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A BILL TO BE ENTITLED
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AN ACT
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relating to the supplemental special education services program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.042, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (e) to read as |
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follows: |
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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 annually provide each student |
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approved as provided by this subchapter a grant of not more than |
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$1,500 to purchase supplemental special education services and |
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supplemental special education instructional materials. |
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(e) A student may receive a grant under this subchapter for |
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each year for which the student is eligible. |
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SECTION 2. Section 29.044(a), Education Code, is amended to |
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read as follows: |
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(a) The agency shall establish eligibility criteria for the |
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approval of an application submitted under Section 29.043. The |
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criteria: |
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(1) must require that the student be eligible to |
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participate in a school district's [enrolled in the current school |
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year at a 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; and |
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(2) may not require that the student be enrolled in a |
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school district or open-enrollment charter school. |
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SECTION 3. Section 29.045, Education Code, is amended to |
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read as follows: |
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Sec. 29.045. APPROVAL OF APPLICATION; ASSIGNMENT OF |
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ACCOUNT; APPLICATION PRIORITY. (a) Subject to available funding |
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and the priorities provided by Subsection (b), the agency shall |
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approve each student who meets the program eligibility criteria |
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established under Section 29.044 and assign to the student an |
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account maintained under Section 29.042(b). The account may only |
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be used by the student's parent to purchase supplemental special |
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education services or supplemental special education instructional |
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materials for the student, subject to Sections 29.046, 29.0461, and |
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29.0471 [29.047]. |
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(b) On receipt of acceptable applications for admission |
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under this subchapter in excess of available positions in the |
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program due to insufficient funding, the agency shall prioritize |
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applications in the following order: |
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(1) applications from students who have previously |
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received a grant under the program; and |
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(2) applications from students who demonstrate that a |
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needed supplemental special education service is not adequately |
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provided at the student's educational institution. |
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SECTION 4. Section 29.046, Education Code, is amended to |
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read as follows: |
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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 approved under Section |
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29.0461. |
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(b) Supplemental special education services must be |
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provided by a [an agency-approved] provider approved under Section |
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29.0471. |
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(c) Instructional [If the agency has approved vendors for a |
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category of instructional material under Section 29.047, |
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instructional] materials must be purchased from a [an |
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agency-approved] vendor approved under Section 29.0471 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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SECTION 5. Subchapter A-1, Chapter 29, Education Code, is |
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amended by adding Sections 29.0461 and 29.0471 to read as follows: |
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Sec. 29.0461. APPROVED EXPENSES. (a) Subject to |
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Subsection (b), money in an account assigned to a student under |
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Section 29.045 may be used only for the following expenses incurred |
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by the student at a preapproved provider of supplemental special |
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education services or vendor of supplemental special education |
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instructional materials: |
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(1) tuition and fees: |
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(A) at a private school accredited by an |
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organization that is recognized by the agency; |
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(B) at an institution of higher education or |
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private or independent institution of higher education, as those |
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terms are defined by Section 61.003, for a course described by |
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Section 28.009 for which the student may receive high school credit |
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based on an agreement between the institution and the school in |
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which the student is enrolled; or |
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(C) for an online educational course or program; |
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(2) the purchase of textbooks or other instructional |
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materials or uniforms required by a school, institution, course, or |
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program described by Subdivision (1) in which the student is |
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enrolled; |
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(3) payments for the purchase of a curriculum; |
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(4) fees for classes or other educational services or |
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extracurricular programs provided by a public school; |
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(5) fees for services provided by a private tutor or |
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teaching service; |
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(6) fees for educational therapies or services |
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provided by a practitioner or provider, including respite therapy |
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services, other than fees covered by any federal, state, or local |
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government benefit program, including Medicaid or the children's |
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health insurance program, or any applicable private insurance; |
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(7) costs of computer hardware and other technological |
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devices that are primarily used for educational purposes, not to |
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exceed in any year 10 percent of the total amount deposited in the |
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student's account that year; and |
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(8) fees for a nationally standardized |
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norm-referenced achievement test, an advanced placement test or |
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similar examination, or any examination related to college or |
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university admission. |
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(b) Money in an account assigned to a student under Section |
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29.045 may not be used to pay any person who is: |
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(1) related to the student within the third degree of |
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consanguinity or affinity, as determined under Chapter 573, |
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Government Code; or |
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(2) a member of the student's household. |
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(c) A finding that a student or the student's parent used |
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money in the account assigned to the student under Section 29.045 to |
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pay for an expense not allowed under Subsection (a) does not affect |
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the validity of any payment made by the student or the student's |
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parent for an expense that is allowed under that subsection. |
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Sec. 29.0471. APPROVED PROVIDERS. (a) The agency by rule |
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shall establish a process for parents of eligible students to |
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request the preapproval of providers of supplemental special |
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education services and vendors of supplemental special education |
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instructional materials. |
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(b) The agency shall approve a provider of supplemental |
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special education services or vendor of supplemental special |
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education instructional materials for participation in the program |
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not later than the 30th day after the date the agency receives the |
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provider's or vendor's application if the provider or vendor: |
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(1) for an accredited private school, executes a |
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notarized affidavit, with supporting documents, concerning the |
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school's qualification to serve students who receive a grant under |
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this subchapter, including evidence of: |
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(A) a valid certificate of occupancy; |
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(B) policy statements regarding: |
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(i) admissions; |
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(ii) curriculum; |
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(iii) safety; |
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(iv) student to teacher ratios; and |
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(v) assessments; |
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(C) the school's agreement that students who |
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receive a grant under this subchapter are eligible to apply for |
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scholarships offered by the school to the same extent as other |
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students; and |
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(D) accreditation by an organization recognized |
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by the agency or the Texas Private School Accreditation Commission; |
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(2) for a private tutor, therapist, or teaching |
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service: |
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(A) executes a notarized affidavit, with |
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supporting documents, concerning the tutor's, therapist's, or |
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service's qualification to serve students who receive a grant under |
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this subchapter, including that the tutor or therapist or each |
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employee of the service who intends to provide services to a |
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student: |
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(i) is certified under Subchapter B, |
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Chapter 21; |
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(ii) holds a relevant license or |
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accreditation issued by a state, regional, or national licensing or |
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accreditation organization; or |
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(iii) is employed in a teaching or tutoring |
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capacity at an institution of higher education or a private or |
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independent institution of higher education, as those terms are |
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defined by Section 61.003; and |
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(B) the tutor or therapist or each employee of |
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the teaching service who intends to provide supplemental special |
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education services to a student who receives a grant under this |
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subchapter either: |
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(i) completes a national criminal history |
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record information review; or |
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(ii) provides to the agency documentation |
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indicating that the tutor, therapist, or employee, as applicable, |
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has completed a national criminal history record information review |
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within a period established by agency rule; |
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(3) for an online educational course or program |
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provider, executes a notarized affidavit, with supporting |
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documents, concerning the provider's qualification to serve |
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students who receive a grant under this subchapter; or |
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(4) for any provider or vendor not described by |
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Subdivision (1), (2), or (3), presents any necessary supporting |
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documents concerning the provider's or vendor's qualification to |
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serve students who receive a grant under this subchapter. |
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(f) The agency shall review the national criminal history |
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record information or documentation for each private tutor, |
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therapist, or teaching service employee who submits information or |
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documentation under this section and verify that the individual is |
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not included in the registry under Section 22.092. The tutor, |
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therapist, or service must provide the agency with any information |
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requested by the agency to enable the agency to complete the review. |
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The agency shall report the agency's findings from the review to the |
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parental review committee. |
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(g) The agency shall post on the agency's Internet website |
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the list of preapproved providers of supplemental special education |
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services and vendors of supplemental special education |
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instructional materials. |
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SECTION 6. The following provisions of Subchapter A-1, |
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Chapter 29, Education Code, are repealed: |
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(1) Section 29.044(b); and |
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(2) Sections 29.047 and 29.050. |
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SECTION 7. This Act takes effect September 1, 2023. |