88S40070 MM-D
By: Buckley H.B. No. 1
A BILL TO BE ENTITLED
AN ACT
relating to primary and secondary education, including the
certification, compensation, and health coverage of certain public
school employees, the public school finance system, special
education in public schools, the establishment of an education
savings account program, measures to support the education of
public school students that include certain educational grant
programs, reading instruction, and early childhood education, the
provision of virtual education, and public school accountability.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. CHANGES RELATED TO PUBLIC SCHOOL EDUCATORS EFFECTIVE FOR
2024-2025 SCHOOL YEAR
SECTION 1.01. Section 19.009(d-2), Education Code, is
amended to read as follows:
(d-2) Beginning with the 2009-2010 school year, the
district shall increase the [monthly] salary of each classroom
teacher, full-time speech pathologist, full-time librarian,
full-time school counselor certified under Subchapter B, Chapter
21, and full-time school nurse employed by the district by the
greater of:
(1) $80 per month; or
(2) the maximum uniform amount per month that, when
combined with any resulting increases in the amount of
contributions made by the district for social security coverage for
the specified employees or by the district on behalf of the
specified employees under Section 825.405, Government Code, may be
provided using an amount equal to the product of $60 multiplied by
the number of students in weighted average daily attendance in the
district during the 2009-2010 school year.
SECTION 1.02. Subchapter A, Chapter 21, Education Code, is
amended by adding Section 21.010 to read as follows:
Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
shall collect data from school districts and open-enrollment
charter schools for the recruitment and retention of classroom
teachers, including the classification, grade level, subject area,
duration, and other relevant information regarding vacant teaching
positions in a district or school. The data may be collected using
the Public Education Information Management System (PEIMS) or
another reporting mechanism specified by the agency.
SECTION 1.03. Subchapter B, Chapter 21, Education Code, is
amended by adding Section 21.0411 to read as follows:
Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
Section 21.041(c), the board shall, for a person applying for a
certification to teach established under this subchapter, waive:
(1) a certification examination fee imposed by the
board for the first administration of the examination to the
person; and
(2) a fee associated with the application for
certification by the person.
(b) The board shall pay to a vendor that administers a
certification examination required for certification to teach
under this subchapter a fee assessed by that vendor for the
examination of a person applying for a certification to teach
established under this subchapter for the first administration of
the examination to the person.
SECTION 1.04. Section 21.054, Education Code, is amended by
amending Subsections (a) and (i) and adding Subsection (i-1) to
read as follows:
(a) The board shall propose rules establishing a process for
identifying continuing education courses and programs that fulfill
educators' continuing education requirements, including
opportunities for educators to receive micro-credentials, as
provided by Subsection (i), in:
(1) fields of study related to the educator's
certification class; or
(2) digital teaching [as provided by Subsection (i)].
(i) The board shall propose rules establishing a program to
issue micro-credentials in fields of study related to an educator's
certification class or in digital teaching. The agency shall
approve continuing education providers to offer micro-credential
courses. A micro-credential received by an educator shall be
recorded on the agency's Educator Certification Online System
(ECOS) and included as part of the educator's public certification
records.
(i-1) In proposing rules under Subsection (i) for
micro-credentials related to digital teaching, the board shall
engage relevant stakeholders.
SECTION 1.05. Section 21.105, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher
employed under a probationary contract who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a probationary contract and leaves
the employment of the district after the 45th day before the first
day of instruction for the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 1.06. Section 21.160, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a continuing contract that obligates the district
to employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a continuing contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 1.07. Section 21.210, Education Code, is amended by
amending Subsection (c) and adding Subsection (g) to read as
follows:
(c) Subject to Subsections (e), [and] (f), and (g), on
written complaint by the employing district, the State Board for
Educator Certification may impose sanctions against a teacher who
is employed under a term contract that obligates the district to
employ the person for the following school year and who:
(1) resigns;
(2) fails without good cause to comply with Subsection
(a) or (b); and
(3) fails to perform the contract.
(g) The State Board for Educator Certification may not
impose a sanction under Subsection (c) against a teacher who
relinquishes a position under a term contract and leaves the
employment of the district after the 45th day before the first day
of instruction of the upcoming school year in violation of
Subsection (a) and without the consent of the board of trustees
under Subsection (b) if the teacher's failure to comply with
Subsection (a) was due to:
(1) a serious illness or health condition of the
teacher or a close family member of the teacher;
(2) the teacher's relocation because the teacher's
spouse or a partner who resides with the teacher changes employers;
(3) a significant change in the needs of the teacher's
family in a manner that requires the teacher to:
(A) relocate; or
(B) forgo employment during a period of required
employment under the teacher's contract; or
(4) the teacher's reasonable belief that the teacher
had written permission from the school district's administration to
resign.
SECTION 1.08. Section 21.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (f) to read as
follows:
(a) Except as provided by Subsection (f), not [Not] later
than the 60th day after the date on which the commissioner receives
a teacher's written request for a hearing, the hearing examiner
shall complete the hearing and make a written recommendation that:
(1) includes proposed findings of fact and conclusions
of law; and
(2) may include a proposal for granting relief.
(f) The hearing examiner may dismiss a hearing before
completing the hearing or making a written recommendation if:
(1) the teacher requests the dismissal;
(2) the school district withdraws the proposed
decision that is the basis of the hearing; or
(3) the teacher and school district request the
dismissal after reaching a settlement regarding the proposed
decision that is the basis of the hearing.
SECTION 1.09. Subchapter H, Chapter 21, Education Code, is
amended by adding Section 21.3522 to read as follows:
Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
GRANT PROGRAM. (a) From funds appropriated or otherwise
available for the purpose, the agency shall establish and
administer a grant program to provide money and technical
assistance to:
(1) expand implementation of local optional teacher
designation systems under Section 21.3521; and
(2) increase the number of classroom teachers eligible
for a designation under that section.
(b) A grant awarded under this section must:
(1) meet the needs of individual school districts; and
(2) enable regional leadership capacity.
(c) The commissioner may adopt rules to establish and
administer the grant program under this section.
SECTION 1.10. Section 21.402, Education Code, is amended by
amending Subsections (a) and (g) and adding Subsections (a-1),
(c-2), (i), (j), and (k) to read as follows:
(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a
school district must pay each employee who is employed as a
classroom teacher, full-time librarian, full-time school counselor
certified under Subchapter B, or full-time school nurse not less
than the highest annual minimum [minimum monthly] salary described
by the following schedule applicable to [, based on] the employee's
certification, if any, and years [level] of experience:
(1) for an employee with less than five years of
experience who:
(A) holds no certification $35,000;
(B) holds a teacher intern, teacher trainee, or
probationary certificate issued under Subchapter B $37,000;
(C) holds the base certificate required under
Section 21.003(a) for employment in the employee's position other
than a certificate described by Paragraph (B) $40,000;
(D) holds a designation under Section 21.3521
$43,000; or
(E) holds a residency educator certificate or has
successfully completed a residency partnership program under
Subchapter R $43,000;
(2) for an employee with at least five years of
experience who holds:
(A) no certification $45,000;
(B) a teacher intern, teacher trainee, or
probationary certificate issued under Subchapter B $47,000;
(C) the base certificate required under Section
21.003(a) for employment in the employee's position other than a
certificate described by Paragraph (B) $50,000; or
(D) a designation under Section 21.3521
$53,000; or
(3) for an employee with at least 10 years of
experience who holds:
(A) no certification $55,000;
(B) a teacher intern, teacher trainee, or
probationary certificate issued under Subchapter B $57,000;
(C) the base certificate required under Section
21.003(a) for employment in the employee's
position . . .. $60,000; or
(D) a designation under Section 21.3521
$63,000 [in addition to other factors, as determined by
commissioner rule, determined by the following formula:
[MS = SF x FS
[where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of the basic allotment as provided by Section
48.051(a) or (b) for a school district with a maintenance and
operations tax rate at least equal to the state maximum compressed
tax rate, as defined by Section 48.051(a)].
(a-1) For purposes of Subsection (a), a full-time school
nurse is considered to hold the base certificate required under
Section 21.003(a) for employment as a school nurse, regardless of
the other certifications held by the nurse.
(c-2) A school district is not required to pay an employee
who is employed as a classroom teacher, full-time librarian,
full-time school counselor certified under Subchapter B, or
full-time school nurse the minimum salary required under Subsection
(a) for the school year following a school year during which the
district reviews the employee's performance and finds the
employee's performance unsatisfactory.
(g) The commissioner may adopt rules to govern the
application of this section, including rules that:
(1) require the payment of a minimum salary under this
section to a person employed in more than one capacity for which a
minimum salary is provided and whose combined employment in those
capacities constitutes full-time employment; and
(2) specify the credentials a person must hold to be
considered a [speech pathologist or] school nurse under this
section.
(i) A school district that increases employee compensation
in the 2024-2025 school year to comply with Subsection (a), as
amended by _.B. ___, 88th Legislature, 4th Called Session, 2023, is
providing compensation for services rendered independently of an
existing employment contract applicable to that year and is not in
violation of Section 53, Article III, Texas Constitution. A school
district that does not meet the requirements of Subsection (a) in
the 2024-2025 school year may satisfy the requirements of this
section by providing an employee a one-time bonus payment during
the 2025-2026 school year in an amount equal to the difference
between the compensation earned by the employee during the
2024-2025 school year and the compensation the employee should have
received during that school year if the district had complied with
Subsection (a).
(j) Notwithstanding the minimum salary schedule under
Subsection (a), a school district that increases the amount a
classroom teacher, full-time librarian, full-time school counselor
certified under Subchapter B, or full-time school nurse is
compensated during the 2024-2025 school year by at least $8,000
more than the amount the employee was compensated during the
2023-2024 school year complies with the requirements of this
section for the 2024-2025 school year.
(k) Subsections (i) and (j) and this subsection expire
September 1, 2027.
SECTION 1.11. The heading to Section 21.403, Education
Code, is amended to read as follows:
Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE
[PLACEMENT ON MINIMUM SALARY SCHEDULE].
SECTION 1.12. Sections 21.403(b) and (c), Education Code,
are amended to read as follows:
(b) For each year of work experience required for
certification in a career or technological field, up to a maximum of
two years, a certified career or technology education teacher is
entitled to [salary step] credit as if the work experience were
teaching experience.
(c) The commissioner shall adopt rules for determining the
experience for which a teacher, librarian, school counselor, or
nurse is to be given credit for purposes of the minimum salary
schedule under Section 21.402(a) [in placing the teacher,
librarian, school counselor, or nurse on the minimum salary
schedule]. A district shall credit the teacher, librarian, school
counselor, or nurse for each year of experience without regard to
whether the years are consecutive.
SECTION 1.13. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.416 and 21.417 to read as follows:
Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
PROGRAM. (a) From funds appropriated or otherwise available, the
commissioner shall establish and administer a grant program to
award funds to reimburse a school district, an open-enrollment
charter school, the Windham School District, the Texas School for
the Deaf, or the Texas School for the Blind and Visually Impaired
that hires a teacher, including an educator who provides services
related to special education, who retired before September 1, 2022,
for the increased contributions to the Teacher Retirement System of
Texas associated with hiring the retired teacher.
(b) In appropriating money for grants awarded under this
section, the legislature may provide for, modify, or limit amounts
appropriated for that purpose in the General Appropriations Act,
including by:
(1) providing, notwithstanding Subsection (a), a date
or date range other than September 1, 2022, before which a teacher
must have retired for a school district, an open-enrollment charter
school, the Windham School District, the Texas School for the Deaf,
or the Texas School for the Blind and Visually Impaired that hires
the teacher to be eligible; or
(2) limiting eligibility to a school district or
open-enrollment charter school that hires a retired teacher:
(A) who holds a certain certification;
(B) to teach a certain subject or grade;
(C) in a certain geographical area; or
(D) to provide instruction to certain students,
including to students with disabilities.
(c) The commissioner shall proportionally reduce the amount
of funds awarded to school districts, open-enrollment charter
schools, the Windham School District, the Texas School for the
Deaf, and the Texas School for the Blind and Visually Impaired under
this section if the number of grant applications by eligible
districts or schools exceeds the number of grants the commissioner
could award with the money appropriated or otherwise available for
the purpose.
(d) A school district, an open-enrollment charter school,
the Windham School District, the Texas School for the Deaf, or the
Texas School for the Blind and Visually Impaired may use funds
received under this section to make required payments under Section
825.4092, Government Code.
Sec. 21.417. ELECTION BY TEACHER TO USE UNPAID LEAVE. The
board of trustees of a school district shall adopt a policy that
provides a classroom teacher employed by the district the option to
elect not to take the teacher's paid personal leave concurrently
with unpaid leave the teacher is entitled to take under the Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for
an absence due to pregnancy or the birth or adoption of a child.
SECTION 1.14. Section 21.4552(d), Education Code, is
amended to read as follows:
(d) From funds appropriated for that purpose, a teacher who
attends a literacy achievement academy is entitled to receive a
stipend in the amount determined by the commissioner. A stipend
received under this subsection is not considered in determining
whether a school district is paying the teacher the minimum
[monthly] salary under Section 21.402.
SECTION 1.15. Section 21.4553(d), Education Code, is
amended to read as follows:
(d) From funds appropriated for that purpose, a teacher who
attends a mathematics achievement academy is entitled to receive a
stipend in the amount determined by the commissioner. A stipend
received under this subsection is not considered in determining
whether a district is paying the teacher the minimum [monthly]
salary under Section 21.402.
SECTION 1.16. Section 21.4555(f), Education Code, is
amended to read as follows:
(f) From funds available for that purpose, a teacher who
attends a civics training program may receive a stipend in an amount
determined by the commissioner. A stipend received under this
section is not included in determining whether a district is paying
the teacher the minimum [monthly] salary under Section 21.402.
SECTION 1.17. Subchapter J, Chapter 21, Education Code, is
amended by adding Sections 21.466 and 21.467 to read as follows:
Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
appropriated or otherwise available for the purpose, the agency
shall develop training for and provide technical assistance to
school districts and open-enrollment charter schools regarding:
(1) strategic compensation, staffing, and scheduling
efforts that improve professional growth, teacher leadership
opportunities, and staff retention;
(2) programs that encourage high school students or
other members of the community in the area served by the district to
become teachers, including available teacher apprenticeship
programs; and
(3) programs or strategies that school leaders may use
to establish clear and attainable behavior expectations while
proactively supporting students.
(b) From funds appropriated or otherwise available, the
agency shall provide grants to school districts and open-enrollment
charter schools to implement initiatives developed under this
section.
Sec. 21.467. TEACHER TIME STUDY. (a) From funds
appropriated or otherwise available for the purpose, the agency
shall develop and maintain a technical assistance program to
support school districts and open-enrollment charter schools in:
(1) studying how the district's or school's staff and
student schedules, required noninstructional duties for classroom
teachers, and professional development requirements for educators
are affecting the amount of time classroom teachers work each week;
and
(2) refining the schedules for students or staff as
necessary to ensure teachers have sufficient time during normal
work hours to fulfill all job duties, including addressing the
needs of students.
(b) The agency shall periodically make findings and
recommendations for best practices publicly available using
information from participating school districts and
open-enrollment charter schools.
SECTION 1.18. Chapter 21, Education Code, is amended by
adding Subchapter R to read as follows:
SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
Sec. 21.901. DEFINITIONS. In this subchapter:
(1) "Board" means the State Board for Educator
Certification.
(2) "Cooperating teacher" means a classroom teacher
who:
(A) has at least three full school years of
teaching experience with a superior record of assisting students in
achieving improvement in student performance;
(B) is employed by a school district or
open-enrollment charter school participating in a partnership
program under this subchapter and paired with a partnership
resident at the district or school; and
(C) provides coaching to a partnership resident
in the teacher's classroom.
(3) "Partnership program" means a Texas Teacher
Residency Partnership Program established at a school district or
open-enrollment charter school in accordance with this subchapter.
(4) "Partnership resident" means a person enrolled in
a qualified educator preparation program participating in a
partnership program as a candidate for educator certification.
(5) "Qualified educator preparation program" means an
educator preparation program approved in accordance with rules
proposed under Section 21.903.
Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
The commissioner shall establish the Texas Teacher Residency
Partnership Program to enable qualified educator preparation
programs to form partnerships with school districts or
open-enrollment charter schools to provide residency positions to
partnership residents at the district or school.
(b) The partnership program must be designed to:
(1) allow partnership residents to receive
field-based experience working with cooperating teachers in
prekindergarten through grade 12 classrooms; and
(2) gradually increase the amount of time a
partnership resident spends engaging in instructional
responsibilities, including observation, co-teaching, and
lead-teaching responsibilities.
Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
board shall propose rules specifying the requirements for board
approval of an educator preparation program as a qualified educator
preparation program for purposes of this subchapter. The rules
must require an educator preparation program to:
(1) use research-based best practices for recruiting
and admitting candidates into the educator preparation program to
participate in the partnership program;
(2) integrate curriculum, classroom practice, and
formal observation and feedback;
(3) use multiple assessments to measure a partnership
resident's progress in the partnership program; and
(4) partner with a school district or open-enrollment
charter school.
Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
SCHOOLS. (a) A school district or open-enrollment charter school
participating in the partnership program shall:
(1) enter into a written agreement with a qualified
educator preparation program to:
(A) provide a partnership resident with at least
one school year of clinical teaching in a residency position at the
district or school in the subject area and grade level for which the
resident seeks certification; and
(B) pair the partnership resident with a
cooperating teacher;
(2) specify the amount of money the district receives
under Section 48.157 that the district will provide to the program;
(3) only use money received under Section 48.157 to:
(A) implement the partnership program;
(B) provide compensation to:
(i) partnership residents in residency
positions at the district or school; and
(ii) cooperating teachers who are paired
with partnership residents at the district or school; and
(C) provide an amount equal to at least 10
percent of the funding received by the district or school to the
qualified educator preparation program with which the district or
school partners;
(4) pay at least 50 percent of the compensation paid to
partnership residents using money other than money received under
Section 48.157; and
(5) provide any information required by the agency
regarding the district's or school's implementation of the program.
(b) A school district or open-enrollment charter school may
only pair a partnership resident with a cooperating teacher who
agrees to participate in that role in a partnership program at the
district or school partnership program.
(c) A partnership resident may not serve as a teacher of
record, as that term is defined by Section 21.051.
Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
shall propose rules specifying the requirements for the issuance of
a residency educator certificate to a candidate who has
successfully completed a qualified educator preparation program
under Section 21.903. The rules may not require the resident to
pass a pedagogy examination unless the examination tests
subject-specific content appropriate for the grade and subject area
for which the candidate seeks certification.
Sec. 21.906. AGENCY SUPPORT. The agency shall provide
technical assistance, planning, and support to school districts,
open-enrollment charter schools, and qualified educator
preparation programs, which must include:
(1) providing model forms and agreements a district,
school, or educator preparation program may use to comply with the
requirements of this subchapter; and
(2) support for district and school strategic staffing
and compensation models to incentivize participation in a
partnership program.
Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
commissioner may solicit and accept gifts, grants, and donations
from public and private entities to use for the purposes of this
subchapter.
Sec. 21.908. RULES; NEGOTIATED RULEMAKING COMMITTEE. (a)
The board shall propose rules necessary to implement this
subchapter, including, subject to Subsection (b), rules under
Sections 21.903 and 21.905.
(b) In using negotiated rulemaking procedures under Chapter
2008, Government Code, for any proposed rule related to the
implementation of Section 21.903 or 21.905, the board must appoint
to the negotiated rulemaking committee persons representing
institutions of higher education, as defined by Section 61.003.
(c) The commissioner shall adopt rules as necessary to
implement this subchapter after considering the recommendations of
the negotiated rulemaking committee appointed under Subsection
(b).
SECTION 1.19. Section 29.153(b), Education Code, is amended
to read as follows:
(b) A child is eligible for enrollment in a prekindergarten
class under this section if the child is at least three years of age
and:
(1) is unable to speak and comprehend the English
language;
(2) is educationally disadvantaged;
(3) is homeless, regardless of the residence of the
child, of either parent of the child, or of the child's guardian or
other person having lawful control of the child;
(4) is the child of an active duty member of the armed
forces of the United States, including the state military forces or
a reserve component of the armed forces, who is ordered to active
duty by proper authority;
(5) is the child of a member of the armed forces of the
United States, including the state military forces or a reserve
component of the armed forces, who was injured or killed while
serving on active duty;
(6) is or ever has been in:
(A) the conservatorship of the Department of
Family and Protective Services following an adversary hearing held
as provided by Section 262.201, Family Code; or
(B) foster care in another state or territory, if
the child resides in this state; [or]
(7) is the child of a person eligible for the Star of
Texas Award as:
(A) a peace officer under Section 3106.002,
Government Code;
(B) a firefighter under Section 3106.003,
Government Code; or
(C) an emergency medical first responder under
Section 3106.004, Government Code; or
(8) is the child of a person employed as a classroom
teacher at a public primary or secondary school in the school
district that offers a prekindergarten class under this section.
SECTION 1.20. Section 30.102(b), Education Code, is amended
to read as follows:
(b) A classroom teacher, full-time librarian, full-time
school counselor certified under Subchapter B, Chapter 21, or
full-time school nurse employed by the department is entitled to
receive as a minimum salary the [monthly] salary specified by
Section 21.402. A classroom teacher, full-time librarian,
full-time school counselor, or full-time school nurse may be paid,
from funds appropriated to the department, a salary in excess of the
minimum specified by that section, but the salary may not exceed the
rate of pay for a similar position in the public schools of an
adjacent school district.
SECTION 1.21. Section 33.009(h), Education Code, is amended
to read as follows:
(h) From funds appropriated for that purpose, a school
counselor who attends the academy under this section is entitled to
receive a stipend in the amount determined by the coordinating
board. If funds are available after all eligible school counselors
have received a stipend under this subsection, the coordinating
board shall pay a stipend in the amount determined by the
coordinating board to a teacher who attends the academy under this
section. A stipend received under this subsection is not
considered in determining whether a district is paying the school
counselor or teacher the minimum [monthly] salary under Section
21.402.
SECTION 1.22. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.157 to read as follows:
Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
section, "partnership program" and "partnership resident" have the
meanings assigned by Section 21.901.
(b) For each partnership resident employed at a school
district in a residency position under Subchapter R, Chapter 21,
the district is entitled to an allotment equal to a base amount of
$22,000 increased by the high needs and rural factor, as determined
under Subsection (c), to an amount not to exceed $42,000.
(c) The high needs and rural factor is determined by
multiplying $5,000 by the lesser of:
(1) the average of the point value assigned to each
student at a district campus under Sections 48.112(e) and (f); or
(2) 4.0.
(d) In addition to the funding under Subsection (b), a
district that qualifies for an allotment under this section is
entitled to an additional $2,000 for each partnership resident
employed in a residency position at the district who is a candidate
for special education or bilingual education certification.
(e) The Texas School for the Deaf and the Texas School for
the Blind and Visually Impaired are entitled to an allotment under
this section. If the commissioner determines that assigning point
values under Subsection (c) to students enrolled in the Texas
School for the Deaf or the Texas School for the Blind and Visually
Impaired is impractical, the commissioner may use the average point
value assigned for those students' home districts for purposes of
calculating the high needs and rural factor.
SECTION 1.23. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.280 to read as follows:
Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) A school
district is entitled to receive an annual salary transition
allotment equal to the number of employees on the minimum salary
schedule under Section 21.402 for the applicable school year
multiplied by the difference, if that amount is greater than zero,
between:
(1) the amount calculated under Subsection (b); and
(2) the amount calculated under Subsection (c).
(b) The agency shall calculate a school district's value for
Subsection (a)(1) by determining the difference between:
(1) the amount the district must pay in compensation
for the current school year for employees on the minimum salary
schedule under Section 21.402, as amended by _.B. ___, 88th
Legislature, 4th Called Session, 2023, divided by the total number
of employees on the minimum salary schedule under that section for
that school year; and
(2) the amount paid in compensation for the 2023-2024
school year for employees on the minimum salary schedule under
Section 21.402 divided by the total number of employees on the
minimum salary schedule under that section for that school year.
(c) The agency shall calculate a school district's value for
Subsection (a)(2) by determining the difference between:
(1) the total maintenance and operations revenue for
the current school year divided by the total number of employees on
the minimum salary schedule under Section 21.402 for that school
year; and
(2) the total maintenance and operations revenue that
would have been available to the district for the current school
year using the basic allotment formula provided by Section 48.051
and the small and mid-sized allotment formulas provided by Section
48.101 as those sections existed on January 1, 2023, divided by the
total number of employees on the minimum salary schedule under
Section 21.402 for that school year.
(d) In calculating the values under this section for a
school district or open-enrollment charter school to which Section
21.402 does not apply, the agency shall include as employees on the
minimum salary schedule under that section employees of the
district or school who would have been on the minimum salary
schedule under that section if the district or school were a school
district to which that section applies.
(e) Before making a final determination of the amount of an
allotment to which a school district is entitled under this
section, the agency shall ensure each school district has an
opportunity to review and submit revised information to the agency
for purposes of calculating the values under Subsection (a).
(f) For purposes of this section, "compensation" includes
contributions made to the Teacher Retirement System of Texas under
Sections 825.4035 and 825.405, Government Code.
SECTION 1.24. The following provisions are repealed:
(1) Sections 21.402(b), (c), (c-1), (f), and (h),
Education Code;
(2) Sections 21.403(a) and (d), Education Code;
(3) Subchapter Q, Chapter 21, Education Code; and
(4) Section 825.4092(f), Government Code.
SECTION 1.25. Not later than September 1, 2026, the
commissioner of education, with the assistance of the executive
director of the Teacher Retirement System of Texas and the
comptroller of public accounts, shall make recommendations to the
legislature to improve and coordinate pension contribution
appropriations for public school employees.
SECTION 1.26. Section 21.257(f), Education Code, as added
by this article, applies only to a hearing before a hearing examiner
commenced on or after the effective date of this article.
SECTION 1.27. Notwithstanding Section 21.903, Education
Code, as added by this article, until the State Board for Educator
Certification adopts rules specifying the requirements for
approval of an educator preparation program as a qualified educator
preparation program as required by that section, the commissioner
of education may approve a program as a qualified educator
preparation program for purposes of Subchapter R, Chapter 21,
Education Code, as added by this article, if the commissioner
determines that the program meets the requirements under Section
21.903, Education Code, as added by this article. An educator
preparation program's designation as a qualified educator
preparation program by the commissioner under this section remains
effective until the first anniversary of the earliest effective
date of a rule adopted by the State Board for Educator Certification
under Section 21.903, Education Code, as added by this article.
SECTION 1.28. This article takes effect September 1, 2024.
ARTICLE 2. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
2023-2024 SCHOOL YEAR
SECTION 2.01. Section 30.003, Education Code, is amended by
amending Subsections (b) and (f-1) and adding Subsection (b-1) to
read as follows:
(b) If the student is admitted to the school for a full-time
program for the equivalent of two long semesters, the district's
share of the cost is an amount equal to the dollar amount of
maintenance and debt service taxes imposed by the district for that
year, subject to Subsection (b-1), divided by the district's
average daily attendance for the preceding year.
(b-1) For purposes of Subsection (b), the commissioner
shall reduce the dollar amount of maintenance and debt service
taxes imposed by the district for a year by the amount, if any, by
which the district is required to reduce the district's local
revenue level under Section 48.257 for that year.
(f-1) The commissioner shall determine the total amount
that the Texas School for the Blind and Visually Impaired and the
Texas School for the Deaf would have received from school districts
in accordance with this section if the following provisions had not
reduced the districts' share of the cost of providing education
services:
(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
Called Session, 2006;
(2) Subsection (b-1) of this section;
(3) Section 45.0032;
(4) [(3)] Section 48.255; and
(5) [(4)] Section 48.2551.
SECTION 2.02. Section 48.110(d), Education Code, is amended
to read as follows:
(d) For each annual graduate in a cohort described by
Subsection (b) who demonstrates college, career, or military
readiness as described by Subsection (f) in excess of the minimum
number of students determined for the applicable district cohort
under Subsection (c), a school district is entitled to an annual
outcomes bonus of:
(1) if the annual graduate is educationally
disadvantaged, $5,000;
(2) if the annual graduate is not educationally
disadvantaged, $3,000; and
(3) if the annual graduate is enrolled in a special
education program under Subchapter A, Chapter 29, $4,000 [$2,000],
regardless of whether the annual graduate is educationally
disadvantaged.
SECTION 2.03. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.116 to read as follows:
Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in
average daily attendance enrolled in a fine arts education course
approved by the agency under Subsection (b) in grades 6 through 12,
a school district is entitled to an annual allotment equal to:
(1) if the student is not educationally disadvantaged,
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled, multiplied by 0.008; or
(2) if the student is educationally disadvantaged, the
amount determined under Subdivision (1) multiplied by two.
(b) The agency shall approve fine arts education courses
that qualify for the allotment provided under this section. The
approved courses must include fine arts education courses that:
(1) are authorized by the State Board of Education,
including music, art, theater, and dance;
(2) provide students with the knowledge and skills
necessary for success in the fine arts; and
(3) require a student in full-time attendance to
receive not less than 225 minutes of fine arts instruction per week.
(c) The agency shall annually publish a list of fine arts
courses approved under Subsection (b).
SECTION 2.04. Section 48.277(b), Education Code, is amended
to read as follows:
(b) For purposes of calculating maintenance and operations
revenue under Subsection (a), the commissioner shall:
(1) for purposes of Subsections (a)(1) and (2), use
the following applicable school year:
(A) in a school year ending in an even-numbered
year, the 2019-2020 school year; and
(B) in a school year ending in an odd-numbered
year, the 2019-2020 or 2020-2021 school year, whichever is greater;
(2) include all state and local funding, except for
any funding resulting from:
(A) reimbursement for disaster remediation costs
under former Sections 41.0931 and 42.2524;
(B) an adjustment for rapid decline in taxable
value of property under former Section 42.2521;
(C) an adjustment for property value affected by
a state of disaster under former Section 42.2523; [and]
(D) additional state aid under Section 48.307 or
48.308; and
(E) additional state aid for retention stipends
under Section 48.285;
(3) adjust the calculation to reflect a reduction in
tax effort by a school district; and
(4) if a school district or open-enrollment charter
school receives a waiver relating to eligibility requirements for
the national free or reduced-price lunch program under 42 U.S.C.
Section 1751 et seq., use the numbers of educationally
disadvantaged students on which the district's or school's
entitlement to compensatory education funds was based for the
school year before the school year in which the district or school
received the waiver, adjusted for estimated enrollment growth.
SECTION 2.05. Subchapter F, Chapter 48, Education Code, is
amended by adding Sections 48.284 and 48.285 to read as follows:
Sec. 48.284. PROPERTY VALUE STUDY HARDSHIP GRANTS. (a) For
the 2023-2024 and 2024-2025 school years, from money appropriated
for purposes of this section, the commissioner may administer a
grant program to provide grants to eligible school districts to
offset a reduction in the district's funding under the Foundation
School Program resulting from the use of the state value for the
district's taxable value of property as provided by Section
403.302(c), Government Code, for the 2022 and 2023 tax years.
(b) The amount of a grant awarded under this section is the
difference, if that difference is greater than zero, between:
(1) the funding the school district would have
received under Chapter 46, this chapter, and Chapter 49 for the
applicable school year if the local value for the district's
taxable value of property was used for the applicable tax year; and
(2) the funding to which the district is entitled
under Chapter 46, this chapter, and Chapter 49 for the applicable
school year.
(c) An open-enrollment charter school is not eligible to
receive a grant under this section.
(d) Funding provided to a school district under this section
is in addition to all other funding provided under Chapter 46, this
chapter, and Chapter 49.
(e) The commissioner may require a school district to
submit, or request from a state agency or a political subdivision of
this state, additional information as needed to make a
determination under this section.
(f) The total amount of grants awarded under this section
for a school year may not exceed $60 million.
(g) In awarding grants under this section, the commissioner
shall prioritize school districts experiencing the greatest
percentage reduction in funding described by Subsection (a).
(h) The commissioner may not adjust the amount of a grant
awarded under this section based on data revisions received after
the grant has been awarded.
(i) A determination by the commissioner under this section
is final and may not be appealed.
(j) This section expires September 1, 2025.
Sec. 48.285. ADDITIONAL STATE AID FOR RETENTION STIPENDS.
(a) For the 2023-2024 school year, a school district, including a
school district that is otherwise ineligible for state aid under
this chapter, is entitled to state aid in an amount equal to the sum
of:
(1) the product of $4,000 multiplied by the number of
full-time employees subject to the minimum salary schedule under
Section 21.402 employed by the district; and
(2) the product of $2,000 multiplied by the number of
part-time classroom teachers, part-time librarians, part-time
school counselors certified under Subchapter B, Chapter 21, and
part-time school nurses employed by the district.
(b) A school district shall use state aid received under
Subsection (a) to provide a one-time stipend to each employee for
whom the district received state aid in the amount of the state aid
provided under that subsection for that employee.
(c) An open-enrollment charter school is entitled to state
aid under this section in the same manner as a school district and
is required to provide a one-time stipend to each employee in a
comparable role as a school district employee described by
Subsection (a) as if those employees were subject to the minimum
salary schedule under Section 21.402.
(d) A determination by the commissioner under this section
is final and may not be appealed.
(e) A school district or an open-enrollment charter school
is not entitled to funding under this section beginning with the
2024-2025 school year.
(f) This section expires September 1, 2025.
SECTION 2.06. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, the entirety of this article takes effect on the 91st day
after the last day of the legislative session.
ARTICLE 3. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
2024-2025 SCHOOL YEAR
SECTION 3.01. Section 29.054, Education Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Section 29.066(c), the agency may
require, for purposes of implementing Section 48.105, a school
district granted an exception under this section to:
(1) include in the district's Public Education
Information Management System (PEIMS) report additional
information the agency specifies related to the alternative
language education methods the district uses; and
(2) classify the alternative language education
methods the district uses under the Public Education Information
Management System (PEIMS) report as the agency specifies.
SECTION 3.02. Section 48.051(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance, not
including the time students spend each day in special education
programs in a setting [an instructional arrangement] other than a
general education setting [mainstream] or career and technology
education programs, for which an additional allotment is made under
Subchapter C, a district is entitled to an allotment equal to [the
lesser of $6,160 or] the amount that results from the following
formula:
A = B [$6,160] X TR/MCR
where:
"A" is the allotment to which a district is entitled;
"B" is the base amount, which equals the greater of:
(1) $6,700;
(2) an amount equal to the district's base amount under
this section for the preceding school year; or
(3) the amount appropriated under Subsection (b);
"TR" is the district's tier one maintenance and operations
tax rate, as provided by Section 45.0032; and
"MCR" is the district's maximum compressed tax rate, as
determined under Section 48.2551.
SECTION 3.03. Section 48.101, Education Code, is amended to
read as follows:
Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
Small and mid-sized districts are entitled to an annual allotment
in accordance with this section. In this section:
(1) "AA" is the district's annual allotment per
student in average daily attendance;
(2) "ADA" is the number of students in average daily
attendance for which the district is entitled to an allotment under
Section 48.051, other than students in average daily attendance who
do not reside in the district and are enrolled in a full-time
virtual program; and
(3) "BA" is the basic allotment determined under
Section 48.051.
(b) A school district that has fewer than 1,600 students in
average daily attendance is entitled to an annual allotment for
each student in average daily attendance based on the following
formula:
AA = ((1,600 - ADA) X .00044 [.0004]) X BA
(c) A school district that offers a kindergarten through
grade 12 program and has less than 5,000 students in average daily
attendance is entitled to an annual allotment for each student in
average daily attendance based on the formula, of the following
formulas, that results in the greatest annual allotment:
(1) the formula in Subsection (b), if the district is
eligible for that formula; or
(2) AA = ((5,000 - ADA) X .000034 [.000025]) X BA.
(d) Instead of the allotment under Subsection (b) or (c)(1),
a school district that has fewer than 300 students in average daily
attendance and is the only school district located in and operating
in a county is entitled to an annual allotment for each student in
average daily attendance based on the following formula:
AA = ((1,600 - ADA) X .00054 [.00047]) X BA
SECTION 3.04. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.1022 to read as follows:
Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
EVALUATION. For each student for whom a school district conducts a
full individual and initial evaluation under Section 29.004 or 20
U.S.C. Section 1414(a)(1), the district is entitled to an allotment
of $500 or a greater amount provided by appropriation.
SECTION 3.05. Section 48.103(d), Education Code, is amended
to read as follows:
(d) A school district may use [an amount not to exceed 20
percent of] the allotment provided for a qualifying student under
this section to contract with a private provider to provide
supplemental academic services to the student that are recommended
under the student's program or plan described by Subsection (b). A
student may not be excused from school to receive supplemental
academic services provided under this subsection.
SECTION 3.06. Sections 48.104(a), (d), and (e), Education
Code, are amended to read as follows:
(a) For each student who does not have a disability and
resides in a residential placement facility in a district in which
the student's parent or legal guardian does not reside, a district
is entitled to an annual allotment equal to the basic allotment
multiplied by 0.2 or, if the student is educationally
disadvantaged, 0.28 [0.275]. For each full-time equivalent student
who is in a remedial and support program under Section 29.081
because the student is pregnant, a district is entitled to an annual
allotment equal to the basic allotment multiplied by 2.41.
(d) The weights assigned to the five tiers of the index
established under Subsection (c) are, from least to most severe
economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255
[0.25], 0.2675 [0.2625], and 0.28 [0.275].
(e) If insufficient data is available for any school year to
evaluate the level of economic disadvantage in a census block
group, a school district is entitled to an annual allotment equal to
the basic allotment multiplied by 0.23 [0.225] for each student who
is educationally disadvantaged and resides in that census block
group.
SECTION 3.07. Section 48.105, Education Code, is amended by
adding Subsections (a-1) and (a-2) and amending Subsection (b) to
read as follows:
(a-1) The agency shall review school districts offering
alternative language methods the agency approves under Section
29.054(d) and approve districts to receive the allotment under
Subsection (a-2) for that biennium in a manner that provides not
more than $10 million total under the allotment to school districts
in each biennium. In approving school districts to receive the
allotment under this subsection, the agency shall, to the extent
possible, approve eligible school districts from a cross section of
this state.
(a-2) For each student in average daily attendance in an
alternative language method the agency approves under Section
29.054(d), and offered by a school district approved to receive the
allotment under Subsection (a-1), the district is entitled to an
annual allotment equal to the basic allotment multiplied by:
(1) 0.15 for an emergent bilingual student, as defined
by Section 29.052, if the student is in an alternative language
method using a dual language immersion/one-way or two-way program
model; and
(2) 0.05 for a student not described by Subdivision
(1), if the student is in an alternative language method using a
dual language immersion/one-way or two-way program model.
(b) At least 55 percent of the funds allocated under this
section must be used in providing bilingual education or special
language programs under Subchapter B, Chapter 29. A district's
bilingual education or special language allocation may be used only
for program and student evaluation, instructional materials and
equipment, staff development, supplemental staff expenses, teacher
salaries [salary supplements for teachers], incremental costs
associated with providing smaller class sizes, and other supplies
required for quality instruction.
SECTION 3.08. Section 48.108, Education Code, is amended by
adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as
follows:
(a-1) In addition to the allotment under Subsection (a) and
subject to Subsection (a-2), a school district is entitled to an
annual allotment equal to the basic allotment multiplied by 0.2 for
each student in average daily attendance enrolled in a
prekindergarten class provided through a contract with a
community-based child-care provider under Section 29.153.
(a-2) The total number of students in average daily
attendance statewide for whom an allotment may be provided under
Subsection (a-1) for a school year may not exceed 10,000 students in
average daily attendance. If the number of students in average
daily attendance for whom a school district is entitled to an
allotment under this section exceeds the maximum number provided by
this subsection, the commissioner shall allocate the allotments to
school districts under this section in accordance with commissioner
rule.
(a-3) Notwithstanding Subsection (a-2), the maximum number
of students in average daily attendance statewide for whom an
allotment may be provided under Subsection (a-1) for a school year
is:
(1) for the 2024-2025 school year, 2,000 students;
(2) for the 2025-2026 school year, 4,500 students; and
(3) for the 2026-2027 school year, 7,000 students.
(a-4) Subsection (a-3) and this subsection expire September
1, 2027.
SECTION 3.09. Subchapter C, Chapter 48, Education Code, is
amended by adding Section 48.120 to read as follows:
Sec. 48.120. MILITARY TRANSITION AID. (a) A school
district is entitled to an annual allotment equal to the basic
allotment multiplied by 0.08 for each eligible student in average
daily attendance.
(b) A student is eligible for purposes of Subsection (a) if
the student:
(1) is a military-connected student, as defined by
Section 25.006; and
(2) is in the student's first year of enrollment in the
school district.
(c) Funds allocated under this section may be used only to
maintain a transition program that assists military families with
relocation, enrollment, registration, records transfer, academic
planning, counseling, and other support services available at a
Purple Star Campus, as described by Section 33.909.
SECTION 3.10. Section 48.257, Education Code, is amended by
amending Subsection (a) and adding Subsection (b-1) to read as
follows:
(a) Subject to Subsection (b) and except as provided by
Subsection (b-1), if a school district's tier one local share under
Section 48.256 exceeds the district's entitlement under Section
48.266(a)(1) less the district's distribution from the state
available school fund, the district must reduce the district's tier
one revenue level in accordance with Chapter 49 to a level not to
exceed the district's entitlement under Section 48.266(a)(1) less
the district's distribution from the state available school fund.
(b-1) This subsection applies only to a school district to
which Subsection (a) applies, that received an allotment under
Section 48.277 for the 2023-2024 school year, and that adopts a
maintenance and operations tax rate for the current school year
equal to or greater than the sum of the district's maximum
compressed tax rate, as determined under Section 48.2551, and four
cents. Notwithstanding Subsection (a), if, after reducing the tier
one revenue level of a school district to which this subsection
applies as required under Subsection (a), the maintenance and
operations revenue per student in average daily attendance of the
district for a school year would be less than the maintenance and
operations revenue per student in average daily attendance
available to the district for the 2023-2024 school year, excluding
any funding provided to the district under Sections 48.279 and
48.281, the agency shall adjust the amount of the reduction
required in the district's tier one revenue level under Subsection
(a) up to the amount of local funds necessary to provide the
district with the amount of maintenance and operations revenue per
student in average daily attendance available to the district for
the 2023-2024 school year.
SECTION 3.11. Subchapter F, Chapter 48, Education Code, is
amended by adding Section 48.286 to read as follows:
Sec. 48.286. REGIONAL DISASTER INSURANCE VARIATION
ALLOTMENT. (a) A school district is entitled to an annual
allotment for each student in average daily attendance equal to the
basic allotment, or, if applicable, the sum of the basic allotment
and the allotment under Section 48.101 to which the district is
entitled, multiplied by the product, if the product is greater than
zero, of the district's variation factor as determined under
Subsection (b) and 0.012.
(b) The commissioner shall determine a school district's
variation factor by:
(1) assigning each school district to the county in
which the district's central administrative office is located;
(2) determining the percentage spent on expenses
related to property and casualty insurance by calculating the
average of the quotient of property and casualty insurance expenses
incurred by all districts assigned to a county under Subdivision
(1) divided by total expenditures made by those districts for each
of the three most recent school years; and
(3) subtracting one percentage point from the
percentage determined under Subdivision (2).
(c) The commissioner shall use the variation factor
determined under Subsection (b) for the 2024-2025 school year for a
school district for purposes of determining a school district's
allotment under Subsection (a) for any subsequent school year.
SECTION 3.12. Sections 48.111(c), (c-1), and (c-2),
Education Code, are repealed.
SECTION 3.13. This article takes effect September 1, 2024.
ARTICLE 4. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
2025-2026 SCHOOL YEAR
SECTION 4.01. Section 12.106, Education Code, is amended by
amending Subsection (d) and adding Subsections (d-1) and (d-2) to
read as follows:
(d) Subject to Subsection (e), in addition to other amounts
provided by this section, a charter holder is entitled to receive,
for the open-enrollment charter school, funding per student in
average daily attendance in an amount equal to the guaranteed level
of state and local funds per student per cent of tax effort under
Section 46.032(a) multiplied by the lesser of:
(1) the state average interest and sinking fund tax
rate imposed by school districts for the current year; or
(2) a rate that would result in a total amount to which
charter schools are entitled under this subsection for the current
year equal to $300 [$60] million or a greater amount provided by
appropriation.
(d-1) Notwithstanding Subsection (d)(2), the total amount
that may be used to provide allotments under Subsection (d) may not
exceed:
(1) for the 2025-2026 school year, $108 million;
(2) for the 2026-2027 school year, $156 million;
(3) for the 2027-2028 school year, $204 million; and
(4) for the 2028-2029 school year, $252 million.
(d-2) Subsection (d-1) and this subsection expire September
1, 2030.
SECTION 4.02. Sections 21.3521(a), (c), and (e), Education
Code, are amended to read as follows:
(a) Subject to Subsection (b), a school district or
open-enrollment charter school may designate a classroom teacher as
a master, exemplary, [or] recognized, or acknowledged teacher for a
five-year period based on the results from single year or multiyear
appraisals that comply with Section 21.351 or 21.352.
(c) Notwithstanding performance standards established
under Subsection (b), a classroom teacher that holds a National
Board Certification issued by the National Board for Professional
Teaching Standards may be designated as nationally board certified
[recognized].
(e) The agency shall develop and provide technical
assistance for school districts and open-enrollment charter
schools that request assistance in implementing a local optional
teacher designation system, including:
(1) providing assistance in prioritizing high needs
campuses;
(2) providing examples or models of local optional
teacher designation systems to reduce the time required for a
district or school to implement a teacher designation system;
(3) establishing partnerships between districts and
schools that request assistance and districts and schools that have
implemented a teacher designation system;
(4) applying the performance and validity standards
established by the commissioner under Subsection (b);
(5) providing centralized support for the analysis of
the results of assessment instruments administered to district
students; and
(6) facilitating effective communication on and
promotion of local optional teacher designation systems.
SECTION 4.03. Section 29.042(a), Education Code, is amended
to read as follows:
(a) The agency by rule shall establish and administer a
parent-directed [supplemental special education services and
instructional materials] program for students receiving special
education services through which a parent may direct supplemental
services and supplemental instructional materials for the parent's
student [students] who meets [meet] the eligibility requirements
for participation in the program. Subject to Subsection (c), the
agency shall provide each student approved as provided by this
subchapter a grant in the amount provided under Section 48.306 [of
not more than $1,500] to purchase supplemental [special education]
services and supplemental [special education] instructional
materials. A student may receive one grant under this subchapter
unless the legislature appropriates money for an additional grant
in the General Appropriations Act.
SECTION 4.04. Sections 48.005(b), (e), and (f), Education
Code, are amended to read as follows:
(b) A school district that experiences a decline of more
than five [two] percent [or more] in average daily attendance shall
be funded on the basis of[:
[(1) the actual average daily attendance of the
preceding school year, if the decline is the result of the closing
or reduction in personnel of a military base; or
[(2) subject to Subsection (e),] an average daily
attendance of 95 [not to exceed 98] percent of the actual average
daily attendance of the preceding school year[, if the decline is
not the result of the closing or reduction in personnel of a
military base].
(e) For each school year, the commissioner shall adjust the
average daily attendance of school districts that are entitled to
funding on the basis of an adjusted average daily attendance under
Subsection (b) [(b)(2)] so that:
(1) all districts are funded on the basis of the same
percentage of the preceding year's actual average daily attendance;
and
(2) the total cost to the state does not exceed $50
million [the amount specifically appropriated for that year for
purposes of Subsection (b)(2)].
(f) An open-enrollment charter school is not entitled to
funding based on an adjustment under Subsection (b) [(b)(2)].
SECTION 4.05. Sections 48.0051(a), (b), and (d), Education
Code, are amended to read as follows:
(a) The [Subject to Subsection (a-1), the] commissioner
shall adjust the average daily attendance of a school district or
open-enrollment charter school under Section 48.005 in the manner
provided by Subsection (b) if the district or school:
(1) provides the minimum number of minutes of
operational and instructional time required under Section 25.081
and commissioner rules adopted under that section over at least 175
[180] days of instruction; and
(2) offers an additional 30 days of half-day
instruction for students enrolled in prekindergarten through fifth
grade.
(b) For a school district or open-enrollment charter school
described by Subsection (a), the commissioner shall increase the
average daily attendance of the district or school under Section
48.005 by the amount that results from the quotient of the sum of
attendance by students described by Subsection (a)(2) for each of
the 30 additional instructional days of half-day instruction that
are provided divided by 175 [180].
(d) This section does not prohibit a school district from
providing the minimum number of minutes of operational and
instructional time required under Section 25.081 and commissioner
rules adopted under that section over fewer than 175 [180] days of
instruction.
SECTION 4.06. Effective September 1, 2026, Section 48.051,
Education Code, is amended by adding Subsection (a-1) to read as
follows:
(a-1) Notwithstanding Subsection (a), for the second year
of each state fiscal biennium, the commissioner shall adjust the
value of "B" under that subsection for the preceding state fiscal
year by a factor equal to the average annual percentage increase, if
any, in the Texas Consumer Price Index for the preceding 10 years.
SECTION 4.07. Section 48.102, Education Code, is amended to
read as follows:
Sec. 48.102. SPECIAL EDUCATION. (a) For each enrolled
student [in average daily attendance] in a special education
program under Subchapter A, Chapter 29, [in a mainstream
instructional arrangement,] a school district is entitled to an
annual allotment equal to the basic allotment, or, if applicable,
the sum of the basic allotment and the allotment under Section
48.101 to which the district is entitled, multiplied by a weight in
an amount set by the legislature in the General Appropriations Act
for the highest tier of intensity of service for which the student
qualifies [1.15]. [For each full-time equivalent student in
average daily attendance in a special education program under
Subchapter A, Chapter 29, in an instructional arrangement other
than a mainstream instructional arrangement, a district is entitled
to an annual allotment equal to the basic allotment, or, if
applicable, the sum of the basic allotment and the allotment under
Section 48.101 to which the district is entitled, multiplied by a
weight determined according to instructional arrangement as
follows:
[Homebound 5.0
[Hospital class 3.0
[Speech therapy 5.0
[Resource room 3.0
[Self-contained, mild and moderate,
regular campus 3.0
[Self-contained, severe, regular campus 3.0
[Off home campus 2.7
[Nonpublic day school 1.7
[Vocational adjustment class 2.3]
(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
2026-2027 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1023.
This subsection expires September 1, 2027.
(b) The commissioner by rule shall define seven tiers of
intensity of service for use in determining funding under this
section. The commissioner must include one tier specifically
addressing students receiving special education services in
residential placement [A special instructional arrangement for
students with disabilities residing in care and treatment
facilities, other than state schools, whose parents or guardians do
not reside in the district providing education services shall be
established by commissioner rule. The funding weight for this
arrangement shall be 4.0 for those students who receive their
education service on a local school district campus. A special
instructional arrangement for students with disabilities residing
in state schools shall be established by commissioner rule with a
funding weight of 2.8].
(c) [For funding purposes, the number of contact hours
credited per day for each student in the off home campus
instructional arrangement may not exceed the contact hours credited
per day for the multidistrict class instructional arrangement in
the 1992-1993 school year.
[(d) For funding purposes the contact hours credited per day
for each student in the resource room; self-contained, mild and
moderate; and self-contained, severe, instructional arrangements
may not exceed the average of the statewide total contact hours
credited per day for those three instructional arrangements in the
1992-1993 school year.
[(e) The commissioner by rule shall prescribe the
qualifications an instructional arrangement must meet in order to
be funded as a particular instructional arrangement under this
section. In prescribing the qualifications that a mainstream
instructional arrangement must meet, the commissioner shall
establish requirements that students with disabilities and their
teachers receive the direct, indirect, and support services that
are necessary to enrich the regular classroom and enable student
success.
[(f) In this section, "full-time equivalent student" means
30 hours of contact a week between a special education student and
special education program personnel.
[(g)] The commissioner shall adopt rules and procedures
governing contracts for residential and day program placement of
[special education] students receiving special education services.
(d) [The legislature shall provide by appropriation for the
state's share of the costs of those placements.
[(h)] At least 55 percent of the funds allocated under this
section must be used in the special education program under
Subchapter A, Chapter 29.
(e) [(i)] The agency shall ensure [encourage] the placement
of students in special education programs, including students in
residential placement [instructional arrangements], in the least
restrictive environment appropriate for their educational needs.
(f) [(j)] A school district that provides an extended year
program required by federal law for special education students who
may regress is entitled to receive funds in an amount equal to 75
percent, or a lesser percentage determined by the commissioner, of
the basic allotment, or, if applicable, the sum of the basic
allotment and the allotment under Section 48.101 to which the
district is entitled for each [full-time equivalent] student in
average enrollment [daily attendance], multiplied by the amount
designated for the highest tier of intensity of service for which
the student qualifies [student's instructional arrangement] under
this section, for each day the program is provided divided by the
number of days in the minimum school year. The total amount of
state funding for extended year services under this section may not
exceed $10 million per year. A school district may use funds
received under this section only in providing an extended year
program.
(g) [(k)] From the total amount of funds appropriated for
special education under this section, the commissioner shall
withhold an amount specified in the General Appropriations Act, and
distribute that amount to school districts for programs under
Section 29.014. The program established under that section is
required only in school districts in which the program is financed
by funds distributed under this subsection and any other funds
available for the program. After deducting the amount withheld
under this subsection from the total amount appropriated for
special education, the commissioner shall reduce each district's
allotment proportionately and shall allocate funds to each district
accordingly.
(h) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed weights for
the tiers of intensity of service for the next state fiscal
biennium.
SECTION 4.08. Subchapter C, Chapter 48, Education Code, is
amended by adding Sections 48.1021 and 48.1023 to read as follows:
Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
(a) For each six-week period in which a student in a special
education program under Subchapter A, Chapter 29, receives eligible
special education services, a school district is entitled to an
allotment in an amount set by the legislature in the General
Appropriations Act for the service group for which the student is
eligible.
(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
2026-2027 school years, the amount of an allotment under this
section shall be determined in accordance with Section 48.1023.
This subsection expires September 1, 2027.
(b) The commissioner by rule shall establish four service
groups for use in determining funding under this section. In
establishing the groups, the commissioner must consider the level
of services, equipment, and technology required to meet the needs
of students receiving special education services.
(c) A school district is entitled to receive an allotment
under this section for each service group for which a student is
eligible.
(d) A school district is entitled to the full amount of an
allotment under this section for a student receiving eligible
special education services during any part of a six-week period.
(e) At least 55 percent of the funds allocated under this
section must be used for a special education program under
Subchapter A, Chapter 29.
(f) Not later than December 1 of each even-numbered year,
the commissioner shall submit to the Legislative Budget Board, for
purposes of the allotment under this section, proposed amounts of
funding for the service groups for the next state fiscal biennium.
Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
For the 2025-2026 and 2026-2027 school years, the commissioner may
adjust weights or amounts provided under Section 48.102 or 48.1021
as necessary to ensure compliance with requirements regarding
maintenance of state financial support under 20 U.S.C. Section
1412(a)(18) and maintenance of local financial support under
applicable federal law.
(b) For the 2025-2026 and 2026-2027 school years, the
commissioner shall determine the formulas through which school
districts receive funding under Sections 48.102 and 48.1021. In
determining the formulas, the commissioner may combine the methods
of funding under those sections with the method of funding provided
by Section 48.102, as it existed on September 1, 2024.
(c) For the 2027-2028 school year, the commissioner may
adjust the weights or amounts set by the legislature in the General
Appropriations Act for purposes of Section 48.102 or 48.1021.
Before making an adjustment under this subsection, the commissioner
shall notify and must receive approval from the Legislative Budget
Board.
(d) Notwithstanding any other provision of this section,
the sum of funding provided under Sections 48.102 and 48.1021 for
the 2025-2026 or for the 2026-2027 school year as adjusted under
this section may not exceed the sum of:
(1) funding that would have been provided under
Section 48.102, as it existed on September 1, 2024; and
(2) the amount set by the legislature in the General
Appropriations Act.
(e) Each school district and open-enrollment charter school
shall report to the agency information necessary to implement this
section.
(f) The agency shall provide technical assistance to school
districts and open-enrollment charter schools to ensure a
successful transition in funding formulas for special education.
(g) This section expires September 1, 2029.
SECTION 4.09. Section 48.103(c), Education Code, is amended
to read as follows:
(c) A school district may receive funding for a student
under each provision of this section, [and] Section 48.102, and
Section 48.1021 for which [if] the student qualifies [satisfies the
requirements of both sections].
SECTION 4.10. Section 48.106(a-1), Education Code, is
amended to read as follows:
(a-1) In addition to the amounts under Subsection (a), for
each student in average daily attendance, a district is entitled to
$150 [$50] for each of the following in which the student is
enrolled:
(1) a campus designated as a P-TECH school under
Section 29.556; or
(2) a campus that is a member of the New Tech Network
and that focuses on project-based learning and work-based
education.
SECTION 4.11. Section 48.108(a), Education Code, is amended
to read as follows:
(a) For each student in average daily attendance in
prekindergarten [kindergarten] through third grade, a school
district is entitled to an annual allotment equal to the basic
allotment multiplied by 0.1 if the student is:
(1) educationally disadvantaged; or
(2) an emergent bilingual student, as defined by
Section 29.052, and is in a bilingual education or special language
program under Subchapter B, Chapter 29.
SECTION 4.12. Sections 48.112(c) and (d), Education Code,
are amended to read as follows:
(c) For each classroom teacher with a teacher designation
under Section 21.3521 employed by a school district, the school
district is entitled to an allotment equal to the following
applicable base amount increased by the high needs and rural factor
as determined under Subsection (d):
(1) $12,000, or an increased amount not to exceed
$36,000 [$32,000] as determined under Subsection (d), for each
master teacher;
(2) $9,000 [$6,000], or an increased amount not to
exceed $25,000 [$18,000] as determined under Subsection (d), for
each exemplary teacher; [and]
(3) $5,000 [$3,000], or an increased amount not to
exceed $15,000 [$9,000] as determined under Subsection (d), for
each recognized teacher; and
(4) $3,000, or an increased amount not to exceed
$9,000 as determined under Subsection (d), for each:
(A) acknowledged teacher; or
(B) teacher designated as nationally board
certified.
(d) The high needs and rural factor is determined by
multiplying the following applicable amounts by the average of the
point value assigned to each student at a district campus under
Subsection (e):
(1) $6,000 [$5,000] for each master teacher;
(2) $4,000 [$3,000] for each exemplary teacher; [and]
(3) $2,500 [$1,500] for each recognized teacher; and
(4) $1,500 for each:
(A) acknowledged teacher; or
(B) teacher designated as nationally board
certified.
SECTION 4.13. Section 48.114, Education Code, is amended by
amending Subsection (a) and adding Subsection (d) to read as
follows:
(a) A school district [that has implemented a mentoring
program for classroom teachers who have less than two years of
teaching experience under Section 21.458] is entitled to an
allotment [as determined under Subsection (b)] to fund a [the]
mentoring program and to provide stipends for mentor teachers if:
(1) the district has implemented a mentoring program
for classroom teachers under Section 21.458; and
(2) the mentor teachers assigned under that program
complete a training program that is required or developed by the
agency for mentor teachers.
(d) A school district is entitled to an allotment of $2,000
for each classroom teacher with less than two years of experience
who participates in a mentoring program described by Subsection
(a). A district may receive an allotment under this section for no
more than 40 teachers during a school year unless an appropriation
is made for the purposes of providing a greater number of allotments
per district.
SECTION 4.14. Section 48.118(f), Education Code, is amended
to read as follows:
(f) The total amount of state funding for allotments and
outcomes bonuses under this section may not exceed $5 million per
year unless money is specifically appropriated for the purpose of
this section and designated as money in excess of the $5 million
permitted under this subsection. If the total amount of allotments
and outcomes bonuses to which school districts are entitled under
this section exceeds the amount permitted under this subsection,
the agency shall allocate state funding to districts under this
section in the following order:
(1) allotments under Subsection (a) for which school
districts participating in partnerships prioritized under Section
29.912(h) are eligible;
(2) allotments under Subsection (a) for which school
districts that entered into a memorandum of understanding or letter
of commitment regarding a multidistrict pathway partnership, as
defined by commissioner rule, before May 1, 2023, are eligible;
(3) allotments under Subsection (a) for which school
districts that have entered into a performance agreement under
Section 29.912 with a coordinating entity that is an institution of
higher education, as defined by Section 61.003, are eligible;
(4) allotments under Subsection (a) for which school
districts with the highest percentage of students who are
educationally disadvantaged, in descending order, are eligible;
and
(5) outcomes bonuses under Subsection (c) for which
school districts with the highest percentage of students who are
educationally disadvantaged, in descending order, are eligible.
SECTION 4.15. Section 48.151(g), Education Code, is amended
to read as follows:
(g) A school district or county that provides special
transportation services for eligible special education students is
entitled to a state allocation at a [paid on a previous year's
cost-per-mile basis. The] rate of $1.75 per mile or a greater
amount provided [allowable shall be set] by appropriation [based on
data gathered from the first year of each preceding biennium].
Districts may use a portion of their support allocation to pay
transportation costs, if necessary. The commissioner may grant an
amount set by appropriation for private transportation to reimburse
parents or their agents for transporting eligible special education
students. The mileage allowed shall be computed along the shortest
public road from the student's home to school and back, morning and
afternoon. The need for this type of transportation shall be
determined on an individual basis and shall be approved only in
extreme hardship cases.
SECTION 4.16. Subchapter D, Chapter 48, Education Code, is
amended by adding Sections 48.160 and 48.161 to read as follows:
Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS
AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible
to receive an allotment under this section if the district offers
through in-person instruction, remote instruction, or a hybrid of
in-person and remote instruction:
(1) an advanced mathematics pathway that begins with
Algebra I in grade eight and continues through progressively more
advanced mathematics courses in each grade from grade 9 through 12;
(2) a program of study in:
(A) computer programming and software
development; or
(B) cybersecurity; and
(3) a program of study in a specialized skilled trade,
such as:
(A) plumbing and pipefitting;
(B) electrical;
(C) welding;
(D) diesel and heavy equipment;
(E) aviation maintenance; or
(F) applied agricultural engineering.
(b) Notwithstanding Subsection (a), a school district is
eligible for the allotment under this section for students in
average daily attendance in a high school in the district that does
not offer a program of study described by Subsection (a)(2) or (3)
if:
(1) high school students who reside in the attendance
zone of the high school may participate in the program of study by
enrolling in another high school:
(A) that:
(i) is in the same district or a neighboring
school district;
(ii) was assigned the same or a better
campus overall performance rating under Section 39.054 as the high
school in whose attendance zone the students reside; and
(iii) offers the program of study; and
(B) to and from which transportation is provided
for those students; or
(2) students in average daily attendance in the high
school:
(A) are offered instruction for the program of
study at another location, such as another high school in the same
district or a neighboring school district; and
(B) receive transportation to and from the
location described by Paragraph (A).
(c) An eligible school district is entitled to an annual
allotment of $10 for each student in average daily attendance at a
high school in the district that offers a pathway or program of
study from each subdivision described by Subsection (a) if:
(1) each student in average daily attendance at the
high school takes a progressively more advanced mathematics course
each year of enrollment; and
(2) for each of those pathways or programs of study, at
least one student in average daily attendance at the high school
completes a course in the pathway or program of study.
(d) A school district that receives an allotment under
Subsection (c) and Section 48.101 is entitled to receive an
additional allotment in an amount equal to the product of 0.1 and
the allotment to which the district is entitled under Section
48.101 for each student for which the district receives an
allotment under Subsection (c). An open-enrollment charter school
is not eligible for an allotment under this subsection.
(e) The commissioner by rule may establish requirements to
ensure students in average daily attendance in a high school to
which Subsection (b) applies have meaningful access to the programs
of study described by Subsections (a)(2) and (3).
(f) The agency may reduce the amount of a school district's
allotment under this section if the agency determines that the
district has not complied with any provision of this section.
Sec. 48.161. COMMUNITIES IN SCHOOLS EXPANSION
ALLOTMENT. (a) A school district is eligible to receive an
annual allotment of $50,000 for each campus in the district that
participates in the Communities In Schools program under Subchapter
E, Chapter 33.
(b) The commissioner by rule may establish requirements for
the use of an allotment under this section by a school district to
ensure that the allotment is used to establish or expand a
Communities In Schools program on a district campus.
(c) The amount appropriated for allotments under this
section may not exceed $50 million in a school year. If the total
amount of allotments to which districts are entitled under this
section for a school year exceeds the amount appropriated under
this subsection, the commissioner shall proportionately reduce
each district's allotment under this section.
(d) The commissioner may reduce the amount of a school
district's allotment under this section if the commissioner
determines that the district has not complied with any provision of
this section.
SECTION 4.17. Section 48.202(a-1), Education Code, is
amended to read as follows:
(a-1) For purposes of Subsection (a), the dollar amount
guaranteed level of state and local funds per weighted student per
cent of tax effort ("GL") for a school district is:
(1) the greater of the amount of district tax revenue
per weighted student per cent of tax effort available to a school
district at the 96th percentile of wealth per weighted student or
the amount that results from multiplying the maximum amount of the
basic allotment provided under Section 48.051 for the applicable
school year [6,160, or the greater amount provided under Section
48.051(b), if applicable,] by 0.016, for the first eight cents by
which the district's maintenance and operations tax rate exceeds
the district's tier one tax rate; and
(2) subject to Subsection (f), the amount that results
from multiplying the maximum amount of the basic allotment provided
under Section 48.051 for the applicable school year [$6,160, or the
greater amount provided under Section 48.051(b), if applicable,] by
0.008, for the district's maintenance and operations tax effort
that exceeds the amount of tax effort described by Subdivision (1).
SECTION 4.18. Subchapter G, Chapter 48, Education Code, is
amended by adding Sections 48.304 and 48.306 to read as follows:
Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
qualifying day placement program that a regional education service
center makes available in partnership with a school district,
open-enrollment charter school, or shared services arrangement,
the center is entitled to an allotment of:
(1) $250,000 for the first year of the program's
operation; and
(2) $150,000 for each year of the program's operation
after the first year.
(b) A day placement program qualifies for purposes of
Subsection (a) if:
(1) the program complies with commissioner rules
adopted under Section 48.102(c);
(2) the program offers services to students who are
enrolled at any school district or open-enrollment charter school
in the county in which the program is offered, unless the
commissioner by rule waives or modifies the requirement under this
subdivision for the program to serve all students in a county; and
(3) the agency has designated the program for service
in the county in which the program is offered and determined that,
at the time of designation, the program increases the availability
of day placement services in the county.
Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
the agency awards a grant under Subchapter A-1, Chapter 29, is
entitled to receive an amount of $1,500 or a greater amount provided
by appropriation.
(b) The legislature shall include in the appropriations for
the Foundation School Program state aid sufficient for the agency
to award grants under Subchapter A-1, Chapter 29, in the amount
provided by this section.
(c) A student may receive one grant under Subchapter A-1,
Chapter 29, unless the legislature appropriates money for an
additional grant in the General Appropriations Act.
(d) A determination of the commissioner under this section
is final and may not be appealed.
SECTION 4.19. Immediately following the effective date of
this article, a school district or open-enrollment charter school
shall redesignate a teacher who holds a designation made under
Section 21.3521, Education Code, before the effective date of this
article, to reflect the teacher's designation under Section
21.3521, Education Code, as amended by this article. Funding
provided to a school district under Section 48.112, Education Code,
for a teacher who held a designation made under Section 21.3521,
Education Code, as that section existed immediately before the
effective date of this article, shall be increased to reflect the
teacher's redesignation under Section 21.3521, Education Code, as
amended by this article.
SECTION 4.20. Section 48.114(b), Education Code, is
repealed.
SECTION 4.21. Except as otherwise provided by this article,
this article takes effect September 1, 2025.
ARTICLE 5. CHANGES RELATED TO SPECIAL EDUCATION EFFECTIVE FOR
2024-2025 SCHOOL YEAR
SECTION 5.01. Section 29.001, Education Code, is amended to
read as follows:
Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
LAW [STATEWIDE PLAN]. (a) As the state education agency
responsible for carrying out the purposes of Part B, Individuals
with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et
seq.), the [The] agency shall develop, and revise [modify] as
necessary, a comprehensive system to ensure statewide and local
compliance [design, consistent] with federal and state law related
to special education[, for the delivery of services to children
with disabilities in this state that includes rules for the
administration and funding of the special education program so that
a free appropriate public education is available to all of those
children between the ages of three and 21].
(b) The comprehensive system [statewide design] shall
include the provision of services primarily through school
districts and shared services arrangements, supplemented by
regional education service centers.
(c) The comprehensive system [agency] shall focus on
maximizing student outcomes and include [also develop and implement
a statewide plan with programmatic content that includes procedures
designed to]:
(1) rulemaking, technical assistance, guidance
documents, monitoring protocols, and other resources as necessary
to implement and ensure compliance with federal and state law
related to special education [ensure state compliance with
requirements for supplemental federal funding for all
state-administered programs involving the delivery of
instructional or related services to students with disabilities];
(2) the facilitation of [facilitate] interagency
coordination when other state agencies are involved in the delivery
of instructional or related services to students with disabilities;
(3) the pursuit of [periodically assess statewide
personnel needs in all areas of specialization related to special
education and pursue] strategies to meet statewide special
education and related services personnel [those] needs [through a
consortium of representatives from regional education service
centers, local education agencies, and institutions of higher
education and through other available alternatives];
(4) ensuring [ensure] that regional education service
centers throughout the state maintain a regional support function,
which may include direct service delivery and a component designed
to facilitate the placement of students with disabilities who
cannot be appropriately served in their resident districts;
(5) [allow the agency to] effectively monitoring
[monitor] and periodically conducting [conduct] site visits of all
school districts to ensure that rules adopted under this subchapter
[section] are applied in a consistent and uniform manner, to ensure
that districts are complying with those rules, and to ensure that
annual statistical reports filed by the districts and not otherwise
available through the Public Education Information Management
System under Sections 48.008 and 48.009 are accurate and complete;
and
(6) the provision of training and technical assistance
to ensure that:
(A) appropriately trained personnel are involved
in the diagnostic and evaluative procedures operating in all
districts and that those personnel routinely serve on district
admissions, review, and dismissal committees;
(B) [(7) ensure that] an individualized
education program for each student with a disability is properly
developed, implemented, and maintained in the least restrictive
environment that is appropriate to meet the student's educational
needs;
(C) [(8) ensure that,] when appropriate, each
student with a disability is provided an opportunity to participate
in career and technology and physical education classes[, in
addition to participating in regular or special classes];
(D) [(9) ensure that] each student with a
disability is provided necessary related services;
(E) [(10) ensure that] an individual assigned
to act as a surrogate parent for a child with a disability, as
provided by 20 U.S.C. Section 1415(b), is required to:
(i) [(A)] complete a training program that
complies with minimum standards established by agency rule;
(ii) [(B)] visit the child and the child's
school;
(iii) [(C)] consult with persons involved
in the child's education, including teachers, caseworkers,
court-appointed volunteers, guardians ad litem, attorneys ad
litem, foster parents, and caretakers;
(iv) [(D)] review the child's educational
records;
(v) [(E)] attend meetings of the child's
admission, review, and dismissal committee;
(vi) [(F)] exercise independent judgment
in pursuing the child's interests; and
(vii) [(G)] exercise the child's due
process rights under applicable state and federal law; and
(F) [(11) ensure that] each district develops a
process to be used by a teacher who instructs a student with a
disability in a regular classroom setting:
(i) [(A)] to request a review of the
student's individualized education program;
(ii) [(B)] to provide input in the
development of the student's individualized education program;
(iii) [(C)] that provides for a timely
district response to the teacher's request; and
(iv) [(D)] that provides for notification
to the student's parent or legal guardian of that response.
SECTION 5.02. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0012 to read as follows:
Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
least once each year, the board of trustees of a school district or
the governing body of an open-enrollment charter school shall
include during a public meeting a discussion of the performance of
students receiving special education services at the district or
school.
(b) The agency by rule shall adopt a set of performance
indicators for measuring and evaluating the quality of learning and
achievement for students receiving special education services at
the school district or open-enrollment charter school to be
considered at a meeting held under this section. The indicators
must include performance on the college, career, or military
readiness outcomes described by Section 48.110.
SECTION 5.03. Section 29.003, Education Code, is amended to
read as follows:
Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
develop specific eligibility criteria based on the general
classifications established by this section and in accordance with
federal law [with reference to contemporary diagnostic or
evaluative terminologies and techniques]. Eligible students with
disabilities shall enjoy the right to a free appropriate public
education, which may include instruction in the regular classroom,
instruction through special teaching, or instruction through
contracts approved under this subchapter. Instruction shall be
supplemented by the provision of related services when appropriate.
(b) A student is eligible to participate in a school
district's special education program [if the student]:
(1) from birth through [is not more than] 21 years of
age if the student [and] has a visual [or auditory] impairment or is
deaf or hard of hearing and that disability prevents the student
from being adequately or safely educated in public school without
the provision of special education services; [or]
(2) from three years of age through five years of age
if the student is experiencing developmental delays as described by
20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
(3) from 3 years of age through [is at least three but
not more than] 21 years of age if the student [and] has one or more
of the [following] disabilities described by 20 U.S.C. Section
1401(3)(A) and that disability prevents the student from being
adequately or safely educated in public school without the
provision of special education services[:
[(A) physical disability;
[(B) intellectual or developmental disability;
[(C) emotional disturbance;
[(D) learning disability;
[(E) autism;
[(F) speech disability; or
[(G) traumatic brain injury].
SECTION 5.04. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0056 to read as follows:
Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
CENTERS. (a) In this section, "state supported living center" has
the meaning assigned by Section 531.002, Health and Safety Code.
(b) The Health and Human Services Commission, in
collaboration with the agency and stakeholders who represent the
full continuum of educational residential placement options, shall
develop and provide to the agency materials regarding educational
residential placement options for children who may qualify for
placement in a state supported living center. The agency shall make
the materials developed under this subsection available to school
districts.
(c) At a meeting of a child's admission, review, and
dismissal committee at which residential placement is discussed,
the school district shall provide to the child's parent the
materials developed under Subsection (b).
SECTION 5.05. Section 29.008, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
read as follows:
(a) The commissioner shall establish a list of approved
public or private facilities, institutions, or agencies inside or
outside of this state that a [A] school district, shared services
arrangement unit, or regional education service center may contract
with [a public or private facility, institution, or agency inside
or outside of this state] for the provision of services to students
with disabilities in a residential placement. The commissioner may
approve either the whole or a part of a facility or program.
(a-1) Each contract described by this section [for
residential placement] must be approved by the commissioner. The
commissioner may approve a [residential placement] contract under
this section only after at least a programmatic evaluation of
personnel qualifications, costs, adequacy of physical plant and
equipment, and curriculum content. [The commissioner may approve
either the whole or a part of a facility or program.]
(b) Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds. The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local fund assignment
under Section 48.256, divided by the average daily attendance in
the district. If the contract involves a private facility, the
state share of the total contract cost is that amount remaining
after subtracting the local share. If the contract involves a
public facility, the state share is that amount remaining after
subtracting the local share from the portion of the contract that
involves the costs of instructional and related services. For
purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and
maintenance and operation less any amounts paid into a tax
increment fund under Chapter 311, Tax Code. This subsection
expires September 1, 2027.
SECTION 5.06. The heading to Section 29.009, Education
Code, is amended to read as follows:
Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
DISABILITIES].
SECTION 5.07. Section 29.010, Education Code, is amended to
read as follows:
Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
agency shall develop [adopt] and implement a comprehensive system
for monitoring school district compliance with federal and state
laws relating to special education. The monitoring system must
include a comprehensive cyclical process and a targeted risk-based
process [provide for ongoing analysis of district special education
data and of complaints filed with the agency concerning special
education services and for inspections of school districts at
district facilities]. The agency shall establish criteria and
instruments for use in determining district compliance under this
section [use the information obtained through analysis of district
data and from the complaints management system to determine the
appropriate schedule for and extent of the inspection].
(b) As part of the monitoring process [To complete the
inspection], the agency must obtain information from parents and
teachers of students in special education programs in the district.
(c) The agency shall develop and implement a system of
interventions and sanctions for school districts the agency
identifies as being in noncompliance with [whose most recent
monitoring visit shows a failure to comply with major requirements
of] the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.), federal regulations, state statutes, or
agency requirements necessary to carry out federal law or
regulations or state law relating to special education.
(d) The agency shall establish a graduated process of
sanctions to apply to [For] districts that remain in noncompliance
for more than one year[, the first stage of sanctions shall begin
with annual or more frequent monitoring visits]. The [Subsequent]
sanctions shall [may] range in severity and may include [up to] the
withholding of funds. If funds are withheld, the agency may use the
funds to provide, through alternative arrangements, services to
students and staff members in the district from which the funds are
withheld.
(e) The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
[(f) This section does not create an obligation for or
impose a requirement on a school district or open-enrollment
charter school that is not also created or imposed under another
state law or a federal law.]
SECTION 5.08. Section 29.018, Education Code, is amended by
adding Subsection (g) to read as follows:
(g) This section expires September 1, 2026.
SECTION 5.09. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.026, 29.027, and 29.029 to read as
follows:
Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
WITH AUTISM. (a) The commissioner shall establish a program to
award grants to school districts and open-enrollment charter
schools that provide innovative services to students with autism.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
and an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, may apply for a grant under this section.
(c) A program is eligible for a grant under this section if
the program:
(1) incorporates:
(A) evidence-based and research-based design;
(B) the use of empirical data on student
achievement and improvement;
(C) parental support and collaboration;
(D) the use of technology;
(E) meaningful inclusion; and
(F) the ability to replicate the program for
students statewide; and
(2) gives priority for enrollment to students with
autism.
(d) A school district or open-enrollment charter school may
not:
(1) charge a fee for the program, other than those
authorized by law for students in public schools;
(2) require a parent to enroll a child in the program;
(3) allow an admission, review, and dismissal
committee to place a student in the program without the written
consent of the student's parent or guardian; or
(4) continue the placement of a student in the program
after the student's parent or guardian revokes consent, in writing,
to the student's placement in the program.
(e) A program under this section may:
(1) alter the length of the school day or school year
or the number of minutes of instruction received by students;
(2) coordinate services with private or
community-based providers;
(3) allow the enrollment of students without
disabilities or with other disabilities, if approved by the
commissioner; and
(4) adopt staff qualifications and staff to student
ratios that differ from the applicable requirements of this title.
(f) The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(g) In selecting programs to receive a grant under this
section, the commissioner shall prioritize programs that are
collaborations between multiple school districts, multiple charter
schools, or school districts and charter schools. The selected
programs must reflect the diversity of this state.
(h) A program selected to receive a grant under this section
is to be funded for two years.
(i) A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program funds that the district or charter school is
otherwise entitled to receive. A grant awarded under this section
may not come out of Foundation School Program funds.
(j) The commissioner shall use funds appropriated or
otherwise available to fund grants under this section.
(k) The commissioner and any program selected under this
section may accept gifts, grants, and donations from any public or
private source, person, or group to implement and administer the
program. The commissioner and any program selected under this
section may not require any financial contribution from parents to
implement and administer the program.
(l) A regional education service center may administer
grants awarded under this section.
Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
FOR TEACHERS AND STAFF. (a) The commissioner shall establish a
program to award grants to school districts and open-enrollment
charter schools to increase local capacity to appropriately serve
students with dyslexia.
(b) A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
or an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, is eligible to apply for a grant under this section
if the district or school submits to the commissioner a proposal on
the use of grant funds that:
(1) incorporates evidence-based and research-based
design; and
(2) increases local capacity to appropriately serve
students with dyslexia by providing:
(A) high-quality training to classroom teachers
and administrators in meeting the needs of students with dyslexia;
or
(B) training to intervention staff resulting in
appropriate credentialing related to dyslexia.
(c) The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
of grants under this section.
(d) A grant under this section is to be awarded for two
years.
(e) A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program funds that the district or charter school is
otherwise entitled to receive. A grant awarded under this section
may not come out of Foundation School Program funds.
(f) The commissioner shall use funds appropriated or
otherwise available to fund grants under this section.
(g) The commissioner and any grant recipient selected under
this section may accept gifts, grants, and donations from any
public or private source, person, or group to implement and
administer the grant. The commissioner and any grant recipient
selected under this section may not require any financial
contribution from parents to implement and administer the grant.
(h) A regional education service center may administer
grants awarded under this section.
Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
STAFF. (a) From funds appropriated or otherwise available for the
purpose, the agency shall provide grants to school districts and
open-enrollment charter schools to increase the number of qualified
and appropriately credentialed special education staff, including
special education teachers, special education paraprofessionals,
evaluation personnel, ancillary instruction personnel, and related
service personnel.
(b) A school district or open-enrollment charter school
that receives a grant under this section shall require each person
the district or school uses the grant money to assist in becoming
licensed, certified, or otherwise credentialed as described by
Subsection (a) to work at the district or school for a period
established by commissioner rule.
(c) The commissioner shall adopt rules establishing the
period of required employment described by Subsection (b) and any
other rules necessary to implement this section.
SECTION 5.10. The heading to Subchapter A-1, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
[PROGRAM]
SECTION 5.11. Sections 29.041(2) and (3), Education Code,
are amended to read as follows:
(2) "Supplemental [special education] instructional
materials" includes textbooks, computer hardware or software,
other technological devices, and other materials suitable for
addressing an educational need of a student receiving special
education services under Subchapter A.
(3) "Supplemental [special education] services" means
an additive service that provides an educational benefit to a
student receiving special education services under Subchapter A,
including:
(A) occupational therapy, physical therapy, and
speech therapy; and
(B) private tutoring and other supplemental
private instruction or programs.
SECTION 5.12. Section 29.042(a), Education Code, is amended
to read as follows:
(a) The agency by rule shall establish and administer a
parent-directed [supplemental special education services and
instructional materials] program for students receiving special
education services through which a parent may direct supplemental
services and supplemental instructional materials for the parent's
student [students] who meets [meet] the eligibility requirements
for participation in the program. Subject to Subsection (c), the
agency shall provide each student approved as provided by this
subchapter a grant of not more than $1,500 to purchase supplemental
[special education] services and supplemental [special education]
instructional materials. A student may receive one grant under
this subchapter unless the legislature appropriates money for an
additional grant in the General Appropriations Act.
SECTION 5.13. Section 29.045, Education Code, is amended to
read as follows:
Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. The [Subject to available funding the] agency shall
approve each student who meets the program eligibility criteria
established under Section 29.044 and assign to the student an
account maintained under Section 29.042(b). The account may only
be used by the student's parent to purchase supplemental [special
education] services or supplemental [special education]
instructional materials for the student, subject to Sections 29.046
and 29.047.
SECTION 5.14. Sections 29.046(a) and (b), Education Code,
are amended to read as follows:
(a) Money in an account assigned to a student under Section
29.045 may be used only for supplemental [special education]
services and supplemental [special education] instructional
materials.
(b) Supplemental [special education] services must be
provided by an agency-approved provider.
SECTION 5.15. Sections 29.047(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a) The agency shall establish criteria necessary for
agency approval for each category of provider of a professional
service that is a supplemental [special education] service, as
identified by the agency.
(c) The agency shall provide a procedure for providers of
supplemental [special education] services to apply to the agency to
become an agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental [special education]
instructional materials identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental [special education]
instructional materials, the agency shall provide a procedure for
vendors of that category to apply to the agency to become an
agency-approved vendor.
SECTION 5.16. Subchapter A-1, Chapter 29, Education Code,
is amended by adding Section 29.0475 to read as follows:
Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) A provider of supplemental services or vendor of
supplemental instructional materials that receives money
distributed under the program is not a recipient of federal
financial assistance on the basis of receiving that money.
(b) A rule adopted or action taken related to the program by
an individual, governmental entity, court of law, or program
administrator may not:
(1) consider the actions of a provider of supplemental
services, vendor of supplemental instructional materials, or
program participant to be the actions of an agent of state
government;
(2) limit:
(A) a provider of supplemental services' ability
to determine the methods used to educate the provider's students or
to exercise the provider's religious or institutional values; or
(B) a program participant's ability to determine
the participant's educational content or to exercise the
participant's religious values;
(3) obligate a provider of supplemental services or
program participant to act contrary to the provider's or
participant's religious or institutional values, as applicable;
(4) impose any regulation on a provider of
supplemental services, vendor of supplemental instructional
materials, or program participant beyond those regulations
necessary to enforce the requirements of the program; or
(5) require as a condition of receiving money
distributed under the program:
(A) a provider of supplemental services to modify
the provider's creed, practices, admissions policies, curriculum,
performance standards, employment policies, or assessments; or
(B) a program participant to modify the
participant's creed, practices, curriculum, performance standards,
or assessments.
(c) In a proceeding challenging a rule adopted by a state
agency or officer under this subchapter, the agency or officer has
the burden of proof to establish by clear and convincing evidence
that the rule:
(1) is necessary to implement or enforce the program
as provided by this subchapter;
(2) does not violate this section;
(3) does not impose an undue burden on a program
participant or a provider of supplemental services or vendor of
supplemental instructional materials that participates or applies
to participate in the program; and
(4) is the least restrictive means of accomplishing
the purpose of the program while recognizing the independence of a
provider of supplemental services to meet the educational needs of
students in accordance with the provider's religious or
institutional values.
SECTION 5.17. Section 29.048, Education Code, is amended to
read as follows:
Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES. (a) A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental [special education]
services or supplemental instructional materials that may be
provided under the program under this subchapter.
(b) Unless the district first verifies that an account has
been assigned to the student under Section 29.045, the [The]
admission, review, and dismissal committee of a student approved
for participation in the program shall provide to the student's
parent at an admission, review, and dismissal committee meeting for
the student:
(1) information regarding the types of supplemental
[special education] services or supplemental instructional
materials available under the program and provided by
agency-approved providers for which an account maintained under
Section 29.042(b) for the student may be used; and
(2) instructions regarding accessing an account
described by Subdivision (1).
SECTION 5.18. Subchapter A-1, Chapter 29, Education Code,
is amended by adding Section 29.0485 to read as follows:
Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter is final and may not be appealed.
SECTION 5.19. Section 29.049, Education Code, is amended to
read as follows:
Sec. 29.049. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental [special education]
services and supplemental instructional materials program under
this subchapter.
SECTION 5.20. Section 29.315, Education Code, is amended to
read as follows:
Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
UNDERSTANDING. The Texas Education Agency and the Texas School for
the Deaf shall develop[, agree to, and by commissioner rule adopt no
later than September 1, 1998,] a memorandum of understanding to
establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Deaf;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school;
(4) the process for the agency to assign an
accreditation status to the school, to reevaluate the status on an
annual basis, and, if necessary, to conduct monitoring reviews; and
(5) the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 5.21. Section 30.001(b), Education Code, is amended
to read as follows:
(b) The commissioner, with the approval of the State Board
of Education, shall develop and implement a plan for the
coordination of services to children with disabilities in each
region served by a regional education service center. The plan
must include procedures for:
(1) identifying existing public or private
educational and related services for children with disabilities in
each region;
(2) identifying and referring children with
disabilities who cannot be appropriately served by the school
district in which they reside to other appropriate programs;
(3) assisting school districts to individually or
cooperatively develop programs to identify and provide appropriate
services for children with disabilities;
(4) expanding and coordinating services provided by
regional education service centers for children with disabilities;
and
(5) providing for special education supports
[services], including special seats, books, instructional media,
and other supplemental supplies and services required for proper
instruction.
SECTION 5.22. Section 30.002(g), Education Code, is amended
to read as follows:
(g) To facilitate implementation of this section, the
commissioner shall develop a system to distribute from the
foundation school fund to school districts or regional education
service centers a special supplemental allowance for each student
with a visual impairment and for each student with a serious visual
disability and another medically diagnosed disability of a
significantly limiting nature who is receiving special education
services through any approved program. The supplemental allowance
may be spent only for special education services uniquely required
by the nature of the student's disabilities and may not be used in
lieu of educational funds otherwise available under this code or
through state or local appropriations.
SECTION 5.23. Section 30.005, Education Code, is amended to
read as follows:
Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
and the Texas School for the Blind and Visually Impaired shall
develop[, agree to, and by commissioner rule adopt] a memorandum of
understanding to establish:
(1) the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
Blind and Visually Impaired;
(2) the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3) the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school;
(4) the process for the agency to:
(A) assign an accreditation status to the school;
(B) reevaluate the status on an annual basis; and
(C) if necessary, conduct monitoring reviews;
and
(5) the type of information the school shall be
required to provide through the Public Education Information
Management System (PEIMS).
SECTION 5.24. Section 37.146(a), Education Code, as
effective until January 1, 2025, is amended to read as follows:
(a) A complaint alleging the commission of a school offense
must, in addition to the requirements imposed by Article 45.019,
Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special education services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
SECTION 5.25. Section 37.146(a), Education Code, as
effective January 1, 2025, is amended to read as follows:
(a) A complaint alleging the commission of a school offense
must, in addition to the requirements imposed by Article 45A.101,
Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
special education services under Subchapter A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
SECTION 5.26. Section 48.265(a), Education Code, is amended
to read as follows:
(a) If [Notwithstanding any other provision of law, if] the
commissioner determines that the amount appropriated for the
purposes of the Foundation School Program exceeds the amount to
which school districts are entitled under this chapter, the
commissioner may provide [by rule shall establish a grant program
through which excess funds are awarded as] grants using the excess
money for the purchase of video equipment, or for the reimbursement
of costs for previously purchased video equipment, used for
monitoring special education classrooms or other special education
settings required under Section 29.022.
SECTION 5.27. Section 29.002, Education Code, is repealed.
SECTION 5.28. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 6. EDUCATION SAVINGS ACCOUNT PROGRAM
SECTION 6.01. Chapter 29, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Account" means an education savings account
established under the program.
(2) "Certified educational assistance organization"
means an organization certified under Section 29.354 to support the
administration of the program.
(3) "Child with a disability" means a child who is
eligible to participate in a school district's special education
program under Section 29.003.
(4) "Higher education provider" means an institution
of higher education or a private or independent institution of
higher education, as those terms are defined by Section 61.003.
(5) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(6) "Participating child" means a child enrolled in
the program.
(7) "Participating parent" means a parent of a
participating child who submitted an application under Section
29.356 on behalf of the child.
(8) "Program" means the program established under this
subchapter.
(9) "Program participant" means a participating child
or a participating parent.
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
shall establish a program to provide funding for approved
education-related expenses of participating children.
Sec. 29.3521. AMOUNT OF APPROPRIATION. The amount of money
appropriated for a state fiscal biennium for purposes of the
program may not exceed the greater of:
(1) the amount of money appropriated for purposes of
the program for the preceding biennium; or
(2) the amount of money necessary for the biennium to
provide the amount specified under Section 29.361 for each
participating child and each child on the waiting list maintained
by the comptroller under Section 29.356(d) on the January 1
preceding the biennium.
Sec. 29.353. PROGRAM FUND. (a) The program fund is an
account in the general revenue fund to be administered by the
comptroller.
(b) The fund is composed of:
(1) money appropriated to the fund;
(2) gifts, grants, and donations received under
Section 29.370; and
(3) any other money available for purposes of the
program.
(c) Money in the fund may be appropriated only for the uses
specified by this subchapter.
(d) The governor and the Legislative Budget Board may not
transfer or repurpose money under a proposal under Chapter 317,
Government Code, to provide funding to administer the program.
Sec. 29.3535. PROMOTION OF PROGRAM. Notwithstanding
Chapter 2113, Government Code, the comptroller or the comptroller's
designee may enter into contracts or agreements and engage in
marketing, advertising, and other activities to promote, market,
and advertise the development and use of the program. The
comptroller may use money from the program fund to pay for
activities authorized under this section.
Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
ORGANIZATIONS. (a) An organization may apply to the comptroller
for certification as a certified educational assistance
organization during an application period established by the
comptroller.
(b) To be eligible for certification, an organization must:
(1) have the ability to perform one or more of the
duties and functions required of a certified educational assistance
organization under this subchapter;
(2) be in good standing with the state; and
(3) be able to assist the comptroller in administering
the program in whole or in part, such as the ability to:
(A) accept, process, and track applications for
the program;
(B) assist prospective applicants, applicants,
and program participants with finding preapproved education
service providers and vendors of educational products;
(C) accept and process payments for approved
education-related expenses; and
(D) verify that program funding is used only for
approved education-related expenses.
(c) The comptroller may certify one or more educational
assistance organizations to support the administration of the
program, including by:
(1) administering in whole or in part:
(A) the application process under Section
29.356; and
(B) the program expenditures process under
Section 29.360; and
(2) assisting prospective applicants, applicants, and
program participants with understanding approved education-related
expenses and finding preapproved education service providers and
vendors of educational products.
(d) A certified educational assistance organization is not
considered to be a provider of professional or consulting services
under Chapter 2254, Government Code.
Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
participate in the program and may, subject to available funding
and the requirements of this subchapter, initially enroll in the
program for the following school year if the child is eligible to
attend a public school under Section 25.001 and:
(1) either:
(A) was enrolled in a public school in this state
for at least 90 percent of the school year preceding the school year
for which the child applies to enroll in the program;
(B) is enrolling in kindergarten or first grade
for the first time; or
(C) attended a private school on a full-time
basis or was home-schooled for the preceding school year; or
(2) is a sibling of a child who is eligible to
participate in the program and:
(A) applies to enroll in the program for the same
school year in which the sibling applies to enroll in the program;
or
(B) is participating in the program.
(b) A child who establishes eligibility under this section
may, subject to available funding and the requirements of this
subchapter, participate in the program until the earliest of the
following dates:
(1) the date on which the child graduates from high
school;
(2) the date on which the child is no longer eligible
to attend a public school under Section 25.001;
(3) the date on which the child enrolls in a public
school, including an open-enrollment charter school, in a manner in
which the child will be counted toward the school's average daily
attendance for purposes of the allocation of funding under the
foundation school program;
(4) the date on which the child fails to perform
satisfactorily for the second consecutive year on an assessment
instrument required under Section 29.371; or
(5) the date on which the child is declared ineligible
for the program by the comptroller under this subchapter.
(c) Notwithstanding Subsection (a) or (b), a child is not
eligible to participate in the program during the period in which
the child's parent or legal guardian is a state representative or
state senator.
Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
eligible child may apply to a certified educational assistance
organization designated by the comptroller to enroll the child in
the program for the following school year. The comptroller shall
establish deadlines by which an applicant must complete and submit
an application form to participate in the program.
(b) On receipt of more acceptable applications during an
application period for admission under this section than available
positions in the program due to insufficient funding, a certified
educational assistance organization shall, at the direction of the
comptroller, prioritize applicants:
(1) in the following order:
(A) children to whom Paragraph (B) does not
apply; and
(B) children who previously ceased participation
in the program due to enrollment in a public school; and
(2) within each of the groups described by Subdivision
(1), as follows, as applicable:
(A) children with a disability who are members of
a household with a total annual income that is at or below 400
percent of the federal poverty guidelines;
(B) children who are members of a household with
a total annual income that is at or below 185 percent of the federal
poverty guidelines;
(C) children who are members of a household with
a total annual income that is above 185 percent of the federal
poverty guidelines and below 400 percent of the federal poverty
guidelines; and
(D) children who are members of a household with
a total annual income that is at or above 400 percent of the federal
poverty guidelines.
(b-1) For purposes of Subsection (b), a certified
educational assistance organization shall prioritize a
participating child's sibling who is initially eligible to
participate in the program under Section 29.355(a)(2) in the same
manner as the participating child.
(b-2) The agency shall provide to the comptroller the
information necessary to make the determinations required under
Subsection (b).
(c) The comptroller shall create an application form for the
program and ensure the application form is made readily available
through various sources, including a certified educational
assistance organization's Internet website. The application form
must state the application deadlines established by the comptroller
under Subsection (a). Each certified educational assistance
organization designated under Subsection (a) shall ensure that the
application form, including any required supporting document, is
capable of being submitted to the organization electronically.
(d) The comptroller shall create and maintain a waiting list
based on the priority categories described by Subsection (b) for
applicants if, during an application period, there are more
acceptable applications for admission than there are available
positions.
(e) Each certified educational assistance organization
designated under Subsection (a) shall post on the organization's
Internet website program information for prospective applicants,
including:
(1) a description of the program;
(2) expenses allowed under the program under Section
29.359;
(3) a link to a list of preapproved education service
providers and vendors of educational products under Section 29.358;
(4) a description of the application process;
(5) a description of the applicant selection process;
(6) a description of the program expenditures process
under Section 29.360; and
(7) a description of the responsibilities of program
participants.
(f) A certified educational assistance organization shall
produce and provide to each participating parent a
comptroller-approved program participant handbook that includes:
(1) information regarding expenses allowed under the
program under Section 29.359;
(2) if the handbook is provided electronically, a link
to a list of preapproved education service providers and vendors of
educational products under Section 29.358;
(3) a description of the program expenditures process
under Section 29.360; and
(4) a description of the responsibilities of program
participants.
(g) Each certified educational assistance organization
designated under Subsection (a) shall on enrollment and annually
provide to each participating parent the information described by
Subsections (e) and (f). The organization may provide the
information electronically.
(h) The comptroller or a certified educational assistance
organization designated under Subsection (a):
(1) may require a participating parent to submit
annual notice regarding the parent's intent for the child to
continue participating in the program for the next school year; and
(2) may not require a program participant in good
standing to annually resubmit an application for continued
participation in the program.
Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
under the program, a participating parent must agree to:
(1) spend money received through the program only for
expenses allowed under Section 29.359;
(2) ensure the administration of assessment
instruments to the participating child in accordance with Section
29.371 and share or authorize administrators of assessment
instruments to share with the child's certified educational
assistance organization the results of those assessment
instruments;
(3) refrain from selling an item purchased with
program money while the child is participating in the program; and
(4) notify the applicable certified educational
assistance organization not later than 30 days after the date on
which the child:
(A) enrolls in a public school, including an
open-enrollment charter school in a manner in which the child will
be counted toward the school's average daily attendance for
purposes of the allocation of funding under the foundation school
program;
(B) graduates from high school; or
(C) is no longer eligible to enroll in a public
school under Section 25.001.
Sec. 29.358. PREAPPROVED PROVIDERS AND VENDORS. (a) The
comptroller shall by rule establish a process for the preapproval
of education service providers and vendors of educational products
for participation in the program. The comptroller shall allow for
the submission of applications on a rolling basis.
(b) The comptroller shall approve an education service
provider or vendor of educational products for participation in the
program if the provider or vendor:
(1) has previously been approved by the agency to
provide supplemental special education services under Subchapter
A-1 and remains in good standing with the agency;
(2) for a private school, demonstrates accreditation
by an organization recognized by:
(A) the Texas Private School Accreditation
Commission; or
(B) the agency;
(3) for a public school, demonstrates:
(A) accreditation by the agency; and
(B) the ability to provide services or products
to participating children in a manner in which the children are not
counted toward the school's average daily attendance;
(4) for a private tutor, therapist, or teaching
service, demonstrates that:
(A) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a participating child:
(i) is an educator employed by or a retired
educator formerly employed by a school accredited by the agency, an
organization recognized by the agency, or an organization
recognized by the Texas Private School Accreditation Commission;
(ii) holds a relevant license or
accreditation issued by a state, regional, or national
certification or accreditation organization; or
(iii) is employed in or retired from a
teaching or tutoring capacity at a higher education provider;
(B) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a participating child provided to the comptroller a national
criminal history record information review completed by the tutor,
therapist, or employee, as applicable, within a period established
by comptroller rule; and
(C) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a participating child is not:
(i) required to be discharged or refused to
be hired by a school district under Section 22.085; or
(ii) included in the registry under Section
22.092; or
(5) for a higher education provider, demonstrates
nationally recognized postsecondary accreditation.
(c) The comptroller shall review the national criminal
history record information or documentation for each private tutor,
therapist, or teaching service employee who submits information or
documentation under this section. The tutor, therapist, or service
must provide the comptroller with any information requested by the
comptroller to enable the comptroller to complete the review.
(d) An education service provider or vendor of educational
products shall provide information requested by the comptroller to
verify the provider's or vendor's eligibility for preapproval under
Subsection (b). The comptroller may not approve a provider or
vendor if the comptroller cannot verify the provider's or vendor's
eligibility for preapproval.
(e) An education service provider or vendor of educational
products must agree to:
(1) abide by the disbursement schedule under Section
29.360(c) and all other requirements of this subchapter;
(2) accept money from the program only for
education-related expenses approved under Section 29.359;
(3) notify the comptroller not later than the 30th day
after the date that the provider or vendor no longer meets the
requirements of this section; and
(4) return any money received in violation of this
subchapter or other relevant law to the comptroller for deposit
into the program fund.
(f) An education service provider or vendor of educational
products that receives approval under this section may participate
in the program until the earliest of the date on which the provider
or vendor:
(1) no longer meets the requirements under this
section; or
(2) violates this subchapter or other relevant law.
(g) This section may not be construed to allow a learning
pod, as defined by Section 27.001, or a home school to qualify as an
approved education service provider or vendor of educational
products.
Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
Subject to Subsection (b), money received under the program may be
used only for the following education-related expenses incurred by
a participating child at a preapproved education service provider
or vendor of educational products:
(1) tuition and fees for:
(A) a private school;
(B) a higher education provider;
(C) an online educational course or program; or
(D) a program that provides training for an
industry-based credential;
(2) the purchase of textbooks or other instructional
materials or uniforms required by a private school, higher
education provider, or course in which the child is enrolled,
including purchases made through a third-party vendor of
educational products;
(3) fees for classes or other educational services
provided by a public school, including an open-enrollment charter
school, if the classes or services do not qualify the child to be
included in the school's average daily attendance;
(4) costs related to academic assessments;
(5) fees for services provided by a private tutor or
teaching service;
(6) fees for transportation provided by a
fee-for-service transportation provider for the child to travel to
and from a preapproved education service provider or vendor of
educational products;
(7) fees for educational therapies or services
provided by a practitioner or provider, only for fees that are not
covered by any federal, state, or local government benefits such as
Medicaid or the Children's Health Insurance Program (CHIP) or by
any private insurance that the child is enrolled in at the time of
receiving the therapies or services;
(8) costs of computer hardware and software and other
technological devices prescribed by a physician to facilitate a
child's education, not to exceed in any year 10 percent of the total
amount paid to the participating child's account that year;
(9) costs of breakfast or lunch provided to a child
during the school day by a private school; and
(10) before- and after-school academic child care from
a provider that has a partnership with a public school to provide
before- or after-school child care.
(b) Money received under the program may not be used to pay
any person who is related to the program participant within the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code.
(c) A finding that a program participant used money
distributed under the program to pay for an expense not allowed
under Subsection (a) does not affect the validity of any payment
made by the participant for an approved education-related expense
that is allowed under that subsection.
Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
shall disburse from the program fund to each certified educational
assistance organization the amount specified under Section
29.361(a) for each participating child for which the organization
is responsible.
(b) To initiate payment to an education service provider or
vendor of educational products for an education-related expense
approved under Section 29.359, the participating parent must submit
a request in a form prescribed by comptroller rule to the applicable
certified educational assistance organization.
(c) Subject to Subsection (d) and Sections 29.362(g) and
29.364, on receiving a request under Subsection (b), a certified
educational assistance organization shall verify that the request
is for an expense approved under Section 29.359 and, not later than
the 15th business day after the date the organization verifies the
request, send payment to the education service provider or vendor
of educational products.
(d) A disbursement under this section may not exceed the
applicable participating child's account balance.
(e) A certified educational assistance organization shall
provide the participating parent for which the organization is
responsible with electronic access to:
(1) view the current balance of the participating
child's account;
(2) initiate the payment process under Subsection (b);
and
(3) view a summary of the past activity on the
participating child's account, including payments from the account
to education service providers and vendors of educational products.
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
of the deadline by which the participating parent applies for
enrollment in the program under Section 29.356(a) and except as
provided by Subsections (a-1) and (a-3), a participating parent
shall receive each school year that the parent's child participates
in the program payments from the state to be held in trust for the
benefit of the child from funds available under Section 29.353 to
the child's account equal to 75 percent of the estimated statewide
average amount of funding per student in average daily attendance
for the applicable school year, as determined by the commissioner
not later than January 15 preceding the applicable school year. For
purposes of determining the estimated statewide average amount of
funding per student under this subsection, the commissioner shall
include state and local funding under Chapters 46, 48, and 49 and
the amount the state is required to contribute under Section
825.404, Government Code.
(a-1) If a child enrolls in the program after the beginning
of a school year, the comptroller shall prorate the amount the
participating parent of the child receives under Subsection (a)
based on the date the child enrolls in the program.
(a-2) A participating parent must submit all requests for
payment from the account of the parent's child for expenses
incurred during a fiscal year to the comptroller not less than 90
days after the end of that fiscal year.
(a-3) Notwithstanding Subsection (a), a participating child
who is a home-schooled student, as defined by Section 29.916(a)(1),
may not receive payments to the child's account under Subsection
(a) in an amount that exceeds $1,000 for a school year.
(b) Any money remaining in a participating child's account
at the end of a fiscal year that is not obligated for expenses
incurred during that fiscal year shall be returned to the
comptroller for deposit to the program fund. The comptroller shall
provide to a participating parent adequate notice of the return of
money in the account under this subsection.
(c) A participating parent may make payments for the
expenses of educational programs, services, and products not
covered by money in the account of the parent's child.
(d) A payment under Subsection (a) may not be financed using
federal money or money from the available school fund or
instructional materials fund.
(e) Payments received under this subchapter do not
constitute taxable income to a participating parent, unless
otherwise provided by federal or another state's law.
(f) On dates consistent with satisfying the application
deadlines established under Section 29.356(a), the agency shall
calculate and report to the comptroller the amount specified under
Subsection (a) for each participating child.
Sec. 29.3615. ENROLLMENT IN PUBLIC SCHOOL. Notwithstanding
any other provision of this subchapter or other law, if a child
ceases participation in the program due to the child's enrollment
in a public school, including an open-enrollment charter school:
(1) the public school is entitled to receive an amount
equal to the amount in the child's account returned to the
comptroller under Section 29.362(f); and
(2) the child may not be considered in evaluating the
performance of a public school under the public school
accountability system as prescribed by Chapters 39 and 39A for the
first school year after the child ceases participation in the
program.
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt of
money distributed by the comptroller for purposes of making
payments to accounts, a certified educational assistance
organization shall hold the money in trust for the benefit of
participating children and make quarterly payments to the account
of each participating child for which the organization is
responsible in equal amounts on or before the first day of July,
October, January, and April.
(b) Each year, the comptroller may deduct from the total
amount of money appropriated for purposes of this subchapter an
amount, not to exceed three percent of that total amount, to cover
the comptroller's cost of administering the program.
(c) Each quarter, each certified educational assistance
organization shall submit to the comptroller a breakdown of the
organization's actual costs of administering the program for the
previous quarter and the comptroller shall disburse from money
appropriated for the program to each certified educational
assistance organization the amount necessary to cover the
organization's actual costs of administering the program for that
quarter. The total amount disbursed to all certified educational
assistance organizations under this subsection for a state fiscal
year may not exceed five percent of the amount appropriated for the
purposes of the program for that fiscal year.
(d) On or before the first day of October and February or
another date determined by comptroller rule, each certified
educational assistance organization shall:
(1) verify with the agency that each participating
child for which the organization is responsible is not enrolled in a
public school, including an open-enrollment charter school, in a
manner in which the child is counted toward the school's average
daily attendance for purposes of the allocation of state funding
under the foundation school program; and
(2) notify the comptroller if the organization
determines that a participating child for which the organization is
responsible is enrolled in a public school, including an
open-enrollment charter school, in a manner in which the child is
counted toward the school's average daily attendance for purposes
of the allocation of state funding under the foundation school
program.
(e) The comptroller by rule shall establish a process by
which a participating parent may authorize the comptroller or the
certified educational assistance organization to make a payment
directly from the account of the parent's child to a preapproved
education service provider or vendor of educational products for an
expense allowed under Section 29.359.
(f) On the date on which a child who participated in the
program is no longer eligible to participate in the program under
Section 29.355 and payments for any education-related expenses
allowed under Section 29.359 from the child's account have been
completed, the child's account shall be closed and any remaining
money returned to the comptroller for deposit in the program fund.
(g) Each quarter, any interest or other earnings
attributable to money held by a certified educational assistance
organization for purposes of the program shall be remitted to the
comptroller for deposit in the program fund.
Sec. 29.363. AUDITING. (a) The comptroller shall contract
with a private entity to audit accounts and program participant
eligibility data not less than once per year to ensure compliance
with applicable law and program requirements. The audit must
include a review of:
(1) each certified educational assistance
organization's internal controls over program transactions; and
(2) compliance by:
(A) certified educational assistance
organizations with Section 29.354 and other program requirements;
(B) program participants with Section 29.357 and
other program requirements; and
(C) education service providers and vendors of
educational products with Section 29.358 and other program
requirements.
(b) In conducting an audit, the private entity may require a
certified educational assistance organization, program
participant, or education service provider or vendor of educational
products to provide information and documentation regarding any
transaction occurring under the program.
(c) The private entity shall report to the comptroller any
violation of this subchapter or other relevant law and any
transactions the entity determines to be unusual or suspicious
found by the entity during an audit conducted under this section.
The comptroller shall report the violation or transaction to:
(1) the applicable certified educational assistance
organization;
(2) the education service provider or vendor of
educational products, as applicable; and
(3) the participating parent of each participating
child who is affected by the violation or transaction.
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
shall suspend the account of a program participant who fails to
remain in good standing by complying with applicable law or a
requirement of the program.
(b) On suspension of an account under Subsection (a), the
comptroller shall notify the participating parent in writing that
the account of the parent's child has been suspended and that no
additional payments may be made from the account. The notification
must specify the grounds for the suspension and state that the
participating parent has 30 days to respond and take any corrective
action required by the comptroller.
(c) On the expiration of the 30-day period under Subsection
(b), the comptroller shall:
(1) order closure of the suspended account;
(2) order temporary reinstatement of the account,
conditioned on the performance of a specified action by the program
participant; or
(3) order full reinstatement of the account.
(d) The comptroller may recover money distributed under the
program that was used for expenses not allowed under Section
29.359, for a child who was not eligible to participate in the
program at the time of the expenditure, or from an education service
provider or vendor of educational products that was not approved at
the time of the expenditure. The money may be recovered from the
program participant or the education service provider or vendor of
educational products that received the money if the participating
child's account is suspended or closed under this section. Failure
to reimburse the state on demand by the comptroller constitutes a
debt to the state for purposes of Section 403.055, Government Code.
The comptroller shall deposit money recovered under this subsection
into the program fund.
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
education service provider or vendor of educational products may
not charge a participating child an amount greater than the
standard amount charged for that service or product by the provider
or vendor.
(b) An education service provider or vendor of educational
products receiving money distributed under the program may not in
any manner rebate, refund, or credit to or share with a program
participant, or any person on behalf of a participant, any program
money paid or owed by the participant to the provider or vendor.
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
comptroller obtains evidence of fraudulent use of an account or
money distributed under the program or any other violation of law by
a certified educational assistance organization, program
participant, or education service provider or vendor of educational
products, the comptroller shall notify the appropriate local county
or district attorney with jurisdiction over, as applicable:
(1) the principal place of business of the
organization or provider or vendor; or
(2) the residence of the program participant.
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) Each certified
educational assistance organization designated under Section
29.356(a) shall post on the organization's Internet website and
provide to each parent who submits an application for the program a
notice that:
(1) states that a private school is not subject to
federal and state laws regarding the provision of educational
services to a child with a disability in the same manner as a public
school; and
(2) provides information regarding rights to which a
child with a disability is entitled under federal and state law if
the child attends a public school, including:
(A) rights provided under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
(B) rights provided under Subchapter A.
(b) A private school in which a participating child with a
disability enrolls shall provide to the participating parent a copy
of the notice required under Subsection (a).
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) An education service provider or vendor of
educational products that receives money distributed under the
program is not a recipient of federal financial assistance and may
not be considered to be an agent of state government on the basis of
receiving that money.
(b) A rule adopted or other action taken related to the
program may not limit the ability of an education service provider,
vendor of educational products, or program participant to:
(1) determine:
(A) the methods of instruction or curriculum used
to educate students;
(B) admissions and enrollment practices,
policies, and standards; or
(C) employment practices, policies, and
standards; or
(2) exercise the provider's, vendor's, or
participant's religious or institutional practices as determined
by the provider, vendor, or participant.
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
request by the parent of a child participating or seeking to
participate in the program, the school district or open-enrollment
charter school that the child would otherwise attend shall provide
a copy of the child's school records possessed by the district or
school, if any, to the child's parent or, if applicable, the private
school the child attends.
(b) As necessary to verify a child's eligibility for the
program, the agency, a school district, or an open-enrollment
charter school shall provide to the applicable certified
educational assistance organization any information available to
the agency, district, or school requested by the organization
regarding a child who participates or seeks to participate in the
program, including information regarding:
(1) the child's public school enrollment status; and
(2) whether the child:
(A) is a child with a disability; or
(B) can be counted toward a public school's
average daily attendance for purposes of the allocation of funding
under the foundation school program.
(c) A certified educational assistance organization may not
retain information provided under Subsection (b) beyond the period
necessary to determine a child's eligibility to participate in the
program.
(d) A certified educational assistance organization or an
education service provider or vendor of educational products that
obtains information regarding a participating child:
(1) shall comply with state and federal law regarding
the confidentiality of student educational information; and
(2) may not sell or otherwise distribute information
regarding a child participating in the program.
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
and a certified educational assistance organization may solicit and
accept gifts, grants, and donations from any public or private
source for any expenses related to the administration of the
program, including establishing the program and contracting for the
report required under Section 29.372.
Sec. 29.371. ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a)
The agency shall ensure that each participating child is annually
administered:
(1) each assessment instrument required to be
administered to a public school student at the child's grade and
course level under Section 39.023(a) or (c), subject to any
applicable exemptions or accommodations provided under Subchapter
B, Chapter 39; or
(2) a nationally norm-referenced assessment
instrument that assesses student performance in an equivalent
manner to the applicable assessment instruments described by
Subdivision (1).
(b) For purposes of the annual report required under Section
29.372, the agency shall provide to the comptroller the results of
the assessment instruments administered under this section, in
aggregate and disaggregated by race, ethnicity, socioeconomic
status, and status as a child with a disability. A child's results
on an assessment instrument administered under this section are
confidential, are not subject to disclosure under Chapter 552,
Government Code, and may only be shared as necessary to develop the
annual report required under Section 29.372 of this subchapter. In
providing the results of the assessment instruments, the agency
shall ensure compliance with state and federal law regarding the
confidentiality of student educational information, including the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(c) The agency shall require a regional education service
center to administer assessment instruments under this section.
(d) A school district may administer assessment instruments
under this section.
(e) If authorized by the agency, a private school may, but
is not required to, administer assessment instruments under this
section in accordance with agency rule.
Sec. 29.372. ANNUAL REPORT. (a) The comptroller shall
require that the certified educational assistance organizations
collaborate to compile program data and produce an annual
longitudinal report regarding:
(1) the number of program applications received,
accepted, and wait-listed, disaggregated by age;
(2) program participant satisfaction;
(3) the results of assessment instruments provided in
accordance with Section 29.371;
(4) the effect of the program on public and private
school capacity and availability;
(5) the amount of cost savings accruing to the state as
a result of the program;
(6) in a report submitted in an even-numbered year
only, an estimate of the total amount of funding required for the
program for the next state fiscal biennium;
(7) the amount of gifts, grants, and donations
received under Section 29.370; and
(8) based on surveys of former program participants or
other sources available to the organizations, the number and
percentage of participating children who, within one year after
graduating from high school, are:
(A) college ready, as indicated by earning a
minimum of 12 non-remedial semester credit hours or the equivalent
or an associate degree from a postsecondary educational
institution;
(B) career ready, as indicated by:
(i) earning a credential of value included
in a library of credentials established under Section 2308A.007,
Government Code; or
(ii) employment at or above the median wage
in the child's region; or
(C) military ready, as indicated by achieving a
passing score set by the applicable military branch on the Armed
Services Vocational Aptitude Battery and enlisting in the armed
forces of the United States or the Texas National Guard.
(b) In producing the report, the certified educational
assistance organizations shall:
(1) use appropriate analytical and behavioral science
methodologies to ensure public confidence in the report; and
(2) comply with the requirements regarding the
confidentiality of student educational information under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(c) The report must cover a period of not less than five
years and include, subject to Subsection (b)(2), the data analyzed
and methodology used.
(d) The comptroller and the applicable certified
educational assistance organizations shall post the report on the
comptroller's and organization's respective Internet websites.
Sec. 29.373. RULES; PROCEDURES. The comptroller shall
adopt rules and procedures as necessary to implement, administer,
and enforce this subchapter.
Sec. 29.374. APPEAL; FINALITY OF DECISIONS. (a) A program
participant may appeal to the comptroller an administrative
decision made by a certified educational assistance organization
under this subchapter, including a decision regarding eligibility,
allowable expenses, or the participant's removal from the program.
(b) This subchapter may not be construed to confer a
property right on a certified educational assistance organization,
education service provider, vendor of educational products, or
program participant.
(c) A decision of the comptroller made under this subchapter
is final and not subject to appeal.
Sec. 29.375. SUNSET REVIEW OF PROGRAM. The Sunset Advisory
Commission's review of the agency under Chapter 325, Government
Code (Texas Sunset Act), must include a review of the program.
SECTION 6.02. Section 22.092(d), Education Code, is amended
to read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) the comptroller for the purpose of preapproving
education service providers and vendors of educational products
under Section 29.358 for participation in the program established
under Subchapter J, Chapter 29.
SECTION 6.03. Section 411.109, Government Code, is amended
by adding Subsection (b-1) and amending Subsection (c) to read as
follows:
(b-1) The comptroller is entitled to obtain criminal
history record information as provided by Subsection (c) about a
person who is a private tutor, a therapist, or an employee of a
teaching service or school who intends to provide educational
services to a child participating in the program established under
Subchapter J, Chapter 29, Education Code, and is seeking approval
to receive money distributed under that program.
(c) Subject to Section 411.087 and consistent with the
public policy of this state, the comptroller is entitled to:
(1) obtain through the Federal Bureau of Investigation
criminal history record information maintained or indexed by that
bureau that pertains to a person described by Subsection (a), [or]
(b), or (b-1); and
(2) obtain from the department or any other criminal
justice agency in this state criminal history record information
maintained by the department or that criminal justice agency that
relates to a person described by Subsection (a), [or] (b), or (b-1).
SECTION 6.04. Subchapter J, Chapter 29, Education Code, as
added by this article, applies beginning with the 2024-2025 school
year.
SECTION 6.05. Not later than May 15, 2024, the comptroller
of public accounts shall adopt rules as provided by Section 29.373,
Education Code, as added by this article.
SECTION 6.06. (a) The constitutionality and other validity
under the state or federal constitution of all or any part of
Subchapter J, Chapter 29, Education Code, as added by this article,
may be determined in an action for declaratory judgment under
Chapter 37, Civil Practice and Remedies Code, in a district court in
Travis County.
(b) An order, however characterized, of a trial court
granting or denying a temporary or otherwise interlocutory
injunction or a permanent injunction on the grounds of the
constitutionality or unconstitutionality, or other validity or
invalidity, under the state or federal constitution of all or any
part of Subchapter J, Chapter 29, Education Code, as added by this
article, may be reviewed only by direct appeal to the Texas Supreme
Court filed not later than the 15th day after the date on which the
order was entered. The Texas Supreme Court shall give precedence to
appeals under this section over other matters.
(c) The direct appeal is an accelerated appeal.
(d) This section exercises the authority granted by Section
3-b, Article V, Texas Constitution.
(e) The filing of a direct appeal under this section will
automatically stay any temporary or otherwise interlocutory
injunction or permanent injunction granted in accordance with this
section pending final determination by the Texas Supreme Court,
unless the supreme court makes specific findings that the applicant
seeking such injunctive relief has pleaded and proved that:
(1) the applicant has a probable right to the relief it
seeks on final hearing;
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
adequate legal remedy; and
(3) maintaining the injunction is in the public
interest.
(f) An appeal under this section, including an
interlocutory, accelerated, or direct appeal, is governed, as
applicable, by the Texas Rules of Appellate Procedure, including
Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
40.1(b), and 49.4.
(g) This section does not authorize an award of attorney's
fees against this state, and Section 37.009, Civil Practice and
Remedies Code, does not apply to an action filed under this section.
SECTION 6.07. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this article, and every application of the provisions in this
article to each person or entity, is severable from each other. If
any application of any provision in this article to any person,
group of persons, or circumstances is found by a court to be invalid
for any reason, the remaining applications of that provision to all
other persons and circumstances shall be severed and may not be
affected.
SECTION 6.08. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 7. CHANGES RELATED TO PUBLIC SCHOOLS GENERALLY
SECTION 7.01. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.906 to read as follows:
Sec. 25.906. PROTECTIONS FOR CERTAIN MILITARY DEPENDENTS.
(a) In this section:
(1) "Compact" means the Interstate Compact on
Educational Opportunity for Military Children executed under
Section 162.002.
(2) "Uniformed services" means:
(A) the United States Army, Navy, Air Force,
Space Force, Marine Corps, or Coast Guard;
(B) the Commissioned Officer Corps of the
National Oceanic and Atmospheric Administration; or
(C) the Commissioned Corps of the United States
Public Health Service.
(b) The provisions of Articles IV, V, VI, and VII of the
compact apply to the following children as if those children were
children described by Article III of the compact:
(1) a child of a veteran of the uniformed services who
was discharged or released through retirement, for a period of four
years after the date of the veteran's retirement, if the veteran
returns to the veteran's home of record on military orders; and
(2) a child of a member of the uniformed services who
dies on active duty or as a result of injuries sustained on active
duty, for a period of four years after the member's death.
(c) Each school district and open-enrollment charter school
that maintains an Internet website shall post on the district's or
school's Internet website an easily accessible link to information
regarding the compact and the additional protections provided by
this section.
SECTION 7.02. Section 26.002, Education Code, is amended to
read as follows:
Sec. 26.002. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Benchmark assessment" includes a benchmark
assessment instrument as defined by Section 39.0263(a) and a
district-required assessment designed to evaluate students against
a set of national or state comparison points.
(2) "Parent" [, "parent"] includes a person standing
in parental relation. The term does not include a person as to whom
the parent-child relationship has been terminated or a person not
entitled to possession of or access to a child under a court order.
Except as provided by federal law, all rights of a parent under
Title 2 of this code and all educational rights under Section
151.001(a)(10), Family Code, shall be exercised by a student who is
18 years of age or older or whose disabilities of minority have been
removed for general purposes under Chapter 31, Family Code, unless
the student has been determined to be incompetent or the student's
rights have been otherwise restricted by a court order.
(3) "Test" includes a benchmark assessment.
SECTION 7.03. Chapter 26, Education Code, is amended by
adding Section 26.0062 to read as follows:
Sec. 26.0062. NOTICE REGARDING BENCHMARK ASSESSMENT
RESULTS. A school district shall report in writing to each
student's parent the results of a benchmark assessment administered
to the student not later than the 30th calendar day after the date
on which the results of the assessment are available. The results
may be made available to the parent through a parent portal.
SECTION 7.04. Section 28.006, Education Code, is amended by
amending Subsections (a), (b), (c), (c-1), (c-2), (c-3), and (j)
and adding Subsections (a-1), (b-2), (b-3), (b-4), (d-1), (g-3),
(g-4), (g-5), (g-6), (n), and (o) to read as follows:
(a) The commissioner shall adopt procedures [develop
recommendations] for school districts and open-enrollment charter
schools for:
(1) administering reading instruments to:
(A) ensure the results of the reading instruments
are valid, reliable, and equated;
(B) diagnose student reading development and
comprehension; and
(C) identify students at risk for dyslexia or
other reading difficulties;
(2) training educators in administering the reading
instruments; and
(3) applying the results of the reading instruments to
the instructional program and intervention practices.
(a-1) A school district or open-enrollment charter school
may not administer a reading instrument to a student more than three
times during a school year.
(b) The commissioner shall adopt a comprehensive list of
reading instruments that a school district or open-enrollment
charter school shall select from for [may] use in diagnosing [to
diagnose student] reading development and comprehension for
students who are enrolled in kindergarten through third grade. A
reading instrument included on the commissioner's list must include
the foundational literacy components of phonemic and phonological
awareness, phonics, vocabulary, fluency, and comprehension. For
use in diagnosing the reading development and comprehension of
kindergarten students, the commissioner shall adopt [a]
multidimensional assessment tools [tool] that include [includes a]
reading instruments that test [instrument and tests] at least three
developmental skills, including the foundational literacy
components. A multidimensional assessment tool administered as
provided by this subsection is considered to be a reading
instrument for purposes of this section. A school district or
open-enrollment charter school [district-level committee
established under Subchapter F, Chapter 11,] may use other [adopt a
list of] reading instruments, subject to Subsection (b-4), [for use
in the district in a grade level other than kindergarten] in
addition to the reading instruments included on the commissioner's
list. Each reading instrument included on the list adopted by the
commissioner or administered by a school district or
open-enrollment charter school [or a district-level committee]
must:
(1) be based on scientific research concerning reading
skills development and reading comprehension;
(2) [. A list of reading instruments adopted under
this subsection must] provide for diagnosing the reading
development and comprehension of students participating in a
program under Subchapter B, Chapter 29;
(3) provide progress monitoring capabilities;
(4) provide a diagnostic tool to assist teachers in
developing research-based targeted instruction;
(5) allow screening of students three times each
school year;
(6) assess only foundational literacy components not
already mastered by the student; and
(7) assess whether a student needs reading instruction
intervention.
(b-2) The commissioner shall include on the commissioner's
list any reading instrument that is:
(1) based on scientific research concerning reading
skills development and reading comprehension; and
(2) submitted for inclusion on the list under
Subsection (b-4).
(b-3) The commissioner shall update the list of reading
instruments at least once every four years, including
multidimensional assessment tools authorized under this section.
(b-4) A school district or open-enrollment charter school
that uses one or more reading instruments not included on the
commissioner's list in accordance with Subsection (b) must submit
the instrument to the commissioner to verify the instrument
satisfies the requirements of this section. The commissioner shall
place on the commissioner's list a reading instrument that
satisfies the requirements of this section.
(c) Each school district and open-enrollment charter school
shall administer, at the first and second grade levels, a reading
instrument that is based on scientific research concerning reading
skills development and reading comprehension included on the list
adopted by the commissioner [or by the district-level
committee]. The district or school shall administer the reading
instrument in accordance with the commissioner's recommendations
under Subsection (a)(1).
(c-1) Each school district and open-enrollment charter
school shall administer at the beginning of the seventh grade a
reading instrument included on the list adopted by the commissioner
to each student whose performance on the assessment instrument in
reading administered under Section 39.023(a) to the student in
grade six did not demonstrate reading proficiency, as determined by
the commissioner. The district or school shall administer the
reading instrument in accordance with the commissioner's policies
adopted [recommendations] under Subsection (a)(1).
(c-2) Each school district and open-enrollment charter
school shall administer at the kindergarten level a reading
instrument included on the list adopted by the commissioner [under
Subsection (b) or approved by the commissioner under Subsection
(b-1)]. The district or school shall administer the reading
instrument in accordance with the commissioner's policies adopted
[recommendations] under Subsection (a)(1).
(c-3) The commissioner by rule shall determine the
performance on a [the] reading instrument adopted under Subsection
(b) that indicates kindergarten readiness.
(d-1) The commissioner shall prominently display on the
agency's Internet website information regarding the commissioner's
list of reading instruments maintained under this section and the
process for applying for inclusion on the list, as provided by
agency rule adopted under Subsection (n).
(g-3) A school district or open-enrollment charter school
shall provide reading intervention to each student in kindergarten
through grade three who is determined to need reading intervention
using an assessment administered in accordance with Subsection (b).
The school district shall continue to offer a student reading
intervention until the student achieves satisfactory performance
on a reading instrument. A reading intervention program offered
under this subsection must:
(1) include targeted instruction to improve the
student's reading skills in the relevant areas identified through
the assessment instrument;
(2) monitor the progress of the student's reading
skills throughout the school year;
(3) be implemented during regular school hours and in
addition to core instruction;
(4) use high-quality instructional materials,
curricula, and curricular tools that are research based and
effective for early childhood literacy intervention; and
(5) be provided by a teacher who has attended a
literacy achievement academy provided under Section 21.4552.
(g-4) In providing reading intervention under Subsection
(g-3), a school district or open-enrollment charter school may not
remove a student, except under circumstances for which a student
enrolled in the same grade level who is not receiving reading
intervention would be removed, from:
(1) instruction in the foundation curriculum and
enrichment curriculum adopted under Section 28.002 for the grade
level in which the student is enrolled; or
(2) recess or other physical activity that is
available to other students enrolled in the same grade level.
(g-5) In addition to the report required under Subsection
(d)(2), a school district or open-enrollment charter school shall
notify the parent or guardian of each student in kindergarten
through grade three who is determined to need reading intervention.
The notification must:
(1) be distributed not later than the 30th day after
the date the result of the reading instrument indicating that the
student needs intervention is available;
(2) describe the current reading services the district
or school provides to the student;
(3) describe the reading interventions that will be
provided to the student to ensure the student will meet or exceed
grade-level reading standards; and
(4) include high-quality resources for the parent or
guardian of the student to use at home to help the student succeed
at reading.
(g-6) From funds appropriated for teacher literacy
achievement academies developed under Section 21.4552, the
commissioner may, in collaboration with regional education service
centers, provide assistance to school districts and
open-enrollment charter schools in complying with the requirements
of Section 28.0062. The commissioner shall prioritize providing
assistance under this subsection in school districts with the
highest rate of students performing below satisfactory levels on
reading instruments administered under Subsection (b).
(j) [No more than 15 percent of the funds certified by the
commissioner under Subsection (i) may be spent on indirect costs.]
The commissioner shall evaluate the programs that fail to meet the
standard of performance under Section 39.301(c)(5) and may
implement interventions or sanctions under Chapter 39A. [The
commissioner may audit the expenditures of funds appropriated for
purposes of this section. The use of the funds appropriated for
purposes of this section shall be verified as part of the district
audit under Section 44.008.]
(n) The agency by rule shall provide a process under which a
school district or open-enrollment charter school may submit an
application for inclusion of a reading instrument on the
commissioner's list of reading instruments maintained under this
section.
(o) The agency may not use data collected from a reading
instrument administered under this section in evaluating the
performance of a school district or campus under Section 39.054.
SECTION 7.05. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0063 to read as follows:
Sec. 28.0063. SUPPLEMENTAL READING INSTRUCTION FOR CERTAIN
STUDENTS. (a) A school district or open-enrollment charter school
shall make available supplemental instruction described by Section
28.0211(a-4) to address a student's reading deficiency if the
student's results on both of the reading assessments administered
under Section 28.006 in two consecutive school years indicate the
student needs reading intervention.
(b) A parent or guardian of a student described by
Subsection (a) may select a tutor from a list of high-quality tutors
approved by the agency or by the school district or open-enrollment
charter school the student attends to provide the supplemental
instruction required under Subsection (a). The district or school
shall contract directly with the tutor selected, who may be a
classroom teacher employed at the district or school. A classroom
teacher selected as a student's tutor is entitled to supplemental
pay from the district or school. The district or school may not
provide money under this subsection directly to a parent or
guardian of a student.
(c) A school district or open-enrollment charter school
shall submit to the agency the district's or school's list of
high-quality tutors and publish the list on the district's or
school's Internet website.
(d) A school district or open-enrollment charter school
that provides a tutor to a student under this section shall continue
to provide the student any other reading support required of the
district or school by federal or state law.
SECTION 7.06. Section 28.009, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-6) to read as
follows:
(a) Each school district shall implement a program under
which students may earn the equivalent of at least 12 semester
credit hours of college credit in high school. On request, a public
institution of higher education in this state shall assist a school
district in developing and implementing the program. The college
credit may be earned through:
(1) international baccalaureate, advanced placement,
or dual credit courses, including courses provided through OnRamps;
(2) articulated postsecondary courses provided for
local credit or articulated postsecondary advanced technical
credit courses provided for state credit; or
(3) any combination of the courses described by
Subdivisions (1) and (2).
(a-6) Each school district shall report through the Public
Education Information Management System (PEIMS) the number of
district students who, during that school year, were enrolled in an
OnRamps course and provide the name of the OnRamps courses in which
the students were enrolled. The commissioner shall establish a
unique identifier in PEIMS for each OnRamps course offered.
SECTION 7.07. Subchapter E, Chapter 29, Education Code, is
amended by adding Section 29.1537 to read as follows:
Sec. 29.1537. PREKINDERGARTEN COMMUNITY-BASED CHILD-CARE
PARTNERSHIP GRANT PROGRAM. (a) The commissioner shall establish
and administer a grant program to support school districts and
open-enrollment charter schools in increasing partnerships with
community-based child-care providers to provide prekindergarten
classes under Section 29.153.
(b) A school district or open-enrollment charter school may
apply for a grant under the grant program in partnership with a
community-based child-care provider described by Section
29.153(g).
(c) A school district or open-enrollment charter school
shall use money received under the grant program to fund the
enrollment of eligible children in prekindergarten classes
provided under Section 29.153 through a partnership between the
district or school and a community-based child-care provider
described by Section 29.153(g). A child is eligible for enrollment
in a prekindergarten class described by this subsection using money
received under the grant program if the child:
(1) is at least three years of age; and
(2) receives subsidized child-care services provided
through the child-care services program administered by the Texas
Workforce Commission.
(d) The commissioner may provide grants under the grant
program for the enrollment in each school year of not more than
3,500 children in a prekindergarten class described by Subsection
(c).
(e) The agency shall annually report to the legislature
regarding the number of children described by Subsection (c)
enrolled in a prekindergarten class.
SECTION 7.08. Section 29.1543, Education Code, is amended
to read as follows:
Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
produce and make available to the public on the agency's Internet
website annual district and campus-level reports containing
information from the previous school year on early education in
school districts and open-enrollment charter schools. A report
under this section must contain:
(1) the information required by Section 29.1532(c) to
be reported through the Public Education Information Management
System (PEIMS);
(2) a description of any [the] diagnostic reading
instruments administered as provided by Section 28.006 [in
accordance with Section 28.006(c) or (c-2)];
(3) the number of students who were administered a
diagnostic reading instrument administered as provided by Section
28.006 [in accordance with Section 28.006(c) or (c-2)];
(4) the number of students whose scores from a
diagnostic reading instrument administered as provided by Section
28.006 [in accordance with Section 28.006(c) or (c-2)] indicate
reading proficiency;
(5) the number of kindergarten students who were
enrolled in a prekindergarten program in the previous school year
in the same district or school as the district or school in which
the student attends kindergarten;
(6) the number and percentage of students who perform
satisfactorily on the third grade reading or mathematics assessment
instrument administered under Section 39.023, disaggregated by
whether the student was eligible for free prekindergarten under
Section 29.153;
(7) the number of students described by Subdivision
(6) who attended kindergarten in the district, disaggregated by:
(A) whether the student met the kindergarten
readiness standard on a [the] reading instrument adopted under
Section 28.006;
(B) whether the student attended prekindergarten
in the district; and
(C) the type of prekindergarten the student
attended, if applicable; and
(8) the information described by Subdivisions (6) and
(7) disaggregated by whether the student is educationally
disadvantaged.
SECTION 7.09. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.9016 to read as follows:
Sec. 29.9016. CAREER AND MILITARY TECHNICAL GRANT PILOT
PROGRAM. (a) The agency shall establish a pilot program to award
grants to school districts to implement or maintain a program under
which the district:
(1) establishes a junior reserve officer training
corps program under 10 U.S.C. Section 2031 for students in high
school;
(2) annually administers the Armed Services
Vocational Aptitude Battery test to each student in grades 9
through 12; and
(3) provides career counseling at least once each year
to each student administered the test under Subdivision (2) based
on the results of the test.
(b) The amount of a grant awarded under the pilot program is
$50,000.
(c) The total amount of grants awarded under the pilot
program for a school year may not exceed $2 million.
(d) Not later than December 1, 2026, the agency shall submit
to the legislature a report on the results of the pilot program.
The report must include the agency's recommendation on whether the
pilot program should be continued, expanded, or terminated.
(e) The commissioner may adopt rules necessary to implement
the pilot program.
(f) This section expires September 1, 2027.
SECTION 7.10. Chapter 791, Government Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. INTERLOCAL CONTRACTING BETWEEN LOCAL EDUCATION
AGENCIES TO PROCURE HEALTH INSURANCE COVERAGE
Sec. 791.051. DEFINITIONS. In this subchapter:
(1) "Cooperative" means a cooperative established
under this subchapter by an interlocal contract for group health
coverage.
(2) "Local education agency" means:
(A) a school district; or
(B) an open-enrollment charter school as defined
by Section 5.001, Education Code.
(3) "Participating local education agency" means,
with respect to a cooperative, a local education agency that
participates in the cooperative.
Sec. 791.052. COMPLIANCE WITH SUBCHAPTER REQUIRED. A local
education agency shall comply with this subchapter when procuring
and administering employee group health coverage with another local
education agency.
Sec. 791.053. INTERLOCAL CONTRACT FOR GROUP HEALTH
INSURANCE COVERAGE. (a) The governing body of a local education
agency may by resolution enter into an interlocal contract and
cooperate with one or more other local education agencies to
establish a cooperative for the purposes of procuring group health
insurance coverage under this subchapter.
(b) The governing body of a local education agency may renew
an interlocal contract entered into under Subsection (a).
(c) This subchapter does not affect the ability of local
education agencies to provide group health coverage through a risk
pool established in accordance with Chapter 172, Local Government
Code.
Sec. 791.054. COOPERATIVE. (a) A cooperative is a legal
entity that may procure employee group health insurance coverage
for each participating local education agency.
(b) Participating local education agencies may contract for
the supervision and administration of the cooperative in accordance
with Section 791.013.
(c) Except as provided by this subsection, a cooperative is
governed by a board of directors composed of the chief executive
officers of each participating local education agency or the
officers' designees. If the cooperative is composed of more than
seven local education agencies, the cooperative shall appoint at
least seven directors to serve on the cooperative's board of
directors.
Sec. 791.055. PROCUREMENT. (a) A cooperative must procure
a contract for employee group health coverage under this subchapter
through a request for proposals to potential vendors advertised in
a manner consistent with Section 44.031(g), Education Code, in at
least one county in which a participating local education agency's
central office is located.
(b) The board of directors of a cooperative shall select the
vendor that provides the best value to participating local
education agencies considering the factors described by Section
44.031(b), Education Code.
(c) A cooperative that enters into a contract in accordance
with this section satisfies a competitive bidding requirement
applicable to the procurement of group health coverage under other
law.
Sec. 791.056. OFFER OF COVERAGE; PREMIUM LIABILITY. (a) A
cooperative shall offer one or more group health insurance plans
procured under Section 791.055 to employees of participating local
education agencies and dependents of those employees.
(b) The board of directors of a cooperative may determine a
participating local education agency's payment of all or part of
the premiums for employees or dependents for a plan offered under
Subsection (a).
(c) A participating local education agency's payment:
(1) is subject to the requirements described by
Section 1581.052, Insurance Code; and
(2) shall include the contributions by the state
described by Subchapter F, Chapter 1579, Insurance Code.
SECTION 7.11. Section 28.006(b-1), Education Code, is
repealed.
SECTION 7.12. This article applies beginning with the
2024-2025 school year.
SECTION 7.13. This article takes effect on the 91st day
after the last day of the legislative session.
ARTICLE 8. VIRTUAL EDUCATION
SECTION 8.01. Section 1.001(b), Education Code, is amended
to read as follows:
(b) Except as provided by Chapter 18, Chapter 19, Subchapter
A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
this code does not apply to students, facilities, or programs under
the jurisdiction of the Department of Aging and Disability
Services, the Department of State Health Services, the Health and
Human Services Commission, the Texas Juvenile Justice Department,
the Texas Department of Criminal Justice, a Job Corps program
operated by or under contract with the United States Department of
Labor, or any juvenile probation agency.
SECTION 8.02. Section 7.0561(f), Education Code, is amended
to read as follows:
(f) In consultation with interested school districts,
open-enrollment charter schools, and other appropriate interested
persons, the commissioner shall adopt rules applicable to the
consortium, according to the following principles for a next
generation of higher performing public schools:
(1) engagement of students in digital learning,
including engagement through the use of electronic textbooks and
instructional materials adopted under Subchapters B and B-1,
Chapter 31, and virtual or hybrid courses offered by school
districts and open-enrollment charter schools under Chapter 30B
[through the state virtual school network under Subchapter 30A];
(2) emphasis on learning standards that focus on
high-priority standards identified in coordination with districts
and charter schools participating in the consortium;
(3) use of multiple assessments of learning capable of
being used to inform students, parents, districts, and charter
schools on an ongoing basis concerning the extent to which learning
is occurring and the actions consortium participants are taking to
improve learning; and
(4) reliance on local control that enables communities
and parents to be involved in the important decisions regarding the
education of their children.
SECTION 8.03. Section 25.007(b), Education Code, is amended
to read as follows:
(b) In recognition of the challenges faced by students who
are homeless or in substitute care, the agency shall assist the
transition of students who are homeless or in substitute care from
one school to another by:
(1) ensuring that school records for a student who is
homeless or in substitute care are transferred to the student's new
school not later than the 10th working day after the date the
student begins enrollment at the school;
(2) developing systems to ease transition of a student
who is homeless or in substitute care during the first two weeks of
enrollment at a new school;
(3) developing procedures for awarding credit,
including partial credit if appropriate, for course work, including
electives, completed by a student who is homeless or in substitute
care while enrolled at another school;
(4) developing procedures to ensure that a new school
relies on decisions made by the previous school regarding placement
in courses or educational programs of a student who is homeless or
in substitute care and places the student in comparable courses or
educational programs at the new school, if those courses or
programs are available;
(5) promoting practices that facilitate access by a
student who is homeless or in substitute care to extracurricular
programs, summer programs, credit transfer services, virtual or
hybrid [electronic] courses provided under Chapter 30B [30A], and
after-school tutoring programs at nominal or no cost;
(6) establishing procedures to lessen the adverse
impact of the movement of a student who is homeless or in substitute
care to a new school;
(7) entering into a memorandum of understanding with
the Department of Family and Protective Services regarding the
exchange of information as appropriate to facilitate the transition
of students in substitute care from one school to another;
(8) encouraging school districts and open-enrollment
charter schools to provide services for a student who is homeless or
in substitute care in transition when applying for admission to
postsecondary study and when seeking sources of funding for
postsecondary study;
(9) requiring school districts, campuses, and
open-enrollment charter schools to accept a referral for special
education services made for a student who is homeless or in
substitute care by a school previously attended by the student, and
to provide comparable services to the student during the referral
process or until the new school develops an individualized
education program for the student;
(10) requiring school districts, campuses, and
open-enrollment charter schools to provide notice to the child's
educational decision-maker and caseworker regarding events that
may significantly impact the education of a child, including:
(A) requests or referrals for an evaluation under
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
special education under Section 29.003;
(B) admission, review, and dismissal committee
meetings;
(C) manifestation determination reviews required
by Section 37.004(b);
(D) any disciplinary actions under Chapter 37 for
which parental notice is required;
(E) citations issued for Class C misdemeanor
offenses on school property or at school-sponsored activities;
(F) reports of restraint and seclusion required
by Section 37.0021;
(G) use of corporal punishment as provided by
Section 37.0011; and
(H) appointment of a surrogate parent for the
child under Section 29.0151;
(11) developing procedures for allowing a student who
is homeless or in substitute care who was previously enrolled in a
course required for graduation the opportunity, to the extent
practicable, to complete the course, at no cost to the student,
before the beginning of the next school year;
(12) ensuring that a student who is homeless or in
substitute care who is not likely to receive a high school diploma
before the fifth school year following the student's enrollment in
grade nine, as determined by the district, has the student's course
credit accrual and personal graduation plan reviewed;
(13) ensuring that a student in substitute care who is
in grade 11 or 12 be provided information regarding tuition and fee
exemptions under Section 54.366 for dual-credit or other courses
provided by a public institution of higher education for which a
high school student may earn joint high school and college credit;
(14) designating at least one agency employee to act
as a liaison officer regarding educational issues related to
students in the conservatorship of the Department of Family and
Protective Services; and
(15) providing other assistance as identified by the
agency.
SECTION 8.04. The heading to Section 26.0031, Education
Code, is amended to read as follows:
Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL AND HYBRID
COURSES [SCHOOL NETWORK].
SECTION 8.05. Section 26.0031, Education Code, is amended
by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
adding Subsection (b-1) to read as follows:
(a) At the time and in the manner that a school district or
open-enrollment charter school informs students and parents about
courses that are offered in the district's or school's traditional
classroom setting, the district or school shall notify parents and
students of the option to enroll in a virtual or hybrid [an
electronic] course offered by the district or school in which the
student is enrolled or by another district or school [through the
state virtual school network] under Chapter 30B [30A].
(b) Except as provided by Subsection (c), a school district
or open-enrollment charter school in which a student is enrolled as
a full-time student may not deny the request of a parent of a
student to enroll the student in a virtual or hybrid [an electronic]
course offered by the district or school in which the student is
enrolled or by another district or school [through the state
virtual school network] under Chapter 30B [30A].
(b-1) A school district or open-enrollment charter school
may not actively discourage a student, including by threat or
intimidation, from enrolling in a virtual or hybrid course.
(c) A school district or open-enrollment charter school may
deny a request to enroll a student in a virtual or hybrid [an
electronic] course if:
(1) a student attempts to enroll in a course load that
is inconsistent with the student's high school graduation plan or
requirements for college admission or earning an industry
certification;
(2) the student requests permission to enroll in a
virtual or hybrid [an electronic] course at a time that is not
consistent with the enrollment period established by the school
district or open-enrollment charter school providing the course; or
(3) the district or school determines that the cost of
the course is too high [offers a substantially similar course].
(c-1) A school district or open-enrollment charter school
may decline to pay the cost for a student of more than three
yearlong virtual [electronic] courses, or the equivalent, during
any school year. This subsection does not:
(1) limit the ability of the student to enroll in
additional virtual [electronic] courses at the student's cost; or
(2) apply to a student enrolled in a full-time virtual
[online] program [that was operating on January 1, 2013].
(d) Notwithstanding Subsection (c)(2), a school district or
open-enrollment charter school that provides a virtual or hybrid
[an electronic] course [through the state virtual school network]
under Chapter 30B [30A] shall make all reasonable efforts to
accommodate the enrollment of a student in the course under special
circumstances.
(e) A school district or open-enrollment charter school
that denies a request to enroll a student in a virtual or hybrid
course under Subsection (c) must provide a written explanation of
the denial to the student and the student's parent. The written
explanation must provide notice of the student's ability to appeal
the decision and an explanation of the appeal process, including
the process of pursuing a final appeal heard by the board of
trustees of the district or the governing board of the school. A
determination made by the board of trustees of the school district
or the governing board of the open-enrollment charter school [A
parent may appeal to the commissioner a school district's or
open-enrollment charter school's decision to deny a request to
enroll a student in an electronic course offered through the state
virtual school network. The commissioner's decision] under this
subsection is final and may not be appealed.
SECTION 8.06. Subtitle F, Title 2, Education Code, is
amended by adding Chapter 30B to read as follows:
CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 30B.001. DEFINITIONS. In this chapter:
(1) "Full-time hybrid campus" means a school district
or open-enrollment charter school campus at which at least 50
percent of the enrolled students are enrolled in a full-time hybrid
program authorized under Subchapter C.
(2) "Full-time hybrid program" means a full-time
educational program offered by a school district or open-enrollment
charter school campus in which:
(A) a student is in attendance in person for less
than 90 percent of the minutes of instruction provided; and
(B) the instruction and content may be delivered
synchronously or asynchronously over the Internet, in person, or
through other means.
(3) "Full-time virtual campus" means a school district
or open-enrollment charter school campus at which at least 50
percent of the enrolled students are enrolled in a full-time
virtual program authorized under Subchapter C.
(4) "Full-time virtual program" means a full-time
educational program offered by a school district or open-enrollment
charter school campus in which:
(A) a student is in attendance in person
minimally or not at all; and
(B) the instruction and content are delivered
synchronously or asynchronously primarily over the Internet.
(5) "Hybrid course" means a course in which:
(A) a student is in attendance in person for less
than 90 percent of the minutes of instruction provided; and
(B) the instruction and content may be delivered
synchronously or asynchronously over the Internet, in person, or
through other means.
(6) "Parent" means a student's parent or a person
standing in parental relation to a student.
(7) "Virtual course" means a course in which
instruction and content are delivered synchronously or
asynchronously primarily over the Internet.
(8) "Whole program virtual instruction provider"
means a private or third-party service that provides oversight and
management of the virtual instruction services or otherwise
provides a preponderance of those services for a full-time virtual
or full-time hybrid campus or program.
Sec. 30B.002. RULES. (a) The commissioner shall adopt
rules as necessary to administer this chapter.
(b) To the extent practicable, the commissioner shall
consult school districts, open-enrollment charter schools, and
parents in adopting rules under this section.
(c) The agency may form an advisory committee to comply with
the provisions of this section. Chapter 2110, Government Code,
does not apply to an advisory committee formed under this section.
Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
of this chapter, the commissioner may seek and accept a grant from a
public or private person.
(b) For purposes of this chapter, the commissioner may
accept federal funds and shall use those funds in compliance with
applicable federal law, regulations, and guidelines.
Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
SERVICE. This chapter does not:
(1) require a school district, an open-enrollment
charter school, a virtual course provider, or the state to provide a
student with home computer equipment or Internet access for a
virtual course provided by a school district or open-enrollment
charter school; or
(2) prohibit a school district or open-enrollment
charter school from providing a student with home computer
equipment or Internet access for a virtual course provided by the
district or school.
Sec. 30B.005. EXTRACURRICULAR ACTIVITY. A student enrolled
in a virtual or hybrid course, program, or campus offered under this
chapter may participate in an extracurricular activity sponsored or
sanctioned by the school district or open-enrollment charter school
in which the student is enrolled or by the University
Interscholastic League in the same manner as other district or
school students.
Sec. 30B.006. HYBRID AND VIRTUAL INSTRUCTION PERMITTED.
(a) A school district or open-enrollment charter school may
deliver instruction through hybrid courses, virtual courses,
full-time hybrid programs, and full-time virtual programs in the
manner provided by this chapter.
(b) The following entities may deliver instruction through
hybrid or virtual courses under this chapter in the same manner
provided for a school district or open-enrollment charter school:
(1) a consortium of school districts or
open-enrollment charter schools;
(2) an institution of higher education, as that term
is defined by Section 61.003; or
(3) a regional education service center.
(c) A school district or open-enrollment charter school
that delivers instruction through a hybrid or virtual course shall
develop written information describing each hybrid or virtual
course available for enrollment and complying with any other
requirement of Section 26.0031.
(d) A school district or open-enrollment charter school
shall make information under this section available to students and
parents at the time students ordinarily select courses and may
provide that information to students and parents at other times as
determined by the district or school.
Sec. 30B.007. FOUNDATION SCHOOL FUNDING. A student
enrolled in a hybrid course, virtual course, full-time hybrid
program, or full-time virtual program offered under this chapter by
a school district or open-enrollment charter school is counted
toward the district's or school's average daily attendance in the
same manner as district or school students not enrolled in a hybrid
course, virtual course, full-time hybrid program, or full-time
virtual program.
SUBCHAPTER B. HYBRID AND VIRTUAL COURSES
Sec. 30B.051. HYBRID OR VIRTUAL COURSE QUALITY
REQUIREMENTS. (a) A school district or open-enrollment charter
school that offers a hybrid or virtual course under this chapter
must certify to the commissioner that the course:
(1) includes the appropriate essential knowledge and
skills adopted under Subchapter A, Chapter 28;
(2) provides instruction at the appropriate level of
rigor for the grade level at which the course is offered and will
prepare a student enrolled in the course for the student's next
grade level or a subsequent course in a similar subject matter; and
(3) except as provided by Subsection (b), meets
standards for hybrid or virtual courses adopted by the
commissioner.
(b) If the commissioner has not adopted applicable
standards for hybrid or virtual courses, a school district or
open-enrollment charter school that offers a hybrid or virtual
course must instead certify to the commissioner that the course
meets the National Standards for Quality Online Courses published
by the Virtual Learning Leadership Alliance, Quality Matters, and
the Digital Learning Collaborative, or a successor publication.
Sec. 30B.052. RIGHTS OF STUDENTS REGARDING HYBRID AND
VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a
school district or open-enrollment charter school may not require a
student to enroll in a hybrid or virtual course.
(b) A hybrid or virtual course offered under this chapter to
a student receiving special education services or other
accommodations must meet the needs of the participating student in
a manner consistent with Subchapter A, Chapter 29, and with federal
law, including the Individuals with Disabilities Education Act (20
U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of
1973 (29 U.S.C. Section 794), as applicable.
Sec. 30B.053. RIGHTS OF TEACHERS REGARDING HYBRID AND
VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), a
school district or open-enrollment charter school may not require a
classroom teacher to provide both virtual instruction and in-person
instruction for a course offered under this chapter during the same
class period. The commissioner may waive the requirements of this
subsection for courses included in the enrichment curriculum under
Section 28.002.
(a-1) Subsection (a) does not apply to a requirement that a
classroom teacher simulcast the teacher's in-person instruction
provided that the teacher is not required to interact with students
observing the instruction virtually.
(b) A classroom teacher may not provide instruction for a
hybrid or virtual course offered under this chapter unless:
(1) the teacher has received appropriate professional
development in hybrid or virtual instruction, as determined by the
school district or open-enrollment charter school at which the
teacher is employed; or
(2) the district or school has determined that the
teacher has sufficient previous experience to not require the
professional development described by Subdivision (1).
(c) A school district or open-enrollment charter school may
not directly or indirectly coerce any classroom teacher hired to
provide in-person instruction to agree to an assignment to teach a
hybrid or virtual course.
Sec. 30B.054. ASSESSMENTS. Except as authorized by
commissioner rule, an assessment instrument administered under
Section 39.023 or 39.025 to a student enrolled in a hybrid or
virtual course offered under this chapter shall be administered to
the student in the same manner in which the assessment instrument is
administered to a student enrolled in an in-person course at the
student's school district or open-enrollment charter school.
Sec. 30B.055. TUITION AND FEES. A school district or
open-enrollment charter school may charge tuition and fees for a
hybrid or virtual course provided to a student who:
(1) is not eligible to enroll in a public school in
this state; or
(2) is not enrolled in the school district or
open-enrollment charter school.
Sec. 30B.056. ATTENDANCE FOR CLASS CREDIT OR GRADE.
Notwithstanding Section 25.092, a school district or
open-enrollment charter school shall establish the participation
necessary to earn credit or a grade for a hybrid or virtual course
offered by the district or school.
Sec. 30B.057. AGENCY PUBLICATION OF AVAILABLE VIRTUAL
COURSES. (a) The agency shall publish a list of virtual courses
offered by school districts and open-enrollment charter schools in
this state that includes:
(1) whether the course is available to a student who is
not otherwise enrolled in the offering district or school;
(2) the cost of the course; and
(3) information regarding any third-party provider
involved in the delivery of the course.
(b) A school district or open-enrollment charter school
shall provide to the agency information required to publish the
list under Subsection (a).
SUBCHAPTER C. FULL-TIME HYBRID AND FULL-TIME VIRTUAL CAMPUSES
Sec. 30B.101. FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS
AUTHORIZATION. (a) A school district or open-enrollment charter
school may operate a full-time hybrid campus or a full-time virtual
campus if authorized by the commissioner in accordance with this
section.
(b) The commissioner shall adopt rules establishing the
requirements for and process by which a school district or
open-enrollment charter school may apply for authorization to
operate a full-time hybrid campus or a full-time virtual campus.
The rules adopted by the commissioner may require certain written
application materials and interviews and shall require a school
district or open-enrollment charter school to:
(1) engage in a year of planning before offering a
course under this chapter to verify the course is designed in
accordance with high-quality criteria;
(2) develop an academic plan that incorporates:
(A) curriculum and instructional practices
aligned with the appropriate essential knowledge and skills
provided under Subchapter A, Chapter 28;
(B) monitoring of the progress of student
performance and interventions;
(C) a method for meeting the needs of and
complying with federal and state requirements for special
populations and at-risk students; and
(D) compliance with the requirements of this
chapter;
(3) develop an operations plan that addresses:
(A) staffing models;
(B) the designation of selected school leaders;
(C) professional development for staff;
(D) student and family engagement;
(E) school calendars and schedules;
(F) student enrollment eligibility;
(G) cybersecurity and student data privacy
measures; and
(H) any educational services to be provided by a
private or third party; and
(4) demonstrate the capacity to execute the district's
or school's plan successfully.
(c) A full-time hybrid campus or full-time virtual campus
authorized under this section must include:
(1) at least one grade level in which an assessment
instrument is required to be administered under Section 39.023(a)
or (c), including each subject or course for which an assessment
instrument is required in that grade level;
(2) sufficient grade levels, as determined by the
commissioner, to allow for the annual evaluation of the performance
of students who complete the courses offered; or
(3) for a campus that does not include grade levels
described by Subdivision (1) or (2), another performance evaluation
measure approved by the commissioner during the authorization
process.
(d) A campus approved under this subchapter may only apply
for and receive authorization to operate as a full-time hybrid
campus or a full-time virtual campus. A campus may not change its
operation designation during the authorization process or after the
campus is authorized.
(e) The commissioner may only authorize a school district or
open-enrollment charter school to operate a full-time hybrid campus
or a full-time virtual campus if the commissioner determines that
the authorization of the campus is likely to result in improved
student learning opportunities. If a district or school will use a
private or third party in operating the campus, the commissioner
shall consider the historical performance of the private or third
party, if known, in making a determination under this section.
(f) A determination made by the commissioner under this
section is final and not subject to appeal.
Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
by this section, the commissioner's authorization of a full-time
hybrid campus or full-time virtual campus under Section 30B.101
continues indefinitely.
(b) The commissioner shall revoke the authorization of a
full-time hybrid campus or full-time virtual campus if the campus
has been assigned, for the three preceding school years:
(1) a needs improvement or unacceptable performance
rating under Subchapter C, Chapter 39;
(2) a rating of performance that needs improvement or
unacceptable, as determined by the commissioner, on a performance
evaluation approved by the commissioner under Section
30B.101(c)(3); or
(3) any combination of the ratings described by
Subdivision (1) or (2).
(c) The commissioner may, based on a special investigation
conducted under Section 39.003:
(1) revoke an authorization of a full-time hybrid
campus or full-time virtual campus; or
(2) require any intervention authorized under that
section.
(d) If a private or third party is determined to be
ineligible under Section 30B.152, the commissioner shall revoke an
authorization of a full-time hybrid campus or full-time virtual
campus for which the private or third party acts as a whole program
virtual instruction provider, unless the commissioner approves a
request by the school district or open-enrollment charter school
that operates the campus to use an alternative private or third
party.
(e) An appeal by a school district or open-enrollment
charter school of a revocation of an authorization under this
chapter that results in the closure of a campus must be made under
Section 39A.301.
Sec. 30B.103. STUDENT ELIGIBILITY. (a) A student eligible
to enroll in a public school of this state is eligible to enroll at a
full-time hybrid campus.
(b) A student is eligible to enroll in a full-time virtual
campus if the student:
(1) attended a public school in this state for a
minimum of six weeks in the current school year or in the preceding
school year;
(2) is, in the school year in which the student first
seeks to enroll in the full-time virtual campus, enrolled in the
first grade or a lower grade level;
(3) was not required to attend public school in this
state due to nonresidency during the preceding school year;
(4) is a dependent of a member of the United States
military who has been deployed; or
(5) has been placed in substitute care in this state.
Sec. 30B.104. STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND
FULL-TIME VIRTUAL CAMPUSES. (a) A student enrolled in a school
district may not be compelled to enroll in a full-time hybrid or
full-time virtual campus. A school district must offer the option
for a student's parent to select in-person instruction for the
student.
(b) Notwithstanding Subsection (a) or Section 30B.052, an
open-enrollment charter school may require a student to attend a
full-time hybrid or full-time virtual campus.
Sec. 30B.105. CAMPUS DESIGNATIONS. The commissioner shall
determine and assign a unique campus designation number to each
full-time hybrid campus or full-time virtual campus authorized
under this subchapter.
Sec. 30B.106. FUNDING. (a) For purposes of calculating the
average daily attendance of students attending a full-time hybrid
campus or full-time virtual campus, the commissioner shall use the
number of full-time equivalent students enrolled in the full-time
hybrid or full-time virtual campus multiplied by the average
attendance rate of the school district or open-enrollment charter
school that offers the full-time hybrid or full-time virtual campus
not including any student enrolled full-time in a full-time hybrid
or full-time virtual campus. In the event that a reliable
attendance rate cannot be determined under this section, the
commissioner shall use the statewide average attendance rate.
(b) The commissioner shall provide proportionate funding to
the applicable school district or open-enrollment charter school
for a student that alternates attendance between a traditional,
in-person campus setting and the full-time hybrid or full-time
virtual campus of any single district or school in the same school
year.
SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS
Sec. 30B.151. NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)
A school district or open-enrollment charter school shall provide
notice to the commissioner of the use of or change in affiliation of
a private or third party acting as a whole program virtual
instruction provider for a full-time hybrid or full-time virtual
campus or program.
(b) Except as provided by Section 30B.152, a school district
or open-enrollment charter school may not use a private or third
party to act as a whole program virtual instruction provider if the
party has been determined to be ineligible under that section.
Sec. 30B.152. PRIVATE OR THIRD-PARTY ACCOUNTABILITY. (a)
The commissioner shall, to the extent feasible, evaluate the
performance of a private or third party acting as a whole program
virtual instruction provider for a school district or
open-enrollment charter school.
(b) The commissioner shall establish a standard to
determine if a private or third party is ineligible to act as a
whole program virtual instruction provider. A private or third
party determined to be ineligible under this section remains
ineligible until after the fifth anniversary of that determination.
(c) A school district or open-enrollment charter school may
use a private or third party determined to be ineligible under
Subsection (b) as a whole program virtual instruction provider if:
(1) the district or school requests approval from the
commissioner; and
(2) the commissioner determines that the reasons the
private or third party was declared ineligible under Subsection (b)
will not affect the operation of the party as a whole program
virtual instruction provider at the district or school.
SUBCHAPTER E. STATE SUPPORT
Sec. 30B.201. EDUCATOR PROFESSIONAL DEVELOPMENT. From
funds appropriated or otherwise available, the agency shall develop
professional development courses and materials aligned with
research-based practices for educators in providing high-quality
virtual education.
Sec. 30B.202. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
From funds appropriated or otherwise available, the agency shall
provide grants and technical assistance to school districts and
open-enrollment charter schools to aid in the establishment of
high-quality full-time hybrid or full-time virtual campuses.
SECTION 8.07. Section 33.009(d), Education Code, is amended
to read as follows:
(d) An academy developed under this section must provide
counselors and other postsecondary advisors with knowledge and
skills to provide counseling to students regarding postsecondary
success and productive career planning and must include information
relating to:
(1) each endorsement described by Section
28.025(c-1), including:
(A) the course requirements for each
endorsement; and
(B) the postsecondary educational and career
opportunities associated with each endorsement;
(2) available methods for a student to earn credit for
a course not offered at the school in which the student is enrolled,
including enrollment in a virtual [an electronic] course provided
[through the state virtual school network] under Chapter 30B [30A];
(3) general academic performance requirements for
admission to an institution of higher education, including the
requirements for automatic admission to a general academic teaching
institution under Section 51.803;
(4) regional workforce needs, including information
about the required education and the average wage or salary for
careers that meet those workforce needs; and
(5) effective strategies for engaging students and
parents in planning for postsecondary education and potential
careers, including participation in mentorships and business
partnerships.
SECTION 8.08. Subchapter A, Chapter 37, Education Code, is
amended by adding Section 37.0071 to read as follows:
Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
EXPULSION. (a) Except as provided by Subsection (b), before a
school district or open-enrollment charter school may expel a
student, the district or school shall consider the appropriateness
and feasibility of, as an alternative to expulsion, enrolling the
student in a full-time hybrid program, full-time virtual program,
full-time hybrid campus, or full-time virtual campus, as those
terms are defined in Section 30B.001.
(b) Subsection (a) does not apply to a student expelled
under Section 37.0081 or 37.007(a), (d), or (e).
SECTION 8.09. Section 48.005, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) In a school year in which the occurrence of an
emergency or crisis, as defined by commissioner rule, causes a
statewide decrease in average daily attendance of school districts
entitled to funding under this chapter or, for an emergency or
crisis occurring only within a specific region of this state,
causes a regional decrease in the average daily attendance of
school districts located in the affected region, the commissioner
shall modify or waive requirements applicable to the affected
districts under this section and adopt appropriate safeguards as
necessary to ensure the continued support and maintenance of an
efficient system of public free schools and the continued delivery
of high-quality instruction under that system.
SECTION 8.10. Section 48.053(b), Education Code, is amended
to read as follows:
(b) A school district to which this section applies is
entitled to funding under this chapter as if the district were a
full-time hybrid campus or full-time virtual campus for purposes of
Section 30B.106 with [had] no tier one local share for purposes of
Section 48.256 for each student enrolled in the district:
(1) who resides in this state; or
(2) who:
(A) is a dependent of a member of the United
States military;
(B) was previously enrolled in school in this
state; and
(C) does not reside in this state due to a
military deployment or transfer.
SECTION 8.11. Section 48.104(f), Education Code, is amended
to read as follows:
(f) A student receiving a full-time virtual education
provided through a full-time virtual campus under Chapter 30B shall
[through the state virtual school network may] be included in
determining the number of students who are educationally
disadvantaged and reside in an economically disadvantaged census
block group under Subsection (b) or (e), as applicable[, if the
school district submits to the commissioner a plan detailing the
enhanced services that will be provided to the student and the
commissioner approves the plan].
SECTION 8.12. Section 48.111, Education Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) For purposes of Subsection (a), in determining the
number of students enrolled in a school district, the commissioner
shall exclude students enrolled in the district who receive
full-time instruction provided through a full-time virtual campus
under Chapter 30B [through the state virtual school network under
Chapter 30A].
(b-1) For purposes of Subsection (a), in determining the
number of students enrolled in a school district, the commissioner
shall exclude students enrolled in the district who receive
full-time instruction through the state virtual school network
under Chapter 30A as that chapter existed on September 1, 2023.
This subsection expires September 1, 2029.
SECTION 8.13. The following provisions of the Education
Code are repealed:
(1) Section 26.0031(f); and
(2) Chapter 30A.
SECTION 8.14. (a) Notwithstanding the repeal by this
article of Chapter 30A, Education Code, a school district or
open-enrollment charter school providing an electronic course or a
full-time program through the state virtual school network in
accordance with Chapter 30A, Education Code, as that law existed
immediately before the effective date of this article, may, except
as provided by Subsection (b) of this section, continue to provide
that course or full-time program as if that chapter were still in
effect until the end of the 2025-2026 school year.
(b) The funding provided to a school district or
open-enrollment charter school for a student enrolled in an
electronic course or full-time program offered through the state
virtual school network in accordance with Chapter 30A, Education
Code, as that law existed immediately before the effective date of
this article, shall be determined, as applicable, under Section
30B.007 or 30B.106, Education Code, as added by this article.
SECTION 8.15. The commissioner of education shall adopt
rules providing an expedited authorization process for a school
district or open-enrollment charter school that applies to operate
a full-time hybrid campus or a full-time virtual campus under
Chapter 30B, Education Code, as added by this article, if the
district or school, as of the effective date of this article:
(1) operates an electronic course or full-time program
through the state virtual school network in accordance with Chapter
30A, Education Code, as that law existed immediately before the
effective date of this article; or
(2) operates a virtual education program, regardless
of whether the district or school received funding for students
enrolled in the program during the 2022-2023 or 2023-2024 school
year.
SECTION 8.16. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 9. CHANGES RELATED TO ACCOUNTABILITY
SECTION 9.01. Subchapter A, Chapter 39, Education Code, is
amended by adding Section 39.008 to read as follows:
Sec. 39.008. EXPIRATION OF CHAPTER. This chapter expires
August 31, 2026.
SECTION 9.02. Subchapter C, Chapter 39, Education Code, is
amended by adding Section 39.0521 to read as follows:
Sec. 39.0521. TEMPORARY PROVISION: ASSIGNMENT OF
PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a)
Notwithstanding any other law, for the 2023-2024, 2024-2025, and
2025-2026 school years, the commissioner shall use the indicators,
standards, procedures, criteria, and calculations prescribed by
the 2022 Accountability Manual, adopted under 19 T.A.C. Section
97.1001, as that rule existed on September 1, 2023, to:
(1) evaluate school district and campus performance
and assign each district and campus a performance rating; and
(2) score assessment instruments administered under
Subchapter B.
(b) The agency shall receive a direct appropriation from the
legislature for any additional costs for scoring the assessment
instruments administered under Subchapter B in the manner described
by Subsection (a)(2).
(c) This section expires August 31, 2026.
SECTION 9.03. Section 39.053, Education Code, is amended by
amending Subsection (c) and adding Subsections (c-4), (c-5), and
(c-6) to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who demonstrate military
readiness by:
(a) enlisting [enlist] in the armed
forces of the United States or the Texas National Guard;
(b) achieving a passing score set by
the applicable military branch on the Armed Services Vocational
Aptitude Battery test; or
(c) successfully completing a Junior
Reserve Officer Training Corps program;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student's
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student's preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), (g-3), and (g-4);
(x) students who successfully completed an
OnRamps dual enrollment course;
(xi) students who successfully completed a
practicum or internship approved by the State Board of Education;
(xii) students who are awarded an associate
degree; and
(xiii) students who successfully completed
a program of study in career and technical education;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
(c-4) The agency shall study the college, career, and
military readiness indicators adopted under Subsection (c) to
determine the correlation of each indicator with post-secondary
success, including the correlation of industry certifications with
wages and available jobs. The assignment of value for an indicator
must be based on the strength of the indicator's correlation with
successful outcomes.
(c-5) The agency shall maintain a list of industry
certifications that are eligible for purposes of Subsection
(c)(1)(B)(v). The certifications must:
(1) be aligned to a program of study that, according to
labor market data, prepares students for high-wage, high-skill,
in-demand occupations;
(2) allow students to demonstrate mastery of the
skills required for occupations within an approved program of
study; and
(3) be obtained through an assessment of the knowledge
and skills provided by or determined by an independent, third-party
certifying entity using predetermined standards for knowledge,
skills, and competencies.
(c-6) The agency shall determine the eligibility of
industry certifications under Subsection (c-5) using the most
current labor market information. A certification the agency
determines is no longer eligible for purposes of Subsection
(c)(1)(B)(v) shall be removed from the list maintained under
Subsection (c-5) not later than four years after the date the agency
makes the determination. During the four years following an
agency's determination under this subsection that an industry
certification is no longer eligible for purposes of Subsection
(c)(1)(B)(v), a school district may receive the benefit of
achievement indicators based on that industry certification for
purposes of Subsection (c) only for a cohort of students who earn
the industry certification and graduate within the four-year
period.
SECTION 9.04. Section 39.0541, Education Code, is amended
to read as follows:
Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
commissioner may adopt indicators and standards under this
subchapter at any time [during a school year] before issuing the
evaluation of a school district or campus for a school year.
SECTION 9.05. Section 39.0542(a), Education Code, is
amended to read as follows:
(a) The [Each school year, the] commissioner shall provide
each school district a document in a simple, accessible format that
explains the accountability performance measures, methods, and
procedures that will be applied [for that school year] in assigning
each school district and campus a performance rating under Section
39.054.
SECTION 9.06. Subchapter H, Chapter 39, Education Code, is
amended by adding Section 39.231 to read as follows:
Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) With
funds appropriated or otherwise available for the purpose, the
agency shall establish a grant program with capacity to assist at
least one school district per education service center region in
developing local accountability systems that comply with the
requirements of Section 39.0544.
(b) The commissioner shall adopt rules to implement this
section.
SECTION 9.07. Chapter 39, Education Code, is amended by
adding Subchapter N to read as follows:
SUBCHAPTER N. TEXAS COMMISSION ON ASSESSMENT AND ACCOUNTABILITY
Sec. 39.451. DEFINITION. In this subchapter, "commission"
means the Texas Commission on Assessment and Accountability.
Sec. 39.452. TEXAS COMMISSION ON ASSESSMENT AND
ACCOUNTABILITY. (a) The commission is established to develop and
make recommendations for:
(1) improvements to the current public school
assessment and accountability systems; and
(2) the adoption of a new assessment and
accountability system as provided by the Every Student Succeeds Act
(20 U.S.C. Section 6301 et seq.).
(b) The commission is composed of 15 members, consisting of:
(1) four members appointed by the governor;
(2) five members appointed by the lieutenant governor;
(3) five members appointed by the speaker of the house
of representatives; and
(4) a member of the State Board of Education, as
designated by the chair of that board.
(c) The members appointed by the governor must have an
interest in public education and include at least:
(1) one person who is a current or retired classroom
teacher with at least 10 years of teaching experience;
(2) one person who is a member of the business
community; and
(3) one person who is a member of the civic community.
(d) The appointments made by the lieutenant governor and the
speaker of the house of representatives must each consist of:
(1) three members of the applicable legislative
chamber;
(2) an administrator in the public school system or an
elected member of the board of trustees of a school district; and
(3) a member of the public who works in public
education with experience in the assessment and accountability
system.
(e) In making appointments under Subsections (b)(1), (2),
and (3), the governor, lieutenant governor, and speaker of the
house of representatives shall coordinate to ensure that the
membership of the commission reflects, to the extent possible, the
ethnic and geographic diversity of this state.
Sec. 39.453. PRESIDING OFFICER. The governor shall
designate the presiding officer of the commission.
Sec. 39.454. COMPENSATION AND REIMBURSEMENT. A member of
the commission is not entitled to compensation for service on the
commission but is entitled to reimbursement for actual and
necessary expenses incurred in performing commission duties.
Sec. 39.455. ADMINISTRATIVE SUPPORT AND FUNDING. (a) One
full-time employee of the agency shall provide administrative
support for the commission. Funding for the full-time employee
shall be provided by legislative appropriation not to exceed
$100,000 made to the agency for that purpose.
(b) Funding for the administrative and operational expenses
of the commission shall be provided by legislative appropriation
not to exceed $100,000 made to the agency for that purpose.
Sec. 39.456. RECOMMENDATIONS. (a) The commission shall
develop recommendations under this subchapter to address issues
related to the public school statewide assessment and
accountability system, including:
(1) the purpose of the assessment and accountability
system and the relationship between state and local accountability
in that system;
(2) the appropriate number of assessments per grade
level that comply with federal requirements;
(3) changes in policy regarding the assessment and
accountability system necessary to meet the needs of the state;
(4) grading systems and the impact that those systems
will have on the assessment and accountability system, including
the use of artificial intelligence in grading systems;
(5) the development and use of additional
research-based indicators for the assessment and accountability
system; and
(6) the adoption of an assessment and accountability
system that meets the needs of the 21st-century student.
(b) The commission may establish one or more working groups
composed of not more than five members of the commission to study,
discuss, and address specific policy issues and recommendations to
refer to the commission for consideration.
Sec. 39.457. REPORT. Not later than December 31, 2024, the
commission shall prepare and deliver a report to the governor and
the legislature that recommends statutory changes to improve the
public school assessment and accountability system, including any
adjustments to funding necessary to account for student
demographics.
Sec. 39.458. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
The commission may hold public meetings as needed to fulfill its
duties under this subchapter.
(b) The commission is subject to Chapters 551 and 552,
Government Code.
Sec. 39.459. COMMISSION ABOLISHED; EXPIRATION OF
SUBCHAPTER. The commission is abolished and this subchapter
expires January 7, 2025.
SECTION 9.08. (a) Notwithstanding any other law, the
commissioner of education may not assign A through F ratings,
domain-scaled scores, or overall scaled scores to an independent
school district or district campus under Chapter 39, Education
Code, for the 2022-2023 school year.
(b) Notwithstanding Subchapter B, Chapter 2001, Government
Code, the commissioner of education may, using abbreviated notice
as determined practicable by the commissioner and without a public
hearing, but with input from the legislature, adopt rules for
determining the accountability of public schools for the 2022-2023
school year.
SECTION 9.09. This article takes effect on the 91st day
after the last day of the legislative session.