private schools taking ESA money must post medical absence policy

The text as introduced · 636 words

90R1790 MM-D

By: Dorazio
H.B. No. 916

A BILL TO BE ENTITLED

AN ACT

relating to eligibility requirements for private schools to

participate in the education savings account program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.358(b), Education Code, is amended to

read as follows:

(b) The comptroller shall approve an education service

provider or vendor of educational products for participation in the

program if the provider or vendor:

(1) has previously been approved by the agency to

provide supplemental special education services under Subchapter

A-1 and remains in good standing with the agency;

(2) for a private school, demonstrates:

(A) accreditation by an organization recognized

by:

(i) the Texas Private School Accreditation

Commission; or

(ii) the agency;

(B) annual administration for students in grades

3 through 12 of a nationally norm-referenced assessment instrument

or the appropriate assessment instrument required under Subchapter

B, Chapter 39; [ and ]

(C) the school has continuously operated a campus

for at least two school years preceding the date the school seeks

approval under this section; and

(D) the school states on the school's Internet

website, in the school's application materials, and in the school's

enrollment contract:

(i) whether the school accepts students who

must be frequently absent from school due to a medical condition

that makes the student's attendance infeasible; and

(ii) the accommodations, if any, the school

provides to students who are absent due to a medical condition that

makes the student's attendance infeasible;

(3) for a school district or open-enrollment charter

school, demonstrates:

(A) accreditation by the agency; and

(B) the ability to provide services or products

to participating children in a manner in which the children are not

counted toward the district's or school's average daily attendance;

(4) for a private tutor, therapist, or teaching

service, demonstrates that:

(A) the tutor or therapist or each employee of

the teaching service who intends to provide educational services to

a participating child:

(i) is an educator employed by or a retired

educator formerly employed by a school accredited by the agency, an

organization recognized by the agency, or an organization

recognized by the Texas Private School Accreditation Commission;

(ii) holds a relevant license or

accreditation issued by a state, regional, or national

certification or accreditation organization; or

(iii) is employed in or retired from a

teaching or tutoring capacity at a higher education provider;

(B) the tutor or therapist or each employee of

the teaching service who intends to provide educational services to

a participating child provides to the comptroller a national

criminal history record information review completed for the tutor,

therapist, or employee, as applicable, within a period established

by comptroller rule or authorizes the comptroller or the

comptroller's designee to conduct a national criminal history

record information review of the tutor, therapist, or employee as

prescribed by comptroller rule; and

(C) the tutor or therapist or each employee of

the teaching service who intends to provide educational services to

a participating child is not:

(i) required to be discharged or refused to

be hired by a school district under Section 22A.157 [ 22.085 ]; or

(ii) included in the registry under Section

22A.151 [ 22.092 ];

(5) for a higher education provider, demonstrates

nationally recognized postsecondary accreditation; or

(6) notwithstanding Subdivision (2), for a private

provider serving children in prekindergarten or kindergarten,

demonstrates that the provider meets the requirements to be an

eligible private provider under Section 29.171.

SECTION 2. This Act applies beginning with the 2027-2028

school year.

SECTION 3. 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, 2027.