89R17246 RDR-F
By: Virdell H.B. No. 3956
A BILL TO BE ENTITLED
AN ACT
relating to a parent-directed supplemental services and
instructional materials program for public school students;
authorizing a fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter S to read as follows:
SUBCHAPTER S. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
Sec. 29.801. DEFINITIONS. In this subchapter:
(1) "Institution of higher education" and "private or
independent institution of higher education" have the meanings
assigned by Section 61.003.
(2) "Parent" has the meaning assigned by Section
29.041.
(3) "Supplemental instructional materials" includes
textbooks, computer hardware or software, other technological
devices, and other materials suitable for addressing an educational
need of a public school student.
(4) "Supplemental services" means an additive service
that provides an educational benefit to a public school student
including:
(A) virtual, advanced, and trade-related
programs;
(B) extracurricular activities;
(C) private tutoring and other supplemental
private instruction or programs; and
(D) college credit.
Sec. 29.802. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.
(a) The agency by rule shall establish and administer a
parent-directed program for public school students through which a
parent of a student who meets the eligibility requirements for
participation in the program may select supplemental services and
supplemental instructional materials for use by the parent's
student. From funds appropriated for the purpose, the agency shall
provide each student approved for participation in the program
under this subchapter a grant as provided by Section 48.319 to
purchase supplemental services and supplemental instructional
materials.
(b) In administering the program, the agency shall maintain
a system of online accounts to provide to an eligible student's
parent access to the grant described by Subsection (a).
(c) The agency shall designate one or more regional
education service centers to administer the program under this
section.
(d) The agency shall establish a procedure by which a
student may initiate a transfer of control of the account, from the
parent to the student, for the use of unexpended money in the
account at the time of the student's graduation in accordance with
Section 29.806(d).
Sec. 29.803. APPLICATION FOR GRANT ON BEHALF OF STUDENT.
The agency shall establish an application process for an eligible
student's parent to apply for a grant held in an online account
maintained under Section 29.802(b) and assigned to the student
under Section 29.805.
Sec. 29.804. PROGRAM ELIGIBILITY CRITERIA. (a) The agency
shall establish eligibility criteria for the approval of an
application submitted under Section 29.803.
(b) The eligibility criteria established under this section
must:
(1) require that the student be enrolled in the
current school year at a school district or open-enrollment charter
school; and
(2) prioritize students for whom a school district or
open-enrollment charter school is entitled to the compensatory
education allotment under Section 48.104.
(c) A student may receive a grant once under this subchapter
while enrolled in kindergarten through grade 12. A student may
receive an additional grant under this subchapter if the
legislature appropriates money for that purpose.
Sec. 29.805. APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT. The agency shall approve each student who meets the
program eligibility criteria established under Section 29.804 and
assign to the student an account maintained under Section
29.802(b). The account may only be used by the student's parent or
the student as provided by Section 29.802(d) to purchase
supplemental services or supplemental instructional materials for
the student, subject to Sections 29.806 and 29.807.
Sec. 29.806. ACCOUNT USE RESTRICTION. (a) Money in an
account assigned to a student under Section 29.805 may be used only
for supplemental services, supplemental instructional materials,
and expenditures for tuition and fees as authorized under
Subsection (d).
(b) Any supplemental services purchased under the program
under this subchapter must be provided by an agency-approved
provider.
(c) If the agency has approved vendors for a category of
supplemental instructional materials under Section 29.807,
supplemental instructional materials must be purchased from an
agency-approved vendor for that category of supplemental
instructional materials. If the agency does not establish criteria
for agency approval for a category of supplemental instructional
materials, money in the student's account may be used to purchase
the supplemental instructional materials from any vendor.
(d) The commissioner by rule shall authorize the use of
money in an account assigned to a student under Section 29.805 to be
spent on tuition and fees at an institution of higher education or
private or independent institution of higher education, including
any unexpended money in a student's account at the time of the
student's graduation from high school. Any remaining unexpended
money in a student's account on the sixth anniversary of the
student's graduation from high school shall be returned to the
agency for purposes of the program.
Sec. 29.807. AGENCY-APPROVED PROVIDERS AND VENDORS:
CRITERIA AND APPLICATION. (a) The agency shall establish criteria
necessary for agency approval for each category of provider of a
professional service that is a supplemental service, as identified
by the agency.
(b) The criteria established under this section must
require a provider of a category of professional service to be
appropriately licensed or accredited in this state to provide that
service.
(c) The agency shall provide a procedure for providers of
supplemental services to apply to the agency to become an
agency-approved provider.
(d) The agency may establish criteria for agency approval of
vendors for each category of supplemental instructional materials
identified by the agency.
(e) If the agency establishes criteria for agency approval
for a vendor of a category of supplemental instructional materials,
the agency shall provide a procedure for vendors of that category to
apply to the agency to become an agency-approved vendor.
Sec. 29.808. PUBLIC SCHOOL PROVIDERS. A school district or
open-enrollment charter school provider approved under Section
29.807 may charge a fee for supplemental instructional materials or
supplemental services provided to a student under this subchapter
that otherwise would not have been provided to the student by the
district or school.
Sec. 29.809. ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES. (a) A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental services or supplemental
instructional materials that may be provided under the program
under this subchapter.
(b) Unless the district determines that an account has been
assigned to the student under Section 29.045, the admission,
review, and dismissal committee of a student approved for
participation in the program shall provide to the student's parent
at an admission, review, and dismissal committee meeting for the
student:
(1) information regarding the types of supplemental
services or supplemental instructional materials available under
the program and provided by agency-approved providers for which an
account maintained under Section 29.802(b) for the student may be
used; and
(2) instructions regarding accessing an account
described by Subdivision (1).
Sec. 29.810. DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter is final and may not be appealed.
Sec. 29.811. RULES. The commissioner shall adopt rules as
necessary to administer the supplemental services and
instructional materials program under this subchapter.
SECTION 2. Subchapter G, Chapter 48, Education Code, is
amended by adding Section 48.319 to read as follows:
Sec. 48.319. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM
GRANT. (a) A student to whom the agency awards a grant under
Subchapter S, Chapter 29, is entitled to receive a grant equal to
$1,000 or a greater amount provided by appropriation.
(b) The agency shall use money appropriated to the agency
for purposes of this section to award grants under Subchapter S,
Chapter 29.
SECTION 3. Not later than December 1, 2026, the
commissioner of education shall adopt all rules necessary for the
establishment and administration of the parent-directed
supplemental services program required under Subchapter S, Chapter
29, Education Code, as added by this Act.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.