By: King of Hemphill, et al. H.B. No. 100         (Senate Sponsor - Creighton)          (In the Senate - Received from the House May 1, 2023;   May 2, 2023, read first time and referred to Committee on   Education; May 22, 2023, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 3;   May 22, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR H.B. No. 100 By:  King     A BILL TO BE ENTITLED   AN ACT     relating to public education and public school finance, including   the rights, certification, and compensation of public school   educators, contributions by a public school to the Teacher   Retirement System of Texas, and an education savings account   program for certain children.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:   ARTICLE 1. CHANGES GENERALLY APPLICABLE TO PUBLIC SCHOOLS EFFECTIVE   FOR 2023-2024 SCHOOL YEAR          SECTION 1.01.  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; and                      (Z)  establishing a local school health advisory   council in which members are appointed by the governing body of the   school and health education instruction complies with Section   28.004.          SECTION 1.02.  Sections 12.106(a-2) and (d), Education Code,   are amended to read as follows:          (a-2)  In addition to the funding provided by Subsection (a),   a charter holder is entitled to receive for the open-enrollment   charter school an allotment per student in average daily attendance   in an amount equal to the difference between:                (1)  the product of:                      (A)  the quotient of:                            (i)  the total amount of funding provided to   eligible school districts under Section 48.101(b) or (c); and                            (ii)  the total number of students in   average daily attendance in school districts that receive an   allotment under Section 48.101(b) or (c); and                      (B)  the sum of one and the quotient of:                            (i)  the total number of students in average   daily attendance in school districts that receive an allotment   under Section 48.101(b) or (c); and                            (ii)  the total number of students in   average daily attendance in school districts statewide; and                (2)  $460 [$125].          (d)  Subject to Subsection (e), in addition to other amounts   provided by this section, a charter holder is entitled to receive,   for the open-enrollment charter school, an annual allotment   [funding] per student in average daily attendance [in an amount]   equal to the basic allotment under Section 48.051 [guaranteed level   of state and local funds per student per cent of tax effort under   Section 46.032(a)] multiplied by 0.04 [the lesser of:                [(1)  the state average interest and sinking fund tax   rate imposed by school districts for the current year; or                [(2)  a rate that would result in a total amount to   which charter schools are entitled under this subsection for the   current year equal to $60 million].          SECTION 1.03.  Section 13.054, Education Code, is amended by   amending Subsection (f) and adding Subsections (i-1), (i-2), (i-3),   (i-4), and (i-5) to read as follows:          (f)  For five years beginning with the school year in which   the annexation occurs, a school district shall receive additional   funding under this subsection or Subsection (h).  The amount of   funding shall be determined by multiplying the lesser of the   enlarged district's local fund assignment computed under Section   48.256 or the enlarged district's total cost of tier one by a   fraction, the numerator of which is the number of students residing   in the territory annexed to the receiving district preceding the   date of the annexation and the denominator of which is the number of   students residing in the district as enlarged on the date of the   annexation, and multiplying the resulting product by the quotient   of the enlarged district's maximum compressed tax rate, as   determined under Section 48.2551, for the current school year   divided by the receiving district's maximum compressed tax rate, as   determined under Section 48.2551, for the year in which the   annexation occurred. The commissioner shall provide the funding   under this subsection from funds appropriated for purposes of the   Foundation School Program.  A determination by the commissioner   under this subsection is final and may not be appealed.          (i-1)  Notwithstanding any other law, a school district is   entitled to funding under Subsection (f) for an annexation that   occurs on or after June 1, 2013.          (i-2)  For each school district entitled to funding under   Subsection (f) as provided by Subsection (i-1) that, as of   September 1, 2023, has not received the full amount of funding to   which the district would have been entitled under Subsection (f) if   Subsection (i-1) had been in effect since June 1, 2013, the   commissioner shall:                (1)  determine the difference between:                      (A)  the amount of funding to which the district   would have been entitled under Subsection (f) if Subsection (i-1)   had been in effect since June 1, 2013; and                      (B)  the amount of funding the district has   received under Subsection (f); and                (2)  provide the amount determined under Subdivision   (1) to the district in the form of:                      (A)  a lump sum; or                      (B)  equal annual installments over a period not   to exceed three years.          (i-3)  In addition to the funding provided to a school   district under Subsection (i-2), the commissioner may allocate   money to the district from funds appropriated for purposes of the   Foundation School Program to pay for facilities improvements the   commissioner determines necessary as a result of the annexation.          (i-4)  Each school district that receives funding under   Subsection (f) as provided by Subsection (i-2) or under Subsection   (i-3) for any year shall submit to the commissioner in the form and   manner provided by commissioner rule a report on the district's use   of the funding for that year.          (i-5)  This subsection and Subsections (i-2), (i-3), and   (i-4) expire September 1, 2027.          SECTION 1.04.  Section 19.009(d-2), Education Code, is   amended to read as follows:          (d-2)  Beginning with the 2009-2010 school year, the   district shall increase the [monthly] salary of each classroom   teacher, full-time speech pathologist, full-time librarian,   full-time school counselor certified under Subchapter B, Chapter   21, and full-time school nurse employed by the district by the   greater of:                (1)  $80 per month; or                (2)  the maximum uniform amount per month that, when   combined with any resulting increases in the amount of   contributions made by the district for social security coverage for   the specified employees or by the district on behalf of the   specified employees under Section 825.405, Government Code, may be   provided using an amount equal to the product of $60 multiplied by   the number of students in weighted average daily attendance in the   district during the 2009-2010 school year.          SECTION 1.05.  Subchapter A, Chapter 21, Education Code, is   amended by adding Section 21.010 to read as follows:          Sec. 21.010.  TEACHER POSITION DATA COLLECTION. The agency   shall collect data from school districts and open-enrollment   charter schools for the recruitment and retention of classroom   teachers, including the classification, grade level, subject area,   duration, and other relevant information regarding vacant teaching   positions in a district or school. The data may be collected using   the Public Education Information Management System (PEIMS) or   another reporting mechanism specified by the agency.          SECTION 1.06.  Subchapter B, Chapter 21, Education Code, is   amended by adding Section 21.0411 to read as follows:          Sec. 21.0411.  WAIVER OR PAYMENT OF CERTAIN EXAMINATION AND   CERTIFICATION FEES. (a) Notwithstanding a rule adopted under   Section 21.041(c), the board shall, for a person applying for a   certification in special education, bilingual education, or   another area specified by the General Appropriations Act, waive:                (1)  a certification examination fee imposed by the   board for the first administration of the examination to the   person; and                (2)  a fee associated with the application for   certification by the person.          (b)  The board shall pay to a vendor that administers a   certification examination described by Subsection (a) a fee   assessed by that vendor for the examination of a person applying for   a certification described by Subsection (a) for the first   administration of the examination to the person.          SECTION 1.07.  Section 21.054, Education Code, is amended by   amending Subsections (a) and (i) and adding Subsection (i-1) to   read as follows:          (a)  The board shall propose rules establishing a process for   identifying continuing education courses and programs that fulfill   educators' continuing education requirements, including   opportunities for educators to receive micro-credentials, as   provided by Subsection (i), in:                (1)  fields of study related to the educator's   certification class; or                (2)  digital teaching [as provided by Subsection (i)].          (i)  The board shall propose rules establishing a program to   issue micro-credentials in fields of study related to an educator's   certification class or in digital teaching. The agency shall   approve continuing education providers to offer micro-credential   courses. A micro-credential received by an educator shall be   recorded on the agency's Educator Certification Online System   (ECOS) and included as part of the educator's public certification   records.          (i-1)  In proposing rules under Subsection (i) for   micro-credentials related to digital teaching, the board shall   engage relevant stakeholders.           SECTION 1.08.  Section 21.105, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e), [and] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher   employed under a probationary contract who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.          (g)  The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a probationary contract and leaves   the employment of the district after the 45th day before the first   day of instruction for the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                (1)  a serious illness or health condition of the   teacher or a close family member of the teacher;                (2)  the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                      (A)  relocate; or                       (B)  forgo employment during a period of required   employment under the teacher's contract; or                (4)  the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 1.09.  Section 21.160, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e), [and] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher who   is employed under a continuing contract that obligates the district   to employ the person for the following school year and who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.          (g)  The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a continuing contract and leaves the   employment of the district after the 45th day before the first day   of instruction of the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                (1)  a serious illness or health condition of the   teacher or a close family member of the teacher;                (2)  the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                      (A)  relocate; or                       (B)  forgo employment during a period of required   employment under the teacher's contract; or                (4)  the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 1.10.  Section 21.210, Education Code, is amended by   amending Subsection (c) and adding Subsection (g) to read as   follows:          (c)  Subject to Subsections (e), [and] (f), and (g), on   written complaint by the employing district, the State Board for   Educator Certification may impose sanctions against a teacher who   is employed under a term contract that obligates the district to   employ the person for the following school year and who:                (1)  resigns;                (2)  fails without good cause to comply with Subsection   (a) or (b); and                (3)  fails to perform the contract.          (g)  The State Board for Educator Certification may not   impose a sanction under Subsection (c) against a teacher who   relinquishes a position under a term contract and leaves the   employment of the district after the 45th day before the first day   of instruction of the upcoming school year in violation of   Subsection (a) and without the consent of the board of trustees   under Subsection (b) if the teacher's failure to comply with   Subsection (a) was due to:                (1)  a serious illness or health condition of the   teacher or a close family member of the teacher;                (2)  the teacher's relocation because the teacher's   spouse or a partner who resides with the teacher changes employers;                (3)  a significant change in the needs of the teacher's   family in a manner that requires the teacher to:                      (A)  relocate; or                       (B)  forgo employment during a period of required   employment under the teacher's contract; or                (4)  the teacher's reasonable belief that the teacher   had written permission from the school district's administration to   resign.          SECTION 1.11.  Section 21.257, Education Code, is amended by   amending Subsection (a) and adding Subsection (f) to read as   follows:          (a)  Except as provided by Subsection (f), not [Not] later   than the 60th day after the date on which the commissioner receives   a teacher's written request for a hearing, the hearing examiner   shall complete the hearing and make a written recommendation that:                (1)  includes proposed findings of fact and conclusions   of law; and                (2)  may include a proposal for granting relief.          (f)  The hearing examiner may dismiss a hearing before   completing the hearing or making a written recommendation if:                (1)  the teacher requests the dismissal;                (2)  the school district withdraws the proposed   decision that is the basis of the hearing; or                (3)  the teacher and school district request the   dismissal after reaching a settlement regarding the proposed   decision that is the basis of the hearing.          SECTION 1.12.  Sections 21.3521(a), (c), and (e), Education   Code, are amended to read as follows:          (a)  Subject to Subsection (b), a school district or   open-enrollment charter school may designate a classroom teacher as   a master, exemplary, [or] recognized, or acknowledged teacher for a   five-year period based on the results from single year or multiyear   appraisals that comply with Section 21.351 or 21.352.          (c)  Notwithstanding performance standards established   under Subsection (b), a classroom teacher that holds a National   Board Certification issued by the National Board for Professional   Teaching Standards may be designated as nationally board certified   [recognized].          (e)  The agency shall develop and provide technical   assistance for school districts and open-enrollment charter   schools that request assistance in implementing a local optional   teacher designation system, including:                (1)  providing assistance in prioritizing high needs   campuses;                (2)  providing examples or models of local optional   teacher designation systems to reduce the time required for a   district or school to implement a teacher designation system;                (3)  establishing partnerships between districts and   schools that request assistance and districts and schools that have   implemented a teacher designation system;                (4)  applying the performance and validity standards   established by the commissioner under Subsection (b);                (5)  providing centralized support for the analysis of   the results of assessment instruments administered to district   students; and                (6)  facilitating effective communication on and   promotion of local optional teacher designation systems.          SECTION 1.13.  Subchapter H, Chapter 21, Education Code, is   amended by adding Section 21.3522 to read as follows:          Sec. 21.3522.  LOCAL OPTIONAL TEACHER DESIGNATION SYSTEM   GRANT PROGRAM.  (a)  From funds appropriated or otherwise   available for the purpose, the agency shall establish and   administer a grant program to provide money and technical   assistance to:                (1)  expand implementation of local optional teacher   designation systems under Section 21.3521; and                (2)  increase the number of classroom teachers eligible   for a designation under that section.          (b)  A grant awarded under this section must:                (1)  meet the needs of individual school districts; and                (2)  enable regional leadership capacity.          (c)  The commissioner may adopt rules to establish and   administer the grant program under this section.          SECTION 1.14.  Section 21.402, Education Code, is amended by   amending Subsections (a) and (g) and adding Subsections (a-1),   (c-2), (i), (j), and (k) to read as follows:          (a)  Except as provided by Subsection (c-2) [(e-1) or (f)], a   school district must pay each employee who is employed as a   classroom teacher, full-time librarian, full-time school counselor   certified under Subchapter B, or full-time school nurse not less   than the highest annual minimum [minimum monthly] salary described   by the following schedule applicable to [, based on] the employee's   certification, if any, and years [level] of experience:                (1)  for an employee with less than five years of   experience who:                      (A)  holds no certification  $35,000;                      (B)  holds a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B  $37,000;                      (C)  holds the base certificate required under   Section 21.003(a) for employment in the employee's position other   than a certificate described by Paragraph (B)  $40,000;                      (D)  holds a designation under Section 21.3521     $43,000; or                      (E)  holds a residency educator certificate or has   successfully completed a residency partnership program under   Subchapter R $43,000;                (2)  for an employee with at least five years of   experience who holds:                      (A)  no certification  $45,000;                      (B)  a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B  $47,000;                      (C)  the base certificate required under Section   21.003(a) for employment in the employee's position other than a   certificate described by Paragraph (B)  $50,000; or                      (D)  a designation under Section 21.3521     $53,000; or                (3)  for an employee with at least 10 years of   experience who holds:                      (A)  no certification  $55,000;                      (B)  a teacher intern, teacher trainee, or   probationary certificate issued under Subchapter B  $57,000;                      (C)  the base certificate required under Section   21.003(a) for employment in the employee's   position . . .. $60,000; or                      (D)  a designation under Section 21.3521   $63,000 [in addition to other factors, as determined by   commissioner rule, determined by the following formula:   [MS = SF x FS   [where:          ["MS" is the minimum monthly salary;          ["SF" is the applicable salary factor specified by Subsection   (c); and          ["FS" is the amount, as determined by the commissioner under   Subsection (b), of the basic allotment as provided by Section   48.051(a) or (b) for a school district with a maintenance and   operations tax rate at least equal to the state maximum compressed   tax rate, as defined by Section 48.051(a)].          (a-1)  For purposes of Subsection (a), a full-time school   nurse is considered to hold the base certificate required under   Section 21.003(a) for employment as a school nurse, regardless of   the other certifications held by the nurse.          (c-2)  A school district is not required to pay an employee   who is employed as a classroom teacher, full-time librarian,   full-time school counselor certified under Subchapter B, or   full-time school nurse the minimum salary required under Subsection   (a) for the school year following a school year during which the   district reviews the employee's performance and finds the   employee's performance unsatisfactory.          (g)  The commissioner may adopt rules to govern the   application of this section, including rules that:                (1)  require the payment of a minimum salary under this   section to a person employed in more than one capacity for which a   minimum salary is provided and whose combined employment in those   capacities constitutes full-time employment; and                (2)  specify the credentials a person must hold to be   considered a [speech pathologist or] school nurse under this   section.          (i)  A school district that increases employee compensation   in the 2023-2024 school year to comply with Subsection (a), as   amended by H.B. 100, Acts of the 88th Legislature, Regular Session,   2023, is providing compensation for services rendered   independently of an existing employment contract applicable to that   year and is not in violation of Section 53, Article III, Texas   Constitution. A school district that does not meet the   requirements of Subsection (a) in the 2023-2024 school year may   satisfy the requirements of this section by providing an employee a   one-time bonus payment during the 2024-2025 school year in an   amount equal to the difference between the compensation earned by   the employee during the 2023-2024 school year and the compensation   the employee should have received during that school year if the   district had complied with Subsection (a).          (j)  Notwithstanding the minimum salary schedule under   Subsection (a), a school district that increases the amount a   classroom teacher, full-time librarian, full-time school counselor   certified under Subchapter B, or full-time school nurse is   compensated during the 2023-2024 school year by at least $8,000   more than the amount the employee was compensated during the   2022-2023 school year complies with the requirements of this   section for the 2023-2024 school year.          (k)  Subsections (i) and (j) and this subsection expire   September 1, 2025.          SECTION 1.15.  The heading to Section 21.403, Education   Code, is amended to read as follows:          Sec. 21.403.  DETERMINATION OF YEARS OF EXPERIENCE   [PLACEMENT ON MINIMUM SALARY SCHEDULE].          SECTION 1.16.  Sections 21.403(b) and (c), Education Code,   are amended to read as follows:          (b)  For each year of work experience required for   certification in a career or technological field, up to a maximum of   two years, a certified career or technology education teacher is   entitled to [salary step] credit as if the work experience were   teaching experience.          (c)  The commissioner shall adopt rules for determining the   experience for which a teacher, librarian, school counselor, or   nurse is to be given credit for purposes of the minimum salary   schedule under Section 21.402(a) [in placing the teacher,   librarian, school counselor, or nurse on the minimum salary   schedule].  A district shall credit the teacher, librarian, school   counselor, or nurse for each year of experience without regard to   whether the years are consecutive.          SECTION 1.17.  Subchapter I, Chapter 21, Education Code, is   amended by adding Sections 21.416 and 21.417 to read as follows:          Sec. 21.416.  EMPLOYED RETIREE TEACHER REIMBURSEMENT GRANT   PROGRAM. (a)  From funds appropriated or otherwise available, the   commissioner shall establish and administer a grant program to   award funds to reimburse a school district, an open-enrollment   charter school, the Windham School District, the Texas School for   the Deaf, or the Texas School for the Blind and Visually Impaired   that hires a teacher, including an educator who provides services   related to special education, who retired before September 1, 2022,   for the increased contributions to the Teacher Retirement System of   Texas associated with hiring the retired teacher.          (b)  In appropriating money for grants awarded under this   section, the legislature may provide for, modify, or limit amounts   appropriated for that purpose in the General Appropriations Act,   including by:                 (1)  providing, notwithstanding Subsection (a), a date   or date range other than September 1, 2022, before which a teacher   must have retired for a school district, an open-enrollment charter   school, the Windham School District, the Texas School for the Deaf,   or the Texas School for the Blind and Visually Impaired that hires   the teacher to be eligible; or                (2)  limiting eligibility to a school district or   open-enrollment charter school that hires a retired teacher:                      (A)  who holds a certain certification;                      (B)  to teach a certain subject or grade;                       (C)  in a certain geographical area; or                      (D)  to provide instruction to certain students,   including to students with disabilities.          (c)  The commissioner shall proportionally reduce the amount   of funds awarded to school districts, open-enrollment charter   schools, the Windham School District, the Texas School for the   Deaf, and the Texas School for the Blind and Visually Impaired under   this section if the number of grant applications by eligible   districts or schools exceeds the number of grants the commissioner   could award with the money appropriated or otherwise available for   the purpose.          (d)  A school district, an open-enrollment charter school,   the Windham School District, the Texas School for the Deaf, or the   Texas School for the Blind and Visually Impaired may use funds   received under this section to make required payments under Section   825.4092, Government Code.          Sec. 21.417.  RESOURCES, INCLUDING LIABILITY INSURANCE, FOR   CLASSROOM TEACHERS. (a)  From funds appropriated or otherwise   available for the purpose, the agency shall contract with a third   party to provide the following services for a classroom teacher   employed under a probationary, continuing, or term contract:                (1)  assistance in understanding the teacher's rights,   duties, and benefits; and                (2)  liability insurance to protect a teacher against   liability to a third party based on conduct that the teacher   allegedly engaged in during the course of the teacher's duties.          (b)  A school district may not interfere with a classroom   teacher's access to services provided under this section.          (c)  A contract entered into by the agency to provide   services under Subsection (a) must prohibit the entity with which   the agency contracts from using funds received under the contract   to engage in:                (1)  conduct that a state agency using appropriated   money is prohibited from engaging in under Chapter 556, Government   Code; and                (2)  political activities or advocate for issues   regarding public schools, including for boards of trustees of   school districts or school districts.          (d)  This section may not be interpreted to interfere with a   classroom teacher's or other school district employee's exercise of   a right protected by the First Amendment to the United States   Constitution.          SECTION 1.18.  Section 21.4552(d), Education Code, is   amended to read as follows:          (d)  From funds appropriated for that purpose, a teacher who   attends a literacy achievement academy is entitled to receive a   stipend in the amount determined by the commissioner.  A stipend   received under this subsection is not considered in determining   whether a school district is paying the teacher the minimum   [monthly] salary under Section 21.402.          SECTION 1.19.  Section 21.4553(d), Education Code, is   amended to read as follows:          (d)  From funds appropriated for that purpose, a teacher who   attends a mathematics achievement academy is entitled to receive a   stipend in the amount determined by the commissioner.  A stipend   received under this subsection is not considered in determining   whether a district is paying the teacher the minimum [monthly]   salary under Section 21.402.          SECTION 1.20.  Section 21.4555(f), Education Code, is   amended to read as follows:          (f)  From funds available for that purpose, a teacher who   attends a civics training program may receive a stipend in an amount   determined by the commissioner.  A stipend received under this   section is not included in determining whether a district is paying   the teacher the minimum [monthly] salary under Section 21.402.          SECTION 1.21.  Subchapter J, Chapter 21, Education Code, is   amended by adding Sections 21.466 and 21.467 to read as follows:          Sec. 21.466.  TEACHER QUALITY ASSISTANCE. (a) From funds   appropriated or otherwise available for the purpose, the agency   shall develop training for and provide technical assistance to   school districts and open-enrollment charter schools regarding:                (1)  strategic compensation, staffing, and scheduling   efforts that improve professional growth, teacher leadership   opportunities, and staff retention;                (2)  programs that encourage high school students or   other members of the community in the area served by the district to   become teachers, including available teacher apprenticeship   programs; and                (3)  programs or strategies that school leaders may use   to establish clear and attainable behavior expectations while   proactively supporting students.          (b)  From funds appropriated or otherwise available, the   agency shall provide grants to school districts and open-enrollment   charter schools to implement initiatives developed under this   section.          Sec. 21.467.  TEACHER TIME STUDY. (a) From funds   appropriated or otherwise available for the purpose, the agency   shall develop and maintain a technical assistance program to   support school districts and open-enrollment charter schools in:                (1)  studying how the district's or school's staff and   student schedules, required noninstructional duties for classroom   teachers, and professional development requirements for educators   are affecting the amount of time classroom teachers work each week;   and                (2)  refining the schedules for students or staff as   necessary to ensure teachers have sufficient time during normal   work hours to fulfill all job duties, including addressing the   needs of students.          (b)  The agency shall periodically make findings and   recommendations for best practices publicly available using   information from participating school districts and   open-enrollment charter schools.          SECTION 1.22.  Chapter 21, Education Code, is amended by   adding Subchapter R to read as follows:   SUBCHAPTER R. TEXAS TEACHER RESIDENCY PARTNERSHIP PROGRAM          Sec. 21.901.  DEFINITIONS. In this subchapter:                (1)  "Board" means the State Board for Educator   Certification.                (2)  "Cooperating teacher" means a classroom teacher   who:                      (A)  has at least three full school years of   teaching experience with a superior record of assisting students in   achieving improvement in student performance;                      (B)  is employed by a school district or   open-enrollment charter school participating in a partnership   program under this subchapter and paired with a partnership   resident at the district or school; and                      (C)  provides coaching to a partnership resident   in the teacher's classroom.                (3)  "Partnership program" means a Texas Teacher   Residency Partnership Program established at a school district or   open-enrollment charter school in accordance with this subchapter.                (4)  "Partnership resident" means a person enrolled in   a qualified educator preparation program participating in a   partnership program as a candidate for educator certification.                (5)  "Qualified educator preparation program" means an   educator preparation program approved in accordance with rules   proposed under Section 21.903.          Sec. 21.902.  ESTABLISHMENT OF PARTNERSHIP PROGRAM. (a)   The commissioner shall establish the Texas Teacher Residency   Partnership Program to enable qualified educator preparation   programs to form partnerships with school districts or   open-enrollment charter schools to provide residency positions to   partnership residents at the district or school.          (b)  The partnership program must be designed to:                (1)  allow partnership residents to receive   field-based experience working with cooperating teachers in   prekindergarten through grade 12 classrooms; and                (2)  gradually increase the amount of time a   partnership resident spends engaging in instructional   responsibilities, including observation, co-teaching, and   lead-teaching responsibilities.          Sec. 21.903.  QUALIFIED EDUCATOR PREPARATION PROGRAMS. The   board shall propose rules specifying the requirements for board   approval of an educator preparation program as a qualified educator   preparation program for purposes of this subchapter.  The rules   must require an educator preparation program to:                (1)  use research-based best practices for recruiting   and admitting candidates into the educator preparation program to   participate in the partnership program;                (2)  integrate curriculum, classroom practice, and   formal observation and feedback;                (3)  use multiple assessments to measure a partnership   resident's progress in the partnership program; and                (4)  partner with a school district or open-enrollment   charter school.          Sec. 21.904.  REQUIREMENTS FOR PARTICIPATING DISTRICTS AND   SCHOOLS. (a)  A school district or open-enrollment charter school   participating in the partnership program shall:                (1)  enter into a written agreement with a qualified   educator preparation program to:                      (A)  provide a partnership resident with at least   one school year of clinical teaching in a residency position at the   district or school in the subject area and grade level for which the   resident seeks certification; and                      (B)  pair the partnership resident with a   cooperating teacher;                (2)  specify the amount of money the district receives   under Section 48.157 that the district will provide to the program;                (3)  only use money received under Section 48.157 to:                      (A)  implement the partnership program;                      (B)  provide compensation to:                            (i)  partnership residents in residency   positions at the district or school; and                            (ii)  cooperating teachers who are paired   with partnership residents at the district or school; and                      (C)  provide an amount equal to at least 10   percent of the funding received by the district or school to the   qualified educator preparation program with which the district or   school partners;                (4)  pay at least 50 percent of the compensation paid to   partnership residents using money other than money received under   Section 48.157; and                (5)  provide any information required by the agency   regarding the district's or school's implementation of the program.          (b)  A school district or open-enrollment charter school may   only pair a partnership resident with a cooperating teacher who   agrees to participate in that role in a partnership program at the   district or school partnership program.          (c)  A partnership resident may not serve as a teacher of   record, as that term is defined by Section 21.051.          Sec. 21.905.  RESIDENCY EDUCATOR CERTIFICATE. The board   shall propose rules specifying the requirements for the issuance of   a residency educator certificate to a candidate who has   successfully completed a qualified educator preparation program   under Section 21.903.  The rules may not require the resident to   pass a pedagogy examination unless the examination tests   subject-specific content appropriate for the grade and subject area   for which the candidate seeks certification.          Sec. 21.906.  AGENCY SUPPORT. The agency shall provide   technical assistance, planning, and support to school districts,   open-enrollment charter schools, and qualified educator   preparation programs, which must include:                (1)  providing model forms and agreements a district,   school, or educator preparation program may use to comply with the   requirements of this subchapter; and                (2)  support for district and school strategic staffing   and compensation models to incentivize participation in a   partnership program.          Sec. 21.907.  AUTHORITY TO ACCEPT CERTAIN FUNDS. The   commissioner may solicit and accept gifts, grants, and donations   from public and private entities to use for the purposes of this   subchapter.          Sec. 21.908.  RULES. (a) The board shall propose rules   necessary to implement this subchapter, including rules under   Sections 21.903 and 21.905.          (b)  The commissioner shall adopt rules as necessary to   implement this subchapter using negotiated rulemaking procedures   under Chapter 2008, Government Code.          SECTION 1.23.  The heading to Section 22.001, Education   Code, is amended to read as follows:          Sec. 22.001.   SALARY DEDUCTIONS FOR PROFESSIONAL OR OTHER   DUES.          SECTION 1.24.  Sections 22.001(a) and (b), Education Code,   are amended to read as follows:          (a)  A school district employee is entitled to have an amount   deducted from the employee's salary for membership fees or dues to a   professional organization or an entity providing services to   classroom teachers under Section 21.417.  The employee must:                (1)  file with the district a signed written request   identifying the organization or entity [and specifying the number   of pay periods per year the deductions are to be made]; and                (2)  inform the district of the total amount of the fees   and dues for each year or have the organization or entity notify the   district of the amount.          (b)  The district shall deduct the total amount of the fees   or dues for a year in equal amounts per pay period [for the number of   periods specified by the employee].  The district shall notify the   employee not later than the 45th day after the district receives a   request under Subsection (a) of the number of pay periods annually   from which the district will deduct the fees or dues.  The   deductions shall be made until the employee requests in writing   that the deductions be discontinued.          SECTION 1.25.  Section 25.001(h), Education Code, is amended   to read as follows:          (h)  In addition to the penalty provided by Section 37.10,   Penal Code, a person who knowingly falsifies information on a form   required for enrollment of a student in a school district is liable   to the district if the student is not eligible for enrollment in the   district but is enrolled on the basis of the false information.  The   person is liable, for the period during which the ineligible   student is enrolled, for [the greater of:                [(1)  the maximum tuition fee the district may charge   under Section 25.038; or                [(2)]  the amount the district has budgeted for each   student as maintenance and operating expenses.          SECTION 1.26.  Section 25.036, Education Code, is amended to   read as follows:          Sec.  25.036.  TRANSFER OF STUDENT.  (a)  Any child, other   than a high school graduate, who is younger than 21 years of age and   eligible for enrollment on September 1 of any school year may apply   to transfer for in-person instruction annually from the child's   school district of residence to another district in this state [if   both the receiving district and the applicant parent or guardian or   person having lawful control of the child jointly approve and   timely agree in writing to the transfer].          (b)  A transfer application approved [agreement] under this   section shall be filed and preserved as a receiving district record   for audit purposes of the agency.          (c)  A school district may deny approval of a transfer under   this section only 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 after the district   has filled available positions in accordance with Subsection (e)   and has satisfied the requirement provided under Subsection (f);                (2)  before the application deadline for the applicable   school year, the district adopted a policy that provides for the   exclusion of a student who has a documented history of a criminal   offense, a juvenile court adjudication, or discipline problems   under Subchapter A, Chapter 37, and the student meets the   conditions for exclusion under the policy; or                (3)  approving the transfer would supersede a   court-ordered desegregation plan.          (d)  For the purpose of determining whether a school in a   school district is at full student capacity under Subsection   (c)(1), the district may not consider equity as a factor in the   district's decision-making process.          (e)  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:                      (A)  do not reside in the district but were   enrolled in the district in the preceding school year; or                      (B)  are dependents of an employee of the   receiving district; and                (2)  students:                      (A)  receiving special education services under   Subchapter A, Chapter 29;                      (B)  who are dependents of military personnel;                      (C)  who are dependents of law enforcement   personnel;                      (D)  in foster care;                      (E)  who are the subject of court-ordered   modification of an order establishing conservatorship or   possession and access; or                      (F)  who are siblings of a student who is enrolled   in the receiving district at the time the student seeks to transfer.          (f)  A school district may deny approval of a transfer under   Subsection (c)(1) only if the district publishes and annually   updates the district's full student capacity by campus.          (g)  A receiving school district may, but is not required to,   provide transportation to a student who transfers to the receiving   district under this section.          (h)  A receiving school district may revoke, at any time   during the school year, the approval of the student's transfer only   if:                (1)  the student engages in conduct:                      (A)  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                      (B)  for which a student is required or permitted   to be expelled from school under Section 37.007; and                (2)  before revoking approval of the student's   transfer, the district ensures the student is afforded appropriate   due process and complies with any requirements of state law or   district policy relating to the expulsion of a student to the same   extent as if the student were being expelled under Section 37.007.          SECTION 1.27.  Section 25.038, Education Code, is amended to   read as follows:          Sec. 25.038.  TUITION FEE FOR TRANSFER STUDENTS PAID BY   SCHOOL DISTRICT.  (a) Except as provided by Subsection (b), a   [The] receiving school district may charge a tuition fee to another   school district, if the receiving district has contracted with the   other district to educate the other district's students, to the   extent that the district's actual expenditure per student in   average daily attendance, as determined by its board of trustees,   exceeds the sum the district benefits from state aid sources as   provided by Section 25.037.  However, unless a tuition fee is   prescribed and set out in a transfer agreement before its execution   by the parties, an increase in tuition charge may not be made for   the year of that transfer that exceeds the tuition charge, if any,   of the preceding school year.          (b)  A school district may not charge a tuition fee under   this section for a student transfer authorized under Section   25.036.          SECTION 1.28.  Subchapter C, Chapter 25, Education Code, is   amended by adding Section 25.0813 to read as follows:          Sec. 25.0813.  FIVE-DAY SCHOOL WEEK SCHEDULE. (a) A school   district must operate a school week of not fewer than five   instructional days for at least two-thirds of the weeks the   district operates during the school year.          (b)  Subsection (a) does not apply to:                (1)  a school district specifically authorized by other   law to operate a school week of fewer than five instructional days;   or                (2)  a school district that before May 1, 2023, adopted   for the 2023-2024 school year a four-day school week schedule.          SECTION 1.29.  Section 29.153(b), Education Code, is amended   to read as follows:          (b)  A child is eligible for enrollment in a prekindergarten   class under this section if the child is at least three years of age   and:                (1)  is unable to speak and comprehend the English   language;                (2)  is educationally disadvantaged;                (3)  is homeless, regardless of the residence of the   child, of either parent of the child, or of the child's guardian or   other person having lawful control of the child;                (4)  is the child of an active duty member of the armed   forces of the United States, including the state military forces or   a reserve component of the armed forces, who is ordered to active   duty by proper authority;                (5)  is the child of a member of the armed forces of the   United States, including the state military forces or a reserve   component of the armed forces, who was injured or killed while   serving on active duty;                (6)  is or ever has been in:                      (A)  the conservatorship of the Department of   Family and Protective Services following an adversary hearing held   as provided by Section 262.201, Family Code; or                      (B)  foster care in another state or territory, if   the child resides in this state; [or]                (7)  is the child of a person eligible for the Star of   Texas Award as:                      (A)  a peace officer under Section 3106.002,   Government Code;                      (B)  a firefighter under Section 3106.003,   Government Code; or                      (C)  an emergency medical first responder under   Section 3106.004, Government Code; or                (8)  is the child of a person employed as a classroom   teacher at a public primary or secondary school in the school   district that offers a prekindergarten class under this section.          SECTION 1.30.  Section 29.934(d), Education Code, is amended   to read as follows:          (d)  To be designated as a resource campus, the campus must:                (1)  implement a targeted improvement plan as described   by Chapter 39A and establish a school community partnership team;                (2)  adopt an accelerated campus excellence turnaround   plan as provided by Section 39A.105(b) and ensure that from the date   of the adoption of the plan, not less than 20 percent of the   classroom teachers assigned to the campus who teach subjects   included in the foundation curriculum under Section 28.002(a)(1)   hold a current designation under Section 21.3521 [except that a   classroom teacher who satisfies the requirements for demonstrated   instructional effectiveness under Section 39A.105(b)(3) must also   hold a current designation assigned under Section 21.3521];                (3)  be in a school district that has adopted an   approved local optional teacher designation system under Section   21.3521;                (4)  satisfy certain staff criteria by:                      (A)  requiring a principal or teacher employed at   the campus before the designation to apply for a position to   continue at the campus;                      (B)  for a subject in the foundation curriculum,    employing only teachers who have at least two [three] years of   teaching experience;                      (C)  employing at least one school counselor for   every 300 students; and                      (D)  employing at least one appropriately   licensed professional to assist with the social and emotional needs   of students and staff, who must be a:                            (i)  family and community liaison;                            (ii)  clinical social worker;                            (iii)  specialist in school psychology; or                            (iv)  professional counselor;                (5)  implement a positive behavior program as provided   by Section 37.0013;                (6)  implement a family engagement plan as described by   Section 29.168;                (7)  develop and implement a plan to use high quality   instructional materials;                (8)  if the campus is an elementary campus, operate the   campus for a school year that qualifies for funding under Section   48.0051; and                (9)  annually submit to the commissioner data and   information required by the commissioner to assess fidelity of   implementation.          SECTION 1.31.  Section 30.003, Education Code, is amended by   amending Subsections (b) and (f-1) and adding Subsection (b-1) to   read as follows:          (b)  If the student is admitted to the school for a full-time   program for the equivalent of two long semesters, the district's   share of the cost is an amount equal to the dollar amount of   maintenance and debt service taxes imposed by the district for that   year, subject to Subsection (b-1), divided by the district's   average daily attendance for the preceding year.          (b-1)  For purposes of Subsection (b), the commissioner   shall reduce the dollar amount of maintenance and debt service   taxes imposed by the district for a year by the amount, if any, by   which the district is required to reduce the district's local   revenue level under Section 48.257 for that year.          (f-1)  The commissioner shall determine the total amount   that the Texas School for the Blind and Visually Impaired and the   Texas School for the Deaf would have received from school districts   in accordance with this section if the following provisions had not   reduced the districts' share of the cost of providing education   services:                (1)  H.B. No. 1, Acts of the 79th Legislature, 3rd   Called Session, 2006;                (2)  Subsection (b-1) of this section;                (3)  Section 45.0032;                (4) [(3)]  Section 48.255; and                (5) [(4)]  Section 48.2551.          SECTION 1.32.  Section 30.102(b), Education Code, is amended   to read as follows:          (b)  A classroom teacher, full-time librarian, full-time   school counselor certified under Subchapter B, Chapter 21, or   full-time school nurse employed by the department is entitled to   receive as a minimum salary the [monthly] salary specified by   Section 21.402. A classroom teacher, full-time librarian,   full-time school counselor, or full-time school nurse may be paid,   from funds appropriated to the department, a salary in excess of the   minimum specified by that section, but the salary may not exceed the   rate of pay for a similar position in the public schools of an   adjacent school district.          SECTION 1.33.  Section 33.009(h), Education Code, is amended   to read as follows:          (h)  From funds appropriated for that purpose, a school   counselor who attends the academy under this section is entitled to   receive a stipend in the amount determined by the coordinating   board. If funds are available after all eligible school counselors   have received a stipend under this subsection, the coordinating   board shall pay a stipend in the amount determined by the   coordinating board to a teacher who attends the academy under this   section. A stipend received under this subsection is not   considered in determining whether a district is paying the school   counselor or teacher the minimum [monthly] salary under Section   21.402.          SECTION 1.34.  Section 37.002, Education Code, is amended by   amending Subsections (b), (c), and (d) and adding Subsections   (b-2), (f), and (g) to read as follows:          (b)  A teacher may remove from class a student who:                (1)  interferes [who has been documented by the teacher   to repeatedly interfere] with the teacher's ability to communicate   effectively with the students in the class or with the ability of   the student's classmates to learn; [or]                (2)  demonstrates [whose] behavior that is unruly,   disruptive, or abusive toward the teacher or another adult or   another student; or                (3)  engages in conduct that constitutes bullying, as   defined by Section 37.0832 [determines is so unruly, disruptive, or   abusive that it seriously interferes with the teacher's ability to   communicate effectively with the students in the class or with the   ability of the student's classmates to learn].          (b-2)  A teacher, campus behavior coordinator, or other   appropriate administrator shall notify a parent or person standing   in parental relation to a student of the removal of a student under   this section.          (c)  If a teacher removes a student from class under   Subsection (b), the principal may place the student into another   appropriate classroom, into in-school suspension, or into a   disciplinary alternative education program as provided by Section   37.008.  The principal may not return the student to that teacher's   class without the teacher's written consent unless the committee   established under Section 37.003 determines that such placement is   the best or only alternative available. The principal may not   return the student to that teacher's class, regardless of the   teacher's consent, until a return to class plan has been prepared   for that student. The principal may only designate an employee of   the school whose primary duties do not include classroom   instruction to create a return to class plan. The terms of the   removal may prohibit the student from attending or participating in   school-sponsored or school-related activity.          (d)  A teacher shall remove from class and send to the   principal for placement in a disciplinary alternative education   program or for expulsion, as appropriate, a student who engages in   conduct described under Section 37.006 or 37.007. The student may   not be returned to that teacher's class without the teacher's   written consent unless the committee established under Section   37.003 determines that such placement is the best or only   alternative available.  If the teacher removed the student from   class because the student has engaged in the elements of any offense   listed in Section 37.006(a)(2)(B) or Section 37.007(a)(2)(A) or   (b)(2)(C) against the teacher, the student may not be returned to   the teacher's class without the teacher's consent. The teacher may   not be coerced to consent.          (f)  A student may appeal the student's removal from class   under this section to:                 (1)  the school's placement review committee   established under Section 37.003; or                (2)  the safe and supportive school team established   under Section 37.115, in accordance with a district policy   providing for such an appeal to be made to the team.          (g)  Section 37.004 applies to the removal or placement under   this section of a student with a disability who receives special   education services.          SECTION 1.35.  Sections 48.0051(a), (b), and (d), Education   Code, are amended to read as follows:          (a)  The [Subject to Subsection (a-1), the] commissioner   shall adjust the average daily attendance of a school district or   open-enrollment charter school under Section 48.005 in the manner   provided by Subsection (b) if the district or school:                (1)  provides the minimum number of minutes of   operational and instructional time required under Section 25.081   and commissioner rules adopted under that section over at least 175   [180] days of instruction; and                (2)  offers an additional 30 days of half-day   instruction for students enrolled in prekindergarten through fifth   grade.          (b)  For a school district or open-enrollment charter school   described by Subsection (a), the commissioner shall increase the   average daily attendance of the district or school under Section   48.005 by the amount that results from the quotient of the sum of   attendance by students described by Subsection (a)(2) for each of   the 30 additional instructional days of half-day instruction that   are provided divided by 175 [180].          (d)  This section does not prohibit a school district from   providing the minimum number of minutes of operational and   instructional time required under Section 25.081 and commissioner   rules adopted under that section over fewer than 175 [180] days of   instruction.          SECTION 1.36.  Subchapter A, Chapter 48, Education Code, is   amended by adding Section 48.0055 to read as follows:          Sec. 48.0055.  ENROLLMENT-BASED FUNDING. The commissioner   by rule shall establish the method for determining average   enrollment for purposes of funding provided based on average   enrollment under Chapter 46 and this chapter.          SECTION 1.37.  Sections 48.011(a), (a-1), (d), and (e),   Education Code, are amended to read as follows:          (a)  Subject to Subsections (b) and (d), the commissioner may   adjust the [a school district's] funding entitlement under this   code for a school district, an open-enrollment charter school, the   Windham School District, the Texas School for the Deaf, or the Texas   School for the Blind and Visually Impaired [chapter] if the funding   formulas used to determine the [district's] entitlement result in   an unanticipated loss or gain [for a district].          (a-1)  The commissioner may modify dates relating to the   adoption of a school district's maintenance and operations tax rate   and, if applicable, an election required for the district to adopt   that rate as necessary to implement the changes to the Foundation   School Program and requirements relating to school district tax   rates made by the 88th [H.B. 3, 86th] Legislature, Regular Session,   2023 [2019].          (d)  Beginning with the 2026-2027 [2021-2022] school year,   the commissioner may not make an adjustment under Subsection (a) or   (a-1).          (e)  This section expires September 1, 2027 [2023].          SECTION 1.38.  Section 48.051, Education Code, is amended by   amending Subsections (a), (c), and (d) and adding Subsections   (c-3), (c-4), (c-5), and (c-6) to read as follows:          (a)  For each student in average daily attendance, not   including the time students spend each day in special education   programs in an instructional arrangement other than mainstream or   career and technology education programs, for which an additional   allotment is made under Subchapter C, a district is entitled to an   allotment equal to [the lesser of $6,160 or] the amount that results   from the following formula:   A = B [$6,160] X TR/MCR   where:          "A" is the allotment to which a district is entitled;          "B" is the base amount, which equals the greater of:                (1)  $6,210;                (2)  an amount equal to the district's base amount under   this section for the preceding school year; or                (3)  the amount appropriated under Subsection (b);          "TR" is the district's tier one maintenance and operations   tax rate, as provided by Section 45.0032; and          "MCR" is the district's maximum compressed tax rate, as   determined under Section 48.2551.          (c)  During any school year for which the value of "A"   determined [maximum amount of the basic allotment provided] under   Subsection (a) or, if applicable, the sum of the value of "A" and   the allotment under Section 48.101 to which the district is   entitled, [or (b)] is greater than the value of "A" or, if   applicable, the sum of the value of "A" and the allotment under   Section 48.101 to which the district is entitled, [maximum amount   provided] for the preceding school year, a school district must use   at least 50 [30] percent of the amount[, if the amount is greater   than zero,] that equals the product of the average daily attendance   of the district multiplied by the amount of the difference between   the district's funding under this chapter per student in average   daily attendance, excluding the amounts described by Subsection   (c-6), for the current school year and the preceding school year to   increase the average total compensation per full-time classroom   teacher [provide compensation increases to full-time district   employees other than administrators as follows:                [(1)  75 percent must be used to increase the   compensation paid to classroom teachers, full-time librarians,   full-time school counselors certified under Subchapter B, Chapter   21, and full-time school nurses, prioritizing differentiated   compensation for classroom teachers with more than five years of   experience; and                [(2)  25 percent may be used as determined by the   district to increase compensation paid to full-time district   employees].          (c-3)  In calculating the average total compensation per   full-time classroom teacher under Subsection (c), a school district   may not consider compensation paid to a classroom teacher added by   the district for the current school year that increases the ratio of   classroom teachers to students enrolled in the district compared to   the preceding school year.          (c-4)  If a school district increases employee compensation   in a school year to comply with Subsection (c), as amended by   H.B. 100, Acts of the 88th Legislature, Regular Session, 2023, the   district is providing compensation for services rendered   independently of an existing employment contract applicable to that   year and is not a violation of Section 53, Article III, Texas   Constitution.          (c-5)  A school district that does not meet the requirements   of Subsection (c) during a school year may satisfy the requirements   of this section by providing a full-time classroom teacher a   one-time bonus payment during the following school year in an   amount equal to the difference between the compensation earned by   the teacher and the compensation the teacher should have received   during the school year if the district had complied with Subsection   (c).          (c-6)  For purposes of determining the amount of a school   district's funding under this chapter under Subsection (c), the   commissioner shall exclude:                (1)  funding under Section 13.054;                (2)  incentive aid payments under Subchapter G, Chapter   13;                (3)  money received from the state instructional   materials and technology fund under Section 31.021;                (4)  the special education full individual and initial   evaluation allotment under Section 48.1022;                (5)  the college, career, and military readiness   outcomes bonuses under Section 48.110;                (6)  the school safety allotment under Section 48.115;   and                (7)  the allotments under Subchapter D, other than the   allotments under Sections 48.153 and 48.154.          (d)  In this section, "compensation" includes:                (1)  benefits such as insurance premiums; and                (2)  contributions to the Teacher Retirement System of   Texas under Section 825.4035, Government Code.          SECTION 1.39.  Section 48.101, Education Code, is amended to   read as follows:          Sec. 48.101.  SMALL AND MID-SIZED DISTRICT ALLOTMENT.  (a)     Small and mid-sized districts are entitled to an annual allotment   in accordance with this section.  In this section:                (1)  "AA" is the district's annual allotment per   student in average daily attendance;                (2)  "ADA" is the number of students in average daily   attendance for which the district is entitled to an allotment under   Section 48.051, other than students who do not reside in the   district enrolled in a full-time virtual program; and                (3)  "BA" is the basic allotment determined under   Section 48.051.          (b)  A school district that has fewer than 1,600 students in   average daily attendance is entitled to an annual allotment for   each student in average daily attendance based on the following   formula:   AA = ((1,600 - ADA) X .00055 [.0004]) X BA          (c)  A school district that offers a kindergarten through   grade 12 program and has less than 5,000 students in average daily   attendance is entitled to an annual allotment for each student in   average daily attendance based on the formula, of the following   formulas, that results in the greatest annual allotment:                (1)  the formula in Subsection (b), if the district is   eligible for that formula; or                (2)  AA = ((5,000 - ADA) X .0000345 [.000025]) X BA.          (d)  Instead of the allotment under Subsection (b) or (c)(1),   a school district that has fewer than 300 students in average daily   attendance and is the only school district located in and operating   in a county is entitled to an annual allotment for each student in   average daily attendance based on the following formula:   AA = ((1,600 - ADA) X .00057 [.00047]) X BA          SECTION 1.40.  Subchapter C, Chapter 48, Education Code, is   amended by adding Section 48.1022 to read as follows:          Sec. 48.1022.  SPECIAL EDUCATION FULL INDIVIDUAL AND INITIAL   EVALUATION. For each student for whom a school district conducts a   full individual and initial evaluation under Section 29.004 or 20   U.S.C. Section 1414(a)(1), the district is entitled to an allotment   of $500 or a greater amount provided by appropriation.          SECTION 1.41.  Section 48.110(d), Education Code, is amended   to read as follows:          (d)  For each annual graduate in a cohort described by   Subsection (b) who demonstrates college, career, or military   readiness as described by Subsection (f) in excess of the minimum   number of students determined for the applicable district cohort   under Subsection (c), a school district is entitled to an annual   outcomes bonus of:                (1)  if the annual graduate is educationally   disadvantaged, $5,000;                (2)  if the annual graduate is not educationally   disadvantaged, $3,000; and                (3)  if the annual graduate is enrolled in a special   education program under Subchapter A, Chapter 29, $4,000 [$2,000],   regardless of whether the annual graduate is educationally   disadvantaged.          SECTION 1.42.  Section 48.111(a), Education Code, is amended   to read as follows:          (a)  A [Except as provided by Subsection (c), a] school   district is entitled to an annual allotment equal to the basic   allotment multiplied by the applicable weight under Subsection   (a-1) for each enrolled student equal to the difference, if the   difference is greater than zero, that results from subtracting 250   from the difference between the number of students enrolled in the   district during the school year immediately preceding the current   school year and the number of students enrolled in the district   during the school year six years preceding the current school year.          SECTION 1.43.  Sections 48.112(c) and (d), Education Code,   are amended to read as follows:          (c)  For each classroom teacher with a teacher designation   under Section 21.3521 employed by a school district, the school   district is entitled to an allotment equal to the following   applicable base amount increased by the high needs and rural factor   as determined under Subsection (d):                (1)  $12,000, or an increased amount not to exceed   $36,000 [$32,000] as determined under Subsection (d), for each   master teacher;                (2)  $9,000 [$6,000], or an increased amount not to   exceed $25,000 [$18,000] as determined under Subsection (d), for   each exemplary teacher; [and]                (3)  $5,000 [$3,000], or an increased amount not to   exceed $15,000 [$9,000] as determined under Subsection (d), for   each recognized teacher; and                (4)  $3,000, or an increased amount not to exceed   $9,000 as determined under Subsection (d), for each:                      (A)  acknowledged teacher; or                      (B)  teacher designated as nationally board   certified.          (d)  The high needs and rural factor is determined by   multiplying the following applicable amounts by the average of the   point value assigned to each student at a district campus under   Subsection (e):                (1)  $6,000 [$5,000] for each master teacher;                (2)  $4,000 [$3,000] for each exemplary teacher; [and]                (3)  $2,500 [$1,500] for each recognized teacher; and                (4)  $1,500 for each:                      (A)  acknowledged teacher; or                      (B)  teacher designated as nationally board   certified.          SECTION 1.44.  Section 48.114, Education Code, is amended by   amending Subsection (a) and adding Subsection (d) to read as   follows:          (a)  A school district [that has implemented a mentoring   program for classroom teachers who have less than two years of   teaching experience under Section 21.458] is entitled to an   allotment [as determined under Subsection (b)] to fund a [the]   mentoring program and to provide stipends for mentor teachers if:                (1)  the district has implemented a mentoring program   for classroom teachers under Section 21.458; and                (2)  the mentor teachers assigned under that program   complete a training program that is required or developed by the   agency for mentor teachers.          (d)  A school district is entitled to an allotment of $2,000   for each classroom teacher with less than two years of experience   who participates in a mentoring program described by Subsection   (a).  A district may receive an allotment under this section for no   more than 40 teachers during a school year unless an appropriation   is made for the purposes of providing a greater number of allotments   per district.          SECTION 1.45.  Section 48.151(g), Education Code, is amended   to read as follows:          (g)  A school district or county that provides special   transportation services for eligible special education students is   entitled to a state allocation at a [paid on a previous year's   cost-per-mile basis. The] rate per mile equal to the sum of the   rate per mile set under Subsection (c) and $0.13, or a greater   amount provided [allowable shall be set] by appropriation [based on   data gathered from the first year of each preceding biennium].   Districts may use a portion of their support allocation to pay   transportation costs, if necessary. The commissioner may grant an   amount set by appropriation for private transportation to reimburse   parents or their agents for transporting eligible special education   students. The mileage allowed shall be computed along the shortest   public road from the student's home to school and back, morning and   afternoon. The need for this type of transportation shall be   determined on an individual basis and shall be approved only in   extreme hardship cases.          SECTION 1.46.  Subchapter D, Chapter 48, Education Code, is   amended by adding Section 48.157 to read as follows:          Sec. 48.157.  RESIDENCY PARTNERSHIP ALLOTMENT. (a)  In this   section, "partnership program" and "partnership resident" have the   meanings assigned by Section 21.901.          (b)  For each partnership resident employed at a school   district in a residency position under Subchapter R, Chapter 21,   the district is entitled to an allotment equal to a base amount of   $22,000 increased by the high needs and rural factor, as determined   under Subsection (c), to an amount not to exceed $42,000.          (c)  The high needs and rural factor is determined by   multiplying $5,000 by the lesser of:                (1)  the average of the point value assigned to each   student at a district campus under Sections 48.112(e) and (f); or                (2)  4.0.          (d)  In addition to the funding under Subsection (b), a   district that qualifies for an allotment under this section is   entitled to an additional $2,000 for each partnership resident   employed in a residency position at the district who is a candidate   for special education or bilingual education certification.          (e)  The Texas School for the Deaf and the Texas School for   the Blind and Visually Impaired are entitled to an allotment under   this section.  If the commissioner determines that assigning point   values under Subsection (c) to students enrolled in the Texas   School for the Deaf or the Texas School for the Blind and Visually   Impaired is impractical, the commissioner may use the average point   value assigned for those students' home districts for purposes of   calculating the high needs and rural factor.          SECTION 1.47.  Subchapter D, Chapter 48, Education Code, is   amended by adding Section 48.160 to read as follows:          Sec. 48.160.  ALLOTMENT FOR ADVANCED MATHEMATICS PATHWAYS   AND CERTAIN PROGRAMS OF STUDY. (a)  A school district is eligible   to receive an allotment under this section if the district offers   through in-person instruction, remote instruction, or a hybrid of   in-person and remote instruction:                (1)  an advanced mathematics pathway that begins with   Algebra I in grade eight and continues through progressively more   advanced mathematics courses in each grade from grade 9 through 12;                (2)  a program of study in:                      (A)  computer programming and software   development; or                      (B)  cybersecurity; and                (3)  a program of study in a specialized skilled trade,   such as:                      (A)  plumbing and pipefitting;                      (B)  electrical;                      (C)  welding;                      (D)  diesel and heavy equipment;                      (E)  aviation maintenance; or                      (F)  applied agricultural engineering.          (b)  Notwithstanding Subsection (a), a school district is   eligible for the allotment under this section for students enrolled   in a high school in the district that does not offer a program of   study described by Subsection (a)(2) or (3) if:                (1)  high school students who reside in the attendance   zone of the high school may participate in the program of study by   enrolling in another high school:                      (A)  that:                            (i)  is in the same district or a neighboring   school district;                            (ii)  was assigned the same or a better   campus overall performance rating under Section 39.054 as the high   school in whose attendance zone the students reside; and                            (iii)  offers the program of study; and                      (B)  to and from which transportation is provided   for those students; or                (2)  students enrolled in the high school:                      (A)  are offered instruction for the program of   study at another location, such as another high school in the same   district or a neighboring school district; and                      (B)  receive transportation to and from the   location described by Paragraph (A).          (c)  An eligible school district is entitled to an annual   allotment of $10 for each student enrolled at a high school in the   district that offers a pathway or program of study from each   subdivision described by Subsection (a) if:                (1)  each student enrolled at the high school takes a   progressively more advanced mathematics course each year of   enrollment; and                (2)  for each of those pathways or programs of study, at   least one student enrolled at the high school completes a course in   the pathway or program of study.          (d)  A school district that receives an allotment under   Subsection (c) and Section 48.101 is entitled to receive an   additional allotment in an amount equal to the product of 0.1 and   the allotment to which the district is entitled under Section   48.101 for each student for which the district receives an   allotment under Subsection (c).  An open-enrollment charter school   is not eligible for an allotment under this subsection.          (e)  The commissioner by rule may establish requirements to   ensure students enrolled in a high school to which Subsection (b)   applies have meaningful access to the programs of study described   by Subsections (a)(2) and (3).          (f)  The agency may reduce the amount of a school district's   allotment under this section if the agency determines that the   district has not complied with any provision of this section.          SECTION 1.48.  Section 48.202(a-1), Education Code, is   amended to read as follows:          (a-1)  For purposes of Subsection (a), the dollar amount   guaranteed level of state and local funds per weighted student per   cent of tax effort ("GL") for a school district is:                (1)  the greater of the amount of district tax revenue   per weighted student per cent of tax effort available to a school   district at the 96th percentile of wealth per weighted student or   the amount that results from multiplying the maximum amount of the   basic allotment provided under Section 48.051 for the applicable   school year [6,160, or the greater amount provided under Section   48.051(b), if applicable,] by 0.016, for the first eight cents by   which the district's maintenance and operations tax rate exceeds   the district's tier one tax rate; and                (2)  subject to Subsection (f), the amount that results   from multiplying the maximum amount of the basic allotment provided   under Section 48.051 for the applicable school year [$6,160, or the   greater amount provided under Section 48.051(b), if applicable,] by   0.008, for the district's maintenance and operations tax effort   that exceeds the amount of tax effort described by Subdivision (1).          SECTION 1.49.  Section 48.257, Education Code, is amended by   adding Subsection (b-1) and amending Subsection (c) to read as   follows:          (b-1)  If for any school year a school district receives an   adjustment under Subsection (b) and, after that adjustment, is no   longer subject to Subsection (a), the district is entitled to   additional state aid for that school year in an amount equal to the   lesser of:                (1)  the difference, if the difference is greater than   zero, between:                      (A)  the amount to which the district is entitled   under Subchapters B, C, and D less the district's distribution from   the available school fund for that school year; and                      (B)  the district's tier one maintenance and   operations tax collections for that school year; or                (2)  the sum of the district's allotments under   Sections 48.0051 and 48.112 for that school year.          (c)  For purposes of Subsection (a), state aid to which a   district is entitled under Section 13.054 or this chapter that is   not described by Section 48.266(a)(3) may offset the amount by   which a district must reduce the district's revenue level under   this section. Any amount of state aid used as an offset under this   subsection shall reduce the amount of state aid to which the   district is entitled.          SECTION 1.50.  Subchapter F, Chapter 48, Education Code, is   amended by adding Section 48.280 to read as follows:          Sec. 48.280.  SALARY TRANSITION ALLOTMENT. (a) In the   2023-2024, 2024-2025, and 2025-2026 school years, a school district   is entitled to receive an annual salary transition allotment equal   to the difference, if that amount is greater than zero, between:                (1)  the amount calculated under Subsection (b); and                 (2)  the amount calculated under Subsection (c).          (b)  The agency shall calculate a school district's value for   Subsection (a)(1) by determining the difference between:                (1)  the amount the district must pay in compensation   for the current school year for employees on the minimum salary   schedule under Section 21.402, as amended by H.B. 100, Acts of the   88th Legislature, Regular Session, 2023, divided by the total   number of employees on the minimum salary schedule under that   section for that school year; and                (2)  the amount paid in compensation for the 2022-2023   school year for employees on the minimum salary schedule under   Section 21.402 divided by the total number of employees on the   minimum salary schedule under that section for that school year.          (c)  The agency shall calculate a school district's value for   Subsection (a)(2) by determining the difference between:                (1)  the total maintenance and operations revenue for   the current school year divided by the total number of employees on   the minimum salary schedule under Section 21.402 for that school   year; and                (2)  the total maintenance and operations revenue that   would have been available to the district for the current school   year using the basic allotment formula provided by Section 48.051   and the small and mid-sized allotment formulas provided by Section   48.101 as those sections existed on January 1, 2023, divided by the   total number of employees on the minimum salary schedule under   Section 21.402 for that school year.          (d)  In calculating the values under Subsections (b) and (c)   for a school district or open-enrollment charter school to which   Section 21.402 does not apply, the agency shall include as   employees on the minimum salary schedule under that section   employees of the district or school who would have been on the   minimum salary schedule under that section if the district or   school were a school district to which that section applies.          (e)  Before making a final determination of the amount of an   allotment to which a school district is entitled under this   section, the agency shall ensure each school district has an   opportunity to review and submit revised information to the agency   for purposes of calculating the values under Subsection (a).          (f)  A school district is entitled to an allotment in an   amount equal to:                (1)  for the 2026-2027 school year, two-thirds of the   value determined under Subsection (a); and                (2)  for the 2027-2028 school year, one-third of the   value determined under Subsection (a).          (g)  A school district is not entitled to an allotment under   this section in the 2028-2029 school year or a later school year.          (h)  For purposes of this section, "compensation" includes   contributions made to the Teacher Retirement System of Texas under   Sections 825.4035 and 825.405, Government Code.          (i)  This section expires September 1, 2029.          SECTION 1.51.  Subchapter G, Chapter 48, Education Code, is   amended by adding Sections 48.304 and 48.305 to read as follows:          Sec. 48.304.  DAY PLACEMENT PROGRAM FUNDING. (a) For each   qualifying day placement program that a regional education service   center makes available in partnership with a school district,   open-enrollment charter school, or shared services arrangement,   the center is entitled to an allotment of:                (1)  $250,000 for the first year of the program's   operation; and                (2)  $150,000 for each year of the program's operation   after the first year.          (b)  A day placement program qualifies for purposes of   Subsection (a) if:                (1)  the program complies with commissioner rules   adopted under Section 48.102(c);                (2)  the program offers services to students who are   enrolled at any school district or open-enrollment charter school   in the county in which the program is offered, unless the   commissioner by rule waives or modifies the requirement under this   subdivision for the program to serve all students in a county; and                (3)  the agency has designated the program for service   in the county in which the program is offered and determined that,   at the time of designation, the program increases the availability   of day placement services in the county.          Sec. 48.305.  PARENT-DIRECTED SERVICES FOR STUDENTS   RECEIVING SPECIAL EDUCATION SERVICES GRANT. (a) A student to whom   the agency awards a grant under Subchapter A-1, Chapter 29, is   entitled to receive an amount of $1,500 or a greater amount provided   by appropriation.          (b)  The legislature shall include in the appropriations for   the Foundation School Program state aid sufficient for the agency   to award grants under Subchapter A-1, Chapter 29, in the amount   provided by this section.          (c)  A student may receive one grant under Subchapter A-1,   Chapter 29, unless the legislature appropriates money for an   additional grant in the General Appropriations Act.          (d)  A determination of the commissioner under this section   is final and may not be appealed.          SECTION 1.52.  The following provisions are repealed:                (1)  Section 21.042, Education Code;                (2)  Sections 21.402(b), (c), (c-1), (f), and (h),   Education Code;                (3)  Sections 21.403(a) and (d), Education Code;                (4)  Subchapter Q, Chapter 21, Education Code;                (5)  Section 29.002, Education Code;                (6)  Sections 29.026(n) and (o), Education Code;                (7)  Section 29.027(i), Education Code;                (8)  Section 29.050, Education Code;                (9)  Section 37.002(e), Education Code;                (10)  Sections 48.111(c), (c-1), and (c-2), Education   Code;                (11)  Section 48.114(b), Education Code; and                (12)  Section 825.4092(f), Government Code, as added by   Chapter 546 (S.B. 202), Acts of the 87th Legislature, Regular   Session, 2021.          SECTION 1.53.  (a)  The legislature finds that:                (1)  the Windfall Elimination Provision was enacted in   1983 to equalize the earned social security benefits of workers who   spend part of their careers in exempt public service and workers who   spend their entire careers participating in social security;                (2)  the Windfall Elimination Provision reduces the   social security benefits of public servants who have received a   pension that is not subject to social security taxes, including   thousands of teachers in Texas as well as the spouses and children   of these public servants;                (3)  the flawed application of the Windfall Elimination   Provision diminishes Texans' retirement security and fails to   recognize their rightfully earned social security and public   pension benefits;                (4)  for years, the United States Congress has failed   to act to remove this detriment to many citizens of Texas, including   teachers; and                (5)  the United States Congress should take swift   action to replace the Windfall Elimination Provision with a more   fair and just formula that accurately reflects the contributions of   all American workers to the social security system.          (b)  As soon as practicable after the effective date of this   Act, the secretary of the Senate shall forward official copies of   the legislative findings under Subsection (a) of this section to   the president of the United States, to the president of the Senate   and the speaker of the House of Representatives of the United States   Congress, and to all the members of the Texas delegation to   Congress.          SECTION 1.54.  Not later than September 1, 2024, the   commissioner of education, with the assistance of the executive   director of the Teacher Retirement System of Texas and the   comptroller of public accounts, shall make recommendations to the   legislature to improve and coordinate pension contribution   appropriations for public school employees.          SECTION 1.55.  Section 21.257(f), Education Code, as added   by this article, applies only to a hearing before a hearing examiner   commenced on or after the effective date of this article.          SECTION 1.56.  Immediately following the effective date of   this article, a school district or open-enrollment charter school   shall redesignate a teacher who holds a designation made under   Section 21.3521, Education Code, before the effective date of this   article, to reflect the teacher's designation under Section   21.3521, Education Code, as amended by this article.  Funding   provided to a school district under Section 48.112, Education Code,   for a teacher who held a designation made under Section 21.3521,   Education Code, as that section existed immediately before the   effective date of this article, shall be increased to reflect the   teacher's redesignation under Section 21.3521, Education Code, as   amended by this article.          SECTION 1.57.  Notwithstanding Section 21.903, Education   Code, as added by this article, until the State Board for Educator   Certification adopts rules specifying the requirements for   approval of an educator preparation program as a qualified educator   preparation program as required by that section, the commissioner   of education may approve a program as a qualified educator   preparation program for purposes of Subchapter R, Chapter 21,   Education Code, as added by this article, if the commissioner   determines that the program meets the requirements under Section   21.903, Education Code, as added by this article.  An educator   preparation program's designation as a qualified educator   preparation program by the commissioner under this section remains   effective until the first anniversary of the earliest effective   date of a rule adopted by the State Board for Educator Certification   under Section 21.903, Education Code, as added by this article.          SECTION 1.58.  To the extent of any conflict, this article   prevails over another Act of the 88th Legislature, Regular Session,   2023, relating to nonsubstantive additions to and corrections in   enacted codes.          SECTION 1.59.  (a) Except as provided by Subsection (b) of   this section or as otherwise provided by this article, this article   takes effect immediately if this Act 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, the entirety of this article   takes effect September 1, 2023.          (b)  Sections 12.106(a-2) and (d), 13.054, 30.003,   48.0051(a), (b), and (d), 48.011(a), (a-1), (d), and (e), 48.051,   48.101, 48.110(d), 48.111, 48.112(c) and (d), 48.114, 48.151(g),   48.202(a-1), and 48.257, Education Code, as amended by this   article, and Sections 48.0055, 48.1022, 48.157, 48.160, and 48.280,   Education Code, as added by this article, take effect September 1,   2023.   ARTICLE 2. CHANGES GENERALLY APPLICABLE TO PUBLIC SCHOOLS EFFECTIVE   FOR 2024-2025 SCHOOL YEAR          SECTION 2.01.  Section 8.051(d), Education Code, is amended   to read as follows:          (d)  Each regional education service center shall maintain   core services for purchase by school districts and campuses. The   core services are:                (1)  training and assistance in:                      (A)  teaching each subject area assessed under   Section 39.023; and                      (B)  providing instruction in personal financial   literacy as required under Section 28.0021;                (2)  training and assistance in providing each program   that qualifies for a funding allotment under Section 48.102,   48.1021, 48.104, 48.105, or 48.109;                (3)  assistance specifically designed for a school   district or campus assigned an unacceptable performance rating   under Section 39.054;                (4)  training and assistance to teachers,   administrators, members of district boards of trustees, and members   of site-based decision-making committees;                (5)  assistance specifically designed for a school   district that is considered out of compliance with state or federal   special education requirements, based on the agency's most recent   compliance review of the district's special education programs; and                (6)  assistance in complying with state laws and rules.          SECTION 2.02.  Section 11.1513, Education Code, is amended   by adding Subsection (l) to read as follows:          (l)  The employment policy must provide that:                (1)  before the beginning of each school year, the   district shall provide a duty calendar for certain professional   staff as required by Section 11.15131; and                (2)  for purposes of determining the amount of a   reduction in the salary of a classroom teacher, full-time   counselor, or full-time librarian for unpaid leave, the employee's   daily rate of pay is computed by dividing the employee's annual   salary by the number of days the employee is expected to work for   that school year as provided by the district's duty calendar   adopted under Section 11.15131.          SECTION 2.03.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.15131 to read as follows:          Sec. 11.15131.  DUTY CALENDAR FOR CERTAIN PROFESSIONAL   STAFF. (a)  In this section, "supplemental duty" means a duty other   than a duty assigned under an employee's contract that is generally   expected to be performed during an instructional day and which may   be governed by an agreement, other than the employee's contract,   between the district and the employee.          (b)  Not later than the 15th day before the first   instructional day of each school year, the board of trustees of a   school district shall adopt and provide to each classroom teacher,   full-time counselor, and full-time librarian employed by the   district a calendar that specifies the days each employee is   expected to work for that school year, including the days on which   the employee is expected to perform supplemental duties for more   than 30 minutes outside of the instructional day, and except for   days on which the employee may be required to spend time on an   unanticipated duty outside of the instructional day to comply with   a state or federal law.          SECTION 2.04.  Section 29.014(d), Education Code, is amended   to read as follows:          (d)  The basic allotment for a student enrolled in a district   to which this section applies is adjusted by the tier of intensity   of service defined in accordance with [weight for a homebound   student under] Section 48.102 and designated by commissioner rule   for use under this section [48.102(a)].          SECTION 2.05.  Section 29.018, Education Code, is amended by   adding Subsection (g) to read as follows:          (g)  This section expires September 1, 2026.          SECTION 2.06.  Sections 29.022(a), (a-1), (b), (c), (c-1),   (d), (f), (h), (k), (l), (s), and (t), Education Code, are amended   to read as follows:          (a)  In order to promote student safety, on receipt of a   written request authorized under Subsection (a-1), a school   district or open-enrollment charter school shall provide   equipment, including a video camera, to the school or schools in the   district or the charter school campus or campuses specified in the   request.  A school or campus that receives equipment as provided by   this subsection shall place, operate, and maintain one or more   video cameras in special education [self-contained] classrooms and   other special education settings [in which a majority of the   students in regular attendance are provided special education and   related services and are assigned to one or more self-contained   classrooms or other special education settings for at least 50   percent of the instructional day], provided that:                (1)  a school or campus that receives equipment as a   result of the request by a parent or staff member is required to   place equipment only in classrooms or settings in which the   parent's child is in regular attendance or to which the staff member   is assigned, as applicable; and                (2)  a school or campus that receives equipment as a   result of the request by a board of trustees, governing body,   principal, or assistant principal is required to place equipment   only in classrooms or settings identified by the requestor, if the   requestor limits the request to specific classrooms or settings   subject to this subsection.          (a-1)  For purposes of Subsection (a):                (1)  a parent of a child who receives special education   services in one or more special education [self-contained]   classrooms or other special education settings may request in   writing that equipment be provided to the school or campus at which   the child receives those services;                (2)  a board of trustees or governing body may request   in writing that equipment be provided to one or more specified   schools or campuses at which one or more children receive special   education services in special education [self-contained]   classrooms or other special education settings;                (3)  the principal or assistant principal of a school   or campus at which one or more children receive special education   services in special education [self-contained] classrooms or other   special education settings may request in writing that equipment be   provided to the principal's or assistant principal's school or   campus; and                (4)  a staff member assigned to work with one or more   children receiving special education services in special education   [self-contained] classrooms or other special education settings   may request in writing that equipment be provided to the school or   campus at which the staff member works.          (b)  A school or campus that places a video camera in a   special education classroom or other special education setting in   accordance with Subsection (a) shall operate and maintain the video   camera in the classroom or setting, as long as the classroom or   setting continues to satisfy the requirements under Subsection (a),   for the remainder of the school year in which the school or campus   received the request, unless the requestor withdraws the request in   writing.  If for any reason a school or campus will discontinue   operation of a video camera during a school year, not later than the   fifth school day before the date the operation of the video camera   will be discontinued, the school or campus must notify the parents   of each student in regular attendance in the classroom or setting   that operation of the video camera will not continue unless   requested by a person eligible to make a request under Subsection   (a-1).  Not later than the 10th school day before the end of each   school year, the school or campus must notify the parents of each   student in regular attendance in the classroom or setting that   operation of the video camera will not continue during the   following school year unless a person eligible to make a request for   the next school year under Subsection (a-1) submits a new request.          (c)  Except as provided by Subsection (c-1), video cameras   placed under this section must be capable of:                (1)  covering all areas of the special education   classroom or other special education setting, including a room   attached to the classroom or setting used for time-out; and                (2)  recording audio from all areas of the special   education classroom or other special education setting, including a   room attached to the classroom or setting used for time-out.          (c-1)  The inside of a bathroom or any area in the special   education classroom or other special education setting in which a   student's clothes are changed may not be visually monitored, except   for incidental coverage of a minor portion of a bathroom or changing   area because of the layout of the classroom or setting.          (d)  Before a school or campus activates a video camera in a   special education classroom or other special education setting   under this section, the school or campus shall provide written   notice of the placement to all school or campus staff and to the   parents of each student attending class or engaging in school   activities in the classroom or setting.          (f)  A school district or open-enrollment charter school may   solicit and accept gifts, grants, and donations from any person for   use in placing video cameras in special education classrooms or   other special education settings under this section.          (h)  A school district or open-enrollment charter school may   not:                (1)  allow regular or continual monitoring of video   recorded under this section; or                (2)  use video recorded under this section for teacher   evaluation or for any other purpose other than the promotion of   safety of students receiving special education services in a   special education [self-contained] classroom or other special   education setting.          (k)  The commissioner may adopt rules to implement and   administer this section, including rules regarding the special   education classrooms and other special education settings to which   this section applies.          (l)  A school district or open-enrollment charter school   policy relating to the placement, operation, or maintenance of   video cameras under this section must:                (1)  include information on how a person may appeal an   action by the district or school that the person believes to be in   violation of this section or a policy adopted in accordance with   this section, including the appeals process under Section 7.057;                (2)  require that the district or school provide a   response to a request made under this section not later than the   seventh school business day after receipt of the request by the   person to whom it must be submitted under Subsection (a-3) that   authorizes the request or states the reason for denying the   request;                (3)  except as provided by Subdivision (5), require   that a school or a campus begin operation of a video camera in   compliance with this section not later than the 45th school   business day, or the first school day after the 45th school business   day if that day is not a school day, after the request is authorized   unless the agency grants an extension of time;                (4)  permit the parent of a student whose admission,   review, and dismissal committee has determined that the student's   placement for the following school year will be in a special   education classroom or other special education setting in which a   video camera may be placed under this section to make a request for   the video camera by the later of:                      (A)  the date on which the current school year   ends; or                      (B)  the 10th school business day after the date   of the placement determination by the admission, review, and   dismissal committee; and                (5)  if a request is made by a parent in compliance with   Subdivision (4), unless the agency grants an extension of time,   require that a school or campus begin operation of a video camera in   compliance with this section not later than the later of:                      (A)  the 10th school day of the fall semester; or                      (B)  the 45th school business day, or the first   school day after the 45th school business day if that day is not a   school day, after the date the request is made.          (s)  This section applies to the placement, operation, and   maintenance of a video camera in a special education   [self-contained] classroom or other special education setting   during the regular school year and extended school year services.          (t)  A video camera placed under this section is not required   to be in operation for the time during which students are not   present in the special education classroom or other special   education setting.          SECTION 2.07.  Sections 29.022(u)(3) and (4), Education   Code, are amended to read as follows:                (3)  "Special education classroom or other special   education setting" means a classroom or setting primarily used for   delivering special education services to students who spend on   average less than 50 percent of an instructional day in a general   education classroom or setting ["Self-contained classroom" does   not include a classroom that is a resource room instructional   arrangement under Section 48.102].                (4)  "Staff member" means a teacher, related service   provider, paraprofessional, counselor, or educational aide   assigned to work in a special education [self-contained] classroom   or other special education setting.          SECTION 2.08.  Section 29.316(c), Education Code, is amended   to read as follows:          (c)  Not later than August 31 of each year, the agency, the   division, and the center jointly shall prepare and post on the   agency's, the division's, and the center's respective Internet   websites a report on the language acquisition of children eight   years of age or younger who are deaf or hard of hearing. The report   must:                (1)  include:                      (A)  existing data reported in compliance with   federal law regarding children with disabilities; and                      (B)  information relating to the language   acquisition of children who are deaf or hard of hearing and also   have other disabilities;                (2)  state for each child:                      (A)  the percentage of the instructional day   [arrangement used with the child, as described by Section 48.102,   including the time] the child spends on average in a general   education setting [mainstream instructional arrangement];                      (B)  the specific language acquisition services   provided to the child, including:                            (i)  the time spent providing those   services; and                            (ii)  a description of any hearing   amplification used in the delivery of those services, including:                                  (a)  the type of hearing amplification   used;                                  (b)  the period of time in which the   child has had access to the hearing amplification; and                                  (c)  the average amount of time the   child uses the hearing amplification each day;                      (C)  the tools or assessments used to assess the   child's language acquisition and the results obtained;                      (D)  the preferred unique communication mode used   by the child at home; and                      (E)  the child's age, race, and gender, the age at   which the child was identified as being deaf or hard of hearing, and   any other relevant demographic information the commissioner   determines to likely be correlated with or have an impact on the   child's language acquisition;                (3)  compare progress in English literacy made by   children who are deaf or hard of hearing to progress in that subject   made by children of the same age who are not deaf or hard of hearing,   by appropriate age range; and                (4)  be redacted as necessary to comply with state and   federal law regarding the confidentiality of student medical or   educational information.          SECTION 2.09.  Section 48.051(a), Education Code, is amended   to read as follows:          (a)  For each student in average daily attendance, not   including the time students spend each day in special education   programs in a setting [an instructional arrangement] other than a   general education setting [mainstream] or career and technology   education programs, for which an additional allotment is made under   Subchapter C, a district is entitled to an allotment equal to [the   lesser of $6,160 or] the amount that results from the following   formula:   A = B [$6,160] X TR/MCR   where:          "A" is the allotment to which a district is entitled;          "B" is the base amount, which equals the greater of:                (1)  $6,210;                (2)  an amount equal to the district's base amount under   this section for the preceding school year; or                (3)  the amount appropriated under Subsection (b);          "TR" is the district's tier one maintenance and operations   tax rate, as provided by Section 45.0032; and          "MCR" is the district's maximum compressed tax rate, as   determined under Section 48.2551.          SECTION 2.10.  Section 48.102, Education Code, is amended to   read as follows:          Sec. 48.102.  SPECIAL EDUCATION. (a) For each student in   average daily attendance in a special education program under   Subchapter A, Chapter 29, [in a mainstream instructional   arrangement,] a school district is entitled to an annual allotment   equal to the basic allotment, or, if applicable, the sum of the   basic allotment and the allotment under Section 48.101 to which the   district is entitled, multiplied by a weight in an amount set by the   legislature in the General Appropriations Act for the highest tier   of intensity of service for which the student qualifies [1.15].   [For each full-time equivalent student in average daily attendance   in a special education program under Subchapter A, Chapter 29, in an   instructional arrangement other than a mainstream instructional   arrangement, a district is entitled to an annual allotment equal to   the basic allotment, or, if applicable, the sum of the basic   allotment and the allotment under Section 48.101 to which the   district is entitled, multiplied by a weight determined according   to instructional arrangement as follows:                [Homebound             5.0                [Hospital class             3.0                [Speech therapy             5.0                [Resource room             3.0                [Self-contained, mild and moderate,                regular campus             3.0                [Self-contained, severe, regular campus           3.0                [Off home campus             2.7                [Nonpublic day school             1.7                [Vocational adjustment class             2.3]          (a-1)  Notwithstanding Subsection (a), for the 2024-2025 and   2025-2026 school years, the amount of an allotment under this   section shall be determined in accordance with Section 48.1023.   This subsection expires September 1, 2026.          (b)  The commissioner by rule shall define seven tiers of   intensity of service for use in determining funding under this   section. The commissioner must include one tier specifically   addressing students receiving special education services in   residential placement [A special instructional arrangement for   students with disabilities residing in care and treatment   facilities, other than state schools, whose parents or guardians do   not reside in the district providing education services shall be   established by commissioner rule.  The funding weight for this   arrangement shall be 4.0 for those students who receive their   education service on a local school district campus.  A special   instructional arrangement for students with disabilities residing   in state schools shall be established by commissioner rule with a   funding weight of 2.8].          (c)  [For funding purposes, the number of contact hours   credited per day for each student in the off home campus   instructional arrangement may not exceed the contact hours credited   per day for the multidistrict class instructional arrangement in   the 1992-1993 school year.          [(d)  For funding purposes the contact hours credited per day   for each student in the resource room;  self-contained, mild and   moderate; and self-contained, severe, instructional arrangements   may not exceed the average of the statewide total contact hours   credited per day for those three instructional arrangements in the   1992-1993 school year.          [(e)  The commissioner by rule shall prescribe the   qualifications an instructional arrangement must meet in order to   be funded as a particular instructional arrangement under this   section.  In prescribing the qualifications that a mainstream   instructional arrangement must meet, the commissioner shall   establish requirements that students with disabilities and their   teachers receive the direct, indirect, and support services that   are necessary to enrich the regular classroom and enable student   success.          [(f)  In this section, "full-time equivalent student" means   30 hours of contact a week between a special education student and   special education program personnel.          [(g)]  The commissioner shall adopt rules and procedures   governing contracts for residential and day program placement of   [special education] students receiving special education services.          (d)  [The legislature shall provide by appropriation for the   state's share of the costs of those placements.          [(h)]  At least 55 percent of the funds allocated under this   section must be used in the special education program under   Subchapter A, Chapter 29.          (e) [(i)]  The agency shall ensure [encourage] the placement   of students in special education programs, including students in   residential placement [instructional arrangements], in the least   restrictive environment appropriate for their educational needs.          (f) [(j)]  A school district that provides an extended year   program required by federal law for special education students who   may regress is entitled to receive funds in an amount equal to 75   percent, or a lesser percentage determined by the commissioner, of   the basic allotment, or, if applicable, the sum of the basic   allotment and the allotment under Section 48.101 to which the   district is entitled for each [full-time equivalent] student in   average daily attendance, multiplied by the amount designated for   the highest tier of intensity of service for which the student   qualifies [student's instructional arrangement] under this   section, for each day the program is provided divided by the number   of days in the minimum school year. The total amount of state   funding for extended year services under this section may not   exceed $10 million per year.  A school district may use funds   received under this section only in providing an extended year   program.          (g) [(k)]  From the total amount of funds appropriated for   special education under this section, the commissioner shall   withhold an amount specified in the General Appropriations Act, and   distribute that amount to school districts for programs under   Section 29.014.  The program established under that section is   required only in school districts in which the program is financed   by funds distributed under this subsection and any other funds   available for the program.  After deducting the amount withheld   under this subsection from the total amount appropriated for   special education, the commissioner shall reduce each district's   allotment proportionately and shall allocate funds to each district   accordingly.          (h)  Not later than December 1 of each even-numbered year,   the commissioner shall submit to the Legislative Budget Board, for   purposes of the allotment under this section, proposed weights for   the tiers of intensity of service for the next state fiscal   biennium.          SECTION 2.11.  Subchapter C, Chapter 48, Education Code, is   amended by adding Sections 48.1021 and 48.1023 to read as follows:          Sec. 48.1021.  SPECIAL EDUCATION SERVICE GROUP ALLOTMENT.   (a)  For each six-week period in which a student in a special   education program under Subchapter A, Chapter 29, receives eligible   special education services, a school district is entitled to an   allotment in an amount set by the legislature in the General   Appropriations Act for the service group for which the student is   eligible.          (a-1)  Notwithstanding Subsection (a), for the 2024-2025 and   2025-2026 school years, the amount of an allotment under this   section shall be determined in accordance with Section 48.1023.   This subsection expires September 1, 2026.          (b)  The commissioner by rule shall establish four service   groups for use in determining funding under this section. In   establishing the groups, the commissioner must consider the level   of services, equipment, and technology required to meet the needs   of students receiving special education services.          (c)  A school district is entitled to receive an allotment   under this section for each service group for which a student is   eligible.          (d)  A school district is entitled to the full amount of an   allotment under this section for a student receiving eligible   special education services during any part of a six-week period.          (e)  At least 55 percent of the funds allocated under this   section must be used for a special education program under   Subchapter A, Chapter 29.          (f)  Not later than December 1 of each even-numbered year,   the commissioner shall submit to the Legislative Budget Board, for   purposes of the allotment under this section, proposed amounts of   funding for the service groups for the next state fiscal biennium.          Sec. 48.1023.  SPECIAL EDUCATION TRANSITION FUNDING. (a)     For the 2024-2025 and 2025-2026 school years, the commissioner may   adjust weights or amounts provided under Section 48.102 or 48.1021   as necessary to ensure compliance with requirements regarding   maintenance of state financial support under 20 U.S.C. Section   1412(a)(18) and maintenance of local financial support under   applicable federal law.          (b)  For the 2024-2025 and 2025-2026 school years, the   commissioner shall determine the formulas through which school   districts receive funding under Sections 48.102 and 48.1021. In   determining the formulas, the commissioner may combine the methods   of funding under those sections with the method of funding provided   by Section 48.102, as it existed on January 1, 2023.          (c)  For the 2026-2027 school year, the commissioner may   adjust the weights or amounts set by the legislature in the General   Appropriations Act for purposes of Section 48.102 or 48.1021.   Before making an adjustment under this subsection, the commissioner   shall notify and must receive approval from the Legislative Budget   Board.          (d)  Notwithstanding any other provision of this section,   the sum of funding provided under Sections 48.102 and 48.1021 for   the 2024-2025 or for the 2025-2026 school year as adjusted under   this section may not exceed the sum of:                (1)  funding that would have been provided under   Section 48.102, as it existed on January 1, 2023; and                (2)  the amount set by the legislature in the General   Appropriations Act.          (e)  Each school district and open-enrollment charter school   shall report to the agency information necessary to implement this   section.          (f)  The agency shall provide technical assistance to school   districts and open-enrollment charter schools to ensure a   successful transition in funding formulas for special education.          (g)  This section expires September 1, 2028.          SECTION 2.12.  Section 48.103(c), Education Code, is amended   to read as follows:          (c)  A school district may receive funding for a student   under each provision of this section, [and] Section 48.102, and   Section 48.1021 for which [if] the student qualifies [satisfies the   requirements of both sections].          SECTION 2.13.  Sections 48.104(a), (d), and (e), Education   Code, are amended to read as follows:          (a)  For each student who does not have a disability and   resides in a residential placement facility in a district in which   the student's parent or legal guardian does not reside, a district   is entitled to an annual allotment equal to the basic allotment   multiplied by 0.2 or, if the student is educationally   disadvantaged, 0.28 [0.275]. For each full-time equivalent student   who is in a remedial and support program under Section 29.081   because the student is pregnant, a district is entitled to an annual   allotment equal to the basic allotment multiplied by 2.41.          (d)  The weights assigned to the five tiers of the index   established under Subsection (c) are, from least to most severe   economic disadvantage, 0.23 [0.225], 0.2425 [0.2375], 0.255   [0.25], 0.2675 [0.2625], and 0.28 [0.275].          (e)  If insufficient data is available for any school year to   evaluate the level of economic disadvantage in a census block   group, a school district is entitled to an annual allotment equal to   the basic allotment multiplied by 0.23 [0.225] for each student who   is educationally disadvantaged and resides in that census block   group.          SECTION 2.14.  Section 48.108(a), Education Code, is amended   to read as follows:          (a)  For each student in average daily attendance in   prekindergarten [kindergarten] through third grade, a school   district is entitled to an annual allotment equal to the basic   allotment multiplied by 0.1 if the student is:                (1)  educationally disadvantaged; or                (2)  an emergent bilingual student, as defined by   Section 29.052, and is in a bilingual education or special language   program under Subchapter B, Chapter 29.          SECTION 2.15.   Section 48.279(e), Education Code, is   amended to read as follows:          (e)  After the commissioner has replaced any withheld   federal funds as provided by Subsection (d), the commissioner shall   distribute the remaining amount, if any, of funds described by   Subsection (a) to proportionately increase funding for the special   education allotment under Section 48.102 and the special education   service group allotment under Section 48.1021.          SECTION 2.16.  This article takes effect September 1, 2024.   ARTICLE 3.  EDUCATION SAVINGS ACCOUNT PROGRAM          SECTION 3.01.  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 3.02.  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;                      (C)  accept and process payments for approved   education-related expenses; and                      (D)  verify that program funding is used only for   approved education-related expenses.          (c)  The comptroller may certify not more than five   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 and may, subject to available funding   and the requirements of this subchapter, initially enroll in the   program for the school year following the school year in which the   child's application is submitted under Section 29.356 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)  attended any public school in this state for   at least 90 percent of the school year preceding the school year for   which the child applies to enroll in the program; or                      (B)  is enrolling in prekindergarten or   kindergarten for the first time, including a child who was   homeschooled before enrollment.          (a-1)  Notwithstanding Subsection (a) and subject to Section   29.356(b-1), a child is eligible to participate in the program if   the child:                (1)  meets the qualifications under Subsection (a)(1);                (2)  attended private school on a full-time basis for   the preceding school year; and                (3)  is a member of a household with a total annual   income that is at or below 200 percent of the federal poverty   guidelines.          (b)  A child who establishes eligibility under this section   may, subject to available funding and the requirements of this   subchapter, 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.          (c)  Notwithstanding Subsection (a) or (b), a child is not   eligible to participate in the program during the period in which   the child's parent or legal guardian is a state representative or   state senator.          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 quarterly deadlines   by which an applicant must complete and submit an application form   to participate in the program.          (b)  On receipt of more acceptable applications during an   application period for admission under this section than available   positions in the program due to insufficient funding, a certified   educational assistance organization shall, at the direction of the   comptroller:                (1)  for not more than 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 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.          (b-1)  This subsection applies only to children who are   eligible to participate in the program under Section 29.355(a-1).     Not more than 10 percent of available positions in the program may   be provided to children to whom this subsection applies.  Each year,   the comptroller shall notify each certified educational assistance   organization regarding the number of children to whom this   subsection applies that the organization may accept for   participation in the program for that year.  In accepting children   to whom this subsection applies to participate in the program, a   certified educational assistance organization shall ensure, to the   extent feasible, that the organization accepts an equivalent number   of children from each region of this state.          (c)  The comptroller shall create an application form for the   program and each certified educational assistance organization   shall make the application form readily available through various   sources, including the organization's Internet website. The   application form must state the quarterly 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 the parent of each child participating in the   program the information described by Subsection (d). The   organization may provide the information electronically.          (f)  A certified educational assistance organization:                (1)  may require the parent of a child participating in   the program to submit annual notice regarding the parent's intent   for the child 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 a child participating in the program   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; and                (4)  notify the program participant's certified   educational assistance organization not later than 30 business 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 children participating in the program in a manner in which the   children 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 child participating in the program:                            (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 child participating in the program 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 child participating in the program is not included in the registry   under Section 22.092; or                (4)  for a higher education provider, demonstrates   nationally recognized postsecondary accreditation.          (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 business 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;                (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, including   purchases made through a third-party vendor of educational   products;                (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 child participating in the program served by the   organization.          (b)  To initiate payment to an education service provider or   vendor of educational products for an education-related expense   approved under Section 29.359, the parent of a child participating   in the program must submit a request in a form prescribed by   comptroller rule to the certified educational assistance   organization that serves the child.          (c)  Subject to Subsection (d) and Sections 29.362(h) 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   applicable program participant's account balance.          (e)  A certified educational assistance organization shall   provide program participants with electronic access to:                (1)  view the participant's current account balance;                (2)  initiate the payment process under Subsection (b);   and                (3)  view a summary of the participant's past account   activity, including payments from the account to education service   providers and vendors of educational products.          Sec. 29.361.  AMOUNT OF PAYMENT; FINANCING. (a) Regardless   of the quarterly deadline by which the parent applies for   enrollment in the program under Section 29.356(a), a parent of a   child participating in the program shall receive each year that the   child participates in the program payments from the state from   funds available under Section 29.353 to the child's account equal   to a total 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 five 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 from money appropriated for purposes of   this subchapter.          (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 a parent of a child participating in   the program, 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)  On receipt   of money distributed by the comptroller for purposes of making   payments to program participants, a certified educational   assistance organization shall make quarterly payments to the   account of each child participating in the program served by the   organization in equal amounts on or before the first day of July,   October, January, and April.          (b)  Each year, the comptroller may deduct from the total   amount of money appropriated for purposes of this subchapter an   amount, not to exceed three percent of that total amount, to cover   the comptroller's cost of administering the program.          (c)  Not later than the first day of the month preceding the   start of each quarter, each certified educational assistance   organization shall submit to the comptroller in the form prescribed   by comptroller rule an estimate of the organization's costs of   administering the program for that quarter.          (d)  Each quarter, the comptroller shall disburse from money   appropriated for the program to each certified educational   assistance organization the amount necessary to cover the   organization's costs of administering the program for that quarter,   calculated as provided by Subsection (e). The total amount   disbursed to a certified educational assistance organization under   this subsection for a state fiscal year may not exceed five percent   of the amount distributed to the organization under the program for   that fiscal year.          (e)  The amount of a certified educational assistance   organization's disbursement under Subsection (d) is the lesser of:                (1)  the amount of the organization's estimate   submitted under Subsection (c);                 (2)  the product of the total amount to be disbursed and   the average percentage of program participants served by the   organization during the preceding quarter; or                (3)  five percent of the amount distributed to the   organization for purposes of making payments to program   participants for that quarter.          (f)  On or before the first day of October and February, 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.          (g)  The comptroller by rule shall establish a process by   which a program participant may authorize the comptroller or a   certified education assistance organization 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.          (h)  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 education-related expenses   allowed under Section 29.359 from the child's account have been   completed, the child's account shall be closed and any remaining   money returned to the comptroller for deposit in the program fund.          (i)  Each quarter, any interest or other earnings   attributable to money held by a certified education assistance   organization for purposes of the program shall be remitted to the   comptroller for deposit in the program fund.          Sec. 29.363.  AUDITING. (a) The comptroller shall contract   with a private entity to audit accounts and student eligibility   data not less than once per year to ensure compliance with   applicable law and program requirements.  The audit must include a   review of:                (1)  a certified educational assistance organization's   internal controls over program transactions; and                (2)  compliance by:                      (A)  program participants with the requirements   of Section 29.357; and                      (B)  certified educational assistance   organizations with the requirements of Section 29.354.          (b)  In conducting an audit, the private entity may require a   program participant or a certified educational assistance   organization to provide information and documentation regarding   any transaction occurring under the program.           (c)  The private entity shall report to the comptroller any   violation of this subchapter or other relevant law, including any   transactions the entity determines to be unusual or suspicious,   found by the entity during an audit conducted under this section.     The comptroller shall report the violation or transaction to:                (1)  the applicable certified educational assistance   organization;                (2)  the education service provider or vendor of   educational products, as applicable; and                (3)  the parent of each child participating in the   program who is affected by the violation or transaction.           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   or for a child who was not eligible to participate in the program at   the time of the expenditure.  The money may be recovered from the   program participant or the entity that received the money in   accordance with Subtitles A and B, Title 2, Tax Code, or as provided   by other law if the program participant's account is suspended or   closed under this section. The comptroller shall deposit money   recovered under this subsection to the credit of the program fund.          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 obtains evidence of fraudulent use of an account or   money distributed under the program by a certified educational   assistance organization or program participant, the comptroller   shall notify the appropriate local county or district attorney with   jurisdiction over the principal place of business of the certified   educational assistance organization or the residence of the program   participant, as applicable.           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 and may   not be considered to be an agent of state government on the basis of   receiving that money.          (b)  A rule adopted or other governmental action taken   related to the program may not impose requirements that are   contrary to or limit the religious or institutional values or   practices of an education service provider, vendor of educational   products, or program participant, including by limiting the ability   of the provider, vendor, or participant, as applicable, to:                (1)  determine the methods of instruction or curriculum   used to educate students;                (2)  determine admissions and enrollment practices,   policies, and standards;                (3)  modify or refuse to modify the provider's,   vendor's, or participant's religious or institutional values or   practices, including operations, conduct, policies, standards,   assessments, or employment practices that are based on the   provider's, vendor's, or participant's religious or institutional   values or practices; or                (4)  exercise the provider's, vendor's, or   participant's religious or institutional practices as determined   by the provider, vendor, or participant.          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.          (c)  The certified educational assistance organization or an   education service provider or vendor of educational products that   obtains information regarding a child participating in the program:                (1)  shall comply with state and federal law regarding   the confidentiality of student educational information; and                (2)  may not sell or otherwise distribute information   regarding a child participating 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   require that each certified educational assistance organization   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 an organization, the number and   percentage of children participating in the program 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 child'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, each certified educational   assistance organization 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 3.03.  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 3.04.  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 3.05.  Subchapter J, Chapter 29, Education Code, as   added by this article, applies beginning with the 2024-2025 school   year.          SECTION 3.06.  (a)  Not later than February 15, 2024, 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 3.07.  (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 business 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 3.08.  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, is 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.          SECTION 3.09.  This article takes effect September 1, 2023.   ARTICLE 4.  SPECIAL EDUCATION          SECTION 4.01.  Section 29.001, Education Code, is amended to   read as follows:          Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION   LAW [STATEWIDE PLAN].  (a)  As the state education agency   responsible for carrying out the purposes of Part B, Individuals   with Disabilities Education Act (IDEA) (20 U.S.C. Section 1411 et   seq.), the [The] agency shall develop, and revise [modify] as   necessary, a comprehensive system to ensure statewide and local   compliance [design, consistent] with federal and state law related   to special education[, for the delivery of services to children   with disabilities in this state that includes rules for the   administration and funding of the special education program so that   a free appropriate public education is available to all of those   children between the ages of three and 21].          (b)  The comprehensive system [statewide design] shall   include the provision of services primarily through school   districts and shared services arrangements, supplemented by   regional education service centers.          (c)  The comprehensive system [agency] shall focus on   maximizing student outcomes and include [also develop and implement   a statewide plan with programmatic content that includes procedures   designed to]:                (1)  rulemaking, technical assistance, guidance   documents, monitoring protocols, and other resources as necessary   to implement and ensure compliance with federal and state law   related to special education [ensure state compliance with   requirements for supplemental federal funding for all   state-administered programs involving the delivery of   instructional or related services to students with disabilities];                (2)  the facilitation of [facilitate] interagency   coordination when other state agencies are involved in the delivery   of instructional or related services to students with disabilities;                (3)  the pursuit of [periodically assess statewide   personnel needs in all areas of specialization related to special   education and pursue] strategies to meet statewide special   education and related services personnel [those] needs [through a   consortium of representatives from regional education service   centers, local education agencies, and institutions of higher   education and through other available alternatives];                (4)  ensuring [ensure] that regional education service   centers throughout the state maintain a regional support function,   which may include direct service delivery and a component designed   to facilitate the placement of students with disabilities who   cannot be appropriately served in their resident districts;                (5)  [allow the agency to] effectively monitoring   [monitor] and periodically conducting [conduct] site visits of all   school districts to ensure that rules adopted under this subchapter   [section] are applied in a consistent and uniform manner, to ensure   that districts are complying with those rules, and to ensure that   annual statistical reports filed by the districts and not otherwise   available through the Public Education Information Management   System under Sections 48.008 and 48.009 are accurate and complete;   and                (6)  the provision of training and technical assistance   to ensure that:                      (A)  appropriately trained personnel are involved   in the diagnostic and evaluative procedures operating in all   districts and that those personnel routinely serve on district   admissions, review, and dismissal committees;                      (B)  [(7)  ensure that] an individualized   education program for each student with a disability is properly   developed, implemented, and maintained in the least restrictive   environment that is appropriate to meet the student's educational   needs;                      (C)  [(8)  ensure that,] when appropriate, each   student with a disability is provided an opportunity to participate   in career and technology and physical education classes[, in   addition to participating in regular or special classes];                      (D)  [(9)  ensure that] each student with a   disability is provided necessary related services;                      (E)  [(10)  ensure that] an individual assigned   to act as a surrogate parent for a child with a disability, as   provided by 20 U.S.C. Section 1415(b), is required to:                            (i) [(A)]  complete a training program that   complies with minimum standards established by agency rule;                            (ii) [(B)]  visit the child and the child's   school;                            (iii) [(C)]  consult with persons involved   in the child's education, including teachers, caseworkers,   court-appointed volunteers, guardians ad litem, attorneys ad   litem, foster parents, and caretakers;                            (iv) [(D)]  review the child's educational   records;                            (v) [(E)]  attend meetings of the child's   admission, review, and dismissal committee;                            (vi) [(F)]  exercise independent judgment   in pursuing the child's interests; and                            (vii) [(G)]  exercise the child's due   process rights under applicable state and federal law; and                      (F)  [(11)  ensure that] each district develops a   process to be used by a teacher who instructs a student with a   disability in a regular classroom setting:                            (i) [(A)]  to request a review of the   student's individualized education program;                            (ii) [(B)]  to provide input in the   development of the student's individualized education program;                            (iii) [(C)]  that provides for a timely   district response to the teacher's request; and                            (iv) [(D)]  that provides for notification   to the student's parent or legal guardian of that response.          SECTION 4.02.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0012 to read as follows:          Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION. (a)  At   least once each year, the board of trustees of a school district or   the governing body of an open-enrollment charter school shall   include during a public meeting a discussion of the performance of   students receiving special education services at the district or   school.          (b)  The agency by rule shall adopt a set of performance   indicators for measuring and evaluating the quality of learning and   achievement for students receiving special education services at   the school district or open-enrollment charter school to be   considered at a meeting held under this section.  The indicators   must include performance on the college, career, or military   readiness outcomes described by Section 48.110.          SECTION 4.03.  Section 29.003, Education Code, is amended to   read as follows:          Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall   develop specific eligibility criteria based on the general   classifications established by this section and in accordance with   federal law [with reference to contemporary diagnostic or   evaluative terminologies and techniques].  Eligible students with   disabilities shall enjoy the right to a free appropriate public   education, which may include instruction in the regular classroom,   instruction through special teaching, or instruction through   contracts approved under this subchapter.  Instruction shall be   supplemented by the provision of related services when appropriate.          (b)  A student is eligible to participate in a school   district's special education program [if the student]:                (1)  from birth through [is not more than] 21 years of   age if the student [and] has a visual [or auditory] impairment or is   deaf or hard of hearing and that disability prevents the student   from being adequately or safely educated in public school without   the provision of special education services; [or]                (2)  from three years of age through five years of age   if the student is experiencing developmental delays as described by   20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or                (3)  from 3 years of age through [is at least three but   not more than] 21 years of age if the student [and] has one or more   of the [following] disabilities described by 20 U.S.C. Section   1401(3)(A) and that disability prevents the student from being   adequately or safely educated in public school without the   provision of special education services[:                      [(A)  physical disability;                      [(B)  intellectual or developmental disability;                      [(C)  emotional disturbance;                      [(D)  learning disability;                      [(E)  autism;                      [(F)  speech disability; or                      [(G)  traumatic brain injury].          SECTION 4.04.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0056 to read as follows:          Sec. 29.0056.  INFORMATION REGARDING STATE SUPPORTED LIVING   CENTERS. (a)  In this section, "state supported living center" has   the meaning assigned by Section 531.002, Health and Safety Code.          (b)  The Health and Human Services Commission, in   collaboration with the agency and stakeholders who represent the   full continuum of educational residential placement options, shall   develop and provide to the agency materials regarding educational   residential placement options for children who may qualify for   placement in a state supported living center. The agency shall make   the materials developed under this subsection available to school   districts.          (c)  At a meeting of a child's admission, review, and   dismissal committee at which residential placement is discussed,   the school district shall provide to the child's parent the   materials developed under Subsection (b).          SECTION 4.05.  Section 29.008, Education Code, is amended by   amending Subsections (a) and (b) and adding Subsection (a-1) to   read as follows:          (a)  The commissioner shall establish a list of approved   public or private facilities, institutions, or agencies inside or   outside of this state that a [A] school district, shared services   arrangement unit, or regional education service center may contract   with [a public or private facility, institution, or agency inside   or outside of this state] for the provision of services to students   with disabilities in a residential placement.  The commissioner may   approve either the whole or a part of a facility or program.          (a-1)  Each contract described by this section [for   residential placement] must be approved by the commissioner.  The   commissioner may approve a [residential placement] contract under   this section only after at least a programmatic evaluation of   personnel qualifications, costs, adequacy of physical plant and   equipment, and curriculum content.  [The commissioner may approve   either the whole or a part of a facility or program.]          (b)  Except as provided by Subsection (c), costs of an   approved contract for residential placement may be paid from a   combination of federal, state, and local funds.  The local share of   the total contract cost for each student is that portion of the   local tax effort that exceeds the district's local fund assignment   under Section 48.256, divided by the average daily attendance in   the district.  If the contract involves a private facility, the   state share of the total contract cost is that amount remaining   after subtracting the local share.  If the contract involves a   public facility, the state share is that amount remaining after   subtracting the local share from the portion of the contract that   involves the costs of instructional and related services.  For   purposes of this subsection, "local tax effort" means the total   amount of money generated by taxes imposed for debt service and   maintenance and operation less any amounts paid into a tax   increment fund under Chapter 311, Tax Code.  This subsection   expires September 1, 2027.          SECTION 4.06.  The heading to Section 29.009, Education   Code, is amended to read as follows:          Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD   SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH   DISABILITIES].          SECTION 4.07.  Section 29.010, Education Code, is amended to   read as follows:          Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The   agency shall develop [adopt] and implement a comprehensive system   for monitoring school district compliance with federal and state   laws relating to special education.  The monitoring system must   include a comprehensive cyclical process and a targeted risk-based   process [provide for ongoing analysis of district special education   data and of complaints filed with the agency concerning special   education services and for inspections of school districts at   district facilities].  The agency shall establish criteria and   instruments for use in determining district compliance under this   section [use the information obtained through analysis of district   data and from the complaints management system to determine the   appropriate schedule for and extent of the inspection].          (b)  As part of the monitoring process [To complete the   inspection], the agency must obtain information from parents and   teachers of students in special education programs in the district.          (c)  The agency shall develop and implement a system of   interventions and sanctions for school districts the agency   identifies as being in noncompliance with [whose most recent   monitoring visit shows a failure to comply with major requirements   of] the Individuals with Disabilities Education Act (20 U.S.C.   Section 1400 et seq.), federal regulations, state statutes, or   agency requirements necessary to carry out federal law or   regulations or state law relating to special education.          (d)  The agency shall establish a graduated process of   sanctions to apply to [For] districts that remain in noncompliance   for more than one year[, the first stage of sanctions shall begin   with annual or more frequent monitoring visits]. The [Subsequent]   sanctions shall [may] range in severity and may include [up to] the   withholding of funds.  If funds are withheld, the agency may use the   funds to provide, through alternative arrangements, services to   students and staff members in the district from which the funds are   withheld.          (e)  The agency's complaint management division shall   develop a system for expedited investigation and resolution of   complaints concerning a district's failure to provide special   education or related services to a student eligible to participate   in the district's special education program.          [(f)  This section does not create an obligation for or   impose a requirement on a school district or open-enrollment   charter school that is not also created or imposed under another   state law or a federal law.]          SECTION 4.08.  Section 29.018, Education Code, is amended by   adding Subsection (g) to read as follows:          (g)  This section expires September 1, 2026.          SECTION 4.09.  Section 29.026(i), Education Code, is amended   to read as follows:          (i)  A program selected to receive a grant under this section   is [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 two years.          SECTION 4.10.  Section 29.027(d), Education Code, is amended   to read as follows:          (d)  A grant under this section is [The commissioner shall   select grant recipients and award grant funds beginning in the   2021-2022 school year. The grants are] to be awarded for two years.          SECTION 4.11.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.029 to read as follows:          Sec. 29.029.  SUPPORTS FOR RECRUITING SPECIAL EDUCATION   STAFF. (a) From funds appropriated or otherwise available for the   purpose, the agency shall provide grants to school districts and   open-enrollment charter schools to increase the number of qualified   and appropriately credentialed special education staff, including   special education teachers, special education paraprofessionals,   evaluation personnel, ancillary instruction personnel, and related   service personnel.          (b)  A school district or open-enrollment charter school   that receives a grant under this section shall require each person   the district or school uses the grant money to assist in becoming   licensed, certified, or otherwise credentialed as described by   Subsection (a) to work at the district or school for a period   established by commissioner rule.          (c)  The commissioner shall adopt rules establishing the   period of required employment described by Subsection (b) and any   other rules necessary to implement this section.          SECTION 4.12.  The heading to Subchapter A-1, Chapter 29,   Education Code, is amended to read as follows:   SUBCHAPTER A-1. PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]   SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES   [PROGRAM]          SECTION 4.13.  Sections 29.041(2) and (3), Education Code,   are amended to read as follows:                (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.          SECTION 4.14.  Sections 29.042(a) and (c), Education Code,   are amended to read as follows:          (a)  The agency by rule shall establish and administer a   parent-directed [supplemental special education services and   instructional materials] program for students receiving special   education services, through which a parent may direct supplemental   services and supplemental instructional materials for the parent's   student [students] who meets [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 in the amount provided under Section 48.305 [of   not more than $1,500] to purchase supplemental [special education]   services and supplemental [special education] instructional   materials.          (c)  A student may receive one grant under this subchapter   unless the legislature appropriates money for an additional grant   in the General Appropriations Act [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].          SECTION 4.15.  Section 29.045, Education Code, is amended to   read as follows:          Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF   ACCOUNT. The [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.          SECTION 4.16.  Sections 29.046(a) and (b), Education Code,   are amended to read as follows:          (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.          SECTION 4.17.  Sections 29.047(a), (c), (d), and (e),   Education Code, are amended to read as follows:          (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.          (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.          SECTION 4.18.  Subchapter A-1, Chapter 29, Education Code,   is amended by adding Section 29.0475 to read as follows:          Sec. 29.0475.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR   AUTONOMY. (a) A provider of supplemental services or vendor of   supplemental instructional materials 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 a provider of supplemental   services, vendor of supplemental instructional materials, or   program participant to be the actions of an agent of state   government;                (2)  limit:                      (A)  a provider of supplemental services' 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 a provider of supplemental services or   program participant to act contrary to the provider's or   participant's religious or institutional values, as applicable;                (4)  impose any regulation on a provider of   supplemental services, vendor of supplemental instructional   materials, 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)  a provider of supplemental services 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 a provider of supplemental services or vendor of   supplemental instructional materials 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 a   provider of supplemental services to meet the educational needs of   students in accordance with the provider's religious or   institutional values.          SECTION 4.19.  Section 29.048, Education Code, is amended to   read as follows:          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 or supplemental instructional materials that may be   provided under the program under this subchapter.          (b)  Unless the district first verifies that an account has   been assigned to the student under Section 29.045, the [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 or supplemental instructional   materials 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).          SECTION 4.20.  Subchapter A-1, Chapter 29, Education Code,   is amended by adding Section 29.0485 to read as follows:          Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.   Notwithstanding Section 7.057, a determination of the commissioner   under this subchapter is final and may not be appealed.          SECTION 4.21.  Section 29.049, Education Code, is amended to   read as follows:          Sec. 29.049.  RULES. The commissioner shall adopt rules as   necessary to administer the supplemental [special education]   services and supplemental instructional materials program under   this subchapter.          SECTION 4.22.  Section 29.315, Education Code, is amended to   read as follows:          Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF   UNDERSTANDING. The Texas Education Agency and the Texas School for   the Deaf shall develop[, agree to, and by commissioner rule adopt no   later than September 1, 1998,] a memorandum of understanding to   establish:                (1)  the method for developing and reevaluating a set   of indicators of the quality of learning at the Texas School for the   Deaf;                (2)  the process for the agency to conduct and report on   an annual evaluation of the school's performance on the indicators;                (3)  the requirements for the school's board to   publish, discuss, and disseminate an annual report describing the   educational performance of the school;                (4)  the process for the agency to assign an   accreditation status to the school, to reevaluate the status on an   annual basis, and, if necessary, to conduct monitoring reviews; and                (5)  the type of information the school shall be   required to provide through the Public Education Information   Management System (PEIMS).          SECTION 4.23.  Section 30.001(b), Education Code, is amended   to read as follows:          (b)  The commissioner, with the approval of the State Board   of Education, shall develop and implement a plan for the   coordination of services to children with disabilities in each   region served by a regional education service center.  The plan   must include procedures for:                (1)  identifying existing public or private   educational and related services for children with disabilities in   each region;                (2)  identifying and referring children with   disabilities who cannot be appropriately served by the school   district in which they reside to other appropriate programs;                (3)  assisting school districts to individually or   cooperatively develop programs to identify and provide appropriate   services for children with disabilities;                (4)  expanding and coordinating services provided by   regional education service centers for children with disabilities;   and                (5)  providing for special education supports   [services], including special seats, books, instructional media,   and other supplemental supplies and services required for proper   instruction.          SECTION 4.24.  Section 30.002(g), Education Code, is amended   to read as follows:          (g)  To facilitate implementation of this section, the   commissioner shall develop a system to distribute from the   foundation school fund to school districts or regional education   service centers a special supplemental allowance for each student   with a visual impairment and for each student with a serious visual   disability and another medically diagnosed disability of a   significantly limiting nature who is receiving special education   services through any approved program.  The supplemental allowance   may be spent only for special education services uniquely required   by the nature of the student's disabilities and may not be used in   lieu of educational funds otherwise available under this code or   through state or local appropriations.          SECTION 4.25.  Section 30.005, Education Code, is amended to   read as follows:          Sec. 30.005.  TEXAS SCHOOL FOR THE BLIND AND VISUALLY   IMPAIRED MEMORANDUM OF UNDERSTANDING.  The Texas Education Agency   and the Texas School for the Blind and Visually Impaired shall   develop[, agree to, and by commissioner rule adopt] a memorandum of   understanding to establish:                (1)  the method for developing and reevaluating a set   of indicators of the quality of learning at the Texas School for the   Blind and Visually Impaired;                (2)  the process for the agency to conduct and report on   an annual evaluation of the school's performance on the indicators;                (3)  the requirements for the school's board to   publish, discuss, and disseminate an annual report describing the   educational performance of the school;                (4)  the process for the agency to:                      (A)  assign an accreditation status to the school;                      (B)  reevaluate the status on an annual basis; and                      (C)  if necessary, conduct monitoring reviews;   and                (5)  the type of information the school shall be   required to provide through the Public Education Information   Management System (PEIMS).          SECTION 4.26.  Section 37.146(a), Education Code, is amended   to read as follows:          (a)  A complaint alleging the commission of a school offense   must, in addition to the requirements imposed by Article 45.019,   Code of Criminal Procedure:                (1)  be sworn to by a person who has personal knowledge   of the underlying facts giving rise to probable cause to believe   that an offense has been committed; and                (2)  be accompanied by a statement from a school   employee stating:                      (A)  whether the child is eligible for or receives   special education services under Subchapter A, Chapter 29; and                      (B)  the graduated sanctions, if required under   Section 37.144, that were imposed on the child before the complaint   was filed.          SECTION 4.27.  Section 48.265(a), Education Code, is amended   to read as follows:          (a)  If [Notwithstanding any other provision of law, if] the   commissioner determines that the amount appropriated for the   purposes of the Foundation School Program exceeds the amount to   which school districts are entitled under this chapter, the   commissioner may provide [by rule shall establish a grant program   through which excess funds are awarded as] grants using the excess   money for the purchase of video equipment, or for the reimbursement   of costs for previously purchased video equipment, used for   monitoring special education classrooms or other special education   settings required under Section 29.022.          SECTION 4.28.  This article 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 article does not receive the vote necessary for immediate   effect, this article takes effect September 1, 2023.   ARTICLE 5. FISCAL RESPONSIBILITY          SECTION 5.01.  (a) Notwithstanding any other section of   this Act, in a state fiscal year, the Texas Education Agency or   comptroller of public accounts is not required to implement a   provision found in another section of this Act that is drafted as a   mandatory provision imposing a duty on the agency to take an action   unless money is specifically appropriated to the agency for that   fiscal year to carry out that duty. The Texas Education Agency or   comptroller of public accounts may implement the provision in that   fiscal year to the extent other funding is available to the agency   to do so.          (b)  If, as authorized by Subsection (a) of this section, the   Texas Education Agency or comptroller of public accounts does not   implement the mandatory provision in a state fiscal year, the   agency or comptroller of public accounts, as applicable, in its   legislative budget request for the next state fiscal biennium,   shall certify that fact to the Legislative Budget Board and include   a written estimate of the costs of implementing the provision in   each year of that next state fiscal biennium.          (c)  This section and the suspension of the Texas Education   Agency's or comptroller of public accounts' duty to implement a   mandatory provision of this Act, as provided by Subsection (a) of   this section, expires and the duty to implement the mandatory   provision resumes on September 1, 2027.     * * * * *