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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility requirements for private schools to |
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participate in the education savings account program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.358(b), Education Code, is amended to |
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read as follows: |
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(b) The comptroller shall approve an education service |
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provider or vendor of educational products for participation in the |
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program if the provider or vendor: |
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(1) has previously been approved by the agency to |
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provide supplemental special education services under Subchapter |
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A-1 and remains in good standing with the agency; |
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(2) for a private school, demonstrates: |
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(A) accreditation by an organization recognized |
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by: |
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(i) the Texas Private School Accreditation |
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Commission; or |
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(ii) the agency; |
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(B) annual administration for students in grades |
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3 through 12 of a nationally norm-referenced assessment instrument |
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or the appropriate assessment instrument required under Subchapter |
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B, Chapter 39; [and] |
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(C) the school has continuously operated a campus |
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for at least two school years preceding the date the school seeks |
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approval under this section; and |
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(D) compliance with federal laws regarding the |
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provision of educational services to a child with a disability, |
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including: |
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(i) the Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1400 et seq.); |
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(ii) Title II of the Americans with |
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Disabilities Act (42 U.S.C. Section 12131 et seq.); and |
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(iii) Section 504, Rehabilitation Act of |
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1973 (29 U.S.C. Section 794); |
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(3) for a school district or open-enrollment charter |
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school, demonstrates: |
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(A) accreditation by the agency; and |
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(B) the ability to provide services or products |
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to participating children in a manner in which the children are not |
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counted toward the district's or school's average daily attendance; |
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(4) for a private tutor, therapist, or teaching |
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service, demonstrates that: |
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(A) the tutor or therapist or each employee of |
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the teaching service who intends to provide educational services to |
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a participating child: |
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(i) is an educator employed by or a retired |
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educator formerly employed by a school accredited by the agency, an |
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organization recognized by the agency, or an organization |
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recognized by the Texas Private School Accreditation Commission; |
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(ii) holds a relevant license or |
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accreditation issued by a state, regional, or national |
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certification or accreditation organization; or |
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(iii) is employed in or retired from a |
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teaching or tutoring capacity at a higher education provider; |
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(B) the tutor or therapist or each employee of |
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the teaching service who intends to provide educational services to |
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a participating child provides to the comptroller a national |
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criminal history record information review completed for the tutor, |
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therapist, or employee, as applicable, within a period established |
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by comptroller rule or authorizes the comptroller or the |
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comptroller's designee to conduct a national criminal history |
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record information review of the tutor, therapist, or employee as |
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prescribed by comptroller rule; and |
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(C) the tutor or therapist or each employee of |
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the teaching service who intends to provide educational services to |
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a participating child is not: |
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(i) required to be discharged or refused to |
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be hired by a school district under Section 22A.157 [22.085]; or |
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(ii) included in the registry under Section |
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22A.151 [22.092]; |
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(5) for a higher education provider, demonstrates |
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nationally recognized postsecondary accreditation; or |
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(6) notwithstanding Subdivision (2), for a private |
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provider serving children in prekindergarten or kindergarten, |
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demonstrates that the provider meets the requirements to be an |
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eligible private provider under Section 29.171. |
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SECTION 2. This Act applies beginning with the 2027-2028 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2027. |