By: Creighton, et al.  S.B. No. 8
         (In the Senate - Filed March 10, 2023; March 13, 2023, read
  first time and referred to Committee on Education; March 30, 2023,
  reported adversely, with favorable Committee Substitute by the
  following vote:  Yeas 10, Nays 2; March 30, 2023, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 8 By:  Bettencourt
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to public education, including parental rights and public
  school responsibilities regarding instructional materials and the
  establishment of an education savings account program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PARENTAL RIGHTS AND CURRICULUM
         SECTION 1.001.  Chapter 1, Education Code, is amended by
  adding Section 1.009 to read as follows:
         Sec. 1.009.  INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.
  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, Family Code,
  may not be 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 care to a child; and
               (2)  narrowly tailored using the least restrictive
  means to achieve that compelling state interest.
         SECTION 1.002.  Section 11.161, Education Code, is amended
  to read as follows:
         Sec. 11.161.  FRIVOLOUS SUIT OR PROCEEDING.  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, the court
  or another person authorized to make decisions regarding the
  proceeding may award costs and reasonable attorney's fees if:
               (1)  the court or other authorized person finds that
  the suit or proceeding is frivolous, unreasonable, and without
  foundation; and
               (2)  the suit or proceeding is dismissed or judgment is
  for the defendant.
         SECTION 1.003.  Section 25.035, Education Code, is amended
  to read as follows:
         Sec. 25.035.  TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)
  The boards of trustees of two or more [adjoining] school districts
  or the boards of county school trustees of two or more [adjoining]
  counties may, [by agreement and] in accordance with Sections
  25.032, 25.033, and 25.034, arrange for the transfer and assignment
  of any student from the jurisdiction of one board to that of
  another. [In the case of the transfer and assignment of a student
  under this section, the participating governing boards shall also
  agree to the transfer of school funds or other payments
  proportionate to the transfer of attendance.]
         (b)  A school district may 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 after the district
  has filled available positions in accordance with Subsection (c);
               (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.
         (b-1)  For the purpose of determining whether a school in a
  school district is at full student capacity under Subsection
  (b)(1), the district may not consider equity as a factor in the
  district's decision-making process.
         (c)  A school district that has more applicants for transfer
  under this section than available positions must fill the available
  positions by lottery and must give priority to applicants in the
  following order:
               (1)  students who:
                     (A)  do not reside in the district but were
  enrolled in the district in the preceding school year; or
                     (B)  are dependents of an employee of the
  receiving district; and
               (2)  students:
                     (A)  receiving special education services under
  Subchapter A, Chapter 29;
                     (B)  who are dependents of military personnel;
                     (C)  who are dependents of law enforcement
  personnel;
                     (D)  in foster care;
                     (E)  who are the subject of court-ordered
  modification of an order establishing conservatorship or
  possession and access; or
                     (F)  who are siblings of a student who is enrolled
  in the receiving district at the time the student seeks to transfer.
         (d)  A student who transfers to another school district under
  this section may not be charged tuition. 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)  A receiving school district may, but is not required to,
  provide transportation to a student who transfers to the receiving
  district under this section.
         (f)  A receiving school district may 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);
                     (B)  a condition specified in the student code of
  conduct under Section 37.001(a)(2);
                     (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; or
                     (D)  conduct for which a student is required or
  permitted to be expelled from school under Section 37.007; or
               (2)  fails to maintain a specified school attendance
  rate.
         SECTION 1.004.  Section 26.001, Education Code, is amended
  by amending Subsections (a), (c), (d), and (e) and adding
  Subsections (a-1) and (c-1) to read as follows:
         (a)  As provided under Section 151.001, Family Code, a parent
  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)  Parents are partners with educators, administrators,
  and school district boards of trustees in their children's
  education.  Parents shall be encouraged to actively participate in
  creating and implementing educational programs for their children.
         (c)  Unless otherwise provided by law, a board of trustees,
  administrator, educator, or other person shall comply with Section
  1.009 and may not limit parental rights or withhold information
  from a parent regarding the parent's child.
         (c-1)  A school district may not be considered to have
  withheld information from a parent regarding the parent's child if
  the district's actions are in accordance with other law, including
  the Family Education Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g).
         (d)  Each board of trustees shall:
               (1)  provide for procedures to consider complaints that
  a parent's right has been denied; [.]
               (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)  [(e)  Each board of trustees shall] cooperate in
  the establishment of ongoing operations of at least one
  parent-teacher organization at each school in the district to
  promote parental involvement in school activities; and
               (4)  provide to a parent of a child on the child's
  enrollment in the district for the first time and to the parent of
  each child enrolled in the district at the beginning of each school
  year 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;
                     (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;
                     (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.
         (e)  The agency shall develop a form for use by school
  districts in providing information about parental rights and
  options under Subsection (d)(4).  Each school district shall post
  the form in a prominent location on the district's Internet
  website.
         SECTION 1.005.  Chapter 26, Education Code, is amended by
  adding Sections 26.0026, 26.0061, and 26.0083 to read as follows:
         Sec. 26.0026.  RIGHT TO SELECT EDUCATIONAL SETTING.  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)  The board of trustees of each school district shall
  establish a process by which a parent of a student, as indicated on
  the student registration form at the student's campus, may request
  an instructional material review under Section 31.0236 for a
  subject area in the grade level in which the student is enrolled.
         (b)  A process established under Subsection (a):
               (1)  may not require more than one parent of a student
  to make the request;
               (2)  must 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)  may permit the requesting parent to review the
  instructional material directly before the district conducts an
  instructional material review under Section 31.0236.
         (c)  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, the
  board shall conduct the review, unless, by a majority vote, the
  board denies the request.
         (d)  Notwithstanding Subsection (c), if the parents of at
  least 50 percent of the students enrolled at a school district
  campus present to the board of trustees of the district a petition
  to conduct an instructional material review under Section 31.0236,
  the board shall conduct the review.
         (e)  A review conducted under Subsection (c) or (d) shall
  include a review of instructional materials for each subject area
  or grade level specified in the petition.
         (f)  The commissioner may adopt rules to implement this
  section.
         Sec. 26.0083.  RIGHT TO INFORMATION REGARDING MENTAL,
  EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES.  (a)
  The agency shall adopt a procedure for school districts to notify
  the parent of a student enrolled in the district regarding any
  change in services provided to or monitoring of the student related
  to the student's mental, emotional, or physical health or
  well-being.
         (b)  A procedure adopted under Subsection (a) must 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).
         (c)  A school district may not adopt a procedure that:
               (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)  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,
  Family Code.
         (e)  A school district employee may not discourage or
  prohibit parental knowledge of or involvement in critical decisions
  affecting a student's mental, emotional, or physical health or
  well-being.
         (f)  Any student support services training developed or
  provided by a school district to district employees must comply
  with any student services guidelines, standards, and frameworks
  established by the State Board of Education and the agency.
         (g)  Before the first instructional day of each school year,
  a school district shall provide to the parent of each student
  enrolled in the district written notice of each health-related
  service offered at the district campus the student attends.  The
  notice must include a statement of the parent's right to withhold
  consent for or decline a health-related service.  A parent's
  consent to a health-related service does not waive a requirement of
  Subsection (a), (c), or (e).
         (h)  Before administering a student well-being questionnaire
  or health screening form to a student enrolled in prekindergarten
  through 12th grade, a school district must provide a copy of the
  questionnaire or form to the student's parent and obtain the
  parent's consent to administer the questionnaire or form.
         (i)  This section may not be construed to:
               (1)  limit or alter the requirements of Section 38.004
  of this code or Chapter 261, Family Code; or
               (2)  limit a school district employee's ability to
  inquire about a student's daily well-being without parental
  consent.
         (j)  Not later than June 30, 2024, the agency, the State
  Board of Education, and the State Board for Educator Certification,
  as appropriate, shall review and revise as necessary the following
  to ensure compliance with this section:
               (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)  Subsection (j) and this subsection expire September 1,
  2025.
         SECTION 1.006.  Section 26.004(b), Education Code, is
  amended to read as follows:
         (b)  A parent is entitled to access to all written records of
  a school district concerning the parent's child, including:
               (1)  attendance records;
               (2)  test scores;
               (3)  grades;
               (4)  disciplinary records;
               (5)  counseling records;
               (6)  psychological records;
               (7)  applications for admission;
               (8)  medical records in accordance with Section
  38.0095, including health and immunization information;
               (9)  teacher and school counselor evaluations;
               (10)  reports of behavioral patterns; and
               (11)  records relating to assistance provided for
  learning difficulties, including information collected regarding
  any intervention strategies used with the child.
         SECTION 1.007.  Section 26.008, Education Code, is amended
  to read as follows:
         Sec. 26.008.  RIGHT TO FULL INFORMATION CONCERNING STUDENT.  
  (a)  Except as provided by Section 38.004, a [A] parent is entitled
  to:
               (1)  full information regarding the school activities
  of a parent's child; and
               (2)  notification not later than one school business
  day after the date a school district employee first suspects that a
  criminal offense has been committed against the parent's child 
  [except as provided by Section 38.004].
         (b)  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, 21.156, or 21.211, as
  applicable, or by the State Board for Educator Certification, if
  applicable.
         SECTION 1.008.  Section 26.009, Education Code, is amended
  by amending Subsection (a) and adding Subsections (a-1), (a-2),
  (a-3), (c), and (d) to read as follows:
         (a)  An employee of a school district must obtain the written
  consent of a child's parent in the manner required by Subsection
  (a-2) before the employee may:
               (1)  conduct a psychological examination, test, or
  treatment, unless the examination, test, or treatment is required
  under Section 38.004 or state or federal law regarding requirements
  for special education; [or]
               (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:
                     (A)  disclose a child's health or medical
  information to any person other than the child's parent; or
                     (B)  collect, use, store, or disclose to any
  person other than the child's parent a child's biometric
  identifiers; or
               (4)  subject to Subsection (a-3), provide health care
  services or medication or conduct a medical procedure.
         (a-1)  For purposes of Subsection (a), "biometric
  identifier" means a blood sample, hair sample, skin sample, DNA
  sample, body scan, retina or iris scan, fingerprint, voiceprint, or
  record of hand or face geometry.
         (a-2)  Written consent for a parent's child to participate in
  a district activity described by Subsection (a) must be signed by
  the parent and returned to the district. A child may not
  participate in the activity unless the district receives the
  parent's signed written consent to that activity.
         (a-3)  For the purpose of obtaining written consent for
  actions described by Subsection (a)(4) that are determined by a
  school district to be routine care provided by a person who is
  authorized by the district to provide physical or mental
  health-related services, the district may obtain consent at the
  beginning of the school year or at the time of the child's
  enrollment in the district.  Unless otherwise provided by a child's
  parent, written consent obtained in accordance with this subsection
  is effective until the end of the school year in which the consent
  was obtained.
         (c)  Before the first instructional day of each school year,
  a school district shall provide to the parent of each student
  enrolled in the district written notice of any actions the district
  may take involving the authorized collection, use, or storage of
  information as described by Subsection (a)(3). The notice must:
               (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)  A school district shall 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 1.009.  Section 26.011, Education Code, is amended
  to read as follows:
         Sec. 26.011.  LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].
  (a)  The board of trustees of each school district shall adopt a
  grievance procedure under which the board shall:
               (1)  address each grievance [complaint] that the board
  receives concerning a violation of a right guaranteed by Section
  1.009 or this chapter:
                     (A)  if the grievance is filed not later than six
  school weeks after the date on which the parent received notice of
  an incident giving rise to the grievance; or
                     (B)  regardless of whether the grievance was filed
  during the period prescribed by Paragraph (A) if the grievance was
  informally brought to the attention of school district personnel
  during that period;
               (2)  allow a parent at any time before a final decision
  by the board to provide additional evidence regarding the parent's
  grievance; and
               (3)  allow a parent to file more than one grievance at
  the same time.
         (b)  The board of trustees of a school district is not
  required by Subsection (a) or Section 11.1511(b)(13) to address a
  grievance [complaint] that the board receives concerning a
  student's participation in an extracurricular activity that does
  not involve a violation of a right guaranteed by this chapter.  This
  subsection does not affect a claim brought by a parent under the
  Individuals with Disabilities Education Act (20 U.S.C. Section 1400
  et seq.) or a successor federal statute addressing special
  education services for a child with a disability.
         (c)  The board of trustees of a school district shall ensure
  a grievance procedure adopted under Subsection (a):
               (1)  authorizes a parent to file a grievance with the
  principal of the district campus the parent's child attends or the
  person designated by the district to receive grievances for that
  campus;
               (2)  requires that a principal or the person designated
  by the district to receive grievances for a campus:
                     (A)  acknowledge receipt of a grievance under
  Subdivision (1) not later than two school business days after
  receipt of the grievance; and
                     (B)  not later than the 14th school business day
  after receipt of a grievance described by Subdivision (1), provide
  to the parent who submitted the grievance written documentation of
  the decision regarding the issue that gave rise to the grievance,
  including:
                           (i)  an explanation of the findings that
  contributed to the decision;
                           (ii)  notification regarding the parent's
  right to appeal the decision; and 
                           (iii)  the timeline for appealing the
  decision;
               (3)  requires that, if a parent appeals a decision
  under Subdivision (2) not later than the 14th school business day
  after receiving notice of the decision, the superintendent or the
  superintendent's designee provide to the parent not later than the
  14th school business day after receipt of the appeal written
  documentation of the decision regarding the issue that gave rise to
  the grievance, including:
                     (A)  an explanation of the findings that
  contributed to the decision;
                     (B)  notification regarding the parent's right to
  appeal the decision; and
                     (C)  the timeline for appealing the decision;
               (4)  requires that, if a parent appeals a decision
  under Subdivision (3) not later than the 14th school business day
  after receiving notice of the decision, the board hear the
  grievance in a closed session at the board's next regular meeting
  that occurs on or after the 14th school business day after the date
  the board receives notice of the appeal; and
               (5)  requires that, not later than the 10th school
  business day after the date of a board meeting described by
  Subdivision (4), the board provide to the parent written
  documentation of the board's decision regarding the issue that gave
  rise to the grievance, including notice that the parent may appeal
  to the commissioner in writing under Section 7.057, if applicable.
         (d)  The parties may mutually agree to adjust the timeline
  for the procedure under this section.
         (e)  Notwithstanding Subsection (d), if a grievance
  submitted under this section involves an employee who is on
  documented leave that is scheduled to begin or has begun before the
  grievance is submitted, the district may alter the timeline for the
  procedure under this section to make a reasonable accommodation for
  the employee's leave. The district must provide notice of the
  change to the parent who submitted the grievance.
         SECTION 1.010.  Chapter 26, Education Code, is amended by
  adding Sections 26.0111 and 26.0112 to read as follows:
         Sec. 26.0111.  GRIEVANCE HEARING BEFORE HEARING EXAMINER.
  (a) This section applies only to a grievance regarding a violation
  of:
               (1)  Section 28.0022, 28.004, or 28.0043 or Chapter 38
  or the implementation of those provisions by a school district; or
               (2)  Chapter 551, Government Code, involving school
  district personnel.
         (b)  If a parent has exhausted the parent's options under the
  local grievance procedure established by the board of trustees of a
  school district under Section 26.011 regarding a grievance to which
  this section applies, and the grievance is not resolved to a
  parent's satisfaction, the parent may file a written request with
  the commissioner for a hearing before a hearing examiner under this
  section not later than the 15th school business day after the date
  on which the board of trustees of the district resolved the parent's
  grievance under Section 26.011. The parent must provide the
  district with a copy of the request and must provide the
  commissioner with a copy of the district's resolution of the
  grievance. The parties may agree in writing to extend by not more
  than 10 school business days the deadline for requesting a hearing.
         (c)  The commissioner shall assign a hearing examiner to
  review the grievance in the manner provided by Section 21.254. The
  hearing examiner has the powers described by Sections 21.255 and
  21.256 and shall conduct the hearing in the manner provided by those
  sections as if the parent were a teacher.
         (d)  Not later than the 60th business day after the date on
  which the commissioner receives a parent's written request for a
  hearing, the hearing examiner shall complete the hearing and make a
  written recommendation to the State Board of Education that
  includes proposed findings of fact and conclusions of law.
         (e)  Sections 21.257(c), (d), and (e) apply to a hearing
  under this section in the same manner as a hearing conducted under
  Subchapter F, Chapter 21.
         (f)  Section 21.258 applies to the State Board of Education
  in the same manner as if the board were the board of trustees of the
  school district or board subcommittee.
         (g)  Chapter 2001, Government Code, does not apply to the
  State Board of Education's actions regarding the recommendation of
  the hearing examiner.
         (h)  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, shall be paid
  by the school district if the hearing examiner finds in favor of the
  parent.
         (i)  Notwithstanding Subsection (d), if a parent fails to
  appear at a hearing under this section, the hearing examiner is not
  required to complete the hearing and may not make a recommendation
  in favor of the parent.
         Sec. 26.0112.  TESTIMONY BEFORE STATE BOARD OF EDUCATION.
  If a hearing examiner reviews and finds against a school district
  under Section 26.0111 in at least five grievances to which that
  section applies involving the district during a school year, the
  superintendent of the school district must appear before the State
  Board of Education to testify regarding the hearing examiner's
  findings and the frequency of grievances against the district.
         SECTION 1.011.  Section 28.002, Education Code, is amended
  by adding Subsection (c-4) to read as follows:
         (c-4)  The State Board of Education may not adopt standards
  in violation of Section 28.0043.
         SECTION 1.012.  Subchapter A, Chapter 28, Education Code, is
  amended by adding Section 28.0043 to read as follows:
         Sec. 28.0043.  RESTRICTION ON INSTRUCTION REGARDING SEXUAL
  ORIENTATION AND GENDER IDENTITY. (a)  A school district,
  open-enrollment charter school, or district or charter school
  employee may not provide or allow a third party to provide
  instruction, guidance, activities, or programming regarding sexual
  orientation or gender identity to students enrolled in
  prekindergarten through 12th grade.
         (b)  This section may not be construed to limit:
               (1)  a student's ability to engage in speech or
  expressive conduct protected by the First Amendment to the United
  States Constitution or by Section 8, Article I, Texas Constitution,
  that does not result in material disruption to school activities;
  or
               (2)  the ability of a person who is authorized by the
  district to provide physical or mental health-related services to
  provide the services to a student, subject to any required parental
  consent.
         SECTION 1.013.  Subchapter B, Chapter 31, Education Code, is
  amended by adding Section 31.0236 to read as follows:
         Sec. 31.0236.  LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL
  MATERIAL.  (a)  The agency shall adopt rules developing a process by
  which a school district may 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)  A review conducted under this section may only be
  conducted using a rubric developed by the agency and approved by the
  State Board of Education.
         (c)  The agency, in developing a review process under
  Subsection (a):
               (1)  shall minimize, to the extent possible, the time a
  classroom teacher is required to spend complying with a review
  conducted under this section;
               (2)  may not require a teacher to spend more than 30
  minutes on a single review conducted under this section unless the
  teacher determines that spending more than 30 minutes on the review
  is necessary; and
               (3)  shall permit a regional education service center
  to conduct the review for a school district, if the center has
  completed the training offered by the agency under Subsection (d).
         (d)  The agency shall provide to regional education service
  centers training relating to appropriately conducting a review
  under this section.
         SECTION 1.014.  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, is reenacted and amended to
  read as follows:
         (b)  An open-enrollment charter school is subject to:
               (1)  a provision of this title establishing a criminal
  offense;
               (2)  the provisions in Chapter 554, Government Code;
  and
               (3)  a prohibition, restriction, or requirement, as
  applicable, imposed by this title or a rule adopted under this
  title, relating to:
                     (A)  the Public Education Information Management
  System (PEIMS) to the extent necessary to monitor compliance with
  this subchapter as determined by the commissioner;
                     (B)  criminal history records under Subchapter C,
  Chapter 22;
                     (C)  reading instruments and accelerated reading
  instruction programs under Section 28.006;
                     (D)  accelerated instruction under Section
  28.0211;
                     (E)  high school graduation requirements under
  Section 28.025;
                     (F)  special education programs under Subchapter
  A, Chapter 29;
                     (G)  bilingual education under Subchapter B,
  Chapter 29;
                     (H)  prekindergarten programs under Subchapter E
  or E-1, Chapter 29, except class size limits for prekindergarten
  classes imposed under Section 25.112, which do not apply;
                     (I)  extracurricular activities under Section
  33.081;
                     (J)  discipline management practices or behavior
  management techniques under Section 37.0021;
                     (K)  health and safety under Chapter 38;
                     (L)  the provisions of Subchapter A, Chapter 39;
                     (M)  public school accountability and special
  investigations under Subchapters A, B, C, D, F, G, and J, Chapter
  39, and Chapter 39A;
                     (N)  the requirement under Section 21.006 to
  report an educator's misconduct;
                     (O)  intensive programs of instruction under
  Section 28.0213;
                     (P)  the right of a school employee to report a
  crime, as provided by Section 37.148;
                     (Q)  bullying prevention policies and procedures
  under Section 37.0832;
                     (R)  the right of a school under Section 37.0052
  to place a student who has engaged in certain bullying behavior in a
  disciplinary alternative education program or to expel the student;
                     (S)  the right under Section 37.0151 to report to
  local law enforcement certain conduct constituting assault or
  harassment;
                     (T)  a parent's right to information regarding the
  provision of assistance for learning difficulties to the parent's
  child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);
                     (U)  establishment of residency under Section
  25.001;
                     (V)  school safety requirements under Sections
  37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,
  37.207, and 37.2071;
                     (W)  the early childhood literacy and mathematics
  proficiency plans under Section 11.185;
                     (X)  the college, career, and military readiness
  plans under Section 11.186; [and]
                     (Y) [(X)]  parental options to retain a student
  under Section 28.02124;
                     (Z)  parental access to instructional materials
  and curricula under Section 26.0061; and
                     (AA)  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.
  ARTICLE 2.  EDUCATION SAVINGS ACCOUNT PROGRAM
         SECTION 2.001.  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.  Chapter 29, Education Code, is amended by
  adding Subchapter J to read as follows:
  SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM
         Sec. 29.351.  DEFINITIONS. In this subchapter:
               (1)  "Account" means an education savings account
  established under the program.
               (2)  "Certified educational assistance organization"
  means an organization certified under Section 29.354 to support the
  administration of the program.
               (3)  "Child with a disability" means a child who is
  eligible to participate in a school district's special education
  program under Section 29.003.
               (4)  "Higher education provider" means an institution
  of higher education or a private or independent institution of
  higher education, as those terms are defined by Section 61.003.
               (5)  "Parent" means a resident of this state who is a
  natural or adoptive parent, managing or possessory conservator,
  legal guardian, custodian, or other person with legal authority to
  act on behalf of a child.
               (6)  "Program" means the program established under this
  subchapter.
               (7)  "Program participant" means a child and a parent
  of a child enrolled in the program.
         Sec. 29.352.  ESTABLISHMENT OF PROGRAM. The comptroller
  shall establish a program to provide funding for approved
  education-related expenses of children participating in the
  program.
         Sec. 29.353.  PROGRAM FUND. (a) The program fund is an
  account in the general revenue fund to be administered by the
  comptroller.
         (b)  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.
         (c)  Money in the fund may be appropriated only for the uses
  specified by this subchapter.
         Sec. 29.354.  SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE
  ORGANIZATIONS. (a) An organization may apply to the comptroller
  for certification as a certified educational assistance
  organization during an application period established by the
  comptroller.
         (b)  To be eligible for certification, an organization must:
               (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)  verify that program funding is used only for
  approved education-related expenses.
         (c)  The comptroller may certify not more than five
  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) 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;
  or
                     (B)  enroll in a public school's prekindergarten
  program under Section 29.153; and
               (2)  either:
                     (A)  attended any public school for at least 90
  percent of the current school year; or
                     (B)  is enrolling in prekindergarten or
  kindergarten for the first time, including a child who was
  homeschooled before enrollment.
         (b)  A child who establishes eligibility under this section
  may 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) A parent of an
  eligible child may apply to a certified educational assistance
  organization to enroll the child in the program for the following
  school year. The comptroller shall establish monthly deadlines by
  which an applicant must complete and submit an application form to
  participate in the program.
         (b)  On receipt of more acceptable applications for
  admission under this section than available positions in the
  program due to insufficient funding, a certified educational
  assistance organization shall:
               (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 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)  A certified educational assistance organization shall
  create an application form for the program and make the application
  form readily available through various sources, including the
  organization's Internet website. The application form must state
  the monthly application deadlines established by the comptroller
  under Subsection (a). Each organization shall ensure that the
  application form, including any required supporting document, is
  capable of being submitted to the organization electronically.
         (d)  A certified educational assistance organization shall
  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)  A certified educational assistance organization shall
  annually provide to each program participant the information
  described by Subsection (d). The organization may provide the
  information electronically.
         (f)  A certified educational assistance organization:
               (1)  may 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)  may not require a program participant in good
  standing to annually resubmit an application for continued
  participation in the program.
         Sec. 29.357.  PARTICIPATION IN PROGRAM. To receive funding
  under the program, a parent of an eligible child must 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; and
               (4)  notify the program participant's certified
  educational assistance organization not later than 30 business 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
                     (C)  is no longer eligible to either:
                           (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) The comptroller
  shall by rule establish a process for the preapproval of education
  service providers and vendors of educational products for
  participation in the program. The comptroller shall allow for the
  submission of applications on a rolling basis.
         (b)  The comptroller shall 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)  the agency; and
                     (B)  annual administration of a nationally
  norm-referenced assessment instrument or the appropriate
  assessment instrument required under Subchapter B, Chapter 39;
               (2)  for a public school, demonstrates:
                     (A)  accreditation by the agency; 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 the agency, an
  organization recognized by the agency, 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; or
               (4)  for a higher education provider, demonstrates
  nationally recognized postsecondary accreditation.
         (c)  The comptroller shall 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. The tutor,
  therapist, or service must provide the comptroller with any
  information requested by the comptroller to enable the comptroller
  to complete the review.
         (d)  An education service provider or vendor of educational
  products shall provide information requested by the comptroller to
  verify the provider's or vendor's eligibility for preapproval under
  Subsection (b). The comptroller may not approve a provider or
  vendor if the comptroller cannot verify the provider's or vendor's
  eligibility for preapproval.
         (e)  An education service provider or vendor of educational
  products that no longer satisfies the requirements of this section
  must notify the comptroller not later than the 30th business day
  after the date that the provider or vendor no longer meets the
  requirements.
         (f)  This section may not be construed to allow a learning
  pod, as defined by Section 27.001, 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)
  Subject to Subsection (b), money received under the program may 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;
               (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, including
  purchases made through a third-party vendor of educational
  products;
               (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)  Money received under the program may not be 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, Government Code.
         (c)  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) The comptroller
  shall disburse from the program fund to each certified educational
  assistance organization the amount specified under Section
  29.361(a) for each program participant.
         (b)  To initiate payment to an education service provider or
  vendor of educational products for an expense approved under
  Section 29.359, the program participant must submit a request to
  the participant's certified educational assistance organization.
         (c)  Subject to Subsection (d) and Sections 29.362(g) and
  29.364, on receiving a request under Subsection (b), a certified
  educational assistance organization shall 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.
         (d)  A disbursement under this section may not exceed the
  program participant's account balance.
         (e)  A certified educational assistance organization shall
  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) Regardless
  of the monthly deadline by which the parent applies for enrollment
  in the program under Section 29.356(a), a parent of an eligible
  child shall receive each year that the child participates in the
  program payments from the state from funds available under Section
  29.353 to the child's account equal to a total amount of $8,000.
         (b)  This subsection applies only to a school district with a
  student enrollment of less than 20,000. For the first two school
  years during which a child residing in the district participates in
  the program, a school district to which this subsection applies is
  entitled to receive $10,000.
         (c)  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)  The parent of a child participating in the program may
  make payments for the expenses of educational programs, services,
  and products not covered by money in the child's account.
         (e)  A payment under Subsection (a) may not be financed using
  federal money or money from the available school fund or
  instructional materials fund.
         (f)  Payments received under this subchapter do not
  constitute taxable income to the eligible child's parent, unless
  otherwise provided by federal law.
         (g)  Not later than May 1 of each year, the agency shall
  submit to the comptroller the data necessary to calculate the
  amount specified under Subsection (a).
         Sec. 29.362.  ADMINISTRATION OF ACCOUNTS. (a) The
  comptroller shall 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)  Each year, the comptroller may deduct from the total
  amount of money appropriated for purposes of this subchapter an
  amount, not to exceed three percent of that total amount, to cover
  the comptroller's cost of administering the program.
         (c)  Each quarter, the comptroller shall disburse to each
  certified educational assistance organization an amount from the
  total amount of money appropriated for purposes of this subchapter
  to cover the organization's cost of administering the program.  The
  total amount disbursed to a certified educational assistance
  organization under this subsection for a fiscal year may not exceed
  five percent of the amount appropriated for purposes of this
  subchapter for that fiscal year.
         (d)  The comptroller shall 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)  On or before the first day of September and March, a
  certified educational assistance organization shall:
               (1)  verify with the agency 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)  The comptroller by rule shall establish a process by
  which a program participant may 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)  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, the child's
  account is closed and any remaining money is returned to the state
  for deposit in the program fund.
         Sec. 29.363.  RANDOM AUDITING. (a) Each biennium, each
  certified educational assistance organization shall contract with
  a private entity to randomly audit accounts and student eligibility
  data to ensure compliance with applicable law and program
  requirements.
         (b)  In conducting an audit, the private entity may 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)  The private entity shall 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.  The comptroller shall 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) The comptroller
  shall 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)  On suspension of an account under Subsection (a), the
  comptroller shall notify the program participant in writing that
  the account has been suspended and that no additional payments may
  be made from the account. The notification must 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.
         (c)  On the expiration of the 30-day period under Subsection
  (b), the comptroller shall:
               (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)  The comptroller may 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) An
  education service provider or vendor of educational products may
  not charge 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)  An education service provider or vendor of educational
  products receiving money distributed under the program may not in
  any manner rebate, refund, or credit to or share 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. If the
  comptroller or a certified educational assistance organization
  obtains evidence of fraudulent use of an account, the comptroller
  or organization shall notify the appropriate local county or
  district attorney with jurisdiction over the residence of the
  program participant.
         Sec. 29.367.  SPECIAL EDUCATION NOTICE. (a) A certified
  educational assistance organization shall 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)  A private school in which a child with a disability who
  is a program participant enrolls shall 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) 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)  A rule adopted or action taken related to the program by
  an individual, governmental entity, court of law, or program
  administrator may not:
               (1)  consider 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)  limit:
                     (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)  obligate an education service provider or program
  participant to act contrary to the provider's or participant's
  religious or institutional values, as applicable;
               (4)  impose 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)  require 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)  In a proceeding challenging a rule adopted by a state
  agency or officer under this subchapter, the agency or officer 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) On
  request by the parent of a child participating or seeking to
  participate in the program, the school district or open-enrollment
  charter school that the child would otherwise attend shall 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)  As necessary to verify a child's eligibility for the
  program, the agency, a school district, or an open-enrollment
  charter school shall provide to a certified educational assistance
  organization any information available to the agency, 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. The organization may not
  retain 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. The comptroller
  and a certified educational assistance organization may 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)  The comptroller shall
  require that each certified educational assistance organization
  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 an organization, 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,
  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)  In producing the report, each certified educational
  assistance organization shall:
               (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)  The report must cover a period of not less than five
  years and include, subject to Subsection (b)(2), the data analyzed
  and methodology used.
         (d)  The comptroller and each certified educational
  assistance organization shall post the report on the comptroller's
  and organization's respective Internet websites.
         Sec. 29.372.  RULES; PROCEDURES. The comptroller shall
  adopt rules and procedures as necessary to implement, administer,
  and enforce this subchapter.
         Sec. 29.373.  APPEAL; JUDICIAL REVIEW. (a) A program
  participant may 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)  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 may 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) A
  program participant, education service provider, or vendor of
  educational products may intervene in any civil action challenging
  the constitutionality of the program.
         (b)  A court in which a civil action described by Subsection
  (a) is filed may require that all program participants, education
  service providers, and vendors of educational products wishing to
  intervene in the action file a joint brief. A program participant,
  education service provider, or vendor of educational products may
  not be required to join a brief filed on behalf of the state or a
  state agency.
         SECTION 2.003.  Section 22.092(d), Education Code, is
  amended to read as follows:
         (d)  The agency shall provide equivalent access to the
  registry maintained under this section to:
               (1)  private schools;
               (2)  public schools; [and]
               (3)  nonprofit teacher organizations approved by the
  commissioner for the purpose of participating in the tutoring
  program established under Section 33.913; 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.  Section 411.109, Government Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The comptroller is entitled to obtain criminal history
  record information maintained by the department 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.  Subchapter J, Chapter 29, Education Code, as
  added by this article, applies beginning with the 2024-2025 school
  year.
         SECTION 2.006.  (a)  Not later than November 15, 2023, the
  comptroller of public accounts shall adopt rules as provided by
  Section 29.372, Education Code, as added by this article.
         (b)  The comptroller of public accounts may identify rules
  required by the passage of Subchapter J, Chapter 29, Education
  Code, as added by this article, that must be adopted on an emergency
  basis for purposes of the 2024-2025 school year and may use the
  procedures established under Section 2001.034, Government Code,
  for adopting those rules.  The comptroller of public accounts is not
  required to make the finding described by Section 2001.034(a),
  Government Code, to adopt emergency rules under this subsection.
         SECTION 2.007.  (a) 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, may be determined in an action for declaratory judgment
  under Chapter 37, 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)  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, may be reviewed only by direct appeal to the Texas Supreme
  Court filed not later than the 15th business day after the date on
  which the order was entered. The Texas Supreme Court shall give
  precedence to appeals under this section over other matters.
         (c)  The direct appeal is an accelerated appeal.
         (d)  This section exercises the authority granted by Section
  3-b, Article V, Texas Constitution.
         (e)  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 Texas 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)  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)  This section does not authorize an award of attorney's
  fees against this state, and Section 37.009, Civil Practice and
  Remedies Code, does not apply to an action filed under this section.
         (h)  This section does not authorize a taxpayer suit to
  contest the denial of a tax credit by the comptroller of public
  accounts.
         SECTION 2.008.  It is the intent of the legislature that
  every provision, section, subsection, sentence, clause, phrase, or
  word in this article, and every application of the provisions in
  this article to each person or entity, is severable from each other.
  If any application of any provision in this article to any person,
  group of persons, or circumstances is found by a court to be invalid
  for any reason, the remaining applications of that provision to all
  other persons and circumstances shall be severed and may not be
  affected.
  ARTICLE 3. TRANSITION; EFFECTIVE DATE
         SECTION 3.001.  To the extent of any conflict, this Act
  prevails over another Act of the 88th Legislature, Regular Session,
  2023, relating to nonsubstantive additions to and corrections in
  enacted codes.
         SECTION 3.002.  (a) Except as provided by Subsection (b) of
  this section, this Act takes effect immediately if it receives a
  vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.
         (b)  Article 2 of this Act takes effect September 1, 2023.
 
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