Bill Text: TX HB4969 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a parent-directed supplemental services and instructional materials program for public school students; establishing an allotment under the Foundation School Program; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-04-12 - Left pending in committee [HB4969 Detail]
Download: Texas-2023-HB4969-Introduced.html
By: Schaefer | H.B. No. 4969 |
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relating to a parent-directed supplemental services and | ||
instructional materials program for public school students; | ||
establishing an allotment under the Foundation School Program; | ||
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 R to read as follows: | ||
SUBCHAPTER R. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM | ||
Sec. 29.751. DEFINITIONS. In this subchapter: | ||
(1) "Parent" has the meaning assigned by Section | ||
29.041. | ||
(2) "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. | ||
(3) "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. 29.752. 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 may direct supplemental services and supplemental | ||
instructional materials for the parent's student who meets the | ||
eligibility requirements for participation in the program. From | ||
funds appropriated, the agency shall provide each student approved | ||
as provided under this subchapter a grant as provided by Section | ||
48.305 to purchase supplemental services and supplemental | ||
instructional materials. | ||
(b) In administering the program, the agency shall maintain | ||
a system of online accounts to provide access to the grant described | ||
by Subsection (a) to an eligible student's parent. | ||
(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 process for transfer of | ||
direction of the account from the parent to the student, if | ||
initiated by the student, for unexpended amounts in the account at | ||
the time of the student's graduation that may be used in accordance | ||
with Section 29.756(d). | ||
Sec. 29.753. 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 29.752(b) and assigned to the student | ||
under Section 29.755. | ||
Sec. 29.754. PROGRAM ELIGIBILITY CRITERIA. (a) The agency | ||
shall establish eligibility criteria for the approval of an | ||
application submitted under Section 29.753. The criteria must | ||
require that the student be enrolled in the current school year at a | ||
school district or open-enrollment charter school. | ||
(b) The eligibility criteria established under this section | ||
must also prioritize students for whom a school district or | ||
open-enrollment charter school is eligible for a compensatory | ||
education allotment under Section 48.104. | ||
Sec. 29.755. APPROVAL OF APPLICATION; ASSIGNMENT OF | ||
ACCOUNT. The agency shall approve each student who meets the | ||
program eligibility criteria established under Section 29.754 and | ||
assign to the student an account maintained under Section | ||
29.752(b). The account may only be used by the student's parent to | ||
purchase supplemental services or supplemental instructional | ||
materials for the student, subject to Sections 29.756 and 29.757. | ||
Sec. 29.756. ACCOUNT USE RESTRICTION. (a) Money in an | ||
account assigned to a student under Section 29.755 may be used only | ||
for supplemental services, supplemental instructional materials, | ||
and expenditures for tuition and fees as authorized by Subsection | ||
(d). | ||
(b) Supplemental services must be provided by an | ||
agency-approved provider. | ||
(c) If the agency has approved vendors for a category of | ||
supplemental instructional materials under Section 29.757, | ||
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) In developing the program, the commissioner shall allow | ||
the use of funds under the program to be spent on tuition and fees at | ||
an institution of higher education or private or independent | ||
institution of higher education including any unexpended funds in a | ||
student's account at the time of graduation by the student for up to | ||
six years following the year the student graduates. | ||
Sec. 29.757. 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. 29.758. PUBLIC SCHOOL PROVIDERS. A school district or | ||
open-enrollment charter school provider approved under Section | ||
29.757 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. 29.759. 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 29.752(b) for the student may be | ||
used; and | ||
(2) instructions regarding accessing an account | ||
described by Subdivision (1). | ||
Sec. 29.760. DETERMINATION OF COMMISSIONER FINAL. | ||
Notwithstanding Section 7.057, a determination of the commissioner | ||
under this subchapter and Section 48.305 is final and may not be | ||
appealed. | ||
Sec. 29.761. 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 48.305 to read as follows: | ||
Sec. 48.305. PARENT-DIRECTED SUPPLEMENTAL SERVICES FOR | ||
STUDENTS GRANT. (a) A student to whom the agency awards a grant | ||
under Subchapter R, Chapter 29, is entitled to receive a grant equal | ||
to $1,000 or a greater amount by appropriation. | ||
(b) The agency shall use money appropriated to the agency | ||
for purposes of this section to award grants under Subchapter R, | ||
Chapter 29. | ||
(c) A student may receive a grant under Subchapter R, | ||
Chapter 29, once while enrolled in kindergarten through grade | ||
twelve. A student may receive an additional grant if the | ||
legislature appropriates money for the additional grant in the | ||
General Appropriations Act. | ||
SECTION 3. Not later than December 1, 2023, the | ||
commissioner of education shall adopt all rules necessary for the | ||
establishment and administration of the parent-directed | ||
supplemental services program required under Subchapter R, 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, 2023. |