shall develop a student's individualized education
130	130	program under Section 29.005, in compliance with the Individuals
131	131	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
132	132	without consideration of any supplemental services or supplemental
133	133	instructional materials that may be provided under the program
134	134	under this subchapter.
135	135	(b) Unless the district determines that an account has been
136	136	assigned to the student under Section 29.045, the admission,
137	137	review, and dismissal committee of a student approved for
138	138	participation in the program shall provide to the student's parent
139	139	at an admission, review, and dismissal committee meeting for the
140	140	student:
141	141	(1) information regarding the types of supplemental
142	142	services or supplemental instructional materials available under
143	143	the program and provided by agency-approved providers for which an
144	144	account maintained under Section 29.752(b) for the student may be
145	145	used; and
146	146	(2) instructions regarding accessing an account
147	147	described by Subdivision (1).
148	148	Sec. 29.760. DETERMINATION OF COMMISSIONER FINAL.
149	149	Notwithstanding Section 7.057, a determination of the commissioner
150	150	under this subchapter is final and may not be appealed.
151	151	Sec. 29.761. RULES. The commissioner shall adopt rules as
152	152	necessary to administer the supplemental services and
153	153	instructional materials program under this subchapter.
154	154	SECTION 2. Subchapter G, Chapter 48, Education Code, is
155	155	amended by adding Section 48.305 to read as follows:
156	156	Sec. 48.305. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
157	157	GRANT. (a) A student to whom the agency awards a grant under
158	158	Subchapter R, Chapter 29, is entitled to receive a grant equal to
159	159	$1,000 or a greater amount provided by appropriation.
160	160	(b) The agency shall use money appropriated to the agency
161	161	for purposes of this section to award grants under Subchapter R,
162	162	Chapter 29.
163	163	SECTION 3. Not later than December 1, 2023, the
164	164	commissioner of education shall adopt all rules necessary for the
165	165	establishment and administration of the parent-directed
166	166	supplemental services program required under Subchapter R, Chapter
167	167	29, Education Code, as added by this Act.
168	168	SECTION 4. This Act takes effect immediately if it receives
169	169	a vote of two-thirds of all the members elected to each house, as
170	170	provided by Section 39, Article III, Texas Constitution. If this
171	171	Act does not receive the vote necessary for immediate effect, this
172	172	Act takes effect on the 91st day after the last day of the
173	173	legislative session.