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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility for a public education grant of certain |
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students 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. Section 29.202, Education Code, is amended to |
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read as follows: |
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Sec. 29.202. ELIGIBILITY. (a) A student is eligible to |
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receive a public education grant or to attend another public school |
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in the district in which the student resides under this subchapter |
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if: |
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(1) the student is assigned to attend a public school |
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campus: |
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(A) [(1)] at which 50 percent or more of the |
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students did not perform satisfactorily on an assessment instrument |
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administered under Section 39.023(a) or (c) in any two of the |
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preceding three years; or |
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(B) [(2)] that, at any time in the preceding |
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three years, failed to satisfy any standard under Section |
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39.054(e); or |
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(2) the student: |
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(A) is in kindergarten through grade 12 and |
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eligible under Section 29.003 to participate in a school district's |
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special education program; and |
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(B) is the subject of an individualized education |
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program developed under Section 29.005. |
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(b) After a student who establishes eligibility under |
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Subsection (a)(1) has used a public education grant to attend a |
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school in a district other than the district in which the student |
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resides: |
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(1) the student does not become ineligible for the |
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grant if the school on which the student's initial eligibility is |
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based no longer meets the criteria under Subsection (a)(1) [(a)]; |
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and |
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(2) the student becomes ineligible for the grant if |
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the student is assigned to attend a school that does not meet the |
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criteria under Subsection (a)(1) [(a)]. |
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(c) A student who establishes eligibility under Subsection |
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(a)(2) remains eligible until the earlier of the date the student |
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graduates from high school or the student's 22nd birthday. |
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SECTION 2. Section 29.203(d), Education Code, is amended to |
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read as follows: |
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(d) A school district chosen by a student's parent under |
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Section 29.201 is entitled to accept or reject the application for |
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the student to attend school in that district but may not use |
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criteria that discriminate on the basis of a student's race, |
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ethnicity, academic achievement, athletic abilities, language |
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proficiency, sex, [or] socioeconomic status, or disability. A |
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school district that has more acceptable applicants for attendance |
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under this subchapter than available positions must give priority |
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to students at risk of dropping out of school as defined by Section |
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29.081 and students who are eligible under Section 29.202(a)(2), |
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and must fill the available positions by lottery. However, to |
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achieve continuity in education, a school district may give |
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preference over at-risk students and students eligible under |
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Section 29.202(a)(2) to enrolled students and to the siblings of |
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enrolled students residing in the same household or other children |
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residing in the same household as enrolled students for the |
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convenience of parents, guardians, or custodians of those children. |
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SECTION 3. Section 29.204, Education Code, is amended to |
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read as follows: |
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Sec. 29.204. NOTIFICATION. (a) Not later than January 1 of |
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each year the commissioner shall, based on the most recent |
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information available, provide notice to each school district in |
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which a campus described by Section 29.202(a)(1) [29.202] is |
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located that: |
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(1) identifies each campus in the district that meets |
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the description in Section 29.202(a)(1) [29.202]; and |
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(2) informs the district that the district must comply |
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with Subsection (b). |
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(b) Not later than February 1 of each year, a school |
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district shall notify the parent of each student in the district |
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assigned to attend a campus described by Section 29.202(a)(1) |
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[29.202] that the student is eligible for a public education grant. |
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In accordance with commissioner rule, a school district shall |
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notify the parent of each student in the district eligible under |
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Section 29.202(a)(2) of the student's eligibility as soon as |
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possible after the student establishes eligibility. The notice |
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must contain a clear, concise explanation of the public education |
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grant program and of the manner in which the parent may obtain |
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further information about the program. |
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SECTION 4. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 5. 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, 2015. |