| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to a program to serve special education students' needs. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 48, Education Code, is amended by adding |
|
|
Subchapter J to read as follows: |
|
|
SUBCHAPTER J. SPECIAL EDUCATION GRANT PROGRAM |
|
|
Sec. 48.600. SPECIAL EDUCATION CHOICE. Notwithstanding any |
|
|
other provision of this code, as provided by this subchapter an |
|
|
eligible student may attend a public school in the district in which |
|
|
the student resides or may use a special education grant to attend |
|
|
another district, or accredited private school chosen by the |
|
|
student's parent. |
|
|
Sec. 48.601. ELIGIBILITY. |
|
|
A student is eligible to receive a special education grant to |
|
|
attend another school if the student's parents determine that the |
|
|
student's special education needs are not being met at the school to |
|
|
which the child is assigned. |
|
|
Sec. 48.602. FINANCING. (a) A student who under this |
|
|
subchapter uses a special education grant to attend a public school |
|
|
in a school district other than the district in which the student |
|
|
resides is included in the average daily attendance of the district |
|
|
in which the student attends school. |
|
|
(b) A school district is entitled to the allotment provided |
|
|
by Section 48.107 for each eligible student using a special |
|
|
education grant. If the district has a local revenue level greater |
|
|
than the guaranteed local revenue level but less than the level |
|
|
established under Section 48.257, a school district is entitled |
|
|
under rules adopted by the commissioner to additional state aid in |
|
|
an amount equal to the difference between the cost to the district |
|
|
of providing services to a student using a public education grant |
|
|
and the sum of the state aid received because of the allotment under |
|
|
Section 48.107 and money from the available school fund |
|
|
attributable to the student. |
|
|
(c) A school district is entitled to additional facilities |
|
|
assistance under Section 48.301 if the district agrees to: |
|
|
(1) accept a number of students using special |
|
|
education grants that is at least one percent of the district's |
|
|
average daily attendance for the preceding school year; and |
|
|
(2) provide services to each student until the student |
|
|
either voluntarily decides to attend a different school or |
|
|
graduates from high school. |
|
|
(d) If a parent selects a private school, then funding shall |
|
|
be calculated as the lesser of the following; |
|
|
(1) The amount of funding as calculated under 29.203, |
|
|
or; |
|
|
(2) the actual amount of tuition charged by the |
|
|
school. |
|
|
(e) A school district chosen by a student's parent under |
|
|
Section 29.201 is entitled to accept or reject the application for |
|
|
the student to attend school in that district. |
|
|
(f) A school district chosen by a student's parent under |
|
|
Section 29.201 may not charge the student tuition. |
|
|
Sec. 48.603. ACCREDITED PRIVATE SCHOOLS (a) The |
|
|
commissioner shall adopt rules to implement the program including |
|
|
the calculation of funding for private school participation. Rules |
|
|
shall be designed to prohibit fraud and abuse. The rules may not in |
|
|
any form effect or attempt to control the programs, curricula, or |
|
|
other operations of private schools. |
|
|
(a) The comptroller shall establish the special education |
|
|
account in the state treasury. |
|
|
(b) No federal funds or Available School Funds shall be used |
|
|
to fund programs under this subsection. |
|
|
Sec. 48.604. SPECIAL EDUCATION ACCOUNT. (a) The special |
|
|
education account is established in the foundation school fund and |
|
|
is administered by the comptroller. |
|
|
(b) The account consists of: |
|
|
(1) money transferred to the credit of the account |
|
|
under Section 48.304, Education Code; and |
|
|
(2) other amounts appropriated to the account by the |
|
|
legislature. |
|
|
(c) Money in the account may be used only to award grants for |
|
|
the payment of tuition for enrollment of eligible students at |
|
|
qualifying schools in the manner prescribed by Section 48.602 and |
|
|
rules adopted by the comptroller. |
|
|
(d) Interest and income from the assets of the account shall |
|
|
be credited to and deposited in the account. |
|
|
SECTION 2. Subchapter G, Chapter 48, Education Code, is |
|
|
amended by adding Section 48.304 to read as follows: |
|
|
Sec. 48.304. SPECIAL EDUCATION GRANT. (a) A person to whom |
|
|
the commissioner awards a grant under Subchapter J, Chapter 48.601, |
|
|
Education Code, is entitled to receive an amount equal to the amount |
|
|
of the grant as provided by that subchapter. |
|
|
(b) The agency shall transfer to the credit of the special |
|
|
education account established under Section 48.604, Education |
|
|
Code, the amount appropriated to the agency for purposes of this |
|
|
section for use by the comptroller in awarding grants as provided by |
|
|
Subchapter J, Chapter 48.601, Education Code. |
|
|
SECTION 3. The comptroller in cooperation with the |
|
|
commissioner shall adopt rules to prohibit fraud and abuse and for |
|
|
implementation of this program. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |