S.B. No. 1716         AN ACT   relating to a supplemental special education services and   instructional materials program for certain public school students   receiving special education services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 29, Education Code, is amended by adding   Subchapter A-1 to read as follows:   SUBCHAPTER A-1. SUPPLEMENTAL SPECIAL EDUCATION SERVICES PROGRAM          Sec. 29.041.  DEFINITIONS. In this subchapter:                (1)  "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.                (2)  "Supplemental special education instructional   materials" includes textbooks, computer hardware or software,   other technological devices, and other materials suitable for   addressing an educational need of a student receiving special   education services under Subchapter A.                (3)  "Supplemental special education services" means   an additive service that provides an educational benefit to a   student receiving special education services under Subchapter A,   including:                      (A)  occupational therapy, physical therapy, and   speech therapy; and                      (B)  private tutoring and other supplemental   private instruction or programs.          Sec. 29.042.  ESTABLISHMENT AND ADMINISTRATION OF PROGRAM.   (a) The agency by rule shall establish and administer a   supplemental special education services and instructional   materials program for students who meet the eligibility   requirements for participation in the program. Subject to   Subsection (c), the agency shall provide each student approved as   provided by this subchapter a grant of not more than $1,500 to   purchase supplemental special education services and supplemental   special education instructional materials.          (b)  In administering the program, the agency shall maintain   a system of online accounts to provide access to the grant described   by Subsection (a) to an eligible student's parent.          (c)  The commissioner shall set aside an amount not to exceed   $30 million from the total amount of funds appropriated for each   state fiscal year to fund the program under this section. For each   state fiscal year, the total amount provided for student grants   under Subsection (a) may not exceed the amount set aside by the   commissioner under this subsection.          (d)  The agency shall designate one or more regional   education service centers to administer the program.          Sec. 29.043.  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 29.042(b) and assigned to the student   under Section 29.045.          Sec. 29.044.  PROGRAM ELIGIBILITY CRITERIA. (a) The agency   shall establish eligibility criteria for the approval of an   application submitted under Section 29.043. The criteria must   require that the student be enrolled in the current school year at a   school district or open-enrollment charter school and in a   district's or school's special education program under Subchapter   A.          (b)  The eligibility criteria established under this section   must also prioritize students for whom a school district or   open-enrollment charter school is eligible for a compensatory   education allotment under Section 48.104.          Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF   ACCOUNT. Subject to available funding the agency shall approve   each student who meets the program eligibility criteria established   under Section 29.044 and assign to the student an account   maintained under Section 29.042(b). The account may only be used by   the student's parent to purchase supplemental special education   services or supplemental special education instructional materials   for the student, subject to Sections 29.046 and 29.047.          Sec. 29.046.  ACCOUNT USE RESTRICTION. (a) Money in an   account assigned to a student under Section 29.045 may be used only   for supplemental special education services and supplemental   special education instructional materials.          (b)  Supplemental special education services must be   provided by an agency-approved provider.          (c)  If the agency has approved vendors for a category of   instructional material under Section 29.047, instructional   materials must be purchased from an agency-approved vendor for that   category of instructional material. If the agency does not   establish criteria for agency approval for a category of   instructional materials, money in the student's account may be used   to purchase the instructional materials from any vendor.          Sec. 29.047.  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 special education   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, including providers of physical therapy, occupational   therapy, and speech therapy.          (c)  The agency shall provide a procedure for providers of   supplemental special education 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 special education   instructional materials identified by the agency.          (e)  If the agency establishes criteria for agency approval   for a vendor of a category of supplemental special education   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. 29.048.  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 special education   services that may be provided under the program under this   subchapter.          (b)  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   special education services available under the program and provided   by agency-approved providers for which an account maintained under   Section 29.042(b) for the student may be used; and                (2)  instructions regarding accessing an account   described by Subdivision (1).          Sec. 29.049.  RULES. The commissioner shall adopt rules as   necessary to administer the supplemental special education   services and instructional materials program under this   subchapter.          Sec. 29.050.  EXPIRATION. This subchapter expires September   1, 2024.          SECTION 2.  Not later than December 1, 2021, the   commissioner of education shall adopt all rules necessary for the   establishment and administration of the supplemental special   education services and instructional materials program required   under Subchapter A-1, Chapter 29, Education Code, as added by this   Act.          SECTION 3.  The Texas Education Agency is required to   implement a provision of this Act only if the legislature   appropriates money specifically for that purpose.  If the   legislature does not appropriate money specifically for that   purpose, the Texas Education Agency may, but is not required to,   implement a provision of this Act using other appropriations   available for that purpose.          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, 2021.             ______________________________ ______________________________      President of the Senate Speaker of the House                 I hereby certify that S.B. No. 1716 passed the Senate on   May 3, 2021, by the following vote: Yeas 21, Nays 9; and that the   Senate concurred in House amendments on May 29, 2021, by the   following vote: Yeas 22, Nays 9.       ______________________________   Secretary of the Senate                I hereby certify that S.B. No. 1716 passed the House, with   amendments, on May 26, 2021, by the following vote: Yeas 116,   Nays 26, two present not voting.       ______________________________   Chief Clerk of the House            Approved:     ______________________________                Date       ______________________________              Governor