HB984 - Relating to the establishment of an empowerment scholarship account program.

      By: Toth H.B. No. 984       A BILL TO BE ENTITLED   AN ACT   relating to the establishment of an empowerment scholarship account   program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 29, Education Code, is amended by adding   Subchapter J to read as follows:   SUBCHAPTER J. EMPOWERMENT SCHOLARSHIP ACCOUNT PROGRAM           Sec. 29.351.  DEFINITIONS. In this subchapter:                 (1)     "Account" means an empowerment scholarship   account established under the program.                 (2)  "Child with a disability" means a child who is:                       (A)     eligible to participate in a school   district's special education program under Section 29.003; or                       (B)     covered by Section 504, Rehabilitation Act of   1973 (29 U.S.C. Section 794).                 (3)     "Curriculum" means a complete course of study for   a particular content area or grade level.                 (4)     "Financial institution" means a bank, credit   union, savings bank, or savings and loan association organized   under the laws of this state, the laws of another state, or federal   law that has its main office or a branch office in this state. The   term does not include any institution the deposits of which are not   insured by the Federal Deposit Insurance Corporation or the   National Credit Union Administration.                 (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)  "Postsecondary educational institution" means:                       (A)     an institution of higher education or a   private or independent institution of higher education as defined   by Section 61.003; or                       (B)     a career school or college as defined by   Section 132.001.                 (7)     "Program" means the empowerment scholarship   account program established under this subchapter.                 (8)     "Program participant" means a child and a parent   of a child enrolled in the program.           Sec.   29.352.     PURPOSES.   The purposes of the empowerment   scholarship account program are to:                 (1)     improve public schools and overall academic   performance;                 (2)  promote efficiency;                 (3)     promote and preserve the liberties and rights of   the people; and                 (4)  increase parental options.           Sec.   29.353.     ESTABLISHMENT OF PROGRAM. (a)   The   comptroller shall establish and administer an empowerment   scholarship account program to provide funding for certain   education-related expenses of eligible children.           (b)     The comptroller, with cooperation from the agency,   shall ensure that information about the program is readily   available to the public through various sources, including the   agency's Internet website. The comptroller shall make information   about the program available to parents of children eligible to   participate in the program through the comptroller's Internet   website.           Sec.   29.354.     ELIGIBLE CHILD. (a) A child is eligible to   participate in the program if the child is eligible to attend a   public school under Section 25.001.           (b)     A child 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; or                 (4)     the date on which the child is declared ineligible   for the program by the comptroller under this subchapter.           (c)     Notwithstanding Subsection (b), the comptroller shall   establish guidelines for, in the least disruptive manner possible:                 (1)     a child participating in the program to cease   participation and enroll in a public school, including an   open-enrollment charter school; and                 (2)     a child who previously participated in the program   and subsequently enrolled in a public school, including an   open-enrollment charter school, to resume participation in the   program.           Sec.   29.355.     ENROLLMENT IN PROGRAM. (a) A parent of an   eligible child may enroll the child in the program for the following   school year.           (b)     The comptroller shall by rule create an enrollment form   for the program and make the enrollment form readily available to   interested parents through various sources, including the   comptroller's Internet website.           (c)     The comptroller shall provide to each parent who submits   an enrollment form a publication that describes the operation of   the program, including:                 (1)     expenses allowed under the program under Section   29.357;                 (2)  expense reporting requirements; and                 (3)     a description of the responsibilities of program   participants and the duties of the comptroller under this   subchapter.           Sec.   29.356.     PARTICIPATION IN PROGRAM. (a) To receive   funding under the program, a parent of an eligible child must agree   to:                 (1)     spend funds received through the program only for   expenses allowed under Section 29.357;                 (2)     notify the comptroller if the child enrolls in a   public school, including an open-enrollment charter school, not   later than the 30th day after the date of enrollment; and                 (3)     inform the comptroller if the child graduates from   high school.           (b)     The parent of a child participating in the program is   the trustee of the child's account.           (c)     The comptroller shall provide annually to each program   participant the publication provided under Section 29.355(c).           Sec.   29.357.     APPROVED EDUCATION-RELATED EXPENSES. (a)   Funds received under the program may be used only for the following   expenses incurred by a program participant:                 (1)  tuition and fees:                       (A)     at a private school accredited by an   organization that is recognized by the Texas Private School   Accreditation Commission;                       (B)     at a postsecondary educational institution;   or                       (C)  for an online educational course or program;                 (2)     the purchase of textbooks or other instructional   materials;                 (3)  the purchase of a curriculum;                 (4)     fees for classes or other educational services   provided by a public school, if the classes or services do not   qualify the child to be included in the school's average daily   attendance;                 (5)     fees for services provided by a private tutor or   teaching service;                 (6)     for a child with a disability, fees for   educational therapies or services provided by a practitioner or   provider;                 (7)     costs of computer hardware and software and other   technological devices, not to exceed in any year 10 percent of the   total amount paid to the program participant's account that year;                 (8)     fees for a nationally norm-referenced achievement   test or examination, an assessment instrument adopted by the agency   under Section 39.023, an advanced placement test or similar   examination, or any examination related to college or university   admission; and                 (9)     fees for the management of the participant's   account charged by a financial institution.           (b)     Expenses allowed under Subsection (a) do not include   expenses for:                 (1)     consumable supplies, including paper, pens,   pencils, folders, and notebooks;                 (2)  food; or                 (3)     before-school or after-school child care or child   care during school holidays and vacations.           (c)     An education service provider or vendor of educational   products must provide a program participant with a receipt for each   expense allowed under Subsection (a) charged by the provider or   vendor to the participant.           (d)     The content or religious nature of a product or service   may not be considered in determining whether a payment for the   product or service is an expense allowed under Subsection (a).           (e)     A finding that a program participant used funds   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 expense that is allowed under that   subsection.           Sec.   29.358.     AMOUNT OF PAYMENT; FINANCING.   (a)   A parent of   an eligible child shall receive each year that the child   participates in the program quarterly payments from the state to   the child's account equal to a total amount of $10,000.           (b)     In addition to any funding the district receives under   Chapter 48, for each child participating in the program, the school   district the child would otherwise attend is entitled to receive   for the first year in which the child participates in the program an   amount equal to 50 percent of the difference between:                 (1)     the [Text truncated for display. 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