By: Taylor S.B. No. 1716               A BILL TO BE ENTITLED   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 a   service or therapy that addresses an educational need of 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. The agency shall   provide each student approved as provided by this subchapter a   credit 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 credit   described by Subsection (a) to an eligible student's parent.          Sec. 29.043.  APPLICATION FOR CREDIT ON BEHALF OF STUDENT.   The agency shall establish an application process for an eligible   student's parent to apply for a credit 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; and          (b)  The eligibility criteria established under this section   must also prioritize:                (1)  students for whom a school district or   open-enrollment charter school is eligible for a compensatory   education allotment under Section 48.104;                (2)  students who have severe cognitive disabilities;   and                (3)  students who are eligible to be administered an   alternative assessment instrument under Section 39.023(b).          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, 29.047, and 29.048.          Sec. 29.047.  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 approved for the student   under Section 29.046.          (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 29.048, 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. 29.048.  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. 29.049.  RULES. The commissioner shall adopt rules as   necessary to administer the supplemental special education and   instructional materials program under this subchapter.          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.  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.