BILL ANALYSIS

Senate Research Center	S.B. 8
	By: Creighton et al.
	Education
	3/20/2023
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Local schools have long been referred to as "community schools," because the community, particularly the parents of local school children, are an integral part of the school experience. In recent years, many parents have become less trusting of school districts and charter schools because they do not feel as if they have been granted appropriate opportunities to direct their children�s educational experience. The Parents Bill of Rights, Senate Bill 8, seeks to provide a course correction to put parents back in the center of the community of the school.

Research has demonstrated that parental involvement in their child's education is one of the key contributing factors for academic success. Senate Bill 8 ensures parents remain a central component of a child's education by clearly enumerating their rights to direct the moral and religious training of their children in the Education Code and empowering them with the tools to stay aware and involved.

Senate Bill 8 includes several revisions to the school district grievance process such as clear timelines to reduce delays and ensure the concerns of parents are addressed in a fair and timely manner. If a school board is unable to satisfactorily resolve a parental grievance, an independent hearing examiner may be appointed to ensure concerns are fairly addressed at the local level.

School districts are prohibited from withholding information from children's parents, and are required to receive parental consent for the administration of any medical, psychiatric, and psychological treatments or tests. Parents are also given the right to request reviews of instructional material to verify lesson content is age-appropriate and on-grade-level. Instruction concerning sexual orientation and gender identity is prohibited at all grade levels.

Parents have the right to choose the educational setting of their children. As such, Senate Bill 8 gives parents the ability to exercise their freedom of educational choice by allowing free transfer between school districts as well as giving public school students the opportunity to attend private school with an Education Savings Account (ESA).

Senate Bill 8's ESA program provides families who leave the public school system or are enrolling in prekindergarten or kindergarten for the first time with $8,000 to be spent on tuition and fees at an accredited private school and other approved educational expenses such as textbooks, uniforms, tutoring, transportation, and academic assessment fees. Various safeguards are put in place for the responsible use of funds and prevent fraud, including random audits of ESAs.

Senate Bill 8's ESA program is not designed to harm public schools. No funds allocated for public schools are to be used for the ESA program, which is funded through general revenue. School districts with fewer than 20,000 students will receive $10,000 for two years for each student that leaves the district for the ESA program.

As proposed, S.B. 8 amends current law relating to public education, including parental rights and public school responsibilities regarding instructional materials and the establishment of an education savings account program.��

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the commissioner of education in Section 1.006 (Section 26.0061, Education Code) and SECTION 1.016 (Section 31.154, Education Code) of this bill.

Rulemaking authority is expressly granted to the Texas Education Agency in SECTION 1.015 (Section 31.0236, Education Code) and SECTION 1.016 (Section 31.154, Education Code) of this bill.

Rulemaking authority is expressly granted to the Comptroller of Public Accounts of the State of Texas in SECTION 2.002 (Sections 29.358, 29.362, and 29.372, Education Code) of this bill.

SECTION BY SECTION ANALYSIS

ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM

SECTION 1.001. Amends Chapter 1, Education Code, by adding Section 1.009, as follows:

Sec. 1.009. INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED. Prohibits the rights granted to parents under the laws of this state, including the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the parent's child under Section 151.001 (Rights and Duties of Parents), Family Code, from being infringed on by any public elementary or secondary school or state governmental entity, including the state or a political subdivision of the state, unless the infringement is:

(1) necessary to further a compelling state interest, such as providing life-saving car to a student; and

(2) narrowly tailored using the least restrictive means to achieve that compelling state interest.

SECTION 1.002. Amends Section 7.057(a), Education Code, as follows:

(a) Authorizes a person to appeal in writing to the commissioner of education (commissioner), except as provided by Subsection (e) (relating to creating exceptions to Section 7.057 (Appeals)), if the person is aggrieved by:

(1) makes no changes to this subdivision; or

(2) actions or decisions of any school district board of trustees that violate:

(A)-(B) makes nonsubstantive changes to these paragraphs; or

SECTION 1.003. Amends Section 11.161, Education Code, as follows:

Sec. 11.161. New heading: FRIVOLOUS SUIT OR PROCEEDING. Authorizes the court or another person authorized to make decisions regarding the proceeding to award costs and reasonable attorney's fees in a civil suit or administrative proceeding brought under state law or rules against an independent school district or an officer of an independent school district acting under color of office if:

(1) the court or other authorized person finds that the suit is frivolous, unreasonable, and without foundation; and

(2) the suit or proceeding is dismissed or judgment is for the defendant.

SECTION 1.004. Amends Section 25.035, Education Code, as follows:

Sec. 25.035. TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a) Creates this subsection from existing text. Authorizes the boards of trustees of two more school districts or boards of county school trustees of two or more counties, in accordance with Sections 25.032 (Basis for Assignment or Transfer), 25.033 (Assignment or Transfer on Petition of Parent), and 25.034 (Hearing; Action on Petition; Appeal), to arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. Deletes existing text authorizing the board of trustees of two or more adjoining school districts or the boards of county school trustees of two or more adjoining counties by agreement and in accordance with certain sections, to arrange for the transfer and assignment of any student from the jurisdiction of one board to that of another. Deletes existing text requiring the participating governing boards to also agree to the transfer of school funds or other payments proportionate to the transfer of attendance in the case of the transfer and assignment of a student under this section.

(b) Authorizes a school district to deny approval of a transfer under this section if:

(1) the district or a school in the district to which a student seeks to transfer is at full student capacity or has more requests for transfers than available positions;

(2) at the time a student seeks to transfer, the student is suspended or expelled by the district in which the student is enrolled; or

(3) approving the transfer would supersede a court-ordered desegregation plan.

(c) Requires a school district that has more applicants for transfer under this section than available positions to fill the available positions by lottery and to give priority to applicants in the following order:

(1) students who are dependents of an employee of the receiving district; and

(2) students receiving special education services under Subchapter A (Special Education Program), Chapter 29;

(3) students who are dependents of military personnel;

(4) students who are dependents of law enforcement personnel;

(5) students in foster care;

(6) students who are the subject of court-ordered modification of an order establishing conservatorship or possession and access;

(7) students who are siblings of a student who is enrolled in the receiving district at the time the student seeks to transfer;

(8) students residing in the receiving district.

(d) Prohibits a student who transfers to another school district under this section from being charged tuition. Provides that the student is included in the average daily attendance of the district to which the student transfers, beginning on the date the student begins attending classes at that district.

(e) Authorizes, but does not require, a receiving school district to provide transportation to a student who transfers to the receiving district under this section.

(f) Authorizes a receiving school district to revoke, at any time during the school year, the approval of the student's transfer if the student:

(1) fails to comply with a condition specified in the agreement that is:

(A) a circumstance specified in the student code of conduct under Section 37.001(a)(1) (relating to requiring the student code of conduct to specify the circumstances under which a student is authorized to be removed from a classroom, campus, disciplinary alternative education program, or vehicle operated by the district);

(B) a condition specified in the student code of conduct under Section 37.001(a)(2) (relating to requiring the student code of conduct to specify conditions that authorize or require a principle or other appropriate administrator to transfer a student to a disciplinary alternative education program);

(C) conduct for which a student is required or permitted to be removed from class and placed in a disciplinary alternative education program under Section 37.006 (Removal for Certain Conduct); or

(D) conduct for which a student is required or permitted to be expelled from school under Section 37.007 (Expulsion for Serious Offenses); or

(2) fails to maintain a specified school attendance rate.

SECTION 1.005. Amends Section 26.001, Education Code, by amending Subsections (a), (c), (d), and (e) and adding Subsection (a-1), as follows:

(a) Provides that a parent, as provided under Section 151.001, Family Code, has the right to direct the moral and religious training of the parent's child, make decisions concerning the child's education, and consent to medical, psychiatric, and psychological treatment of the child without obstruction or interference from this state, any political subdivision of this state, a school district or open-enrollment charter school, or any other governmental entity.

(a-1) Creates this subsection from existing text.

(c) Provides that a board of trustees, administrator, educator, or other person, unless otherwise provided by law, is required to comply with Section 1.009 and is prohibited from limiting parental rights or withholding information from a parent regarding the parent's child.

(d) Requires each board of trustees to:

(1) creates this subdivision from existing text;

(2) develop a plan for parental participation in the district to improve parent and teacher cooperation, including in the areas of homework, school attendance, and discipline;

(3) creates this subdivision from existing text and makes nonsubstantive changes; and

(4) provide information about parental rights and options, including the right to withhold consent for or exempt the parent's child from certain activities and instruction, that addresses the parent's rights and options concerning:

(A) the child's course of study and supplemental services;

(B) instructional materials and library materials;

(C) health education instruction under Section 28.004 (Local School Health Advisory Council and Health Education Instruction);

(D) instruction regarding sexual orientation and gender identity under Section 28.0043;

(E) school options, including virtual and remote schooling options;

(F) immunizations under Section 38.001 (Immunization; Requirements; Exceptions);

(G) gifted and talented programs;

(H) promotion, retention, and graduation policies;

(I) grade, class rank, and attendance information;

(J) state standards and requirements;

(K) data collection practices;

(L) health care services, including notice and consent under Section 26.0083(g); and

(M) the local grievance procedure under Section 26.011.

SECTION 1.006. Amends Chapter 26, Education Code, by adding Sections 26.0012, 26.0026, 26.0061, and 26.0083, as follows:

Sec. 26.0012. RIGHT TO INFORMATION REGARDING PARENTAL RIGHTS. (a) Authorizes a parent to request in writing from a school district superintendent information regarding a parental right under Title 1 (General Provisions) or Title 2 (Public Education).

(b) Authorizes the parent to appeal to the district's board of trustees if the superintendent denies a request made under Subsection (a) or does not respond to the request within 10 days.

(c) Requires the board of trustees to include an appeal made under Subsection (b) in the business of the next board meeting after the date the appeal is received.

Sec. 26.0026. RIGHT TO SELECT EDUCATIONAL SETTING. Provides that a parent is entitled to choose the educational setting for the parent's child, including public school, private school, or home school.

Sec. 26.0061. RIGHT TO REQUEST INSTRUCTIONAL MATERIAL REVIEW. (a) Requires the board of trustees of each school district to establish a process by which a parent of a student, as indicated on the student registration form at the student's campus, is authorized to request an instructional material review under Section 31.0236 for a subject area in the grade level in which the student is enrolled.

(b) Provides that a process established under Subsection (a):

(1) is prohibited from requiring more than one parent of a student to make the request;

(2) is required to provide for the board of trustees of the school district to determine if the request will be granted, either originally or through an appeal process; and

(3) is authorized to permit the requesting parent to review the instructional material directly before the district conducts an instructional material review under Section 31.0236.

(c) Requires the board to conduct the review if the parents of at least 25 percent of the students enrolled at a campus present to the board of trustees of the school district in which the campus is located a petition for the board to conduct an instructional material review under Section 31.0236, unless, by a majority vote, the board denies the request. Requires that a review conducted under this subsection include a review of instructional materials for each subject area or grade level specified in the petition.

(d) Authorizes the commissioner to adopt rules to implement this section.

Sec. 26.0083. RIGHT TO INFORMATION REGARDING MENTAL, EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES. (a) Requires the Texas Education Agency (TEA) to adopt a procedure for school districts to notify the parent of a student enrolled in the district regarding any change in:

(1) services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being; or

(2) the district's ability to provide a safe and supportive learning environment for the student.

(b) Requires a procedure adopted under Subsection (a) to reinforce the fundamental right of a parent to make decisions regarding the upbringing and control of the parent's child by requiring school district personnel to:

(1) encourage a student to discuss issues relating to the student's well-being with the student's parent; or

(2) facilitate a discussion described under Subdivision (1).

(1) prohibits a district employee from notifying the parent of a student regarding:

(A) information about the student's mental, emotional, or physical health or well-being; or

(B) a change in services provided to or monitoring of the student related to the student's mental, emotional, or physical health or well-being;

(2) encourages or has the effect of encouraging a student to withhold from the student's parent information described by Subdivision (1)(A); or

(3) prevents a parent from accessing education or health records concerning the parent's child.

(d) Provides that Subsections (a) and (c) do not require the disclosure of information to a parent if a reasonably prudent person would believe the disclosure is likely to result in the student suffering abuse or neglect, as those terms are defined by Section 261.001 (Definitions), Family Code.

(e) Prohibits a school district employee from discouraging or prohibiting parental knowledge of or involvement in critical decisions affecting a student's mental, emotional, or physical health or well-being.

(f) Requires any student support services training developed or provided by a school district to district employees to comply with any student services guidelines, standards, and frameworks established by the State Board of Education (SBOE) and TEA.

(g) Requires a school district to provide to the parent of each student enrolled in the district, before the first instructional day of each school year, written notice of each health-related service offered at the district campus the student attends. Requires that the notice include a statement of the parent's right to withhold consent for or decline a health-related service. Provides that a parent's consent to a health-related service does not waive a requirement of Subsection (a), (c), or (e).

(h) Requires a school district to provide a copy of a student well-being questionnaire or health screening form to the student's parent and obtain the parent's consent to administer the questionnaire or form before administering to the questionnaire or form a student enrolled in prekindergarten through 12th grade

(i) Prohibits this section from being construed to:

(1) limit or alter the requirements of Section 38.004 (Child Abuse Reporting and Programs) of this code or Chapter 261 (Investigation of Report of Child Abuse or Neglect), Family Code; or

(2) limit a school district employee's ability to inquire about a student's daily well-being without parental consent.

(j) Requires TEA, SBOE, and the State Board for Educator Certification (SBEC) as appropriate, to review and revise as necessary the following to ensure compliance with this section, not later than June 30, 2024:

(1) school counseling frameworks and standards;

(2) educator practices and professional conduct principles; and

(3) any other student services personnel guidelines, standards, or frameworks.

(k) Provides that Subsection (j) and this subsection expire September 1, 2025.

SECTION 1.007. Amends Section 26.004(b), Education Code, as follows:

(b) Provides that a parent is entitled to access all written records of a school district concerning the parent's child, including:

(1)-(7) makes no changes to these subdivisions;

(8) medical records in accordance with Section 38.0095 (Parental Access to Medical Records), including health and immunization information; and

(9)-(11) makes no changes to these subdivisions.

SECTION 1.009. Amends Section 26.008, Education Code, as follows:

Sec. 26.008. RIGHT TO FULL INFORMATION CONCERNING STUDENT. (a) Provides that a parent, except as provided by Section 38.004, is entitled to:

(1) creates this subdivision from existing text and makes nonsubstantive changes; and

(2) prompt notification if a school district employee suspects that an offense has been committed against the parent's child.

(b) Provides that an attempt by any school district employee to encourage or coerce a child to withhold information from the child's parent is grounds for discipline under Section 21.104 (Discharge During Year or Suspension Without Pay Under Probationary Contract), 21.156 (Discharge or Suspension Without Pay Under Continuing Contract), or 21.211 (Termination or Suspension), as applicable, or by SBEC, if applicable.

SECTION 1.010. Amends Section 26.009, Education Code, by amending Subsection (a) and adding Subsections (a-1), (a-2), (c), (d), and (e), as follows:

(a) Requires an employee of a school district to obtain the written consent of a child's parent in the manner required by Subsection (a-2) before the employee is authorized to:

(1) makes a nonsubstantive change to this subdivision;

(2) subject to Subsection (b), make or authorize the making of a videotape of a child or record or authorize the recording of a child's voice;

(3) unless authorized by other law, collect, use, store, or disclose a child's private or identifying information, including data, health and medical information, and biometric identifiers; or

(4) provide health care services or medication or conduct a medical procedure.

(a-1) Defines "biometric identifier."

(a-2) Requires that written consent for a parent's child to participate in a district activity described by Subsection (a) be signed by the parent and returned to the district. Prohibits a child from participating in the activity unless the district receives the parent's signed written consent to that activity.

(c) Requires a school district to provide to the parent of each student enrolled in the district, before the first instructional day of each school year, written notice of any actions the district is authorized to take involving the authorized collection, use, or storage of information as described by Subsection (a)(3). Requires that the notice:

(1) include a plain language explanation for the district's collection, use, or storage of the child's information and the district's legal authority to engage in that collection, use, or storage; and

(2) be signed by the parent and returned to the district.

(d) Requires a school district to take disciplinary action against an employee responsible for allowing a child to participate in an activity described by Subsection (a)(4) if the district did not obtain a parent's consent for the child's participation in that activity.

SECTION 1.011. Amends Section 26.011, Education Code, as follows:

Sec. 26.011. New heading: LOCAL GRIEVANCE PROCEDURE. (a) Requires the board of trustees of each school district to adopt a grievance procedure under which the board is required to:

(1) address each grievance, rather than complaint, that the board receives concerning a violation of a right guaranteed by Section 1.009 or Chapter 26 (Parental Rights and Responsibilities):

(A) if a grievance is filed before the later of:

(i) the 90th day after the date on which the parent received notice of an incident giving rise to the grievance; or

(ii) the first day of the school year following the school year in which an incident giving rise to the grievance occurred; or

(B) regardless of whether the grievance was filed during the period described by Paragraph (A) if the grievance was informally brought to the attention of school district personnel during the school year in which an incident giving rise to the grievance occurred; and

(2) allow a parent at any time before a final decision by the board to amend the parent's grievance.

(b) Makes a conforming change to this subsection.

(c) Requires the board of trustees of each school district to ensure that each parent of a student enrolled in the district receives notice of:

(1) the parent's rights under this title;

(2) the board's grievance procedure under Subsection (a); and

(3) the requirement to appeal to the commissioner in writing under Section 7.057 if aggrieved by the school laws of this state or certain actions or decisions of any school district board of trustees.

(d) Requires the board of trustees of a school district to ensure a grievance procedure adopted under Subsection (a):

(1) authorizes a parent to notify the principal, or the principal's designee, of the district campus the parent's child attends regarding concerns related to:

(A) rights guaranteed under Section 1.009 or this chapter;

(B) a violation of Section 28.0022 (Certain Instructional Requirements and Prohibitions), 28.004 (Local School Health Advisory Council and Health Education Instruction), 28.0043, or 33.023 or Chapter 38 (Health and Safety), or the implementation of those provisions by the district; or

(2) requires that a principal or the principal's designee:

(A) acknowledge receipt of a grievance under Subdivision (1) not later than two school days after receipt of the grievance; and

(B) not later than the 14th day after receipt of a grievance described by Subdivision (1):

(i) resolve the issue that gave rise to the grievance to the satisfaction of the parent who submitted the grievance; or

(ii) provide to the parent who submitted the grievance a written explanation of the principal's reason for not resolving the issue to the parent's satisfaction;

(3) requires that, not later than the 30th day after receipt of a grievance described by Subdivision (1), if the principal fails to resolve the issue to the parent's satisfaction, the superintendent or the superintendent's designee:

(A) resolve the issue that gave rise to the grievance to the satisfaction of the parent who submitted the grievance; or

(B) provide to the parent who submitted the grievance a written explanation of the district's reason for not resolving the issue to the parent's satisfaction; and

(4) requires that, not later than the earlier of the 30th day after receipt of a grievance described by Subdivision (1) or the next meeting of the board, if the superintendent fails to resolve the issue to the parent's satisfaction, the board, in closed session:

(A) resolve the issue that gave rise to the grievance to the satisfaction of the parent who submitted the grievance; or

(B) provide to the parent who submitted the grievance a written explanation of the board's reason for not resolving the issue to the parent's satisfaction.

(e) Authorizes the parties to mutually agree to adjust the timeline for the procedure under this section.

SECTION 1.012. Amends Chapter 26, Education Code, by adding Section 26.0111, 26.0112, and 26.0113, as follows:

Sec. 26.0111. GRIEVANCE HEARING BEFORE HEARING EXAMINER. Authorizes a parent, if a grievance filed with the board of trustees of a school district under Section 26.011 is not resolved to a parent's satisfaction, to request that the commissioner appoint a hearing examiner with the same powers and qualifications of a hearing examiner under Subchapter F (Hearings Before Hearing Examiners), Chapter 21, to review the grievance and make recommendations to SBOE regarding its resolution.

(b) Requires a parent to file a written request for a hearing under this section with the commissioner not later than the 15th day after the date on which the board of trustees of the district resolved the parent's grievance under Section 26.011. Requires the parent to provide the district with a copy of the request and to provide the commissioner with a copy of the district's resolution of the grievance. Authorizes the parties to agree in writing to extend by not more than 10 days the deadline for requesting a hearing.

(c) Requires the commissioner to assign a hearing examiner to review the grievance in the manner provided by Section 21.254 (Assignment of Hearing Examiner). Provides that the hearing examiner has the powers described by Sections 21.255 (Hearings Before Hearing Examiner) and 21.256 (Conduct of Hearing) and to conduct the hearing in the manner provided by those sections as if the parent were a teacher.

(d) Requires the hearing examiner to complete the hearing and make a written recommendation to SBOE that includes proposing findings of fact and conclusions of law, not later than the 60th day after the date on which the commissioner receives a parent's written request for a hearing.

(e) Provides that Sections 21.257(c) (relating to authorizing parties to agree in writing to extend by not more than 45 days to right to a recommendation), (d) (relating to requiring a hearing examiner to send a copy of the recommendation to each party, the president of the board of trustees, and the commissioner), and (e) (relating to prohibiting a hearing examiner who fails to timely issue a written recommendation or decision from being assigned by the commissioner to conduct additional hearings) apply to a hearing under this section in the same manner as a hearing conducted under Subchapter F, Chapter 21.

(f) Provides that Section 21.258 (Consideration of Recommendation by Board of Trustees or Board Subcommittee) applies to SBOE in the same manner as if the board were the board of trustees of the school district or board subcommittee.

(g) Provides that Chapter 2001 (Administrative Procedure), Government Code, does not apply to SBOE's actions regarding the recommendation of the hearing examiner.

(h) Requires the costs of the hearing examiner, the court reporter, the original hearing transcript, and any hearing room costs, if the hearing room is not provided by the school district, to be paid by the school district.

Sec. 26.0112. DISCIPLINARY MEASURES. Requires the superintendent of the school district to appear before SBOE to testify regarding the hearing examiner's findings and the frequency of grievances against the district if at least five grievances involving a certain school district are reviewed by a hearing examiner under Section 26.0111 during a school year.

Sec. 26.0113. INVESTIGATION BY ATTORNEY GENERAL. Authorizes the attorney general to receive and investigate a parent's complaint related to an immediate threat to the mental, emotional, or physical bodily integrity, safety, or individual liberty of the parent's child at a school district, including complaints regarding:

(1) the district's failure to notify the parent regarding the provision of a medical, counseling, or mental health service or change in the status of services provided to the child in accordance with Section 26.0083;

(2) a district employee conducting a psychological screening, survey, or other method of obtaining written or electronic documentation on the mental status of the child without the parent's consent;

(3) exposure of the parent's child to harmful material, as defined by Section 43.24 (Sale, Distribution, or Display of Harmful Material to Minor), Penal Code;

(4) the district's failure to notify a parent regarding a physical or sexual assault against the parent's child or to protect the child from such an assault; and

(5) the district's failure to report to the proper agency an incident that is required to be reported by law.

SECTION 1.013. Amends Section 28.002, Education Code, by adding Subsection (c-4), to prohibit SBOE from adopting standards in violation of Section 28.0043.

SECTION 1.014. Amends Subchapter A, Chapter 28, Education Code, by adding Section 28.0043, as follows:

Sec. 28.0043. RESTRICTION ON INSTRUCTION REGARDING SEXUAL ORIENTATION AND GENDER IDENTITY. Prohibits a school district, open-enrollment charter school, or district or charter school employee from providing or allowing a third party to provide instruction, guidance, activities, or programing regarding sexual orientation or gender identity:

(1) to students enrolled in prekindergarten through twelfth grade; and

(2) in a manner that is not age-appropriate or developmentally appropriate.

SECTION. 1.015. Amends Subchapter B, Chapter 31, Education Code, by adding Section 31.0236, as follows:

Sec. 31.0236. LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL MATERIAL. (a) Requires TEA to adopt rules developing a process by which a school district is authorized to conduct a review of instructional materials used by a classroom teacher in a foundation curriculum course under Section 28.002(a)(1) to determine the degree to which the material:

(1) complies with the instructional materials adopted by the school district; and

(2) is appropriately rigorous for the grade level in which it is being used.

(b) Authorizes a review conducted under this section to be conducted using only a rubric developed by TEA and approved by SBOE.

(1) is required to minimize, to the extent possible, the time a classroom teacher is required to spend complying with a review conducted under this section;

(2) is prohibited from, unless unavoidable, requiring a teacher to spend more than 30 minutes on a single review conducted under this section; and

(3) is required to permit a regional education service center or a private educational service provider approved by TEA to conduct the review for a school district, if the center or provider has completed the training offered by the agency under Subsection (d).

(d) Requires TEA to provide to regional education service centers and other private education service providers approved by TEA training relating to appropriately conducting a review under this section.

(e) Requires TEA to adopt rules establishing a method for providing grants or other funding for the purpose of conducting reviews under this section.

SECTION 1.016. Amends Subchapter D, Chapter 31, Education Code, by adding Section 31.154, as follows:

Sec. 31.154. INSTRUCTIONAL MATERIALS PARENT PORTAL. (a) Requires TEA to adopt rules requiring each school district to develop and maintain an instructional materials parent portal.

(b) Requires that rules adopted by TEA under Subsection (a) require a school district's instructional materials parent portal to:

(1) provide to each parent of a student enrolled in the district access to all instructional material adopted or used by the district for the subject and grade level in which the student is enrolled, including open education resource instructional material;

(2) organize instructional material chronologically by the date on which the material is planned to be used in the classroom;

(3) be capable of being searched by subject and grade level;

(4) for instructional material not available in a digital format, contain sufficient information to allow a parent to locate a physical copy of the material; and

(5) for graded tests, quizzes, or other assessments, provide information detailing the process by which a parent is authorized to contact the appropriate classroom teacher and review the material in person under Section 26.006 (Access to Teaching Materials).

(c) Authorizes a school district, to comply with an intellectual property license or other restrictions placed on an instructional material and to maintain security of the information contained in an instructional materials parent portal under this section to require a parent, before accessing the portal, to:

(1) enter a password;

(2) comply with other user access verification procedures; and

(3) accept user terms and conditions, including a condition that the instructional material cannot be shared.

(d) Authorizes a parent's access to an instructional materials parent portal under this section to be denied if the parent fails or refuses to comply with a restriction under Subsection (c).

(e) Requires a school district that denies a parent access under Subsection (d) to permit the parent to appeal the denial to the board of trustees of the school district.

(f) Authorizes the commissioner to adopt rules as necessary to implement this section and to ensure parental access to instructional materials under Section 26.006 and this section.

SECTION 1.017. Amends Section 33.004(b), Education Code, as follows:

(b) Requires that all materials, including curriculum to be used during the year that is not available digitally through an instructional materials parent portal under Section 31.154, be available for a parent or guardian to preview during school hours. Prohibits materials or curriculum not included in the materials on the instructional materials parent portal or available on the campus for preview from being used.

SECTION 1.019. Reenacts Section 12.104(b), Education Code, as amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. 3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th Legislature, Regular Session, 2021 and amends it, as follows:

(b) Provides that an open-enrollment charter school is subject to:

(1)-(2) makes no changes to these subdivisions;

(3) a prohibition, restriction, or requirement, as applicable, imposed by this title or a rule adopted under this title, relating to:

(A)-(W) makes no changes to these paragraphs;

(X)-(Y) makes nonsubstantive changes to these paragraphs;

(AA) parental access to instructional materials and curricula under Section 26.0061; and

(BB) parental rights to information regarding a student's mental, emotional, and physical health-related needs and related services offered by the school as provided by Section 26.0083.

SECTION 1.021. Provides that this Act prevails over another Act of the 88th Legislature, Regular Session, 2023, to the extent of any conflict relating to nonsubstantive additions to and corrections in enacted codes.

ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM

SECTION 2.001. Provides that the purpose of this article is to:

(1) provide additional educational options to assist families in this state in exercising the right to direct the educational needs of their children; and

(2) achieve a general diffusion of knowledge.

SECTION 2.002. Amends Chapter 29, Education Code, by adding Subchapter J, as follows:

SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM

Sec. 29.351. DEFINITIONS. Defines "account," "certified educational assistance organization," "child with a disability," "higher education provider," "parent," "program," and "program participant."

Sec. 29.352. ESTABLISHMENT OF PROGRAM. Requires the Comptroller of Public Accounts of the State of Texas (comptroller) to establish a program to provide funding for approved education-related expenses of children participating in the Education Savings Account Program (program).

Sec. 29.353. PROGRAM FUND. (a) Provides that the program fund (fund) is an account in the general revenue fund to be administered by the comptroller.

(b) Provides that the fund is composed of:

(1) general revenue transferred to the fund;

(2) money appropriated to the fund;

(3) gifts, grants, and donations received under Section 29.370; and

(4) any other money available for purposes of the program.

Sec. 29.354. SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE ORGANIZATIONS. (a) Authorizes an organization to apply to the comptroller for certification as a certified educational assistance organization during an application period established by the comptroller.

(b) Requires an organization, to be eligible for certification, to:

(1) have the ability to perform the duties and functions required of a certified educational assistance organization under this subchapter;

(2) be in good standing with the state; and

(3) be able to assist the comptroller in administering the program, including the ability to:

(A) accept, process, and track applications for the program;

(B) assist prospective applicants, applicants, and program participants with finding preapproved education service providers and vendors of educational products; and

(c) Authorizes the comptroller to certify one or more educational assistance organizations to support the administration of the program, including by:

(1) administering:

(A) the application process under Section 29.356; and

(B) the program expenditures process under Section 29.360; and

(2) assisting prospective applicants, applicants, and program participants with understanding approved education-related expenses and finding preapproved education service providers and vendors of educational products.

Sec. 29.355. ELIGIBLE CHILD. (a) Provides that a child is eligible to participate in the program if the child:

(1) is eligible to:

(A) attend a public school under Section 25.001 (Admission); or

(B) enroll in a public school's prekindergarten program under Section 29.153 (Free Prekindergarten for Certain Children); and

(2) either:

(A) is enrolled for the current school year in a public school;

(B) attended a public school for at least 90 percent of the preceding school year; or

(b) Authorizes a child who establishes eligibility under this section to participate in the program until the earliest of the following dates:

(1) the date on which the child graduates from high school;

(2) the date on which the child is no longer eligible to attend a public school under Section 25.001;

(3) the date on which the child enrolls in a public school, including an open-enrollment charter school, in a manner in which the child will be counted toward the school's average daily attendance for purposes of the allocation of funding under the foundation school program; or

(4) the date on which the child is declared ineligible for the program by the comptroller under this subchapter.

Sec. 29.356. APPLICATION TO PROGRAM. (a) Authorizes a parent of an eligible child to apply to a certified educational assistance organization to enroll the child in the program for the following school year. Requires the comptroller to establish monthly deadlines by which an applicant is required to complete and submit an application form to participate in the program.

(b) Requires a certified educational assistance organization, on receipt of more acceptable applications for admission under this section than available positions in the program due to insufficient funding, to:

(1) for two-thirds of the available positions, prioritize applicants who would otherwise attend a campus with an overall performance rating under Section 39.054 (Methods and Standards for Evaluating Performance) of C, D, or F;

(2) fill the remaining one-third of available positions with applicants who would otherwise attend a campus with an overall performance rating under Section 39.054 of A or B; and

(3) subject to Subdivisions (1) and (2), consider applications in the order received.

(c) Requires a certified educational assistance organization to create an application form for the program and make the application form readily available through various sources, including the organization's Internet website. Requires that the application form state the monthly application deadlines established by the comptroller under Subsection (a). Requires each organization to ensure that the application form, including any required supporting document, is capable of being submitted to the organization electronically.

(d) Requires a certified educational assistance organization to post on the organization's Internet website an applicant and participant handbook with a description of the program, including:

(1) expenses allowed under the program under Section 29.359;

(2) a list of preapproved education service providers and vendors of educational products under Section 29.358;

(3) a description of the application process under this section and the program expenditures process under Section 29.360; and

(4) a description of the responsibilities of program participants.

(e) Requires a certified educational assistance organization to annually provide to each program participant the information described by Subsection (d). Authorizes the organization to provide the information electronically.

(f) Provides that a certified educational assistance organization:

(1) is authorized to require a program participant to submit annual notice regarding the participant's intent to continue participating in the program for the next school year; and

(2) is prohibited from requiring a program participant in good standing to annually resubmit an application for continued participation in the program.

Sec. 29.357. PARTICIPATION IN PROGRAM. Requires a parent of an eligible child, to receive funding under the program, to agree to:

(1) spend money received through the program only for expenses allowed under Section 29.359;

(2) share or authorize the administrator of an assessment instrument to share with the program participant's certified educational assistance organization the results of any assessment instrument required to be administered to the child under Section 29.358(b)(1)(B) or other law;

(3) refrain from selling an item purchased with program money in accordance with Section 29.359(a)(2) until the end of the 12th month after the date the item is purchased; and

(4) notify the program participant's certified educational assistance organization not later than 30 days after the date on which the child:

(A) enrolls in a public school, including an open-enrollment charter school;

(B) graduates from high school; or

(i) enroll in a public school under Section 25.001; or

(ii) enroll in a public school's prekindergarten program under Section 29.153.

Sec. 29.358. PREAPPROVED PROVIDERS. (a) Requires the comptroller by rule to establish a process for the preapproval of education service providers and vendors of educational products for participation in the program. Requires the comptroller to allow for the submission of applications on a rolling basis.

(b) Requires the comptroller to approve an education service provider or vendor of educational products for participation in the program if the provider or vendor:

(1) for a private school, demonstrates:

(A) accreditation by an organization recognized by:

(i) the Texas Private School Accreditation Commission; or

(ii) TEA; and

(B) annual administration of a nationally norm-referenced assessment instrument or the appropriate assessment instrument required under Subchapter B (Assessment of Academic Skills), Chapter 39;

(2) for a public school, demonstrates:

(A) accreditation by TEA; and

(B) the ability to provide services or products to program participants in a manner in which the participants are not counted toward the school's average daily attendance;

(3) for a private tutor, therapist, or teaching service:

(A) demonstrates that the tutor or therapist or each employee of the teaching service who intends to provide educational services to a program participant:

(i) is an educator employed by or a retired educator formerly employed by a school accredited by TEA, an organization recognized by TEA, or an organization recognized by the Texas Private School Accreditation Commission;

(ii) holds a relevant license or accreditation issued by a state, regional, or national certification or accreditation organization; or

(iii) is employed in or retired from a teaching or tutoring capacity at a higher education provider;

(B) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a program participant either:

(i) completes a national criminal history record information review; or

(ii) provides to the comptroller documentation indicating that the tutor, therapist, or employee, as applicable, has completed a national criminal history record information review within a period established by comptroller rule; and

(C) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a program participant is not included in the registry under Section 22.092 (Registry of Persons Not Eligible for Employment in Public Schools);

(4) for a higher education provider, demonstrates nationally recognized postsecondary accreditation; or

(5) for any provider or vendor not described by Subdivision (1), (2), (3), or (4), presents any necessary supporting documents concerning the provider's or vendor's qualification to serve program participants.

(c) Requires the comptroller to review the national criminal history record information or documentation for each private tutor, therapist, or teaching service employee who submits information or documentation under this section and verify that the individual is not included in the registry under Section 22.092. Requires the tutor, therapist, or service to provide the comptroller with any information requested by the comptroller to enable the comptroller to complete the review.

(d) Requires an education service provider or vendor of educational products to provide information requested by the comptroller to verify the provider's or vendor's eligibility for preapproval under Subsection (b). Prohibits the comptroller from approving a provider or vendor if the comptroller cannot verify the provider's or vendor's eligibility for preapproval.

(e) Requires an education service provider or vendor of educational products that no longer satisfies the requirements of this section to notify the comptroller not later than the 30th day after the date that the provider or vendor no longer meets the requirements.

(f) Prohibits this section from being construed to allow a learning pod, as defined by Section 27.001 (Definitions), or a home school to qualify as an approved education service provider or vendor of educational products.

Sec. 29.359. APPROVED EDUCATION-RELATED EXPENSES. (a) Authorizes money received under the program, subject to Subsection (b), to be used only for the following education-related expenses incurred by a child participating in the program at a preapproved education service provider or vendor of educational products:

(1) tuition and fees for a private school, as defined by Sec. 111.001, Education Code;

(2) the purchase of textbooks or other instructional materials or uniforms required by a school, higher education provider, or course in which the child is enrolled;

(3) costs related to academic assessments;

(4) fees for services provided by a private tutor or teaching service;

(5) fees for transportation provided by a fee-for-service transportation provider for the child to travel to and from a preapproved education service provider or vendor of educational products; and

(6) fees for educational therapies or services provided by a practitioner or provider, only for fees that are not covered by any federal, state, or local government benefits such as Medicaid or the Children's Health Insurance Program (CHIP) or by any private insurance that the child is enrolled in at the time of receiving the therapies or services.

(b) Prohibits money received under the program from being used to pay any person who is related to the program participant within the third degree by consanguinity or affinity, as determined under Chapter 573 (Degrees of Relationship; Nepotism Prohibitions), Government Code.

(c) Provides that a finding that a program participant used money distributed under the program to pay for an expense not allowed under Subsection (a) does not affect the validity of any payment made by the participant for an approved education-related expense that is allowed under that subsection.

Sec. 29.360. PROGRAM EXPENDITURES. (a) Requires the comptroller to disburse from the fund to each certified educational assistance organization the amount specified under Section 29.361(a) for each program participant for whom the organization administers an account.

(b) Requires the program participant to submit a request to the participant's certified educational assistance organization to initiate payment to an education service provider or vendor of educational products for an expense approved under Section 29.359.

(c) Requires a certified educational assistance organization to verify that the request is for an expense approved under Section 29.359 and, not later than the 15th business day after the date the organization verifies the request, send payment to the education service provider or vendor of educational products, subject to Subsection (d) and Sections 29.362(g) and 29.364.

(d) Prohibits a disbursement under this section from exceeding the program participant's account balance.

(e) Requires a certified educational assistance organization to provide program participants with electronic access to:

(1) the program participant's current account balance;

(2) the payment initiation process under Subsection (b); and

(3) a summary of the program participant's past activity, including expenditures and selected education service providers or vendors of educational products.

Sec. 29.361. AMOUNT OF PAYMENT; FINANCING. (a) Requires a parent of an eligible child to receive each year that the child participates in the program an annual payment from the state from funds available under Section 29.353 to the child's account in the amount of $8,000 regardless of the monthly deadline by which the parent applies for enrollment in the program under Section 29.356(a).

(b) Provides that this subsection applies only to a school district with a student enrollment of less than 20,000. Entitles a school district to which this subsection applies to receive $10,000 for the first two school years during which a child residing in the district participates in the program.

(c) Provides that any money remaining in a child's account at the end of a fiscal year is carried forward to the next fiscal year unless another provision of this subchapter mandates the closure of the account.

(d) Authorizes the parent of a child participating in the program to make payments for the expenses of educational programs, services, and products not covered by money in the child's account.

(e) Prohibits a payment under Subsection (a) from being financed using federal money or money from the available school fund or instructional materials fund.

(f) Provides that payments received under this subchapter do not constitute taxable income to the eligible child's parent, unless otherwise provided by federal law.

(g) Requires TEA to submit to the comptroller, not later than May 1 of each year, the data necessary to calculate the amount specified under Subsection (a).

Sec. 29.362. ADMINISTRATION OF ACCOUNTS. (a) Requires the comptroller to make quarterly payments to each program participant's account in equal amounts on or before the first day of July, October, January, and April.

(b) Authorizes the comptroller to deduct an amount from each quarterly payment to a program participant's account to cover the comptroller's cost of administering the program. Prohibits the amount deducted from exceeding three percent of the payment.

(c) Requires the comptroller to disburse to each certified educational assistance organization, each quarter, an amount from the total amount of money appropriated for purposes of this subchapter to cover the organization's cost of administering the program. Prohibits the total amount disbursed to a certified educational assistance organization under this subsection for a fiscal year from exceeding five percent of the amount appropriated for purposes of this subchapter for that fiscal year.

(d) Requires the comptroller to calculate each certified educational assistance organization's disbursement under Subsection (c) by multiplying the total amount to be disbursed by the average percentage of the program participants served by the organization during the preceding three months.

(e) Requires a certified educational assistance organization, on or before the first day of September and March, to:

(1) verify with TEA that each child participating in the program is not enrolled in a public school, including an open-enrollment charter school, in a manner in which the child is counted toward the school's average daily attendance for purposes of the allocation of state funding under the foundation school program; and

(2) notify the comptroller if the organization determines that a child participating in the program is enrolled in a public school, including an open-enrollment charter school, in a manner in which the child is counted toward the school's average daily attendance for purposes of the allocation of state funding under the foundation school program.

(f) Requires the comptroller by rule to establish a process by which a program participant is authorized to authorize the comptroller to make a payment directly from the participant's account to a preapproved education service provider or vendor of educational products for an expense allowed under Section 29.359.

(g) Provides that the child's account is closed and any remaining money is returned to the state for deposit in the program fund on the date on which a child who participated in the program is no longer eligible to participate in the program under Section 29.355 and payments for any expenses allowed under Section 29.359 from the child's account have been completed.

Sec. 29.363. RANDOM AUDITING. (a) Requires each certified educational assistance organization, each biennium, to contract with a private entity to randomly audit accounts and student eligibility data to ensure compliance with applicable law and program requirements.

(b) Authorizes the private entity, in conducting an audit, to require a program participant or the certified educational assistance organization with which the entity contracts under Subsection (a) to provide additional information and documentation regarding any payment made under the program.

(c) Requires the private entity to report to the comptroller and the certified educational assistance organization with which the entity contracts under Subsection (a) any violation of this subchapter or other relevant law found by the entity during an audit conducted under this section. Requires the comptroller to report the violation to:

(1) the education service provider or vendor of educational products, as applicable; and

(2) the parent of each child participating in the program who is affected by the violation.

Sec. 29.364. SUSPENSION OF ACCOUNT. (a) Requires the comptroller to suspend the account of a program participant who fails to remain in good standing by complying with applicable law or a requirement of the program.

(b) Requires the comptroller to notify the program participant in writing that the account has been suspended and that no additional payments are authorized to be made from the account on suspension of an account under Subsection (a). Requires that the notification specify the grounds for the suspension and state that the participant has 30 business days to respond and take any corrective action required by the comptroller.

(1) order closure of the suspended account;

(2) order temporary reinstatement of the account, conditioned on the performance of a specified action by the program participant; or

(3) order full reinstatement of the account.

(d) Authorizes the comptroller to recover money distributed under the program that was used for expenses not allowed under Section 29.359 from the program participant or the entity that received the money if the program participant's account is suspended or closed under this section.

Sec. 29.365. TUITION AND FEES; REFUND PROHIBITED. (a) Prohibits an education service provider or vendor of educational products from charging a child participating in the program an amount greater than the standard amount charged for that service or product by the provider or vendor.

(b) Prohibits an education service provider or vendor of educational products receiving money distributed under the program from in any manner rebating, refunding, or crediting to or sharing with a program participant, or any person on behalf of a participant, any program money paid or owed by the participant to the provider or vendor.

Sec. 29.366. REFERRAL TO DISTRICT ATTORNEY. Requires the comptroller or organization to notify the appropriate local county or district attorney with jurisdiction over the residence of the program participant if the comptroller or a certified educational assistance organization obtains evidence of fraudulent use of an account.

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Sec. 29.367. SPECIAL EDUCATION NOTICE. (a) Requires a certified educational assistance organization to post on the organization's Internet website and provide to each parent who submits an application for the program a notice that:

(1) states that a private school is not subject to federal and state laws regarding the provision of educational services to a child with a disability in the same manner as a public school; and

(2) provides information regarding rights to which a child with a disability is entitled under federal and state law if the child attends a public school, including:

(A) rights provided under the Individuals with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and

(B) rights provided under Subchapter A.

(b) Requires a private school in which a child with a disability who is a program participant enrolls to provide to the child's parent a copy of the notice required under Subsection (a).

Sec. 29.368. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY. (a) Provides that an education service provider or vendor of educational products that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receiving that money.

(b) Prohibits a rule adopted or action taken related to the program by an individual, governmental entity, court of law, or program administrator from:

(1) considering the actions of an education service provider, vendor of educational products, or program participant to be the actions of an agent of state government;

(2) limiting:

(A) an education service provider's ability to determine the methods used to educate the provider's students or to exercise the provider's religious or institutional values; or

(B) a program participant's ability to determine the participant's educational content or to exercise the participant's religious values;

(3) obligating an education service provider or program participant to act contrary to the provider's or participant's religious or institutional values, as applicable;

(4) imposing any regulation on an education service provider, vendor of educational products, or program participant beyond those regulations necessary to enforce the requirements of the program; or

(5) requiring as a condition of receiving money distributed under the program:

(A) an education service provider to modify the provider's creed, practices, admissions policies, curriculum, performance standards, employment policies, or assessments; or

(B) a program participant to modify the participant's creed, practices, curriculum, performance standards, or assessments.

(c) Provides that a state agency or officer, in a proceeding challenging a rule adopted by the agency or officer under this subchapter, has the burden of proof to establish by clear and convincing evidence that the rule:

(1) is necessary to implement or enforce the program as provided by this subchapter;

(2) does not violate this section;

(3) does not impose an undue burden on a program participant or an education service provider or vendor of educational products that participates or applies to participate in the program; and

(4) is the least restrictive means of accomplishing the purpose of the program while recognizing the independence of an education service provider to meet the educational needs of students in accordance with the provider's religious or institutional values.

Sec. 29.369. STUDENT RECORDS AND INFORMATION. (a) Requires the school district or open-enrollment charter school that the child would otherwise attend, on request by the parent of a child participating or seeking to participate in the program, to provide a copy of the child's school records possessed by the district or school, if any, to the child's parent or, if applicable, the private school the child attends.

(b) Requires TEA, a school district, or an open-enrollment charter school, as necessary to verify a child's eligibility for the program, to provide to a certified educational assistance organization any information available to TEA, the district, or school requested by the organization regarding a child who participates or seeks to participate in the program, including information regarding the child's public school enrollment status and whether the child can be counted toward a public school's average daily attendance for purposes of the allocation of funding under the foundation school program. Prohibits the organization from retaining information provided under this subsection beyond the period necessary to determine a child's eligibility to participate in the program.

Sec. 29.370. GIFTS, GRANTS, AND DONATIONS. Authorizes the comptroller and a certified educational assistance organization to solicit and accept gifts, grants, and donations from any public or private source for any expenses related to the administration of the program, including establishing the program and contracting for the report required under Section 29.371.

Sec. 29.371. ANNUAL REPORT. (a) Requires the comptroller to contract with a higher education provider to compile program data and produce an annual longitudinal report regarding:

(1) the number of program applications received, accepted, and waitlisted, disaggregated by age;

(2) program participant satisfaction;

(3) the results of assessment instruments shared in accordance with Section 29.357(2);

(4) the effect of the program on public and private school capacity, availability, and quality;

(5) the amount of cost savings accruing to the state as a result of the program;

(6) in a report submitted in an even-numbered year only, an estimate of the total amount of funding required for the program for the next state fiscal biennium;

(7) the amount of gifts, grants, and donations received under Section 29.370; and

(8) based on surveys of former program participants or other sources available to the higher education provider, the number and percentage of program participants who, within one year after graduating from high school, are:

(A) college ready, as indicated by earning a minimum of 12 non-remedial semester credit hours or the equivalent or an associate degree from a postsecondary educational institution;

(B) career ready, as indicated by:

(i) earning a credential of value included in the library of credentials established under Section 2308A.007 (Credential Library), Government Code; or

(ii) employment at or above the median wage in the participant's region; or

(C) military ready, as indicated by achieving a passing score set by the applicable military branch on the Armed Services Vocational Aptitude Battery and enlisting in the armed forces of the United States or the Texas National Guard.

(b) Requires the higher education provider, in producing the report, to:

(1) use appropriate analytical and behavioral science methodologies to ensure public confidence in the report; and

(2) comply with the requirements regarding the confidentiality of student educational information under the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

(c) Requires that the report cover a period of not less than five years and include, subject to Subsection (b)(2), the data analyzed and methodology used.

(d) Requires the comptroller and each certified educational assistance organization to post the report on the comptroller's and organization's respective Internet websites.

Sec. 29.372. RULES; PROCEDURES. Requires the comptroller to adopt rules and procedures as necessary to implement, administer, and enforce this subchapter.

Sec. 29.373. APPEAL; JUDICIAL REVIEW. (a) Authorizes a program participant to appeal to the comptroller an administrative decision made by the comptroller or a certified educational assistance organization under this subchapter, including a decision regarding eligibility, allowable expenses, or the participant's removal from the program.

(b) Authorizes a program participant, education service provider, or vendor of educational products who is adversely affected or aggrieved by a decision made by the comptroller or a certified educational assistance organization under this subchapter to file a suit challenging the decision in a district court in the county in which the program participant resides or the provider or vendor has its principal place of business, as applicable.

Sec. 29.374. RIGHT TO INTERVENE IN CIVIL ACTION. (a) Authorizes a program participant, education service provider, or vendor of educational products to intervene in any civil action challenging the constitutionality of the program.

(b) Authorizes a court in which a civil action described by Subsection (a) is filed to require that all program participants, education service providers, and vendors of educational products wishing to intervene in the action file a joint brief. Prohibits a program participant, education service provider, or vendor of educational products from being required to join a brief filed on behalf of the state or a state agency.

SECTION 2.003. Amends Section 22.092(d), Education Code, as follows:

(d) Requires TEA to provide equivalent access to the registry maintained under this section to:

(1) makes no changes to this subdivision;

(2)-(3) makes nonsubstantive changes to these subdivisions; and

(4) the comptroller for the purpose of preapproving education service providers and vendors of educational products under Section 29.358 for participation in the program established under Subchapter J, Chapter 29.

SECTION 2.004. Amends Section 411.109, Government Code, by adding Subsection (c), as follows:

(c) Entitles the comptroller to obtain criminal history record information maintained by the Department of Public Safety of the State of Texas about a person who is a private tutor, a therapist, or an employee of a teaching service or school who intends to provide educational services to a child participating in the program established under Subchapter J, Chapter 29, Education Code, and is seeking approval to receive money distributed under that program.

SECTION 2.005. Provides that Subchapter J, Chapter 29, Education Code, as added by this article, applies beginning with the 2024�2025 school year.

SECTION 2.006. (a) Requires the comptroller to adopt rules as provided by Section 29.372, Education Code, as added by this article, not later than November 15, 2023.

(b) Authorizes the comptroller to identify rules required by the passage of Subchapter J, Chapter 29, Education Code, as added by this article, that are required to be adopted on an emergency basis for purposes of the 2024�2025 school year and to use the procedures established under Section 2001.034 (Emergency Rulemaking), Government Code, for adopting those rules. Provides that the comptroller is not required to make the finding described by Section 2001.034(a) (relating to authorizing a state agency to adopt an emergency rule without prior notice or hearing, or with an abbreviated notice and a hearing that it finds practicable), Government Code, to adopt emergency rules under this subsection.

SECTION 2.007. (a) Authorizes the constitutionality and other validity under the state or federal constitution of all or any part of Subchapter J, Chapter 29, Education Code, as added by this article, to be determined in an action for declaratory judgment under Chapter 37 (Declaratory Judgements), Civil Practice and Remedies Code, in a district court in the county in which the violation is alleged to have occurred or where the plaintiff resides or has its principal place of business.

(b) Authorizes an order, however characterized, of a trial court granting or denying a temporary or otherwise interlocutory injunction or a permanent injunction on the grounds of the constitutionality or unconstitutionality, or other validity or invalidity, under the state or federal constitution of all or any part of Subchapter J, Chapter 29, Education Code, as added by this article, to be reviewed only by direct appeal to the Supreme Court of Texas (supreme court) filed not later than the 15th day after the date on which the order was entered. Requires the supreme court to give precedence to appeals under this section over other matters.

(d) Provides that this section exercises the authority granted by Section 3-b (Direct Appeal from Order Granting or Denying Injunction), Article V (Judicial Department), Texas Constitution.

(e) Provides that the filing of a direct appeal under this section will automatically stay any temporary or otherwise interlocutory injunction or permanent injunction granted in accordance with this section pending final determination by the supreme court, unless the supreme court makes specific findings that the applicant seeking such injunctive relief has pleaded and proved that:

(1) the applicant has a probable right to the relief it seeks on final hearing;

(2) the applicant will suffer a probable injury that is imminent and irreparable, and that the applicant has no other adequate legal remedy; and

(3) maintaining the injunction is in the public interest.

(f) Provides that an appeal under this section, including an interlocutory, accelerated, or direct appeal, is governed, as applicable, by the Texas Rules of Appellate Procedure, including Rules 25.1(d)(6), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b), 40.1(b), and 49.4.

(g) Provides that this section does not authorize an award of attorney's fees against this state, and Section 37.009 (Costs), Civil Practice and Remedies Code, does not apply to an action filed under this section.

(h) Provides that this section does not authorize a taxpayer suit to contest the denial of a tax credit by the comptroller.

SECTION 2.008. Severability Clause.

ARTICLE 3. EFFECTIVE DATE

SECTION 3.001. (a) Effective date, except as provided by Subsection (b) of this section: upon passage or September 1, 2023.

(b) Effective date, Article 2 of this Act: September 1, 2023.

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