83R8121 KKA-D
 
  By: Lucio III H.B. No. 3841
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a supplemental educational services program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 29, Education Code, is amended by adding
  Subchapter O to read as follows:
  SUBCHAPTER O. SUPPLEMENTAL EDUCATIONAL SERVICES PROGRAM
         Sec. 29.601.  PROGRAM REQUIRED. The agency shall administer
  a program for the provision of supplemental educational services
  under 20 U.S.C. Section 6316 to eligible students at campuses that
  receive federal funding under Title I of the Elementary and
  Secondary Education Act of 1965 (20 U.S.C. Section 6301 et seq.).
         Sec. 29.602.  NOTIFICATION OF STUDENT ELIGIBILITY. (a) The
  agency shall notify a school district of students enrolled in the
  district who are eligible for services under the program.
         (b)  Each school district shall notify the parents of an
  eligible student of the availability of the services and provide
  the parents with information regarding the applicable procedures
  for applying to enroll the student in the program.
         (c)  To the extent that insufficient funds are available to
  provide supplemental educational services to each eligible
  student, services shall be provided in accordance with priorities
  established by the school district in which a student is enrolled.
         Sec. 29.603.  ENROLLMENT PROCEDURES. (a) The agency shall
  develop procedures under which the parent of an eligible student
  may apply to the agency to enroll the student in the program.
         (b)  The procedures must include the availability of
  electronic application for enrollment through the Internet.
         Sec. 29.604.  TUTORING PROVIDERS. (a) A student may receive
  supplemental educational services under the program only through a
  tutoring provider that:
               (1)  is certified for that purpose by the agency; and
               (2)  enters into a contract with the district and the
  agency governing the provision of those services.
         (b)  The agency shall adopt a statewide uniform contract for
  purposes of Subsection (a)(2).
         (c)  The agency shall set reimbursement rates for tutoring
  providers. Each tutoring provider shall submit invoices for
  services directly to the agency.
         (d)  The agency shall notify a school district and the
  parents of a child receiving services from a tutoring provider if
  the tutoring provider becomes ineligible to provide services under
  the program.
         Sec. 29.605.  FUNDING. (a) The agency shall fund the
  program by retaining, for each school district with students
  eligible for services under the program, a portion of the federal
  funding under Title I of the Elementary and Secondary Education Act
  of 1965 (20 U.S.C. Section 6301 et seq.) that would otherwise be
  provided directly to the district.
         (b)  The amount retained under Subsection (a) may not exceed
  the amount that the school district could be required to use for
  supplemental educational services under federal law in the absence
  of any applicable federal waiver. The agency shall determine the
  amount to retain for each school district based on the estimated
  number of students in the district eligible for services under the
  program.
         (c)  Any portion of funds retained for a school district that
  is not used to pay the costs of providing supplemental educational
  services to eligible students in the district shall be released to
  the district promptly.
         Sec. 29.606.  INCENTIVES FOR EFFECTIVE USE OF PROGRAM. (a)
  The agency shall make efforts to provide incentives to school
  districts to achieve improvements in academic achievement through
  effective use of supplemental educational services provided under
  the program.
         (b)  In making discretionary grants to school districts
  under any provision of this code, the agency may give a preference
  to a school district that demonstrates effective use of
  supplemental educational services provided under the program.
         Sec. 29.607.  RULES. The commissioner shall adopt rules
  necessary to implement this subchapter.
         SECTION 2.  This Act takes effect September 1, 2013.