Virdell’s $1,000 School Grant Can Later Pay College Tuition

The text as introduced · 1,363 words

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.