By: Frank H.B. No. 5261       A BILL TO BE ENTITLED   AN ACT   relating to public education, including parental rights and public   school responsibilities regarding instructional materials and the   establishment of an education savings account program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. PARENTAL RIGHTS, SCHOOL LIBRARIES, AND CURRICULUM          SECTION 1.001.  Chapter 1, Education Code, is amended by   adding Section 1.009 to read as follows:          Sec. 1.009.  INFRINGEMENT OF PARENTAL RIGHTS PROHIBITED.   The rights granted to parents under the laws of this state,   including the right to direct the moral and religious training of   the parent's child, make decisions concerning the child's   education, and consent to medical, psychiatric, and psychological   treatment of the parent's child under Section 151.001, Family Code,   may not be infringed on by any public elementary or secondary school   or state governmental entity, including the state or a political   subdivision of the state, unless the infringement is:                (1)  necessary to further a compelling state interest,   such as providing life-saving care to a student; and                (2)  narrowly tailored using the least restrictive   means to achieve that compelling state interest.          SECTION 1.002.  Section 7.057(a), Education Code, is amended   to read as follows:          (a)  Except as provided by Subsection (e), a person may   appeal in writing to the commissioner if the person is aggrieved by:                (1)  the school laws of this state; or                (2)  actions or decisions of any school district board   of trustees that violate:                      (A)  the school laws of this state; [or]                      (B)  a provision of a written employment contract   between the school district and a school district employee, if a   violation causes or would cause monetary harm to the employee; or                      (C)  the grievance procedure adopted by the school   district under Section 26.011.          SECTION 1.003.  Section 11.161, Education Code, is amended   to read as follows:          Sec. 11.161.  FRIVOLOUS SUIT OR PROCEEDING. In a civil suit   or administrative proceeding brought under state law or rules[,]   against an independent school district or an officer of an   independent school district acting under color of office, the court   or another person authorized to make decisions regarding the   proceeding may award costs and reasonable attorney's fees if:                (1)  the court or other authorized person finds that   the suit is frivolous, unreasonable, and without foundation; and                (2)  the suit or proceeding is dismissed or judgment is   for the defendant.          SECTION 1.004.  Section 25.035, Education Code, is amended   to read as follows:          Sec. 25.035.  TRANSFERS BETWEEN DISTRICTS OR COUNTIES. (a)    The boards of trustees of two or more [adjoining] school districts   or the boards of county school trustees of two or more [adjoining]   counties may, [by agreement and] in accordance with Sections   25.032, 25.033, and 25.034, arrange for the transfer and assignment   of any student from the jurisdiction of one board to that of   another. [In the case of the transfer and assignment of a student   under this section, the participating governing boards shall also   agree to the transfer of school funds or other payments   proportionate to the transfer of attendance.]          (b)  A school district may deny approval of a transfer under   this section if:                (1)  the district or a school in the district to which a   student seeks to transfer is at full student capacity or has more   requests for transfers than available positions;                (2)  at the time a student seeks to transfer, the   student is suspended or expelled by the district in which the   student is enrolled; or                (3)  approving the transfer would supersede a   court-ordered desegregation plan.          (c)  A school district that has more applicants for transfer   under this section than available positions must fill the available   positions by lottery and must give priority to applicants in the   following order:                (1)  students who are dependents of an employee of the   receiving district; and                (2)  students receiving special education services   under Subchapter A, Chapter 29;                (3)  students who are dependents of military personnel;                (4)  students who are dependents of law enforcement   personnel;                (5)  students in foster care;                (6)  students who are the subject of court-ordered   modification of an order establishing conservatorship or   possession and access;                (7)  students who are siblings of a student who is   enrolled in the receiving district at the time the student seeks to   transfer;                (8)  students residing in the receiving district.          (d)  A student who transfers to another school district under   this section may not be charged tuition. The student is included in   the average daily attendance of the district to which the student   transfers, beginning on the date the student begins attending   classes at that district.          (e)  A receiving school district may, but is not required to,   provide transportation to a student who transfers to the receiving   district under this section.          (f)  A receiving school district may revoke, at any time   during the school year, the approval of the student's transfer if   the student:                (1)  fails to comply with a condition specified in the   agreement that is:                      (A)  a circumstance specified in the student code   of conduct under Section 37.001(a)(1);                      (B)  a condition specified in the student code of   conduct under Section 37.001(a)(2);                      (C)  conduct for which a student is required or   permitted to be removed from class and placed in a disciplinary   alternative education program under Section 37.006; or                      (D)  conduct for which a student is required or   permitted to be expelled from school under Section 37.007; or                (2)  fails to maintain a specified school attendance   rate.          SECTION 1.005.  Section 26.001, Education Code, is amended   by amending Subsections (a), (c), (d), and (e) and adding   Subsection (a-1) to read as follows:          (a)  As provided under Section 151.001, Family Code, a parent   has the right to direct the moral and religious training of the   parent's child, make decisions concerning the child's education,   and consent to medical, psychiatric, and psychological treatment of   the child without obstruction or interference from this state, any   political subdivision of this state, a school district or   open-enrollment charter school, or any other governmental entity.          (a-1)  Parents are partners with educators, administrators,   and school district boards of trustees in their children's   education. Parents shall be encouraged to actively participate in   creating and implementing educational programs for their children.          (c)  Unless otherwise provided by law, a board of trustees,   administrator, educator, or other person shall comply with Section   1.009 and may not limit parental rights or withhold information   from a parent regarding the parent's child.          (d)  Each board of trustees shall:                (1)  provide for procedures to consider complaints that   a parent's right has been denied; [.]                (2)  develop a plan for parental participation in the   district to improve parent and teacher cooperation, including in   the areas of homework, school attendance, and discipline;                (3)  [(e) Each board of trustees shall] cooperate in   the establishment of ongoing operations of at least one   parent-teacher organization at each school in the district to   promote parental involvement in school activities; and                (4)  provide information about parental rights and   options, including the right to withhold consent for or exempt the   parent's child from certain activities and instruction, that   addresses the parent's rights and options concerning:                      (A)  the child's course of study and supplemental   services;                      (B)  instructional materials and library   materials;                      (C)  health education instruction under Section   28.004;                      (D)  instruction regarding sexual orientation and   gender identity under Section 28.0043;                      (E)  school options, including virtual and remote   schooling options;                      (F)  immunizations under Section 38.001;                      (G)  gifted and talented programs;                      (H)  promotion, retention, and graduation   policies;                      (I)  grade, class rank, and attendance   information;                      (J)  state standards and requirements;                      (K)  data collection practices;                      (L)  health care services, including notice and   consent under Section 26.0083(g); and                      (M)  the local grievance procedure under Section   26.011.          SECTION 1.006.  Chapter 26, Education Code, is amended by   adding Sections 26.0012, 26.0026, 26.0061, and 26.0083 to read as   follows:          Sec. 26.0012.  RIGHT TO INFORMATION REGARDING PARENTAL   RIGHTS. (a)  A parent may request in writing from a school district   superintendent information regarding a parental right under Title 1   or this title.          (b)  If the superintendent denies a request made under   Subsection (a) or does not respond to the request within 10 days,   the parent may appeal to the district's board of trustees.          (c)  The board of trustees must include an appeal made under   Subsection (b) in the business of the next board meeting after the   date the appeal is received.          Sec. 26.0026.  RIGHT TO SELECT EDUCATIONAL SETTING. A   parent is entitled to choose the educational setting for the   parent's child, including public school, private school, or home   school.          Sec. 26.0061.  RIGHT TO REQUEST INSTRUCTIONAL MATERIAL   REVIEW.  (a)  The board of trustees of each school district shall   establish a process by which a parent of a student, as indicated on   the student registration form at the student's campus, may request   an instructional material review under Section 31.0236 for a   subject area in the grade level in which the student is enrolled.          (b)  A process established under Subsection (a):                (1)  may not require more than one parent of a student   to make the request;                (2)  must provide for the board of trustees of the   school district to determine if the request will be granted, either   originally or through an appeal process; and                (3)  may permit the requesting parent to review the   instructional material directly before the district conducts an   instructional material review under Section 31.0236.          (c)  If the parents of at least 25 percent of the students   enrolled at a campus present to the board of trustees of the school   district in which the campus is located a petition for the board to   conduct an instructional material review under Section 31.0236, the   board shall conduct the review, unless, by a majority vote, the   board denies the request. A review conducted under this subsection   shall include a review of instructional materials for each subject   area or grade level specified in the petition.          (d)  The commissioner may adopt rules to implement this   section.          Sec. 26.0083.  RIGHT TO INFORMATION REGARDING MENTAL,   EMOTIONAL, AND PHYSICAL HEALTH AND HEALTH-RELATED SERVICES.  (a)     The agency shall adopt a procedure for school districts to notify   the parent of a student enrolled in the district regarding any   change in:                (1)  services provided to or monitoring of the student   related to the student's mental, emotional, or physical health or   well-being; or                (2)  the district's ability to provide a safe and   supportive learning environment for the student.          (b)  A procedure adopted under Subsection (a) must reinforce   the fundamental right of a parent to make decisions regarding the   upbringing and control of the parent's child by requiring school   district personnel to:                (1)  encourage a student to discuss issues relating to   the student's well-being with the student's parent; or                (2)  facilitate a discussion described under   Subdivision (1).          (c)  A school district may not adopt a procedure that:                (1)  prohibits a district employee from notifying the   parent of a student regarding:                      (A)  information about the student's mental,   emotional, or physical health or well-being; or                      (B)  a change in services provided to or   monitoring of the student related to the student's mental,   emotional, or physical health or well-being;                (2)  encourages or has the effect of encouraging a   student to withhold from the student's parent information described   by Subdivision (1)(A); or                (3)  prevents a parent from accessing education or   health records concerning the parent's child.          (d)  Subsections (a) and (c) do not require the disclosure of   information to a parent if a reasonably prudent person would   believe the disclosure is likely to result in the student suffering   abuse or neglect, as those terms are defined by Section 261.001,   Family Code.          (e)  A school district employee may not discourage or   prohibit parental knowledge of or involvement in critical decisions   affecting a student's mental, emotional, or physical health or   well-being.          (f)  Any student support services training developed or   provided by a school district to district employees must comply   with any student services guidelines, standards, and frameworks   established by the State Board of Education and the agency.          (g)  Before the first instructional day of each school year,   a school district shall provide to the parent of each student   enrolled in the district written notice of each health-related   service offered at the district campus the student attends. The   notice must include a statement of the parent's right to withhold   consent for or decline a health-related service. A parent's consent   to a health-related service does not waive a requirement of   Subsection (a), (c), or (e).          (h)  Before administering a student well-being questionnaire   or health screening form to a student enrolled in prekindergarten   through 12th grade, a school district must provide a copy of the   questionnaire or form to the student's parent and obtain the   parent's consent to administer the questionnaire or form.          (i)  This section may not be construed to:                (1)  limit or alter the requirements of Section 38.004   of this code or Chapter 261, Family Code; or                (2)  limit a school district employee's ability to   inquire about a student's daily well-being without parental   consent.          (j)  Not later than June 30, 2024, the agency, the State   Board of Education, and the State Board for Educator Certification,   as appropriate, shall review and revise as necessary the following   to ensure compliance with this section:                (1)  school counseling frameworks and standards;                (2)  educator practices and professional conduct   principles; and                (3)  any other student services personnel guidelines,   standards, or frameworks.          (k)  Subsection (j) and this subsection expire September 1,   2025.          SECTION 1.007.  Section 26.004(b), Education Code, is   amended to read as follows:          (b)  A parent is entitled to access to all written records of   a school district concerning the parent's child, including:                (1)  attendance records;                (2)  test scores;                (3)  grades;                (4)  disciplinary records;                (5)  counseling records;                (6)  psychological records;                (7)  applications for admission;                (8)  medical records in accordance with Section   38.0095, including health and immunization information;                (9)  teacher and school counselor evaluations;                (10)  reports of behavioral patterns; and                (11)  records relating to assistance provided for   learning difficulties, including information collected regarding   any intervention strategies used with the child.          SECTION 1.009.  Section 26.008, Education Code, is amended   to read as follows:          Sec. 26.008.  RIGHT TO FULL INFORMATION CONCERNING STUDENT.   (a)  Except as provided by Section 38.004, a [A] parent is entitled   to:                (1)  full information regarding the school activities   of a parent's child; and                (2)  prompt notification if a school district employee   suspects that an offense has been committed against the parent's   child [except as provided by Section 38.004].          (b)  An attempt by any school district employee to encourage   or coerce a child to withhold information from the child's parent is   grounds for discipline under Section 21.104, 21.156, or 21.211, as   applicable, or by the State Board for Educator Certification, if   applicable.          SECTION 1.010.  Section 26.009, Education Code, is amended   by amending Subsection (a) and adding Subsections (a-1), (a-2),   (c), (d), and (e) to read as follows:          (a)  An employee of a school district must obtain the written   consent of a child's parent in the manner required by Subsection   (a-2) before the employee may:                (1)  conduct a psychological examination, test, or   treatment, unless the examination, test, or treatment is required   under Section 38.004 or state or federal law regarding requirements   for special education; [or]                (2)  subject to Subsection (b), make or authorize the   making of a videotape of a child or record or authorize the   recording of a child's voice;                (3)  unless authorized by other law, collect, use,   store, or disclose a child's private or identifying information,   including data, health and medical information, and biometric   identifiers; or                (4)  provide health care services or medication or   conduct a medical procedure.          (a-1)  For purposes of Subsection (a), "biometric   identifier" means a blood sample, hair sample, skin sample, DNA   sample, body scan, retina or iris scan, fingerprint, voiceprint, or   record of hand or face geometry.          (a-2)  Written consent for a parent's child to participate in   a district activity described by Subsection (a) must be signed by   the parent and returned to the district. A child may not   participate in the activity unless the district receives the   parent's signed written consent to that activity.          (c)  Before the first instructional day of each school year,   a school district shall provide to the parent of each student   enrolled in the district written notice of any actions the district   may take involving the authorized collection, use, or storage of   information as described by Subsection (a)(3). The notice must:                (1)  include a plain language explanation for the   district's collection, use, or storage of the child's information   and the district's legal authority to engage in that collection,   use, or storage; and                (2)  be signed by the parent and returned to the   district.          (d)  A school district shall take disciplinary action   against an employee responsible for allowing a child to participate   in an activity described by Subsection (a)(4) if the district did   not obtain a parent's consent for the child's participation in that   activity.          SECTION 1.011.  Section 26.011, Education Code, is amended   to read as follows:          Sec. 26.011.  LOCAL GRIEVANCE PROCEDURE [COMPLAINTS].  (a)     The board of trustees of each school district shall adopt a   grievance procedure under which the board shall:                (1)  address each grievance [complaint] that the board   receives concerning a violation of a right guaranteed by Section   1.009 or this chapter:                      (A)  if the grievance is filed before the later   of:                            (i)  the 90th day after the date on which the   parent received notice of an incident giving rise to the grievance;   or                            (ii)  the first day of the school year   following the school year in which an incident giving rise to the   grievance occurred; or                      (B)  regardless of whether the grievance was filed   during the period described by Paragraph (A) if the grievance was   informally brought to the attention of school district personnel   during the school year in which an incident giving rise to the   grievance occurred; and                (2)  allow a parent at any time before a final decision   by the board to amend the parent's grievance.          (b)  The board of trustees of a school district is not   required by Subsection (a) or Section 11.1511(b)(13) to address a   grievance [complaint] that the board receives concerning a   student's participation in an extracurricular activity that does   not involve a violation of a right guaranteed by this chapter. This   subsection does not affect a claim brought by a parent under the   Individuals with Disabilities Education Act (20 U.S.C. Section 1400   et seq.) or a successor federal statute addressing special   education services for a child with a disability.          (c)  The board of trustees of each school district shall   ensure that each parent of a student enrolled in the district   receives notice of:                (1)  the parent's rights under this title;                (2)  the board's grievance procedure under Subsection   (a); and                (3)  the requirement to appeal to the commissioner in   writing under Section 7.057 if aggrieved by the school laws of this   state or certain actions or decisions of any school district board   of trustees.          (d)  The board of trustees of a school district shall ensure   a grievance procedure adopted under Subsection (a):                (1)  authorizes a parent to notify the principal, or   the principal's designee, of the district campus the parent's child   attends regarding concerns related to:                      (A)  rights guaranteed under Section 1.009 or this   chapter;                      (B)  a violation of Section 28.0022, 28.004,   28.0043, or 33.023 or Chapter 38, or the implementation of those   provisions by the district; or                      (C)  a violation of Chapter 551, Government Code;                (2)  requires that a principal or the principal's   designee:                      (A)  acknowledge receipt of a grievance under   Subdivision (1) not later than two school days after receipt of the   grievance; and                      (B)  not later than the 14th day after receipt of a   grievance described by Subdivision (1):                            (i)  resolve the issue that gave rise to the   grievance to the satisfaction of the parent who submitted the   grievance; or                            (ii)  provide to the parent who submitted   the grievance a written explanation of the principal's reason for   not resolving the issue to the parent's satisfaction;                (3)  requires that, not later than the 30th day after   receipt of a grievance described by Subdivision (1), if the   principal fails to resolve the issue to the parent's satisfaction,   the superintendent or the superintendent's designee:                      (A)  resolve the issue that gave rise to the   grievance to the satisfaction of the parent who submitted the   grievance; or                      (B)  provide to the parent who submitted the   grievance a written explanation of the district's reason for not   resolving the issue to the parent's satisfaction; and                (4)  requires that, not later than the earlier of the   30th day after receipt of a grievance described by Subdivision (1)   or the next meeting of the board, if the superintendent fails to   resolve the issue to the parent's satisfaction, the board, in   closed session:                      (A)  resolve the issue that gave rise to the   grievance to the satisfaction of the parent who submitted the   grievance; or                      (B)  provide to the parent who submitted the   grievance a written explanation of the board's reason for not   resolving the issue to the parent's satisfaction.          (e)  The parties may mutually agree to adjust the timeline   for the procedure under this section.          SECTION 1.012.  Chapter 26, Education Code, is amended by   adding Sections 26.0111, 26.0112, and 26.0113 to read as follows:          Sec. 26.0111.  GRIEVANCE HEARING BEFORE HEARING EXAMINER.     (a)  If a grievance filed with the board of trustees of a school   district under Section 26.011 is not resolved to a parent's   satisfaction, the parent may request that the commissioner appoint   a hearing examiner with the same powers and qualifications of a   hearing examiner under Subchapter F, Chapter 21, to review the   grievance and make recommendations to the State Board of Education   regarding its resolution.          (b)  A parent must file a written request for a hearing under   this section with the commissioner not later than the 15th day after   the date on which the board of trustees of the district resolved the   parent's grievance under Section 26.011. The parent must provide   the district with a copy of the request and must provide the   commissioner with a copy of the district's resolution of the   grievance. The parties may agree in writing to extend by not more   than 10 days the deadline for requesting a hearing.          (c)  The commissioner shall assign a hearing examiner to   review the grievance in the manner provided by Section 21.254. The   hearing examiner has the powers described by Sections 21.255 and   21.256 and shall conduct the hearing in the manner provided by those   sections as if the parent were a teacher.          (d)  Not later than the 60th day after the date on which the   commissioner receives a parent's written request for a hearing, the   hearing examiner shall complete the hearing and make a written   recommendation to the State Board of Education that includes   proposed findings of fact and conclusions of law.          (e)  Sections 21.257(c), (d), and (e) apply to a hearing   under this section in the same manner as a hearing conducted under   Subchapter F, Chapter 21.          (f)  Section 21.258 applies to the State Board of Education   in the same manner as if the board were the board of trustees of the   school district or board subcommittee.          (g)  Chapter 2001, Government Code, does not apply to the   State Board of Education's actions regarding the recommendation of   the hearing examiner.          (h)  The costs of the hearing examiner, the court reporter,   the original hearing transcript, and any hearing room costs, if the   hearing room is not provided by the school district, shall be paid   by the school district.          Sec. 26.0112.  DISCIPLINARY MEASURES.  If at least five   grievances involving a certain school district are reviewed by a   hearing examiner under Section 26.0111 during a school year, the   superintendent of the school district must appear before the State   Board of Education to testify regarding the hearing examiner's   findings and the frequency of grievances against the district.          Sec. 26.0113.  INVESTIGATION BY ATTORNEY GENERAL.  The   attorney general may receive and investigate a parent's complaint   related to an immediate threat to the mental, emotional, or   physical bodily integrity, safety, or individual liberty of the   parent's child at a school district, including complaints   regarding:                (1)  the district's failure to notify the parent   regarding the provision of a medical, counseling, or mental health   service or change in the status of services provided to the child in   accordance with Section 26.0083;                (2)  a district employee conducting a psychological   screening, survey, or other method of obtaining written or   electronic documentation on the mental status of the child without   the parent's consent;                (3)  exposure of the parent's child to harmful   material, as defined by Section 43.24, Penal Code;                (4)  the district's failure to notify a parent   regarding a physical or sexual assault against the parent's child   or to protect the child from such an assault; and                (5)  the district's failure to report to the proper   agency an incident that is required to be reported by law.          SECTION 1.013.  Section 28.002, Education Code, is amended   by adding Subsection (c-4) to read as follows:          (c-4)  The State Board of Education may not adopt standards   in violation of Section 28.0043.          SECTION 1.014.  Subchapter A, Chapter 28, Education Code, is   amended by adding Section 28.0043 to read as follows:          Sec. 28.0043.  RESTRICTION ON INSTRUCTION REGARDING SEXUAL   ORIENTATION AND GENDER IDENTITY. A school district,   open-enrollment charter school, or district or charter school   employee may not provide or allow a third party to provide   instruction, guidance, activities, or programming regarding sexual   orientation or gender identity:                (1)  to students enrolled in prekindergarten through   twelfth grade; and                (2)  in a manner that is not age-appropriate or   developmentally appropriate.          SECTION 1.015.  Subchapter B, Chapter 31, Education Code, is   amended by adding Section 31.0236 to read as follows:          Sec. 31.0236.  LOCAL REVIEW OF CLASSROOM INSTRUCTIONAL   MATERIAL. (a)  The agency shall adopt rules developing a process by   which a school district may conduct a review of instructional   materials used by a classroom teacher in a foundation curriculum   course under Section 28.002(a)(1) to determine the degree to which   the material:                (1)  complies with the instructional materials adopted   by the school district; and                (2)  is appropriately rigorous for the grade level in   which it is being used.          (b)  A review conducted under this section may only be   conducted using a rubric developed by the agency and approved by the   State Board of Education.          (c)  The agency, in developing a review process under   Subsection (a):                (1)  shall minimize, to the extent possible, the time a   classroom teacher is required to spend complying with a review   conducted under this section;                (2)  may not, unless unavoidable, require a teacher to   spend more than 30 minutes on a single review conducted under this   section; and                (3)  shall permit a regional education service center   or a private educational service provider approved by the agency to   conduct the review for a school district, if the center or provider   has completed the training offered by the agency under Subsection   (d).          (d)  The agency shall provide to regional education service   centers and other private educational service providers approved by   the agency training relating to appropriately conducting a review   under this section.          (e)  The agency shall adopt rules establishing a method for   providing grants or other funding for the purpose of conducting   reviews under this section.          SECTION 1.016.  Subchapter D, Chapter 31, Education Code, is   amended by adding Section 31.154 to read as follows:          Sec. 31.154.  INSTRUCTIONAL MATERIALS PARENT PORTAL. (a)     The agency shall adopt rules requiring each school district to   develop and maintain an instructional materials parent portal.          (b)  Rules adopted by the agency under Subsection (a) must   require a school district's instructional materials parent portal   to:                (1)  provide to each parent of a student enrolled in the   district access to all instructional material adopted or used by   the district for the subject and grade level in which the student is   enrolled, including open education resource instructional   material;                (2)  organize instructional material chronologically   by the date on which the material is planned to be used in the   classroom;                (3)  be capable of being searched by subject and grade   level;                (4)  for instructional material not available in a   digital format, contain sufficient information to allow a parent to   locate a physical copy of the material; and                (5)  for graded tests, quizzes, or other assessments,   provide information detailing the process by which a parent may   contact the appropriate classroom teacher and review the material   in person under Section 26.006.          (c)  To comply with an intellectual property license or other   restrictions placed on an instructional material and to maintain   security of the information contained in an instructional materials   parent portal under this section, a school district may require a   parent, before accessing the portal, to:                (1)  enter a password;                (2)  comply with other user access verification   procedures; and                (3)  accept user terms and conditions, including a   condition that the instructional material cannot be shared.          (d)  A parent's access to an instructional materials parent   portal under this section may be denied if the parent fails or   refuses to comply with a restriction under Subsection (c).          (e)  A school district that denies a parent access under   Subsection (d) must permit the parent to appeal the denial to the   board of trustees of the school district.          (f)  The commissioner may adopt rules as necessary to   implement this section and to ensure parental access to   instructional materials under Section 26.006 and this section.          SECTION 1.017.  Section 33.004(b), Education Code, is   amended to read as follows:          (b)  Each school, before implementing a comprehensive school   counseling program under Section 33.005, shall annually conduct a   preview of the program for parents and guardians. All materials,   including curriculum to be used during the year that is not   available digitally through an instructional materials parent   portal under Section 31.154, must be available for a parent or   guardian to preview during school hours. Materials or curriculum   not included in the materials on the instructional materials parent   portal or available on the campus for preview may not be used.          SECTION 1.019.  Section 12.104(b), Education Code, as   amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B.   3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th   Legislature, Regular Session, 2021, is reenacted and amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115,   37.207, and 37.2071;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [and]                      (Y) [(X)]  parental options to retain a student   under Section 28.02124;                      (AA)  parental access to instructional materials   and curricula under Section 26.0061; and                      (BB)  parental rights to information regarding a   student's mental, emotional, and physical health-related needs and   related services offered by the school as provided by Section   26.0083.          SECTION 1.021.  To the extent of any conflict, this Act   prevails over another Act of the 88th Legislature, Regular Session,   2023, relating to nonsubstantive additions to and corrections in   enacted codes.   ARTICLE 2. EDUCATION SAVINGS ACCOUNT PROGRAM          SECTION 2.001.  The purpose of this article is to:                (1)  provide additional educational options to assist   families in this state in exercising the right to direct the   educational needs of their children; and                (2)  achieve a general diffusion of knowledge.          SECTION 2.002.  Chapter 29, Education Code, is amended by   adding Subchapter J to read as follows:   SUBCHAPTER J. EDUCATION SAVINGS ACCOUNT PROGRAM          Sec. 29.351.  DEFINITIONS. In this subchapter:                (1)  "Account" means an education savings account   established under the program.                (2)  "Certified educational assistance organization"   means an organization certified under Section 29.354 to support the   administration of the program.                (3)  "Child with a disability" means a child who is   eligible to participate in a school district's special education   program under Section 29.003.                (4)  "Higher education provider" means an institution   of higher education or a private or independent institution of   higher education, as those terms are defined by Section 61.003.                (5)  "Parent" means a resident of this state who is a   natural or adoptive parent, managing or possessory conservator,   legal guardian, custodian, or other person with legal authority to   act on behalf of a child.                (6)  "Program" means the program established under this   subchapter.                (7)  "Program participant" means a child and a parent   of a child enrolled in the program.          Sec. 29.352.  ESTABLISHMENT OF PROGRAM. The comptroller   shall establish a program to provide funding for approved   education-related expenses of children participating in the   program.          Sec. 29.353.  PROGRAM FUND. (a) The program fund is an   account in the general revenue fund to be administered by the   comptroller.          (b)  The fund is composed of:                (1)  general revenue transferred to the fund;                (2)  money appropriated to the fund;                (3)  gifts, grants, and donations received under   Section 29.370; and                (4)  any other money available for purposes of the   program.          (c)  Money in the fund may be appropriated only for the uses   specified by this subchapter.          Sec. 29.354.  SELECTION OF CERTIFIED EDUCATIONAL ASSISTANCE   ORGANIZATIONS. (a)  An organization may apply to the comptroller   for certification as a certified educational assistance   organization during an application period established by the   comptroller.          (b)  To be eligible for certification, an organization must:                (1)  have the ability to perform the duties and   functions required of a certified educational assistance   organization under this subchapter;                (2)  be in good standing with the state; and                (3)  be able to assist the comptroller in administering   the program, including the ability to:                      (A)  accept, process, and track applications for   the program;                      (B)  assist prospective applicants, applicants,   and program participants with finding preapproved education   service providers and vendors of educational products; and                      (C)  verify that program funding is used only for   approved education-related expenses.          (c)  The comptroller may certify one or more educational   assistance organizations to support the administration of the   program, including by:                (1)  administering:                      (A)  the application process under Section   29.356; and                      (B)  the program expenditures process under   Section 29.360; and                (2)  assisting prospective applicants, applicants, and   program participants with understanding approved education-related   expenses and finding preapproved education service providers and   vendors of educational products.          Sec. 29.355.  ELIGIBLE CHILD. (a) A child is eligible to   participate in the program if the child:                (1)  is eligible to:                      (A)  attend a public school under Section 25.001;   or                      (B)  enroll in a public school's prekindergarten   program under Section 29.153; and                (2)  either:                      (A)  is enrolled for the current school year in a   public school;                      (B)  attended a public school for at least 90   percent of the preceding school year; or                      (C)  is enrolling in prekindergarten or   kindergarten for the first time.          (b)  A child who establishes eligibility under this section   may participate in the program until the earliest of the following   dates:                (1)  the date on which the child graduates from high   school;                (2)  the date on which the child is no longer eligible   to attend a public school under Section 25.001;                (3)  the date on which the child enrolls in a public   school, including an open-enrollment charter school, in a manner in   which the child will be counted toward the school's average daily   attendance for purposes of the allocation of funding under the   foundation school program; or                (4)  the date on which the child is declared ineligible   for the program by the comptroller under this subchapter.          Sec. 29.356.  APPLICATION TO PROGRAM. (a)  A parent of an   eligible child may apply to a certified educational assistance   organization to enroll the child in the program for the following   school year. The comptroller shall establish monthly deadlines by   which an applicant must complete and submit an application form to   participate in the program.          (b)  On receipt of more acceptable applications for   admission under this section than available positions in the   program due to insufficient funding, a certified educational   assistance organization shall:                (1)  for two-thirds of the available positions,   prioritize applicants who would otherwise attend a campus with an   overall performance rating under Section 39.054 of C, D, or F;                (2)  fill the remaining one-third of available   positions with applicants who would otherwise attend a campus with   an overall performance rating under Section 39.054 of A or B; and                (3)  subject to Subdivisions (1) and (2), consider   applications in the order received.          (c)  A certified educational assistance organization shall   create an application form for the program and make the application   form readily available through various sources, including the   organization's Internet website. The application form must state   the monthly application deadlines established by the comptroller   under Subsection (a). Each organization shall ensure that the   application form, including any required supporting document, is   capable of being submitted to the organization electronically.          (d)  A certified educational assistance organization shall   post on the organization's Internet website an applicant and   participant handbook with a description of the program, including:                (1)  expenses allowed under the program under Section   29.359;                (2)  a list of preapproved education service providers   and vendors of educational products under Section 29.358;                (3)  a description of the application process under   this section and the program expenditures process under Section   29.360; and                (4)  a description of the responsibilities of program   participants.          (e)  A certified educational assistance organization shall   annually provide to each program participant the information   described by Subsection (d). The organization may provide the   information electronically.          (f)  A certified educational assistance organization:                (1)  may require a program participant to submit annual   notice regarding the participant's intent to continue   participating in the program for the next school year; and                (2)  may not require a program participant in good   standing to annually resubmit an application for continued   participation in the program.          Sec. 29.357.  PARTICIPATION IN PROGRAM. To receive funding   under the program, a parent of an eligible child must agree to:                (1)  spend money received through the program only for   expenses allowed under Section 29.359;                (2)  share or authorize the administrator of an   assessment instrument to share with the program participant's   certified educational assistance organization the results of any   assessment instrument required to be administered to the child   under Section 29.358(b)(1)(B) or other law;                (3)  refrain from selling an item purchased with   program money in accordance with Section 29.359(a)(2) until the end   of the 12th month after the date the item is purchased; and                (4)  notify the program participant's certified   educational assistance organization not later than 30 days after   the date on which the child:                      (A)  enrolls in a public school, including an   open-enrollment charter school;                      (B)  graduates from high school; or                      (C)  is no longer eligible to either:                            (i)  enroll in a public school under Section   25.001; or                            (ii)  enroll in a public school's   prekindergarten program under Section 29.153.          Sec. 29.358.  PREAPPROVED PROVIDERS. (a) The comptroller   shall by rule establish a process for the preapproval of education   service providers and vendors of educational products for   participation in the program. The comptroller shall allow for the   submission of applications on a rolling basis.          (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)  for a private school, demonstrates:                      (A)  accreditation by an organization recognized   by:                            (i)  the Texas Private School Accreditation   Commission; or                            (ii)  the agency; and                      (B)  annual administration of a nationally   norm-referenced assessment instrument or the appropriate   assessment instrument required under Subchapter B, Chapter 39;                (2)  for a public school, demonstrates:                      (A)  accreditation by the agency; and                      (B)  the ability to provide services or products   to program participants in a manner in which the participants are   not counted toward the school's average daily attendance;                (3)  for a private tutor, therapist, or teaching   service:                      (A)  demonstrates that the tutor or therapist or   each employee of the teaching service who intends to provide   educational services to a program participant:                            (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 program participant either:                            (i)  completes a national criminal history   record information review; or                            (ii)  provides to the comptroller   documentation indicating that the tutor, therapist, or employee, as   applicable, has completed a national criminal history record   information review within a period established by comptroller rule;   and                      (C)  the tutor or therapist or each employee of   the teaching service who intends to provide educational services to   a program participant is not included in the registry under Section   22.092;                (4)  for a higher education provider, demonstrates   nationally recognized postsecondary accreditation; or                (5)  for any provider or vendor not described by   Subdivision (1), (2), (3), or (4), presents any necessary   supporting documents concerning the provider's or vendor's   qualification to serve program participants.          (c)  The comptroller shall review the national criminal   history record information or documentation for each private tutor,   therapist, or teaching service employee who submits information or   documentation under this section and verify that the individual is   not included in the registry under Section 22.092. The tutor,   therapist, or service must provide the comptroller with any   information requested by the comptroller to enable the comptroller   to complete the review.          (d)  An education service provider or vendor of educational   products shall provide information requested by the comptroller to   verify the provider's or vendor's eligibility for preapproval under   Subsection (b). The comptroller may not approve a provider or   vendor if the comptroller cannot verify the provider's or vendor's   eligibility for preapproval.          (e)  An education service provider or vendor of educational   products that no longer satisfies the requirements of this section   must notify the comptroller not later than the 30th day after the   date that the provider or vendor no longer meets the requirements.          (f)  This section may not be construed to allow a learning   pod, as defined by Section 27.001, or a home school to qualify as an   approved education service provider or vendor of educational   products.          Sec. 29.359.  APPROVED EDUCATION-RELATED EXPENSES. (a)     Subject to Subsection (b), money received under the program may be   used only for the following education-related expenses incurred by   a child participating in the program at a preapproved education   service provider or vendor of educational products:                (1)  tuition and fees for a private school, as defined   by Sec. 111.001, Education Code;                (2)  the purchase of textbooks or other instructional   materials or uniforms required by a school, higher education   provider, or course in which the child is enrolled;                (3)  costs related to academic assessments;                (4)  fees for services provided by a private tutor or   teaching service;                (5)  fees for transportation provided by a   fee-for-service transportation provider for the child to travel to   and from a preapproved education service provider or vendor of   educational products; and                (6)  fees for educational therapies or services   provided by a practitioner or provider, only for fees that are not   covered by any federal, state, or local government benefits such as   Medicaid or the Children's Health Insurance Program (CHIP) or by   any private insurance that the child is enrolled in at the time of   receiving the therapies or services.          (b)  Money received under the program may not be used to pay   any person who is related to the program participant within the   third degree by consanguinity or affinity, as determined under   Chapter 573, Government Code.          (c)  A finding that a program participant used money   distributed under the program to pay for an expense not allowed   under Subsection (a) does not affect the validity of any payment   made by the participant for an approved education-related expense   that is allowed under that subsection.          Sec. 29.360.  PROGRAM EXPENDITURES. (a) The comptroller   shall disburse from the program fund to each certified educational   assistance organization the amount specified under Section   29.361(a) for each program participant for whom the organization   administers an account.          (b)  To initiate payment to an education service provider or   vendor of educational products for an expense approved under   Section 29.359, the program participant must submit a request to   the participant's certified educational assistance organization.          (c)  Subject to Subsection (d) and Sections 29.362(g) and   29.364, on receiving a request under Subsection (b), a certified   educational assistance organization shall verify that the request   is for an expense approved under Section 29.359 and, not later than   the 15th business day after the date the organization verifies the   request, send payment to the education service provider or vendor   of educational products.          (d)  A disbursement under this section may not exceed the   program participant's account balance.          (e)  A certified educational assistance organization shall   provide program participants with electronic access to:                (1)  the program participant's current account balance;                (2)  the payment initiation process under Subsection   (b); and                (3)  a summary of the program participant's past   activity, including expenditures and selected education service   providers or vendors of educational products.          Sec. 29.361.  AMOUNT OF PAYMENT; FINANCING.  (a)  Regardless   of the monthly deadline by which the parent applies for enrollment   in the program under Section 29.356(a), a parent of an eligible   child shall receive each year that the child participates in the   program an annual payment from the state from funds available under   Section 29.353 to the child's account in the amount of $8,000.          (b)  This subsection applies only to a school district with a   student enrollment of less than 20,000. For the first two school   years during which a child residing in the district participates in   the program, a school district to which this subsection applies is   entitled to receive $10,000.          (c)  Any money remaining in a child's account at the end of a   fiscal year is carried forward to the next fiscal year unless   another provision of this subchapter mandates the closure of the   account.          (d)  The parent of a child participating in the program may   make payments for the expenses of educational programs, services,   and products not covered by money in the child's account.          (e)  A payment under Subsection (a) may not be financed using   federal money or money from the available school fund or   instructional materials fund.          (f)  Payments received under this subchapter do not   constitute taxable income to the eligible child's parent, unless   otherwise provided by federal law.          (g)  Not later than May 1 of each year, the agency shall   submit to the comptroller the data necessary to calculate the   amount specified under Subsection (a).          Sec. 29.362.  ADMINISTRATION OF ACCOUNTS.  (a) The   comptroller shall make quarterly payments to each program   participant's account in equal amounts on or before the first day of   July, October, January, and April.          (b)  The comptroller may deduct an amount from each quarterly   payment to a program participant's account to cover the   comptroller's cost of administering the program. The amount   deducted may not exceed three percent of the payment.          (c)  Each quarter, the comptroller shall disburse to each   certified educational assistance organization an amount from the   total amount of money appropriated for purposes of this subchapter   to cover the organization's cost of administering the program. The   total amount disbursed to a certified educational assistance   organization under this subsection for a fiscal year may not exceed   five percent of the amount appropriated for purposes of this   subchapter for that fiscal year.          (d)  The comptroller shall calculate each certified   educational assistance organization's disbursement under   Subsection (c) by multiplying the total amount to be disbursed by   the average percentage of the program participants served by the   organization during the preceding three months.          (e)  On or before the first day of September and March, a   certified educational assistance organization shall:                (1)  verify with the agency that each child   participating in the program is not enrolled in a public school,   including an open-enrollment charter school, in a manner in which   the child is counted toward the school's average daily attendance   for purposes of the allocation of state funding under the   foundation school program; and                (2)  notify the comptroller if the organization   determines that a child participating in the program is enrolled in   a public school, including an open-enrollment charter school, in a   manner in which the child is counted toward the school's average   daily attendance for purposes of the allocation of state funding   under the foundation school program.          (f)  The comptroller by rule shall establish a process by   which a program participant may authorize the comptroller to make a   payment directly from the participant's account to a preapproved   education service provider or vendor of educational products for an   expense allowed under Section 29.359.          (g)  On the date on which a child who participated in the   program is no longer eligible to participate in the program under   Section 29.355 and payments for any expenses allowed under Section   29.359 from the child's account have been completed, the child's   account is closed and any remaining money is returned to the state   for deposit in the program fund.          Sec. 29.363.  RANDOM AUDITING. (a) Each biennium, each   certified educational assistance organization shall contract with   a private entity to randomly audit accounts and student eligibility   data to ensure compliance with applicable law and program   requirements.          (b)  In conducting an audit, the private entity may require a   program participant or the certified educational assistance   organization with which the entity contracts under Subsection (a)   to provide additional information and documentation regarding any   payment made under the program.          (c)  The private entity shall report to the comptroller and   the certified educational assistance organization with which the   entity contracts under Subsection (a) any violation of this   subchapter or other relevant law found by the entity during an audit   conducted under this section. The comptroller shall report the   violation to:                (1)  the education service provider or vendor of   educational products, as applicable; and                (2)  the parent of each child participating in the   program who is affected by the violation.          Sec. 29.364.  SUSPENSION OF ACCOUNT. (a) The comptroller   shall suspend the account of a program participant who fails to   remain in good standing by complying with applicable law or a   requirement of the program.          (b)  On suspension of an account under Subsection (a), the   comptroller shall notify the program participant in writing that   the account has been suspended and that no additional payments may   be made from the account. The notification must specify the grounds   for the suspension and state that the participant has 30 business   days to respond and take any corrective action required by the   comptroller.          (c)  On the expiration of the 30-day period under Subsection   (b), the comptroller shall:                (1)  order closure of the suspended account;                (2)  order temporary reinstatement of the account,   conditioned on the performance of a specified action by the program   participant; or                (3)  order full reinstatement of the account.          (d)  The comptroller may recover money distributed under the   program that was used for expenses not allowed under Section 29.359   from the program participant or the entity that received the money   if the program participant's account is suspended or closed under   this section.          Sec. 29.365.  TUITION AND FEES; REFUND PROHIBITED. (a)  An   education service provider or vendor of educational products may   not charge a child participating in the program an amount greater   than the standard amount charged for that service or product by the   provider or vendor.          (b)  An education service provider or vendor of educational   products receiving money distributed under the program may not in   any manner rebate, refund, or credit to or share with a program   participant, or any person on behalf of a participant, any program   money paid or owed by the participant to the provider or vendor.          Sec. 29.366.  REFERRAL TO DISTRICT ATTORNEY. If the   comptroller or a certified educational assistance organization   obtains evidence of fraudulent use of an account, the comptroller   or organization shall notify the appropriate local county or   district attorney with jurisdiction over the residence of the   program participant.          Sec. 29.367.  SPECIAL EDUCATION NOTICE.  (a) A certified   educational assistance organization shall post on the   organization's Internet website and provide to each parent who   submits an application for the program a notice that:                (1)  states that a private school is not subject to   federal and state laws regarding the provision of educational   services to a child with a disability in the same manner as a public   school; and                (2)  provides information regarding rights to which a   child with a disability is entitled under federal and state law if   the child attends a public school, including:                      (A)  rights provided under the Individuals with   Disabilities Education Act (20 U.S.C. Section 1400 et seq.); and                      (B)  rights provided under Subchapter A.          (b)  A private school in which a child with a disability who   is a program participant enrolls shall provide to the child's   parent a copy of the notice required under Subsection (a).          Sec. 29.368.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR   AUTONOMY. (a) An education service provider or vendor of   educational products that receives money distributed under the   program is not a recipient of federal financial assistance on the   basis of receiving that money.          (b)  A rule adopted or action taken related to the program by   an individual, governmental entity, court of law, or program   administrator may not:                (1)  consider the actions of an education service   provider, vendor of educational products, or program participant to   be the actions of an agent of state government;                (2)  limit:                      (A)  an education service provider's ability to   determine the methods used to educate the provider's students or to   exercise the provider's religious or institutional values; or                      (B)  a program participant's ability to determine   the participant's educational content or to exercise the   participant's religious values;                (3)  obligate an education service provider or program   participant to act contrary to the provider's or participant's   religious or institutional values, as applicable;                (4)  impose any regulation on an education service   provider, vendor of educational products, or program participant   beyond those regulations necessary to enforce the requirements of   the program; or                (5)  require as a condition of receiving money   distributed under the program:                      (A)  an education service provider to modify the   provider's creed, practices, admissions policies, curriculum,   performance standards, employment policies, or assessments; or                      (B)  a program participant to modify the   participant's creed, practices, curriculum, performance standards,   or assessments.          (c)  In a proceeding challenging a rule adopted by a state   agency or officer under this subchapter, the agency or officer has   the burden of proof to establish by clear and convincing evidence   that the rule:                (1)  is necessary to implement or enforce the program   as provided by this subchapter;                (2)  does not violate this section;                (3)  does not impose an undue burden on a program   participant or an education service provider or vendor of   educational products that participates or applies to participate in   the program; and                (4)  is the least restrictive means of accomplishing   the purpose of the program while recognizing the independence of an   education service provider to meet the educational needs of   students in accordance with the provider's religious or   institutional values.          Sec. 29.369.  STUDENT RECORDS AND INFORMATION. (a) On   request by the parent of a child participating or seeking to   participate in the program, the school district or open-enrollment   charter school that the child would otherwise attend shall provide   a copy of the child's school records possessed by the district or   school, if any, to the child's parent or, if applicable, the private   school the child attends.          (b)  As necessary to verify a child's eligibility for the   program, the agency, a school district, or an open-enrollment   charter school shall provide to a certified educational assistance   organization any information available to the agency, district, or   school requested by the organization regarding a child who   participates or seeks to participate in the program, including   information regarding the child's public school enrollment status   and whether the child can be counted toward a public school's   average daily attendance for purposes of the allocation of funding   under the foundation school program. The organization may not   retain information provided under this subsection beyond the period   necessary to determine a child's eligibility to participate in the   program.          Sec. 29.370.  GIFTS, GRANTS, AND DONATIONS. The comptroller   and a certified educational assistance organization may solicit and   accept gifts, grants, and donations from any public or private   source for any expenses related to the administration of the   program, including establishing the program and contracting for the   report required under Section 29.371.          Sec. 29.371.  ANNUAL REPORT. (a) The comptroller shall   contract with a higher education provider to compile program data   and produce an annual longitudinal report regarding:                (1)  the number of program applications received,   accepted, and waitlisted, disaggregated by age;                (2)  program participant satisfaction;                (3)  the results of assessment instruments shared in   accordance with Section 29.357(2);                (4)  the effect of the program on public and private   school capacity, availability, and quality;                (5)  the amount of cost savings accruing to the state as   a result of the program;                (6)  in a report submitted in an even-numbered year   only, an estimate of the total amount of funding required for the   program for the next state fiscal biennium;                (7)  the amount of gifts, grants, and donations   received under Section 29.370; and                (8)  based on surveys of former program participants or   other sources available to the higher education provider, the   number and percentage of program participants who, within one year   after graduating from high school, are:                      (A)  college ready, as indicated by earning a   minimum of 12 non-remedial semester credit hours or the equivalent   or an associate degree from a postsecondary educational   institution;                      (B)  career ready, as indicated by:                            (i)  earning a credential of value included   in the library of credentials established under Section 2308A.007,   Government Code; or                            (ii)  employment at or above the median wage   in the participant's region; or                      (C)  military ready, as indicated by achieving a   passing score set by the applicable military branch on the Armed   Services Vocational Aptitude Battery and enlisting in the armed   forces of the United States or the Texas National Guard.          (b)  In producing the report, the higher education provider   shall:                (1)  use appropriate analytical and behavioral science   methodologies to ensure public confidence in the report; and                (2)  comply with the requirements regarding the   confidentiality of student educational information under the   Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g).          (c)  The report must cover a period of not less than five   years and include, subject to Subsection (b)(2), the data analyzed   and methodology used.          (d)  The comptroller and each certified educational   assistance organization shall post the report on the comptroller's   and organization's respective Internet websites.          Sec. 29.372.  RULES; PROCEDURES. The comptroller shall adopt   rules and procedures as necessary to implement, administer, and   enforce this subchapter.          Sec. 29.373.  APPEAL; JUDICIAL REVIEW. (a) A program   participant may appeal to the comptroller an administrative   decision made by the comptroller or a certified educational   assistance organization under this subchapter, including a   decision regarding eligibility, allowable expenses, or the   participant's removal from the program.          (b)  A program participant, education service provider, or   vendor of educational products who is adversely affected or   aggrieved by a decision made by the comptroller or a certified   educational assistance organization under this subchapter may file   a suit challenging the decision in a district court in the county in   which the program participant resides or the provider or vendor has   its principal place of business, as applicable.          Sec. 29.374.  RIGHT TO INTERVENE IN CIVIL ACTION. (a) A   program participant, education service provider, or vendor of   educational products may intervene in any civil action challenging   the constitutionality of the program.          (b)  A court in which a civil action described by Subsection   (a) is filed may require that all program participants, education   service providers, and vendors of educational products wishing to   intervene in the action file a joint brief. A program participant,   education service provider, or vendor of educational products may   not be required to join a brief filed on behalf of the state or a   state agency.          SECTION 2.003.  Section 22.092(d), Education Code, is   amended to read as follows:          (d)  The agency shall provide equivalent access to the   registry maintained under this section to:                (1)  private schools;                (2)  public schools; [and]                (3)  nonprofit teacher organizations approved by the   commissioner for the purpose of participating in the tutoring   program established under Section 33.913; and                (4)  the comptroller for the purpose of preapproving   education service providers and vendors of educational products   under Section 29.358 for participation in the program established   under Subchapter J, Chapter 29.          SECTION 2.004.  Section 411.109, Government Code, is amended   by adding Subsection (c) to read as follows:          (c)  The comptroller is entitled to obtain criminal history   record information maintained by the department about a person who   is a private tutor, a therapist, or an employee of a teaching   service or school who intends to provide educational services to a   child participating in the program established under Subchapter J,   Chapter 29, Education Code, and is seeking approval to receive   money distributed under that program.          SECTION 2.005.  Subchapter J, Chapter 29, Education Code, as   added by this article, applies beginning with the 2024-2025 school   year.          SECTION 2.006.  (a) Not later than November 15, 2023, the   comptroller of public accounts shall adopt rules as provided by   Section 29.372, Education Code, as added by this article.          (b)  The comptroller of public accounts may identify rules   required by the passage of Subchapter J, Chapter 29, Education   Code, as added by this article, that must be adopted on an emergency   basis for purposes of the 2024-2025 school year and may use the   procedures established under Section 2001.034, Government Code,   for adopting those rules. The comptroller of public accounts is not   required to make the finding described by Section 2001.034(a),   Government Code, to adopt emergency rules under this subsection.          SECTION 2.007.  (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 article,   may be determined in an action for declaratory judgment under   Chapter 37, Civil Practice and Remedies Code, in a district court in   the county in which the violation is alleged to have occurred or   where the plaintiff resides or has its principal place of business.          (b)  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   article, may be reviewed only by direct appeal to the Texas Supreme   Court filed not later than the 15th day after the date on which the   order was entered. The Texas Supreme Court shall give precedence to   appeals under this section over other matters.          (c)  The direct appeal is an accelerated appeal.          (d)  This section exercises the authority granted by Section   3-b, Article V, Texas Constitution.          (e)  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 Texas 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;                (2)  the applicant will suffer a probable injury that   is imminent and irreparable, and that the applicant has no other   adequate legal remedy; and                (3)  maintaining the injunction is in the public   interest.          (f)  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), 28.1, 32.1(g), 37.3(a)(1), 38.6(a) and (b),   40.1(b), and 49.4.          (g)  This section does not authorize an award of attorney's   fees against this state, and Section 37.009, Civil Practice and   Remedies Code, does not apply to an action filed under this section.          (h)  This section does not authorize a taxpayer suit to   contest the denial of a tax credit by the comptroller of public   accounts.          SECTION 2.008.  It is the intent of the legislature that   every provision, section, subsection, sentence, clause, phrase, or   word in this article, and every application of the provisions in   this article to each person or entity, are severable from each   other. If any application of any provision in this article to any   person, group of persons, or circumstances is found by a court to be   invalid for any reason, the remaining applications of that   provision to all other persons and circumstances shall be severed   and may not be affected.   ARTICLE 3. EFFECTIVE DATE          SECTION 3.001.  (a) Except as provided by Subsection (b) of   this section, 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, 2023.          (b)  Article 2 of this Act takes effect September 1, 2023.