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A BILL TO BE ENTITLED
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AN ACT
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relating to a supplemental special education services and |
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instructional materials program for certain public school students |
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receiving special education services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Education Code, is amended by adding |
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Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM |
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Sec. 29.041. DEFINITIONS. In this subchapter: |
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(1) "Parent" means a resident of this state who is a |
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natural or adoptive parent, managing or possessory conservator, |
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legal guardian, custodian, or other person with legal authority to |
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act on behalf of a child. |
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(2) "Supplemental special education instructional |
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materials" includes textbooks, computer hardware or software, |
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other technological devices, and other materials suitable for |
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addressing an educational need of a student receiving special |
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education services under Subchapter A. |
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(3) "Supplemental special education services" means |
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an additive service that provides an educational benefit to a |
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student receiving special education services under Subchapter A, |
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including: |
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(A) occupational therapy, physical therapy, and |
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speech therapy; and |
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(B) private tutoring and other supplemental |
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private instruction or programs. |
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Sec. 29.042. ESTABLISHMENT AND ADMINISTRATION OF PROGRAM. |
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(a) The agency by rule shall establish and administer a |
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supplemental special education services and instructional |
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materials program for students who meet the eligibility |
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requirements for participation in the program. Subject to |
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Subsection (c), the agency shall provide each student approved as |
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provided by this subchapter a credit of not more than $1,500 to |
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purchase supplemental special education services and supplemental |
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special education instructional materials. |
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(b) In administering the program, the agency shall maintain |
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a system of online accounts to provide access to the credit |
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described by Subsection (a) to an eligible student's parent. |
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(c) The commissioner shall set aside an amount not to exceed |
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$30 million from the total amount of funds appropriated for each |
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state fiscal year to fund the program under this section. For each |
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state fiscal year, the total amount provided for student credits |
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under Subsection (a) may not exceed the amount set aside by the |
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commissioner under this subsection. |
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Sec. 29.043. APPLICATION FOR CREDIT ON BEHALF OF STUDENT. |
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The agency shall establish an application process for an eligible |
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student's parent to apply for a credit held in an online account |
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maintained under Section 29.042(b) and assigned to the student |
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under Section 29.045. |
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Sec. 29.044. PROGRAM ELIGIBILITY CRITERIA. (a) The agency |
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shall establish eligibility criteria for the approval of an |
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application submitted under Section 29.043. The criteria must |
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require that the student be enrolled in the current school year at a |
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school district or open-enrollment charter school and in a |
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district's or school's special education program under Subchapter |
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A. |
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(b) The eligibility criteria established under this section |
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must also prioritize students for whom a school district or |
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open-enrollment charter school is eligible for a compensatory |
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education allotment under Section 48.104. |
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Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF |
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ACCOUNT. Subject to available funding the agency shall approve |
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each student who meets the program eligibility criteria established |
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under Section 29.044 and assign to the student an account |
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maintained under Section 29.042(b). The account may only be used by |
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the student's parent to purchase supplemental special education |
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services or supplemental special education instructional materials |
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for the student, subject to Sections 29.046 and 29.047. |
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Sec. 29.046. ACCOUNT USE RESTRICTION. (a) Money in an |
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account assigned to a student under Section 29.045 may be used only |
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for supplemental special education services and supplemental |
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special education instructional materials. |
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(b) Supplemental special education services must be |
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provided by an agency-approved provider. |
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(c) If the agency has approved vendors for a category of |
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instructional material under Section 29.047, instructional |
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materials must be purchased from an agency-approved vendor for that |
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category of instructional material. If the agency does not |
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establish criteria for agency approval for a category of |
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instructional materials, money in the student's account may be used |
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to purchase the instructional materials from any vendor. |
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Sec. 29.047. AGENCY-APPROVED PROVIDERS AND VENDORS: |
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CRITERIA AND APPLICATION. (a) The agency shall establish criteria |
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necessary for agency approval for each category of provider of a |
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professional service that is a supplemental special education |
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service, as identified by the agency. |
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(b) The criteria established under this section must |
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require a provider of a category of professional service to be |
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appropriately licensed or accredited in this state to provide that |
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service, including providers of physical therapy, occupational |
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therapy, and speech therapy. |
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(c) The agency shall provide a procedure for providers of |
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supplemental special education services to apply to the agency to |
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become an agency-approved provider. |
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(d) The agency may establish criteria for agency approval of |
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vendors for each category of supplemental special education |
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instructional materials identified by the agency. |
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(e) If the agency establishes criteria for agency approval |
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for a vendor of a category of supplemental special education |
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instructional materials, the agency shall provide a procedure for |
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vendors of that category to apply to the agency to become an |
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agency-approved vendor. |
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Sec. 29.048. RULES. The commissioner shall adopt rules as |
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necessary to administer the supplemental special education |
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services and instructional materials program under this |
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subchapter. |
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SECTION 2. Not later than December 1, 2021, the |
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commissioner of education shall adopt all rules necessary for the |
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establishment and administration of the supplemental special |
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education services and instructional materials program required |
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under Subchapter A-1, Chapter 29, Education Code, as added by this |
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Act. |
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SECTION 3. The Texas Education Agency is required to |
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implement a provision of this Act only if the legislature |
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appropriates money specifically for that purpose. If the |
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legislature does not appropriate money specifically for that |
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purpose, the Texas Education Agency may, but is not required to, |
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implement a provision of this Act using other appropriations |
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available for that purpose. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |
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