83R1041 PAM-D
 
  By: Williams S.B. No. 115
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a school choice program for certain students with
  disabilities.
         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. SCHOOL CHOICE PROGRAM FOR STUDENTS WITH DISABILITIES
         Sec. 29.351.  DEFINITIONS. In this subchapter:
               (1)  "Parent" includes a guardian, custodian, or other
  person with authority to act on behalf of a student.
               (2)  "Program" means the school choice program
  described by this subchapter.
               (3)  "Qualifying school" means a nongovernmental
  community-based educational establishment that exists for the
  public good and provides for the education needs of elementary and
  secondary students with disabilities. The term does not include a
  school that provides education in a home setting or that limits
  enrollment to relatives of the school's staff.
         Sec. 29.352.  PROGRAM. An eligible student under Section
  29.353 may, at the option of the student's parent:
               (1)  attend any public school in the school district in
  which the student resides as provided by Subchapter G;
               (2)  subject to the limitations of Section 29.203,
  attend a public school in a district other than the district in
  which the student resides as provided by Subchapter G; or
               (3)  receive a scholarship as provided by Section
  29.354 to pay the costs of attending a qualifying school.
         Sec. 29.353.  ELIGIBLE STUDENT. (a) A student is eligible
  to participate in the program if:
               (1)  the student is in kindergarten through grade 12
  and eligible under Section 29.003 to participate in a school
  district's special education program; and
               (2)  an individualized education program has been
  developed for the student under Section 29.005.
         (b)  A school district shall provide written notice of the
  program to the parent of a student who is eligible to participate in
  the program under Subsection (a).
         (c)  A student who establishes eligibility under this
  section may continue participating in the program until the earlier
  of the date the student graduates from high school or the student's
  22nd birthday.
         Sec. 29.354.  FINANCING; SCHOLARSHIP. (a)  A student who
  attends a qualifying school under this subchapter is entitled to
  receive an annual scholarship in an amount equal to the amount of
  funding to which the school district in which the student resides
  would be entitled under Section 42.151 for the student.
         (b)  On application by the parent of an eligible student, the
  agency shall determine a student's eligibility in accordance with
  rules adopted under Section 29.359.  If the agency determines that
  the student is eligible for participation in the program, the
  agency shall issue a scholarship certificate to the parent. The
  parent shall endorse and present the certificate to the qualifying
  school chosen by the parent.
         (c)  The qualifying school the student attends must endorse
  and present the student's scholarship certificate to the agency to
  receive payment. The agency shall distribute to the qualifying
  school the amount of the student's scholarship under Subsection
  (a).
         (d)  The agency shall direct the distribution of funds to the
  qualifying school the student attends on a monthly pro rata basis
  after educational services have been provided. The agency shall
  require that the qualifying school submit documentation of the
  student's attendance before the agency directs funds to the
  qualifying school. The payment shall be made not later than the 30th
  day after the date on which the agency receives from the qualifying
  school a request for payment.
         (e)  The student's scholarship is the entitlement of the
  student, under the supervision of the student's parent, and not
  that of any school.
         (f)  A qualifying school may not share a student's
  scholarship with or refund or rebate a student's scholarship to the
  parent or the student in any manner.
         (g)  A student's scholarship may not be financed by money
  appropriated from the available school fund.
         Sec. 29.355.  PARTICIPATION BY QUALIFYING SCHOOLS. To
  participate in the program, a qualifying school must:
               (1)  be accredited by or have filed an application for
  accreditation by an accrediting association recognized by the
  commissioner to accredit nongovernmental schools in this state; and
               (2)  not advocate or foster unlawful behavior or teach
  hatred of any person or group on the basis of race, ethnicity,
  national origin, or religion.
         Sec. 29.356.  ADMISSIONS. (a) A qualifying school chosen by
  an eligible student's parent under this subchapter may not deny
  admission by discriminating on the basis of the student's race,
  ethnicity, or national origin and must comply with the requirements
  of:
               (1)  42 U.S.C. Section 2000d et seq. with respect to
  nondiscrimination on the basis of race, color, or national origin;
  and
               (2)  Section 504, Rehabilitation Act of 1973 (29 U.S.C.
  Section 794), with respect to nondiscrimination on the basis of
  disability.
         (b)  Except as provided by this subsection, a qualifying
  school that has more qualified scholarship applicants for
  attendance under this subchapter than available positions must fill
  the available scholarship positions by a random selection process.
  To achieve continuity in education, a school may give preference
  among scholarship applicants to a previously enrolled student and
  to other students residing in the same household as a previously
  enrolled student.
         (c)  A qualifying school may submit a written request for
  student records from the public school previously attended by an
  eligible student. On receipt of a request submitted under this
  subsection, the public school shall in a timely manner deliver to
  the qualifying school a copy of the public school's complete
  student records for that student, including attendance records,
  disciplinary records, past results of any assessment instruments
  administered to the student, the student's individualized
  education program, and any other comprehensive assessments from
  each school the student previously attended. A public school that
  is required to release student records under this subsection shall
  comply with any applicable provision of the Family Educational
  Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).
         Sec. 29.357.  ACCOUNTABILITY. (a) Each qualifying school
  that enrolls a student under this subchapter shall annually
  administer in the spring:
               (1)  the appropriate assessment instrument required
  under Section 39.023; or
               (2)  a nationally norm-referenced assessment
  instrument approved by the agency.
         (b)  The school shall provide:
               (1)  the student's results to the student's parent; and
               (2)  the aggregated results of the assessment
  instruments to the public.
         Sec. 29.358.  QUALIFYING SCHOOL AUTONOMY. (a) A qualifying
  school that accepts a scholarship under this subchapter is not an
  agent or arm of the state or federal government.
         (b)  Except as provided by this subchapter, the
  commissioner, the agency, the State Board of Education, or any
  other state agency may not regulate the educational program of a
  qualifying school that accepts a scholarship under this subchapter.
         Sec. 29.359.  RULES. (a) The commissioner shall adopt rules
  as necessary to implement, administer, and enforce the program,
  including rules regarding:
               (1)  the calculation and distribution of payments for
  qualifying schools; and
               (2)  application and approval procedures for
  qualifying school and student participation in the program.
         (b)  A rule adopted under this section is binding on any
  other state or local governmental entity, including a political
  subdivision, as necessary to implement, administer, and enforce the
  program.
         Sec. 29.360.  PROGRAM COMPLIANCE. (a) The agency shall
  respond to and investigate any complaint or dispute arising under
  this subchapter.
         (b)  The agency shall enforce this subchapter and any rule
  adopted under this subchapter and may withhold funds from any
  school district or qualifying school that violates this subchapter
  or a rule adopted under this subchapter.
         SECTION 2.  Section 29.202(a), Education Code, is amended to
  read as follows:
         (a)  A student is eligible to receive a public education
  grant or to attend another public school in the district in which
  the student resides under this subchapter if:
               (1)  the student is assigned to attend a public school
  campus:
                     (A) [(1)]  at which 50 percent or more of the
  students did not perform satisfactorily on an assessment instrument
  administered under Section 39.023(a) or (c) in any two of the
  preceding three years; or
                     (B) [(2)]  that, at any time in the preceding
  three years, failed to satisfy any standard under Section
  39.054(e); or
               (2)  the student is eligible to participate in the
  school choice program under Subchapter J.
         SECTION 3.  (a) The Texas Education Agency shall make the
  school choice program as provided by Subchapter J, Chapter 29,
  Education Code, as added by this Act, available for participation
  beginning with the 2013-2014 academic school year.
         (b)  As soon as practicable, the commissioner of education
  shall adopt and implement rules necessary for the administration of
  the program.
         SECTION 4.  (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 Act, may
  be determined in an action for declaratory judgment in a district
  court in Travis County under Chapter 37, Civil Practice and
  Remedies Code.
         (b)  An appeal of a declaratory judgment or order, however
  characterized, of a district court, including an appeal of the
  judgment of an appellate court, holding or otherwise determining
  that all or any part of Subchapter J, Chapter 29, Education Code, as
  added by this Act, is constitutional or unconstitutional, or
  otherwise valid or invalid, under the state or federal constitution
  is an accelerated appeal.
         (c)  If the judgment or order is interlocutory, an
  interlocutory appeal may be taken from the judgment or order and is
  an accelerated appeal.
         (d)  A district court in Travis County may grant or deny 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 Act.
         (e)  There is a direct appeal to the supreme court from 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 Act.
         (f)  The direct appeal is an accelerated appeal.
         (g)  This section exercises the authority granted by Section
  3-b, Article V, Texas Constitution.
         (h)  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 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; and
               (2)  the applicant will suffer a probable injury that
  is imminent and irreparable, and that the applicant has no other
  adequate legal remedy.
         (i)  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), 26.1(b), 28.1, 32.1(g), 35.3(c), 37.3(a)(1),
  38.6(a) and (b), 40.1(b), and 49.4.
         SECTION 5.  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, 2013.