85R12457 MK-F     By: Huberty H.B. No. 23       A BILL TO BE ENTITLED   AN ACT   relating to a grant program to fund innovative programs for public   school students with autism.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.026 to read as follows:          Sec. 29.026.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS   WITH AUTISM. (a)  The commissioner shall establish a program to   award grants to school districts and open-enrollment charter   schools that provide innovative services to students with autism.     To participate in the program, a student must be at least three   years of age but younger than nine years of age.          (b)  A school district, including a school district acting   through a district charter issued under Subchapter C, Chapter 12,   and an open-enrollment charter school, including a charter school   that primarily serves students with disabilities, as provided under   Section 12.1014, may apply for a grant under this section.          (c)  A program is eligible for a grant under this section if:                (1)  the program operates as a separate campus from the   campus in which the program is located, with a separate budget and   principal;                (2)  the program incorporates:                      (A)  evidence-based and research-based design;                      (B)  the use of empirical data on student   achievement and improvement;                      (C)  parental support and collaboration;                      (D)  the use of technology;                      (E)  meaningful inclusion; and                      (F)  the ability to replicate the program for   students statewide; and                (3)  the program gives priority for enrollment to   students with autism.          (d)  A school district or open-enrollment charter school may   not:                (1)  charge a fee for the program, other than those   authorized by law for students in public schools;                (2)  require a parent to participate in the program; or                (3)  allow an admission, review, and dismissal   committee to place a student in the program without the consent of   the student's parent or guardian.           (e)  A program under this section may:                (1)  alter the length of the school day or school year   or the number of minutes of instruction received by students;                (2)  coordinate services with private or   community-based providers;                (3)  allow the enrollment of students without   disabilities or with other disabilities, if approved by the   commissioner; and                (4)  adopt staff qualifications and staff to student   ratios that differ from the applicable requirements of this title.          (f)  The commissioner shall adopt rules creating an   application and selection process for grants awarded under this   section.          (g)  The commissioner shall create an external panel of   stakeholders, including parents of students with disabilities, to   provide assistance in the selection of applications for the award   of grants under this section.          (h)  The commissioner shall award grants to fund not more   than 10 programs that meet the eligibility criteria under   Subsection (c).  In selecting programs, the commissioner shall   prioritize programs that are a collaboration between multiple   school districts and charter schools.  The selected programs must   reflect the geographic diversity of this state.           (i)  The commissioner shall select programs and award grant   funds to those programs beginning in the 2018-2019 school year.  The   selected programs are to be funded for five years.          (j)  A grant awarded to a school district or open-enrollment   charter school under this section is in addition to the foundation   school program funds that the district or charter school is   otherwise entitled to receive.          (k)  The commissioner shall set aside an amount not exceeding   $20 million from the total amount of funds appropriated to the   foundation school program for the 2018-2019 fiscal biennium to fund   grants under this section.  The commissioner shall use $10 million   for the purposes of this section for each school year in the state   fiscal biennium.  A grant recipient may not receive more than $1   million for the 2018-2019 fiscal biennium.  The commissioner shall   reduce each district's and charter school's allotment   proportionally to account for funds allocated under this section.          (l)  The commissioner and any program selected under this   section may accept gifts, grants, and donations from any public or   private source to implement and administer the program.          (m)  The commissioner may consider a student with autism who   is enrolled in a program funded under this section as funded in a   mainstream placement, regardless of the amount of time the student   receives services in a regular classroom setting.          (n)  Not later than December 31, 2021, the commissioner shall   publish a report on the grant program established under this   section.  The report must include:                (1)  recommendations for statutory or funding changes   necessary to implement successful innovations in the education of   students with autism; and                (2)  data on the academic and functional achievements   of students enrolled in a program that received a grant under this   section.          (o)  This section expires September 1, 2024.          SECTION 2.  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, 2017.