Bill Text: TX HB320 | 2017 | 85th Legislature 1st Special Session | Comm Sub
Bill Title: Relating to the establishment of an education enhancement program for students with certain disabilities.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2017-08-08 - Committee report sent to Calendars [HB320 Detail]
Download: Texas-2017-HB320-Comm_Sub.html
| 85S12039 KJE-F | |||
| By: VanDeaver, Huberty, Simmons, Bernal | H.B. No. 320 | ||
| Substitute the following for H.B. No. 320: | |||
| By: VanDeaver | C.S.H.B. No. 320 | ||
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| relating to the establishment of an education enhancement program | ||
| for students with certain disabilities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 29, Education Code, is amended by adding | ||
| Subchapter J to read as follows: | ||
| SUBCHAPTER J. EDUCATION ENHANCEMENT PROGRAM FOR STUDENTS WITH | ||
| DISABILITIES | ||
| Sec. 29.351. DEFINITIONS. In this subchapter: | ||
| (1) "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. | ||
| (2) "Program" means the education enhancement program | ||
| for students with disabilities established under this subchapter. | ||
| (3) "Program participant" means a student and a parent | ||
| of a student who has been accepted into the program. | ||
| Sec. 29.352. ESTABLISHMENT OF PROGRAM. The commissioner | ||
| shall establish and administer an education enhancement program for | ||
| students with disabilities to provide funding for eligible students | ||
| to obtain educational support services and other resources that: | ||
| (1) supplement the student's public education; | ||
| (2) promote and improve the student's overall academic | ||
| performance; and | ||
| (3) exceed the level of services that the student's | ||
| committee has determined to be necessary for the student to receive | ||
| a free appropriate public education. | ||
| Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible | ||
| to participate in the program if: | ||
| (1) the student is enrolled in a school district and | ||
| was enrolled in that district during the entire preceding school | ||
| year; | ||
| (2) the student has one or more of the following | ||
| disabilities: | ||
| (A) dyslexia; | ||
| (B) autism; | ||
| (C) speech disability; or | ||
| (D) learning disability; and | ||
| (3) for one or more disabilities listed in Subdivision | ||
| (2): | ||
| (A) an individualized education program has been | ||
| developed for the student under Section 29.005; or | ||
| (B) the student is covered by Section 504, | ||
| Rehabilitation Act of 1973 (29 U.S.C. Section 794). | ||
| (b) Notwithstanding Subsection (a), a student placed in a | ||
| residential facility primarily for noneducational reasons is not | ||
| eligible to participate in the program. | ||
| Sec. 29.354. APPLICATION PROCESS. (a) On or before the date | ||
| established by commissioner rule, each school district annually | ||
| shall provide information regarding the program to a parent of each | ||
| student enrolled in the district who may be eligible to participate | ||
| in the program. | ||
| (b) On or before the date established by commissioner rule, | ||
| a parent of an eligible student may apply on behalf of the student | ||
| to the agency for participation in the program for the school year | ||
| for which the application is made. The school district in which the | ||
| student is enrolled shall assist the parent in making the | ||
| application. | ||
| (c) In accepting students into the program, the | ||
| commissioner shall: | ||
| (1) give priority to students who are educationally | ||
| disadvantaged; and | ||
| (2) to the greatest extent possible, ensure that the | ||
| accepted students reflect the diversity of the state. | ||
| (d) The commissioner annually shall notify each program | ||
| participant and each school district in which a student | ||
| participating in the program is enrolled that: | ||
| (1) a program participant must reapply to participate | ||
| in the program for each school year in which the participant wishes | ||
| to participate in the program; and | ||
| (2) continued acceptance into the program is not | ||
| guaranteed. | ||
| Sec. 29.355. ALLOCATION OF MONEY; FINANCING. (a) For each | ||
| school year, the commissioner shall allocate money available for | ||
| the program to each school district in which a student | ||
| participating in the program is enrolled in amounts determined by | ||
| the commissioner. The total amount of money used for the program for | ||
| a school year may not exceed $10 million. | ||
| (b) The commissioner may only use money appropriated from | ||
| the general revenue fund for purposes of the program. | ||
| Sec. 29.356. QUALIFIED EXPENSES. (a) Funds received under | ||
| the program may be used only for the following services or goods | ||
| provided to a program participant by an education service provider | ||
| or vendor of educational products approved by the commissioner | ||
| under Section 29.357: | ||
| (1) costs of transportation for the student to receive | ||
| educational support services; | ||
| (2) fees for services provided by a private tutor or | ||
| teaching service; | ||
| (3) fees for educational therapies or support services | ||
| provided by a practitioner or provider; | ||
| (4) costs of assistive technology; and | ||
| (5) costs associated with the provision of: | ||
| (A) in-home and community-based training; | ||
| (B) positive behavioral support strategies; | ||
| (C) family training support; | ||
| (D) communication interventions; and | ||
| (E) social skills, supports, and strategies | ||
| training. | ||
| (b) The parent of a student participating in the program, | ||
| with the assistance of an employee of the school at which the | ||
| student is enrolled designated for that purpose by the school's | ||
| principal, shall select the services or goods allowed under | ||
| Subsection (a) to be provided to the student under the program and | ||
| the appropriate education service provider or vendor of educational | ||
| products to provide those services or goods. | ||
| (c) On the parent's selection under Subsection (b), the | ||
| school district in which the parent's student is enrolled shall | ||
| contract with the selected education service provider or vendor of | ||
| educational products to provide the selected services or goods to | ||
| the student. | ||
| (d) An education service provider or vendor of educational | ||
| products may not solicit or provide incentives to any program | ||
| participant to select the provider or vendor to provide services or | ||
| goods using money distributed under the program. | ||
| Sec. 29.357. PROVIDER AND VENDOR ACCOUNTABILITY. (a) An | ||
| education service provider or vendor of educational products must | ||
| apply to and be approved by the commissioner to receive money | ||
| distributed under the program. | ||
| (b) To be eligible for approval under Subsection (a), an | ||
| education service provider or vendor of educational products must: | ||
| (1) have operated for at least three consecutive | ||
| years, including at least one year in this state; | ||
| (2) provide to the commissioner: | ||
| (A) a current financial audit from a certified | ||
| public accountant; | ||
| (B) documentation indicating that the provider | ||
| or vendor has completed a national criminal history record | ||
| information review within a period established by commissioner | ||
| rule; and | ||
| (C) a list of any national or state licenses, | ||
| certifications, or credentials possessed by the provider or vendor; | ||
| and | ||
| (3) agree not to use the national curriculum standards | ||
| developed by the Common Core State Standards Initiative. | ||
| (c) In applying for approval under Subsection (a), an | ||
| education service provider or vendor of educational products may | ||
| submit to the commissioner a statement listing the services or | ||
| goods allowed under Section 29.356(a) that the provider or vendor | ||
| provides to a school district under an existing contract. | ||
| (d) A parent of a student participating in the program, an | ||
| employee of the student's school designated under Section | ||
| 29.356(b), or an education service provider or vendor of | ||
| educational products may appeal the commissioner's rejection of an | ||
| application submitted under Subsection (a) in accordance with rules | ||
| established by the commissioner. | ||
| (e) To maintain approval under this section, an education | ||
| service provider or vendor of educational products must, with | ||
| respect to each student for the benefit of whom the provider or | ||
| vendor contracts with a school district under Section 29.356(c): | ||
| (1) at the end of each semester, report to the school | ||
| district regarding the services or goods provided under the | ||
| contract to the student, including any diagnostic or other | ||
| evaluative information requested by the district; | ||
| (2) conduct pre- and post-measurement evaluations of | ||
| the student and provide the results of those evaluations to the | ||
| student's parent and the school district; and | ||
| (3) submit to the school district accurate and | ||
| complete invoices regarding the services or goods provided to the | ||
| student. | ||
| (f) At least once each semester, an education service | ||
| provider or vendor of educational products selected to provide | ||
| services or goods to a student participating in the program shall | ||
| meet with the student's parent and the employee of the student's | ||
| school designated under Section 29.356(b) at a time and place | ||
| determined by the school district to discuss the student's progress | ||
| and to evaluate the continued use of the provider or vendor. The | ||
| student's parent, designated employee, or provider or vendor may | ||
| request additional meetings to be held under this subsection. | ||
| (g) The commissioner annually shall review each approved | ||
| education service provider or vendor of educational products and, | ||
| as appropriate, renew or revoke that approval. | ||
| (h) On approving an education service provider or vendor of | ||
| educational products under this section, the commissioner shall | ||
| notify the provider or vendor regarding the annual review of | ||
| approval under Subsection (g). The notice must include a statement | ||
| that renewed approval under that subsection is not guaranteed. | ||
| Sec. 29.358. PROGRAM PARTICIPANT RIGHTS. (a) A student's | ||
| participation in the program does not affect the student's rights | ||
| or a school district's obligations with respect to the student | ||
| under the Individuals with Disabilities Education Act (20 U.S.C. | ||
| Section 1400 et seq.); Section 504, Rehabilitation Act of 1973 (29 | ||
| U.S.C. Section 794); or the Americans with Disabilities Act of 1990 | ||
| (42 U.S.C. Section 12101 et seq.). | ||
| (b) An education service provider or vendor of educational | ||
| products must comply with the federal laws listed in Subsection (a) | ||
| in providing services or goods to the student under the program. | ||
| (c) The provision of services or goods to a student under | ||
| this subchapter does not affect the obligations of any state agency | ||
| with respect to the student. | ||
| Sec. 29.359. RULES. The commissioner may adopt rules as | ||
| necessary to implement this subchapter. | ||
| Sec. 29.3591. PROGRAM REVIEW. (a) Not later than December | ||
| 31, 2020, the agency shall review the performance of the program and | ||
| submit to the legislature a report on the agency's conclusions. | ||
| (b) In conducting the review, the agency shall solicit input | ||
| from program participants, participating school districts, and | ||
| education service providers and vendors of educational products | ||
| approved by the commissioner under Section 29.357. | ||
| (c) This section expires September 1, 2021. | ||
| Sec. 29.3592. STUDY ON SPECIAL EDUCATION SERVICES. (a) The | ||
| agency shall conduct a study on the special education services | ||
| provided by school districts to students with disabilities to | ||
| determine whether those services satisfy the requirements under the | ||
| Individuals with Disabilities Education Act (20 U.S.C. Section 1400 | ||
| et seq.); Section 504, Rehabilitation Act of 1973 (29 U.S.C. | ||
| Section 794); and the Americans with Disabilities Act of 1990 (42 | ||
| U.S.C. Section 12101 et seq.). | ||
| (b) In conducting the study, the agency shall survey parents | ||
| of students with disabilities enrolled in school districts. | ||
| (c) Not later than September 1, 2018, the agency shall | ||
| submit to the legislature a report on the results of the study. The | ||
| report must include a list of services that parents feel are needed | ||
| but are not currently being provided and the reasons why the listed | ||
| services are not being provided. | ||
| (d) This section expires September 1, 2019. | ||
| SECTION 2. Section 25.087, Education Code, is amended by | ||
| adding Subsection (b-7) to read as follows: | ||
| (b-7) A school district shall excuse a student from | ||
| attending school during lunch, study hall, or an open period to | ||
| attend an appointment or meeting with an education service provider | ||
| or vendor of educational products to receive services or goods | ||
| provided using money distributed under the education enhancement | ||
| program for students with disabilities under Subchapter J, Chapter | ||
| 29. | ||
| SECTION 3. Section 25.087(d), Education Code, as amended by | ||
| S.B. 1152, Acts of the 85th Legislature, Regular Session, 2017, is | ||
| amended to read as follows: | ||
| (d) A student whose absence is excused under Subsection (b), | ||
| (b-1), (b-2), (b-4), (b-5), (b-7), or (c) may not be penalized for | ||
| that absence and shall be counted as if the student attended school | ||
| for purposes of calculating the average daily attendance of | ||
| students in the school district. A student whose absence is | ||
| excused under Subsection (b), (b-1), (b-2), (b-4), (b-5), (b-7), or | ||
| (c) shall be allowed a reasonable time to make up school work missed | ||
| on those days. If the student satisfactorily completes the school | ||
| work, the day of absence shall be counted as a day of compulsory | ||
| attendance. | ||
| SECTION 4. Section 25.087, Education Code, as amended by | ||
| this Act, and Sections 29.351-29.359, Education Code, as added by | ||
| this Act, apply beginning with the 2018-2019 school year. | ||
| SECTION 5. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
