Bill Text: TX HB2803 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to a program to serve special education students' needs.
Spectrum: Partisan Bill (Republican 11-0)
Status: (Introduced - Dead) 2023-03-14 - Referred to Public Education [HB2803 Detail]
Download: Texas-2023-HB2803-Introduced.html
| By: Leo-Wilson | H.B. No. 2803 | |
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| relating to a program to serve special education students' needs. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 48, Education Code, is amended by adding | ||
| Subchapter J to read as follows: | ||
| SUBCHAPTER J. SPECIAL EDUCATION GRANT PROGRAM | ||
| Sec. 48.600. SPECIAL EDUCATION CHOICE. Notwithstanding any | ||
| other provision of this code, as provided by this subchapter an | ||
| eligible student may attend a public school in the district in which | ||
| the student resides or may use a special education grant to attend | ||
| another district, or accredited private school chosen by the | ||
| student's parent. | ||
| Sec. 48.601. ELIGIBILITY. | ||
| A student is eligible to receive a special education grant to | ||
| attend another school if the student's parents determine that the | ||
| student's special education needs are not being met at the school to | ||
| which the child is assigned. | ||
| Sec. 48.602. FINANCING. (a) A student who under this | ||
| subchapter uses a special education grant to attend a public school | ||
| in a school district other than the district in which the student | ||
| resides is included in the average daily attendance of the district | ||
| in which the student attends school. | ||
| (b) A school district is entitled to the allotment provided | ||
| by Section 48.107 for each eligible student using a special | ||
| education grant. If the district has a local revenue level greater | ||
| than the guaranteed local revenue level but less than the level | ||
| established under Section 48.257, a school district is entitled | ||
| under rules adopted by the commissioner to additional state aid in | ||
| an amount equal to the difference between the cost to the district | ||
| of providing services to a student using a public education grant | ||
| and the sum of the state aid received because of the allotment under | ||
| Section 48.107 and money from the available school fund | ||
| attributable to the student. | ||
| (c) A school district is entitled to additional facilities | ||
| assistance under Section 48.301 if the district agrees to: | ||
| (1) accept a number of students using special | ||
| education grants that is at least one percent of the district's | ||
| average daily attendance for the preceding school year; and | ||
| (2) provide services to each student until the student | ||
| either voluntarily decides to attend a different school or | ||
| graduates from high school. | ||
| (d) If a parent selects a private school, then funding shall | ||
| be calculated as the lesser of the following; | ||
| (1) The amount of funding as calculated under 29.203, | ||
| or; | ||
| (2) the actual amount of tuition charged by the | ||
| school. | ||
| ( |
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| Section 29.201 is entitled to accept or reject the application for | ||
| the student to attend school in that district. | ||
| (f) A school district chosen by a student's parent under | ||
| Section 29.201 may not charge the student tuition. | ||
| Sec. 48.603. ACCREDITED PRIVATE SCHOOLS (a) The | ||
| commissioner shall adopt rules to implement the program including | ||
| the calculation of funding for private school participation. Rules | ||
| shall be designed to prohibit fraud and abuse. The rules may not in | ||
| any form effect or attempt to control the programs, curricula, or | ||
| other operations of private schools. | ||
| (a) The comptroller shall establish the special education | ||
| account in the state treasury. | ||
| (b) No federal funds or Available School Funds shall be used | ||
| to fund programs under this subsection. | ||
| Sec. 48.604. SPECIAL EDUCATION ACCOUNT. (a) The special | ||
| education account is established in the foundation school fund and | ||
| is administered by the comptroller. | ||
| (b) The account consists of: | ||
| (1) money transferred to the credit of the account | ||
| under Section 48.304, Education Code; and | ||
| (2) other amounts appropriated to the account by the | ||
| legislature. | ||
| (c) Money in the account may be used only to award grants for | ||
| the payment of tuition for enrollment of eligible students at | ||
| qualifying schools in the manner prescribed by Section 48.602 and | ||
| rules adopted by the comptroller. | ||
| (d) Interest and income from the assets of the account shall | ||
| be credited to and deposited in the account. | ||
| SECTION 2. Subchapter G, Chapter 48, Education Code, is | ||
| amended by adding Section 48.304 to read as follows: | ||
| Sec. 48.304. SPECIAL EDUCATION GRANT. (a) A person to whom | ||
| the commissioner awards a grant under Subchapter J, Chapter 48.601, | ||
| Education Code, is entitled to receive an amount equal to the amount | ||
| of the grant as provided by that subchapter. | ||
| (b) The agency shall transfer to the credit of the special | ||
| education account established under Section 48.604, Education | ||
| Code, the amount appropriated to the agency for purposes of this | ||
| section for use by the comptroller in awarding grants as provided by | ||
| Subchapter J, Chapter 48.601, Education Code. | ||
| SECTION 3. The comptroller in cooperation with the | ||
| commissioner shall adopt rules to prohibit fraud and abuse and for | ||
| implementation of this program. | ||
| SECTION 4. This Act takes effect September 1, 2023. | ||
