Bill Text: TX SB8 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Engrossed - Dead) 2023-05-15 - Left pending in committee [SB8 Detail]

Download: Texas-2023-SB8-Engrossed.html

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By: Creighton, et al. S.B. No. 8

A BILL TO BE ENTITLED
AN ACT
relating to public education, including parental rights and public
school responsibilities regarding instructional materials and the
establishment of an education savings account program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PARENTAL RIGHTS AND CURRICULUM
SECTION 1.001. Chapter 1, Education Code, is amended by
adding Section 1.009 to read as follows:
Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
The fundamental rights granted to parents by their Creator and
upheld by the United States Constitution, the Texas Constitution,
and the laws of this state, including the right to direct the moral
and religious training of the parent's child, make decisions
concerning the child's education, and consent to medical,
psychiatric, and psychological treatment of the parent's child
under Section 151.001, Family Code, may not be infringed on by any
public elementary or secondary school or state governmental entity,
including the state or a political subdivision of the state, unless
the infringement is:
(1) necessary to further a compelling state interest,
such as providing life-saving care to a child; and
(2) narrowly tailored using the least restrictive
means to achieve that compelling state interest.
SECTION 1.002. Section 11.161, Education Code, is amended
to read as follows:
Sec. 11.161. FRIVOLOUS SUIT OR PROCEEDING. (a) In a civil
suit or administrative proceeding brought under state law or rules
[,] against an independent school district or an officer of an
independent school district acting under color of office, the court
or another person authorized to make decisions regarding the
proceeding may award costs and reasonable attorney's fees if:
(1) the court or other authorized person finds that
the suit or proceeding is frivolous, unreasonable, and without
foundation; and
(2) the suit or proceeding is dismissed or judgment is
for the defendant.
(b) This section does not apply to a civil suit or
administrative proceeding brought under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.). A
civil suit or administrative proceeding described by this
subsection is governed by the attorney's fees provisions under 20
U.S.C. Section 1415.
SECTION 1.003. Section 25.036, Education Code, is amended
to read as follows:
Sec. 25.036. TRANSFER OF STUDENT. (a) Any child, other
than a high school graduate, who is younger than 21 years of age and
eligible for enrollment on September 1 of any school year may apply
to transfer for in-person instruction annually from the child's
school district of residence to another district in this state for
in-person instruction [if both the receiving district and the
applicant parent or guardian or person having lawful control of the
child jointly approve and timely agree in writing to the transfer].
(b) A transfer application approved [agreement] under this
section shall be filed and preserved as a receiving district record
for audit purposes of the agency.
(c) A school district may deny approval of a transfer under
this section only if:
(1) the district or a school in the district to which a
student seeks to transfer is at full student capacity or has more
requests for transfers than available positions after the district
has filled available positions in accordance with Subsection (e);
(2) at the time a student seeks to transfer, the
student is suspended or expelled by the district in which the
student is enrolled; or
(3) approving the transfer would supersede a
court-ordered desegregation plan.
(d) For the purpose of determining whether a school in a
school district is at full student capacity under Subsection
(c)(1), the district may not consider equity as a factor in the
district's decision-making process.
(e) A school district that has more applicants for transfer
under this section than available positions must fill the available
positions by lottery and must give priority to applicants in the
following order:
(1) students who:
(A) do not reside in the district but were
enrolled in the district in the preceding school year; or
(B) are dependents of an employee of the
receiving district; and
(2) students:
(A) receiving special education services under
Subchapter A, Chapter 29;
(B) who are dependents of military personnel;
(C) who are dependents of law enforcement
personnel;
(D) in foster care;
(E) who are the subject of court-ordered
modification of an order establishing conservatorship or
possession and access; or
(F) who are siblings of a student who is enrolled
in the receiving district at the time the student seeks to transfer.
(f) A student who transfers to another school district under
this section may not be charged tuition. The student is included in
the average daily attendance of the district to which the student
transfers, beginning on the date the student begins attending
classes at that district.
(g) A receiving school district may, but is not required to,
provide transportation to a student who transfers to the receiving
district under this section.
(h) A receiving school district may revoke, at any time
during the school year, the approval of the student's transfer if:
(1) the student:
(A) fails to comply with a condition specified in
the agreement that is:
(i) a circumstance specified in the student
code of conduct under Section 37.001(a)(1);
(ii) a condition specified in the student
code of conduct under Section 37.001(a)(2);
(iii) conduct for which a student is
required or permitted to be removed from class and placed in a
disciplinary alternative education program under Section 37.006;
or
(iv) conduct for which a student is
required or permitted to be expelled from school under Section
37.007; or
(B) fails to maintain a specified school
attendance rate; and
(2) before revoking approval of the student's
transfer, the district ensures the student is afforded appropriate
due process and complies with any requirements of state law or
district policy relating to the expulsion of a student to the same
extent as if the student were being expelled under Section 37.007.
SECTION 1.004. Section 26.001, Education Code, is amended
by amending Subsections (a), (c), (d), and (e) and adding
Subsections (a-1) and (c-1) to read as follows:
(a) As provided under Section 151.001, Family Code, a parent
has the right to direct the moral and religious training of the
parent's child, make decisions concerning the child's education,
and consent to medical, psychiatric, and psychological treatment of
the child without obstruction or interference from this state, any
political subdivision of this state, a school district or
open-enrollment charter school, or any other governmental entity.
(a-1) Parents are partners with educators, administrators,
and school district boards of trustees in their children's
education. Parents shall be encouraged to actively participate in
creating and implementing educational programs for their children.
(c) Unless otherwise provided by law, a board of trustees,
administrator, educator, or other person shall comply with Section
1.009 and may not limit parental rights or withhold information
from a parent regarding the parent's child.
(c-1) A school district may not be considered to have
withheld information from a parent regarding the parent's child if
the district's actions are in accordance with other law, including
the Family Education Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(d) Each board of trustees shall:
(1) provide for procedures to consider complaints that
a parent's right has been denied; [.]
(2) develop a plan for parental participation in the
district to improve parent and teacher cooperation, including in
the areas of homework, school attendance, and discipline;
(3) [(e) Each board of trustees shall] cooperate in
the establishment of ongoing operations of at least one
parent-teacher organization at each school in the district to
promote parental involvement in school activities; and
(4) provide to a parent of a child on the child's
enrollment in the district for the first time and to the parent of
each child enrolled in the district at the beginning of each school
year information about parental rights and options, including the
right to withhold consent for or exempt the parent's child from
certain activities and instruction, that addresses the parent's
rights and options concerning:
(A) the child's course of study and supplemental
services;
(B) instructional materials and library
materials;
(C) health education instruction under Section
28.004;
(D) instruction regarding sexual orientation and
gender identity under Section 28.0043;
(E) school options, including virtual and remote
schooling options;
(F) immunizations under Section 38.001;
(G) gifted and talented programs;
(H) promotion, retention, and graduation
policies;
(I) grade, class rank, and attendance
information;
(J) state standards and requirements;
(K) data collection practices;
(L) health care services, including notice and
consent under Section 26.0083(g); and
(M) the local grievance procedure under Section
26.011.
(e) The agency shall develop a form for use by school
districts in providing information about parental rights and
options under Subsection (d)(4). Each school district shall post
the form in a prominent location on the district's Internet
website.
SECTION 1.005. Chapter 26, Education Code, is amended by
adding Sections 26.0026, 26.0061, and 26.0083 to read as follows:
Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. A
parent is entitled to choose the educational setting for the
parent's child, including public school, private school, or home
school.
Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL
REVIEW. (a) The board of trustees of each school district shall
establish a process by which a parent of a student, as indicated on
the student registration form at the student's campus, may request
an instructional material review under Section 31.0236 for a
subject area in the grade level in which the student is enrolled.
(b) A process established under Subsection (a):
(1) may not require more than one parent of a student
to make the request;
(2) must provide for the board of trustees of the
school district to determine if the request will be granted, either
originally or through an appeal process; and
(3) may permit the requesting parent to review the
instructional material directly before the district conducts an
instructional material review under Section 31.0236.
(c) If the parents of at least 25 percent of the students
enrolled at a campus present to the board of trustees of the school
district in which the campus is located a petition for the board to
conduct an instructional material review under Section 31.0236, the
board shall conduct the review, unless, by a majority vote, the
board denies the request.
(d) Notwithstanding Subsection (c), if the parents of at
least 50 percent of the students enrolled at a school district
campus present to the board of trustees of the district a petition
to conduct an instructional material review under Section 31.0236,
the board shall conduct the review.
(e) A review conducted under Subsection (c) or (d) shall
include a review of instructional materials for each subject area
or grade level specified in the petition.
(f) The commissioner may adopt rules to implement this
section.
Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL,
EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a)
The agency shall adopt a procedure for school districts to notify
the parent of a student enrolled in the district regarding any
change in services provided to or monitoring of the student related
to the student's mental, emotional, or physical health or
well-being.
(b) A procedure adopted under Subsection (a) must reinforce
the fundamental right of a parent to make decisions regarding the
upbringing and control of the parent's child by requiring school
district personnel to:
(1) encourage a student to discuss issues relating to
the student's well-being with the student's parent; or
(2) facilitate a discussion described under
Subdivision (1).
(c) A school district may not adopt a procedure that:
(1) prohibits a district employee from notifying the
parent of a student regarding:
(A) information about the student's mental,
emotional, or physical health or well-being; or
(B) a change in services provided to or
monitoring of the student related to the student's mental,
emotional, or physical health or well-being;
(2) encourages or has the effect of encouraging a
student to withhold from the student's parent information described
by Subdivision (1)(A); or
(3) prevents a parent from accessing education or
health records concerning the parent's child.
(d) Subsections (a) and (c) do not require the disclosure of
information to a parent if a reasonably prudent person would
believe the disclosure is likely to result in the student suffering
abuse or neglect, as those terms are defined by Section 261.001,
Family Code.
(e) A school district employee may not discourage or
prohibit parental knowledge of or involvement in critical decisions
affecting a student's mental, emotional, or physical health or
well-being.
(f) Any student support services training developed or
provided by a school district to district employees must comply
with any student services guidelines, standards, and frameworks
established by the State Board of Education and the agency.
(g) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of each health-related
service offered at the district campus the student attends. The
notice must include a statement of the parent's right to withhold
consent for or decline a health-related service. A parent's
consent to a health-related service does not waive a requirement of
Subsection (a), (c), or (e).
(h) Before administering a student well-being questionnaire
or health screening form to a student enrolled in prekindergarten
through 12th grade, a school district must provide a copy of the
questionnaire or form to the student's parent and obtain the
parent's consent to administer the questionnaire or form.
(i) This section may not be construed to:
(1) limit or alter the requirements of Section 38.004
of this code or Chapter 261, Family Code; or
(2) limit a school district employee's ability to
inquire about a student's daily well-being without parental
consent.
(j) Not later than June 30, 2024, the agency, the State
Board of Education, and the State Board for Educator Certification,
as appropriate, shall review and revise as necessary the following
to ensure compliance with this section:
(1) school counseling frameworks and standards;
(2) educator practices and professional conduct
principles; and
(3) any other student services personnel guidelines,
standards, or frameworks.
(k) Subsection (j) and this subsection expire September 1,
2025.
SECTION 1.006. Section 26.004(b), Education Code, is
amended to read as follows:
(b) A parent is entitled to access to all written records of
a school district concerning the parent's child, including:
(1) attendance records;
(2) test scores;
(3) grades;
(4) disciplinary records;
(5) counseling records;
(6) psychological records;
(7) applications for admission;
(8) medical records in accordance with Section
38.0095, including health and immunization information;
(9) teacher and school counselor evaluations;
(10) reports of behavioral patterns; and
(11) records relating to assistance provided for
learning difficulties, including information collected regarding
any intervention strategies used with the child.
SECTION 1.007. Chapter 26, Education Code, is amended by
adding Section 26.0071 to read as follows:
Sec. 26.0071. COMMUNITY ENGAGEMENT POLICY. Each board of
trustees of a school district shall develop a parental engagement
policy that:
(1) provides for an Internet portal through which
parents of students enrolled in the district may submit comments to
campus or district administrators and the board;
(2) requires the board to prioritize public comments
by presenting those comments at the beginning of each board
meeting; and
(3) requires board meetings to be held outside of
typical work hours.
SECTION 1.008. Section 26.008, Education Code, is amended
to read as follows:
Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT.
(a) Except as provided by Section 38.004, a [A] parent is entitled
to:
(1) full information regarding the school activities
of a parent's child; and
(2) notification not later than one school business
day after the date a school district employee first suspects that a
criminal offense has been committed against the parent's child
[except as provided by Section 38.004].
(b) An attempt by any school district employee to encourage
or coerce a child to withhold information from the child's parent is
grounds for discipline under Section 21.104, 21.156, or 21.211, as
applicable, or by the State Board for Educator Certification, if
applicable.
SECTION 1.009. Section 26.009, Education Code, is amended
by amending Subsection (a) and adding Subsections (a-1), (a-2),
(a-3), (c), and (d) to read as follows:
(a) An employee of a school district must obtain the written
consent of a child's parent in the manner required by Subsection
(a-2) before the employee may:
(1) conduct a psychological examination, test, or
treatment, unless the examination, test, or treatment is required
under Section 38.004 or state or federal law regarding requirements
for special education; [or]
(2) subject to Subsection (b), make or authorize the
making of a videotape of a child or record or authorize the
recording of a child's voice;
(3) unless authorized by other law:
(A) disclose a child's health or medical
information to any person other than the child's parent; or
(B) collect, use, store, or disclose to any
person other than the child's parent a child's biometric
identifiers; or
(4) subject to Subsection (a-3), provide health care
services or medication or conduct a medical procedure.
(a-1) For purposes of Subsection (a), "biometric
identifier" means a blood sample, hair sample, skin sample, DNA
sample, body scan, retina or iris scan, fingerprint, voiceprint, or
record of hand or face geometry.
(a-2) Written consent for a parent's child to participate in
a district activity described by Subsection (a) must be signed by
the parent and returned to the district. A child may not
participate in the activity unless the district receives the
parent's signed written consent to that activity.
(a-3) For the purpose of obtaining written consent for
actions described by Subsection (a)(4) that are determined by a
school district to be routine care provided by a person who is
authorized by the district to provide physical or mental
health-related services, the district may obtain consent at the
beginning of the school year or at the time of the child's
enrollment in the district. Unless otherwise provided by a child's
parent, written consent obtained in accordance with this subsection
is effective until the end of the school year in which the consent
was obtained.
(c) Before the first instructional day of each school year,
a school district shall provide to the parent of each student
enrolled in the district written notice of any actions the district
may take involving the authorized collection, use, or storage of
information as described by Subsection (a)(3). The notice must:
(1) include a plain language explanation for the
district's collection, use, or storage of the child's information
and the district's legal authority to engage in that collection,
use, or storage; and
(2) be signed by the parent and returned to the
district.
(d) A school district shall take disciplinary action
against an employee responsible for allowing a child to participate
in an activity described by Subsection (a)(4) if the district did
not obtain a parent's consent for the child's participation in that
activity.
SECTION 1.010. Section 26.011, Education Code, is amended
to read as follows:
Sec. 26.011. LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
(a) The board of trustees of each school district shall adopt a
grievance procedure under which the board shall:
(1) address each grievance [complaint] that the board
receives concerning a violation of a right guaranteed by Section
1.009 or this chapter:
(A) if the grievance is filed not later than six
school weeks after the date on which the parent received notice of
an incident giving rise to the grievance; or
(B) regardless of whether the grievance was filed
during the period prescribed by Paragraph (A) if the grievance was
informally brought to the attention of school district personnel
during that period;
(2) allow a parent at any time before a final decision
by the board to provide additional evidence regarding the parent's
grievance; and
(3) allow a parent to file more than one grievance at
the same time.
(b) The board of trustees of a school district is not
required by Subsection (a) or Section 11.1511(b)(13) to address a
grievance [complaint] that the board receives concerning a
student's participation in an extracurricular activity that does
not involve a violation of a right guaranteed by this chapter. This
subsection does not affect a claim brought by a parent under the
Individuals with Disabilities Education Act (20 U.S.C. Section 1400
et seq.) or a successor federal statute addressing special
education services for a child with a disability.
(c) The board of trustees of a school district shall ensure
a grievance procedure adopted under Subsection (a):
(1) authorizes a parent to file a grievance with the
principal of the district campus the parent's child attends or the
person designated by the district to receive grievances for that
campus;
(2) requires that a principal or the person designated
by the district to receive grievances for a campus:
(A) acknowledge receipt of a grievance under
Subdivision (1) not later than two school business days after
receipt of the grievance; and
(B) not later than the 14th school business day
after receipt of a grievance described by Subdivision (1), provide
to the parent who submitted the grievance written documentation of
the decision regarding the issue that gave rise to the grievance,
including:
(i) an explanation of the findings that
contributed to the decision;
(ii) notification regarding the parent's
right to appeal the decision; and
(iii) the timeline for appealing the
decision;
(3) requires that, if a parent appeals a decision
under Subdivision (2) not later than the 14th school business day
after receiving notice of the decision, the superintendent or the
superintendent's designee provide to the parent not later than the
14th school business day after receipt of the appeal written
documentation of the decision regarding the issue that gave rise to
the grievance, including:
(A) an explanation of the findings that
contributed to the decision;
(B) notification regarding the parent's right to
appeal the decision; and
(C) the timeline for appealing the decision;
(4) requires that, if a parent appeals a decision
under Subdivision (3) not later than the 14th school business day
after receiving notice of the decision, the board hear the
grievance in a closed session at the board's next regular meeting
that occurs on or after the 14th school business day after the date
the board receives notice of the appeal; and
(5) requires that, not later than the 10th school
business day after the date of a board meeting described by
Subdivision (4), the board provide to the parent written
documentation of the board's decision regarding the issue that gave
rise to the grievance, including notice that the parent may appeal
to the commissioner in writing under Section 7.057, if applicable.
(d) The parties may mutually agree to adjust the timeline
for the procedure under this section.
(e) Notwithstanding Subsection (d), if a grievance
submitted under this section involves an employee who is on
documented leave that is scheduled to begin or has begun before the
grievance is submitted, the district may alter the timeline for the
procedure under this section to make a reasonable accommodation for
the employee's leave. The district must provide notice of the
change to the parent who submitted the grievance.
SECTION 1.011. Chapter 26, Education Code, is amended by
adding Sections 26.0111 and 26.0112 to read as follows:
Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER.
(a) This section applies only to a grievance regarding a violation
of:
(1) Section 28.0022, 28.004, or 28.0043 or Chapter 38
or the implementation of those provisions by a school district; or
(2) Chapter 551, Government Code, involving school
district personnel.
(b) If a parent has exhausted the parent's options under the
local grievance procedure established by the board of trustees of a
school district under Section 26.011 regarding a grievance to which
this section applies, and the grievance is not resolved to a
parent's satisfaction, the parent may file a written request with
the commissioner for a hearing before a hearing examiner under this
section not later than the 30th school business day after the date
on which the board of trustees of the district resolved the parent's
grievance under Section 26.011. The parent must provide the
district with a copy of the request and must provide the
commissioner with a copy of the district's resolution of the
grievance. The parties may agree in writing to extend by not more
than 10 school business days the deadline for requesting a hearing.
(c) The commissioner shall assign a hearing examiner to
review the grievance in the manner provided by Section 21.254. The
hearing examiner has the powers described by Sections 21.255 and
21.256 and shall conduct the hearing in the manner provided by those
sections as if the parent were a teacher.
(d) Not later than the 60th business day after the date on
which the commissioner receives a parent's written request for a
hearing, the hearing examiner shall complete the hearing and make a
written recommendation that includes proposed findings of fact and
conclusions of law. The recommendation of the hearing examiner is
final and may not be appealed.
(e) Sections 21.257(c), (d), and (e) apply to a hearing
under this section in the same manner as a hearing conducted under
Subchapter F, Chapter 21.
(f) Section 21.258 applies to the State Board of Education
in the same manner as if the board were the board of trustees of the
school district or board subcommittee.
(g) Chapter 2001, Government Code, does not apply to the
State Board of Education's actions regarding the recommendation of
the hearing examiner.
(h) The costs of the hearing examiner, the court reporter,
the original hearing transcript, and any hearing room costs, if the
hearing room is not provided by the school district, shall be paid
by the school district if the hearing examiner finds in favor of the
parent.
(i) Notwithstanding Subsection (d), if a parent fails to
appear at a hearing under this section, the hearing examiner is not
required to complete the hearing and may not make a recommendation
in favor of the parent.
Sec. 26.0112. TESTIMONY BEFORE STATE BOARD OF EDUCATION.
If a hearing examiner reviews and finds against a school district
under Section 26.0111 in at least five grievances to which that
section applies involving the district during a school year, the
superintendent of the school district must appear before the State
Board of Education to testify regarding the hearing examiner's
findings and the frequency of grievances against the district.
SECTION 1.012. Section 28.002, Education Code, is amended
by adding Subsection (c-4) to read as follows:
(c-4) The State Board of Education may not adopt standards
in violation of Section 28.0043.
SECTION 1.013. Subchapter A, Chapter 28, Education Code, is
amended by adding Section 28.0043 to read as follows:
Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL
ORIENTATION AND GENDER IDENTITY. (a) A school district,
open-enrollment charter school, or district or charter school
employee may not provide or allow a third party to provide
instruction, guidance, activities, or programming regarding sexual
orientation or gender identity to students enrolled in
prekindergarten through 12th grade.
(b) This section may not be construed to limit:
(1) a student's ability to engage in speech or
expressive conduct protected by the First Amendment to the United
States Constitution or by Section 8, Article I, Texas Constitution,
that does not result in material disruption to school activities;
or
(2) the ability of a person who is authorized by the
district to provide physical or mental health-related services to
provide the services to a student, subject to any required parental
consent.
SECTION 1.014. Section 28.02124, Education Code, is amended
by amending Subsection (a) and adding Subsections (a-1) and (a-2)
to read as follows:
(a) Subject to Subsection (c), a parent or guardian may
elect for a student to:
(1) repeat prekindergarten;
(2) enroll in prekindergarten, if the student would
have been eligible to enroll in prekindergarten during the previous
school year under Section 29.153(b) and the student has not yet
enrolled in kindergarten;
(3) repeat kindergarten;
(4) enroll in kindergarten, if the student would have
been eligible to enroll in kindergarten in the previous school year
and has not yet enrolled in first grade; or
(5) for grades one through eight [three], repeat the
grade in which the student was enrolled during the previous school
year.
(a-1) Subject to Subsection (c), for courses taken for high
school credit, a parent or guardian may elect for a student to
repeat any course in which the student was enrolled during the
previous school year. A parent or guardian may not elect for a
student to repeat a course under this subsection if the school
district or open-enrollment charter school determines the student
has met all of the requirements for graduation.
(a-2) A parent or guardian may make an election under
Subsection (a)(5) or (a-1), or both.
SECTION 1.015. The heading to Section 28.022, Education
Code, is amended to read as follows:
Sec. 28.022. NOTICE TO PARENT OF UNSATISFACTORY
PERFORMANCE; CONFERENCES.
SECTION 1.016. Section 28.022(a), Education Code, is
amended to read as follows:
(a) The board of trustees of each school district shall
adopt a policy that:
(1) provides for at least two opportunities for
in-person conferences during each school year [a conference]
between each parent of a child enrolled in the district and the
child's [parents and] teachers;
(2) requires the district, at least once every 12
weeks, to give written notice to a parent of a student's performance
in each class or subject; and
(3) requires the district, at least once every three
weeks, or during the fourth week of each nine-week grading period,
to give written notice to a parent or legal guardian of a student's
performance in a subject included in the foundation curriculum
under Section 28.002(a)(1) if the student's performance in the
subject is consistently unsatisfactory, as determined by the
district.
SECTION 1.017. Subchapter B, Chapter 31, Education Code, is
amended by adding Section 31.0236 to read as follows:
Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
MATERIAL. (a) The agency shall adopt rules developing a process by
which a school district may conduct a review of instructional
materials used by a classroom teacher in a foundation curriculum
course under Section 28.002(a)(1) to determine the degree to which
the material:
(1) complies with the instructional materials adopted
by the school district; and
(2) is appropriately rigorous for the grade level in
which it is being used.
(b) A review conducted under this section may only be
conducted using a rubric developed by the agency and approved by the
State Board of Education.
(c) The agency, in developing a review process under
Subsection (a):
(1) shall minimize, to the extent possible, the time a
classroom teacher is required to spend complying with a review
conducted under this section;
(2) may not require a teacher to spend more than 30
minutes on a single review conducted under this section unless the
teacher determines that spending more than 30 minutes on the review
is necessary; and
(3) shall permit a regional education service center
to conduct the review for a school district, if the center has
completed the training offered by the agency under Subsection (d).
(d) The agency shall provide to regional education service
centers training relating to appropriately conducting a review
under this section.
SECTION 1.018. Section 12.104(b), Education Code, as
amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th
Legislature, Regular Session, 2021, is reenacted and amended to
read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense;
(2) the provisions in Chapter 554, Government Code;
and
(3) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29, except class size limits for prekindergarten
classes imposed under Section 25.112, which do not apply;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) the provisions of Subchapter A, Chapter 39;
(M) public school accountability and special
investigations under Subchapters A, B, C, D, F, G, and J, Chapter
39, and Chapter 39A;
(N) the requirement under Section 21.006 to
report an educator's misconduct;
(O) intensive programs of instruction under
Section 28.0213;
(P) the right of a school employee to report a
crime, as provided by Section 37.148;
(Q) bullying prevention policies and procedures
under Section 37.0832;
(R) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
(S) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment;
(T) a parent's right to information regarding the
provision of assistance for learning difficulties to the parent's
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
(U) establishment of residency under Section
25.001;
(V) school safety requirements under Sections
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
37.207, and 37.2071;
(W) the early childhood literacy and mathematics
proficiency plans under Section 11.185;
(X) the college, career, and military readiness
plans under Section 11.186; [and]
(Y) [(X)] parental options to retain a student
under Section 28.02124;
(Z) parental access to instructional materials
and curricula under Section 26.0061;
(AA) the adoption of a community engagement
policy as provided by Section 26.0071; and
(BB) parental rights to information regarding a
student's mental, emotional, and physical health-related needs and
related services offered by the school as provided by Section
26.0083.
SECTION 1.019. Section 28.004(i-3), Education Code, is
repealed.
ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM
SECTION 2.001. The purpose of this article is to:
(1) provide additional educational options to assist
families in this state in exercising the right to direct the
educational needs of their children; and
(2) achieve a general diffusion of knowledge.
SECTION 2.002. Chapter 29, Education Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
Sec. 29.351. DEFINITIONS. In this subchapter:
(1) "Account" means an education savings account
established under the program.
(2) "Certified educational assistance organization"
means an organization certified under Section 29.354 to support the
administration of the program.
(3) "Child with a disability" means a child who is
eligible to participate in a school district's special education
program under Section 29.003.
(4) "Higher education provider" means an institution
of higher education or a private or independent institution of
higher education, as those terms are defined by Section 61.003.
(5) "Parent" means a resident of this state who is a
natural or adoptive parent, managing or possessory conservator,
legal guardian, custodian, or other person with legal authority to
act on behalf of a child.
(6) "Program" means the program established under this
subchapter.
(7) "Program participant" means a child and a parent
of a child enrolled in the program.
Sec. 29.352. ESTABLISHMENT OF PROGRAM. The comptroller
shall establish a program to provide funding for approved
education-related expenses of children participating in the
program.
Sec. 29.353. PROGRAM FUND. (a) The program fund is an
account in the general revenue fund to be administered by the
comptroller.
(b) The fund is composed of:
(1) general revenue transferred to the fund;
(2) money appropriated to the fund;
(3) gifts, grants, and donations received under
Section 29.370; and
(4) any other money available for purposes of the
program.
(c) Money in the fund may be appropriated only for the uses
specified by this subchapter.
Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
ORGANIZATIONS. (a) An organization may apply to the comptroller
for certification as a certified educational assistance
organization during an application period established by the
comptroller.
(b) To be eligible for certification, an organization must:
(1) have the ability to perform the duties and
functions required of a certified educational assistance
organization under this subchapter;
(2) be in good standing with the state; and
(3) be able to assist the comptroller in administering
the program, including the ability to:
(A) accept, process, and track applications for
the program;
(B) assist prospective applicants, applicants,
and program participants with finding preapproved education
service providers and vendors of educational products;
(C) accept and process payments for approved
education-related expenses; and
(D) verify that program funding is used only for
approved education-related expenses.
(c) The comptroller may certify not more than five
educational assistance organizations to support the administration
of the program, including by:
(1) administering:
(A) the application process under Section
29.356; and
(B) the program expenditures process under
Section 29.360; and
(2) assisting prospective applicants, applicants, and
program participants with understanding approved education-related
expenses and finding preapproved education service providers and
vendors of educational products.
Sec. 29.355. ELIGIBLE CHILD. (a) A child is eligible to
participate in the program and may, subject to available funding
and the requirements of this subchapter, initially enroll in the
program for the school year following the school year in which the
child's application is submitted under Section 29.356 if the child:
(1) is eligible to:
(A) attend a public school under Section 25.001;
or
(B) enroll in a public school's prekindergarten
program under Section 29.153; and
(2) either:
(A) attended any public school in this state for
at least 90 percent of the school year preceding the school year for
which the child applies to enroll in the program; or
(B) is enrolling in prekindergarten or
kindergarten for the first time, including a child who was
homeschooled before enrollment.
(a-1) Notwithstanding Subsection (a) and subject to Section
29.356(b-1), a child is eligible to participate in the program if
the child:
(1) meets the qualifications under Subsection (a)(1);
(2) attended private school on a full-time basis for
the preceding school year; and
(3) is a member of a household with a total annual
income that is at or below 200 percent of the federal poverty
guidelines.
(b) A child who establishes eligibility under this section
may, subject to available funding and the requirements of this
subchapter, participate in the program until the earliest of the
following dates:
(1) the date on which the child graduates from high
school;
(2) the date on which the child is no longer eligible
to attend a public school under Section 25.001;
(3) the date on which the child enrolls in a public
school, including an open-enrollment charter school, in a manner in
which the child will be counted toward the school's average daily
attendance for purposes of the allocation of funding under the
foundation school program; or
(4) the date on which the child is declared ineligible
for the program by the comptroller under this subchapter.
(c) Notwithstanding Subsection (a) or (b), a child is not
eligible to participate in the program during the period in which
the child's parent or legal guardian is a state representative or
state senator.
Sec. 29.356. APPLICATION TO PROGRAM. (a) A parent of an
eligible child may apply to a certified educational assistance
organization to enroll the child in the program for the following
school year. The comptroller shall establish quarterly deadlines
by which an applicant must complete and submit an application form
to participate in the program.
(b) On receipt of more acceptable applications during an
application period for admission under this section than available
positions in the program due to insufficient funding, a certified
educational assistance organization shall, at the direction of the
comptroller:
(1) for not more than two-thirds of the available
positions, prioritize applicants who would otherwise attend a
campus with an overall performance rating under Section 39.054 of
C, D, or F;
(2) fill the remaining available positions with
applicants who would otherwise attend a campus with an overall
performance rating under Section 39.054 of A or B; and
(3) subject to Subdivisions (1) and (2), consider
applications in the order received.
(b-1) This subsection applies only to children who are
eligible to participate in the program under Section 29.355(a-1).
Not more than 10 percent of available positions in the program may
be provided to children to whom this subsection applies. Each year,
the comptroller shall notify each certified educational assistance
organization regarding the number of children to whom this
subsection applies that the organization may accept for
participation in the program for that year. In accepting children
to whom this subsection applies to participate in the program, a
certified educational assistance organization shall ensure, to the
extent feasible, that the organization accepts an equivalent number
of children from each region of this state.
(c) The comptroller shall create an application form for the
program and each certified educational assistance organization
shall make the application form readily available through various
sources, including the organization's Internet website. The
application form must state the quarterly application deadlines
established by the comptroller under Subsection (a). Each
organization shall ensure that the application form, including any
required supporting document, is capable of being submitted to the
organization electronically.
(d) A certified educational assistance organization shall
post on the organization's Internet website an applicant and
participant handbook with a description of the program, including:
(1) expenses allowed under the program under Section
29.359;
(2) a list of preapproved education service providers
and vendors of educational products under Section 29.358;
(3) a description of the application process under
this section and the program expenditures process under Section
29.360; and
(4) a description of the responsibilities of program
participants.
(e) A certified educational assistance organization shall
annually provide to the parent of each child participating in the
program the information described by Subsection (d). The
organization may provide the information electronically.
(f) A certified educational assistance organization:
(1) may require the parent of a child participating in
the program to submit annual notice regarding the parent's intent
for the child to continue participating in the program for the next
school year; and
(2) may not require a program participant in good
standing to annually resubmit an application for continued
participation in the program.
Sec. 29.357. PARTICIPATION IN PROGRAM. To receive funding
under the program, a parent of a child participating in the program
must agree to:
(1) spend money received through the program only for
expenses allowed under Section 29.359;
(2) share or authorize the administrator of an
assessment instrument to share with the program participant's
certified educational assistance organization the results of any
assessment instrument required to be administered to the child
under Section 29.358(b)(1)(B) or other law;
(3) refrain from selling an item purchased with
program money; and
(4) notify the program participant's certified
educational assistance organization not later than 30 business days
after the date on which the child:
(A) enrolls in a public school, including an
open-enrollment charter school;
(B) graduates from high school; or
(C) is no longer eligible to either:
(i) enroll in a public school under Section
25.001; or
(ii) enroll in a public school's
prekindergarten program under Section 29.153.
Sec. 29.358. PREAPPROVED PROVIDERS. (a) The comptroller
shall by rule establish a process for the preapproval of education
service providers and vendors of educational products for
participation in the program. The comptroller shall allow for the
submission of applications on a rolling basis.
(b) The comptroller shall approve an education service
provider or vendor of educational products for participation in the
program if the provider or vendor:
(1) for a private school, demonstrates:
(A) accreditation by an organization recognized
by:
(i) the Texas Private School Accreditation
Commission; or
(ii) the agency; and
(B) annual administration of a nationally
norm-referenced assessment instrument or the appropriate
assessment instrument required under Subchapter B, Chapter 39;
(2) for a public school, demonstrates:
(A) accreditation by the agency; and
(B) the ability to provide services or products
to children participating in the program in a manner in which the
children are not counted toward the school's average daily
attendance;
(3) for a private tutor, therapist, or teaching
service:
(A) demonstrates that the tutor or therapist or
each employee of the teaching service who intends to provide
educational services to a child participating in the program:
(i) is an educator employed by or a retired
educator formerly employed by a school accredited by the agency, an
organization recognized by the agency, or an organization
recognized by the Texas Private School Accreditation Commission;
(ii) holds a relevant license or
accreditation issued by a state, regional, or national
certification or accreditation organization; or
(iii) is employed in or retired from a
teaching or tutoring capacity at a higher education provider;
(B) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a child participating in the program either:
(i) completes a national criminal history
record information review; or
(ii) provides to the comptroller
documentation indicating that the tutor, therapist, or employee, as
applicable, has completed a national criminal history record
information review within a period established by comptroller rule;
and
(C) the tutor or therapist or each employee of
the teaching service who intends to provide educational services to
a child participating in the program is not included in the registry
under Section 22.092; or
(4) for a higher education provider, demonstrates
nationally recognized postsecondary accreditation.
(c) The comptroller shall review the national criminal
history record information or documentation for each private tutor,
therapist, or teaching service employee who submits information or
documentation under this section and verify that the individual is
not included in the registry under Section 22.092. The tutor,
therapist, or service must provide the comptroller with any
information requested by the comptroller to enable the comptroller
to complete the review.
(d) An education service provider or vendor of educational
products shall provide information requested by the comptroller to
verify the provider's or vendor's eligibility for preapproval under
Subsection (b). The comptroller may not approve a provider or
vendor if the comptroller cannot verify the provider's or vendor's
eligibility for preapproval.
(e) An education service provider or vendor of educational
products that no longer satisfies the requirements of this section
must notify the comptroller not later than the 30th business day
after the date that the provider or vendor no longer meets the
requirements.
(f) This section may not be construed to allow a learning
pod, as defined by Section 27.001, or a home school to qualify as an
approved education service provider or vendor of educational
products.
Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a)
Subject to Subsection (b), money received under the program may be
used only for the following education-related expenses incurred by
a child participating in the program at a preapproved education
service provider or vendor of educational products:
(1) tuition and fees for a private school;
(2) the purchase of textbooks or other instructional
materials or uniforms required by a school, higher education
provider, or course in which the child is enrolled, including
purchases made through a third-party vendor of educational
products;
(3) costs related to academic assessments;
(4) fees for services provided by a private tutor or
teaching service;
(5) fees for transportation provided by a
fee-for-service transportation provider for the child to travel to
and from a preapproved education service provider or vendor of
educational products; and
(6) fees for educational therapies or services
provided by a practitioner or provider, only for fees that are not
covered by any federal, state, or local government benefits such as
Medicaid or the Children's Health Insurance Program (CHIP) or by
any private insurance that the child is enrolled in at the time of
receiving the therapies or services.
(b) Money received under the program may not be used to pay
any person who is related to the program participant within the
third degree by consanguinity or affinity, as determined under
Chapter 573, Government Code.
(c) A finding that a program participant used money
distributed under the program to pay for an expense not allowed
under Subsection (a) does not affect the validity of any payment
made by the participant for an approved education-related expense
that is allowed under that subsection.
Sec. 29.360. PROGRAM EXPENDITURES. (a) The comptroller
shall disburse from the program fund to each certified educational
assistance organization the amount specified under Section
29.361(a) for each child participating in the program served by the
organization.
(b) To initiate payment to an education service provider or
vendor of educational products for an education-related expense
approved under Section 29.359, the parent of a child participating
in the program must submit a request in a form prescribed by
comptroller rule to the certified educational assistance
organization that serves the child.
(c) Subject to Subsection (d) and Sections 29.362(h) and
29.364, on receiving a request under Subsection (b), a certified
educational assistance organization shall verify that the request
is for an expense approved under Section 29.359 and, not later than
the 15th business day after the date the organization verifies the
request, send payment to the education service provider or vendor
of educational products.
(d) A disbursement under this section may not exceed the
applicable program participant's account balance.
(e) A certified educational assistance organization shall
provide program participants with electronic access to:
(1) view the participant's current account balance;
(2) initiate the payment process under Subsection (b);
and
(3) view a summary of the participant's past account
activity, including payments from the account to education service
providers and vendors of educational products.
Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Regardless
of the quarterly deadline by which the parent applies for
enrollment in the program under Section 29.356(a), a parent of a
child participating in the program shall receive each year that the
child participates in the program payments from the state from
funds available under Section 29.353 to the child's account equal
to a total amount of $8,000.
(b) This subsection applies only to a school district with a
student enrollment of less than 20,000. For the first five school
years during which a child residing in the district participates in
the program, a school district to which this subsection applies is
entitled to receive $10,000 from money appropriated for purposes of
this subchapter.
(c) Any money remaining in a child's account at the end of a
fiscal year is carried forward to the next fiscal year unless
another provision of this subchapter mandates the closure of the
account.
(d) The parent of a child participating in the program may
make payments for the expenses of educational programs, services,
and products not covered by money in the child's account.
(e) A payment under Subsection (a) may not be financed using
federal money or money from the available school fund or
instructional materials fund.
(f) Payments received under this subchapter do not
constitute taxable income to a parent of a child participating in
the program, unless otherwise provided by federal law.
(g) Not later than May 1 of each year, the agency shall
submit to the comptroller the data necessary to calculate the
amount specified under Subsection (a).
Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) On receipt
of money distributed by the comptroller for purposes of making
payments to program participants, a certified educational
assistance organization shall make quarterly payments to the
account of each child participating in the program served by the
organization in equal amounts on or before the first day of July,
October, January, and April.
(b) Each year, the comptroller may deduct from the total
amount of money appropriated for purposes of this subchapter an
amount, not to exceed three percent of that total amount, to cover
the comptroller's cost of administering the program.
(c) Not later than the first day of the month preceding the
start of each quarter, each certified educational assistance
organization shall submit to the comptroller in the form prescribed
by comptroller rule an estimate of the organization's costs of
administering the program for that quarter.
(d) Each quarter, the comptroller shall disburse from money
appropriated for the program to each certified educational
assistance organization the amount necessary to cover the
organization's costs of administering the program for that quarter,
calculated as provided by Subsection (e). The total amount
disbursed to a certified educational assistance organization under
this subsection for a state fiscal year may not exceed five percent
of the amount distributed to the organization under the program for
that fiscal year.
(e) The amount of a certified educational assistance
organization's disbursement under Subsection (d) is the lesser of:
(1) the amount of the organization's estimate
submitted under Subsection (c);
(2) the product of the total amount to be disbursed and
the average percentage of program participants served by the
organization during the preceding quarter; or
(3) five percent of the amount distributed to the
organization for purposes of making payments to program
participants for that quarter.
(f) On or before the first day of October and February, a
certified educational assistance organization shall:
(1) verify with the agency that each child
participating in the program is not enrolled in a public school,
including an open-enrollment charter school, in a manner in which
the child is counted toward the school's average daily attendance
for purposes of the allocation of state funding under the
foundation school program; and
(2) notify the comptroller if the organization
determines that a child participating in the program is enrolled in
a public school, including an open-enrollment charter school, in a
manner in which the child is counted toward the school's average
daily attendance for purposes of the allocation of state funding
under the foundation school program.
(g) The comptroller by rule shall establish a process by
which a program participant may authorize the comptroller or a
certified education assistance organization to make a payment
directly from the participant's account to a preapproved education
service provider or vendor of educational products for an expense
allowed under Section 29.359.
(h) On the date on which a child who participated in the
program is no longer eligible to participate in the program under
Section 29.355 and payments for any education-related expenses
allowed under Section 29.359 from the child's account have been
completed, the child's account shall be closed and any remaining
money returned to the comptroller for deposit in the program fund.
(i) Each quarter, any interest or other earnings
attributable to money held by a certified education assistance
organization for purposes of the program shall be remitted to the
comptroller for deposit in the program fund.
Sec. 29.363. AUDITING. (a) The comptroller shall contract
with a private entity to audit accounts and student eligibility
data not less than once per year to ensure compliance with
applicable law and program requirements. The audit must include a
review of:
(1) a certified educational assistance organization's
internal controls over program transactions; and
(2) compliance by:
(A) program participants with the requirements
of Section 29.357; and
(B) certified educational assistance
organizations with the requirements of Section 29.354.
(b) In conducting an audit, the private entity may require a
program participant or a certified educational assistance
organization to provide information and documentation regarding
any transaction occurring under the program.
(c) The private entity shall report to the comptroller any
violation of this subchapter or other relevant law, including any
transactions the entity determines to be unusual or suspicious,
found by the entity during an audit conducted under this section.
The comptroller shall report the violation or transaction to:
(1) the applicable certified educational assistance
organization;
(2) the education service provider or vendor of
educational products, as applicable; and
(3) the parent of each child participating in the
program who is affected by the violation or transaction.
Sec. 29.364. SUSPENSION OF ACCOUNT. (a) The comptroller
shall suspend the account of a program participant who fails to
remain in good standing by complying with applicable law or a
requirement of the program.
(b) On suspension of an account under Subsection (a), the
comptroller shall notify the program participant in writing that
the account has been suspended and that no additional payments may
be made from the account. The notification must specify the grounds
for the suspension and state that the participant has 30 business
days to respond and take any corrective action required by the
comptroller.
(c) On the expiration of the 30-day period under Subsection
(b), the comptroller shall:
(1) order closure of the suspended account;
(2) order temporary reinstatement of the account,
conditioned on the performance of a specified action by the program
participant; or
(3) order full reinstatement of the account.
(d) The comptroller may recover money distributed under the
program that was used for expenses not allowed under Section 29.359
or for a child who was not eligible to participate in the program at
the time of the expenditure. The money may be recovered from the
program participant or the entity that received the money in
accordance with Subtitles A and B, Title 2, Tax Code, or as provided
by other law if the program participant's account is suspended or
closed under this section. The comptroller shall deposit money
recovered under this subsection to the credit of the program fund.
Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An
education service provider or vendor of educational products may
not charge a child participating in the program an amount greater
than the standard amount charged for that service or product by the
provider or vendor.
(b) An education service provider or vendor of educational
products receiving money distributed under the program may not in
any manner rebate, refund, or credit to or share with a program
participant, or any person on behalf of a participant, any program
money paid or owed by the participant to the provider or vendor.
Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the
comptroller obtains evidence of fraudulent use of an account or
money distributed under the program by a certified educational
assistance organization or program participant, the comptroller
shall notify the appropriate local county or district attorney with
jurisdiction over the principal place of business of the certified
educational assistance organization or the residence of the program
participant, as applicable.
Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) A certified
educational assistance organization shall post on the
organization's Internet website and provide to each parent who
submits an application for the program a notice that:
(1) states that a private school is not subject to
federal and state laws regarding the provision of educational
services to a child with a disability in the same manner as a public
school; and
(2) provides information regarding rights to which a
child with a disability is entitled under federal and state law if
the child attends a public school, including:
(A) rights provided under the Individuals with
Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and
(B) rights provided under Subchapter A.
(b) A private school in which a child with a disability who
is a program participant enrolls shall provide to the child's
parent a copy of the notice required under Subsection (a).
Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY. (a) An education service provider or vendor of
educational products that receives money distributed under the
program is not a recipient of federal financial assistance and may
not be considered to be an agent of state government on the basis of
receiving that money.
(b) A rule adopted or other governmental action taken
related to the program may not impose requirements that are
contrary to or limit the religious or institutional values or
practices of an education service provider, vendor of educational
products, or program participant, including by limiting the ability
of the provider, vendor, or participant, as applicable, to:
(1) determine the methods of instruction or curriculum
used to educate students;
(2) determine admissions and enrollment practices,
policies, and standards;
(3) modify or refuse to modify the provider's,
vendor's, or participant's religious or institutional values or
practices, including operations, conduct, policies, standards,
assessments, or employment practices that are based on the
provider's, vendor's, or participant's religious or institutional
values or practices; or
(4) exercise the provider's, vendor's, or
participant's religious or institutional practices as determined
by the provider, vendor, or participant.
Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) On
request by the parent of a child participating or seeking to
participate in the program, the school district or open-enrollment
charter school that the child would otherwise attend shall provide
a copy of the child's school records possessed by the district or
school, if any, to the child's parent or, if applicable, the private
school the child attends.
(b) As necessary to verify a child's eligibility for the
program, the agency, a school district, or an open-enrollment
charter school shall provide to a certified educational assistance
organization any information available to the agency, district, or
school requested by the organization regarding a child who
participates or seeks to participate in the program, including
information regarding the child's public school enrollment status
and whether the child can be counted toward a public school's
average daily attendance for purposes of the allocation of funding
under the foundation school program. The organization may not
retain information provided under this subsection beyond the period
necessary to determine a child's eligibility to participate in the
program.
(c) The certified educational assistance organization or an
education service provider or vendor of educational products that
obtains information regarding a child participating in the program:
(1) shall comply with state and federal law regarding
the confidentiality of student educational information; and
(2) may not sell or otherwise distribute information
regarding a child participating in the program.
Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. The comptroller
and a certified educational assistance organization may solicit and
accept gifts, grants, and donations from any public or private
source for any expenses related to the administration of the
program, including establishing the program and contracting for the
report required under Section 29.371.
Sec. 29.371. ANNUAL REPORT. (a) The comptroller shall
require that each certified educational assistance organization
compile program data and produce an annual longitudinal report
regarding:
(1) the number of program applications received,
accepted, and waitlisted, disaggregated by age;
(2) program participant satisfaction;
(3) the results of assessment instruments shared in
accordance with Section 29.357(2);
(4) the effect of the program on public and private
school capacity, availability, and quality;
(5) the amount of cost savings accruing to the state as
a result of the program;
(6) in a report submitted in an even-numbered year
only, an estimate of the total amount of funding required for the
program for the next state fiscal biennium;
(7) the amount of gifts, grants, and donations
received under Section 29.370; and
(8) based on surveys of former program participants or
other sources available to an organization, the number and
percentage of children participating in the program who, within one
year after graduating from high school, are:
(A) college ready, as indicated by earning a
minimum of 12 non-remedial semester credit hours or the equivalent
or an associate degree from a postsecondary educational
institution;
(B) career ready, as indicated by:
(i) earning a credential of value included
in the library of credentials established under Section 2308A.007,
Government Code; or
(ii) employment at or above the median wage
in the child's region; or
(C) military ready, as indicated by achieving a
passing score set by the applicable military branch on the Armed
Services Vocational Aptitude Battery and enlisting in the armed
forces of the United States or the Texas National Guard.
(b) In producing the report, each certified educational
assistance organization shall:
(1) use appropriate analytical and behavioral science
methodologies to ensure public confidence in the report; and
(2) comply with the requirements regarding the
confidentiality of student educational information under the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
(c) The report must cover a period of not less than five
years and include, subject to Subsection (b)(2), the data analyzed
and methodology used.
(d) The comptroller and each certified educational
assistance organization shall post the report on the comptroller's
and organization's respective Internet websites.
Sec. 29.372. RULES; PROCEDURES. The comptroller shall
adopt rules and procedures as necessary to implement, administer,
and enforce this subchapter.
Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) A program
participant may appeal to the comptroller an administrative
decision made by the comptroller or a certified educational
assistance organization under this subchapter, including a
decision regarding eligibility, allowable expenses, or the
participant's removal from the program.
(b) A program participant, education service provider, or
vendor of educational products who is adversely affected or
aggrieved by a decision made by the comptroller or a certified
educational assistance organization under this subchapter may file
a suit challenging the decision in a district court in the county in
which the program participant resides or the provider or vendor has
its principal place of business, as applicable.
Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) A
program participant, education service provider, or vendor of
educational products may intervene in any civil action challenging
the constitutionality of the program.
(b) A court in which a civil action described by Subsection
(a) is filed may require that all program participants, education
service providers, and vendors of educational products wishing to
intervene in the action file a joint brief. A program participant,
education service provider, or vendor of educational products may
not be required to join a brief filed on behalf of the state or a
state agency.
SECTION 2.003. Section 22.092(d), Education Code, is
amended to read as follows:
(d) The agency shall provide equivalent access to the
registry maintained under this section to:
(1) private schools;
(2) public schools; [and]
(3) nonprofit teacher organizations approved by the
commissioner for the purpose of participating in the tutoring
program established under Section 33.913; and
(4) the comptroller for the purpose of preapproving
education service providers and vendors of educational products
under Section 29.358 for participation in the program established
under Subchapter J, Chapter 29.
SECTION 2.004. Section 411.109, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) The comptroller is entitled to obtain criminal history
record information maintained by the department about a person who
is a private tutor, a therapist, or an employee of a teaching
service or school who intends to provide educational services to a
child participating in the program established under Subchapter J,
Chapter 29, Education Code, and is seeking approval to receive
money distributed under that program.
SECTION 2.005. Subchapter J, Chapter 29, Education Code, as
added by this article, applies beginning with the 2024-2025 school
year.
SECTION 2.006. (a) Not later than February 15, 2024, the
comptroller of public accounts shall adopt rules as provided by
Section 29.372, Education Code, as added by this article.
(b) The comptroller of public accounts may identify rules
required by the passage of Subchapter J, Chapter 29, Education
Code, as added by this article, that must be adopted on an emergency
basis for purposes of the 2024-2025 school year and may use the
procedures established under Section 2001.034, Government Code,
for adopting those rules. The comptroller of public accounts is not
required to make the finding described by Section 2001.034(a),
Government Code, to adopt emergency rules under this subsection.
SECTION 2.007. (a) The constitutionality and other
validity under the state or federal constitution of all or any part
of Subchapter J, Chapter 29, Education Code, as added by this
article, may be determined in an action for declaratory judgment
under Chapter 37, Civil Practice and Remedies Code, in a district
court in the county in which the violation is alleged to have
occurred or where the plaintiff resides or has its principal place
of business.
(b) An order, however characterized, of a trial court
granting or denying a temporary or otherwise interlocutory
injunction or a permanent injunction on the grounds of the
constitutionality or unconstitutionality, or other validity or
invalidity, under the state or federal constitution of all or any
part of Subchapter J, Chapter 29, Education Code, as added by this
article, may be reviewed only by direct appeal to the Texas Supreme
Court filed not later than the 15th business day after the date on
which the order was entered. The Texas Supreme Court shall give
precedence to appeals under this section over other matters.
(c) The direct appeal is an accelerated appeal.
(d) This section exercises the authority granted by Section
3-b, Article V, Texas Constitution.
(e) The filing of a direct appeal under this section will
automatically stay any temporary or otherwise interlocutory
injunction or permanent injunction granted in accordance with this
section pending final determination by the Texas Supreme Court,
unless the supreme court makes specific findings that the applicant
seeking such injunctive relief has pleaded and proved that:
(1) the applicant has a probable right to the relief it
seeks on final hearing;
(2) the applicant will suffer a probable injury that
is imminent and irreparable, and that the applicant has no other
adequate legal remedy; and
(3) maintaining the injunction is in the public
interest.
(f) An appeal under this section, including an
interlocutory, accelerated, or direct appeal, is governed, as
applicable, by the Texas Rules of Appellate Procedure, including
Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),
40.1(b), and 49.4.
(g) This section does not authorize an award of attorney's
fees against this state, and Section 37.009, Civil Practice and
Remedies Code, does not apply to an action filed under this section.
(h) This section does not authorize a taxpayer suit to
contest the denial of a tax credit by the comptroller of public
accounts.
SECTION 2.008. It is the intent of the legislature that
every provision, section, subsection, sentence, clause, phrase, or
word in this article, and every application of the provisions in
this article to each person or entity, is severable from each other.
If any application of any provision in this article to any person,
group of persons, or circumstances is found by a court to be invalid
for any reason, the remaining applications of that provision to all
other persons and circumstances shall be severed and may not be
affected.
ARTICLE 3. TRANSITION; EFFECTIVE DATE
SECTION 3.001. To the extent of any conflict, this Act
prevails over another Act of the 88th Legislature, Regular Session,
2023, relating to nonsubstantive additions to and corrections in
enacted codes.
SECTION 3.002. (a) Except as provided by Subsection (b) of
this section, 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.
(b) Article 2 of this Act takes effect September 1, 2023.