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

	A BILL TO BE ENTITLED
	AN ACT
	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.