bill.txt

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). The notice under this subsection
  	must inform the parent that a qualifying school is not subject to
  	laws regarding the provision of education services in the same
  	manner as a public school, and a student with disabilities
  	attending a qualifying school may not receive the services a
  	student with disabilities attending a public school is entitled to
  	receive under federal and state law. The notice must provide
  	information regarding rights a student with disabilities is
  	entitled to under federal and state law if the student attends a
  	public school, including:
  	             (1)  rights provided under the Individuals with
  	Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
  	including:
  	                   (A)  an individualized education program;
  	                   (B)  education services provided in the least
  	restrictive [Previous Hit] environment [Next Hit] ;
  	                   (C)  instruction from certified teachers;
  	                   (D)  due process hearings to ensure proper and
  	full implementation of an individualized education program;
  	                   (E)  transition and planning services; and
  	                   (F)  supplementary aids and services;
  	             (2)  rights provided under Subchapter A; and
  	             (3)  other rights provided under federal or state law.
  	       (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 Chapter 42 for the student. If the cost of
  	attending the qualifying school is less than the amount the student
  	would be entitled to under this subsection, the amount of the
  	scholarship shall be reduced to the amount necessary to pay the
  	costs of attending the qualifying school.
  	       (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 with
  	documentation relating to the costs for the student to attend the
  	qualifying school 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;
  	             (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; and
  	             (3)  agree to fully comply with the individualized
  	education program developed for a student under Section 29.005.
  	       Sec. 29.356.  ADMISSIONS. (a) A qualifying school chosen by
  	an eligible student's parent under this subchapter:
  	             (1)  may not deny admission by discriminating on the
  	basis of the student's:
  	                   (A)  race, ethnicity, or national origin;
  	                   (B)  income status; or
  	                   (C)  status as a student who qualifies for
  	instruction in English as a second language; and
  	             (2)  must comply with the requirements of:
  	                   (A)  42 U.S.C. Section 2000d et seq., with
  	respect to nondiscrimination on the basis of race, color, or
  	national origin; and
  	                   (B)  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 on the 91st day after the last day of the
  	legislative session.