HB3956 - Relating to a parent-directed supplemental services and instructional materials program for public school students; authorizing a fee.

  89R17246 RDR-F     By: Virdell H.B. No. 3956       A BILL TO BE ENTITLED   AN ACT   relating to a parent-directed supplemental services and   instructional materials program for public school students;   authorizing a fee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 29, Education Code, is amended by adding   Subchapter S to read as follows:   SUBCHAPTER S. PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM           Sec. 29.801.  DEFINITIONS. In this subchapter:                 (1)     "Institution of higher education" and "private or   independent institution of higher education" have the meanings   assigned by Section 61.003.                 (2)     "Parent" has the meaning assigned by Section   29.041.                 (3)     "Supplemental instructional materials" includes   textbooks, computer hardware or software, other technological   devices, and other materials suitable for addressing an educational   need of a public school student.                 (4)     "Supplemental services" means an additive service   that provides an educational benefit to a public school student   including:                       (A)     virtual, advanced, and trade-related   programs;                       (B)  extracurricular activities;                       (C)     private tutoring and other supplemental   private instruction or programs; and                       (D)  college credit.           Sec.   29.802.     ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.   (a) The agency by rule shall establish and administer a   parent-directed program for public school students through which a   parent of a student who meets the eligibility requirements for   participation in the program may select supplemental services and   supplemental instructional materials for use by the parent's   student. From funds appropriated for the purpose, the agency shall   provide each student approved for participation in the program   under this subchapter a grant as provided by Section 48.319 to   purchase supplemental services and supplemental instructional   materials.           (b)     In administering the program, the agency shall maintain   a system of online accounts to provide to an eligible student's   parent access to the grant described by Subsection (a).           (c)     The agency shall designate one or more regional   education service centers to administer the program under this   section.           (d)     The agency shall establish a procedure by which a   student may initiate a transfer of control of the account, from the   parent to the student, for the use of unexpended money in the   account at the time of the student's graduation in accordance with   Section 29.806(d).           Sec.   29.803.     APPLICATION FOR GRANT ON BEHALF OF STUDENT.   The agency shall establish an application process for an eligible   student's parent to apply for a grant held in an online account   maintained under Section 29.802(b) and assigned to the student   under Section 29.805.           Sec.   29.804.     PROGRAM ELIGIBILITY CRITERIA. (a) The agency   shall establish eligibility criteria for the approval of an   application submitted under Section 29.803.           (b)     The eligibility criteria established under this section   must:                 (1)     require that the student be enrolled in the   current school year at a school district or open-enrollment charter   school; and                 (2)     prioritize students for whom a school district or   open-enrollment charter school is entitled to the compensatory   education allotment under Section 48.104.           (c)     A student may receive a grant once under this subchapter   while enrolled in kindergarten through grade 12.   A student may   receive an additional grant under this subchapter if the   legislature appropriates money for that purpose.           Sec.   29.805.     APPROVAL OF APPLICATION; ASSIGNMENT OF   ACCOUNT. The agency shall approve each student who meets the   program eligibility criteria established under Section 29.804 and   assign to the student an account maintained under Section   29.802(b). The account may only be used by the student's parent or   the student as provided by Section 29.802(d) to purchase   supplemental services or supplemental instructional materials for   the student, subject to Sections 29.806 and 29.807.           Sec.   29.806.     ACCOUNT USE RESTRICTION. (a) Money in an   account assigned to a student under Section 29.805 may be used only   for supplemental services, supplemental instructional materials,   and expenditures for tuition and fees as authorized under   Subsection (d).           (b)     Any supplemental services purchased under the program   under this subchapter must be provided by an agency-approved   provider.           (c)     If the agency has approved vendors for a category of   supplemental instructional materials under Section 29.807,   supplemental instructional materials must be purchased from an   agency-approved vendor for that category of supplemental   instructional materials. If the agency does not establish criteria   for agency approval for a category of supplemental instructional   materials, money in the student's account may be used to purchase   the supplemental instructional materials from any vendor.           (d)     The commissioner by rule shall authorize the use of   money in an account assigned to a student under Section 29.805 to be   spent on tuition and fees at an institution of higher education or   private or independent institution of higher education, including   any unexpended money in a student's account at the time of the   student's graduation from high school.   Any remaining unexpended   money in a student's account on the sixth anniversary of the   student's graduation from high school shall be returned to the   agency for purposes of the program.           Sec.   29.807.     AGENCY-APPROVED PROVIDERS AND VENDORS:   CRITERIA AND APPLICATION. (a) The agency shall establish criteria   necessary for agency approval for each category of provider of a   professional service that is a supplemental service, as identified   by the agency.           (b)     The criteria established under this section must   require a provider of a category of professional service to be   appropriately licensed or accredited in this state to provide that   service.           (c)     The agency shall provide a procedure for providers of   supplemental services to apply to the agency to become an   agency-approved provider.           (d)     The agency may establish criteria for agency approval of   vendors for each category of supplemental instructional materials   identified by the agency.           (e)     If the agency establishes criteria for agency approval   for a vendor of a category of supplemental instructional materials,   the agency shall provide a procedure for vendors of that category to   apply to the agency to become an agency-approved vendor.           Sec.   29.808.     PUBLIC SCHOOL PROVIDERS. A school district or   open-enrollment charter school provider approved under Section   29.807 may charge a fee for supplemental instructional materials or   supplemental services provided to a student under this subchapter   that otherwise would not have been provided to the student by the   district or school.           Sec.   29.809.     ADMISSION, REVIEW, AND DISMISSAL COMMITTEE   DUTIES. (a) A student's admission, review, and dismissal   committee shall develop a student's individualized education   program under Section 29.005, in compliance with the Individuals   with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),   without consideration of any supplemental services or supplemental   instructional materials that may be provided under the program   under this subchapter.           (b)     Unless the district determines that an account has been   assigned to the student under Section 29.045, the admission,   review, and dismissal committee of a student approved for   participation in the program shall provide to the student's parent   at an admission, review, and dismissal committee meeting for the   student:                 (1)     information regarding the types of supplemental   services or supplemental instructional materials available under   the program and provided by agency-approved providers for which an   account maintained under Section 29.802(b) for the student may be   used; and                 (2)     instructions regarding accessing an account   described by Subdivision (1).           Sec.   29.810.     DETERMINATION OF COMMISSIONER FINAL.   Notwithstanding Section 7.057, a determination of the commissioner   under this subchapter is final and may not be appealed.           Sec.   29.811.     RULES. The commissioner shall adopt rules as   necessary to administer the supplemental services and   instructional materials program under this subchapter.          SECTION 2.  Subchapter G, Chapter 48, Education Code, is   amended by adding Section 48.319 to read as follows:           Sec.   48.319.     PARENT-DIRECTED SUPPLEMENTAL SERVICES PROGRAM   GRANT.   (a)   A student to whom the agency awards a grant under   Subchapter S, Chapter 29, is entitled to receive a grant equal to   $1,000 or a greater amount provided by appropriation.           (b)     The agency shall use money appropriated to the agency   for purposes of this section to award grants under Subchapter S,   Chapter 29.          SECTION 3.  Not later than December 1, 2026, the   commissioner of education shall adopt all rules necessary for the   establishment and administration of the parent-directed   supplemental services program required under Subchapter S, Chapter   29, Education Code, as added by this Act.          SECTION 4.  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, 2025.