H.B. No. 753
 
 
 
 
AN ACT
  relating to certain information to be provided by school districts
  to parents concerning supplemental educational services and to
  Texas Education Agency approval and investigation of supplemental
  educational services providers.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 26, Education Code, is amended by adding
  Section 26.0082 to read as follows:
         Sec. 26.0082.  SUPPLEMENTAL EDUCATIONAL SERVICES.  (a)  In
  this section, "rigorous research" means research that includes:
               (1)  a study design that employs either a randomized
  controlled trial or a quasi-experimental design;
               (2)  an adequate measure of outcomes; and
               (3)  reliable and valid results.
         (b)  As part of the annual notice a school district provides
  to parents under 20 U.S.C. Section 6316(e)(2)(A) concerning
  supplemental educational services, the district shall include
  information provided to the district by the agency that:
               (1)  identifies characteristics of supplemental
  educational services that, based on rigorous research, have been
  demonstrated to be more likely to foster improvement in student
  academic performance, including information concerning the minimum
  number of hours of tutoring necessary for improved performance; and
               (2)  sorts, for each subject for which supplemental
  educational services are provided, supplemental educational
  services providers serving district students according to the
  provider's level of effectiveness in improving student performance
  in the applicable subject area.
         (c)  The agency shall develop and the commissioner by rule
  shall establish a process for approving and revoking approval for a
  supplemental educational services provider.  The process must allow
  the agency to use any publicly available information from any
  published source in determining whether to approve an entity as a
  provider, except that the agency may not use information that is
  self-published or published by a provider for marketing purposes.
         (d)  The agency shall maintain a publicly available list of
  approved providers.  In accordance with standards established by
  commissioner rule, the agency shall promptly investigate a
  complaint against an approved provider and promptly remove from the
  list of approved providers a provider for which agency approval has
  been revoked.
         (e)  Not later than the fifth business day after the date on
  which the agency removes a provider from the list of approved
  providers, the agency shall send notice of the removal to each
  appropriate school district.  The district shall provide notice of
  the removal to parents of appropriate students.
         (f)  A supplemental educational services provider for which
  agency approval has been revoked because the agency determines that
  the provider has engaged in fraudulent activity is permanently
  prohibited from acting as a provider in this state.
         SECTION 2.  This Act takes effect September 1, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 753 was passed by the House on April
  11, 2013, by the following vote:  Yeas 139, Nays 5, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 753 on May 22, 2013, by the following vote:  Yeas 127, Nays 14,
  4 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 753 was passed by the Senate, with
  amendments, on May 17, 2013, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor