85S10578 MK-F
	By: Huberty, et al.	H.B. No. 23

	A BILL TO BE ENTITLED
	AN ACT
	relating to a grant program to fund innovative programs for public
	school students with autism.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subchapter A, Chapter 29, Education Code, is
	amended by adding Section 29.026 to read as follows:
	Sec. 29.026.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
	WITH AUTISM. (a)  The commissioner shall establish a program to
	award grants to school districts and open-enrollment charter
	schools that provide innovative services to students with autism.
	(b)  A school district, including a school district acting
	through a district charter issued under Subchapter C, Chapter 12,
	and an open-enrollment charter school, including a charter school
	that primarily serves students with disabilities, as provided under
	Section 12.1014, may apply for a grant under this section.
	(c)  A program is eligible for a grant under this section if:
	(1)  the program operates as an independent campus or a
	separate program from the campus in which the program is located,
	with a separate budget;
	(2)  the program incorporates:
	(A)  evidence-based and research-based design;
	(B)  the use of empirical data on student
	achievement and improvement;
	(C)  parental support and collaboration;
	(D)  the use of technology;
	(E)  meaningful inclusion; and
	(F)  the ability to replicate the program for
	students statewide;
	(3)  the program gives priority for enrollment to
	students with autism;
	(4)  the program limits enrollment and services to
	students who are:
	(A)  at least three years of age; and
	(B)  younger than nine years of age or are
	enrolled in the third grade or a lower grade level; and
	(5)  the program allows a student who turns nine years
	of age or older during a school year to remain in the program until
	the end of that school year.
	(d)  A school district or open-enrollment charter school may
	not:
	(1)  charge a fee for the program, other than those
	authorized by law for students in public schools;
	(2)  require a parent to enroll a child in the program;
	(3)  allow an admission, review, and dismissal
	committee to place a student in the program without the written
	consent of the student's parent or guardian; or
	(4)  continue the placement of a student in the program
	after the student's parent or guardian revokes consent, in writing,
	to the student's placement in the program.
	(e)  A program under this section may:
	(1)  alter the length of the school day or school year
	or the number of minutes of instruction received by students;
	(2)  coordinate services with private or
	community-based providers;
	(3)  allow the enrollment of students without
	disabilities or with other disabilities, if approved by the
	commissioner; and
	(4)  adopt staff qualifications and staff to student
	ratios that differ from the applicable requirements of this title.
	(f)  The commissioner shall adopt rules creating an
	application and selection process for grants awarded under this
	section.
	(g)  The commissioner shall create an external panel of
	stakeholders, including parents of students with disabilities, to
	provide assistance in the selection of applications for the award
	of grants under this section.
	(h)  The commissioner shall award grants to fund not more
	than 10 programs that meet the eligibility criteria under
	Subsection (c).  In selecting programs, the commissioner shall
	prioritize programs that are collaborations between multiple
	school districts, multiple charter schools, or school districts and
	charter schools.  The selected programs must reflect the diversity
	of this state.
	(i)  The commissioner shall select programs and award grant
	funds to those programs beginning in the 2018-2019 school year.  The
	selected programs are to be funded for five years.
	(j)  A grant awarded to a school district or open-enrollment
	charter school under this section is in addition to the Foundation
	School Program funds that the district or charter school is
	otherwise entitled to receive.
	(k)  The commissioner shall set aside an amount not to exceed
	$20 million from the total amount of funds appropriated to the
	Foundation School Program for the 2018-2019 fiscal biennium to fund
	grants under this section.  The commissioner shall use $10 million
	for the purposes of this section for each school year in the state
	fiscal biennium.  A grant recipient may not receive more than $1
	million for the 2018-2019 fiscal biennium.  The commissioner shall
	reduce each district's and charter school's allotment
	proportionally to account for funds allocated under this section.
	(l)  The commissioner and any program selected under this
	section may accept gifts, grants, and donations from any public or
	private source, person, or group to implement and administer the
	program. The commissioner and any program selected under this
	section may not require any financial contribution from parents to
	implement and administer the program.
	(m)  The commissioner may consider a student with autism who
	is enrolled in a program funded under this section as funded in a
	mainstream placement, regardless of the amount of time the student
	receives services in a regular classroom setting.
	(n)  Not later than December 31, 2021, the commissioner shall
	publish a report on the grant program established under this
	section.  The report must include:
	(1)  recommendations for statutory or funding changes
	necessary to implement successful innovations in the education of
	students with autism; and
	(2)  data on the academic and functional achievements
	of students enrolled in a program that received a grant under this
	section.
	(o)  This section expires September 1, 2024.
	SECTION 2.  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 December 1, 2017.