By: Cain H.B. No. 41
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of a parental empowerment program
administered by the comptroller of public accounts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Parental
Empowerment Act of 2023.
SECTION 2. The legislature finds that:
(1) parents should be empowered to direct their
children's education;
(2) there is not one best educational option for all
children in this state;
(3) children belong to their parents, not to the
government;
(4) the best education for children in this state is
one directed by their parents, with all educational options made
available and accessible through a program in which money follows
each child to the educational option that best meets the child's
unique educational needs; and
(5) in Espinoza v. Montana Department of Revenue, 140
S. Ct. 2246 (2020) and Carson v. Makin, 142 S. Ct. 1987 (2022), the
United States Supreme Court held that state prohibitions on the use
of generally available state tuition assistance programs for
children to attend religious schools violate the Free Exercise
Clause of the First Amendment to the United States Constitution.
SECTION 3. The purpose of this Act is to achieve a general
diffusion of knowledge, increase efficiency by providing highly
qualified education professionals an opportunity to empower
parents to make the best decision regarding the education of the
parent's child, enshrine the parent as the primary decision maker
in all matters involving the parent's child, and fully fund schools
in this state while giving parents a choice about which type of
school is the right choice for the parent's child.
SECTION 4. Section 48.266, Education Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Notwithstanding Subsection (b), the commissioner
shall adjust enrollment estimates and entitlement for each school
district for each school year based on information provided by the
comptroller under Section 48.551(g). This subsection expires
September 1, 2028.
SECTION 5. Chapter 48, Education Code, is amended by adding
Subchapter J to read as follows:
SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM
Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this
subchapter, "program" means the Parental Empowerment Program
established under this section.
(b) A parent or legal guardian of an eligible student who
agrees to accept reimbursement in an amount that is less than the
state average maintenance and operations expenditures per student
may receive reimbursement from the state for the tuition paid for
the enrollment of the eligible student at a private school in an
amount that is the lesser of:
(1) the tuition paid; or
(2) 80 percent of the state average maintenance and
operations expenditures per student.
(c) A student is eligible to participate in the program if
the student is a school-age child who resides in this state.
(d) Money from the available school fund and federal funds
may not be used for reimbursement under this section.
(e) A private school voluntarily selected by a parent for
the parent's child to attend, with or without governmental
assistance, may not be required to comply with any state law or rule
governing the school's educational program that was not in effect
on September 1, 2023.
(f) The comptroller shall administer the program and
provide reimbursement to a parent or legal guardian of an eligible
student, or the parent's or guardian's assignees, as authorized by
this section.
(g) Not later than October 1 of each year, the comptroller
shall notify the commissioner and the Legislative Budget Board of
the number of eligible students likely to participate in the
program, disaggregated by the school district or open-enrollment
charter school the eligible students would otherwise attend. Not
later than March 1 of each year, the comptroller shall provide final
information to the commissioner and the Legislative Budget Board
regarding the number of students participating in the program,
disaggregated in the same manner as the initial information.
(h) Each school year, the agency shall, subject to the
approval of the governor and the Legislative Budget Board,
distribute to each school district and open-enrollment charter
school on a per student basis a total amount of funding equal to the
amount of any cost savings to the Foundation School Program that
resulted from the operation of the program during the preceding
school year.
Sec. 48.552. ADMINISTRATIVE COSTS. (a) The comptroller may
deduct a percentage of each reimbursement made under this
subchapter to cover the comptroller's administrative costs in
implementing and administering the program. The percentage
deducted from each reimbursement may not exceed the lesser of:
(1) the pro rata cost of the program in the applicable
year; or
(2) two percent of the amount of the reimbursement.
(b) This section expires September 1, 2033.
SECTION 6. (a) As soon as practicable, but not later than
February 15, 2024, the comptroller of public accounts, in
coordination with the commissioner of education, shall adopt rules
to implement the Parental Empowerment Program under Subchapter J,
Chapter 48, Education Code, as added by this Act, including rules to
prevent fraud in financial transactions under the program and to
determine the net savings resulting from implementation of the
program.
(b) The rules adopted under Subsection (a) of this section
must require reconciliation of payments for all reimbursements
within the same fiscal year or within the first month following the
end of the fiscal year.
SECTION 7. This Act takes effect on the 91st day after the
last day of the legislative session.