Texas 2023 - 88th 4th C.S.

Texas House Bill HB1 Compare Versions

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1	1	88S40070 MM-D
2	2	By: Buckley, et al. H.B. No. 1
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to primary and secondary education, including the
8	8	certification, compensation, and health coverage of certain public
9	9	school employees, the public school finance system, special
10	10	education in public schools, the establishment of an education
11	11	savings account program, measures to support the education of
12	12	public school students that include certain educational grant
13	13	programs, reading instruction, and early childhood education, the
14	14	provision of virtual education, and public school accountability.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	ARTICLE 1. CHANGES RELATED TO PUBLIC SCHOOL EDUCATORS EFFECTIVE FOR
17	17	2024-2025 SCHOOL YEAR
18	18	SECTION 1.01. Section 19.009(d-2), Education Code, is
19	19	amended to read as follows:
20	20	(d-2) Beginning with the 2009-2010 school year, the
21	21	district shall increase the [monthly] salary of each classroom
22	22	teacher, full-time speech pathologist, full-time librarian,
23	23	full-time school counselor certified under Subchapter B, Chapter
24	24	21, and full-time school nurse employed by the district by the
25	25	greater of:
26	26	(1) $80 per month; or
27	27	(2) the maximum uniform amount per month that, when
28	28	combined with any resulting increases in the amount of
29	29	contributions made by the district for social security coverage for
30	30	the specified employees or by the district on behalf of the
31	31	specified employees under Section 825.405, Government Code, may be
32	32	provided using an amount equal to the product of $60 multiplied by
33	33	the number of students in weighted average daily attendance in the
34	34	district during the 2009-2010 school year.
35	35	SECTION 1.02. Subchapter A, Chapter 21, Education Code, is
36	36	amended by adding Section 21.010 to read as follows:
37	37	Sec. 21.010. TEACHER POSITION DATA COLLECTION. The agency
38	38	shall collect data from school districts and open-enrollment
39	39	charter schools for the recruitment and retention of classroom
40	40	teachers, including the classification, grade level, subject area,
41	41	duration, and other relevant information regarding vacant teaching
42	42	positions in a district or school. The data may be collected using
43	43	the Public Education Information Management System (PEIMS) or
44	44	another reporting mechanism specified by the agency.
45	45	SECTION 1.03. Subchapter B, Chapter 21, Education Code, is
46	46	amended by adding Section 21.0411 to read as follows:
47	47	Sec. 21.0411. WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND
48	48	CERTIFICATION FEES. (a) Notwithstanding a rule adopted under
49	49	Section 21.041(c), the board shall, for a person applying for a
50	50	certification to teach established under this subchapter, waive:
51	51	(1) a certification examination fee imposed by the
52	52	board for the first administration of the examination to the
53	53	person; and
54	54	(2) a fee associated with the application for
55	55	certification by the person.
56	56	(b) The board shall pay to a vendor that administers a
57	57	certification examination required for certification to teach
58	58	under this subchapter a fee assessed by that vendor for the
59	59	examination of a person applying for a certification to teach
60	60	established under this subchapter for the first administration of
61	61	the examination to the person.
62	62	SECTION 1.04. Section 21.054, Education Code, is amended by
63	63	amending Subsections (a) and (i) and adding Subsection (i-1) to
64	64	read as follows:
65	65	(a) The board shall propose rules establishing a process for
66	66	identifying continuing education courses and programs that fulfill
67	67	educators' continuing education requirements, including
68	68	opportunities for educators to receive micro-credentials, as
69	69	provided by Subsection (i), in:
70	70	(1) fields of study related to the educator's
71	71	certification class; or
72	72	(2) digital teaching [as provided by Subsection (i)].
73	73	(i) The board shall propose rules establishing a program to
74	74	issue micro-credentials in fields of study related to an educator's
75	75	certification class or in digital teaching. The agency shall
76	76	approve continuing education providers to offer micro-credential
77	77	courses. A micro-credential received by an educator shall be
78	78	recorded on the agency's Educator Certification Online System
79	79	(ECOS) and included as part of the educator's public certification
80	80	records.
81	81	(i-1) In proposing rules under Subsection (i) for
82	82	micro-credentials related to digital teaching, the board shall
83	83	engage relevant stakeholders.
84	84	SECTION 1.05. Section 21.105, Education Code, is amended by
85	85	amending Subsection (c) and adding Subsection (g) to read as
86	86	follows:
87	87	(c) Subject to Subsections (e), [and] (f), and (g), on
88	88	written complaint by the employing district, the State Board for
89	89	Educator Certification may impose sanctions against a teacher
90	90	employed under a probationary contract who:
91	91	(1) resigns;
92	92	(2) fails without good cause to comply with Subsection
93	93	(a) or (b); and
94	94	(3) fails to perform the contract.
95	95	(g) The State Board for Educator Certification may not
96	96	impose a sanction under Subsection (c) against a teacher who
97	97	relinquishes a position under a probationary contract and leaves
98	98	the employment of the district after the 45th day before the first
99	99	day of instruction for the upcoming school year in violation of
100	100	Subsection (a) and without the consent of the board of trustees
101	101	under Subsection (b) if the teacher's failure to comply with
102	102	Subsection (a) was due to:
103	103	(1) a serious illness or health condition of the
104	104	teacher or a close family member of the teacher;
105	105	(2) the teacher's relocation because the teacher's
106	106	spouse or a partner who resides with the teacher changes employers;
107	107	(3) a significant change in the needs of the teacher's
108	108	family in a manner that requires the teacher to:
109	109	(A) relocate; or
110	110	(B) forgo employment during a period of required
111	111	employment under the teacher's contract; or
112	112	(4) the teacher's reasonable belief that the teacher
113	113	had written permission from the school district's administration to
114	114	resign.
115	115	SECTION 1.06. Section 21.160, Education Code, is amended by
116	116	amending Subsection (c) and adding Subsection (g) to read as
117	117	follows:
118	118	(c) Subject to Subsections (e), [and] (f), and (g), on
119	119	written complaint by the employing district, the State Board for
120	120	Educator Certification may impose sanctions against a teacher who
121	121	is employed under a continuing contract that obligates the district
122	122	to employ the person for the following school year and who:
123	123	(1) resigns;
124	124	(2) fails without good cause to comply with Subsection
125	125	(a) or (b); and
126	126	(3) fails to perform the contract.
127	127	(g) The State Board for Educator Certification may not
128	128	impose a sanction under Subsection (c) against a teacher who
129	129	relinquishes a position under a continuing contract and leaves the
130	130	employment of the district after the 45th day before the first day
131	131	of instruction of the upcoming school year in violation of
132	132	Subsection (a) and without the consent of the board of trustees
133	133	under Subsection (b) if the teacher's failure to comply with
134	134	Subsection (a) was due to:
135	135	(1) a serious illness or health condition of the
136	136	teacher or a close family member of the teacher;
137	137	(2) the teacher's relocation because the teacher's
138	138	spouse or a partner who resides with the teacher changes employers;
139	139	(3) a significant change in the needs of the teacher's
140	140	family in a manner that requires the teacher to:
141	141	(A) relocate; or
142	142	(B) forgo employment during a period of required
143	143	employment under the teacher's contract; or
144	144	(4) the teacher's reasonable belief that the teacher
145	145	had written permission from the school district's administration to
146	146	resign.
147	147	SECTION 1.07. Section 21.210, Education Code, is amended by
148	148	amending Subsection (c) and adding Subsection (g) to read as
149	149	follows:
150	150	(c) Subject to Subsections (e), [and] (f), and (g), on
151	151	written complaint by the employing district, the State Board for
152	152	Educator Certification may impose sanctions against a teacher who
153	153	is employed under a term contract that obligates the district to
154	154	employ the person for the following school year and who:
155	155	(1) resigns;
156	156	(2) fails without good cause to comply with Subsection
157	157	(a) or (b); and
158	158	(3) fails to perform the contract.
159	159	(g) The State Board for Educator Certification may not
160	160	impose a sanction under Subsection (c) against a teacher who
161	161	relinquishes a position under a term contract and leaves the
162	162	employment of the district after the 45th day before the first day
163	163	of instruction of the upcoming school year in violation of
164	164	Subsection (a) and without the consent of the board of trustees
165	165	under Subsection (b) if the teacher's failure to comply with
166	166	Subsection (a) was due to:
167	167	(1) a serious illness or health condition of the
168	168	teacher or a close family member of the teacher;
169	169	(2) the teacher's relocation because the teacher's
170	170	spouse or a partner who resides with the teacher changes employers;
171	171	(3) a significant change in the needs of the teacher's
172	172	family in a manner that requires the teacher to:
173	173	(A) relocate; or
174	174	(B) forgo employment during a period of required
175	175	employment under the teacher's contract; or
176	176	(4) the teacher's reasonable belief that the teacher
177	177	had written permission from the school district's administration to
178	178	resign.
179	179	SECTION 1.08. Section 21.257, Education Code, is amended by
180	180	amending Subsection (a) and adding Subsection (f) to read as
181	181	follows:
182	182	(a) Except as provided by Subsection (f), not [Not] later
183	183	than the 60th day after the date on which the commissioner receives
184	184	a teacher's written request for a hearing, the hearing examiner
185	185	shall complete the hearing and make a written recommendation that:
186	186	(1) includes proposed findings of fact and conclusions
187	187	of law; and
188	188	(2) may include a proposal for granting relief.
189	189	(f) The hearing examiner may dismiss a hearing before
190	190	completing the hearing or making a written recommendation if:
191	191	(1) the teacher requests the dismissal;
192	192	(2) the school district withdraws the proposed
193	193	decision that is the basis of the hearing; or
194	194	(3) the teacher and school district request the
195	195	dismissal after reaching a settlement regarding the proposed
196	196	decision that is the basis of the hearing.
197	197	SECTION 1.09. Subchapter H, Chapter 21, Education Code, is
198	198	amended by adding Section 21.3522 to read as follows:
199	199	Sec. 21.3522. LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM
200	200	GRANT PROGRAM. (a) From funds appropriated or otherwise
201	201	available for the purpose, the agency shall establish and
202	202	administer a grant program to provide money and technical
203	203	assistance to:
204	204	(1) expand implementation of local optional teacher
205	205	designation systems under Section 21.3521; and
206	206	(2) increase the number of classroom teachers eligible
207	207	for a designation under that section.
208	208	(b) A grant awarded under this section must:
209	209	(1) meet the needs of individual school districts; and
210	210	(2) enable regional leadership capacity.
211	211	(c) The commissioner may adopt rules to establish and
212	212	administer the grant program under this section.
213	213	SECTION 1.10. Section 21.402, Education Code, is amended by
214	214	amending Subsections (a) and (g) and adding Subsections (a-1),
215	215	(c-2), (i), (j), and (k) to read as follows:
216	216	(a) Except as provided by Subsection (c-2) [(e-1) or (f)], a
217	217	school district must pay each employee who is employed as a
218	218	classroom teacher, full-time librarian, full-time school counselor
219	219	certified under Subchapter B, or full-time school nurse not less
220	220	than the highest annual minimum [minimum monthly] salary described
221	221	by the following schedule applicable to [, based on] the employee's
222	222	certification, if any, and years [level] of experience:
223	223	(1) for an employee with less than five years of
224	224	experience who:
225	225	(A) holds no certification $35,000;
226	226	(B) holds a teacher intern, teacher trainee, or
227	227	probationary certificate issued under Subchapter B $37,000;
228	228	(C) holds the base certificate required under
229	229	Section 21.003(a) for employment in the employee's position other
230	230	than a certificate described by Paragraph (B) $40,000;
231	231	(D) holds a designation under Section 21.3521
232	232	$43,000; or
233	233	(E) holds a residency educator certificate or has
234	234	successfully completed a residency partnership program under
235	235	Subchapter R $43,000;
236	236	(2) for an employee with at least five years of
237	237	experience who holds:
238	238	(A) no certification $45,000;
239	239	(B) a teacher intern, teacher trainee, or
240	240	probationary certificate issued under Subchapter B $47,000;
241	241	(C) the base certificate required under Section
242	242	21.003(a) for employment in the employee's position other than a
243	243	certificate described by Paragraph (B) $50,000; or
244	244	(D) a designation under Section 21.3521
245	245	$53,000; or
246	246	(3) for an employee with at least 10 years of
247	247	experience who holds:
248	248	(A) no certification $55,000;
249	249	(B) a teacher intern, teacher trainee, or
250	250	probationary certificate issued under Subchapter B $57,000;
251	251	(C) the base certificate required under Section
252	252	21.003(a) for employment in the employee's
253	253	position . . .. $60,000; or
254	254	(D) a designation under Section 21.3521
255	255	$63,000 [in addition to other factors, as determined by
256	256	commissioner rule, determined by the following formula:
257	257	[MS = SF x FS
258	258	[where:
259	259	["MS" is the minimum monthly salary;
260	260	["SF" is the applicable salary factor specified by Subsection
261	261	(c); and
262	262	["FS" is the amount, as determined by the commissioner under
263	263	Subsection (b), of the basic allotment as provided by Section
264	264	48.051(a) or (b) for a school district with a maintenance and
265	265	operations tax rate at least equal to the state maximum compressed
266	266	tax rate, as defined by Section 48.051(a)].
267	267	(a-1) For purposes of Subsection (a), a full-time school
268	268	nurse is considered to hold the base certificate required under
269	269	Section 21.003(a) for employment as a school nurse, regardless of
270	270	the other certifications held by the nurse.
271	271	(c-2) A school district is not required to pay an employee
272	272	who is employed as a classroom teacher, full-time librarian,
273	273	full-time school counselor certified under Subchapter B, or
274	274	full-time school nurse the minimum salary required under Subsection
275	275	(a) for the school year following a school year during which the
276	276	district reviews the employee's performance and finds the
277	277	employee's performance unsatisfactory.
278	278	(g) The commissioner may adopt rules to govern the
279	279	application of this section, including rules that:
280	280	(1) require the payment of a minimum salary under this
281	281	section to a person employed in more than one capacity for which a
282	282	minimum salary is provided and whose combined employment in those
283	283	capacities constitutes full-time employment; and
284	284	(2) specify the credentials a person must hold to be
285	285	considered a [speech pathologist or] school nurse under this
286	286	section.
287	287	(i) A school district that increases employee compensation
288	288	in the 2024-2025 school year to comply with Subsection (a), as
289	289	amended by _.B. ___, 88th Legislature, 4th Called Session, 2023, is
290	290	providing compensation for services rendered independently of an
291	291	existing employment contract applicable to that year and is not in
292	292	violation of Section 53, Article III, Texas Constitution. A school
293	293	district that does not meet the requirements of Subsection (a) in
294	294	the 2024-2025 school year may satisfy the requirements of this
295	295	section by providing an employee a one-time bonus payment during
296	296	the 2025-2026 school year in an amount equal to the difference
297	297	between the compensation earned by the employee during the
298	298	2024-2025 school year and the compensation the employee should have
299	299	received during that school year if the district had complied with
300	300	Subsection (a).
301	301	(j) Notwithstanding the minimum salary schedule under
302	302	Subsection (a), a school district that increases the amount a
303	303	classroom teacher, full-time librarian, full-time school counselor
304	304	certified under Subchapter B, or full-time school nurse is
305	305	compensated during the 2024-2025 school year by at least $8,000
306	306	more than the amount the employee was compensated during the
307	307	2023-2024 school year complies with the requirements of this
308	308	section for the 2024-2025 school year.
309	309	(k) Subsections (i) and (j) and this subsection expire
310	310	September 1, 2027.
311	311	SECTION 1.11. The heading to Section 21.403, Education
312	312	Code, is amended to read as follows:
313	313	Sec. 21.403. DETERMINATION OF YEARS OF EXPERIENCE
314	314	[PLACEMENT ON MINIMUM SALARY SCHEDULE].
315	315	SECTION 1.12. Sections 21.403(b) and (c), Education Code,
316	316	are amended to read as follows:
317	317	(b) For each year of work experience required for
318	318	certification in a career or technological field, up to a maximum of
319	319	two years, a certified career or technology education teacher is
320	320	entitled to [salary step] credit as if the work experience were
321	321	teaching experience.
322	322	(c) The commissioner shall adopt rules for determining the
323	323	experience for which a teacher, librarian, school counselor, or
324	324	nurse is to be given credit for purposes of the minimum salary
325	325	schedule under Section 21.402(a) [in placing the teacher,
326	326	librarian, school counselor, or nurse on the minimum salary
327	327	schedule]. A district shall credit the teacher, librarian, school
328	328	counselor, or nurse for each year of experience without regard to
329	329	whether the years are consecutive.
330	330	SECTION 1.13. Subchapter I, Chapter 21, Education Code, is
331	331	amended by adding Sections 21.416 and 21.417 to read as follows:
332	332	Sec. 21.416. EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT
333	333	PROGRAM. (a) From funds appropriated or otherwise available, the
334	334	commissioner shall establish and administer a grant program to
335	335	award funds to reimburse a school district, an open-enrollment
336	336	charter school, the Windham School District, the Texas School for
337	337	the Deaf, or the Texas School for the Blind and Visually Impaired
338	338	that hires a teacher, including an educator who provides services
339	339	related to special education, who retired before September 1, 2022,
340	340	for the increased contributions to the Teacher Retirement System of
341	341	Texas associated with hiring the retired teacher.
342	342	(b) In appropriating money for grants awarded under this
343	343	section, the legislature may provide for, modify, or limit amounts
344	344	appropriated for that purpose in the General Appropriations Act,
345	345	including by:
346	346	(1) providing, notwithstanding Subsection (a), a date
347	347	or date range other than September 1, 2022, before which a teacher
348	348	must have retired for a school district, an open-enrollment charter
349	349	school, the Windham School District, the Texas School for the Deaf,
350	350	or the Texas School for the Blind and Visually Impaired that hires
351	351	the teacher to be eligible; or
352	352	(2) limiting eligibility to a school district or
353	353	open-enrollment charter school that hires a retired teacher:
354	354	(A) who holds a certain certification;
355	355	(B) to teach a certain subject or grade;
356	356	(C) in a certain geographical area; or
357	357	(D) to provide instruction to certain students,
358	358	including to students with disabilities.
359	359	(c) The commissioner shall proportionally reduce the amount
360	360	of funds awarded to school districts, open-enrollment charter
361	361	schools, the Windham School District, the Texas School for the
362	362	Deaf, and the Texas School for the Blind and Visually Impaired under
363	363	this section if the number of grant applications by eligible
364	364	districts or schools exceeds the number of grants the commissioner
365	365	could award with the money appropriated or otherwise available for
366	366	the purpose.
367	367	(d) A school district, an open-enrollment charter school,
368	368	the Windham School District, the Texas School for the Deaf, or the
369	369	Texas School for the Blind and Visually Impaired may use funds
370	370	received under this section to make required payments under Section
371	371	825.4092, Government Code.
372	372	Sec. 21.417. ELECTION BY TEACHER TO USE UNPAID LEAVE. The
373	373	board of trustees of a school district shall adopt a policy that
374	374	provides a classroom teacher employed by the district the option to
375	375	elect not to take the teacher's paid personal leave concurrently
376	376	with unpaid leave the teacher is entitled to take under the Family
377	377	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) for
378	378	an absence due to pregnancy or the birth or adoption of a child.
379	379	SECTION 1.14. Section 21.4552(d), Education Code, is
380	380	amended to read as follows:
381	381	(d) From funds appropriated for that purpose, a teacher who
382	382	attends a literacy achievement academy is entitled to receive a
383	383	stipend in the amount determined by the commissioner. A stipend
384	384	received under this subsection is not considered in determining
385	385	whether a school district is paying the teacher the minimum
386	386	[monthly] salary under Section 21.402.
387	387	SECTION 1.15. Section 21.4553(d), Education Code, is
388	388	amended to read as follows:
389	389	(d) From funds appropriated for that purpose, a teacher who
390	390	attends a mathematics achievement academy is entitled to receive a
391	391	stipend in the amount determined by the commissioner. A stipend
392	392	received under this subsection is not considered in determining
393	393	whether a district is paying the teacher the minimum [monthly]
394	394	salary under Section 21.402.
395	395	SECTION 1.16. Section 21.4555(f), Education Code, is
396	396	amended to read as follows:
397	397	(f) From funds available for that purpose, a teacher who
398	398	attends a civics training program may receive a stipend in an amount
399	399	determined by the commissioner. A stipend received under this
400	400	section is not included in determining whether a district is paying
401	401	the teacher the minimum [monthly] salary under Section 21.402.
402	402	SECTION 1.17. Subchapter J, Chapter 21, Education Code, is
403	403	amended by adding Sections 21.466 and 21.467 to read as follows:
404	404	Sec. 21.466. TEACHER QUALITY ASSISTANCE. (a) From funds
405	405	appropriated or otherwise available for the purpose, the agency
406	406	shall develop training for and provide technical assistance to
407	407	school districts and open-enrollment charter schools regarding:
408	408	(1) strategic compensation, staffing, and scheduling
409	409	efforts that improve professional growth, teacher leadership
410	410	opportunities, and staff retention;
411	411	(2) programs that encourage high school students or
412	412	other members of the community in the area served by the district to
413	413	become teachers, including available teacher apprenticeship
414	414	programs; and
415	415	(3) programs or strategies that school leaders may use
416	416	to establish clear and attainable behavior expectations while
417	417	proactively supporting students.
418	418	(b) From funds appropriated or otherwise available, the
419	419	agency shall provide grants to school districts and open-enrollment
420	420	charter schools to implement initiatives developed under this
421	421	section.
422	422	Sec. 21.467. TEACHER TIME STUDY. (a) From funds
423	423	appropriated or otherwise available for the purpose, the agency
424	424	shall develop and maintain a technical assistance program to
425	425	support school districts and open-enrollment charter schools in:
426	426	(1) studying how the district's or school's staff and
427	427	student schedules, required noninstructional duties for classroom
428	428	teachers, and professional development requirements for educators
429	429	are affecting the amount of time classroom teachers work each week;
430	430	and
431	431	(2) refining the schedules for students or staff as
432	432	necessary to ensure teachers have sufficient time during normal
433	433	work hours to fulfill all job duties, including addressing the
434	434	needs of students.
435	435	(b) The agency shall periodically make findings and
436	436	recommendations for best practices publicly available using
437	437	information from participating school districts and
438	438	open-enrollment charter schools.
439	439	SECTION 1.18. Chapter 21, Education Code, is amended by
440	440	adding Subchapter R to read as follows:
441	441	SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM
442	442	Sec. 21.901. DEFINITIONS. In this subchapter:
443	443	(1) "Board" means the State Board for Educator
444	444	Certification.
445	445	(2) "Cooperating teacher" means a classroom teacher
446	446	who:
447	447	(A) has at least three full school years of
448	448	teaching experience with a superior record of assisting students in
449	449	achieving improvement in student performance;
450	450	(B) is employed by a school district or
451	451	open-enrollment charter school participating in a partnership
452	452	program under this subchapter and paired with a partnership
453	453	resident at the district or school; and
454	454	(C) provides coaching to a partnership resident
455	455	in the teacher's classroom.
456	456	(3) "Partnership program" means a Texas Teacher
457	457	Residency Partnership Program established at a school district or
458	458	open-enrollment charter school in accordance with this subchapter.
459	459	(4) "Partnership resident" means a person enrolled in
460	460	a qualified educator preparation program participating in a
461	461	partnership program as a candidate for educator certification.
462	462	(5) "Qualified educator preparation program" means an
463	463	educator preparation program approved in accordance with rules
464	464	proposed under Section 21.903.
465	465	Sec. 21.902. ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)
466	466	The commissioner shall establish the Texas Teacher Residency
467	467	Partnership Program to enable qualified educator preparation
468	468	programs to form partnerships with school districts or
469	469	open-enrollment charter schools to provide residency positions to
470	470	partnership residents at the district or school.
471	471	(b) The partnership program must be designed to:
472	472	(1) allow partnership residents to receive
473	473	field-based experience working with cooperating teachers in
474	474	prekindergarten through grade 12 classrooms; and
475	475	(2) gradually increase the amount of time a
476	476	partnership resident spends engaging in instructional
477	477	responsibilities, including observation, co-teaching, and
478	478	lead-teaching responsibilities.
479	479	Sec. 21.903. QUALIFIED EDUCATOR PREPARATION PROGRAMS. The
480	480	board shall propose rules specifying the requirements for board
481	481	approval of an educator preparation program as a qualified educator
482	482	preparation program for purposes of this subchapter. The rules
483	483	must require an educator preparation program to:
484	484	(1) use research-based best practices for recruiting
485	485	and admitting candidates into the educator preparation program to
486	486	participate in the partnership program;
487	487	(2) integrate curriculum, classroom practice, and
488	488	formal observation and feedback;
489	489	(3) use multiple assessments to measure a partnership
490	490	resident's progress in the partnership program; and
491	491	(4) partner with a school district or open-enrollment
492	492	charter school.
493	493	Sec. 21.904. REQUIREMENTS FOR PARTICIPATING DISTRICTS AND
494	494	SCHOOLS. (a) A school district or open-enrollment charter school
495	495	participating in the partnership program shall:
496	496	(1) enter into a written agreement with a qualified
497	497	educator preparation program to:
498	498	(A) provide a partnership resident with at least
499	499	one school year of clinical teaching in a residency position at the
500	500	district or school in the subject area and grade level for which the
501	501	resident seeks certification; and
502	502	(B) pair the partnership resident with a
503	503	cooperating teacher;
504	504	(2) specify the amount of money the district receives
505	505	under Section 48.157 that the district will provide to the program;
506	506	(3) only use money received under Section 48.157 to:
507	507	(A) implement the partnership program;
508	508	(B) provide compensation to:
509	509	(i) partnership residents in residency
510	510	positions at the district or school; and
511	511	(ii) cooperating teachers who are paired
512	512	with partnership residents at the district or school; and
513	513	(C) provide an amount equal to at least 10
514	514	percent of the funding received by the district or school to the
515	515	qualified educator preparation program with which the district or
516	516	school partners;
517	517	(4) pay at least 50 percent of the compensation paid to
518	518	partnership residents using money other than money received under
519	519	Section 48.157; and
520	520	(5) provide any information required by the agency
521	521	regarding the district's or school's implementation of the program.
522	522	(b) A school district or open-enrollment charter school may
523	523	only pair a partnership resident with a cooperating teacher who
524	524	agrees to participate in that role in a partnership program at the
525	525	district or school partnership program.
526	526	(c) A partnership resident may not serve as a teacher of
527	527	record, as that term is defined by Section 21.051.
528	528	Sec. 21.905. RESIDENCY EDUCATOR CERTIFICATE. The board
529	529	shall propose rules specifying the requirements for the issuance of
530	530	a residency educator certificate to a candidate who has
531	531	successfully completed a qualified educator preparation program
532	532	under Section 21.903. The rules may not require the resident to
533	533	pass a pedagogy examination unless the examination tests
534	534	subject-specific content appropriate for the grade and subject area
535	535	for which the candidate seeks certification.
536	536	Sec. 21.906. AGENCY SUPPORT. The agency shall provide
537	537	technical assistance, planning, and support to school districts,
538	538	open-enrollment charter schools, and qualified educator
539	539	preparation programs, which must include:
540	540	(1) providing model forms and agreements a district,
541	541	school, or educator preparation program may use to comply with the
542	542	requirements of this subchapter; and
543	543	(2) support for district and school strategic staffing
544	544	and compensation models to incentivize participation in a
545	545	partnership program.
546	546	Sec. 21.907. AUTHORITY TO ACCEPT CERTAIN FUNDS. The
547	547	commissioner may solicit and accept gifts, grants, and donations
548	548	from public and private entities to use for the purposes of this
549	549	subchapter.
550	550	Sec. 21.908. RULES; NEGOTIATED RULEMAKING COMMITTEE. (a)
551	551	The board shall propose rules necessary to implement this
552	552	subchapter, including, subject to Subsection (b), rules under
553	553	Sections 21.903 and 21.905.
554	554	(b) In using negotiated rulemaking procedures under Chapter
555	555	2008, Government Code, for any proposed rule related to the
556	556	implementation of Section 21.903 or 21.905, the board must appoint
557	557	to the negotiated rulemaking committee persons representing
558	558	institutions of higher education, as defined by Section 61.003.
559	559	(c) The commissioner shall adopt rules as necessary to
560	560	implement this subchapter after considering the recommendations of
561	561	the negotiated rulemaking committee appointed under Subsection
562	562	(b).
563	563	SECTION 1.19. Section 29.153(b), Education Code, is amended
564	564	to read as follows:
565	565	(b) A child is eligible for enrollment in a prekindergarten
566	566	class under this section if the child is at least three years of age
567	567	and:
568	568	(1) is unable to speak and comprehend the English
569	569	language;
570	570	(2) is educationally disadvantaged;
571	571	(3) is homeless, regardless of the residence of the
572	572	child, of either parent of the child, or of the child's guardian or
573	573	other person having lawful control of the child;
574	574	(4) is the child of an active duty member of the armed
575	575	forces of the United States, including the state military forces or
576	576	a reserve component of the armed forces, who is ordered to active
577	577	duty by proper authority;
578	578	(5) is the child of a member of the armed forces of the
579	579	United States, including the state military forces or a reserve
580	580	component of the armed forces, who was injured or killed while
581	581	serving on active duty;
582	582	(6) is or ever has been in:
583	583	(A) the conservatorship of the Department of
584	584	Family and Protective Services following an adversary hearing held
585	585	as provided by Section 262.201, Family Code; or
586	586	(B) foster care in another state or territory, if
587	587	the child resides in this state; [or]
588	588	(7) is the child of a person eligible for the Star of
589	589	Texas Award as:
590	590	(A) a peace officer under Section 3106.002,
591	591	Government Code;
592	592	(B) a firefighter under Section 3106.003,
593	593	Government Code; or
594	594	(C) an emergency medical first responder under
595	595	Section 3106.004, Government Code; or
596	596	(8) is the child of a person employed as a classroom
597	597	teacher at a public primary or secondary school in the school
598	598	district that offers a prekindergarten class under this section.
599	599	SECTION 1.20. Section 30.102(b), Education Code, is amended
600	600	to read as follows:
601	601	(b) A classroom teacher, full-time librarian, full-time
602	602	school counselor certified under Subchapter B, Chapter 21, or
603	603	full-time school nurse employed by the department is entitled to
604	604	receive as a minimum salary the [monthly] salary specified by
605	605	Section 21.402. A classroom teacher, full-time librarian,
606	606	full-time school counselor, or full-time school nurse may be paid,
607	607	from funds appropriated to the department, a salary in excess of the
608	608	minimum specified by that section, but the salary may not exceed the
609	609	rate of pay for a similar position in the public schools of an
610	610	adjacent school district.
611	611	SECTION 1.21. Section 33.009(h), Education Code, is amended
612	612	to read as follows:
613	613	(h) From funds appropriated for that purpose, a school
614	614	counselor who attends the academy under this section is entitled to
615	615	receive a stipend in the amount determined by the coordinating
616	616	board. If funds are available after all eligible school counselors
617	617	have received a stipend under this subsection, the coordinating
618	618	board shall pay a stipend in the amount determined by the
619	619	coordinating board to a teacher who attends the academy under this
620	620	section. A stipend received under this subsection is not
621	621	considered in determining whether a district is paying the school
622	622	counselor or teacher the minimum [monthly] salary under Section
623	623	21.402.
624	624	SECTION 1.22. Subchapter D, Chapter 48, Education Code, is
625	625	amended by adding Section 48.157 to read as follows:
626	626	Sec. 48.157. RESIDENCY PARTNERSHIP ALLOTMENT. (a) In this
627	627	section, "partnership program" and "partnership resident" have the
628	628	meanings assigned by Section 21.901.
629	629	(b) For each partnership resident employed at a school
630	630	district in a residency position under Subchapter R, Chapter 21,
631	631	the district is entitled to an allotment equal to a base amount of
632	632	$22,000 increased by the high needs and rural factor, as determined
633	633	under Subsection (c), to an amount not to exceed $42,000.
634	634	(c) The high needs and rural factor is determined by
635	635	multiplying $5,000 by the lesser of:
636	636	(1) the average of the point value assigned to each
637	637	student at a district campus under Sections 48.112(e) and (f); or
638	638	(2) 4.0.
639	639	(d) In addition to the funding under Subsection (b), a
640	640	district that qualifies for an allotment under this section is
641	641	entitled to an additional $2,000 for each partnership resident
642	642	employed in a residency position at the district who is a candidate
643	643	for special education or bilingual education certification.
644	644	(e) The Texas School for the Deaf and the Texas School for
645	645	the Blind and Visually Impaired are entitled to an allotment under
646	646	this section. If the commissioner determines that assigning point
647	647	values under Subsection (c) to students enrolled in the Texas
648	648	School for the Deaf or the Texas School for the Blind and Visually
649	649	Impaired is impractical, the commissioner may use the average point
650	650	value assigned for those students' home districts for purposes of
651	651	calculating the high needs and rural factor.
652	652	SECTION 1.23. Subchapter F, Chapter 48, Education Code, is
653	653	amended by adding Section 48.280 to read as follows:
654	654	Sec. 48.280. SALARY TRANSITION ALLOTMENT. (a) A school
655	655	district is entitled to receive an annual salary transition
656	656	allotment equal to the number of employees on the minimum salary
657	657	schedule under Section 21.402 for the applicable school year
658	658	multiplied by the difference, if that amount is greater than zero,
659	659	between:
660	660	(1) the amount calculated under Subsection (b); and
661	661	(2) the amount calculated under Subsection (c).
662	662	(b) The agency shall calculate a school district's value for
663	663	Subsection (a)(1) by determining the difference between:
664	664	(1) the amount the district must pay in compensation
665	665	for the current school year for employees on the minimum salary
666	666	schedule under Section 21.402, as amended by _.B. ___, 88th
667	667	Legislature, 4th Called Session, 2023, divided by the total number
668	668	of employees on the minimum salary schedule under that section for
669	669	that school year; and
670	670	(2) the amount paid in compensation for the 2023-2024
671	671	school year for employees on the minimum salary schedule under
672	672	Section 21.402 divided by the total number of employees on the
673	673	minimum salary schedule under that section for that school year.
674	674	(c) The agency shall calculate a school district's value for
675	675	Subsection (a)(2) by determining the difference between:
676	676	(1) the total maintenance and operations revenue for
677	677	the current school year divided by the total number of employees on
678	678	the minimum salary schedule under Section 21.402 for that school
679	679	year; and
680	680	(2) the total maintenance and operations revenue that
681	681	would have been available to the district for the current school
682	682	year using the basic allotment formula provided by Section 48.051
683	683	and the small and mid-sized allotment formulas provided by Section
684	684	48.101 as those sections existed on January 1, 2023, divided by the
685	685	total number of employees on the minimum salary schedule under
686	686	Section 21.402 for that school year.
687	687	(d) In calculating the values under this section for a
688	688	school district or open-enrollment charter school to which Section
689	689	21.402 does not apply, the agency shall include as employees on the
690	690	minimum salary schedule under that section employees of the
691	691	district or school who would have been on the minimum salary
692	692	schedule under that section if the district or school were a school
693	693	district to which that section applies.
694	694	(e) Before making a final determination of the amount of an
695	695	allotment to which a school district is entitled under this
696	696	section, the agency shall ensure each school district has an
697	697	opportunity to review and submit revised information to the agency
698	698	for purposes of calculating the values under Subsection (a).
699	699	(f) For purposes of this section, "compensation" includes
700	700	contributions made to the Teacher Retirement System of Texas under
701	701	Sections 825.4035 and 825.405, Government Code.
702	702	SECTION 1.24. The following provisions are repealed:
703	703	(1) Sections 21.402(b), (c), (c-1), (f), and (h),
704	704	Education Code;
705	705	(2) Sections 21.403(a) and (d), Education Code;
706	706	(3) Subchapter Q, Chapter 21, Education Code; and
707	707	(4) Section 825.4092(f), Government Code.
708	708	SECTION 1.25. Not later than September 1, 2026, the
709	709	commissioner of education, with the assistance of the executive
710	710	director of the Teacher Retirement System of Texas and the
711	711	comptroller of public accounts, shall make recommendations to the
712	712	legislature to improve and coordinate pension contribution
713	713	appropriations for public school employees.
714	714	SECTION 1.26. Section 21.257(f), Education Code, as added
715	715	by this article, applies only to a hearing before a hearing examiner
716	716	commenced on or after the effective date of this article.
717	717	SECTION 1.27. Notwithstanding Section 21.903, Education
718	718	Code, as added by this article, until the State Board for Educator
719	719	Certification adopts rules specifying the requirements for
720	720	approval of an educator preparation program as a qualified educator
721	721	preparation program as required by that section, the commissioner
722	722	of education may approve a program as a qualified educator
723	723	preparation program for purposes of Subchapter R, Chapter 21,
724	724	Education Code, as added by this article, if the commissioner
725	725	determines that the program meets the requirements under Section
726	726	21.903, Education Code, as added by this article. An educator
727	727	preparation program's designation as a qualified educator
728	728	preparation program by the commissioner under this section remains
729	729	effective until the first anniversary of the earliest effective
730	730	date of a rule adopted by the State Board for Educator Certification
731	731	under Section 21.903, Education Code, as added by this article.
732	732	SECTION 1.28. This article takes effect September 1, 2024.
733	733	ARTICLE 2. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
734	734	2023-2024 SCHOOL YEAR
735	735	SECTION 2.01. Section 30.003, Education Code, is amended by
736	736	amending Subsections (b) and (f-1) and adding Subsection (b-1) to
737	737	read as follows:
738	738	(b) If the student is admitted to the school for a full-time
739	739	program for the equivalent of two long semesters, the district's
740	740	share of the cost is an amount equal to the dollar amount of
741	741	maintenance and debt service taxes imposed by the district for that
742	742	year, subject to Subsection (b-1), divided by the district's
743	743	average daily attendance for the preceding year.
744	744	(b-1) For purposes of Subsection (b), the commissioner
745	745	shall reduce the dollar amount of maintenance and debt service
746	746	taxes imposed by the district for a year by the amount, if any, by
747	747	which the district is required to reduce the district's local
748	748	revenue level under Section 48.257 for that year.
749	749	(f-1) The commissioner shall determine the total amount
750	750	that the Texas School for the Blind and Visually Impaired and the
751	751	Texas School for the Deaf would have received from school districts
752	752	in accordance with this section if the following provisions had not
753	753	reduced the districts' share of the cost of providing education
754	754	services:
755	755	(1) H.B. No. 1, Acts of the 79th Legislature, 3rd
756	756	Called Session, 2006;
757	757	(2) Subsection (b-1) of this section;
758	758	(3) Section 45.0032;
759	759	(4) [(3)] Section 48.255; and
760	760	(5) [(4)] Section 48.2551.
761	761	SECTION 2.02. Section 48.110(d), Education Code, is amended
762	762	to read as follows:
763	763	(d) For each annual graduate in a cohort described by
764	764	Subsection (b) who demonstrates college, career, or military
765	765	readiness as described by Subsection (f) in excess of the minimum
766	766	number of students determined for the applicable district cohort
767	767	under Subsection (c), a school district is entitled to an annual
768	768	outcomes bonus of:
769	769	(1) if the annual graduate is educationally
770	770	disadvantaged, $5,000;
771	771	(2) if the annual graduate is not educationally
772	772	disadvantaged, $3,000; and
773	773	(3) if the annual graduate is enrolled in a special
774	774	education program under Subchapter A, Chapter 29, $4,000 [$2,000],
775	775	regardless of whether the annual graduate is educationally
776	776	disadvantaged.
777	777	SECTION 2.03. Subchapter C, Chapter 48, Education Code, is
778	778	amended by adding Section 48.116 to read as follows:
779	779	Sec. 48.116. FINE ARTS ALLOTMENT. (a) For each student in
780	780	average daily attendance enrolled in a fine arts education course
781	781	approved by the agency under Subsection (b) in grades 6 through 12,
782	782	a school district is entitled to an annual allotment equal to:
783	783	(1) if the student is not educationally disadvantaged,
784	784	the basic allotment, or, if applicable, the sum of the basic
785	785	allotment and the allotment under Section 48.101 to which the
786	786	district is entitled, multiplied by 0.008; or
787	787	(2) if the student is educationally disadvantaged, the
788	788	amount determined under Subdivision (1) multiplied by two.
789	789	(b) The agency shall approve fine arts education courses
790	790	that qualify for the allotment provided under this section. The
791	791	approved courses must include fine arts education courses that:
792	792	(1) are authorized by the State Board of Education,
793	793	including music, art, theater, and dance;
794	794	(2) provide students with the knowledge and skills
795	795	necessary for success in the fine arts; and
796	796	(3) require a student in full-time attendance to
797	797	receive not less than 225 minutes of fine arts instruction per week.
798	798	(c) The agency shall annually publish a list of fine arts
799	799	courses approved under Subsection (b).
800	800	SECTION 2.04. Section 48.277(b), Education Code, is amended
801	801	to read as follows:
802	802	(b) For purposes of calculating maintenance and operations
803	803	revenue under Subsection (a), the commissioner shall:
804	804	(1) for purposes of Subsections (a)(1) and (2), use
805	805	the following applicable school year:
806	806	(A) in a school year ending in an even-numbered
807	807	year, the 2019-2020 school year; and
808	808	(B) in a school year ending in an odd-numbered
809	809	year, the 2019-2020 or 2020-2021 school year, whichever is greater;
810	810	(2) include all state and local funding, except for
811	811	any funding resulting from:
812	812	(A) reimbursement for disaster remediation costs
813	813	under former Sections 41.0931 and 42.2524;
814	814	(B) an adjustment for rapid decline in taxable
815	815	value of property under former Section 42.2521;
816	816	(C) an adjustment for property value affected by
817	817	a state of disaster under former Section 42.2523; [and]
818	818	(D) additional state aid under Section 48.307 or
819	819	48.308; and
820	820	(E) additional state aid for retention stipends
821	821	under Section 48.285;
822	822	(3) adjust the calculation to reflect a reduction in
823	823	tax effort by a school district; and
824	824	(4) if a school district or open-enrollment charter
825	825	school receives a waiver relating to eligibility requirements for
826	826	the national free or reduced-price lunch program under 42 U.S.C.
827	827	Section 1751 et seq., use the numbers of educationally
828	828	disadvantaged students on which the district's or school's
829	829	entitlement to compensatory education funds was based for the
830	830	school year before the school year in which the district or school
831	831	received the waiver, adjusted for estimated enrollment growth.
832	832	SECTION 2.05. Subchapter F, Chapter 48, Education Code, is
833	833	amended by adding Sections 48.284 and 48.285 to read as follows:
834	834	Sec. 48.284. PROPERTY VALUE STUDY HARDSHIP GRANTS. (a) For
835	835	the 2023-2024 and 2024-2025 school years, from money appropriated
836	836	for purposes of this section, the commissioner may administer a
837	837	grant program to provide grants to eligible school districts to
838	838	offset a reduction in the district's funding under the Foundation
839	839	School Program resulting from the use of the state value for the
840	840	district's taxable value of property as provided by Section
841	841	403.302(c), Government Code, for the 2022 and 2023 tax years.
842	842	(b) The amount of a grant awarded under this section is the
843	843	difference, if that difference is greater than zero, between:
844	844	(1) the funding the school district would have
845	845	received under Chapter 46, this chapter, and Chapter 49 for the
846	846	applicable school year if the local value for the district's
847	847	taxable value of property was used for the applicable tax year; and
848	848	(2) the funding to which the district is entitled
849	849	under Chapter 46, this chapter, and Chapter 49 for the applicable
850	850	school year.
851	851	(c) An open-enrollment charter school is not eligible to
852	852	receive a grant under this section.
853	853	(d) Funding provided to a school district under this section
854	854	is in addition to all other funding provided under Chapter 46, this
855	855	chapter, and Chapter 49.
856	856	(e) The commissioner may require a school district to
857	857	submit, or request from a state agency or a political subdivision of
858	858	this state, additional information as needed to make a
859	859	determination under this section.
860	860	(f) The total amount of grants awarded under this section
861	861	for a school year may not exceed $60 million.
862	862	(g) In awarding grants under this section, the commissioner
863	863	shall prioritize school districts experiencing the greatest
864	864	percentage reduction in funding described by Subsection (a).
865	865	(h) The commissioner may not adjust the amount of a grant
866	866	awarded under this section based on data revisions received after
867	867	the grant has been awarded.
868	868	(i) A determination by the commissioner under this section
869	869	is final and may not be appealed.
870	870	(j) This section expires September 1, 2025.
871	871	Sec. 48.285. ADDITIONAL STATE AID FOR RETENTION STIPENDS.
872	872	(a) For the 2023-2024 school year, a school district, including a
873	873	school district that is otherwise ineligible for state aid under
874	874	this chapter, is entitled to state aid in an amount equal to the sum
875	875	of:
876	876	(1) the product of $4,000 multiplied by the number of
877	877	full-time employees subject to the minimum salary schedule under
878	878	Section 21.402 employed by the district; and
879	879	(2) the product of $2,000 multiplied by the number of
880	880	part-time classroom teachers, part-time librarians, part-time
881	881	school counselors certified under Subchapter B, Chapter 21, and
882	882	part-time school nurses employed by the district.
883	883	(b) A school district shall use state aid received under
884	884	Subsection (a) to provide a one-time stipend to each employee for
885	885	whom the district received state aid in the amount of the state aid
886	886	provided under that subsection for that employee.
887	887	(c) An open-enrollment charter school is entitled to state
888	888	aid under this section in the same manner as a school district and
889	889	is required to provide a one-time stipend to each employee in a
890	890	comparable role as a school district employee described by
891	891	Subsection (a) as if those employees were subject to the minimum
892	892	salary schedule under Section 21.402.
893	893	(d) A determination by the commissioner under this section
894	894	is final and may not be appealed.
895	895	(e) A school district or an open-enrollment charter school
896	896	is not entitled to funding under this section beginning with the
897	897	2024-2025 school year.
898	898	(f) This section expires September 1, 2025.
899	899	SECTION 2.06. This article takes effect immediately if this
900	900	Act receives a vote of two-thirds of all the members elected to each
901	901	house, as provided by Section 39, Article III, Texas Constitution.
902	902	If this Act does not receive the vote necessary for immediate
903	903	effect, the entirety of this article takes effect on the 91st day
904	904	after the last day of the legislative session.
905	905	ARTICLE 3. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
906	906	2024-2025 SCHOOL YEAR
907	907	SECTION 3.01. Section 29.054, Education Code, is amended by
908	908	adding Subsection (e) to read as follows:
909	909	(e) Notwithstanding Section 29.066(c), the agency may
910	910	require, for purposes of implementing Section 48.105, a school
911	911	district granted an exception under this section to:
912	912	(1) include in the district's Public Education
913	913	Information Management System (PEIMS) report additional
914	914	information the agency specifies related to the alternative
915	915	language education methods the district uses; and
916	916	(2) classify the alternative language education
917	917	methods the district uses under the Public Education Information
918	918	Management System (PEIMS) report as the agency specifies.
919	919	SECTION 3.02. Section 48.051(a), Education Code, is amended
920	920	to read as follows:
921	921	(a) For each student in average daily attendance, not
922	922	including the time students spend each day in special education
923	923	programs in a setting [an instructional arrangement] other than a
924	924	general education setting [mainstream] or career and technology
925	925	education programs, for which an additional allotment is made under
926	926	Subchapter C, a district is entitled to an allotment equal to [the
927	927	lesser of $6,160 or] the amount that results from the following
928	928	formula:
929	929	A = B [$6,160] X TR/MCR
930	930	where:
931	931	"A" is the allotment to which a district is entitled;
932	932	"B" is the base amount, which equals the greater of:
933	933	(1) $6,700;
934	934	(2) an amount equal to the district's base amount under
935	935	this section for the preceding school year; or
936	936	(3) the amount appropriated under Subsection (b);
937	937	"TR" is the district's tier one maintenance and operations
938	938	tax rate, as provided by Section 45.0032; and
939	939	"MCR" is the district's maximum compressed tax rate, as
940	940	determined under Section 48.2551.
941	941	SECTION 3.03. Section 48.101, Education Code, is amended to
942	942	read as follows:
943	943	Sec. 48.101. SMALL AND MID-SIZED DISTRICT ALLOTMENT. (a)
944	944	Small and mid-sized districts are entitled to an annual allotment
945	945	in accordance with this section. In this section:
946	946	(1) "AA" is the district's annual allotment per
947	947	student in average daily attendance;
948	948	(2) "ADA" is the number of students in average daily
949	949	attendance for which the district is entitled to an allotment under
950	950	Section 48.051, other than students in average daily attendance who
951	951	do not reside in the district and are enrolled in a full-time
952	952	virtual program; and
953	953	(3) "BA" is the basic allotment determined under
954	954	Section 48.051.
955	955	(b) A school district that has fewer than 1,600 students in
956	956	average daily attendance is entitled to an annual allotment for
957	957	each student in average daily attendance based on the following
958	958	formula:
959	959	AA = ((1,600 - ADA) X .00044 [.0004]) X BA
960	960	(c) A school district that offers a kindergarten through
961	961	grade 12 program and has less than 5,000 students in average daily
962	962	attendance is entitled to an annual allotment for each student in
963	963	average daily attendance based on the formula, of the following
964	964	formulas, that results in the greatest annual allotment:
965	965	(1) the formula in Subsection (b), if the district is
966	966	eligible for that formula; or
967	967	(2) AA = ((5,000 - ADA) X .000034 [.000025]) X BA.
968	968	(d) Instead of the allotment under Subsection (b) or (c)(1),
969	969	a school district that has fewer than 300 students in average daily
970	970	attendance and is the only school district located in and operating
971	971	in a county is entitled to an annual allotment for each student in
972	972	average daily attendance based on the following formula:
973	973	AA = ((1,600 - ADA) X .00054 [.00047]) X BA
974	974	SECTION 3.04. Subchapter C, Chapter 48, Education Code, is
975	975	amended by adding Section 48.1022 to read as follows:
976	976	Sec. 48.1022. SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL
977	977	EVALUATION. For each student for whom a school district conducts a
978	978	full individual and initial evaluation under Section 29.004 or 20
979	979	U.S.C. Section 1414(a)(1), the district is entitled to an allotment
980	980	of $500 or a greater amount provided by appropriation.
981	981	SECTION 3.05. Section 48.103(d), Education Code, is amended
982	982	to read as follows:
983	983	(d) A school district may use [an amount not to exceed 20
984	984	percent of] the allotment provided for a qualifying student under
985	985	this section to contract with a private provider to provide
986	986	supplemental academic services to the student that are recommended
987	987	under the student's program or plan described by Subsection (b). A
988	988	student may not be excused from school to receive supplemental
989	989	academic services provided under this subsection.
990	990	SECTION 3.06. Sections 48.104(a), (d), and (e), Education
991	991	Code, are amended to read as follows:
992	992	(a) For each student who does not have a disability and
993	993	resides in a residential placement facility in a district in which
994	994	the student's parent or legal guardian does not reside, a district
995	995	is entitled to an annual allotment equal to the basic allotment
996	996	multiplied by 0.2 or, if the student is educationally
997	997	disadvantaged, 0.28 [0.275]. For each full-time equivalent student
998	998	who is in a remedial and support program under Section 29.081
999	999	because the student is pregnant, a district is entitled to an annual
1000	1000	allotment equal to the basic allotment multiplied by 2.41.
1001	1001	(d) The weights assigned to the five tiers of the index
1002	1002	established under Subsection (c) are, from least to most severe
1003	1003	economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255
1004	1004	[0.25], 0.2675 [0.2625], and 0.28 [0.275].
1005	1005	(e) If insufficient data is available for any school year to
1006	1006	evaluate the level of economic disadvantage in a census block
1007	1007	group, a school district is entitled to an annual allotment equal to
1008	1008	the basic allotment multiplied by 0.23 [0.225] for each student who
1009	1009	is educationally disadvantaged and resides in that census block
1010	1010	group.
1011	1011	SECTION 3.07. Section 48.105, Education Code, is amended by
1012	1012	adding Subsections (a-1) and (a-2) and amending Subsection (b) to
1013	1013	read as follows:
1014	1014	(a-1) The agency shall review school districts offering
1015	1015	alternative language methods the agency approves under Section
1016	1016	29.054(d) and approve districts to receive the allotment under
1017	1017	Subsection (a-2) for that biennium in a manner that provides not
1018	1018	more than $10 million total under the allotment to school districts
1019	1019	in each biennium. In approving school districts to receive the
1020	1020	allotment under this subsection, the agency shall, to the extent
1021	1021	possible, approve eligible school districts from a cross section of
1022	1022	this state.
1023	1023	(a-2) For each student in average daily attendance in an
1024	1024	alternative language method the agency approves under Section
1025	1025	29.054(d), and offered by a school district approved to receive the
1026	1026	allotment under Subsection (a-1), the district is entitled to an
1027	1027	annual allotment equal to the basic allotment multiplied by:
1028	1028	(1) 0.15 for an emergent bilingual student, as defined
1029	1029	by Section 29.052, if the student is in an alternative language
1030	1030	method using a dual language immersion/one-way or two-way program
1031	1031	model; and
1032	1032	(2) 0.05 for a student not described by Subdivision
1033	1033	(1), if the student is in an alternative language method using a
1034	1034	dual language immersion/one-way or two-way program model.
1035	1035	(b) At least 55 percent of the funds allocated under this
1036	1036	section must be used in providing bilingual education or special
1037	1037	language programs under Subchapter B, Chapter 29. A district's
1038	1038	bilingual education or special language allocation may be used only
1039	1039	for program and student evaluation, instructional materials and
1040	1040	equipment, staff development, supplemental staff expenses, teacher
1041	1041	salaries [salary supplements for teachers], incremental costs
1042	1042	associated with providing smaller class sizes, and other supplies
1043	1043	required for quality instruction.
1044	1044	SECTION 3.08. Section 48.108, Education Code, is amended by
1045	1045	adding Subsections (a-1), (a-2), (a-3), and (a-4) to read as
1046	1046	follows:
1047	1047	(a-1) In addition to the allotment under Subsection (a) and
1048	1048	subject to Subsection (a-2), a school district is entitled to an
1049	1049	annual allotment equal to the basic allotment multiplied by 0.2 for
1050	1050	each student in average daily attendance enrolled in a
1051	1051	prekindergarten class provided through a contract with a
1052	1052	community-based child-care provider under Section 29.153.
1053	1053	(a-2) The total number of students in average daily
1054	1054	attendance statewide for whom an allotment may be provided under
1055	1055	Subsection (a-1) for a school year may not exceed 10,000 students in
1056	1056	average daily attendance. If the number of students in average
1057	1057	daily attendance for whom a school district is entitled to an
1058	1058	allotment under this section exceeds the maximum number provided by
1059	1059	this subsection, the commissioner shall allocate the allotments to
1060	1060	school districts under this section in accordance with commissioner
1061	1061	rule.
1062	1062	(a-3) Notwithstanding Subsection (a-2), the maximum number
1063	1063	of students in average daily attendance statewide for whom an
1064	1064	allotment may be provided under Subsection (a-1) for a school year
1065	1065	is:
1066	1066	(1) for the 2024-2025 school year, 2,000 students;
1067	1067	(2) for the 2025-2026 school year, 4,500 students; and
1068	1068	(3) for the 2026-2027 school year, 7,000 students.
1069	1069	(a-4) Subsection (a-3) and this subsection expire September
1070	1070	1, 2027.
1071	1071	SECTION 3.09. Subchapter C, Chapter 48, Education Code, is
1072	1072	amended by adding Section 48.120 to read as follows:
1073	1073	Sec. 48.120. MILITARY TRANSITION AID. (a) A school
1074	1074	district is entitled to an annual allotment equal to the basic
1075	1075	allotment multiplied by 0.08 for each eligible student in average
1076	1076	daily attendance.
1077	1077	(b) A student is eligible for purposes of Subsection (a) if
1078	1078	the student:
1079	1079	(1) is a military-connected student, as defined by
1080	1080	Section 25.006; and
1081	1081	(2) is in the student's first year of enrollment in the
1082	1082	school district.
1083	1083	(c) Funds allocated under this section may be used only to
1084	1084	maintain a transition program that assists military families with
1085	1085	relocation, enrollment, registration, records transfer, academic
1086	1086	planning, counseling, and other support services available at a
1087	1087	Purple Star Campus, as described by Section 33.909.
1088	1088	SECTION 3.10. Section 48.257, Education Code, is amended by
1089	1089	amending Subsection (a) and adding Subsection (b-1) to read as
1090	1090	follows:
1091	1091	(a) Subject to Subsection (b) and except as provided by
1092	1092	Subsection (b-1), if a school district's tier one local share under
1093	1093	Section 48.256 exceeds the district's entitlement under Section
1094	1094	48.266(a)(1) less the district's distribution from the state
1095	1095	available school fund, the district must reduce the district's tier
1096	1096	one revenue level in accordance with Chapter 49 to a level not to
1097	1097	exceed the district's entitlement under Section 48.266(a)(1) less
1098	1098	the district's distribution from the state available school fund.
1099	1099	(b-1) This subsection applies only to a school district to
1100	1100	which Subsection (a) applies, that received an allotment under
1101	1101	Section 48.277 for the 2023-2024 school year, and that adopts a
1102	1102	maintenance and operations tax rate for the current school year
1103	1103	equal to or greater than the sum of the district's maximum
1104	1104	compressed tax rate, as determined under Section 48.2551, and four
1105	1105	cents. Notwithstanding Subsection (a), if, after reducing the tier
1106	1106	one revenue level of a school district to which this subsection
1107	1107	applies as required under Subsection (a), the maintenance and
1108	1108	operations revenue per student in average daily attendance of the
1109	1109	district for a school year would be less than the maintenance and
1110	1110	operations revenue per student in average daily attendance
1111	1111	available to the district for the 2023-2024 school year, excluding
1112	1112	any funding provided to the district under Sections 48.279 and
1113	1113	48.281, the agency shall adjust the amount of the reduction
1114	1114	required in the district's tier one revenue level under Subsection
1115	1115	(a) up to the amount of local funds necessary to provide the
1116	1116	district with the amount of maintenance and operations revenue per
1117	1117	student in average daily attendance available to the district for
1118	1118	the 2023-2024 school year.
1119	1119	SECTION 3.11. Subchapter F, Chapter 48, Education Code, is
1120	1120	amended by adding Section 48.286 to read as follows:
1121	1121	Sec. 48.286. REGIONAL DISASTER INSURANCE VARIATION
1122	1122	ALLOTMENT. (a) A school district is entitled to an annual
1123	1123	allotment for each student in average daily attendance equal to the
1124	1124	basic allotment, or, if applicable, the sum of the basic allotment
1125	1125	and the allotment under Section 48.101 to which the district is
1126	1126	entitled, multiplied by the product, if the product is greater than
1127	1127	zero, of the district's variation factor as determined under
1128	1128	Subsection (b) and 0.012.
1129	1129	(b) The commissioner shall determine a school district's
1130	1130	variation factor by:
1131	1131	(1) assigning each school district to the county in
1132	1132	which the district's central administrative office is located;
1133	1133	(2) determining the percentage spent on expenses
1134	1134	related to property and casualty insurance by calculating the
1135	1135	average of the quotient of property and casualty insurance expenses
1136	1136	incurred by all districts assigned to a county under Subdivision
1137	1137	(1) divided by total expenditures made by those districts for each
1138	1138	of the three most recent school years; and
1139	1139	(3) subtracting one percentage point from the
1140	1140	percentage determined under Subdivision (2).
1141	1141	(c) The commissioner shall use the variation factor
1142	1142	determined under Subsection (b) for the 2024-2025 school year for a
1143	1143	school district for purposes of determining a school district's
1144	1144	allotment under Subsection (a) for any subsequent school year.
1145	1145	SECTION 3.12. Sections 48.111(c), (c-1), and (c-2),
1146	1146	Education Code, are repealed.
1147	1147	SECTION 3.13. This article takes effect September 1, 2024.
1148	1148	ARTICLE 4. CHANGES RELATED TO PUBLIC SCHOOL FINANCE EFFECTIVE FOR
1149	1149	2025-2026 SCHOOL YEAR
1150	1150	SECTION 4.01. Section 12.106, Education Code, is amended by
1151	1151	amending Subsection (d) and adding Subsections (d-1) and (d-2) to
1152	1152	read as follows:
1153	1153	(d) Subject to Subsection (e), in addition to other amounts
1154	1154	provided by this section, a charter holder is entitled to receive,
1155	1155	for the open-enrollment charter school, funding per student in
1156	1156	average daily attendance in an amount equal to the guaranteed level
1157	1157	of state and local funds per student per cent of tax effort under
1158	1158	Section 46.032(a) multiplied by the lesser of:
1159	1159	(1) the state average interest and sinking fund tax
1160	1160	rate imposed by school districts for the current year; or
1161	1161	(2) a rate that would result in a total amount to which
1162	1162	charter schools are entitled under this subsection for the current
1163	1163	year equal to $300 [$60] million or a greater amount provided by
1164	1164	appropriation.
1165	1165	(d-1) Notwithstanding Subsection (d)(2), the total amount
1166	1166	that may be used to provide allotments under Subsection (d) may not
1167	1167	exceed:
1168	1168	(1) for the 2025-2026 school year, $108 million;
1169	1169	(2) for the 2026-2027 school year, $156 million;
1170	1170	(3) for the 2027-2028 school year, $204 million; and
1171	1171	(4) for the 2028-2029 school year, $252 million.
1172	1172	(d-2) Subsection (d-1) and this subsection expire September
1173	1173	1, 2030.
1174	1174	SECTION 4.02. Sections 21.3521(a), (c), and (e), Education
1175	1175	Code, are amended to read as follows:
1176	1176	(a) Subject to Subsection (b), a school district or
1177	1177	open-enrollment charter school may designate a classroom teacher as
1178	1178	a master, exemplary, [or] recognized, or acknowledged teacher for a
1179	1179	five-year period based on the results from single year or multiyear
1180	1180	appraisals that comply with Section 21.351 or 21.352.
1181	1181	(c) Notwithstanding performance standards established
1182	1182	under Subsection (b), a classroom teacher that holds a National
1183	1183	Board Certification issued by the National Board for Professional
1184	1184	Teaching Standards may be designated as nationally board certified
1185	1185	[recognized].
1186	1186	(e) The agency shall develop and provide technical
1187	1187	assistance for school districts and open-enrollment charter
1188	1188	schools that request assistance in implementing a local optional
1189	1189	teacher designation system, including:
1190	1190	(1) providing assistance in prioritizing high needs
1191	1191	campuses;
1192	1192	(2) providing examples or models of local optional
1193	1193	teacher designation systems to reduce the time required for a
1194	1194	district or school to implement a teacher designation system;
1195	1195	(3) establishing partnerships between districts and
1196	1196	schools that request assistance and districts and schools that have
1197	1197	implemented a teacher designation system;
1198	1198	(4) applying the performance and validity standards
1199	1199	established by the commissioner under Subsection (b);
1200	1200	(5) providing centralized support for the analysis of
1201	1201	the results of assessment instruments administered to district
1202	1202	students; and
1203	1203	(6) facilitating effective communication on and
1204	1204	promotion of local optional teacher designation systems.
1205	1205	SECTION 4.03. Section 29.042(a), Education Code, is amended
1206	1206	to read as follows:
1207	1207	(a) The agency by rule shall establish and administer a
1208	1208	parent-directed [supplemental special education services and
1209	1209	instructional materials] program for students receiving special
1210	1210	education services through which a parent may direct supplemental
1211	1211	services and supplemental instructional materials for the parent's
1212	1212	student [students] who meets [meet] the eligibility requirements
1213	1213	for participation in the program. Subject to Subsection (c), the
1214	1214	agency shall provide each student approved as provided by this
1215	1215	subchapter a grant in the amount provided under Section 48.306 [of
1216	1216	not more than $1,500] to purchase supplemental [special education]
1217	1217	services and supplemental [special education] instructional
1218	1218	materials. A student may receive one grant under this subchapter
1219	1219	unless the legislature appropriates money for an additional grant
1220	1220	in the General Appropriations Act.
1221	1221	SECTION 4.04. Sections 48.005(b), (e), and (f), Education
1222	1222	Code, are amended to read as follows:
1223	1223	(b) A school district that experiences a decline of more
1224	1224	than five [two] percent [or more] in average daily attendance shall
1225	1225	be funded on the basis of[:
1226	1226	[(1) the actual average daily attendance of the
1227	1227	preceding school year, if the decline is the result of the closing
1228	1228	or reduction in personnel of a military base; or
1229	1229	[(2) subject to Subsection (e),] an average daily
1230	1230	attendance of 95 [not to exceed 98] percent of the actual average
1231	1231	daily attendance of the preceding school year[, if the decline is
1232	1232	not the result of the closing or reduction in personnel of a
1233	1233	military base].
1234	1234	(e) For each school year, the commissioner shall adjust the
1235	1235	average daily attendance of school districts that are entitled to
1236	1236	funding on the basis of an adjusted average daily attendance under
1237	1237	Subsection (b) [(b)(2)] so that:
1238	1238	(1) all districts are funded on the basis of the same
1239	1239	percentage of the preceding year's actual average daily attendance;
1240	1240	and
1241	1241	(2) the total cost to the state does not exceed $50
1242	1242	million [the amount specifically appropriated for that year for
1243	1243	purposes of Subsection (b)(2)].
1244	1244	(f) An open-enrollment charter school is not entitled to
1245	1245	funding based on an adjustment under Subsection (b) [(b)(2)].
1246	1246	SECTION 4.05. Sections 48.0051(a), (b), and (d), Education
1247	1247	Code, are amended to read as follows:
1248	1248	(a) The [Subject to Subsection (a-1), the] commissioner
1249	1249	shall adjust the average daily attendance of a school district or
1250	1250	open-enrollment charter school under Section 48.005 in the manner
1251	1251	provided by Subsection (b) if the district or school:
1252	1252	(1) provides the minimum number of minutes of
1253	1253	operational and instructional time required under Section 25.081
1254	1254	and commissioner rules adopted under that section over at least 175
1255	1255	[180] days of instruction; and
1256	1256	(2) offers an additional 30 days of half-day
1257	1257	instruction for students enrolled in prekindergarten through fifth
1258	1258	grade.
1259	1259	(b) For a school district or open-enrollment charter school
1260	1260	described by Subsection (a), the commissioner shall increase the
1261	1261	average daily attendance of the district or school under Section
1262	1262	48.005 by the amount that results from the quotient of the sum of
1263	1263	attendance by students described by Subsection (a)(2) for each of
1264	1264	the 30 additional instructional days of half-day instruction that
1265	1265	are provided divided by 175 [180].
1266	1266	(d) This section does not prohibit a school district from
1267	1267	providing the minimum number of minutes of operational and
1268	1268	instructional time required under Section 25.081 and commissioner
1269	1269	rules adopted under that section over fewer than 175 [180] days of
1270	1270	instruction.
1271	1271	SECTION 4.06. Effective September 1, 2026, Section 48.051,
1272	1272	Education Code, is amended by adding Subsection (a-1) to read as
1273	1273	follows:
1274	1274	(a-1) Notwithstanding Subsection (a), for the second year
1275	1275	of each state fiscal biennium, the commissioner shall adjust the
1276	1276	value of "B" under that subsection for the preceding state fiscal
1277	1277	year by a factor equal to the average annual percentage increase, if
1278	1278	any, in the Texas Consumer Price Index for the preceding 10 years.
1279	1279	SECTION 4.07. Section 48.102, Education Code, is amended to
1280	1280	read as follows:
1281	1281	Sec. 48.102. SPECIAL EDUCATION. (a) For each enrolled
1282	1282	student [in average daily attendance] in a special education
1283	1283	program under Subchapter A, Chapter 29, [in a mainstream
1284	1284	instructional arrangement,] a school district is entitled to an
1285	1285	annual allotment equal to the basic allotment, or, if applicable,
1286	1286	the sum of the basic allotment and the allotment under Section
1287	1287	48.101 to which the district is entitled, multiplied by a weight in
1288	1288	an amount set by the legislature in the General Appropriations Act
1289	1289	for the highest tier of intensity of service for which the student
1290	1290	qualifies [1.15]. [For each full-time equivalent student in
1291	1291	average daily attendance in a special education program under
1292	1292	Subchapter A, Chapter 29, in an instructional arrangement other
1293	1293	than a mainstream instructional arrangement, a district is entitled
1294	1294	to an annual allotment equal to the basic allotment, or, if
1295	1295	applicable, the sum of the basic allotment and the allotment under
1296	1296	Section 48.101 to which the district is entitled, multiplied by a
1297	1297	weight determined according to instructional arrangement as
1298	1298	follows:
1299	1299	[Homebound 5.0
1300	1300	[Hospital class 3.0
1301	1301	[Speech therapy 5.0
1302	1302	[Resource room 3.0
1303	1303	[Self-contained, mild and moderate,
1304	1304	regular campus 3.0
1305	1305	[Self-contained, severe, regular campus 3.0
1306	1306	[Off home campus 2.7
1307	1307	[Nonpublic day school 1.7
1308	1308	[Vocational adjustment class 2.3]
1309	1309	(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
1310	1310	2026-2027 school years, the amount of an allotment under this
1311	1311	section shall be determined in accordance with Section 48.1023.
1312	1312	This subsection expires September 1, 2027.
1313	1313	(b) The commissioner by rule shall define seven tiers of
1314	1314	intensity of service for use in determining funding under this
1315	1315	section. The commissioner must include one tier specifically
1316	1316	addressing students receiving special education services in
1317	1317	residential placement [A special instructional arrangement for
1318	1318	students with disabilities residing in care and treatment
1319	1319	facilities, other than state schools, whose parents or guardians do
1320	1320	not reside in the district providing education services shall be
1321	1321	established by commissioner rule. The funding weight for this
1322	1322	arrangement shall be 4.0 for those students who receive their
1323	1323	education service on a local school district campus. A special
1324	1324	instructional arrangement for students with disabilities residing
1325	1325	in state schools shall be established by commissioner rule with a
1326	1326	funding weight of 2.8].
1327	1327	(c) [For funding purposes, the number of contact hours
1328	1328	credited per day for each student in the off home campus
1329	1329	instructional arrangement may not exceed the contact hours credited
1330	1330	per day for the multidistrict class instructional arrangement in
1331	1331	the 1992-1993 school year.
1332	1332	[(d) For funding purposes the contact hours credited per day
1333	1333	for each student in the resource room; self-contained, mild and
1334	1334	moderate; and self-contained, severe, instructional arrangements
1335	1335	may not exceed the average of the statewide total contact hours
1336	1336	credited per day for those three instructional arrangements in the
1337	1337	1992-1993 school year.
1338	1338	[(e) The commissioner by rule shall prescribe the
1339	1339	qualifications an instructional arrangement must meet in order to
1340	1340	be funded as a particular instructional arrangement under this
1341	1341	section. In prescribing the qualifications that a mainstream
1342	1342	instructional arrangement must meet, the commissioner shall
1343	1343	establish requirements that students with disabilities and their
1344	1344	teachers receive the direct, indirect, and support services that
1345	1345	are necessary to enrich the regular classroom and enable student
1346	1346	success.
1347	1347	[(f) In this section, "full-time equivalent student" means
1348	1348	30 hours of contact a week between a special education student and
1349	1349	special education program personnel.
1350	1350	[(g)] The commissioner shall adopt rules and procedures
1351	1351	governing contracts for residential and day program placement of
1352	1352	[special education] students receiving special education services.
1353	1353	(d) [The legislature shall provide by appropriation for the
1354	1354	state's share of the costs of those placements.
1355	1355	[(h)] At least 55 percent of the funds allocated under this
1356	1356	section must be used in the special education program under
1357	1357	Subchapter A, Chapter 29.
1358	1358	(e) [(i)] The agency shall ensure [encourage] the placement
1359	1359	of students in special education programs, including students in
1360	1360	residential placement [instructional arrangements], in the least
1361	1361	restrictive environment appropriate for their educational needs.
1362	1362	(f) [(j)] A school district that provides an extended year
1363	1363	program required by federal law for special education students who
1364	1364	may regress is entitled to receive funds in an amount equal to 75
1365	1365	percent, or a lesser percentage determined by the commissioner, of
1366	1366	the basic allotment, or, if applicable, the sum of the basic
1367	1367	allotment and the allotment under Section 48.101 to which the
1368	1368	district is entitled for each [full-time equivalent] student in
1369	1369	average enrollment [daily attendance], multiplied by the amount
1370	1370	designated for the highest tier of intensity of service for which
1371	1371	the student qualifies [student's instructional arrangement] under
1372	1372	this section, for each day the program is provided divided by the
1373	1373	number of days in the minimum school year. The total amount of
1374	1374	state funding for extended year services under this section may not
1375	1375	exceed $10 million per year. A school district may use funds
1376	1376	received under this section only in providing an extended year
1377	1377	program.
1378	1378	(g) [(k)] From the total amount of funds appropriated for
1379	1379	special education under this section, the commissioner shall
1380	1380	withhold an amount specified in the General Appropriations Act, and
1381	1381	distribute that amount to school districts for programs under
1382	1382	Section 29.014. The program established under that section is
1383	1383	required only in school districts in which the program is financed
1384	1384	by funds distributed under this subsection and any other funds
1385	1385	available for the program. After deducting the amount withheld
1386	1386	under this subsection from the total amount appropriated for
1387	1387	special education, the commissioner shall reduce each district's
1388	1388	allotment proportionately and shall allocate funds to each district
1389	1389	accordingly.
1390	1390	(h) Not later than December 1 of each even-numbered year,
1391	1391	the commissioner shall submit to the Legislative Budget Board, for
1392	1392	purposes of the allotment under this section, proposed weights for
1393	1393	the tiers of intensity of service for the next state fiscal
1394	1394	biennium.
1395	1395	SECTION 4.08. Subchapter C, Chapter 48, Education Code, is
1396	1396	amended by adding Sections 48.1021 and 48.1023 to read as follows:
1397	1397	Sec. 48.1021. SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.
1398	1398	(a) For each six-week period in which a student in a special
1399	1399	education program under Subchapter A, Chapter 29, receives eligible
1400	1400	special education services, a school district is entitled to an
1401	1401	allotment in an amount set by the legislature in the General
1402	1402	Appropriations Act for the service group for which the student is
1403	1403	eligible.
1404	1404	(a-1) Notwithstanding Subsection (a), for the 2025-2026 and
1405	1405	2026-2027 school years, the amount of an allotment under this
1406	1406	section shall be determined in accordance with Section 48.1023.
1407	1407	This subsection expires September 1, 2027.
1408	1408	(b) The commissioner by rule shall establish four service
1409	1409	groups for use in determining funding under this section. In
1410	1410	establishing the groups, the commissioner must consider the level
1411	1411	of services, equipment, and technology required to meet the needs
1412	1412	of students receiving special education services.
1413	1413	(c) A school district is entitled to receive an allotment
1414	1414	under this section for each service group for which a student is
1415	1415	eligible.
1416	1416	(d) A school district is entitled to the full amount of an
1417	1417	allotment under this section for a student receiving eligible
1418	1418	special education services during any part of a six-week period.
1419	1419	(e) At least 55 percent of the funds allocated under this
1420	1420	section must be used for a special education program under
1421	1421	Subchapter A, Chapter 29.
1422	1422	(f) Not later than December 1 of each even-numbered year,
1423	1423	the commissioner shall submit to the Legislative Budget Board, for
1424	1424	purposes of the allotment under this section, proposed amounts of
1425	1425	funding for the service groups for the next state fiscal biennium.
1426	1426	Sec. 48.1023. SPECIAL EDUCATION TRANSITION FUNDING. (a)
1427	1427	For the 2025-2026 and 2026-2027 school years, the commissioner may
1428	1428	adjust weights or amounts provided under Section 48.102 or 48.1021
1429	1429	as necessary to ensure compliance with requirements regarding
1430	1430	maintenance of state financial support under 20 U.S.C. Section
1431	1431	1412(a)(18) and maintenance of local financial support under
1432	1432	applicable federal law.
1433	1433	(b) For the 2025-2026 and 2026-2027 school years, the
1434	1434	commissioner shall determine the formulas through which school
1435	1435	districts receive funding under Sections 48.102 and 48.1021. In
1436	1436	determining the formulas, the commissioner may combine the methods
1437	1437	of funding under those sections with the method of funding provided
1438	1438	by Section 48.102, as it existed on September 1, 2024.
1439	1439	(c) For the 2027-2028 school year, the commissioner may
1440	1440	adjust the weights or amounts set by the legislature in the General
1441	1441	Appropriations Act for purposes of Section 48.102 or 48.1021.
1442	1442	Before making an adjustment under this subsection, the commissioner
1443	1443	shall notify and must receive approval from the Legislative Budget
1444	1444	Board.
1445	1445	(d) Notwithstanding any other provision of this section,
1446	1446	the sum of funding provided under Sections 48.102 and 48.1021 for
1447	1447	the 2025-2026 or for the 2026-2027 school year as adjusted under
1448	1448	this section may not exceed the sum of:
1449	1449	(1) funding that would have been provided under
1450	1450	Section 48.102, as it existed on September 1, 2024; and
1451	1451	(2) the amount set by the legislature in the General
1452	1452	Appropriations Act.
1453	1453	(e) Each school district and open-enrollment charter school
1454	1454	shall report to the agency information necessary to implement this
1455	1455	section.
1456	1456	(f) The agency shall provide technical assistance to school
1457	1457	districts and open-enrollment charter schools to ensure a
1458	1458	successful transition in funding formulas for special education.
1459	1459	(g) This section expires September 1, 2029.
1460	1460	SECTION 4.09. Section 48.103(c), Education Code, is amended
1461	1461	to read as follows:
1462	1462	(c) A school district may receive funding for a student
1463	1463	under each provision of this section, [and] Section 48.102, and
1464	1464	Section 48.1021 for which [if] the student qualifies [satisfies the
1465	1465	requirements of both sections].
1466	1466	SECTION 4.10. Section 48.106(a-1), Education Code, is
1467	1467	amended to read as follows:
1468	1468	(a-1) In addition to the amounts under Subsection (a), for
1469	1469	each student in average daily attendance, a district is entitled to
1470	1470	$150 [$50] for each of the following in which the student is
1471	1471	enrolled:
1472	1472	(1) a campus designated as a P-TECH school under
1473	1473	Section 29.556; or
1474	1474	(2) a campus that is a member of the New Tech Network
1475	1475	and that focuses on project-based learning and work-based
1476	1476	education.
1477	1477	SECTION 4.11. Section 48.108(a), Education Code, is amended
1478	1478	to read as follows:
1479	1479	(a) For each student in average daily attendance in
1480	1480	prekindergarten [kindergarten] through third grade, a school
1481	1481	district is entitled to an annual allotment equal to the basic
1482	1482	allotment multiplied by 0.1 if the student is:
1483	1483	(1) educationally disadvantaged; or
1484	1484	(2) an emergent bilingual student, as defined by
1485	1485	Section 29.052, and is in a bilingual education or special language
1486	1486	program under Subchapter B, Chapter 29.
1487	1487	SECTION 4.12. Sections 48.112(c) and (d), Education Code,
1488	1488	are amended to read as follows:
1489	1489	(c) For each classroom teacher with a teacher designation
1490	1490	under Section 21.3521 employed by a school district, the school
1491	1491	district is entitled to an allotment equal to the following
1492	1492	applicable base amount increased by the high needs and rural factor
1493	1493	as determined under Subsection (d):
1494	1494	(1) $12,000, or an increased amount not to exceed
1495	1495	$36,000 [$32,000] as determined under Subsection (d), for each
1496	1496	master teacher;
1497	1497	(2) $9,000 [$6,000], or an increased amount not to
1498	1498	exceed $25,000 [$18,000] as determined under Subsection (d), for
1499	1499	each exemplary teacher; [and]
1500	1500	(3) $5,000 [$3,000], or an increased amount not to
1501	1501	exceed $15,000 [$9,000] as determined under Subsection (d), for
1502	1502	each recognized teacher; and
1503	1503	(4) $3,000, or an increased amount not to exceed
1504	1504	$9,000 as determined under Subsection (d), for each:
1505	1505	(A) acknowledged teacher; or
1506	1506	(B) teacher designated as nationally board
1507	1507	certified.
1508	1508	(d) The high needs and rural factor is determined by
1509	1509	multiplying the following applicable amounts by the average of the
1510	1510	point value assigned to each student at a district campus under
1511	1511	Subsection (e):
1512	1512	(1) $6,000 [$5,000] for each master teacher;
1513	1513	(2) $4,000 [$3,000] for each exemplary teacher; [and]
1514	1514	(3) $2,500 [$1,500] for each recognized teacher; and
1515	1515	(4) $1,500 for each:
1516	1516	(A) acknowledged teacher; or
1517	1517	(B) teacher designated as nationally board
1518	1518	certified.
1519	1519	SECTION 4.13. Section 48.114, Education Code, is amended by
1520	1520	amending Subsection (a) and adding Subsection (d) to read as
1521	1521	follows:
1522	1522	(a) A school district [that has implemented a mentoring
1523	1523	program for classroom teachers who have less than two years of
1524	1524	teaching experience under Section 21.458] is entitled to an
1525	1525	allotment [as determined under Subsection (b)] to fund a [the]
1526	1526	mentoring program and to provide stipends for mentor teachers if:
1527	1527	(1) the district has implemented a mentoring program
1528	1528	for classroom teachers under Section 21.458; and
1529	1529	(2) the mentor teachers assigned under that program
1530	1530	complete a training program that is required or developed by the
1531	1531	agency for mentor teachers.
1532	1532	(d) A school district is entitled to an allotment of $2,000
1533	1533	for each classroom teacher with less than two years of experience
1534	1534	who participates in a mentoring program described by Subsection
1535	1535	(a). A district may receive an allotment under this section for no
1536	1536	more than 40 teachers during a school year unless an appropriation
1537	1537	is made for the purposes of providing a greater number of allotments
1538	1538	per district.
1539	1539	SECTION 4.14. Section 48.118(f), Education Code, is amended
1540	1540	to read as follows:
1541	1541	(f) The total amount of state funding for allotments and
1542	1542	outcomes bonuses under this section may not exceed $5 million per
1543	1543	year unless money is specifically appropriated for the purpose of
1544	1544	this section and designated as money in excess of the $5 million
1545	1545	permitted under this subsection. If the total amount of allotments
1546	1546	and outcomes bonuses to which school districts are entitled under
1547	1547	this section exceeds the amount permitted under this subsection,
1548	1548	the agency shall allocate state funding to districts under this
1549	1549	section in the following order:
1550	1550	(1) allotments under Subsection (a) for which school
1551	1551	districts participating in partnerships prioritized under Section
1552	1552	29.912(h) are eligible;
1553	1553	(2) allotments under Subsection (a) for which school
1554	1554	districts that entered into a memorandum of understanding or letter
1555	1555	of commitment regarding a multidistrict pathway partnership, as
1556	1556	defined by commissioner rule, before May 1, 2023, are eligible;
1557	1557	(3) allotments under Subsection (a) for which school
1558	1558	districts that have entered into a performance agreement under
1559	1559	Section 29.912 with a coordinating entity that is an institution of
1560	1560	higher education, as defined by Section 61.003, are eligible;
1561	1561	(4) allotments under Subsection (a) for which school
1562	1562	districts with the highest percentage of students who are
1563	1563	educationally disadvantaged, in descending order, are eligible;
1564	1564	and
1565	1565	(5) outcomes bonuses under Subsection (c) for which
1566	1566	school districts with the highest percentage of students who are
1567	1567	educationally disadvantaged, in descending order, are eligible.
1568	1568	SECTION 4.15. Section 48.151(g), Education Code, is amended
1569	1569	to read as follows:
1570	1570	(g) A school district or county that provides special
1571	1571	transportation services for eligible special education students is
1572	1572	entitled to a state allocation at a [paid on a previous year's
1573	1573	cost-per-mile basis. The] rate of $1.75 per mile or a greater
1574	1574	amount provided [allowable shall be set] by appropriation [based on
1575	1575	data gathered from the first year of each preceding biennium].
1576	1576	Districts may use a portion of their support allocation to pay
1577	1577	transportation costs, if necessary. The commissioner may grant an
1578	1578	amount set by appropriation for private transportation to reimburse
1579	1579	parents or their agents for transporting eligible special education
1580	1580	students. The mileage allowed shall be computed along the shortest
1581	1581	public road from the student's home to school and back, morning and
1582	1582	afternoon. The need for this type of transportation shall be
1583	1583	determined on an individual basis and shall be approved only in
1584	1584	extreme hardship cases.
1585	1585	SECTION 4.16. Subchapter D, Chapter 48, Education Code, is
1586	1586	amended by adding Sections 48.160 and 48.161 to read as follows:
1587	1587	Sec. 48.160. ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS
1588	1588	AND CERTAIN PROGRAMS OF STUDY. (a) A school district is eligible
1589	1589	to receive an allotment under this section if the district offers
1590	1590	through in-person instruction, remote instruction, or a hybrid of
1591	1591	in-person and remote instruction:
1592	1592	(1) an advanced mathematics pathway that begins with
1593	1593	Algebra I in grade eight and continues through progressively more
1594	1594	advanced mathematics courses in each grade from grade 9 through 12;
1595	1595	(2) a program of study in:
1596	1596	(A) computer programming and software
1597	1597	development; or
1598	1598	(B) cybersecurity; and
1599	1599	(3) a program of study in a specialized skilled trade,
1600	1600	such as:
1601	1601	(A) plumbing and pipefitting;
1602	1602	(B) electrical;
1603	1603	(C) welding;
1604	1604	(D) diesel and heavy equipment;
1605	1605	(E) aviation maintenance; or
1606	1606	(F) applied agricultural engineering.
1607	1607	(b) Notwithstanding Subsection (a), a school district is
1608	1608	eligible for the allotment under this section for students in
1609	1609	average daily attendance in a high school in the district that does
1610	1610	not offer a program of study described by Subsection (a)(2) or (3)
1611	1611	if:
1612	1612	(1) high school students who reside in the attendance
1613	1613	zone of the high school may participate in the program of study by
1614	1614	enrolling in another high school:
1615	1615	(A) that:
1616	1616	(i) is in the same district or a neighboring
1617	1617	school district;
1618	1618	(ii) was assigned the same or a better
1619	1619	campus overall performance rating under Section 39.054 as the high
1620	1620	school in whose attendance zone the students reside; and
1621	1621	(iii) offers the program of study; and
1622	1622	(B) to and from which transportation is provided
1623	1623	for those students; or
1624	1624	(2) students in average daily attendance in the high
1625	1625	school:
1626	1626	(A) are offered instruction for the program of
1627	1627	study at another location, such as another high school in the same
1628	1628	district or a neighboring school district; and
1629	1629	(B) receive transportation to and from the
1630	1630	location described by Paragraph (A).
1631	1631	(c) An eligible school district is entitled to an annual
1632	1632	allotment of $10 for each student in average daily attendance at a
1633	1633	high school in the district that offers a pathway or program of
1634	1634	study from each subdivision described by Subsection (a) if:
1635	1635	(1) each student in average daily attendance at the
1636	1636	high school takes a progressively more advanced mathematics course
1637	1637	each year of enrollment; and
1638	1638	(2) for each of those pathways or programs of study, at
1639	1639	least one student in average daily attendance at the high school
1640	1640	completes a course in the pathway or program of study.
1641	1641	(d) A school district that receives an allotment under
1642	1642	Subsection (c) and Section 48.101 is entitled to receive an
1643	1643	additional allotment in an amount equal to the product of 0.1 and
1644	1644	the allotment to which the district is entitled under Section
1645	1645	48.101 for each student for which the district receives an
1646	1646	allotment under Subsection (c). An open-enrollment charter school
1647	1647	is not eligible for an allotment under this subsection.
1648	1648	(e) The commissioner by rule may establish requirements to
1649	1649	ensure students in average daily attendance in a high school to
1650	1650	which Subsection (b) applies have meaningful access to the programs
1651	1651	of study described by Subsections (a)(2) and (3).
1652	1652	(f) The agency may reduce the amount of a school district's
1653	1653	allotment under this section if the agency determines that the
1654	1654	district has not complied with any provision of this section.
1655	1655	Sec. 48.161. COMMUNITIES IN SCHOOLS EXPANSION
1656	1656	ALLOTMENT. (a) A school district is eligible to receive an
1657	1657	annual allotment of $50,000 for each campus in the district that
1658	1658	participates in the Communities In Schools program under Subchapter
1659	1659	E, Chapter 33.
1660	1660	(b) The commissioner by rule may establish requirements for
1661	1661	the use of an allotment under this section by a school district to
1662	1662	ensure that the allotment is used to establish or expand a
1663	1663	Communities In Schools program on a district campus.
1664	1664	(c) The amount appropriated for allotments under this
1665	1665	section may not exceed $50 million in a school year. If the total
1666	1666	amount of allotments to which districts are entitled under this
1667	1667	section for a school year exceeds the amount appropriated under
1668	1668	this subsection, the commissioner shall proportionately reduce
1669	1669	each district's allotment under this section.
1670	1670	(d) The commissioner may reduce the amount of a school
1671	1671	district's allotment under this section if the commissioner
1672	1672	determines that the district has not complied with any provision of
1673	1673	this section.
1674	1674	SECTION 4.17. Section 48.202(a-1), Education Code, is
1675	1675	amended to read as follows:
1676	1676	(a-1) For purposes of Subsection (a), the dollar amount
1677	1677	guaranteed level of state and local funds per weighted student per
1678	1678	cent of tax effort ("GL") for a school district is:
1679	1679	(1) the greater of the amount of district tax revenue
1680	1680	per weighted student per cent of tax effort available to a school
1681	1681	district at the 96th percentile of wealth per weighted student or
1682	1682	the amount that results from multiplying the maximum amount of the
1683	1683	basic allotment provided under Section 48.051 for the applicable
1684	1684	school year [6,160, or the greater amount provided under Section
1685	1685	48.051(b), if applicable,] by 0.016, for the first eight cents by
1686	1686	which the district's maintenance and operations tax rate exceeds
1687	1687	the district's tier one tax rate; and
1688	1688	(2) subject to Subsection (f), the amount that results
1689	1689	from multiplying the maximum amount of the basic allotment provided
1690	1690	under Section 48.051 for the applicable school year [$6,160, or the
1691	1691	greater amount provided under Section 48.051(b), if applicable,] by
1692	1692	0.008, for the district's maintenance and operations tax effort
1693	1693	that exceeds the amount of tax effort described by Subdivision (1).
1694	1694	SECTION 4.18. Subchapter G, Chapter 48, Education Code, is
1695	1695	amended by adding Sections 48.304 and 48.306 to read as follows:
1696	1696	Sec. 48.304. DAY PLACEMENT PROGRAM FUNDING. (a) For each
1697	1697	qualifying day placement program that a regional education service
1698	1698	center makes available in partnership with a school district,
1699	1699	open-enrollment charter school, or shared services arrangement,
1700	1700	the center is entitled to an allotment of:
1701	1701	(1) $250,000 for the first year of the program's
1702	1702	operation; and
1703	1703	(2) $150,000 for each year of the program's operation
1704	1704	after the first year.
1705	1705	(b) A day placement program qualifies for purposes of
1706	1706	Subsection (a) if:
1707	1707	(1) the program complies with commissioner rules
1708	1708	adopted under Section 48.102(c);
1709	1709	(2) the program offers services to students who are
1710	1710	enrolled at any school district or open-enrollment charter school
1711	1711	in the county in which the program is offered, unless the
1712	1712	commissioner by rule waives or modifies the requirement under this
1713	1713	subdivision for the program to serve all students in a county; and
1714	1714	(3) the agency has designated the program for service
1715	1715	in the county in which the program is offered and determined that,
1716	1716	at the time of designation, the program increases the availability
1717	1717	of day placement services in the county.
1718	1718	Sec. 48.306. PARENT-DIRECTED SERVICES FOR STUDENTS
1719	1719	RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom
1720	1720	the agency awards a grant under Subchapter A-1, Chapter 29, is
1721	1721	entitled to receive an amount of $1,500 or a greater amount provided
1722	1722	by appropriation.
1723	1723	(b) The legislature shall include in the appropriations for
1724	1724	the Foundation School Program state aid sufficient for the agency
1725	1725	to award grants under Subchapter A-1, Chapter 29, in the amount
1726	1726	provided by this section.
1727	1727	(c) A student may receive one grant under Subchapter A-1,
1728	1728	Chapter 29, unless the legislature appropriates money for an
1729	1729	additional grant in the General Appropriations Act.
1730	1730	(d) A determination of the commissioner under this section
1731	1731	is final and may not be appealed.
1732	1732	SECTION 4.19. Immediately following the effective date of
1733	1733	this article, a school district or open-enrollment charter school
1734	1734	shall redesignate a teacher who holds a designation made under
1735	1735	Section 21.3521, Education Code, before the effective date of this
1736	1736	article, to reflect the teacher's designation under Section
1737	1737	21.3521, Education Code, as amended by this article. Funding
1738	1738	provided to a school district under Section 48.112, Education Code,
1739	1739	for a teacher who held a designation made under Section 21.3521,
1740	1740	Education Code, as that section existed immediately before the
1741	1741	effective date of this article, shall be increased to reflect the
1742	1742	teacher's redesignation under Section 21.3521, Education Code, as
1743	1743	amended by this article.
1744	1744	SECTION 4.20. Section 48.114(b), Education Code, is
1745	1745	repealed.
1746	1746	SECTION 4.21. Except as otherwise provided by this article,
1747	1747	this article takes effect September 1, 2025.
1748	1748	ARTICLE 5. CHANGES RELATED TO SPECIAL EDUCATION EFFECTIVE FOR
1749	1749	2024-2025 SCHOOL YEAR
1750	1750	SECTION 5.01. Section 29.001, Education Code, is amended to
1751	1751	read as follows:
1752	1752	Sec. 29.001. IMPLEMENTATION OF SPECIAL EDUCATION
1753	1753	LAW [STATEWIDE PLAN]. (a) As the state education agency
1754	1754	responsible for carrying out the purposes of Part B, Individuals
1755	1755	with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et
1756	1756	seq.), the [The] agency shall develop, and revise [modify] as
1757	1757	necessary, a comprehensive system to ensure statewide and local
1758	1758	compliance [design, consistent] with federal and state law related
1759	1759	to special education[, for the delivery of services to children
1760	1760	with disabilities in this state that includes rules for the
1761	1761	administration and funding of the special education program so that
1762	1762	a free appropriate public education is available to all of those
1763	1763	children between the ages of three and 21].
1764	1764	(b) The comprehensive system [statewide design] shall
1765	1765	include the provision of services primarily through school
1766	1766	districts and shared services arrangements, supplemented by
1767	1767	regional education service centers.
1768	1768	(c) The comprehensive system [agency] shall focus on
1769	1769	maximizing student outcomes and include [also develop and implement
1770	1770	a statewide plan with programmatic content that includes procedures
1771	1771	designed to]:
1772	1772	(1) rulemaking, technical assistance, guidance
1773	1773	documents, monitoring protocols, and other resources as necessary
1774	1774	to implement and ensure compliance with federal and state law
1775	1775	related to special education [ensure state compliance with
1776	1776	requirements for supplemental federal funding for all
1777	1777	state-administered programs involving the delivery of
1778	1778	instructional or related services to students with disabilities];
1779	1779	(2) the facilitation of [facilitate] interagency
1780	1780	coordination when other state agencies are involved in the delivery
1781	1781	of instructional or related services to students with disabilities;
1782	1782	(3) the pursuit of [periodically assess statewide
1783	1783	personnel needs in all areas of specialization related to special
1784	1784	education and pursue] strategies to meet statewide special
1785	1785	education and related services personnel [those] needs [through a
1786	1786	consortium of representatives from regional education service
1787	1787	centers, local education agencies, and institutions of higher
1788	1788	education and through other available alternatives];
1789	1789	(4) ensuring [ensure] that regional education service
1790	1790	centers throughout the state maintain a regional support function,
1791	1791	which may include direct service delivery and a component designed
1792	1792	to facilitate the placement of students with disabilities who
1793	1793	cannot be appropriately served in their resident districts;
1794	1794	(5) [allow the agency to] effectively monitoring
1795	1795	[monitor] and periodically conducting [conduct] site visits of all
1796	1796	school districts to ensure that rules adopted under this subchapter
1797	1797	[section] are applied in a consistent and uniform manner, to ensure
1798	1798	that districts are complying with those rules, and to ensure that
1799	1799	annual statistical reports filed by the districts and not otherwise
1800	1800	available through the Public Education Information Management
1801	1801	System under Sections 48.008 and 48.009 are accurate and complete;
1802	1802	and
1803	1803	(6) the provision of training and technical assistance
1804	1804	to ensure that:
1805	1805	(A) appropriately trained personnel are involved
1806	1806	in the diagnostic and evaluative procedures operating in all
1807	1807	districts and that those personnel routinely serve on district
1808	1808	admissions, review, and dismissal committees;
1809	1809	(B) [(7) ensure that] an individualized
1810	1810	education program for each student with a disability is properly
1811	1811	developed, implemented, and maintained in the least restrictive
1812	1812	environment that is appropriate to meet the student's educational
1813	1813	needs;
1814	1814	(C) [(8) ensure that,] when appropriate, each
1815	1815	student with a disability is provided an opportunity to participate
1816	1816	in career and technology and physical education classes[, in
1817	1817	addition to participating in regular or special classes];
1818	1818	(D) [(9) ensure that] each student with a
1819	1819	disability is provided necessary related services;
1820	1820	(E) [(10) ensure that] an individual assigned
1821	1821	to act as a surrogate parent for a child with a disability, as
1822	1822	provided by 20 U.S.C. Section 1415(b), is required to:
1823	1823	(i) [(A)] complete a training program that
1824	1824	complies with minimum standards established by agency rule;
1825	1825	(ii) [(B)] visit the child and the child's
1826	1826	school;
1827	1827	(iii) [(C)] consult with persons involved
1828	1828	in the child's education, including teachers, caseworkers,
1829	1829	court-appointed volunteers, guardians ad litem, attorneys ad
1830	1830	litem, foster parents, and caretakers;
1831	1831	(iv) [(D)] review the child's educational
1832	1832	records;
1833	1833	(v) [(E)] attend meetings of the child's
1834	1834	admission, review, and dismissal committee;
1835	1835	(vi) [(F)] exercise independent judgment
1836	1836	in pursuing the child's interests; and
1837	1837	(vii) [(G)] exercise the child's due
1838	1838	process rights under applicable state and federal law; and
1839	1839	(F) [(11) ensure that] each district develops a
1840	1840	process to be used by a teacher who instructs a student with a
1841	1841	disability in a regular classroom setting:
1842	1842	(i) [(A)] to request a review of the
1843	1843	student's individualized education program;
1844	1844	(ii) [(B)] to provide input in the
1845	1845	development of the student's individualized education program;
1846	1846	(iii) [(C)] that provides for a timely
1847	1847	district response to the teacher's request; and
1848	1848	(iv) [(D)] that provides for notification
1849	1849	to the student's parent or legal guardian of that response.
1850	1850	SECTION 5.02. Subchapter A, Chapter 29, Education Code, is
1851	1851	amended by adding Section 29.0012 to read as follows:
1852	1852	Sec. 29.0012. ANNUAL MEETING ON SPECIAL EDUCATION. (a) At
1853	1853	least once each year, the board of trustees of a school district or
1854	1854	the governing body of an open-enrollment charter school shall
1855	1855	include during a public meeting a discussion of the performance of
1856	1856	students receiving special education services at the district or
1857	1857	school.
1858	1858	(b) The agency by rule shall adopt a set of performance
1859	1859	indicators for measuring and evaluating the quality of learning and
1860	1860	achievement for students receiving special education services at
1861	1861	the school district or open-enrollment charter school to be
1862	1862	considered at a meeting held under this section. The indicators
1863	1863	must include performance on the college, career, or military
1864	1864	readiness outcomes described by Section 48.110.
1865	1865	SECTION 5.03. Section 29.003, Education Code, is amended to
1866	1866	read as follows:
1867	1867	Sec. 29.003. ELIGIBILITY CRITERIA. (a) The agency shall
1868	1868	develop specific eligibility criteria based on the general
1869	1869	classifications established by this section and in accordance with
1870	1870	federal law [with reference to contemporary diagnostic or
1871	1871	evaluative terminologies and techniques]. Eligible students with
1872	1872	disabilities shall enjoy the right to a free appropriate public
1873	1873	education, which may include instruction in the regular classroom,
1874	1874	instruction through special teaching, or instruction through
1875	1875	contracts approved under this subchapter. Instruction shall be
1876	1876	supplemented by the provision of related services when appropriate.
1877	1877	(b) A student is eligible to participate in a school
1878	1878	district's special education program [if the student]:
1879	1879	(1) from birth through [is not more than] 21 years of
1880	1880	age if the student [and] has a visual [or auditory] impairment or is
1881	1881	deaf or hard of hearing and that disability prevents the student
1882	1882	from being adequately or safely educated in public school without
1883	1883	the provision of special education services; [or]
1884	1884	(2) from three years of age through five years of age
1885	1885	if the student is experiencing developmental delays as described by
1886	1886	20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
1887	1887	(3) from 3 years of age through [is at least three but
1888	1888	not more than] 21 years of age if the student [and] has one or more
1889	1889	of the [following] disabilities described by 20 U.S.C. Section
1890	1890	1401(3)(A) and that disability prevents the student from being
1891	1891	adequately or safely educated in public school without the
1892	1892	provision of special education services[:
1893	1893	[(A) physical disability;
1894	1894	[(B) intellectual or developmental disability;
1895	1895	[(C) emotional disturbance;
1896	1896	[(D) learning disability;
1897	1897	[(E) autism;
1898	1898	[(F) speech disability; or
1899	1899	[(G) traumatic brain injury].
1900	1900	SECTION 5.04. Subchapter A, Chapter 29, Education Code, is
1901	1901	amended by adding Section 29.0056 to read as follows:
1902	1902	Sec. 29.0056. INFORMATION REGARDING STATE SUPPORTED LIVING
1903	1903	CENTERS. (a) In this section, "state supported living center" has
1904	1904	the meaning assigned by Section 531.002, Health and Safety Code.
1905	1905	(b) The Health and Human Services Commission, in
1906	1906	collaboration with the agency and stakeholders who represent the
1907	1907	full continuum of educational residential placement options, shall
1908	1908	develop and provide to the agency materials regarding educational
1909	1909	residential placement options for children who may qualify for
1910	1910	placement in a state supported living center. The agency shall make
1911	1911	the materials developed under this subsection available to school
1912	1912	districts.
1913	1913	(c) At a meeting of a child's admission, review, and
1914	1914	dismissal committee at which residential placement is discussed,
1915	1915	the school district shall provide to the child's parent the
1916	1916	materials developed under Subsection (b).
1917	1917	SECTION 5.05. Section 29.008, Education Code, is amended by
1918	1918	amending Subsections (a) and (b) and adding Subsection (a-1) to
1919	1919	read as follows:
1920	1920	(a) The commissioner shall establish a list of approved
1921	1921	public or private facilities, institutions, or agencies inside or
1922	1922	outside of this state that a [A] school district, shared services
1923	1923	arrangement unit, or regional education service center may contract
1924	1924	with [a public or private facility, institution, or agency inside
1925	1925	or outside of this state] for the provision of services to students
1926	1926	with disabilities in a residential placement. The commissioner may
1927	1927	approve either the whole or a part of a facility or program.
1928	1928	(a-1) Each contract described by this section [for
1929	1929	residential placement] must be approved by the commissioner. The
1930	1930	commissioner may approve a [residential placement] contract under
1931	1931	this section only after at least a programmatic evaluation of
1932	1932	personnel qualifications, costs, adequacy of physical plant and
1933	1933	equipment, and curriculum content. [The commissioner may approve
1934	1934	either the whole or a part of a facility or program.]
1935	1935	(b) Except as provided by Subsection (c), costs of an
1936	1936	approved contract for residential placement may be paid from a
1937	1937	combination of federal, state, and local funds. The local share of
1938	1938	the total contract cost for each student is that portion of the
1939	1939	local tax effort that exceeds the district's local fund assignment
1940	1940	under Section 48.256, divided by the average daily attendance in
1941	1941	the district. If the contract involves a private facility, the
1942	1942	state share of the total contract cost is that amount remaining
1943	1943	after subtracting the local share. If the contract involves a
1944	1944	public facility, the state share is that amount remaining after
1945	1945	subtracting the local share from the portion of the contract that
1946	1946	involves the costs of instructional and related services. For
1947	1947	purposes of this subsection, "local tax effort" means the total
1948	1948	amount of money generated by taxes imposed for debt service and
1949	1949	maintenance and operation less any amounts paid into a tax
1950	1950	increment fund under Chapter 311, Tax Code. This subsection
1951	1951	expires September 1, 2027.
1952	1952	SECTION 5.06. The heading to Section 29.009, Education
1953	1953	Code, is amended to read as follows:
1954	1954	Sec. 29.009. PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
1955	1955	SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
1956	1956	DISABILITIES].
1957	1957	SECTION 5.07. Section 29.010, Education Code, is amended to
1958	1958	read as follows:
1959	1959	Sec. 29.010. GENERAL SUPERVISION AND COMPLIANCE. (a) The
1960	1960	agency shall develop [adopt] and implement a comprehensive system
1961	1961	for monitoring school district compliance with federal and state
1962	1962	laws relating to special education. The monitoring system must
1963	1963	include a comprehensive cyclical process and a targeted risk-based
1964	1964	process [provide for ongoing analysis of district special education
1965	1965	data and of complaints filed with the agency concerning special
1966	1966	education services and for inspections of school districts at
1967	1967	district facilities]. The agency shall establish criteria and
1968	1968	instruments for use in determining district compliance under this
1969	1969	section [use the information obtained through analysis of district
1970	1970	data and from the complaints management system to determine the
1971	1971	appropriate schedule for and extent of the inspection].
1972	1972	(b) As part of the monitoring process [To complete the
1973	1973	inspection], the agency must obtain information from parents and
1974	1974	teachers of students in special education programs in the district.
1975	1975	(c) The agency shall develop and implement a system of
1976	1976	interventions and sanctions for school districts the agency
1977	1977	identifies as being in noncompliance with [whose most recent
1978	1978	monitoring visit shows a failure to comply with major requirements
1979	1979	of] the Individuals with Disabilities Education Act (20 U.S.C.
1980	1980	Section 1400 et seq.), federal regulations, state statutes, or
1981	1981	agency requirements necessary to carry out federal law or
1982	1982	regulations or state law relating to special education.
1983	1983	(d) The agency shall establish a graduated process of
1984	1984	sanctions to apply to [For] districts that remain in noncompliance
1985	1985	for more than one year[, the first stage of sanctions shall begin
1986	1986	with annual or more frequent monitoring visits]. The [Subsequent]
1987	1987	sanctions shall [may] range in severity and may include [up to] the
1988	1988	withholding of funds. If funds are withheld, the agency may use the
1989	1989	funds to provide, through alternative arrangements, services to
1990	1990	students and staff members in the district from which the funds are
1991	1991	withheld.
1992	1992	(e) The agency's complaint management division shall
1993	1993	develop a system for expedited investigation and resolution of
1994	1994	complaints concerning a district's failure to provide special
1995	1995	education or related services to a student eligible to participate
1996	1996	in the district's special education program.
1997	1997	[(f) This section does not create an obligation for or
1998	1998	impose a requirement on a school district or open-enrollment
1999	1999	charter school that is not also created or imposed under another
2000	2000	state law or a federal law.]
2001	2001	SECTION 5.08. Section 29.018, Education Code, is amended by
2002	2002	adding Subsection (g) to read as follows:
2003	2003	(g) This section expires September 1, 2026.
2004	2004	SECTION 5.09. Subchapter A, Chapter 29, Education Code, is
2005	2005	amended by adding Sections 29.026, 29.027, and 29.029 to read as
2006	2006	follows:
2007	2007	Sec. 29.026. GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
2008	2008	WITH AUTISM. (a) The commissioner shall establish a program to
2009	2009	award grants to school districts and open-enrollment charter
2010	2010	schools that provide innovative services to students with autism.
2011	2011	(b) A school district, including a school district acting
2012	2012	through a district charter issued under Subchapter C, Chapter 12,
2013	2013	and an open-enrollment charter school, including a charter school
2014	2014	that primarily serves students with disabilities, as provided under
2015	2015	Section 12.1014, may apply for a grant under this section.
2016	2016	(c) A program is eligible for a grant under this section if
2017	2017	the program:
2018	2018	(1) incorporates:
2019	2019	(A) evidence-based and research-based design;
2020	2020	(B) the use of empirical data on student
2021	2021	achievement and improvement;
2022	2022	(C) parental support and collaboration;
2023	2023	(D) the use of technology;
2024	2024	(E) meaningful inclusion; and
2025	2025	(F) the ability to replicate the program for
2026	2026	students statewide; and
2027	2027	(2) gives priority for enrollment to students with
2028	2028	autism.
2029	2029	(d) A school district or open-enrollment charter school may
2030	2030	not:
2031	2031	(1) charge a fee for the program, other than those
2032	2032	authorized by law for students in public schools;
2033	2033	(2) require a parent to enroll a child in the program;
2034	2034	(3) allow an admission, review, and dismissal
2035	2035	committee to place a student in the program without the written
2036	2036	consent of the student's parent or guardian; or
2037	2037	(4) continue the placement of a student in the program
2038	2038	after the student's parent or guardian revokes consent, in writing,
2039	2039	to the student's placement in the program.
2040	2040	(e) A program under this section may:
2041	2041	(1) alter the length of the school day or school year
2042	2042	or the number of minutes of instruction received by students;
2043	2043	(2) coordinate services with private or
2044	2044	community-based providers;
2045	2045	(3) allow the enrollment of students without
2046	2046	disabilities or with other disabilities, if approved by the
2047	2047	commissioner; and
2048	2048	(4) adopt staff qualifications and staff to student
2049	2049	ratios that differ from the applicable requirements of this title.
2050	2050	(f) The commissioner shall create an external panel of
2051	2051	stakeholders, including parents of students with disabilities, to
2052	2052	provide assistance in the selection of applications for the award
2053	2053	of grants under this section.
2054	2054	(g) In selecting programs to receive a grant under this
2055	2055	section, the commissioner shall prioritize programs that are
2056	2056	collaborations between multiple school districts, multiple charter
2057	2057	schools, or school districts and charter schools. The selected
2058	2058	programs must reflect the diversity of this state.
2059	2059	(h) A program selected to receive a grant under this section
2060	2060	is to be funded for two years.
2061	2061	(i) A grant awarded to a school district or open-enrollment
2062	2062	charter school under this section is in addition to the Foundation
2063	2063	School Program funds that the district or charter school is
2064	2064	otherwise entitled to receive. A grant awarded under this section
2065	2065	may not come out of Foundation School Program funds.
2066	2066	(j) The commissioner shall use funds appropriated or
2067	2067	otherwise available to fund grants under this section.
2068	2068	(k) The commissioner and any program selected under this
2069	2069	section may accept gifts, grants, and donations from any public or
2070	2070	private source, person, or group to implement and administer the
2071	2071	program. The commissioner and any program selected under this
2072	2072	section may not require any financial contribution from parents to
2073	2073	implement and administer the program.
2074	2074	(l) A regional education service center may administer
2075	2075	grants awarded under this section.
2076	2076	Sec. 29.027. GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
2077	2077	FOR TEACHERS AND STAFF. (a) The commissioner shall establish a
2078	2078	program to award grants to school districts and open-enrollment
2079	2079	charter schools to increase local capacity to appropriately serve
2080	2080	students with dyslexia.
2081	2081	(b) A school district, including a school district acting
2082	2082	through a district charter issued under Subchapter C, Chapter 12,
2083	2083	or an open-enrollment charter school, including a charter school
2084	2084	that primarily serves students with disabilities, as provided under
2085	2085	Section 12.1014, is eligible to apply for a grant under this section
2086	2086	if the district or school submits to the commissioner a proposal on
2087	2087	the use of grant funds that:
2088	2088	(1) incorporates evidence-based and research-based
2089	2089	design; and
2090	2090	(2) increases local capacity to appropriately serve
2091	2091	students with dyslexia by providing:
2092	2092	(A) high-quality training to classroom teachers
2093	2093	and administrators in meeting the needs of students with dyslexia;
2094	2094	or
2095	2095	(B) training to intervention staff resulting in
2096	2096	appropriate credentialing related to dyslexia.
2097	2097	(c) The commissioner shall create an external panel of
2098	2098	stakeholders, including parents of students with disabilities, to
2099	2099	provide assistance in the selection of applications for the award
2100	2100	of grants under this section.
2101	2101	(d) A grant under this section is to be awarded for two
2102	2102	years.
2103	2103	(e) A grant awarded to a school district or open-enrollment
2104	2104	charter school under this section is in addition to the Foundation
2105	2105	School Program funds that the district or charter school is
2106	2106	otherwise entitled to receive. A grant awarded under this section
2107	2107	may not come out of Foundation School Program funds.
2108	2108	(f) The commissioner shall use funds appropriated or
2109	2109	otherwise available to fund grants under this section.
2110	2110	(g) The commissioner and any grant recipient selected under
2111	2111	this section may accept gifts, grants, and donations from any
2112	2112	public or private source, person, or group to implement and
2113	2113	administer the grant. The commissioner and any grant recipient
2114	2114	selected under this section may not require any financial
2115	2115	contribution from parents to implement and administer the grant.
2116	2116	(h) A regional education service center may administer
2117	2117	grants awarded under this section.
2118	2118	Sec. 29.029. SUPPORTS FOR RECRUITING SPECIAL EDUCATION
2119	2119	STAFF. (a) From funds appropriated or otherwise available for the
2120	2120	purpose, the agency shall provide grants to school districts and
2121	2121	open-enrollment charter schools to increase the number of qualified
2122	2122	and appropriately credentialed special education staff, including
2123	2123	special education teachers, special education paraprofessionals,
2124	2124	evaluation personnel, ancillary instruction personnel, and related
2125	2125	service personnel.
2126	2126	(b) A school district or open-enrollment charter school
2127	2127	that receives a grant under this section shall require each person
2128	2128	the district or school uses the grant money to assist in becoming
2129	2129	licensed, certified, or otherwise credentialed as described by
2130	2130	Subsection (a) to work at the district or school for a period
2131	2131	established by commissioner rule.
2132	2132	(c) The commissioner shall adopt rules establishing the
2133	2133	period of required employment described by Subsection (b) and any
2134	2134	other rules necessary to implement this section.
2135	2135	SECTION 5.10. The heading to Subchapter A-1, Chapter 29,
2136	2136	Education Code, is amended to read as follows:
2137	2137	SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
2138	2138	SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
2139	2139	[PROGRAM]
2140	2140	SECTION 5.11. Sections 29.041(2) and (3), Education Code,
2141	2141	are amended to read as follows:
2142	2142	(2) "Supplemental [special education] instructional
2143	2143	materials" includes textbooks, computer hardware or software,
2144	2144	other technological devices, and other materials suitable for
2145	2145	addressing an educational need of a student receiving special
2146	2146	education services under Subchapter A.
2147	2147	(3) "Supplemental [special education] services" means
2148	2148	an additive service that provides an educational benefit to a
2149	2149	student receiving special education services under Subchapter A,
2150	2150	including:
2151	2151	(A) occupational therapy, physical therapy, and
2152	2152	speech therapy; and
2153	2153	(B) private tutoring and other supplemental
2154	2154	private instruction or programs.
2155	2155	SECTION 5.12. Section 29.042(a), Education Code, is amended
2156	2156	to read as follows:
2157	2157	(a) The agency by rule shall establish and administer a
2158	2158	parent-directed [supplemental special education services and
2159	2159	instructional materials] program for students receiving special
2160	2160	education services through which a parent may direct supplemental
2161	2161	services and supplemental instructional materials for the parent's
2162	2162	student [students] who meets [meet] the eligibility requirements
2163	2163	for participation in the program. Subject to Subsection (c), the
2164	2164	agency shall provide each student approved as provided by this
2165	2165	subchapter a grant of not more than $1,500 to purchase supplemental
2166	2166	[special education] services and supplemental [special education]
2167	2167	instructional materials. A student may receive one grant under
2168	2168	this subchapter unless the legislature appropriates money for an
2169	2169	additional grant in the General Appropriations Act.
2170	2170	SECTION 5.13. Section 29.045, Education Code, is amended to
2171	2171	read as follows:
2172	2172	Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF
2173	2173	ACCOUNT. The [Subject to available funding the] agency shall
2174	2174	approve each student who meets the program eligibility criteria
2175	2175	established under Section 29.044 and assign to the student an
2176	2176	account maintained under Section 29.042(b). The account may only
2177	2177	be used by the student's parent to purchase supplemental [special
2178	2178	education] services or supplemental [special education]
2179	2179	instructional materials for the student, subject to Sections 29.046
2180	2180	and 29.047.
2181	2181	SECTION 5.14. Sections 29.046(a) and (b), Education Code,
2182	2182	are amended to read as follows:
2183	2183	(a) Money in an account assigned to a student under Section
2184	2184	29.045 may be used only for supplemental [special education]
2185	2185	services and supplemental [special education] instructional
2186	2186	materials.
2187	2187	(b) Supplemental [special education] services must be
2188	2188	provided by an agency-approved provider.
2189	2189	SECTION 5.15. Sections 29.047(a), (c), (d), and (e),
2190	2190	Education Code, are amended to read as follows:
2191	2191	(a) The agency shall establish criteria necessary for
2192	2192	agency approval for each category of provider of a professional
2193	2193	service that is a supplemental [special education] service, as
2194	2194	identified by the agency.
2195	2195	(c) The agency shall provide a procedure for providers of
2196	2196	supplemental [special education] services to apply to the agency to
2197	2197	become an agency-approved provider.
2198	2198	(d) The agency may establish criteria for agency approval of
2199	2199	vendors for each category of supplemental [special education]
2200	2200	instructional materials identified by the agency.
2201	2201	(e) If the agency establishes criteria for agency approval
2202	2202	for a vendor of a category of supplemental [special education]
2203	2203	instructional materials, the agency shall provide a procedure for
2204	2204	vendors of that category to apply to the agency to become an
2205	2205	agency-approved vendor.
2206	2206	SECTION 5.16. Subchapter A-1, Chapter 29, Education Code,
2207	2207	is amended by adding Section 29.0475 to read as follows:
2208	2208	Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
2209	2209	AUTONOMY. (a) A provider of supplemental services or vendor of
2210	2210	supplemental instructional materials that receives money
2211	2211	distributed under the program is not a recipient of federal
2212	2212	financial assistance on the basis of receiving that money.
2213	2213	(b) A rule adopted or action taken related to the program by
2214	2214	an individual, governmental entity, court of law, or program
2215	2215	administrator may not:
2216	2216	(1) consider the actions of a provider of supplemental
2217	2217	services, vendor of supplemental instructional materials, or
2218	2218	program participant to be the actions of an agent of state
2219	2219	government;
2220	2220	(2) limit:
2221	2221	(A) a provider of supplemental services' ability
2222	2222	to determine the methods used to educate the provider's students or
2223	2223	to exercise the provider's religious or institutional values; or
2224	2224	(B) a program participant's ability to determine
2225	2225	the participant's educational content or to exercise the
2226	2226	participant's religious values;
2227	2227	(3) obligate a provider of supplemental services or
2228	2228	program participant to act contrary to the provider's or
2229	2229	participant's religious or institutional values, as applicable;
2230	2230	(4) impose any regulation on a provider of
2231	2231	supplemental services, vendor of supplemental instructional
2232	2232	materials, or program participant beyond those regulations
2233	2233	necessary to enforce the requirements of the program; or
2234	2234	(5) require as a condition of receiving money
2235	2235	distributed under the program:
2236	2236	(A) a provider of supplemental services to modify
2237	2237	the provider's creed, practices, admissions policies, curriculum,
2238	2238	performance standards, employment policies, or assessments; or
2239	2239	(B) a program participant to modify the
2240	2240	participant's creed, practices, curriculum, performance standards,
2241	2241	or assessments.
2242	2242	(c) In a proceeding challenging a rule adopted by a state
2243	2243	agency or officer under this subchapter, the agency or officer has
2244	2244	the burden of proof to establish by clear and convincing evidence
2245	2245	that the rule:
2246	2246	(1) is necessary to implement or enforce the program
2247	2247	as provided by this subchapter;
2248	2248	(2) does not violate this section;
2249	2249	(3) does not impose an undue burden on a program
2250	2250	participant or a provider of supplemental services or vendor of
2251	2251	supplemental instructional materials that participates or applies
2252	2252	to participate in the program; and
2253	2253	(4) is the least restrictive means of accomplishing
2254	2254	the purpose of the program while recognizing the independence of a
2255	2255	provider of supplemental services to meet the educational needs of
2256	2256	students in accordance with the provider's religious or
2257	2257	institutional values.
2258	2258	SECTION 5.17. Section 29.048, Education Code, is amended to
2259	2259	read as follows:
2260	2260	Sec. 29.048. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
2261	2261	DUTIES. (a) A student's admission, review, and dismissal
2262	2262	committee shall develop a student's individualized education
2263	2263	program under Section 29.005, in compliance with the Individuals
2264	2264	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
2265	2265	without consideration of any supplemental [special education]
2266	2266	services or supplemental instructional materials that may be
2267	2267	provided under the program under this subchapter.
2268	2268	(b) Unless the district first verifies that an account has
2269	2269	been assigned to the student under Section 29.045, the [The]
2270	2270	admission, review, and dismissal committee of a student approved
2271	2271	for participation in the program shall provide to the student's
2272	2272	parent at an admission, review, and dismissal committee meeting for
2273	2273	the student:
2274	2274	(1) information regarding the types of supplemental
2275	2275	[special education] services or supplemental instructional
2276	2276	materials available under the program and provided by
2277	2277	agency-approved providers for which an account maintained under
2278	2278	Section 29.042(b) for the student may be used; and
2279	2279	(2) instructions regarding accessing an account
2280	2280	described by Subdivision (1).
2281	2281	SECTION 5.18. Subchapter A-1, Chapter 29, Education Code,
2282	2282	is amended by adding Section 29.0485 to read as follows:
2283	2283	Sec. 29.0485. DETERMINATION OF COMMISSIONER FINAL.
2284	2284	Notwithstanding Section 7.057, a determination of the commissioner
2285	2285	under this subchapter is final and may not be appealed.
2286	2286	SECTION 5.19. Section 29.049, Education Code, is amended to
2287	2287	read as follows:
2288	2288	Sec. 29.049. RULES. The commissioner shall adopt rules as
2289	2289	necessary to administer the supplemental [special education]
2290	2290	services and supplemental instructional materials program under
2291	2291	this subchapter.
2292	2292	SECTION 5.20. Section 29.315, Education Code, is amended to
2293	2293	read as follows:
2294	2294	Sec. 29.315. TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
2295	2295	UNDERSTANDING. The Texas Education Agency and the Texas School for
2296	2296	the Deaf shall develop[, agree to, and by commissioner rule adopt no
2297	2297	later than September 1, 1998,] a memorandum of understanding to
2298	2298	establish:
2299	2299	(1) the method for developing and reevaluating a set
2300	2300	of indicators of the quality of learning at the Texas School for the
2301	2301	Deaf;
2302	2302	(2) the process for the agency to conduct and report on
2303	2303	an annual evaluation of the school's performance on the indicators;
2304	2304	(3) the requirements for the school's board to
2305	2305	publish, discuss, and disseminate an annual report describing the
2306	2306	educational performance of the school;
2307	2307	(4) the process for the agency to assign an
2308	2308	accreditation status to the school, to reevaluate the status on an
2309	2309	annual basis, and, if necessary, to conduct monitoring reviews; and
2310	2310	(5) the type of information the school shall be
2311	2311	required to provide through the Public Education Information
2312	2312	Management System (PEIMS).
2313	2313	SECTION 5.21. Section 30.001(b), Education Code, is amended
2314	2314	to read as follows:
2315	2315	(b) The commissioner, with the approval of the State Board
2316	2316	of Education, shall develop and implement a plan for the
2317	2317	coordination of services to children with disabilities in each
2318	2318	region served by a regional education service center. The plan
2319	2319	must include procedures for:
2320	2320	(1) identifying existing public or private
2321	2321	educational and related services for children with disabilities in
2322	2322	each region;
2323	2323	(2) identifying and referring children with
2324	2324	disabilities who cannot be appropriately served by the school
2325	2325	district in which they reside to other appropriate programs;
2326	2326	(3) assisting school districts to individually or
2327	2327	cooperatively develop programs to identify and provide appropriate
2328	2328	services for children with disabilities;
2329	2329	(4) expanding and coordinating services provided by
2330	2330	regional education service centers for children with disabilities;
2331	2331	and
2332	2332	(5) providing for special education supports
2333	2333	[services], including special seats, books, instructional media,
2334	2334	and other supplemental supplies and services required for proper
2335	2335	instruction.
2336	2336	SECTION 5.22. Section 30.002(g), Education Code, is amended
2337	2337	to read as follows:
2338	2338	(g) To facilitate implementation of this section, the
2339	2339	commissioner shall develop a system to distribute from the
2340	2340	foundation school fund to school districts or regional education
2341	2341	service centers a special supplemental allowance for each student
2342	2342	with a visual impairment and for each student with a serious visual
2343	2343	disability and another medically diagnosed disability of a
2344	2344	significantly limiting nature who is receiving special education
2345	2345	services through any approved program. The supplemental allowance
2346	2346	may be spent only for special education services uniquely required
2347	2347	by the nature of the student's disabilities and may not be used in
2348	2348	lieu of educational funds otherwise available under this code or
2349	2349	through state or local appropriations.
2350	2350	SECTION 5.23. Section 30.005, Education Code, is amended to
2351	2351	read as follows:
2352	2352	Sec. 30.005. TEXAS SCHOOL FOR THE BLIND AND VISUALLY
2353	2353	IMPAIRED MEMORANDUM OF UNDERSTANDING. The Texas Education Agency
2354	2354	and the Texas School for the Blind and Visually Impaired shall
2355	2355	develop[, agree to, and by commissioner rule adopt] a memorandum of
2356	2356	understanding to establish:
2357	2357	(1) the method for developing and reevaluating a set
2358	2358	of indicators of the quality of learning at the Texas School for the
2359	2359	Blind and Visually Impaired;
2360	2360	(2) the process for the agency to conduct and report on
2361	2361	an annual evaluation of the school's performance on the indicators;
2362	2362	(3) the requirements for the school's board to
2363	2363	publish, discuss, and disseminate an annual report describing the
2364	2364	educational performance of the school;
2365	2365	(4) the process for the agency to:
2366	2366	(A) assign an accreditation status to the school;
2367	2367	(B) reevaluate the status on an annual basis; and
2368	2368	(C) if necessary, conduct monitoring reviews;
2369	2369	and
2370	2370	(5) the type of information the school shall be
2371	2371	required to provide through the Public Education Information
2372	2372	Management System (PEIMS).
2373	2373	SECTION 5.24. Section 37.146(a), Education Code, as
2374	2374	effective until January 1, 2025, is amended to read as follows:
2375	2375	(a) A complaint alleging the commission of a school offense
2376	2376	must, in addition to the requirements imposed by Article 45.019,
2377	2377	Code of Criminal Procedure:
2378	2378	(1) be sworn to by a person who has personal knowledge
2379	2379	of the underlying facts giving rise to probable cause to believe
2380	2380	that an offense has been committed; and
2381	2381	(2) be accompanied by a statement from a school
2382	2382	employee stating:
2383	2383	(A) whether the child is eligible for or receives
2384	2384	special education services under Subchapter A, Chapter 29; and
2385	2385	(B) the graduated sanctions, if required under
2386	2386	Section 37.144, that were imposed on the child before the complaint
2387	2387	was filed.
2388	2388	SECTION 5.25. Section 37.146(a), Education Code, as
2389	2389	effective January 1, 2025, is amended to read as follows:
2390	2390	(a) A complaint alleging the commission of a school offense
2391	2391	must, in addition to the requirements imposed by Article 45A.101,
2392	2392	Code of Criminal Procedure:
2393	2393	(1) be sworn to by a person who has personal knowledge
2394	2394	of the underlying facts giving rise to probable cause to believe
2395	2395	that an offense has been committed; and
2396	2396	(2) be accompanied by a statement from a school
2397	2397	employee stating:
2398	2398	(A) whether the child is eligible for or receives
2399	2399	special education services under Subchapter A, Chapter 29; and
2400	2400	(B) the graduated sanctions, if required under
2401	2401	Section 37.144, that were imposed on the child before the complaint
2402	2402	was filed.
2403	2403	SECTION 5.26. Section 48.265(a), Education Code, is amended
2404	2404	to read as follows:
2405	2405	(a) If [Notwithstanding any other provision of law, if] the
2406	2406	commissioner determines that the amount appropriated for the
2407	2407	purposes of the Foundation School Program exceeds the amount to
2408	2408	which school districts are entitled under this chapter, the
2409	2409	commissioner may provide [by rule shall establish a grant program
2410	2410	through which excess funds are awarded as] grants using the excess
2411	2411	money for the purchase of video equipment, or for the reimbursement
2412	2412	of costs for previously purchased video equipment, used for
2413	2413	monitoring special education classrooms or other special education
2414	2414	settings required under Section 29.022.
2415	2415	SECTION 5.27. Section 29.002, Education Code, is repealed.
2416	2416	SECTION 5.28. This article takes effect immediately if this
2417	2417	Act receives a vote of two-thirds of all the members elected to each
2418	2418	house, as provided by Section 39, Article III, Texas Constitution.
2419	2419	If this Act does not receive the vote necessary for immediate
2420	2420	effect, this article takes effect on the 91st day after the last day
2421	2421	of the legislative session.
2422	2422	ARTICLE 6. EDUCATION SAVINGS ACCOUNT PROGRAM
2423	2423	SECTION 6.01. Chapter 29, Education Code, is amended by
2424	2424	adding Subchapter J to read as follows:
2425	2425	SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
2426	2426	Sec. 29.351. DEFINITIONS. In this subchapter:
2427	2427	(1) "Account" means an education savings account
2428	2428	established under the program.
2429	2429	(2) "Certified educational assistance organization"
2430	2430	means an organization certified under Section 29.354 to support the
2431	2431	administration of the program.
2432	2432	(3) "Child with a disability" means a child who is
2433	2433	eligible to participate in a school district's special education
2434	2434	program under Section 29.003.
2435	2435	(4) "Higher education provider" means an institution
2436	2436	of higher education or a private or independent institution of
2437	2437	higher education, as those terms are defined by Section 61.003.
2438	2438	(5) "Parent" means a resident of this state who is a
2439	2439	natural or adoptive parent, managing or possessory conservator,
2440	2440	legal guardian, custodian, or other person with legal authority to
2441	2441	act on behalf of a child.
2442	2442	(6) "Participating child" means a child enrolled in
2443	2443	the program.
2444	2444	(7) "Participating parent" means a parent of a
2445	2445	participating child who submitted an application under Section
2446	2446	29.356 on behalf of the child.
2447	2447	(8) "Program" means the program established under this
2448	2448	subchapter.
2449	2449	(9) "Program participant" means a participating child
2450	2450	or a participating parent.
2451	2451	Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
2452	2452	shall establish a program to provide funding for approved
2453	2453	education-related expenses of participating children.
2454	2454	Sec. 29.3521. AMOUNT OF APPROPRIATION. The amount of money
2455	2455	appropriated for a state fiscal biennium for purposes of the
2456	2456	program may not exceed the greater of:
2457	2457	(1) the amount of money appropriated for purposes of
2458	2458	the program for the preceding biennium; or
2459	2459	(2) the amount of money necessary for the biennium to
2460	2460	provide the amount specified under Section 29.361 for each
2461	2461	participating child and each child on the waiting list maintained
2462	2462	by the comptroller under Section 29.356(d) on the January 1
2463	2463	preceding the biennium.
2464	2464	Sec. 29.353. PROGRAM FUND. (a) The program fund is an
2465	2465	account in the general revenue fund to be administered by the
2466	2466	comptroller.
2467	2467	(b) The fund is composed of:
2468	2468	(1) money appropriated to the fund;
2469	2469	(2) gifts, grants, and donations received under
2470	2470	Section 29.370; and
2471	2471	(3) any other money available for purposes of the
2472	2472	program.
2473	2473	(c) Money in the fund may be appropriated only for the uses
2474	2474	specified by this subchapter.
2475	2475	(d) The governor and the Legislative Budget Board may not
2476	2476	transfer or repurpose money under a proposal under Chapter 317,
2477	2477	Government Code, to provide funding to administer the program.
2478	2478	Sec. 29.3535. PROMOTION OF PROGRAM. Notwithstanding
2479	2479	Chapter 2113, Government Code, the comptroller or the comptroller's
2480	2480	designee may enter into contracts or agreements and engage in
2481	2481	marketing, advertising, and other activities to promote, market,
2482	2482	and advertise the development and use of the program. The
2483	2483	comptroller may use money from the program fund to pay for
2484	2484	activities authorized under this section.
2485	2485	Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
2486	2486	ORGANIZATIONS. (a) An organization may apply to the comptroller
2487	2487	for certification as a certified educational assistance
2488	2488	organization during an application period established by the
2489	2489	comptroller.
2490	2490	(b) To be eligible for certification, an organization must:
2491	2491	(1) have the ability to perform one or more of the
2492	2492	duties and functions required of a certified educational assistance
2493	2493	organization under this subchapter;
2494	2494	(2) be in good standing with the state; and
2495	2495	(3) be able to assist the comptroller in administering
2496	2496	the program in whole or in part, such as the ability to:
2497	2497	(A) accept, process, and track applications for
2498	2498	the program;
2499	2499	(B) assist prospective applicants, applicants,
2500	2500	and program participants with finding preapproved education
2501	2501	service providers and vendors of educational products;
2502	2502	(C) accept and process payments for approved
2503	2503	education-related expenses; and
2504	2504	(D) verify that program funding is used only for
2505	2505	approved education-related expenses.
2506	2506	(c) The comptroller may certify one or more educational
2507	2507	assistance organizations to support the administration of the
2508	2508	program, including by:
2509	2509	(1) administering in whole or in part:
2510	2510	(A) the application process under Section
2511	2511	29.356; and
2512	2512	(B) the program expenditures process under
2513	2513	Section 29.360; and
2514	2514	(2) assisting prospective applicants, applicants, and
2515	2515	program participants with understanding approved education-related
2516	2516	expenses and finding preapproved education service providers and
2517	2517	vendors of educational products.
2518	2518	(d) A certified educational assistance organization is not
2519	2519	considered to be a provider of professional or consulting services
2520	2520	under Chapter 2254, Government Code.
2521	2521	Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
2522	2522	participate in the program and may, subject to available funding
2523	2523	and the requirements of this subchapter, initially enroll in the
2524	2524	program for the following school year if the child is eligible to
2525	2525	attend a public school under Section 25.001 and:
2526	2526	(1) either:
2527	2527	(A) was enrolled in a public school in this state
2528	2528	for at least 90 percent of the school year preceding the school year
2529	2529	for which the child applies to enroll in the program;
2530	2530	(B) is enrolling in kindergarten or first grade
2531	2531	for the first time; or
2532	2532	(C) attended a private school on a full-time
2533	2533	basis or was home-schooled for the preceding school year; or
2534	2534	(2) is a sibling of a child who is eligible to
2535	2535	participate in the program and:
2536	2536	(A) applies to enroll in the program for the same
2537	2537	school year in which the sibling applies to enroll in the program;
2538	2538	or
2539	2539	(B) is participating in the program.
2540	2540	(b) A child who establishes eligibility under this section
2541	2541	may, subject to available funding and the requirements of this
2542	2542	subchapter, participate in the program until the earliest of the
2543	2543	following dates:
2544	2544	(1) the date on which the child graduates from high
2545	2545	school;
2546	2546	(2) the date on which the child is no longer eligible
2547	2547	to attend a public school under Section 25.001;
2548	2548	(3) the date on which the child enrolls in a public
2549	2549	school, including an open-enrollment charter school, in a manner in
2550	2550	which the child will be counted toward the school's average daily
2551	2551	attendance for purposes of the allocation of funding under the
2552	2552	foundation school program;
2553	2553	(4) the date on which the child fails to perform
2554	2554	satisfactorily for the second consecutive year on an assessment
2555	2555	instrument required under Section 29.371; or
2556	2556	(5) the date on which the child is declared ineligible
2557	2557	for the program by the comptroller under this subchapter.
2558	2558	(c) Notwithstanding Subsection (a) or (b), a child is not
2559	2559	eligible to participate in the program during the period in which
2560	2560	the child's parent or legal guardian is a state representative or
2561	2561	state senator.
2562	2562	Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
2563	2563	eligible child may apply to a certified educational assistance
2564	2564	organization designated by the comptroller to enroll the child in
2565	2565	the program for the following school year. The comptroller shall
2566	2566	establish deadlines by which an applicant must complete and submit
2567	2567	an application form to participate in the program.
2568	2568	(b) On receipt of more acceptable applications during an
2569	2569	application period for admission under this section than available
2570	2570	positions in the program due to insufficient funding, a certified
2571	2571	educational assistance organization shall, at the direction of the
2572	2572	comptroller, prioritize applicants:
2573	2573	(1) in the following order:
2574	2574	(A) children to whom Paragraph (B) does not
2575	2575	apply; and
2576	2576	(B) children who previously ceased participation
2577	2577	in the program due to enrollment in a public school; and
2578	2578	(2) within each of the groups described by Subdivision
2579	2579	(1), as follows, as applicable:
2580	2580	(A) children with a disability who are members of
2581	2581	a household with a total annual income that is at or below 400
2582	2582	percent of the federal poverty guidelines;
2583	2583	(B) children who are members of a household with
2584	2584	a total annual income that is at or below 185 percent of the federal
2585	2585	poverty guidelines;
2586	2586	(C) children who are members of a household with
2587	2587	a total annual income that is above 185 percent of the federal
2588	2588	poverty guidelines and below 400 percent of the federal poverty
2589	2589	guidelines; and
2590	2590	(D) children who are members of a household with
2591	2591	a total annual income that is at or above 400 percent of the federal
2592	2592	poverty guidelines.
2593	2593	(b-1) For purposes of Subsection (b), a certified
2594	2594	educational assistance organization shall prioritize a
2595	2595	participating child's sibling who is initially eligible to
2596	2596	participate in the program under Section 29.355(a)(2) in the same
2597	2597	manner as the participating child.
2598	2598	(b-2) The agency shall provide to the comptroller the
2599	2599	information necessary to make the determinations required under
2600	2600	Subsection (b).
2601	2601	(c) The comptroller shall create an application form for the
2602	2602	program and ensure the application form is made readily available
2603	2603	through various sources, including a certified educational
2604	2604	assistance organization's Internet website. The application form
2605	2605	must state the application deadlines established by the comptroller
2606	2606	under Subsection (a). Each certified educational assistance
2607	2607	organization designated under Subsection (a) shall ensure that the
2608	2608	application form, including any required supporting document, is
2609	2609	capable of being submitted to the organization electronically.
2610	2610	(d) The comptroller shall create and maintain a waiting list
2611	2611	based on the priority categories described by Subsection (b) for
2612	2612	applicants if, during an application period, there are more
2613	2613	acceptable applications for admission than there are available
2614	2614	positions.
2615	2615	(e) Each certified educational assistance organization
2616	2616	designated under Subsection (a) shall post on the organization's
2617	2617	Internet website program information for prospective applicants,
2618	2618	including:
2619	2619	(1) a description of the program;
2620	2620	(2) expenses allowed under the program under Section
2621	2621	29.359;
2622	2622	(3) a link to a list of preapproved education service
2623	2623	providers and vendors of educational products under Section 29.358;
2624	2624	(4) a description of the application process;
2625	2625	(5) a description of the applicant selection process;
2626	2626	(6) a description of the program expenditures process
2627	2627	under Section 29.360; and
2628	2628	(7) a description of the responsibilities of program
2629	2629	participants.
2630	2630	(f) A certified educational assistance organization shall
2631	2631	produce and provide to each participating parent a
2632	2632	comptroller-approved program participant handbook that includes:
2633	2633	(1) information regarding expenses allowed under the
2634	2634	program under Section 29.359;
2635	2635	(2) if the handbook is provided electronically, a link
2636	2636	to a list of preapproved education service providers and vendors of
2637	2637	educational products under Section 29.358;
2638	2638	(3) a description of the program expenditures process
2639	2639	under Section 29.360; and
2640	2640	(4) a description of the responsibilities of program
2641	2641	participants.
2642	2642	(g) Each certified educational assistance organization
2643	2643	designated under Subsection (a) shall on enrollment and annually
2644	2644	provide to each participating parent the information described by
2645	2645	Subsections (e) and (f). The organization may provide the
2646	2646	information electronically.
2647	2647	(h) The comptroller or a certified educational assistance
2648	2648	organization designated under Subsection (a):
2649	2649	(1) may require a participating parent to submit
2650	2650	annual notice regarding the parent's intent for the child to
2651	2651	continue participating in the program for the next school year; and
2652	2652	(2) may not require a program participant in good
2653	2653	standing to annually resubmit an application for continued
2654	2654	participation in the program.
2655	2655	Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
2656	2656	under the program, a participating parent must agree to:
2657	2657	(1) spend money received through the program only for
2658	2658	expenses allowed under Section 29.359;
2659	2659	(2) ensure the administration of assessment
2660	2660	instruments to the participating child in accordance with Section
2661	2661	29.371 and share or authorize administrators of assessment
2662	2662	instruments to share with the child's certified educational
2663	2663	assistance organization the results of those assessment
2664	2664	instruments;
2665	2665	(3) refrain from selling an item purchased with
2666	2666	program money while the child is participating in the program; and
2667	2667	(4) notify the applicable certified educational
2668	2668	assistance organization not later than 30 days after the date on
2669	2669	which the child:
2670	2670	(A) enrolls in a public school, including an
2671	2671	open-enrollment charter school in a manner in which the child will
2672	2672	be counted toward the school's average daily attendance for
2673	2673	purposes of the allocation of funding under the foundation school
2674	2674	program;
2675	2675	(B) graduates from high school; or
2676	2676	(C) is no longer eligible to enroll in a public
2677	2677	school under Section 25.001.
2678	2678	Sec. 29.358. PREAPPROVED PROVIDERS AND VENDORS. (a) The
2679	2679	comptroller shall by rule establish a process for the preapproval
2680	2680	of education service providers and vendors of educational products
2681	2681	for participation in the program. The comptroller shall allow for
2682	2682	the submission of applications on a rolling basis.
2683	2683	(b) The comptroller shall approve an education service
2684	2684	provider or vendor of educational products for participation in the
2685	2685	program if the provider or vendor:
2686	2686	(1) has previously been approved by the agency to
2687	2687	provide supplemental special education services under Subchapter
2688	2688	A-1 and remains in good standing with the agency;
2689	2689	(2) for a private school, demonstrates accreditation
2690	2690	by an organization recognized by:
2691	2691	(A) the Texas Private School Accreditation
2692	2692	Commission; or
2693	2693	(B) the agency;
2694	2694	(3) for a public school, demonstrates:
2695	2695	(A) accreditation by the agency; and
2696	2696	(B) the ability to provide services or products
2697	2697	to participating children in a manner in which the children are not
2698	2698	counted toward the school's average daily attendance;
2699	2699	(4) for a private tutor, therapist, or teaching
2700	2700	service, demonstrates that:
2701	2701	(A) the tutor or therapist or each employee of
2702	2702	the teaching service who intends to provide educational services to
2703	2703	a participating child:
2704	2704	(i) is an educator employed by or a retired
2705	2705	educator formerly employed by a school accredited by the agency, an
2706	2706	organization recognized by the agency, or an organization
2707	2707	recognized by the Texas Private School Accreditation Commission;
2708	2708	(ii) holds a relevant license or
2709	2709	accreditation issued by a state, regional, or national
2710	2710	certification or accreditation organization; or
2711	2711	(iii) is employed in or retired from a
2712	2712	teaching or tutoring capacity at a higher education provider;
2713	2713	(B) the tutor or therapist or each employee of
2714	2714	the teaching service who intends to provide educational services to
2715	2715	a participating child provided to the comptroller a national
2716	2716	criminal history record information review completed by the tutor,
2717	2717	therapist, or employee, as applicable, within a period established
2718	2718	by comptroller rule; and
2719	2719	(C) the tutor or therapist or each employee of
2720	2720	the teaching service who intends to provide educational services to
2721	2721	a participating child is not:
2722	2722	(i) required to be discharged or refused to
2723	2723	be hired by a school district under Section 22.085; or
2724	2724	(ii) included in the registry under Section
2725	2725	22.092; or
2726	2726	(5) for a higher education provider, demonstrates
2727	2727	nationally recognized postsecondary accreditation.
2728	2728	(c) The comptroller shall review the national criminal
2729	2729	history record information or documentation for each private tutor,
2730	2730	therapist, or teaching service employee who submits information or
2731	2731	documentation under this section. The tutor, therapist, or service
2732	2732	must provide the comptroller with any information requested by the
2733	2733	comptroller to enable the comptroller to complete the review.
2734	2734	(d) An education service provider or vendor of educational
2735	2735	products shall provide information requested by the comptroller to
2736	2736	verify the provider's or vendor's eligibility for preapproval under
2737	2737	Subsection (b). The comptroller may not approve a provider or
2738	2738	vendor if the comptroller cannot verify the provider's or vendor's
2739	2739	eligibility for preapproval.
2740	2740	(e) An education service provider or vendor of educational
2741	2741	products must agree to:
2742	2742	(1) abide by the disbursement schedule under Section
2743	2743	29.360(c) and all other requirements of this subchapter;
2744	2744	(2) accept money from the program only for
2745	2745	education-related expenses approved under Section 29.359;
2746	2746	(3) notify the comptroller not later than the 30th day
2747	2747	after the date that the provider or vendor no longer meets the
2748	2748	requirements of this section; and
2749	2749	(4) return any money received in violation of this
2750	2750	subchapter or other relevant law to the comptroller for deposit
2751	2751	into the program fund.
2752	2752	(f) An education service provider or vendor of educational
2753	2753	products that receives approval under this section may participate
2754	2754	in the program until the earliest of the date on which the provider
2755	2755	or vendor:
2756	2756	(1) no longer meets the requirements under this
2757	2757	section; or
2758	2758	(2) violates this subchapter or other relevant law.
2759	2759	(g) This section may not be construed to allow a learning
2760	2760	pod, as defined by Section 27.001, or a home school to qualify as an
2761	2761	approved education service provider or vendor of educational
2762	2762	products.
2763	2763	Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
2764	2764	Subject to Subsection (b), money received under the program may be
2765	2765	used only for the following education-related expenses incurred by
2766	2766	a participating child at a preapproved education service provider
2767	2767	or vendor of educational products:
2768	2768	(1) tuition and fees for:
2769	2769	(A) a private school;
2770	2770	(B) a higher education provider;
2771	2771	(C) an online educational course or program; or
2772	2772	(D) a program that provides training for an
2773	2773	industry-based credential;
2774	2774	(2) the purchase of textbooks or other instructional
2775	2775	materials or uniforms required by a private school, higher
2776	2776	education provider, or course in which the child is enrolled,
2777	2777	including purchases made through a third-party vendor of
2778	2778	educational products;
2779	2779	(3) fees for classes or other educational services
2780	2780	provided by a public school, including an open-enrollment charter
2781	2781	school, if the classes or services do not qualify the child to be
2782	2782	included in the school's average daily attendance;
2783	2783	(4) costs related to academic assessments;
2784	2784	(5) fees for services provided by a private tutor or
2785	2785	teaching service;
2786	2786	(6) fees for transportation provided by a
2787	2787	fee-for-service transportation provider for the child to travel to
2788	2788	and from a preapproved education service provider or vendor of
2789	2789	educational products;
2790	2790	(7) fees for educational therapies or services
2791	2791	provided by a practitioner or provider, only for fees that are not
2792	2792	covered by any federal, state, or local government benefits such as
2793	2793	Medicaid or the Children's Health Insurance Program (CHIP) or by
2794	2794	any private insurance that the child is enrolled in at the time of
2795	2795	receiving the therapies or services;
2796	2796	(8) costs of computer hardware and software and other
2797	2797	technological devices prescribed by a physician to facilitate a
2798	2798	child's education, not to exceed in any year 10 percent of the total
2799	2799	amount paid to the participating child's account that year;
2800	2800	(9) costs of breakfast or lunch provided to a child
2801	2801	during the school day by a private school; and
2802	2802	(10) before- and after-school academic child care from
2803	2803	a provider that has a partnership with a public school to provide
2804	2804	before- or after-school child care.
2805	2805	(b) Money received under the program may not be used to pay
2806	2806	any person who is related to the program participant within the
2807	2807	third degree by consanguinity or affinity, as determined under
2808	2808	Chapter 573, Government Code.
2809	2809	(c) A finding that a program participant used money
2810	2810	distributed under the program to pay for an expense not allowed
2811	2811	under Subsection (a) does not affect the validity of any payment
2812	2812	made by the participant for an approved education-related expense
2813	2813	that is allowed under that subsection.
2814	2814	Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
2815	2815	shall disburse from the program fund to each certified educational
2816	2816	assistance organization the amount specified under Section
2817	2817	29.361(a) for each participating child for which the organization
2818	2818	is responsible.
2819	2819	(b) To initiate payment to an education service provider or
2820	2820	vendor of educational products for an education-related expense
2821	2821	approved under Section 29.359, the participating parent must submit
2822	2822	a request in a form prescribed by comptroller rule to the applicable
2823	2823	certified educational assistance organization.
2824	2824	(c) Subject to Subsection (d) and Sections 29.362(g) and
2825	2825	29.364, on receiving a request under Subsection (b), a certified
2826	2826	educational assistance organization shall verify that the request
2827	2827	is for an expense approved under Section 29.359 and, not later than
2828	2828	the 15th business day after the date the organization verifies the
2829	2829	request, send payment to the education service provider or vendor
2830	2830	of educational products.
2831	2831	(d) A disbursement under this section may not exceed the
2832	2832	applicable participating child's account balance.
2833	2833	(e) A certified educational assistance organization shall
2834	2834	provide the participating parent for which the organization is
2835	2835	responsible with electronic access to:
2836	2836	(1) view the current balance of the participating
2837	2837	child's account;
2838	2838	(2) initiate the payment process under Subsection (b);
2839	2839	and
2840	2840	(3) view a summary of the past activity on the
2841	2841	participating child's account, including payments from the account
2842	2842	to education service providers and vendors of educational products.
2843	2843	Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
2844	2844	of the deadline by which the participating parent applies for
2845	2845	enrollment in the program under Section 29.356(a) and except as
2846	2846	provided by Subsections (a-1) and (a-3), a participating parent
2847	2847	shall receive each school year that the parent's child participates
2848	2848	in the program payments from the state to be held in trust for the
2849	2849	benefit of the child from funds available under Section 29.353 to
2850	2850	the child's account equal to 75 percent of the estimated statewide
2851	2851	average amount of funding per student in average daily attendance
2852	2852	for the applicable school year, as determined by the commissioner
2853	2853	not later than January 15 preceding the applicable school year. For
2854	2854	purposes of determining the estimated statewide average amount of
2855	2855	funding per student under this subsection, the commissioner shall
2856	2856	include state and local funding under Chapters 46, 48, and 49 and
2857	2857	the amount the state is required to contribute under Section
2858	2858	825.404, Government Code.
2859	2859	(a-1) If a child enrolls in the program after the beginning
2860	2860	of a school year, the comptroller shall prorate the amount the
2861	2861	participating parent of the child receives under Subsection (a)
2862	2862	based on the date the child enrolls in the program.
2863	2863	(a-2) A participating parent must submit all requests for
2864	2864	payment from the account of the parent's child for expenses
2865	2865	incurred during a fiscal year to the comptroller not less than 90
2866	2866	days after the end of that fiscal year.
2867	2867	(a-3) Notwithstanding Subsection (a), a participating child
2868	2868	who is a home-schooled student, as defined by Section 29.916(a)(1),
2869	2869	may not receive payments to the child's account under Subsection
2870	2870	(a) in an amount that exceeds $1,000 for a school year.
2871	2871	(b) Any money remaining in a participating child's account
2872	2872	at the end of a fiscal year that is not obligated for expenses
2873	2873	incurred during that fiscal year shall be returned to the
2874	2874	comptroller for deposit to the program fund. The comptroller shall
2875	2875	provide to a participating parent adequate notice of the return of
2876	2876	money in the account under this subsection.
2877	2877	(c) A participating parent may make payments for the
2878	2878	expenses of educational programs, services, and products not
2879	2879	covered by money in the account of the parent's child.
2880	2880	(d) A payment under Subsection (a) may not be financed using
2881	2881	federal money or money from the available school fund or
2882	2882	instructional materials fund.
2883	2883	(e) Payments received under this subchapter do not
2884	2884	constitute taxable income to a participating parent, unless
2885	2885	otherwise provided by federal or another state's law.
2886	2886	(f) On dates consistent with satisfying the application
2887	2887	deadlines established under Section 29.356(a), the agency shall
2888	2888	calculate and report to the comptroller the amount specified under
2889	2889	Subsection (a) for each participating child.
2890	2890	Sec. 29.3615. ENROLLMENT IN PUBLIC SCHOOL. Notwithstanding
2891	2891	any other provision of this subchapter or other law, if a child
2892	2892	ceases participation in the program due to the child's enrollment
2893	2893	in a public school, including an open-enrollment charter school:
2894	2894	(1) the public school is entitled to receive an amount
2895	2895	equal to the amount in the child's account returned to the
2896	2896	comptroller under Section 29.362(f); and
2897	2897	(2) the child may not be considered in evaluating the
2898	2898	performance of a public school under the public school
2899	2899	accountability system as prescribed by Chapters 39 and 39A for the
2900	2900	first school year after the child ceases participation in the
2901	2901	program.
2902	2902	Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt of
2903	2903	money distributed by the comptroller for purposes of making
2904	2904	payments to accounts, a certified educational assistance
2905	2905	organization shall hold the money in trust for the benefit of
2906	2906	participating children and make quarterly payments to the account
2907	2907	of each participating child for which the organization is
2908	2908	responsible in equal amounts on or before the first day of July,
2909	2909	October, January, and April.
2910	2910	(b) Each year, the comptroller may deduct from the total
2911	2911	amount of money appropriated for purposes of this subchapter an
2912	2912	amount, not to exceed three percent of that total amount, to cover
2913	2913	the comptroller's cost of administering the program.
2914	2914	(c) Each quarter, each certified educational assistance
2915	2915	organization shall submit to the comptroller a breakdown of the
2916	2916	organization's actual costs of administering the program for the
2917	2917	previous quarter and the comptroller shall disburse from money
2918	2918	appropriated for the program to each certified educational
2919	2919	assistance organization the amount necessary to cover the
2920	2920	organization's actual costs of administering the program for that
2921	2921	quarter. The total amount disbursed to all certified educational
2922	2922	assistance organizations under this subsection for a state fiscal
2923	2923	year may not exceed five percent of the amount appropriated for the
2924	2924	purposes of the program for that fiscal year.
2925	2925	(d) On or before the first day of October and February or
2926	2926	another date determined by comptroller rule, each certified
2927	2927	educational assistance organization shall:
2928	2928	(1) verify with the agency that each participating
2929	2929	child for which the organization is responsible is not enrolled in a
2930	2930	public school, including an open-enrollment charter school, in a
2931	2931	manner in which the child is counted toward the school's average
2932	2932	daily attendance for purposes of the allocation of state funding
2933	2933	under the foundation school program; and
2934	2934	(2) notify the comptroller if the organization
2935	2935	determines that a participating child for which the organization is
2936	2936	responsible is enrolled in a public school, including an
2937	2937	open-enrollment charter school, in a manner in which the child is
2938	2938	counted toward the school's average daily attendance for purposes
2939	2939	of the allocation of state funding under the foundation school
2940	2940	program.
2941	2941	(e) The comptroller by rule shall establish a process by
2942	2942	which a participating parent may authorize the comptroller or the
2943	2943	certified educational assistance organization to make a payment
2944	2944	directly from the account of the parent's child to a preapproved
2945	2945	education service provider or vendor of educational products for an
2946	2946	expense allowed under Section 29.359.
2947	2947	(f) On the date on which a child who participated in the
2948	2948	program is no longer eligible to participate in the program under
2949	2949	Section 29.355 and payments for any education-related expenses
2950	2950	allowed under Section 29.359 from the child's account have been
2951	2951	completed, the child's account shall be closed and any remaining
2952	2952	money returned to the comptroller for deposit in the program fund.
2953	2953	(g) Each quarter, any interest or other earnings
2954	2954	attributable to money held by a certified educational assistance
2955	2955	organization for purposes of the program shall be remitted to the
2956	2956	comptroller for deposit in the program fund.
2957	2957	Sec. 29.363. AUDITING. (a) The comptroller shall contract
2958	2958	with a private entity to audit accounts and program participant
2959	2959	eligibility data not less than once per year to ensure compliance
2960	2960	with applicable law and program requirements. The audit must
2961	2961	include a review of:
2962	2962	(1) each certified educational assistance
2963	2963	organization's internal controls over program transactions; and
2964	2964	(2) compliance by:
2965	2965	(A) certified educational assistance
2966	2966	organizations with Section 29.354 and other program requirements;
2967	2967	(B) program participants with Section 29.357 and
2968	2968	other program requirements; and
2969	2969	(C) education service providers and vendors of
2970	2970	educational products with Section 29.358 and other program
2971	2971	requirements.
2972	2972	(b) In conducting an audit, the private entity may require a
2973	2973	certified educational assistance organization, program
2974	2974	participant, or education service provider or vendor of educational
2975	2975	products to provide information and documentation regarding any
2976	2976	transaction occurring under the program.
2977	2977	(c) The private entity shall report to the comptroller any
2978	2978	violation of this subchapter or other relevant law and any
2979	2979	transactions the entity determines to be unusual or suspicious
2980	2980	found by the entity during an audit conducted under this section.
2981	2981	The comptroller shall report the violation or transaction to:
2982	2982	(1) the applicable certified educational assistance
2983	2983	organization;
2984	2984	(2) the education service provider or vendor of
2985	2985	educational products, as applicable; and
2986	2986	(3) the participating parent of each participating
2987	2987	child who is affected by the violation or transaction.
2988	2988	Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
2989	2989	shall suspend the account of a program participant who fails to
2990	2990	remain in good standing by complying with applicable law or a
2991	2991	requirement of the program.
2992	2992	(b) On suspension of an account under Subsection (a), the
2993	2993	comptroller shall notify the participating parent in writing that
2994	2994	the account of the parent's child has been suspended and that no
2995	2995	additional payments may be made from the account. The notification
2996	2996	must specify the grounds for the suspension and state that the
2997	2997	participating parent has 30 days to respond and take any corrective
2998	2998	action required by the comptroller.
2999	2999	(c) On the expiration of the 30-day period under Subsection
3000	3000	(b), the comptroller shall:
3001	3001	(1) order closure of the suspended account;
3002	3002	(2) order temporary reinstatement of the account,
3003	3003	conditioned on the performance of a specified action by the program
3004	3004	participant; or
3005	3005	(3) order full reinstatement of the account.
3006	3006	(d) The comptroller may recover money distributed under the
3007	3007	program that was used for expenses not allowed under Section
3008	3008	29.359, for a child who was not eligible to participate in the
3009	3009	program at the time of the expenditure, or from an education service
3010	3010	provider or vendor of educational products that was not approved at
3011	3011	the time of the expenditure. The money may be recovered from the
3012	3012	program participant or the education service provider or vendor of
3013	3013	educational products that received the money if the participating
3014	3014	child's account is suspended or closed under this section. Failure
3015	3015	to reimburse the state on demand by the comptroller constitutes a
3016	3016	debt to the state for purposes of Section 403.055, Government Code.
3017	3017	The comptroller shall deposit money recovered under this subsection
3018	3018	into the program fund.
3019	3019	Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
3020	3020	education service provider or vendor of educational products may
3021	3021	not charge a participating child an amount greater than the
3022	3022	standard amount charged for that service or product by the provider
3023	3023	or vendor.
3024	3024	(b) An education service provider or vendor of educational
3025	3025	products receiving money distributed under the program may not in
3026	3026	any manner rebate, refund, or credit to or share with a program
3027	3027	participant, or any person on behalf of a participant, any program
3028	3028	money paid or owed by the participant to the provider or vendor.
3029	3029	Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
3030	3030	comptroller obtains evidence of fraudulent use of an account or
3031	3031	money distributed under the program or any other violation of law by
3032	3032	a certified educational assistance organization, program
3033	3033	participant, or education service provider or vendor of educational
3034	3034	products, the comptroller shall notify the appropriate local county
3035	3035	or district attorney with jurisdiction over, as applicable:
3036	3036	(1) the principal place of business of the
3037	3037	organization or provider or vendor; or
3038	3038	(2) the residence of the program participant.
3039	3039	Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) Each certified
3040	3040	educational assistance organization designated under Section
3041	3041	29.356(a) shall post on the organization's Internet website and
3042	3042	provide to each parent who submits an application for the program a
3043	3043	notice that:
3044	3044	(1) states that a private school is not subject to
3045	3045	federal and state laws regarding the provision of educational
3046	3046	services to a child with a disability in the same manner as a public
3047	3047	school; and
3048	3048	(2) provides information regarding rights to which a
3049	3049	child with a disability is entitled under federal and state law if
3050	3050	the child attends a public school, including:
3051	3051	(A) rights provided under the Individuals with
3052	3052	Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
3053	3053	(B) rights provided under Subchapter A.
3054	3054	(b) A private school in which a participating child with a
3055	3055	disability enrolls shall provide to the participating parent a copy
3056	3056	of the notice required under Subsection (a).
3057	3057	Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
3058	3058	AUTONOMY. (a) An education service provider or vendor of
3059	3059	educational products that receives money distributed under the
3060	3060	program is not a recipient of federal financial assistance and may
3061	3061	not be considered to be an agent of state government on the basis of
3062	3062	receiving that money.
3063	3063	(b) A rule adopted or other action taken related to the
3064	3064	program may not limit the ability of an education service provider,
3065	3065	vendor of educational products, or program participant to:
3066	3066	(1) determine:
3067	3067	(A) the methods of instruction or curriculum used
3068	3068	to educate students;
3069	3069	(B) admissions and enrollment practices,
3070	3070	policies, and standards; or
3071	3071	(C) employment practices, policies, and
3072	3072	standards; or
3073	3073	(2) exercise the provider's, vendor's, or
3074	3074	participant's religious or institutional practices as determined
3075	3075	by the provider, vendor, or participant.
3076	3076	Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
3077	3077	request by the parent of a child participating or seeking to
3078	3078	participate in the program, the school district or open-enrollment
3079	3079	charter school that the child would otherwise attend shall provide
3080	3080	a copy of the child's school records possessed by the district or
3081	3081	school, if any, to the child's parent or, if applicable, the private
3082	3082	school the child attends.
3083	3083	(b) As necessary to verify a child's eligibility for the
3084	3084	program, the agency, a school district, or an open-enrollment
3085	3085	charter school shall provide to the applicable certified
3086	3086	educational assistance organization any information available to
3087	3087	the agency, district, or school requested by the organization
3088	3088	regarding a child who participates or seeks to participate in the
3089	3089	program, including information regarding:
3090	3090	(1) the child's public school enrollment status; and
3091	3091	(2) whether the child:
3092	3092	(A) is a child with a disability; or
3093	3093	(B) can be counted toward a public school's
3094	3094	average daily attendance for purposes of the allocation of funding
3095	3095	under the foundation school program.
3096	3096	(c) A certified educational assistance organization may not
3097	3097	retain information provided under Subsection (b) beyond the period
3098	3098	necessary to determine a child's eligibility to participate in the
3099	3099	program.
3100	3100	(d) A certified educational assistance organization or an
3101	3101	education service provider or vendor of educational products that
3102	3102	obtains information regarding a participating child:
3103	3103	(1) shall comply with state and federal law regarding
3104	3104	the confidentiality of student educational information; and
3105	3105	(2) may not sell or otherwise distribute information
3106	3106	regarding a child participating in the program.
3107	3107	Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
3108	3108	and a certified educational assistance organization may solicit and
3109	3109	accept gifts, grants, and donations from any public or private
3110	3110	source for any expenses related to the administration of the
3111	3111	program, including establishing the program and contracting for the
3112	3112	report required under Section 29.372.
3113	3113	Sec. 29.371. ADMINISTRATION OF ASSESSMENT INSTRUMENTS. (a)
3114	3114	The agency shall ensure that each participating child is annually
3115	3115	administered:
3116	3116	(1) each assessment instrument required to be
3117	3117	administered to a public school student at the child's grade and
3118	3118	course level under Section 39.023(a) or (c), subject to any
3119	3119	applicable exemptions or accommodations provided under Subchapter
3120	3120	B, Chapter 39; or
3121	3121	(2) a nationally norm-referenced assessment
3122	3122	instrument that assesses student performance in an equivalent
3123	3123	manner to the applicable assessment instruments described by
3124	3124	Subdivision (1).
3125	3125	(b) For purposes of the annual report required under Section
3126	3126	29.372, the agency shall provide to the comptroller the results of
3127	3127	the assessment instruments administered under this section, in
3128	3128	aggregate and disaggregated by race, ethnicity, socioeconomic
3129	3129	status, and status as a child with a disability. A child's results
3130	3130	on an assessment instrument administered under this section are
3131	3131	confidential, are not subject to disclosure under Chapter 552,
3132	3132	Government Code, and may only be shared as necessary to develop the
3133	3133	annual report required under Section 29.372 of this subchapter. In
3134	3134	providing the results of the assessment instruments, the agency
3135	3135	shall ensure compliance with state and federal law regarding the
3136	3136	confidentiality of student educational information, including the
3137	3137	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
3138	3138	Section 1232g).
3139	3139	(c) The agency shall require a regional education service
3140	3140	center to administer assessment instruments under this section.
3141	3141	(d) A school district may administer assessment instruments
3142	3142	under this section.
3143	3143	(e) If authorized by the agency, a private school may, but
3144	3144	is not required to, administer assessment instruments under this
3145	3145	section in accordance with agency rule.
3146	3146	Sec. 29.372. ANNUAL REPORT. (a) The comptroller shall
3147	3147	require that the certified educational assistance organizations
3148	3148	collaborate to compile program data and produce an annual
3149	3149	longitudinal report regarding:
3150	3150	(1) the number of program applications received,
3151	3151	accepted, and wait-listed, disaggregated by age;
3152	3152	(2) program participant satisfaction;
3153	3153	(3) the results of assessment instruments provided in
3154	3154	accordance with Section 29.371;
3155	3155	(4) the effect of the program on public and private
3156	3156	school capacity and availability;
3157	3157	(5) the amount of cost savings accruing to the state as
3158	3158	a result of the program;
3159	3159	(6) in a report submitted in an even-numbered year
3160	3160	only, an estimate of the total amount of funding required for the
3161	3161	program for the next state fiscal biennium;
3162	3162	(7) the amount of gifts, grants, and donations
3163	3163	received under Section 29.370; and
3164	3164	(8) based on surveys of former program participants or
3165	3165	other sources available to the organizations, the number and
3166	3166	percentage of participating children who, within one year after
3167	3167	graduating from high school, are:
3168	3168	(A) college ready, as indicated by earning a
3169	3169	minimum of 12 non-remedial semester credit hours or the equivalent
3170	3170	or an associate degree from a postsecondary educational
3171	3171	institution;
3172	3172	(B) career ready, as indicated by:
3173	3173	(i) earning a credential of value included
3174	3174	in a library of credentials established under Section 2308A.007,
3175	3175	Government Code; or
3176	3176	(ii) employment at or above the median wage
3177	3177	in the child's region; or
3178	3178	(C) military ready, as indicated by achieving a
3179	3179	passing score set by the applicable military branch on the Armed
3180	3180	Services Vocational Aptitude Battery and enlisting in the armed
3181	3181	forces of the United States or the Texas National Guard.
3182	3182	(b) In producing the report, the certified educational
3183	3183	assistance organizations shall:
3184	3184	(1) use appropriate analytical and behavioral science
3185	3185	methodologies to ensure public confidence in the report; and
3186	3186	(2) comply with the requirements regarding the
3187	3187	confidentiality of student educational information under the
3188	3188	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
3189	3189	Section 1232g).
3190	3190	(c) The report must cover a period of not less than five
3191	3191	years and include, subject to Subsection (b)(2), the data analyzed
3192	3192	and methodology used.
3193	3193	(d) The comptroller and the applicable certified
3194	3194	educational assistance organizations shall post the report on the
3195	3195	comptroller's and organization's respective Internet websites.
3196	3196	Sec. 29.373. RULES; PROCEDURES. The comptroller shall
3197	3197	adopt rules and procedures as necessary to implement, administer,
3198	3198	and enforce this subchapter.
3199	3199	Sec. 29.374. APPEAL; FINALITY OF DECISIONS. (a) A program
3200	3200	participant may appeal to the comptroller an administrative
3201	3201	decision made by a certified educational assistance organization
3202	3202	under this subchapter, including a decision regarding eligibility,
3203	3203	allowable expenses, or the participant's removal from the program.
3204	3204	(b) This subchapter may not be construed to confer a
3205	3205	property right on a certified educational assistance organization,
3206	3206	education service provider, vendor of educational products, or
3207	3207	program participant.
3208	3208	(c) A decision of the comptroller made under this subchapter
3209	3209	is final and not subject to appeal.
3210	3210	Sec. 29.375. SUNSET REVIEW OF PROGRAM. The Sunset Advisory
3211	3211	Commission's review of the agency under Chapter 325, Government
3212	3212	Code (Texas Sunset Act), must include a review of the program.
3213	3213	SECTION 6.02. Section 22.092(d), Education Code, is amended
3214	3214	to read as follows:
3215	3215	(d) The agency shall provide equivalent access to the
3216	3216	registry maintained under this section to:
3217	3217	(1) private schools;
3218	3218	(2) public schools; [and]
3219	3219	(3) nonprofit teacher organizations approved by the
3220	3220	commissioner for the purpose of participating in the tutoring
3221	3221	program established under Section 33.913; and
3222	3222	(4) the comptroller for the purpose of preapproving
3223	3223	education service providers and vendors of educational products
3224	3224	under Section 29.358 for participation in the program established
3225	3225	under Subchapter J, Chapter 29.
3226	3226	SECTION 6.03. Section 411.109, Government Code, is amended
3227	3227	by adding Subsection (b-1) and amending Subsection (c) to read as
3228	3228	follows:
3229	3229	(b-1) The comptroller is entitled to obtain criminal
3230	3230	history record information as provided by Subsection (c) about a
3231	3231	person who is a private tutor, a therapist, or an employee of a
3232	3232	teaching service or school who intends to provide educational
3233	3233	services to a child participating in the program established under
3234	3234	Subchapter J, Chapter 29, Education Code, and is seeking approval
3235	3235	to receive money distributed under that program.
3236	3236	(c) Subject to Section 411.087 and consistent with the
3237	3237	public policy of this state, the comptroller is entitled to:
3238	3238	(1) obtain through the Federal Bureau of Investigation
3239	3239	criminal history record information maintained or indexed by that
3240	3240	bureau that pertains to a person described by Subsection (a), [or]
3241	3241	(b), or (b-1); and
3242	3242	(2) obtain from the department or any other criminal
3243	3243	justice agency in this state criminal history record information
3244	3244	maintained by the department or that criminal justice agency that
3245	3245	relates to a person described by Subsection (a), [or] (b), or (b-1).
3246	3246	SECTION 6.04. Subchapter J, Chapter 29, Education Code, as
3247	3247	added by this article, applies beginning with the 2024-2025 school
3248	3248	year.
3249	3249	SECTION 6.05. Not later than May 15, 2024, the comptroller
3250	3250	of public accounts shall adopt rules as provided by Section 29.373,
3251	3251	Education Code, as added by this article.
3252	3252	SECTION 6.06. (a) The constitutionality and other validity
3253	3253	under the state or federal constitution of all or any part of
3254	3254	Subchapter J, Chapter 29, Education Code, as added by this article,
3255	3255	may be determined in an action for declaratory judgment under
3256	3256	Chapter 37, Civil Practice and Remedies Code, in a district court in
3257	3257	Travis County.
3258	3258	(b) An order, however characterized, of a trial court
3259	3259	granting or denying a temporary or otherwise interlocutory
3260	3260	injunction or a permanent injunction on the grounds of the
3261	3261	constitutionality or unconstitutionality, or other validity or
3262	3262	invalidity, under the state or federal constitution of all or any
3263	3263	part of Subchapter J, Chapter 29, Education Code, as added by this
3264	3264	article, may be reviewed only by direct appeal to the Texas Supreme
3265	3265	Court filed not later than the 15th day after the date on which the
3266	3266	order was entered. The Texas Supreme Court shall give precedence to
3267	3267	appeals under this section over other matters.
3268	3268	(c) The direct appeal is an accelerated appeal.
3269	3269	(d) This section exercises the authority granted by Section
3270	3270	3-b, Article V, Texas Constitution.
3271	3271	(e) The filing of a direct appeal under this section will
3272	3272	automatically stay any temporary or otherwise interlocutory
3273	3273	injunction or permanent injunction granted in accordance with this
3274	3274	section pending final determination by the Texas Supreme Court,
3275	3275	unless the supreme court makes specific findings that the applicant
3276	3276	seeking such injunctive relief has pleaded and proved that:
3277	3277	(1) the applicant has a probable right to the relief it
3278	3278	seeks on final hearing;
3279	3279	(2) the applicant will suffer a probable injury that
3280	3280	is imminent and irreparable, and that the applicant has no other
3281	3281	adequate legal remedy; and
3282	3282	(3) maintaining the injunction is in the public
3283	3283	interest.
3284	3284	(f) An appeal under this section, including an
3285	3285	interlocutory, accelerated, or direct appeal, is governed, as
3286	3286	applicable, by the Texas Rules of Appellate Procedure, including
3287	3287	Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
3288	3288	40.1(b), and 49.4.
3289	3289	(g) This section does not authorize an award of attorney's
3290	3290	fees against this state, and Section 37.009, Civil Practice and
3291	3291	Remedies Code, does not apply to an action filed under this section.
3292	3292	SECTION 6.07. It is the intent of the legislature that every
3293	3293	provision, section, subsection, sentence, clause, phrase, or word
3294	3294	in this article, and every application of the provisions in this
3295	3295	article to each person or entity, is severable from each other. If
3296	3296	any application of any provision in this article to any person,
3297	3297	group of persons, or circumstances is found by a court to be invalid
3298	3298	for any reason, the remaining applications of that provision to all
3299	3299	other persons and circumstances shall be severed and may not be
3300	3300	affected.
3301	3301	SECTION 6.08. This article takes effect immediately if this
3302	3302	Act receives a vote of two-thirds of all the members elected to each
3303	3303	house, as provided by Section 39, Article III, Texas Constitution.
3304	3304	If this Act does not receive the vote necessary for immediate
3305	3305	effect, this article takes effect on the 91st day after the last day
3306	3306	of the legislative session.
3307	3307	ARTICLE 7. CHANGES RELATED TO PUBLIC SCHOOLS GENERALLY
3308	3308	SECTION 7.01. Subchapter Z, Chapter 25, Education Code, is
3309	3309	amended by adding Section 25.906 to read as follows:
3310	3310	Sec. 25.906. PROTECTIONS FOR CERTAIN MILITARY DEPENDENTS.
3311	3311	(a) In this section:
3312	3312	(1) "Compact" means the Interstate Compact on
3313	3313	Educational Opportunity for Military Children executed under
3314	3314	Section 162.002.
3315	3315	(2) "Uniformed services" means:
3316	3316	(A) the United States Army, Navy, Air Force,
3317	3317	Space Force, Marine Corps, or Coast Guard;
3318	3318	(B) the Commissioned Officer Corps of the
3319	3319	National Oceanic and Atmospheric Administration; or
3320	3320	(C) the Commissioned Corps of the United States
3321	3321	Public Health Service.
3322	3322	(b) The provisions of Articles IV, V, VI, and VII of the
3323	3323	compact apply to the following children as if those children were
3324	3324	children described by Article III of the compact:
3325	3325	(1) a child of a veteran of the uniformed services who
3326	3326	was discharged or released through retirement, for a period of four
3327	3327	years after the date of the veteran's retirement, if the veteran
3328	3328	returns to the veteran's home of record on military orders; and
3329	3329	(2) a child of a member of the uniformed services who
3330	3330	dies on active duty or as a result of injuries sustained on active
3331	3331	duty, for a period of four years after the member's death.
3332	3332	(c) Each school district and open-enrollment charter school
3333	3333	that maintains an Internet website shall post on the district's or
3334	3334	school's Internet website an easily accessible link to information
3335	3335	regarding the compact and the additional protections provided by
3336	3336	this section.
3337	3337	SECTION 7.02. Section 26.002, Education Code, is amended to
3338	3338	read as follows:
3339	3339	Sec. 26.002. DEFINITIONS [DEFINITION]. In this chapter:
3340	3340	(1) "Benchmark assessment" includes a benchmark
3341	3341	assessment instrument as defined by Section 39.0263(a) and a
3342	3342	district-required assessment designed to evaluate students against
3343	3343	a set of national or state comparison points.
3344	3344	(2) "Parent" [, "parent"] includes a person standing
3345	3345	in parental relation. The term does not include a person as to whom
3346	3346	the parent-child relationship has been terminated or a person not
3347	3347	entitled to possession of or access to a child under a court order.
3348	3348	Except as provided by federal law, all rights of a parent under
3349	3349	Title 2 of this code and all educational rights under Section
3350	3350	151.001(a)(10), Family Code, shall be exercised by a student who is
3351	3351	18 years of age or older or whose disabilities of minority have been
3352	3352	removed for general purposes under Chapter 31, Family Code, unless
3353	3353	the student has been determined to be incompetent or the student's
3354	3354	rights have been otherwise restricted by a court order.
3355	3355	(3) "Test" includes a benchmark assessment.
3356	3356	SECTION 7.03. Chapter 26, Education Code, is amended by
3357	3357	adding Section 26.0062 to read as follows:
3358	3358	Sec. 26.0062. NOTICE REGARDING BENCHMARK ASSESSMENT
3359	3359	RESULTS. A school district shall report in writing to each
3360	3360	student's parent the results of a benchmark assessment administered
3361	3361	to the student not later than the 30th calendar day after the date
3362	3362	on which the results of the assessment are available. The results
3363	3363	may be made available to the parent through a parent portal.
3364	3364	SECTION 7.04. Section 28.006, Education Code, is amended by
3365	3365	amending Subsections (a), (b), (c), (c-1), (c-2), (c-3), and (j)
3366	3366	and adding Subsections (a-1), (b-2), (b-3), (b-4), (d-1), (g-3),
3367	3367	(g-4), (g-5), (g-6), (n), and (o) to read as follows:
3368	3368	(a) The commissioner shall adopt procedures [develop
3369	3369	recommendations] for school districts and open-enrollment charter
3370	3370	schools for:
3371	3371	(1) administering reading instruments to:
3372	3372	(A) ensure the results of the reading instruments
3373	3373	are valid, reliable, and equated;
3374	3374	(B) diagnose student reading development and
3375	3375	comprehension; and
3376	3376	(C) identify students at risk for dyslexia or
3377	3377	other reading difficulties;
3378	3378	(2) training educators in administering the reading
3379	3379	instruments; and
3380	3380	(3) applying the results of the reading instruments to
3381	3381	the instructional program and intervention practices.
3382	3382	(a-1) A school district or open-enrollment charter school
3383	3383	may not administer a reading instrument to a student more than three
3384	3384	times during a school year.
3385	3385	(b) The commissioner shall adopt a comprehensive list of
3386	3386	reading instruments that a school district or open-enrollment
3387	3387	charter school shall select from for [may] use in diagnosing [to
3388	3388	diagnose student] reading development and comprehension for
3389	3389	students who are enrolled in kindergarten through third grade. A
3390	3390	reading instrument included on the commissioner's list must include
3391	3391	the foundational literacy components of phonemic and phonological
3392	3392	awareness, phonics, vocabulary, fluency, and comprehension. For
3393	3393	use in diagnosing the reading development and comprehension of
3394	3394	kindergarten students, the commissioner shall adopt [a]
3395	3395	multidimensional assessment tools [tool] that include [includes a]
3396	3396	reading instruments that test [instrument and tests] at least three
3397	3397	developmental skills, including the foundational literacy
3398	3398	components. A multidimensional assessment tool administered as
3399	3399	provided by this subsection is considered to be a reading
3400	3400	instrument for purposes of this section. A school district or
3401	3401	open-enrollment charter school [district-level committee
3402	3402	established under Subchapter F, Chapter 11,] may use other [adopt a
3403	3403	list of] reading instruments, subject to Subsection (b-4), [for use
3404	3404	in the district in a grade level other than kindergarten] in
3405	3405	addition to the reading instruments included on the commissioner's
3406	3406	list. Each reading instrument included on the list adopted by the
3407	3407	commissioner or administered by a school district or
3408	3408	open-enrollment charter school [or a district-level committee]
3409	3409	must:
3410	3410	(1) be based on scientific research concerning reading
3411	3411	skills development and reading comprehension;
3412	3412	(2) [. A list of reading instruments adopted under
3413	3413	this subsection must] provide for diagnosing the reading
3414	3414	development and comprehension of students participating in a
3415	3415	program under Subchapter B, Chapter 29;
3416	3416	(3) provide progress monitoring capabilities;
3417	3417	(4) provide a diagnostic tool to assist teachers in
3418	3418	developing research-based targeted instruction;
3419	3419	(5) allow screening of students three times each
3420	3420	school year;
3421	3421	(6) assess only foundational literacy components not
3422	3422	already mastered by the student; and
3423	3423	(7) assess whether a student needs reading instruction
3424	3424	intervention.
3425	3425	(b-2) The commissioner shall include on the commissioner's
3426	3426	list any reading instrument that is:
3427	3427	(1) based on scientific research concerning reading
3428	3428	skills development and reading comprehension; and
3429	3429	(2) submitted for inclusion on the list under
3430	3430	Subsection (b-4).
3431	3431	(b-3) The commissioner shall update the list of reading
3432	3432	instruments at least once every four years, including
3433	3433	multidimensional assessment tools authorized under this section.
3434	3434	(b-4) A school district or open-enrollment charter school
3435	3435	that uses one or more reading instruments not included on the
3436	3436	commissioner's list in accordance with Subsection (b) must submit
3437	3437	the instrument to the commissioner to verify the instrument
3438	3438	satisfies the requirements of this section. The commissioner shall
3439	3439	place on the commissioner's list a reading instrument that
3440	3440	satisfies the requirements of this section.
3441	3441	(c) Each school district and open-enrollment charter school
3442	3442	shall administer, at the first and second grade levels, a reading
3443	3443	instrument that is based on scientific research concerning reading
3444	3444	skills development and reading comprehension included on the list
3445	3445	adopted by the commissioner [or by the district-level
3446	3446	committee]. The district or school shall administer the reading
3447	3447	instrument in accordance with the commissioner's recommendations
3448	3448	under Subsection (a)(1).
3449	3449	(c-1) Each school district and open-enrollment charter
3450	3450	school shall administer at the beginning of the seventh grade a
3451	3451	reading instrument included on the list adopted by the commissioner
3452	3452	to each student whose performance on the assessment instrument in
3453	3453	reading administered under Section 39.023(a) to the student in
3454	3454	grade six did not demonstrate reading proficiency, as determined by
3455	3455	the commissioner. The district or school shall administer the
3456	3456	reading instrument in accordance with the commissioner's policies
3457	3457	adopted [recommendations] under Subsection (a)(1).
3458	3458	(c-2) Each school district and open-enrollment charter
3459	3459	school shall administer at the kindergarten level a reading
3460	3460	instrument included on the list adopted by the commissioner [under
3461	3461	Subsection (b) or approved by the commissioner under Subsection
3462	3462	(b-1)]. The district or school shall administer the reading
3463	3463	instrument in accordance with the commissioner's policies adopted
3464	3464	[recommendations] under Subsection (a)(1).
3465	3465	(c-3) The commissioner by rule shall determine the
3466	3466	performance on a [the] reading instrument adopted under Subsection
3467	3467	(b) that indicates kindergarten readiness.
3468	3468	(d-1) The commissioner shall prominently display on the
3469	3469	agency's Internet website information regarding the commissioner's
3470	3470	list of reading instruments maintained under this section and the
3471	3471	process for applying for inclusion on the list, as provided by
3472	3472	agency rule adopted under Subsection (n).
3473	3473	(g-3) A school district or open-enrollment charter school
3474	3474	shall provide reading intervention to each student in kindergarten
3475	3475	through grade three who is determined to need reading intervention
3476	3476	using an assessment administered in accordance with Subsection (b).
3477	3477	The school district shall continue to offer a student reading
3478	3478	intervention until the student achieves satisfactory performance
3479	3479	on a reading instrument. A reading intervention program offered
3480	3480	under this subsection must:
3481	3481	(1) include targeted instruction to improve the
3482	3482	student's reading skills in the relevant areas identified through
3483	3483	the assessment instrument;
3484	3484	(2) monitor the progress of the student's reading
3485	3485	skills throughout the school year;
3486	3486	(3) be implemented during regular school hours and in
3487	3487	addition to core instruction;
3488	3488	(4) use high-quality instructional materials,
3489	3489	curricula, and curricular tools that are research based and
3490	3490	effective for early childhood literacy intervention; and
3491	3491	(5) be provided by a teacher who has attended a
3492	3492	literacy achievement academy provided under Section 21.4552.
3493	3493	(g-4) In providing reading intervention under Subsection
3494	3494	(g-3), a school district or open-enrollment charter school may not
3495	3495	remove a student, except under circumstances for which a student
3496	3496	enrolled in the same grade level who is not receiving reading
3497	3497	intervention would be removed, from:
3498	3498	(1) instruction in the foundation curriculum and
3499	3499	enrichment curriculum adopted under Section 28.002 for the grade
3500	3500	level in which the student is enrolled; or
3501	3501	(2) recess or other physical activity that is
3502	3502	available to other students enrolled in the same grade level.
3503	3503	(g-5) In addition to the report required under Subsection
3504	3504	(d)(2), a school district or open-enrollment charter school shall
3505	3505	notify the parent or guardian of each student in kindergarten
3506	3506	through grade three who is determined to need reading intervention.
3507	3507	The notification must:
3508	3508	(1) be distributed not later than the 30th day after
3509	3509	the date the result of the reading instrument indicating that the
3510	3510	student needs intervention is available;
3511	3511	(2) describe the current reading services the district
3512	3512	or school provides to the student;
3513	3513	(3) describe the reading interventions that will be
3514	3514	provided to the student to ensure the student will meet or exceed
3515	3515	grade-level reading standards; and
3516	3516	(4) include high-quality resources for the parent or
3517	3517	guardian of the student to use at home to help the student succeed
3518	3518	at reading.
3519	3519	(g-6) From funds appropriated for teacher literacy
3520	3520	achievement academies developed under Section 21.4552, the
3521	3521	commissioner may, in collaboration with regional education service
3522	3522	centers, provide assistance to school districts and
3523	3523	open-enrollment charter schools in complying with the requirements
3524	3524	of Section 28.0062. The commissioner shall prioritize providing
3525	3525	assistance under this subsection in school districts with the
3526	3526	highest rate of students performing below satisfactory levels on
3527	3527	reading instruments administered under Subsection (b).
3528	3528	(j) [No more than 15 percent of the funds certified by the
3529	3529	commissioner under Subsection (i) may be spent on indirect costs.]
3530	3530	The commissioner shall evaluate the programs that fail to meet the
3531	3531	standard of performance under Section 39.301(c)(5) and may
3532	3532	implement interventions or sanctions under Chapter 39A. [The
3533	3533	commissioner may audit the expenditures of funds appropriated for
3534	3534	purposes of this section. The use of the funds appropriated for
3535	3535	purposes of this section shall be verified as part of the district
3536	3536	audit under Section 44.008.]
3537	3537	(n) The agency by rule shall provide a process under which a
3538	3538	school district or open-enrollment charter school may submit an
3539	3539	application for inclusion of a reading instrument on the
3540	3540	commissioner's list of reading instruments maintained under this
3541	3541	section.
3542	3542	(o) The agency may not use data collected from a reading
3543	3543	instrument administered under this section in evaluating the
3544	3544	performance of a school district or campus under Section 39.054.
3545	3545	SECTION 7.05. Subchapter A, Chapter 28, Education Code, is
3546	3546	amended by adding Section 28.0063 to read as follows:
3547	3547	Sec. 28.0063. SUPPLEMENTAL READING INSTRUCTION FOR CERTAIN
3548	3548	STUDENTS. (a) A school district or open-enrollment charter school
3549	3549	shall make available supplemental instruction described by Section
3550	3550	28.0211(a-4) to address a student's reading deficiency if the
3551	3551	student's results on both of the reading assessments administered
3552	3552	under Section 28.006 in two consecutive school years indicate the
3553	3553	student needs reading intervention.
3554	3554	(b) A parent or guardian of a student described by
3555	3555	Subsection (a) may select a tutor from a list of high-quality tutors
3556	3556	approved by the agency or by the school district or open-enrollment
3557	3557	charter school the student attends to provide the supplemental
3558	3558	instruction required under Subsection (a). The district or school
3559	3559	shall contract directly with the tutor selected, who may be a
3560	3560	classroom teacher employed at the district or school. A classroom
3561	3561	teacher selected as a student's tutor is entitled to supplemental
3562	3562	pay from the district or school. The district or school may not
3563	3563	provide money under this subsection directly to a parent or
3564	3564	guardian of a student.
3565	3565	(c) A school district or open-enrollment charter school
3566	3566	shall submit to the agency the district's or school's list of
3567	3567	high-quality tutors and publish the list on the district's or
3568	3568	school's Internet website.
3569	3569	(d) A school district or open-enrollment charter school
3570	3570	that provides a tutor to a student under this section shall continue
3571	3571	to provide the student any other reading support required of the
3572	3572	district or school by federal or state law.
3573	3573	SECTION 7.06. Section 28.009, Education Code, is amended by
3574	3574	amending Subsection (a) and adding Subsection (a-6) to read as
3575	3575	follows:
3576	3576	(a) Each school district shall implement a program under
3577	3577	which students may earn the equivalent of at least 12 semester
3578	3578	credit hours of college credit in high school. On request, a public
3579	3579	institution of higher education in this state shall assist a school
3580	3580	district in developing and implementing the program. The college
3581	3581	credit may be earned through:
3582	3582	(1) international baccalaureate, advanced placement,
3583	3583	or dual credit courses, including courses provided through OnRamps;
3584	3584	(2) articulated postsecondary courses provided for
3585	3585	local credit or articulated postsecondary advanced technical
3586	3586	credit courses provided for state credit; or
3587	3587	(3) any combination of the courses described by
3588	3588	Subdivisions (1) and (2).
3589	3589	(a-6) Each school district shall report through the Public
3590	3590	Education Information Management System (PEIMS) the number of
3591	3591	district students who, during that school year, were enrolled in an
3592	3592	OnRamps course and provide the name of the OnRamps courses in which
3593	3593	the students were enrolled. The commissioner shall establish a
3594	3594	unique identifier in PEIMS for each OnRamps course offered.
3595	3595	SECTION 7.07. Subchapter E, Chapter 29, Education Code, is
3596	3596	amended by adding Section 29.1537 to read as follows:
3597	3597	Sec. 29.1537. PREKINDERGARTEN COMMUNITY-BASED CHILD-CARE
3598	3598	PARTNERSHIP GRANT PROGRAM. (a) The commissioner shall establish
3599	3599	and administer a grant program to support school districts and
3600	3600	open-enrollment charter schools in increasing partnerships with
3601	3601	community-based child-care providers to provide prekindergarten
3602	3602	classes under Section 29.153.
3603	3603	(b) A school district or open-enrollment charter school may
3604	3604	apply for a grant under the grant program in partnership with a
3605	3605	community-based child-care provider described by Section
3606	3606	29.153(g).
3607	3607	(c) A school district or open-enrollment charter school
3608	3608	shall use money received under the grant program to fund the
3609	3609	enrollment of eligible children in prekindergarten classes
3610	3610	provided under Section 29.153 through a partnership between the
3611	3611	district or school and a community-based child-care provider
3612	3612	described by Section 29.153(g). A child is eligible for enrollment
3613	3613	in a prekindergarten class described by this subsection using money
3614	3614	received under the grant program if the child:
3615	3615	(1) is at least three years of age; and
3616	3616	(2) receives subsidized child-care services provided
3617	3617	through the child-care services program administered by the Texas
3618	3618	Workforce Commission.
3619	3619	(d) The commissioner may provide grants under the grant
3620	3620	program for the enrollment in each school year of not more than
3621	3621	3,500 children in a prekindergarten class described by Subsection
3622	3622	(c).
3623	3623	(e) The agency shall annually report to the legislature
3624	3624	regarding the number of children described by Subsection (c)
3625	3625	enrolled in a prekindergarten class.
3626	3626	SECTION 7.08. Section 29.1543, Education Code, is amended
3627	3627	to read as follows:
3628	3628	Sec. 29.1543. EARLY EDUCATION REPORTS. The agency shall
3629	3629	produce and make available to the public on the agency's Internet
3630	3630	website annual district and campus-level reports containing
3631	3631	information from the previous school year on early education in
3632	3632	school districts and open-enrollment charter schools. A report
3633	3633	under this section must contain:
3634	3634	(1) the information required by Section 29.1532(c) to
3635	3635	be reported through the Public Education Information Management
3636	3636	System (PEIMS);
3637	3637	(2) a description of any [the] diagnostic reading
3638	3638	instruments administered as provided by Section 28.006 [in
3639	3639	accordance with Section 28.006(c) or (c-2)];
3640	3640	(3) the number of students who were administered a
3641	3641	diagnostic reading instrument administered as provided by Section
3642	3642	28.006 [in accordance with Section 28.006(c) or (c-2)];
3643	3643	(4) the number of students whose scores from a
3644	3644	diagnostic reading instrument administered as provided by Section
3645	3645	28.006 [in accordance with Section 28.006(c) or (c-2)] indicate
3646	3646	reading proficiency;
3647	3647	(5) the number of kindergarten students who were
3648	3648	enrolled in a prekindergarten program in the previous school year
3649	3649	in the same district or school as the district or school in which
3650	3650	the student attends kindergarten;
3651	3651	(6) the number and percentage of students who perform
3652	3652	satisfactorily on the third grade reading or mathematics assessment
3653	3653	instrument administered under Section 39.023, disaggregated by
3654	3654	whether the student was eligible for free prekindergarten under
3655	3655	Section 29.153;
3656	3656	(7) the number of students described by Subdivision
3657	3657	(6) who attended kindergarten in the district, disaggregated by:
3658	3658	(A) whether the student met the kindergarten
3659	3659	readiness standard on a [the] reading instrument adopted under
3660	3660	Section 28.006;
3661	3661	(B) whether the student attended prekindergarten
3662	3662	in the district; and
3663	3663	(C) the type of prekindergarten the student
3664	3664	attended, if applicable; and
3665	3665	(8) the information described by Subdivisions (6) and
3666	3666	(7) disaggregated by whether the student is educationally
3667	3667	disadvantaged.
3668	3668	SECTION 7.09. Subchapter Z, Chapter 29, Education Code, is
3669	3669	amended by adding Section 29.9016 to read as follows:
3670	3670	Sec. 29.9016. CAREER AND MILITARY TECHNICAL GRANT PILOT
3671	3671	PROGRAM. (a) The agency shall establish a pilot program to award
3672	3672	grants to school districts to implement or maintain a program under
3673	3673	which the district:
3674	3674	(1) establishes a junior reserve officer training
3675	3675	corps program under 10 U.S.C. Section 2031 for students in high
3676	3676	school;
3677	3677	(2) annually administers the Armed Services
3678	3678	Vocational Aptitude Battery test to each student in grades 9
3679	3679	through 12; and
3680	3680	(3) provides career counseling at least once each year
3681	3681	to each student administered the test under Subdivision (2) based
3682	3682	on the results of the test.
3683	3683	(b) The amount of a grant awarded under the pilot program is
3684	3684	$50,000.
3685	3685	(c) The total amount of grants awarded under the pilot
3686	3686	program for a school year may not exceed $2 million.
3687	3687	(d) Not later than December 1, 2026, the agency shall submit
3688	3688	to the legislature a report on the results of the pilot program.
3689	3689	The report must include the agency's recommendation on whether the
3690	3690	pilot program should be continued, expanded, or terminated.
3691	3691	(e) The commissioner may adopt rules necessary to implement
3692	3692	the pilot program.
3693	3693	(f) This section expires September 1, 2027.
3694	3694	SECTION 7.10. Chapter 791, Government Code, is amended by
3695	3695	adding Subchapter D to read as follows:
3696	3696	SUBCHAPTER D. INTERLOCAL CONTRACTING BETWEEN LOCAL EDUCATION
3697	3697	AGENCIES TO PROCURE HEALTH INSURANCE COVERAGE
3698	3698	Sec. 791.051. DEFINITIONS. In this subchapter:
3699	3699	(1) "Cooperative" means a cooperative established
3700	3700	under this subchapter by an interlocal contract for group health
3701	3701	coverage.
3702	3702	(2) "Local education agency" means:
3703	3703	(A) a school district; or
3704	3704	(B) an open-enrollment charter school as defined
3705	3705	by Section 5.001, Education Code.
3706	3706	(3) "Participating local education agency" means,
3707	3707	with respect to a cooperative, a local education agency that
3708	3708	participates in the cooperative.
3709	3709	Sec. 791.052. COMPLIANCE WITH SUBCHAPTER REQUIRED. A local
3710	3710	education agency shall comply with this subchapter when procuring
3711	3711	and administering employee group health coverage with another local
3712	3712	education agency.
3713	3713	Sec. 791.053. INTERLOCAL CONTRACT FOR GROUP HEALTH
3714	3714	INSURANCE COVERAGE. (a) The governing body of a local education
3715	3715	agency may by resolution enter into an interlocal contract and
3716	3716	cooperate with one or more other local education agencies to
3717	3717	establish a cooperative for the purposes of procuring group health
3718	3718	insurance coverage under this subchapter.
3719	3719	(b) The governing body of a local education agency may renew
3720	3720	an interlocal contract entered into under Subsection (a).
3721	3721	(c) This subchapter does not affect the ability of local
3722	3722	education agencies to provide group health coverage through a risk
3723	3723	pool established in accordance with Chapter 172, Local Government
3724	3724	Code.
3725	3725	Sec. 791.054. COOPERATIVE. (a) A cooperative is a legal
3726	3726	entity that may procure employee group health insurance coverage
3727	3727	for each participating local education agency.
3728	3728	(b) Participating local education agencies may contract for
3729	3729	the supervision and administration of the cooperative in accordance
3730	3730	with Section 791.013.
3731	3731	(c) Except as provided by this subsection, a cooperative is
3732	3732	governed by a board of directors composed of the chief executive
3733	3733	officers of each participating local education agency or the
3734	3734	officers' designees. If the cooperative is composed of more than
3735	3735	seven local education agencies, the cooperative shall appoint at
3736	3736	least seven directors to serve on the cooperative's board of
3737	3737	directors.
3738	3738	Sec. 791.055. PROCUREMENT. (a) A cooperative must procure
3739	3739	a contract for employee group health coverage under this subchapter
3740	3740	through a request for proposals to potential vendors advertised in
3741	3741	a manner consistent with Section 44.031(g), Education Code, in at
3742	3742	least one county in which a participating local education agency's
3743	3743	central office is located.
3744	3744	(b) The board of directors of a cooperative shall select the
3745	3745	vendor that provides the best value to participating local
3746	3746	education agencies considering the factors described by Section
3747	3747	44.031(b), Education Code.
3748	3748	(c) A cooperative that enters into a contract in accordance
3749	3749	with this section satisfies a competitive bidding requirement
3750	3750	applicable to the procurement of group health coverage under other
3751	3751	law.
3752	3752	Sec. 791.056. OFFER OF COVERAGE; PREMIUM LIABILITY. (a) A
3753	3753	cooperative shall offer one or more group health insurance plans
3754	3754	procured under Section 791.055 to employees of participating local
3755	3755	education agencies and dependents of those employees.
3756	3756	(b) The board of directors of a cooperative may determine a
3757	3757	participating local education agency's payment of all or part of
3758	3758	the premiums for employees or dependents for a plan offered under
3759	3759	Subsection (a).
3760	3760	(c) A participating local education agency's payment:
3761	3761	(1) is subject to the requirements described by
3762	3762	Section 1581.052, Insurance Code; and
3763	3763	(2) shall include the contributions by the state
3764	3764	described by Subchapter F, Chapter 1579, Insurance Code.
3765	3765	SECTION 7.11. Section 28.006(b-1), Education Code, is
3766	3766	repealed.
3767	3767	SECTION 7.12. This article applies beginning with the
3768	3768	2024-2025 school year.
3769	3769	SECTION 7.13. This article takes effect on the 91st day
3770	3770	after the last day of the legislative session.
3771	3771	ARTICLE 8. VIRTUAL EDUCATION
3772	3772	SECTION 8.01. Section 1.001(b), Education Code, is amended
3773	3773	to read as follows:
3774	3774	(b) Except as provided by Chapter 18, Chapter 19, Subchapter
3775	3775	A of Chapter 29, or Subchapter E of Chapter 30, [or Chapter 30A,]
3776	3776	this code does not apply to students, facilities, or programs under
3777	3777	the jurisdiction of the Department of Aging and Disability
3778	3778	Services, the Department of State Health Services, the Health and
3779	3779	Human Services Commission, the Texas Juvenile Justice Department,
3780	3780	the Texas Department of Criminal Justice, a Job Corps program
3781	3781	operated by or under contract with the United States Department of
3782	3782	Labor, or any juvenile probation agency.
3783	3783	SECTION 8.02. Section 7.0561(f), Education Code, is amended
3784	3784	to read as follows:
3785	3785	(f) In consultation with interested school districts,
3786	3786	open-enrollment charter schools, and other appropriate interested
3787	3787	persons, the commissioner shall adopt rules applicable to the
3788	3788	consortium, according to the following principles for a next
3789	3789	generation of higher performing public schools:
3790	3790	(1) engagement of students in digital learning,
3791	3791	including engagement through the use of electronic textbooks and
3792	3792	instructional materials adopted under Subchapters B and B-1,
3793	3793	Chapter 31, and virtual or hybrid courses offered by school
3794	3794	districts and open-enrollment charter schools under Chapter 30B
3795	3795	[through the state virtual school network under Subchapter 30A];
3796	3796	(2) emphasis on learning standards that focus on
3797	3797	high-priority standards identified in coordination with districts
3798	3798	and charter schools participating in the consortium;
3799	3799	(3) use of multiple assessments of learning capable of
3800	3800	being used to inform students, parents, districts, and charter
3801	3801	schools on an ongoing basis concerning the extent to which learning
3802	3802	is occurring and the actions consortium participants are taking to
3803	3803	improve learning; and
3804	3804	(4) reliance on local control that enables communities
3805	3805	and parents to be involved in the important decisions regarding the
3806	3806	education of their children.
3807	3807	SECTION 8.03. Section 25.007(b), Education Code, is amended
3808	3808	to read as follows:
3809	3809	(b) In recognition of the challenges faced by students who
3810	3810	are homeless or in substitute care, the agency shall assist the
3811	3811	transition of students who are homeless or in substitute care from
3812	3812	one school to another by:
3813	3813	(1) ensuring that school records for a student who is
3814	3814	homeless or in substitute care are transferred to the student's new
3815	3815	school not later than the 10th working day after the date the
3816	3816	student begins enrollment at the school;
3817	3817	(2) developing systems to ease transition of a student
3818	3818	who is homeless or in substitute care during the first two weeks of
3819	3819	enrollment at a new school;
3820	3820	(3) developing procedures for awarding credit,
3821	3821	including partial credit if appropriate, for course work, including
3822	3822	electives, completed by a student who is homeless or in substitute
3823	3823	care while enrolled at another school;
3824	3824	(4) developing procedures to ensure that a new school
3825	3825	relies on decisions made by the previous school regarding placement
3826	3826	in courses or educational programs of a student who is homeless or
3827	3827	in substitute care and places the student in comparable courses or
3828	3828	educational programs at the new school, if those courses or
3829	3829	programs are available;
3830	3830	(5) promoting practices that facilitate access by a
3831	3831	student who is homeless or in substitute care to extracurricular
3832	3832	programs, summer programs, credit transfer services, virtual or
3833	3833	hybrid [electronic] courses provided under Chapter 30B [30A], and
3834	3834	after-school tutoring programs at nominal or no cost;
3835	3835	(6) establishing procedures to lessen the adverse
3836	3836	impact of the movement of a student who is homeless or in substitute
3837	3837	care to a new school;
3838	3838	(7) entering into a memorandum of understanding with
3839	3839	the Department of Family and Protective Services regarding the
3840	3840	exchange of information as appropriate to facilitate the transition
3841	3841	of students in substitute care from one school to another;
3842	3842	(8) encouraging school districts and open-enrollment
3843	3843	charter schools to provide services for a student who is homeless or
3844	3844	in substitute care in transition when applying for admission to
3845	3845	postsecondary study and when seeking sources of funding for
3846	3846	postsecondary study;
3847	3847	(9) requiring school districts, campuses, and
3848	3848	open-enrollment charter schools to accept a referral for special
3849	3849	education services made for a student who is homeless or in
3850	3850	substitute care by a school previously attended by the student, and
3851	3851	to provide comparable services to the student during the referral
3852	3852	process or until the new school develops an individualized
3853	3853	education program for the student;
3854	3854	(10) requiring school districts, campuses, and
3855	3855	open-enrollment charter schools to provide notice to the child's
3856	3856	educational decision-maker and caseworker regarding events that
3857	3857	may significantly impact the education of a child, including:
3858	3858	(A) requests or referrals for an evaluation under
3859	3859	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
3860	3860	special education under Section 29.003;
3861	3861	(B) admission, review, and dismissal committee
3862	3862	meetings;
3863	3863	(C) manifestation determination reviews required
3864	3864	by Section 37.004(b);
3865	3865	(D) any disciplinary actions under Chapter 37 for
3866	3866	which parental notice is required;
3867	3867	(E) citations issued for Class C misdemeanor
3868	3868	offenses on school property or at school-sponsored activities;
3869	3869	(F) reports of restraint and seclusion required
3870	3870	by Section 37.0021;
3871	3871	(G) use of corporal punishment as provided by
3872	3872	Section 37.0011; and
3873	3873	(H) appointment of a surrogate parent for the
3874	3874	child under Section 29.0151;
3875	3875	(11) developing procedures for allowing a student who
3876	3876	is homeless or in substitute care who was previously enrolled in a
3877	3877	course required for graduation the opportunity, to the extent
3878	3878	practicable, to complete the course, at no cost to the student,
3879	3879	before the beginning of the next school year;
3880	3880	(12) ensuring that a student who is homeless or in
3881	3881	substitute care who is not likely to receive a high school diploma
3882	3882	before the fifth school year following the student's enrollment in
3883	3883	grade nine, as determined by the district, has the student's course
3884	3884	credit accrual and personal graduation plan reviewed;
3885	3885	(13) ensuring that a student in substitute care who is
3886	3886	in grade 11 or 12 be provided information regarding tuition and fee
3887	3887	exemptions under Section 54.366 for dual-credit or other courses
3888	3888	provided by a public institution of higher education for which a
3889	3889	high school student may earn joint high school and college credit;
3890	3890	(14) designating at least one agency employee to act
3891	3891	as a liaison officer regarding educational issues related to
3892	3892	students in the conservatorship of the Department of Family and
3893	3893	Protective Services; and
3894	3894	(15) providing other assistance as identified by the
3895	3895	agency.
3896	3896	SECTION 8.04. The heading to Section 26.0031, Education
3897	3897	Code, is amended to read as follows:
3898	3898	Sec. 26.0031. RIGHTS CONCERNING [STATE] VIRTUAL AND HYBRID
3899	3899	COURSES [SCHOOL NETWORK].
3900	3900	SECTION 8.05. Section 26.0031, Education Code, is amended
3901	3901	by amending Subsections (a), (b), (c), (c-1), (d), and (e) and
3902	3902	adding Subsection (b-1) to read as follows:
3903	3903	(a) At the time and in the manner that a school district or
3904	3904	open-enrollment charter school informs students and parents about
3905	3905	courses that are offered in the district's or school's traditional
3906	3906	classroom setting, the district or school shall notify parents and
3907	3907	students of the option to enroll in a virtual or hybrid [an
3908	3908	electronic] course offered by the district or school in which the
3909	3909	student is enrolled or by another district or school [through the
3910	3910	state virtual school network] under Chapter 30B [30A].
3911	3911	(b) Except as provided by Subsection (c), a school district
3912	3912	or open-enrollment charter school in which a student is enrolled as
3913	3913	a full-time student may not deny the request of a parent of a
3914	3914	student to enroll the student in a virtual or hybrid [an electronic]
3915	3915	course offered by the district or school in which the student is
3916	3916	enrolled or by another district or school [through the state
3917	3917	virtual school network] under Chapter 30B [30A].
3918	3918	(b-1) A school district or open-enrollment charter school
3919	3919	may not actively discourage a student, including by threat or
3920	3920	intimidation, from enrolling in a virtual or hybrid course.
3921	3921	(c) A school district or open-enrollment charter school may
3922	3922	deny a request to enroll a student in a virtual or hybrid [an
3923	3923	electronic] course if:
3924	3924	(1) a student attempts to enroll in a course load that
3925	3925	is inconsistent with the student's high school graduation plan or
3926	3926	requirements for college admission or earning an industry
3927	3927	certification;
3928	3928	(2) the student requests permission to enroll in a
3929	3929	virtual or hybrid [an electronic] course at a time that is not
3930	3930	consistent with the enrollment period established by the school
3931	3931	district or open-enrollment charter school providing the course; or
3932	3932	(3) the district or school determines that the cost of
3933	3933	the course is too high [offers a substantially similar course].
3934	3934	(c-1) A school district or open-enrollment charter school
3935	3935	may decline to pay the cost for a student of more than three
3936	3936	yearlong virtual [electronic] courses, or the equivalent, during
3937	3937	any school year. This subsection does not:
3938	3938	(1) limit the ability of the student to enroll in
3939	3939	additional virtual [electronic] courses at the student's cost; or
3940	3940	(2) apply to a student enrolled in a full-time virtual
3941	3941	[online] program [that was operating on January 1, 2013].
3942	3942	(d) Notwithstanding Subsection (c)(2), a school district or
3943	3943	open-enrollment charter school that provides a virtual or hybrid
3944	3944	[an electronic] course [through the state virtual school network]
3945	3945	under Chapter 30B [30A] shall make all reasonable efforts to
3946	3946	accommodate the enrollment of a student in the course under special
3947	3947	circumstances.
3948	3948	(e) A school district or open-enrollment charter school
3949	3949	that denies a request to enroll a student in a virtual or hybrid
3950	3950	course under Subsection (c) must provide a written explanation of
3951	3951	the denial to the student and the student's parent. The written
3952	3952	explanation must provide notice of the student's ability to appeal
3953	3953	the decision and an explanation of the appeal process, including
3954	3954	the process of pursuing a final appeal heard by the board of
3955	3955	trustees of the district or the governing board of the school. A
3956	3956	determination made by the board of trustees of the school district
3957	3957	or the governing board of the open-enrollment charter school [A
3958	3958	parent may appeal to the commissioner a school district's or
3959	3959	open-enrollment charter school's decision to deny a request to
3960	3960	enroll a student in an electronic course offered through the state
3961	3961	virtual school network. The commissioner's decision] under this
3962	3962	subsection is final and may not be appealed.
3963	3963	SECTION 8.06. Subtitle F, Title 2, Education Code, is
3964	3964	amended by adding Chapter 30B to read as follows:
3965	3965	CHAPTER 30B. VIRTUAL AND HYBRID CAMPUSES, PROGRAMS, AND COURSES
3966	3966	SUBCHAPTER A. GENERAL PROVISIONS
3967	3967	Sec. 30B.001. DEFINITIONS. In this chapter:
3968	3968	(1) "Full-time hybrid campus" means a school district
3969	3969	or open-enrollment charter school campus at which at least 50
3970	3970	percent of the enrolled students are enrolled in a full-time hybrid
3971	3971	program authorized under Subchapter C.
3972	3972	(2) "Full-time hybrid program" means a full-time
3973	3973	educational program offered by a school district or open-enrollment
3974	3974	charter school campus in which:
3975	3975	(A) a student is in attendance in person for less
3976	3976	than 90 percent of the minutes of instruction provided; and
3977	3977	(B) the instruction and content may be delivered
3978	3978	synchronously or asynchronously over the Internet, in person, or
3979	3979	through other means.
3980	3980	(3) "Full-time virtual campus" means a school district
3981	3981	or open-enrollment charter school campus at which at least 50
3982	3982	percent of the enrolled students are enrolled in a full-time
3983	3983	virtual program authorized under Subchapter C.
3984	3984	(4) "Full-time virtual program" means a full-time
3985	3985	educational program offered by a school district or open-enrollment
3986	3986	charter school campus in which:
3987	3987	(A) a student is in attendance in person
3988	3988	minimally or not at all; and
3989	3989	(B) the instruction and content are delivered
3990	3990	synchronously or asynchronously primarily over the Internet.
3991	3991	(5) "Hybrid course" means a course in which:
3992	3992	(A) a student is in attendance in person for less
3993	3993	than 90 percent of the minutes of instruction provided; and
3994	3994	(B) the instruction and content may be delivered
3995	3995	synchronously or asynchronously over the Internet, in person, or
3996	3996	through other means.
3997	3997	(6) "Parent" means a student's parent or a person
3998	3998	standing in parental relation to a student.
3999	3999	(7) "Virtual course" means a course in which
4000	4000	instruction and content are delivered synchronously or
4001	4001	asynchronously primarily over the Internet.
4002	4002	(8) "Whole program virtual instruction provider"
4003	4003	means a private or third-party service that provides oversight and
4004	4004	management of the virtual instruction services or otherwise
4005	4005	provides a preponderance of those services for a full-time virtual
4006	4006	or full-time hybrid campus or program.
4007	4007	Sec. 30B.002. RULES. (a) The commissioner shall adopt
4008	4008	rules as necessary to administer this chapter.
4009	4009	(b) To the extent practicable, the commissioner shall
4010	4010	consult school districts, open-enrollment charter schools, and
4011	4011	parents in adopting rules under this section.
4012	4012	(c) The agency may form an advisory committee to comply with
4013	4013	the provisions of this section. Chapter 2110, Government Code,
4014	4014	does not apply to an advisory committee formed under this section.
4015	4015	Sec. 30B.003. GRANTS AND FEDERAL FUNDS. (a) For purposes
4016	4016	of this chapter, the commissioner may seek and accept a grant from a
4017	4017	public or private person.
4018	4018	(b) For purposes of this chapter, the commissioner may
4019	4019	accept federal funds and shall use those funds in compliance with
4020	4020	applicable federal law, regulations, and guidelines.
4021	4021	Sec. 30B.004. PROVISION OF COMPUTER EQUIPMENT OR INTERNET
4022	4022	SERVICE. This chapter does not:
4023	4023	(1) require a school district, an open-enrollment
4024	4024	charter school, a virtual course provider, or the state to provide a
4025	4025	student with home computer equipment or Internet access for a
4026	4026	virtual course provided by a school district or open-enrollment
4027	4027	charter school; or
4028	4028	(2) prohibit a school district or open-enrollment
4029	4029	charter school from providing a student with home computer
4030	4030	equipment or Internet access for a virtual course provided by the
4031	4031	district or school.
4032	4032	Sec. 30B.005. EXTRACURRICULAR ACTIVITY. A student enrolled
4033	4033	in a virtual or hybrid course, program, or campus offered under this
4034	4034	chapter may participate in an extracurricular activity sponsored or
4035	4035	sanctioned by the school district or open-enrollment charter school
4036	4036	in which the student is enrolled or by the University
4037	4037	Interscholastic League in the same manner as other district or
4038	4038	school students.
4039	4039	Sec. 30B.006. HYBRID AND VIRTUAL INSTRUCTION PERMITTED.
4040	4040	(a) A school district or open-enrollment charter school may
4041	4041	deliver instruction through hybrid courses, virtual courses,
4042	4042	full-time hybrid programs, and full-time virtual programs in the
4043	4043	manner provided by this chapter.
4044	4044	(b) The following entities may deliver instruction through
4045	4045	hybrid or virtual courses under this chapter in the same manner
4046	4046	provided for a school district or open-enrollment charter school:
4047	4047	(1) a consortium of school districts or
4048	4048	open-enrollment charter schools;
4049	4049	(2) an institution of higher education, as that term
4050	4050	is defined by Section 61.003; or
4051	4051	(3) a regional education service center.
4052	4052	(c) A school district or open-enrollment charter school
4053	4053	that delivers instruction through a hybrid or virtual course shall
4054	4054	develop written information describing each hybrid or virtual
4055	4055	course available for enrollment and complying with any other
4056	4056	requirement of Section 26.0031.
4057	4057	(d) A school district or open-enrollment charter school
4058	4058	shall make information under this section available to students and
4059	4059	parents at the time students ordinarily select courses and may
4060	4060	provide that information to students and parents at other times as
4061	4061	determined by the district or school.
4062	4062	Sec. 30B.007. FOUNDATION SCHOOL FUNDING. A student
4063	4063	enrolled in a hybrid course, virtual course, full-time hybrid
4064	4064	program, or full-time virtual program offered under this chapter by
4065	4065	a school district or open-enrollment charter school is counted
4066	4066	toward the district's or school's average daily attendance in the
4067	4067	same manner as district or school students not enrolled in a hybrid
4068	4068	course, virtual course, full-time hybrid program, or full-time
4069	4069	virtual program.
4070	4070	SUBCHAPTER B. HYBRID AND VIRTUAL COURSES
4071	4071	Sec. 30B.051. HYBRID OR VIRTUAL COURSE QUALITY
4072	4072	REQUIREMENTS. (a) A school district or open-enrollment charter
4073	4073	school that offers a hybrid or virtual course under this chapter
4074	4074	must certify to the commissioner that the course:
4075	4075	(1) includes the appropriate essential knowledge and
4076	4076	skills adopted under Subchapter A, Chapter 28;
4077	4077	(2) provides instruction at the appropriate level of
4078	4078	rigor for the grade level at which the course is offered and will
4079	4079	prepare a student enrolled in the course for the student's next
4080	4080	grade level or a subsequent course in a similar subject matter; and
4081	4081	(3) except as provided by Subsection (b), meets
4082	4082	standards for hybrid or virtual courses adopted by the
4083	4083	commissioner.
4084	4084	(b) If the commissioner has not adopted applicable
4085	4085	standards for hybrid or virtual courses, a school district or
4086	4086	open-enrollment charter school that offers a hybrid or virtual
4087	4087	course must instead certify to the commissioner that the course
4088	4088	meets the National Standards for Quality Online Courses published
4089	4089	by the Virtual Learning Leadership Alliance, Quality Matters, and
4090	4090	the Digital Learning Collaborative, or a successor publication.
4091	4091	Sec. 30B.052. RIGHTS OF STUDENTS REGARDING HYBRID AND
4092	4092	VIRTUAL COURSES. (a) Except as provided by Section 30B.104(b), a
4093	4093	school district or open-enrollment charter school may not require a
4094	4094	student to enroll in a hybrid or virtual course.
4095	4095	(b) A hybrid or virtual course offered under this chapter to
4096	4096	a student receiving special education services or other
4097	4097	accommodations must meet the needs of the participating student in
4098	4098	a manner consistent with Subchapter A, Chapter 29, and with federal
4099	4099	law, including the Individuals with Disabilities Education Act (20
4100	4100	U.S.C. Section 1400 et seq.) and Section 504, Rehabilitation Act of
4101	4101	1973 (29 U.S.C. Section 794), as applicable.
4102	4102	Sec. 30B.053. RIGHTS OF TEACHERS REGARDING HYBRID AND
4103	4103	VIRTUAL COURSES. (a) Except as provided by Subsection (a-1), a
4104	4104	school district or open-enrollment charter school may not require a
4105	4105	classroom teacher to provide both virtual instruction and in-person
4106	4106	instruction for a course offered under this chapter during the same
4107	4107	class period. The commissioner may waive the requirements of this
4108	4108	subsection for courses included in the enrichment curriculum under
4109	4109	Section 28.002.
4110	4110	(a-1) Subsection (a) does not apply to a requirement that a
4111	4111	classroom teacher simulcast the teacher's in-person instruction
4112	4112	provided that the teacher is not required to interact with students
4113	4113	observing the instruction virtually.
4114	4114	(b) A classroom teacher may not provide instruction for a
4115	4115	hybrid or virtual course offered under this chapter unless:
4116	4116	(1) the teacher has received appropriate professional
4117	4117	development in hybrid or virtual instruction, as determined by the
4118	4118	school district or open-enrollment charter school at which the
4119	4119	teacher is employed; or
4120	4120	(2) the district or school has determined that the
4121	4121	teacher has sufficient previous experience to not require the
4122	4122	professional development described by Subdivision (1).
4123	4123	(c) A school district or open-enrollment charter school may
4124	4124	not directly or indirectly coerce any classroom teacher hired to
4125	4125	provide in-person instruction to agree to an assignment to teach a
4126	4126	hybrid or virtual course.
4127	4127	Sec. 30B.054. ASSESSMENTS. Except as authorized by
4128	4128	commissioner rule, an assessment instrument administered under
4129	4129	Section 39.023 or 39.025 to a student enrolled in a hybrid or
4130	4130	virtual course offered under this chapter shall be administered to
4131	4131	the student in the same manner in which the assessment instrument is
4132	4132	administered to a student enrolled in an in-person course at the
4133	4133	student's school district or open-enrollment charter school.
4134	4134	Sec. 30B.055. TUITION AND FEES. A school district or
4135	4135	open-enrollment charter school may charge tuition and fees for a
4136	4136	hybrid or virtual course provided to a student who:
4137	4137	(1) is not eligible to enroll in a public school in
4138	4138	this state; or
4139	4139	(2) is not enrolled in the school district or
4140	4140	open-enrollment charter school.
4141	4141	Sec. 30B.056. ATTENDANCE FOR CLASS CREDIT OR GRADE.
4142	4142	Notwithstanding Section 25.092, a school district or
4143	4143	open-enrollment charter school shall establish the participation
4144	4144	necessary to earn credit or a grade for a hybrid or virtual course
4145	4145	offered by the district or school.
4146	4146	Sec. 30B.057. AGENCY PUBLICATION OF AVAILABLE VIRTUAL
4147	4147	COURSES. (a) The agency shall publish a list of virtual courses
4148	4148	offered by school districts and open-enrollment charter schools in
4149	4149	this state that includes:
4150	4150	(1) whether the course is available to a student who is
4151	4151	not otherwise enrolled in the offering district or school;
4152	4152	(2) the cost of the course; and
4153	4153	(3) information regarding any third-party provider
4154	4154	involved in the delivery of the course.
4155	4155	(b) A school district or open-enrollment charter school
4156	4156	shall provide to the agency information required to publish the
4157	4157	list under Subsection (a).
4158	4158	SUBCHAPTER C. FULL-TIME HYBRID AND FULL-TIME VIRTUAL CAMPUSES
4159	4159	Sec. 30B.101. FULL-TIME HYBRID OR FULL-TIME VIRTUAL CAMPUS
4160	4160	AUTHORIZATION. (a) A school district or open-enrollment charter
4161	4161	school may operate a full-time hybrid campus or a full-time virtual
4162	4162	campus if authorized by the commissioner in accordance with this
4163	4163	section.
4164	4164	(b) The commissioner shall adopt rules establishing the
4165	4165	requirements for and process by which a school district or
4166	4166	open-enrollment charter school may apply for authorization to
4167	4167	operate a full-time hybrid campus or a full-time virtual campus.
4168	4168	The rules adopted by the commissioner may require certain written
4169	4169	application materials and interviews and shall require a school
4170	4170	district or open-enrollment charter school to:
4171	4171	(1) engage in a year of planning before offering a
4172	4172	course under this chapter to verify the course is designed in
4173	4173	accordance with high-quality criteria;
4174	4174	(2) develop an academic plan that incorporates:
4175	4175	(A) curriculum and instructional practices
4176	4176	aligned with the appropriate essential knowledge and skills
4177	4177	provided under Subchapter A, Chapter 28;
4178	4178	(B) monitoring of the progress of student
4179	4179	performance and interventions;
4180	4180	(C) a method for meeting the needs of and
4181	4181	complying with federal and state requirements for special
4182	4182	populations and at-risk students; and
4183	4183	(D) compliance with the requirements of this
4184	4184	chapter;
4185	4185	(3) develop an operations plan that addresses:
4186	4186	(A) staffing models;
4187	4187	(B) the designation of selected school leaders;
4188	4188	(C) professional development for staff;
4189	4189	(D) student and family engagement;
4190	4190	(E) school calendars and schedules;
4191	4191	(F) student enrollment eligibility;
4192	4192	(G) cybersecurity and student data privacy
4193	4193	measures; and
4194	4194	(H) any educational services to be provided by a
4195	4195	private or third party; and
4196	4196	(4) demonstrate the capacity to execute the district's
4197	4197	or school's plan successfully.
4198	4198	(c) A full-time hybrid campus or full-time virtual campus
4199	4199	authorized under this section must include:
4200	4200	(1) at least one grade level in which an assessment
4201	4201	instrument is required to be administered under Section 39.023(a)
4202	4202	or (c), including each subject or course for which an assessment
4203	4203	instrument is required in that grade level;
4204	4204	(2) sufficient grade levels, as determined by the
4205	4205	commissioner, to allow for the annual evaluation of the performance
4206	4206	of students who complete the courses offered; or
4207	4207	(3) for a campus that does not include grade levels
4208	4208	described by Subdivision (1) or (2), another performance evaluation
4209	4209	measure approved by the commissioner during the authorization
4210	4210	process.
4211	4211	(d) A campus approved under this subchapter may only apply
4212	4212	for and receive authorization to operate as a full-time hybrid
4213	4213	campus or a full-time virtual campus. A campus may not change its
4214	4214	operation designation during the authorization process or after the
4215	4215	campus is authorized.
4216	4216	(e) The commissioner may only authorize a school district or
4217	4217	open-enrollment charter school to operate a full-time hybrid campus
4218	4218	or a full-time virtual campus if the commissioner determines that
4219	4219	the authorization of the campus is likely to result in improved
4220	4220	student learning opportunities. If a district or school will use a
4221	4221	private or third party in operating the campus, the commissioner
4222	4222	shall consider the historical performance of the private or third
4223	4223	party, if known, in making a determination under this section.
4224	4224	(f) A determination made by the commissioner under this
4225	4225	section is final and not subject to appeal.
4226	4226	Sec. 30B.102. REVOCATION. (a) Unless revoked as provided
4227	4227	by this section, the commissioner's authorization of a full-time
4228	4228	hybrid campus or full-time virtual campus under Section 30B.101
4229	4229	continues indefinitely.
4230	4230	(b) The commissioner shall revoke the authorization of a
4231	4231	full-time hybrid campus or full-time virtual campus if the campus
4232	4232	has been assigned, for the three preceding school years:
4233	4233	(1) a needs improvement or unacceptable performance
4234	4234	rating under Subchapter C, Chapter 39;
4235	4235	(2) a rating of performance that needs improvement or
4236	4236	unacceptable, as determined by the commissioner, on a performance
4237	4237	evaluation approved by the commissioner under Section
4238	4238	30B.101(c)(3); or
4239	4239	(3) any combination of the ratings described by
4240	4240	Subdivision (1) or (2).
4241	4241	(c) The commissioner may, based on a special investigation
4242	4242	conducted under Section 39.003:
4243	4243	(1) revoke an authorization of a full-time hybrid
4244	4244	campus or full-time virtual campus; or
4245	4245	(2) require any intervention authorized under that
4246	4246	section.
4247	4247	(d) If a private or third party is determined to be
4248	4248	ineligible under Section 30B.152, the commissioner shall revoke an
4249	4249	authorization of a full-time hybrid campus or full-time virtual
4250	4250	campus for which the private or third party acts as a whole program
4251	4251	virtual instruction provider, unless the commissioner approves a
4252	4252	request by the school district or open-enrollment charter school
4253	4253	that operates the campus to use an alternative private or third
4254	4254	party.
4255	4255	(e) An appeal by a school district or open-enrollment
4256	4256	charter school of a revocation of an authorization under this
4257	4257	chapter that results in the closure of a campus must be made under
4258	4258	Section 39A.301.
4259	4259	Sec. 30B.103. STUDENT ELIGIBILITY. (a) A student eligible
4260	4260	to enroll in a public school of this state is eligible to enroll at a
4261	4261	full-time hybrid campus.
4262	4262	(b) A student is eligible to enroll in a full-time virtual
4263	4263	campus if the student:
4264	4264	(1) attended a public school in this state for a
4265	4265	minimum of six weeks in the current school year or in the preceding
4266	4266	school year;
4267	4267	(2) is, in the school year in which the student first
4268	4268	seeks to enroll in the full-time virtual campus, enrolled in the
4269	4269	first grade or a lower grade level;
4270	4270	(3) was not required to attend public school in this
4271	4271	state due to nonresidency during the preceding school year;
4272	4272	(4) is a dependent of a member of the United States
4273	4273	military who has been deployed; or
4274	4274	(5) has been placed in substitute care in this state.
4275	4275	Sec. 30B.104. STUDENT RIGHTS REGARDING FULL-TIME HYBRID AND
4276	4276	FULL-TIME VIRTUAL CAMPUSES. (a) A student enrolled in a school
4277	4277	district may not be compelled to enroll in a full-time hybrid or
4278	4278	full-time virtual campus. A school district must offer the option
4279	4279	for a student's parent to select in-person instruction for the
4280	4280	student.
4281	4281	(b) Notwithstanding Subsection (a) or Section 30B.052, an
4282	4282	open-enrollment charter school may require a student to attend a
4283	4283	full-time hybrid or full-time virtual campus.
4284	4284	Sec. 30B.105. CAMPUS DESIGNATIONS. The commissioner shall
4285	4285	determine and assign a unique campus designation number to each
4286	4286	full-time hybrid campus or full-time virtual campus authorized
4287	4287	under this subchapter.
4288	4288	Sec. 30B.106. FUNDING. (a) For purposes of calculating the
4289	4289	average daily attendance of students attending a full-time hybrid
4290	4290	campus or full-time virtual campus, the commissioner shall use the
4291	4291	number of full-time equivalent students enrolled in the full-time
4292	4292	hybrid or full-time virtual campus multiplied by the average
4293	4293	attendance rate of the school district or open-enrollment charter
4294	4294	school that offers the full-time hybrid or full-time virtual campus
4295	4295	not including any student enrolled full-time in a full-time hybrid
4296	4296	or full-time virtual campus. In the event that a reliable
4297	4297	attendance rate cannot be determined under this section, the
4298	4298	commissioner shall use the statewide average attendance rate.
4299	4299	(b) The commissioner shall provide proportionate funding to
4300	4300	the applicable school district or open-enrollment charter school
4301	4301	for a student that alternates attendance between a traditional,
4302	4302	in-person campus setting and the full-time hybrid or full-time
4303	4303	virtual campus of any single district or school in the same school
4304	4304	year.
4305	4305	SUBCHAPTER D. PRIVATE AND THIRD-PARTY PROVIDERS
4306	4306	Sec. 30B.151. NOTICE AND USE OF PRIVATE OR THIRD PARTY. (a)
4307	4307	A school district or open-enrollment charter school shall provide
4308	4308	notice to the commissioner of the use of or change in affiliation of
4309	4309	a private or third party acting as a whole program virtual
4310	4310	instruction provider for a full-time hybrid or full-time virtual
4311	4311	campus or program.
4312	4312	(b) Except as provided by Section 30B.152, a school district
4313	4313	or open-enrollment charter school may not use a private or third
4314	4314	party to act as a whole program virtual instruction provider if the
4315	4315	party has been determined to be ineligible under that section.
4316	4316	Sec. 30B.152. PRIVATE OR THIRD-PARTY ACCOUNTABILITY. (a)
4317	4317	The commissioner shall, to the extent feasible, evaluate the
4318	4318	performance of a private or third party acting as a whole program
4319	4319	virtual instruction provider for a school district or
4320	4320	open-enrollment charter school.
4321	4321	(b) The commissioner shall establish a standard to
4322	4322	determine if a private or third party is ineligible to act as a
4323	4323	whole program virtual instruction provider. A private or third
4324	4324	party determined to be ineligible under this section remains
4325	4325	ineligible until after the fifth anniversary of that determination.
4326	4326	(c) A school district or open-enrollment charter school may
4327	4327	use a private or third party determined to be ineligible under
4328	4328	Subsection (b) as a whole program virtual instruction provider if:
4329	4329	(1) the district or school requests approval from the
4330	4330	commissioner; and
4331	4331	(2) the commissioner determines that the reasons the
4332	4332	private or third party was declared ineligible under Subsection (b)
4333	4333	will not affect the operation of the party as a whole program
4334	4334	virtual instruction provider at the district or school.
4335	4335	SUBCHAPTER E. STATE SUPPORT
4336	4336	Sec. 30B.201. EDUCATOR PROFESSIONAL DEVELOPMENT. From
4337	4337	funds appropriated or otherwise available, the agency shall develop
4338	4338	professional development courses and materials aligned with
4339	4339	research-based practices for educators in providing high-quality
4340	4340	virtual education.
4341	4341	Sec. 30B.202. DEVELOPMENT GRANTS FOR VIRTUAL EDUCATION.
4342	4342	From funds appropriated or otherwise available, the agency shall
4343	4343	provide grants and technical assistance to school districts and
4344	4344	open-enrollment charter schools to aid in the establishment of
4345	4345	high-quality full-time hybrid or full-time virtual campuses.
4346	4346	SECTION 8.07. Section 33.009(d), Education Code, is amended
4347	4347	to read as follows:
4348	4348	(d) An academy developed under this section must provide
4349	4349	counselors and other postsecondary advisors with knowledge and
4350	4350	skills to provide counseling to students regarding postsecondary
4351	4351	success and productive career planning and must include information
4352	4352	relating to:
4353	4353	(1) each endorsement described by Section
4354	4354	28.025(c-1), including:
4355	4355	(A) the course requirements for each
4356	4356	endorsement; and
4357	4357	(B) the postsecondary educational and career
4358	4358	opportunities associated with each endorsement;
4359	4359	(2) available methods for a student to earn credit for
4360	4360	a course not offered at the school in which the student is enrolled,
4361	4361	including enrollment in a virtual [an electronic] course provided
4362	4362	[through the state virtual school network] under Chapter 30B [30A];
4363	4363	(3) general academic performance requirements for
4364	4364	admission to an institution of higher education, including the
4365	4365	requirements for automatic admission to a general academic teaching
4366	4366	institution under Section 51.803;
4367	4367	(4) regional workforce needs, including information
4368	4368	about the required education and the average wage or salary for
4369	4369	careers that meet those workforce needs; and
4370	4370	(5) effective strategies for engaging students and
4371	4371	parents in planning for postsecondary education and potential
4372	4372	careers, including participation in mentorships and business
4373	4373	partnerships.
4374	4374	SECTION 8.08. Subchapter A, Chapter 37, Education Code, is
4375	4375	amended by adding Section 37.0071 to read as follows:
4376	4376	Sec. 37.0071. VIRTUAL EDUCATION AS ALTERNATIVE TO
4377	4377	EXPULSION. (a) Except as provided by Subsection (b), before a
4378	4378	school district or open-enrollment charter school may expel a
4379	4379	student, the district or school shall consider the appropriateness
4380	4380	and feasibility of, as an alternative to expulsion, enrolling the
4381	4381	student in a full-time hybrid program, full-time virtual program,
4382	4382	full-time hybrid campus, or full-time virtual campus, as those
4383	4383	terms are defined in Section 30B.001.
4384	4384	(b) Subsection (a) does not apply to a student expelled
4385	4385	under Section 37.0081 or 37.007(a), (d), or (e).
4386	4386	SECTION 8.09. Section 48.005, Education Code, is amended by
4387	4387	adding Subsection (e-1) to read as follows:
4388	4388	(e-1) In a school year in which the occurrence of an
4389	4389	emergency or crisis, as defined by commissioner rule, causes a
4390	4390	statewide decrease in average daily attendance of school districts
4391	4391	entitled to funding under this chapter or, for an emergency or
4392	4392	crisis occurring only within a specific region of this state,
4393	4393	causes a regional decrease in the average daily attendance of
4394	4394	school districts located in the affected region, the commissioner
4395	4395	shall modify or waive requirements applicable to the affected
4396	4396	districts under this section and adopt appropriate safeguards as
4397	4397	necessary to ensure the continued support and maintenance of an
4398	4398	efficient system of public free schools and the continued delivery
4399	4399	of high-quality instruction under that system.
4400	4400	SECTION 8.10. Section 48.053(b), Education Code, is amended
4401	4401	to read as follows:
4402	4402	(b) A school district to which this section applies is
4403	4403	entitled to funding under this chapter as if the district were a
4404	4404	full-time hybrid campus or full-time virtual campus for purposes of
4405	4405	Section 30B.106 with [had] no tier one local share for purposes of
4406	4406	Section 48.256 for each student enrolled in the district:
4407	4407	(1) who resides in this state; or
4408	4408	(2) who:
4409	4409	(A) is a dependent of a member of the United
4410	4410	States military;
4411	4411	(B) was previously enrolled in school in this
4412	4412	state; and
4413	4413	(C) does not reside in this state due to a
4414	4414	military deployment or transfer.
4415	4415	SECTION 8.11. Section 48.104(f), Education Code, is amended
4416	4416	to read as follows:
4417	4417	(f) A student receiving a full-time virtual education
4418	4418	provided through a full-time virtual campus under Chapter 30B shall
4419	4419	[through the state virtual school network may] be included in
4420	4420	determining the number of students who are educationally
4421	4421	disadvantaged and reside in an economically disadvantaged census
4422	4422	block group under Subsection (b) or (e), as applicable[, if the
4423	4423	school district submits to the commissioner a plan detailing the
4424	4424	enhanced services that will be provided to the student and the
4425	4425	commissioner approves the plan].
4426	4426	SECTION 8.12. Section 48.111, Education Code, is amended by
4427	4427	amending Subsection (b) and adding Subsection (b-1) to read as
4428	4428	follows:
4429	4429	(b) For purposes of Subsection (a), in determining the
4430	4430	number of students enrolled in a school district, the commissioner
4431	4431	shall exclude students enrolled in the district who receive
4432	4432	full-time instruction provided through a full-time virtual campus
4433	4433	under Chapter 30B [through the state virtual school network under
4434	4434	Chapter 30A].
4435	4435	(b-1) For purposes of Subsection (a), in determining the
4436	4436	number of students enrolled in a school district, the commissioner
4437	4437	shall exclude students enrolled in the district who receive
4438	4438	full-time instruction through the state virtual school network
4439	4439	under Chapter 30A as that chapter existed on September 1, 2023.
4440	4440	This subsection expires September 1, 2029.
4441	4441	SECTION 8.13. The following provisions of the Education
4442	4442	Code are repealed:
4443	4443	(1) Section 26.0031(f); and
4444	4444	(2) Chapter 30A.
4445	4445	SECTION 8.14. (a) Notwithstanding the repeal by this
4446	4446	article of Chapter 30A, Education Code, a school district or
4447	4447	open-enrollment charter school providing an electronic course or a
4448	4448	full-time program through the state virtual school network in
4449	4449	accordance with Chapter 30A, Education Code, as that law existed
4450	4450	immediately before the effective date of this article, may, except
4451	4451	as provided by Subsection (b) of this section, continue to provide
4452	4452	that course or full-time program as if that chapter were still in
4453	4453	effect until the end of the 2025-2026 school year.
4454	4454	(b) The funding provided to a school district or
4455	4455	open-enrollment charter school for a student enrolled in an
4456	4456	electronic course or full-time program offered through the state
4457	4457	virtual school network in accordance with Chapter 30A, Education
4458	4458	Code, as that law existed immediately before the effective date of
4459	4459	this article, shall be determined, as applicable, under Section
4460	4460	30B.007 or 30B.106, Education Code, as added by this article.
4461	4461	SECTION 8.15. The commissioner of education shall adopt
4462	4462	rules providing an expedited authorization process for a school
4463	4463	district or open-enrollment charter school that applies to operate
4464	4464	a full-time hybrid campus or a full-time virtual campus under
4465	4465	Chapter 30B, Education Code, as added by this article, if the
4466	4466	district or school, as of the effective date of this article:
4467	4467	(1) operates an electronic course or full-time program
4468	4468	through the state virtual school network in accordance with Chapter
4469	4469	30A, Education Code, as that law existed immediately before the
4470	4470	effective date of this article; or
4471	4471	(2) operates a virtual education program, regardless
4472	4472	of whether the district or school received funding for students
4473	4473	enrolled in the program during the 2022-2023 or 2023-2024 school
4474	4474	year.
4475	4475	SECTION 8.16. This article takes effect immediately if this
4476	4476	Act receives a vote of two-thirds of all the members elected to each
4477	4477	house, as provided by Section 39, Article III, Texas Constitution.
4478	4478	If this Act does not receive the vote necessary for immediate
4479	4479	effect, this article takes effect on the 91st day after the last day
4480	4480	of the legislative session.
4481	4481	ARTICLE 9. CHANGES RELATED TO ACCOUNTABILITY
4482	4482	SECTION 9.01. Subchapter A, Chapter 39, Education Code, is
4483	4483	amended by adding Section 39.008 to read as follows:
4484	4484	Sec. 39.008. EXPIRATION OF CHAPTER. This chapter expires
4485	4485	August 31, 2026.
4486	4486	SECTION 9.02. Subchapter C, Chapter 39, Education Code, is
4487	4487	amended by adding Section 39.0521 to read as follows:
4488	4488	Sec. 39.0521. TEMPORARY PROVISION: ASSIGNMENT OF
4489	4489	PERFORMANCE RATINGS AND SCORING OF ASSESSMENT INSTRUMENTS. (a)
4490	4490	Notwithstanding any other law, for the 2023-2024, 2024-2025, and
4491	4491	2025-2026 school years, the commissioner shall use the indicators,
4492	4492	standards, procedures, criteria, and calculations prescribed by
4493	4493	the 2022 Accountability Manual, adopted under 19 T.A.C. Section
4494	4494	97.1001, as that rule existed on September 1, 2023, to:
4495	4495	(1) evaluate school district and campus performance
4496	4496	and assign each district and campus a performance rating; and
4497	4497	(2) score assessment instruments administered under
4498	4498	Subchapter B.
4499	4499	(b) The agency shall receive a direct appropriation from the
4500	4500	legislature for any additional costs for scoring the assessment
4501	4501	instruments administered under Subchapter B in the manner described
4502	4502	by Subsection (a)(2).
4503	4503	(c) This section expires August 31, 2026.
4504	4504	SECTION 9.03. Section 39.053, Education Code, is amended by
4505	4505	amending Subsection (c) and adding Subsections (c-4), (c-5), and
4506	4506	(c-6) to read as follows:
4507	4507	(c) School districts and campuses must be evaluated based on
4508	4508	three domains of indicators of achievement adopted under this
4509	4509	section that include:
4510	4510	(1) in the student achievement domain, indicators of
4511	4511	student achievement that must include:
4512	4512	(A) for evaluating the performance of districts
4513	4513	and campuses generally:
4514	4514	(i) an indicator that accounts for the
4515	4515	results of assessment instruments required under Sections
4516	4516	39.023(a), (c), and (l), as applicable for the district and campus,
4517	4517	including the results of assessment instruments required for
4518	4518	graduation retaken by a student, aggregated across grade levels by
4519	4519	subject area, including:
4520	4520	(a) for the performance standard
4521	4521	determined by the commissioner under Section 39.0241(a), the
4522	4522	percentage of students who performed satisfactorily on the
4523	4523	assessment instruments, aggregated across grade levels by subject
4524	4524	area; and
4525	4525	(b) for the college readiness
4526	4526	performance standard as determined under Section 39.0241, the
4527	4527	percentage of students who performed satisfactorily on the
4528	4528	assessment instruments, aggregated across grade levels by subject
4529	4529	area; and
4530	4530	(ii) an indicator that accounts for the
4531	4531	results of assessment instruments required under Section
4532	4532	39.023(b), as applicable for the district and campus, including the
4533	4533	percentage of students who performed satisfactorily on the
4534	4534	assessment instruments, as determined by the performance standard
4535	4535	adopted by the agency, aggregated across grade levels by subject
4536	4536	area; and
4537	4537	(B) for evaluating the performance of high school
4538	4538	campuses and districts that include high school campuses,
4539	4539	indicators that account for:
4540	4540	(i) students who satisfy the Texas Success
4541	4541	Initiative (TSI) college readiness benchmarks prescribed by the
4542	4542	Texas Higher Education Coordinating Board under Section 51.334 on
4543	4543	an assessment instrument in reading or mathematics designated by
4544	4544	the coordinating board under that section;
4545	4545	(ii) students who satisfy relevant
4546	4546	performance standards on advanced placement tests or similar
4547	4547	assessments;
4548	4548	(iii) students who earn dual course credits
4549	4549	in the dual credit courses;
4550	4550	(iv) students who demonstrate military
4551	4551	readiness by:
4552	4552	(a) enlisting [enlist] in the armed
4553	4553	forces of the United States or the Texas National Guard;
4554	4554	(b) achieving a passing score set by
4555	4555	the applicable military branch on the Armed Services Vocational
4556	4556	Aptitude Battery test; or
4557	4557	(c) successfully completing a Junior
4558	4558	Reserve Officer Training Corps program;
4559	4559	(v) students who earn industry
4560	4560	certifications;
4561	4561	(vi) students admitted into postsecondary
4562	4562	industry certification programs that require as a prerequisite for
4563	4563	entrance successful performance at the secondary level;
4564	4564	(vii) students whose successful completion
4565	4565	of a course or courses under Section 28.014 indicates the student's
4566	4566	preparation to enroll and succeed, without remediation, in an
4567	4567	entry-level general education course for a baccalaureate degree or
4568	4568	associate degree;
4569	4569	(viii) students who successfully met
4570	4570	standards on a composite of indicators that through research
4571	4571	indicates the student's preparation to enroll and succeed, without
4572	4572	remediation, in an entry-level general education course for a
4573	4573	baccalaureate degree or associate degree;
4574	4574	(ix) high school graduation rates, computed
4575	4575	in accordance with standards and definitions adopted in compliance
4576	4576	with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
4577	4577	subject to the exclusions provided by Subsections (g), (g-1),
4578	4578	(g-2), (g-3), and (g-4);
4579	4579	(x) students who successfully completed an
4580	4580	OnRamps dual enrollment course;
4581	4581	(xi) students who successfully completed a
4582	4582	practicum or internship approved by the State Board of Education;
4583	4583	(xii) students who are awarded an associate
4584	4584	degree; and
4585	4585	(xiii) students who successfully completed
4586	4586	a program of study in career and technical education;
4587	4587	(2) in the school progress domain, indicators for
4588	4588	effectiveness in promoting student learning, which must include:
4589	4589	(A) for assessment instruments, including
4590	4590	assessment instruments under Subdivisions (1)(A)(i) and (ii), the
4591	4591	percentage of students who met the standard for improvement, as
4592	4592	determined by the commissioner; and
4593	4593	(B) for evaluating relative performance, the
4594	4594	performance of districts and campuses compared to similar districts
4595	4595	or campuses; and
4596	4596	(3) in the closing the gaps domain, the use of
4597	4597	disaggregated data to demonstrate the differentials among students
4598	4598	from different racial and ethnic groups, socioeconomic
4599	4599	backgrounds, and other factors, including:
4600	4600	(A) students formerly receiving special
4601	4601	education services;
4602	4602	(B) students continuously enrolled; and
4603	4603	(C) students who are mobile.
4604	4604	(c-4) The agency shall study the college, career, and
4605	4605	military readiness indicators adopted under Subsection (c) to
4606	4606	determine the correlation of each indicator with post-secondary
4607	4607	success, including the correlation of industry certifications with
4608	4608	wages and available jobs. The assignment of value for an indicator
4609	4609	must be based on the strength of the indicator's correlation with
4610	4610	successful outcomes.
4611	4611	(c-5) The agency shall maintain a list of industry
4612	4612	certifications that are eligible for purposes of Subsection
4613	4613	(c)(1)(B)(v). The certifications must:
4614	4614	(1) be aligned to a program of study that, according to
4615	4615	labor market data, prepares students for high-wage, high-skill,
4616	4616	in-demand occupations;
4617	4617	(2) allow students to demonstrate mastery of the
4618	4618	skills required for occupations within an approved program of
4619	4619	study; and
4620	4620	(3) be obtained through an assessment of the knowledge
4621	4621	and skills provided by or determined by an independent, third-party
4622	4622	certifying entity using predetermined standards for knowledge,
4623	4623	skills, and competencies.
4624	4624	(c-6) The agency shall determine the eligibility of
4625	4625	industry certifications under Subsection (c-5) using the most
4626	4626	current labor market information. A certification the agency
4627	4627	determines is no longer eligible for purposes of Subsection
4628	4628	(c)(1)(B)(v) shall be removed from the list maintained under
4629	4629	Subsection (c-5) not later than four years after the date the agency
4630	4630	makes the determination. During the four years following an
4631	4631	agency's determination under this subsection that an industry
4632	4632	certification is no longer eligible for purposes of Subsection
4633	4633	(c)(1)(B)(v), a school district may receive the benefit of
4634	4634	achievement indicators based on that industry certification for
4635	4635	purposes of Subsection (c) only for a cohort of students who earn
4636	4636	the industry certification and graduate within the four-year
4637	4637	period.
4638	4638	SECTION 9.04. Section 39.0541, Education Code, is amended
4639	4639	to read as follows:
4640	4640	Sec. 39.0541. ADOPTION OF INDICATORS AND STANDARDS. The
4641	4641	commissioner may adopt indicators and standards under this
4642	4642	subchapter at any time [during a school year] before issuing the
4643	4643	evaluation of a school district or campus for a school year.
4644	4644	SECTION 9.05. Section 39.0542(a), Education Code, is
4645	4645	amended to read as follows:
4646	4646	(a) The [Each school year, the] commissioner shall provide
4647	4647	each school district a document in a simple, accessible format that
4648	4648	explains the accountability performance measures, methods, and
4649	4649	procedures that will be applied [for that school year] in assigning
4650	4650	each school district and campus a performance rating under Section
4651	4651	39.054.
4652	4652	SECTION 9.06. Subchapter H, Chapter 39, Education Code, is
4653	4653	amended by adding Section 39.231 to read as follows:
4654	4654	Sec. 39.231. LOCAL ACCOUNTABILITY GRANT PROGRAM. (a) With
4655	4655	funds appropriated or otherwise available for the purpose, the
4656	4656	agency shall establish a grant program with capacity to assist at
4657	4657	least one school district per education service center region in
4658	4658	developing local accountability systems that comply with the
4659	4659	requirements of Section 39.0544.
4660	4660	(b) The commissioner shall adopt rules to implement this
4661	4661	section.
4662	4662	SECTION 9.07. Chapter 39, Education Code, is amended by
4663	4663	adding Subchapter N to read as follows:
4664	4664	SUBCHAPTER N. TEXAS COMMISSION ON ASSESSMENT AND ACCOUNTABILITY
4665	4665	Sec. 39.451. DEFINITION. In this subchapter, "commission"
4666	4666	means the Texas Commission on Assessment and Accountability.
4667	4667	Sec. 39.452. TEXAS COMMISSION ON ASSESSMENT AND
4668	4668	ACCOUNTABILITY. (a) The commission is established to develop and
4669	4669	make recommendations for:
4670	4670	(1) improvements to the current public school
4671	4671	assessment and accountability systems; and
4672	4672	(2) the adoption of a new assessment and
4673	4673	accountability system as provided by the Every Student Succeeds Act
4674	4674	(20 U.S.C. Section 6301 et seq.).
4675	4675	(b) The commission is composed of 15 members, consisting of:
4676	4676	(1) four members appointed by the governor;
4677	4677	(2) five members appointed by the lieutenant governor;
4678	4678	(3) five members appointed by the speaker of the house
4679	4679	of representatives; and
4680	4680	(4) a member of the State Board of Education, as
4681	4681	designated by the chair of that board.
4682	4682	(c) The members appointed by the governor must have an
4683	4683	interest in public education and include at least:
4684	4684	(1) one person who is a current or retired classroom
4685	4685	teacher with at least 10 years of teaching experience;
4686	4686	(2) one person who is a member of the business
4687	4687	community; and
4688	4688	(3) one person who is a member of the civic community.
4689	4689	(d) The appointments made by the lieutenant governor and the
4690	4690	speaker of the house of representatives must each consist of:
4691	4691	(1) three members of the applicable legislative
4692	4692	chamber;
4693	4693	(2) an administrator in the public school system or an
4694	4694	elected member of the board of trustees of a school district; and
4695	4695	(3) a member of the public who works in public
4696	4696	education with experience in the assessment and accountability
4697	4697	system.
4698	4698	(e) In making appointments under Subsections (b)(1), (2),
4699	4699	and (3), the governor, lieutenant governor, and speaker of the
4700	4700	house of representatives shall coordinate to ensure that the
4701	4701	membership of the commission reflects, to the extent possible, the
4702	4702	ethnic and geographic diversity of this state.
4703	4703	Sec. 39.453. PRESIDING OFFICER. The governor shall
4704	4704	designate the presiding officer of the commission.
4705	4705	Sec. 39.454. COMPENSATION AND REIMBURSEMENT. A member of
4706	4706	the commission is not entitled to compensation for service on the
4707	4707	commission but is entitled to reimbursement for actual and
4708	4708	necessary expenses incurred in performing commission duties.
4709	4709	Sec. 39.455. ADMINISTRATIVE SUPPORT AND FUNDING. (a) One
4710	4710	full-time employee of the agency shall provide administrative
4711	4711	support for the commission. Funding for the full-time employee
4712	4712	shall be provided by legislative appropriation not to exceed
4713	4713	$100,000 made to the agency for that purpose.
4714	4714	(b) Funding for the administrative and operational expenses
4715	4715	of the commission shall be provided by legislative appropriation
4716	4716	not to exceed $100,000 made to the agency for that purpose.
4717	4717	Sec. 39.456. RECOMMENDATIONS. (a) The commission shall
4718	4718	develop recommendations under this subchapter to address issues
4719	4719	related to the public school statewide assessment and
4720	4720	accountability system, including:
4721	4721	(1) the purpose of the assessment and accountability
4722	4722	system and the relationship between state and local accountability
4723	4723	in that system;
4724	4724	(2) the appropriate number of assessments per grade
4725	4725	level that comply with federal requirements;
4726	4726	(3) changes in policy regarding the assessment and
4727	4727	accountability system necessary to meet the needs of the state;
4728	4728	(4) grading systems and the impact that those systems
4729	4729	will have on the assessment and accountability system, including
4730	4730	the use of artificial intelligence in grading systems;
4731	4731	(5) the development and use of additional
4732	4732	research-based indicators for the assessment and accountability
4733	4733	system; and
4734	4734	(6) the adoption of an assessment and accountability
4735	4735	system that meets the needs of the 21st-century student.
4736	4736	(b) The commission may establish one or more working groups
4737	4737	composed of not more than five members of the commission to study,
4738	4738	discuss, and address specific policy issues and recommendations to
4739	4739	refer to the commission for consideration.
4740	4740	Sec. 39.457. REPORT. Not later than December 31, 2024, the
4741	4741	commission shall prepare and deliver a report to the governor and
4742	4742	the legislature that recommends statutory changes to improve the
4743	4743	public school assessment and accountability system, including any
4744	4744	adjustments to funding necessary to account for student
4745	4745	demographics.
4746	4746	Sec. 39.458. PUBLIC MEETINGS AND PUBLIC INFORMATION. (a)
4747	4747	The commission may hold public meetings as needed to fulfill its
4748	4748	duties under this subchapter.
4749	4749	(b) The commission is subject to Chapters 551 and 552,
4750	4750	Government Code.
4751	4751	Sec. 39.459. COMMISSION ABOLISHED; EXPIRATION OF
4752	4752	SUBCHAPTER. The commission is abolished and this subchapter
4753	4753	expires January 7, 2025.
4754	4754	SECTION 9.08. (a) Notwithstanding any other law, the
4755	4755	commissioner of education may not assign A through F ratings,
4756	4756	domain-scaled scores, or overall scaled scores to an independent
4757	4757	school district or district campus under Chapter 39, Education
4758	4758	Code, for the 2022-2023 school year.
4759	4759	(b) Notwithstanding Subchapter B, Chapter 2001, Government
4760	4760	Code, the commissioner of education may, using abbreviated notice
4761	4761	as determined practicable by the commissioner and without a public
4762	4762	hearing, but with input from the legislature, adopt rules for
4763	4763	determining the accountability of public schools for the 2022-2023
4764	4764	school year.
4765	4765	SECTION 9.09. This article takes effect on the 91st day
4766	4766	after the last day of the legislative session.