Bill Text: TX SB28 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the establishment of an Education Savings Account program.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [SB28 Detail]
Download: Texas-2023-SB28-Introduced.html
| By: Paxton | S.B. No. 28 | |
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| relating to the establishment of an Education Savings Account | ||
| program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Parent Empowerment | ||
| Act. | ||
| SECTION 2. The purpose of this Act is to provide families | ||
| with additional educational options to assist in exercising their | ||
| right to direct the educational needs of their children and achieve | ||
| a general diffusion of knowledge. | ||
| SECTION 3. Chapter 26, Education Code, is amended by adding | ||
| Section 26.0025 to read as follows: | ||
| Sec. 26.0025. RIGHT TO SELECT PUBLIC OR PRIVATE EDUCATION. | ||
| (a) A parent or guardian is entitled to choose the educational | ||
| setting for the parent or guardian's child, whether public or | ||
| private. | ||
| (b) If a parent or guardian chooses a private educational | ||
| setting for the child, funding shall be directed to the child as | ||
| provided in the manner described by Subchapter J, Chapter 29. | ||
| SECTION 4. 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 this subchapter. | ||
| (2) "Certified educational assistance organization" | ||
| means an educational assistance organization certified under | ||
| Section 29.355 to support administration of the program. | ||
| (3) "Cocurricular activity" means an activity that | ||
| directly adds value to classroom instruction and curriculum, | ||
| including academic field trips, performances, contests, | ||
| demonstrations, and displays. Cocurricular activities are | ||
| distinct from extracurricular activities, which include athletic | ||
| and nonacademic activities. | ||
| (4) "Education service provider" or "vendor of | ||
| educational products" means a person who supplies goods or services | ||
| listed under Section 29.360(a). | ||
| (5) "Higher education provider" includes entities | ||
| described by Sections 61.003(6) and (8) and accredited private | ||
| postsecondary institutions that are exempt from taxation under | ||
| Section 501(c)(3), Internal Revenue Code of 1986 (26 U.S.C. Section | ||
| 501(c)(3)). | ||
| (6) "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. | ||
| (7) "Program" means the Education Savings Account | ||
| program established under this subchapter. | ||
| (8) "Program participant" means a child and a parent | ||
| of a child enrolled in the program. | ||
| Sec. 29.352. PURPOSE. The purpose of this subchapter is to | ||
| provide families with additional educational options to assist in | ||
| exercising their right to direct the educational needs of their | ||
| children. | ||
| Sec. 29.353. ESTABLISHMENT OF PROGRAM. The comptroller | ||
| shall establish an Education Savings Account program to provide | ||
| funding for approved education-related expenses of program | ||
| participants. | ||
| Sec. 29.354. EDUCATION SAVINGS ACCOUNT PROGRAM FUND. (a) | ||
| The Education Savings Account 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 to the comptroller | ||
| only for purposes of making payments to program participants and | ||
| administering the program under this subchapter. | ||
| Sec. 29.355. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE | ||
| ORGANIZATION. (a) An organization may apply to the comptroller for | ||
| certification as a certified educational assistance organization | ||
| during an application period established by the comptroller. The | ||
| comptroller may certify one or more educational assistance | ||
| organizations to assist in administering the program. | ||
| (b) To be eligible for certification, the applicant for | ||
| certification as a certified educational assistance organization | ||
| must: | ||
| (1) be able 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 having the ability to: | ||
| (A) accept, process, and track applications for | ||
| the program; | ||
| (B) help prospective applicants, applicants, and | ||
| program participants find preapproved education service providers | ||
| and vendors of educational products; and | ||
| (C) verify that program funding is used only for | ||
| approved education-related expenses. | ||
| (c) A certified educational assistance organization shall | ||
| assist the comptroller in administering the program, including by: | ||
| (1) administering the application process in Section | ||
| 29.357; | ||
| (2) helping prospective applicants, applicants, and | ||
| program participants understand eligible expenses and find | ||
| preapproved education service providers and vendors of educational | ||
| products; | ||
| (3) expending the funds in a program participant's | ||
| account only for purposes approved under Section 29.360; and | ||
| (4) publishing data and an annual report regarding: | ||
| (A) the number of applications received, | ||
| accepted, and wait-listed, disaggregated by applicant age; | ||
| (B) program participant satisfaction; | ||
| (C) assessment results reported under Section | ||
| 29.358(2); and | ||
| (D) the number and percentage of program | ||
| participants who, within one year after graduating from high | ||
| school, are: | ||
| (i) college ready, as indicated by earning | ||
| a minimum of 12 non-remedial credit hours or an associate degree | ||
| from a postsecondary educational institution; | ||
| (ii) career ready, as indicated by earning | ||
| a credential listed in the credential library established by the | ||
| Texas Workforce Commission and the Texas Higher Education | ||
| Coordinating Board under Section 2308A.007, Government Code, or | ||
| employment at or above the median wage in the graduate's region; or | ||
| (iii) 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. | ||
| Sec. 29.356. ELIGIBLE CHILD. (a) A child is eligible to | ||
| participate in the program if the child is eligible to attend a | ||
| public school under Section 25.001 or 29.153(b). | ||
| (b) A child who establishes eligibility under this section | ||
| may participate in the program until the earliest date on which the | ||
| child: | ||
| (1) graduates from high school; | ||
| (2) is no longer eligible to attend a public school | ||
| under Section 25.001 or 29.153(b); | ||
| (3) is entitled to the benefits of the Foundation | ||
| School Program through enrollment in a public school; or | ||
| (4) is declared ineligible for the program by the | ||
| comptroller under this subchapter. | ||
| Sec. 29.357. APPLICATION TO PROGRAM. (a) For the admission | ||
| of applicants to the program, a certified educational assistance | ||
| organization shall: | ||
| (1) require an applicant to complete and submit an | ||
| application form not later than a reasonable biennial deadline | ||
| established by the certified educational assistance organization; | ||
| and | ||
| (2) on receipt of more acceptable applications for | ||
| admission under this section than available positions in the | ||
| program due to funding, prioritize students who are eligible for | ||
| the free or reduced-price lunch program established under 42 U.S.C. | ||
| Section 1751 et seq. | ||
| (b) A certified educational assistance organization shall | ||
| create an application form for the program and make the application | ||
| form readily available to interested parents through various | ||
| sources, including the organization's Internet website. The | ||
| application form must state the application deadline. The | ||
| organization shall ensure that the application form is capable of | ||
| being submitted to the organization electronically. | ||
| (c) A certified educational assistance organization shall | ||
| post on the organization's Internet website an applicant and | ||
| program participant handbook that describes the program, | ||
| including: | ||
| (1) expenses allowed; | ||
| (2) preapproved education service providers and | ||
| vendors of educational products; | ||
| (3) expense reporting requirements; and | ||
| (4) program participant responsibilities. | ||
| (d) A certified educational assistance organization shall | ||
| annually provide to each program participant the information | ||
| required under Subsection (c). The information may be provided | ||
| electronically. | ||
| (e) A program participant in good standing may not be | ||
| required to resubmit an application for continued participation in | ||
| the program each year. | ||
| (f) A program participant may appeal any administrative | ||
| decision made by the comptroller or a certified educational | ||
| assistance organization pursuant to this subchapter, including | ||
| enrollment eligibility, determinations of allowable expenses, or | ||
| removal of the participant from the program. | ||
| Sec. 29.358. PARTICIPATION IN PROGRAM. To receive program | ||
| funding, a parent of an eligible child must agree to: | ||
| (1) spend program funds only for expenses allowed | ||
| under Section 29.360; | ||
| (2) share with the certified educational assistance | ||
| organization the results of assessments required under Section | ||
| 29.359(b)(1)(B); | ||
| (3) not sell items purchased under Section | ||
| 29.360(a)(2) until 12 months after the purchase; and | ||
| (4) notify the certified educational assistance | ||
| organization not later than 30 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 enroll in a public | ||
| school under Section 25.001 or 29.153(b). | ||
| Sec. 29.359. 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 require | ||
| applicants to complete and submit an application form not later | ||
| than a reasonable quarterly deadline. | ||
| (b) The comptroller shall preapprove an education service | ||
| provider or vendor of educational products for participation in the | ||
| program if: | ||
| (1) for a school, the school demonstrates: | ||
| (A) accreditation by: | ||
| (i) the agency; | ||
| (ii) an organization recognized by the | ||
| agency; or | ||
| (iii) an organization recognized by the | ||
| Texas Private School Accreditation Commission; and | ||
| (B) annual administration of a nationally | ||
| norm-referenced assessment instrument or the appropriate | ||
| assessment instruments required under Subchapter B, Chapter 39; | ||
| (2) for a private tutor, therapist, or teaching | ||
| service, the applicant demonstrates that: | ||
| (A) the tutor or therapist or each employee who | ||
| will provide services to a program participant: | ||
| (i) is certified under Subchapter B, | ||
| Chapter 21; | ||
| (ii) holds a relevant license or | ||
| accreditation issued by a state, regional, or national | ||
| certification or accreditation organization; or | ||
| (iii) is employed in a teaching or tutoring | ||
| capacity by a higher education provider; | ||
| (B) the tutor or therapist or each employee who | ||
| will provide services to a program participant 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 who | ||
| will provide services to a program participant is not listed on the | ||
| registry maintained under Section 22.092; or | ||
| (3) for a higher education provider, the provider | ||
| demonstrates postsecondary accreditation. | ||
| (c) For each private tutor, therapist, or teaching service | ||
| who submits an application, the comptroller shall: | ||
| (1) review the national criminal history record | ||
| information or documentation; and | ||
| (2) verify that the applicant is not listed on the | ||
| registry maintained under Section 22.092. | ||
| (d) If requested by the comptroller, applicants may provide | ||
| information to enable verification of eligibility for preapproval. | ||
| Applicants whose eligibility cannot be verified under Subsection | ||
| (b) may not be preapproved for participation in the program. | ||
| (e) Subject to Sections 29.362(e) and 29.364, at a program | ||
| participant's direction, the comptroller shall disburse to | ||
| preapproved providers payments directly from the participant's | ||
| account. Disbursements may not exceed the participant's account | ||
| balance. | ||
| (f) The comptroller shall by rule establish a process by | ||
| which: | ||
| (1) program participants may be efficiently | ||
| reimbursed for eligible expenses under Section 29.360(a)(2), (4), | ||
| (5), (6), or (7) incurred from education service providers and | ||
| vendors of educational products that are not preapproved under | ||
| Subsection (a); and | ||
| (2) frequently utilized education service providers | ||
| and vendors of educational products under Subsection (f)(1) that | ||
| are in good standing for three continuous school years may receive | ||
| payment directly from Education Savings Accounts. | ||
| Sec. 29.360. APPROVED EDUCATION-RELATED EXPENSES. (a) | ||
| Accounts may be used only for the following expenses incurred by a | ||
| program participant: | ||
| (1) tuition and fees at a preapproved school or higher | ||
| education provider; | ||
| (2) textbooks, other instructional materials, or | ||
| uniforms required by a program participant's school, institution, | ||
| course, or program; | ||
| (3) fees for services provided by a private tutor or | ||
| teaching service; | ||
| (4) academic assessments; | ||
| (5) fees for educational therapies or services for | ||
| which the program participant may not be reimbursed or is partially | ||
| reimbursed by private insurance or federal, state, or local | ||
| government benefits at the time of receiving the therapies or | ||
| services; | ||
| (6) fees for transportation paid to a fee-for-service | ||
| transportation provider for the student to travel to and from an | ||
| education service provider or vendor of educational products; and | ||
| (7) cocurricular activities. | ||
| (b) Money received under the program may not be used to pay | ||
| any person who is a member of the program participant's household. | ||
| (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 expense that is allowed under that | ||
| subsection. | ||
| Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) From funds | ||
| available under Section 29.354, the comptroller shall: | ||
| (1) deposit into each program participant's account an | ||
| amount that is equal to the statewide average state and local public | ||
| school maintenance and operations revenue per student in average | ||
| daily attendance for the prior school year; and | ||
| (2) reserve equal portions of funds for students who | ||
| might apply by each biennial deadline established under Section | ||
| 29.357(a). | ||
| (b) 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. | ||
| (c) The ability of program participants to purchase | ||
| educational programs, services, or products with their own account | ||
| funds may not be infringed. | ||
| (d) The Education Savings Account program fund may not | ||
| receive federal revenue or revenue from the available school fund. | ||
| (e) Not later than November 1 of each even-numbered year, | ||
| the comptroller shall submit to the legislature a summary of | ||
| program participant enrollment, an estimate of the savings accruing | ||
| to the state as a result of the program, and an estimate of the total | ||
| amount of funding required for the program for the following state | ||
| fiscal biennium. | ||
| (f) Account funds received by program participants do not | ||
| constitute taxable income to the parent of the participating | ||
| student. | ||
| Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) The | ||
| comptroller shall make quarterly payments to each program | ||
| participant's account in equal amounts on or before the first day of | ||
| July, October, January, and April. | ||
| (b) Each year, the comptroller may deduct an amount from the | ||
| total amount of money allocated to the Education Savings Account | ||
| program fund to cover the cost of administering the program. The | ||
| amount deducted may not exceed three percent of annual program | ||
| funds. | ||
| (c) Each quarter, the comptroller shall disburse to a | ||
| certified educational assistance organization an amount from the | ||
| total amount of money allocated to the Education Savings Account | ||
| program fund to cover the organization's cost of administering the | ||
| program. The amount disbursed each year may not exceed five percent | ||
| of annual program funds. | ||
| (d) Before payments are made under Subsection (a) in October | ||
| and April, the certified educational assistance organization | ||
| shall: | ||
| (1) verify with the agency that a program participant | ||
| is not entitled to the benefits of the Foundation School Program | ||
| through enrollment in a public school; and | ||
| (2) notify the comptroller if the organization | ||
| determines that a program participant is enrolled in a public | ||
| school, including an open-enrollment charter school, and entitled | ||
| to the benefits of the Foundation School Program. | ||
| (e) On the date on which a program participant is no longer | ||
| eligible to participate in the program under Section 29.356, the | ||
| comptroller shall close the program participant's account and | ||
| return any remaining revenue to the Education Savings Account | ||
| program fund. | ||
| Sec. 29.363. RANDOM AUDITING. (a) The comptroller may | ||
| contract with a private entity to randomly audit accounts and a | ||
| certified educational assistance organization as necessary to | ||
| ensure compliance with applicable law and program requirements. | ||
| (b) In conducting an audit, the comptroller or private | ||
| entity may require that a program participant or a certified | ||
| educational assistance organization provide additional information | ||
| and documentation regarding any payment made with program funds. | ||
| (c) The private entity shall report to the comptroller any | ||
| violation of this subchapter or other relevant law found by the | ||
| entity during an audit conducted under this section. The | ||
| comptroller shall report the violation to the: | ||
| (1) certified educational assistance organization; | ||
| (2) education service provider or vendor of | ||
| educational products, as applicable; and | ||
| (3) parents of affected program participants. | ||
| 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 program | ||
| requirements. | ||
| (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 30th business day 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) If the program participant's account is suspended or | ||
| closed under this section, the comptroller may recover from the | ||
| participant or other entity money distributed to the account that | ||
| was used for expenses not allowed under Section 29.360. | ||
| Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) An | ||
| education service provider or vendor of educational products may | ||
| not charge a program participant an amount greater than the amount | ||
| charged for that product or service by the provider or vendor to an | ||
| individual who is not a program participant. | ||
| (b) An education service provider or a vendor of educational | ||
| products receiving money distributed under the program may not in | ||
| any manner rebate, refund, credit to, or share with a program | ||
| participant, or any person on behalf of a participant, any program | ||
| funds paid or owed by the participant to the provider or vendor. | ||
| Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. If the | ||
| comptroller or a certified educational assistance organization | ||
| obtains evidence of fraudulent use of an account, the comptroller | ||
| or organization shall notify the district attorney with | ||
| jurisdiction over the residence of the program participant. | ||
| 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) a private school is not subject in the same manner | ||
| as a public school to federal and state laws regarding the provision | ||
| of educational services to a child with a disability; 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 program participant with a | ||
| disability 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) Receiving funds from the program does not make an | ||
| education service provider or vendor of educational products a | ||
| recipient of federal financial assistance. | ||
| (b) A rule or other action by any person, governmental body, | ||
| court of law, or administrator of the program shall not, in any | ||
| matter related to the program: | ||
| (1) limit the independence or autonomy of an education | ||
| service provider; | ||
| (2) deem the actions of an education service provider | ||
| to be the actions of the state government or make the education | ||
| service provider a state actor; | ||
| (3) impose any additional regulation on education | ||
| service providers beyond those necessary to enforce the | ||
| requirements of the program; | ||
| (4) require an education service provider to modify | ||
| its creed, practices, admissions policies, curriculum, performance | ||
| standards, employment policies, or assessments to accept | ||
| recipients of funds from the program; | ||
| (5) take any action that limits an education service | ||
| provider in determining how to educate its students or in | ||
| exercising its religious or institutional values; or | ||
| (6) take any action that imposes an obligation on the | ||
| education service provider to act contrary to its religious or | ||
| institutional values. | ||
| (c) With regard to a program participant who is not enrolled | ||
| in an accredited school, a rule or other action by any person, | ||
| governmental body, court of law, or administrator of the program | ||
| may not, in any matter related to the program: | ||
| (1) limit the independence or autonomy of the program | ||
| participant; | ||
| (2) deem the actions of the program participant to be | ||
| the actions of the state government or make the program participant | ||
| a state actor; | ||
| (3) impose any additional regulation on the program | ||
| participant beyond what is necessary to enforce the requirements of | ||
| the program; | ||
| (4) require the program participant to modify their | ||
| creed, practices, admissions policies, curriculum, performance | ||
| standards, employment policies, or assessments to accept | ||
| recipients of funds from the program; | ||
| (5) take any action that limits the program | ||
| participant in determining their educational content or in | ||
| exercising religious values; or | ||
| (6) take any action that imposes an obligation on the | ||
| program participant to act contrary to their religious values. | ||
| (d) In any proceeding challenging a rule adopted under the | ||
| authority of or related to this subchapter, the state agency, | ||
| officer, or other person adopting the rule has the burden of proof | ||
| to establish by clear and convincing evidence that the rule: | ||
| (1) is necessary to implement the program; | ||
| (2) does not violate this section; | ||
| (3) does not impose an undue burden on a program | ||
| participant or an education service provider or vendor of | ||
| educational products that participates or applies to participate in | ||
| the program; and | ||
| (4) is the least restrictive means of accomplishing | ||
| the intended purposes, while at the same time recognizing the | ||
| independence of education service providers or vendors of | ||
| educational products to meet the educational needs of their | ||
| students in accordance with their religious or institutional | ||
| values. | ||
| 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 or is seeking to attend. | ||
| (b) As necessary to verify eligibility for the program, the | ||
| agency shall provide to a certified educational assistance | ||
| organization any information available to the agency requested by | ||
| the organization regarding a program participant or applicant. The | ||
| certified educational assistance organization may not retain | ||
| information provided under this subsection beyond the period | ||
| necessary to determine a child's eligibility to participate 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 program, including | ||
| establishing the program. | ||
| Sec. 29.371. RULES; PROCEDURES. (a) The comptroller shall | ||
| adopt rules and procedures as necessary to implement, administer, | ||
| and enforce this subchapter. The comptroller may adopt the initial | ||
| rules in the manner provided by law for emergency rules. | ||
| (b) A rule adopted under Subsection (a) is binding on an | ||
| organization that applies for certification as an educational | ||
| assistance organization and a state or local governmental entity, | ||
| including a political subdivision. | ||
| Sec. 29.372. RULES; PROCEDURES. The comptroller shall | ||
| adopt rules and procedures as necessary to implement, administer, | ||
| and enforce this subchapter. The comptroller may adopt the initial | ||
| rules in the manner provided by law for emergency rules. | ||
| Sec. 29.373. PARENTAL AND STUDENT RIGHT TO INTERVENE IN | ||
| CIVIL ACTION. (a) A child, a parent, and education service | ||
| providers or vendors of educational products who are eligible to | ||
| participate in the program 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 children and parents of children | ||
| who are eligible to participate in the program wishing to intervene | ||
| in the action file a joint brief. Children and parents of children | ||
| who are eligible to participate in the program may not be required | ||
| to join a brief filed on behalf of the state or a state agency. | ||
| Sec. 29.374. VENUE, STANDING, AND PROCEDURE IN LEGAL | ||
| PROCEEDINGS CONCERNING THE PROGRAM. (a) Any question regarding | ||
| the constitutionality or other validity under the state or federal | ||
| constitution of all or any part of this subchapter may be determined | ||
| in any state district court in which the violation is alleged to | ||
| have occurred or where the claimant resides or has its principal | ||
| place of business. | ||
| (b) An organization or parent of an eligible child who is | ||
| adversely affected or aggrieved by a determination or order made by | ||
| the comptroller or a certified educational assistance organization | ||
| under this subchapter may obtain a review of such determination or | ||
| order in any state district court in which the child resides or | ||
| where the organization has its principal place of business. | ||
| (c) An order or judgment, 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 this subchapter may be reviewed only by direct appeal to the | ||
| Supreme Court of Texas filed not later than the 15th day after entry | ||
| of the order or judgment. All appeals shall be heard and determined | ||
| by the district court and the Supreme Court of Texas as | ||
| expeditiously as possible with lawful precedence over other | ||
| matters. Such a direct appeal is an accelerated appeal. | ||
| (d) The filing of a direct appeal under this section will | ||
| automatically stay any temporary or otherwise interlocutory | ||
| injunction or permanent injunction pending final determination by | ||
| the Supreme Court of Texas, 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 | ||
| legal remedy; and | ||
| (3) maintaining the injunction is in the public | ||
| interest. | ||
| (e) 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. | ||
| (f) 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. | ||
| SECTION 5. 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. | ||
| SECTION 6. 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; [ |
||
| (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 as | ||
| required under Section 29.359. | ||
| SECTION 7. Not later than March 31, 2024, the comptroller of | ||
| public accounts shall adopt rules as provided by Section 29.372, | ||
| Education Code, as added by this Act. | ||
| SECTION 8. The comptroller of public accounts is required | ||
| to implement a provision of this Act only if the legislature | ||
| appropriates money specifically for that purpose or funds are | ||
| provided through gifts, grants, or donations. If the legislature | ||
| does not appropriate money specifically for that purpose and funds | ||
| are not provided through gifts, grants, or donations, the | ||
| comptroller may, but is not required to, implement this Act using | ||
| other appropriations available for that purpose. | ||
| SECTION 9. (a) Any question regarding the | ||
| constitutionality or other validity under the state or federal | ||
| constitution of all or any part of Subchapter J, Chapter 29, | ||
| Education Code, as added by this Act, may be determined in any state | ||
| district court in which the violation is alleged to have occurred or | ||
| where the claimant resides or has its principal place of business. | ||
| (b) An organization or parent of an eligible child who is | ||
| adversely affected or aggrieved by a determination or order made by | ||
| the comptroller or a certified educational assistance organization | ||
| under Subchapter J, Chapter 29, Education Code, as added by this Act | ||
| may obtain a review of such order in any state district court in | ||
| which the child resides or where the organization has its principal | ||
| place of business. | ||
| (c) 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 | ||
| Act, may be reviewed only by direct appeal to the Supreme Court of | ||
| Texas filed within 15 days after entry of judgment. All appeals | ||
| shall be heard and determined by the district court and the Supreme | ||
| Court of Texas as expeditiously as possible with lawful precedence | ||
| over other matters. | ||
| (d) The direct appeal is an accelerated appeal. | ||
| (e) This section exercises the authority granted by Section | ||
| 3-b, Article V, of the Texas Constitution. | ||
| (f) 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 | ||
| legal remedy; and | ||
| (3) maintaining the injunction is in the public | ||
| interest. | ||
| (g) 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. | ||
| (h) This section does not authorize an award of attorneys' | ||
| fees against this state and Section 37.009, Civil Practice and | ||
| Remedies Code, does not apply to an action filed under this section. | ||
| SECTION 10. It is the intent of the legislature that every | ||
| provision, section, subsection, sentence, clause, phrase, or word | ||
| in this Act, and every application of the provisions in this Act to | ||
| each person or entity, are severable from each other. If any | ||
| application of any provision in this Act 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. | ||
| SECTION 11. 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 last day of the | ||
| legislative session. | ||
