Bill Text: TX SB8 | 2013 | 83rd Legislature 1st Special Session | Introduced
Bill Title: Relating to a school choice program for certain students with disabilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-27 - Filed [SB8 Detail]
Download: Texas-2013-SB8-Introduced.html
| By: Williams | S.B. No. 8 | |
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| relating to a school choice program for certain students with | ||
| 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. SCHOOL CHOICE PROGRAM FOR STUDENTS WITH DISABILITIES | ||
| Sec. 29.351. DEFINITIONS. In this subchapter: | ||
| (1) "Parent" includes a guardian, custodian, or other | ||
| person with authority to act on behalf of a student. | ||
| (2) "Program" means the school choice program | ||
| described by this subchapter. | ||
| (3) "Qualifying school" means a nongovernmental | ||
| community-based educational establishment that exists for the | ||
| public good and provides for the education needs of elementary and | ||
| secondary students with disabilities. The term does not include a | ||
| school that provides education in a home setting or that limits | ||
| enrollment to relatives of the school's staff. | ||
| Sec. 29.352. PROGRAM. An eligible student under Section | ||
| 29.353 may, at the option of the student's parent: | ||
| (1) attend any public school in the school district in | ||
| which the student resides as provided by Subchapter G; | ||
| (2) subject to the limitations of Section 29.203, | ||
| attend a public school in a district other than the district in | ||
| which the student resides as provided by Subchapter G; or | ||
| (3) receive a scholarship as provided by Section | ||
| 29.354 to pay the costs of attending a qualifying school. | ||
| Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible | ||
| to participate in the program if: | ||
| (1) the student is in kindergarten through grade 12 | ||
| and eligible under Section 29.003 to participate in a school | ||
| district's special education program; and | ||
| (2) an individualized education program has been | ||
| developed for the student under Section 29.005. | ||
| (b) A school district shall provide written notice of the | ||
| program to the parent of a student who is eligible to participate in | ||
| the program under Subsection (a). The notice under this subsection | ||
| must inform the parent that a qualifying school is not subject to | ||
| laws regarding the provision of education services in the same | ||
| manner as a public school, and a student with disabilities | ||
| attending a qualifying school may not receive the services a | ||
| student with disabilities attending a public school is entitled to | ||
| receive under federal and state law. The notice must provide | ||
| information regarding rights a student with disabilities is | ||
| entitled to under federal and state law if the student attends a | ||
| public school, including: | ||
| (1) rights provided under the Individuals with | ||
| Disabilities Education Act (20 U.S.C. Section 1400 et seq.), | ||
| including: | ||
| (A) an individualized education program; | ||
| (B) education services provided in the least | ||
| restrictive environment; | ||
| (C) instruction from certified teachers; | ||
| (D) due process hearings to ensure proper and | ||
| full implementation of an individualized education program; | ||
| (E) transition and planning services; and | ||
| (F) supplementary aids and services; | ||
| (2) rights provided under Subchapter A; and | ||
| (3) other rights provided under federal or state law. | ||
| (c) A student who establishes eligibility under this | ||
| section may continue participating in the program until the earlier | ||
| of the date the student graduates from high school or the student's | ||
| 22nd birthday. | ||
| Sec. 29.354. FINANCING; SCHOLARSHIP. (a) A student who | ||
| attends a qualifying school under this subchapter is entitled to | ||
| receive an annual scholarship in an amount equal to the amount of | ||
| funding to which the school district in which the student resides | ||
| would be entitled under Chapter 42 for the student. If the cost of | ||
| attending the qualifying school is less than the amount the student | ||
| would be entitled to under this subsection, the amount of the | ||
| scholarship shall be reduced to the amount necessary to pay the | ||
| costs of attending the qualifying school. | ||
| (b) On application by the parent of an eligible student, the | ||
| agency shall determine a student's eligibility in accordance with | ||
| rules adopted under Section 29.359. If the agency determines that | ||
| the student is eligible for participation in the program, the | ||
| agency shall issue a scholarship certificate to the parent. The | ||
| parent shall endorse and present the certificate to the qualifying | ||
| school chosen by the parent. | ||
| (c) The qualifying school the student attends must endorse | ||
| and present the student's scholarship certificate with | ||
| documentation relating to the costs for the student to attend the | ||
| qualifying school to the agency to receive payment. The agency | ||
| shall distribute to the qualifying school the amount of the | ||
| student's scholarship under Subsection (a). | ||
| (d) The agency shall direct the distribution of funds to the | ||
| qualifying school the student attends on a monthly pro rata basis | ||
| after educational services have been provided. The agency shall | ||
| require that the qualifying school submit documentation of the | ||
| student's attendance before the agency directs funds to the | ||
| qualifying school. The payment shall be made not later than the 30th | ||
| day after the date on which the agency receives from the qualifying | ||
| school a request for payment. | ||
| (e) The student's scholarship is the entitlement of the | ||
| student, under the supervision of the student's parent, and not | ||
| that of any school. | ||
| (f) A qualifying school may not share a student's | ||
| scholarship with or refund or rebate a student's scholarship to the | ||
| parent or the student in any manner. | ||
| (g) A student's scholarship may not be financed by money | ||
| appropriated from the available school fund. | ||
| Sec. 29.355. PARTICIPATION BY QUALIFYING SCHOOLS. To | ||
| participate in the program, a qualifying school must: | ||
| (1) be accredited by or have filed an application for | ||
| accreditation by an accrediting association recognized by the | ||
| commissioner to accredit nongovernmental schools in this state; | ||
| (2) not advocate or foster unlawful behavior or teach | ||
| hatred of any person or group on the basis of race, ethnicity, | ||
| national origin, or religion; and | ||
| (3) agree to fully comply with the individualized | ||
| education program developed for a student under Section 29.005. | ||
| Sec. 29.356. ADMISSIONS. (a) A qualifying school chosen by | ||
| an eligible student's parent under this subchapter: | ||
| (1) may not deny admission by discriminating on the | ||
| basis of the student's: | ||
| (A) race, ethnicity, or national origin; | ||
| (B) income status; or | ||
| (C) status as a student who qualifies for | ||
| instruction in English as a second language; and | ||
| (2) must comply with the requirements of: | ||
| (A) 42 U.S.C. Section 2000d et seq., with | ||
| respect to nondiscrimination on the basis of race, color, or | ||
| national origin; and | ||
| (B) Section 504, Rehabilitation Act of 1973 (29 | ||
| U.S.C. Section 794), with respect to nondiscrimination on the basis | ||
| of disability. | ||
| (b) Except as provided by this subsection, a qualifying | ||
| school that has more qualified scholarship applicants for | ||
| attendance under this subchapter than available positions must fill | ||
| the available scholarship positions by a random selection process. | ||
| To achieve continuity in education, a school may give preference | ||
| among scholarship applicants to a previously enrolled student and | ||
| to other students residing in the same household as a previously | ||
| enrolled student. | ||
| (c) A qualifying school may submit a written request for | ||
| student records from the public school previously attended by an | ||
| eligible student. On receipt of a request submitted under this | ||
| subsection, the public school shall in a timely manner deliver to | ||
| the qualifying school a copy of the public school's complete | ||
| student records for that student, including attendance records, | ||
| disciplinary records, past results of any assessment instruments | ||
| administered to the student, the student's individualized | ||
| education program, and any other comprehensive assessments from | ||
| each school the student previously attended. A public school that | ||
| is required to release student records under this subsection shall | ||
| comply with any applicable provision of the Family Educational | ||
| Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g). | ||
| Sec. 29.357. ACCOUNTABILITY. (a) Each qualifying school | ||
| that enrolls a student under this subchapter shall annually | ||
| administer in the spring: | ||
| (1) the appropriate assessment instrument required | ||
| under Section 39.023; or | ||
| (2) a nationally norm-referenced assessment | ||
| instrument approved by the agency. | ||
| (b) The school shall provide: | ||
| (1) the student's results to the student's parent; and | ||
| (2) the aggregated results of the assessment | ||
| instruments to the public. | ||
| Sec. 29.358. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying | ||
| school that accepts a scholarship under this subchapter is not an | ||
| agent or arm of the state or federal government. | ||
| (b) Except as provided by this subchapter, the | ||
| commissioner, the agency, the State Board of Education, or any | ||
| other state agency may not regulate the educational program of a | ||
| qualifying school that accepts a scholarship under this subchapter. | ||
| Sec. 29.359. RULES. (a) The commissioner shall adopt rules | ||
| as necessary to implement, administer, and enforce the program, | ||
| including rules regarding: | ||
| (1) the calculation and distribution of payments for | ||
| qualifying schools; and | ||
| (2) application and approval procedures for | ||
| qualifying school and student participation in the program. | ||
| (b) A rule adopted under this section is binding on any | ||
| other state or local governmental entity, including a political | ||
| subdivision, as necessary to implement, administer, and enforce the | ||
| program. | ||
| Sec. 29.360. PROGRAM COMPLIANCE. (a) The agency shall | ||
| respond to and investigate any complaint or dispute arising under | ||
| this subchapter. | ||
| (b) The agency shall enforce this subchapter and any rule | ||
| adopted under this subchapter and may withhold funds from any | ||
| school district or qualifying school that violates this subchapter | ||
| or a rule adopted under this subchapter. | ||
| SECTION 2. Section 29.202(a), Education Code, is amended to | ||
| read as follows: | ||
| (a) A student is eligible to receive a public education | ||
| grant or to attend another public school in the district in which | ||
| the student resides under this subchapter if: | ||
| (1) the student is assigned to attend a public school | ||
| campus: | ||
| (A) [ |
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| students did not perform satisfactorily on an assessment instrument | ||
| administered under Section 39.023(a) or (c) in any two of the | ||
| preceding three years; or | ||
| (B) [ |
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| three years, failed to satisfy any standard under Section | ||
| 39.054(e); or | ||
| (2) the student is eligible to participate in the | ||
| school choice program under Subchapter J. | ||
| SECTION 3. (a) The Texas Education Agency shall make the | ||
| school choice program as provided by Subchapter J, Chapter 29, | ||
| Education Code, as added by this Act, available for participation | ||
| beginning with the 2013-2014 academic school year. | ||
| (b) As soon as practicable, the commissioner of education | ||
| shall adopt and implement rules necessary for the administration of | ||
| the program. | ||
| SECTION 4. (a) The constitutionality and 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 an action for declaratory judgment in a district | ||
| court in Travis County under Chapter 37, Civil Practice and | ||
| Remedies Code. | ||
| (b) An appeal of a declaratory judgment or order, however | ||
| characterized, of a district court, including an appeal of the | ||
| judgment of an appellate court, holding or otherwise determining | ||
| that all or any part of Subchapter J, Chapter 29, Education Code, as | ||
| added by this Act, is constitutional or unconstitutional, or | ||
| otherwise valid or invalid, under the state or federal constitution | ||
| is an accelerated appeal. | ||
| (c) If the judgment or order is interlocutory, an | ||
| interlocutory appeal may be taken from the judgment or order and is | ||
| an accelerated appeal. | ||
| (d) A district court in Travis County may grant or deny 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. | ||
| (e) There is a direct appeal to the supreme court from 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. | ||
| (f) The direct appeal is an accelerated appeal. | ||
| (g) This section exercises the authority granted by Section | ||
| 3-b, Article V, Texas Constitution. | ||
| (h) 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 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; and | ||
| (2) the applicant will suffer a probable injury that | ||
| is imminent and irreparable, and that the applicant has no other | ||
| adequate legal remedy. | ||
| (i) 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), 26.1(b), 28.1, 32.1(g), 35.3(c), 37.3(a)(1), | ||
| 38.6(a) and (b), 40.1(b), and 49.4. | ||
| 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. | ||
