HB 324 — Eligibility requirements

90R1938 MM-D By: González of El Paso H.B. No. 324 relating to eligibility requirements for private schools to participate in the education savings account program.

SECTION 1. Section 29.358(b), Education Code, is amended to read as follows: (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) has previously been approved by the agency to provide supplemental special education services under Subchapter A-1 and remains in good standing with the agency; (2) for a private school, demonstrates: (A) accreditation by an organization recognized by: (i) the Texas Private School Accreditation Commission; or (ii) the agency; (B) annual administration for students in grades 3 through 12 of a nationally norm-referenced assessment instrument or the appropriate assessment instrument required under Subchapter B, Chapter 39; [ and ] (C) the school has continuously operated a campus for at least two school years preceding the date the school seeks approval under this section; and (D) that the school states on the school's Internet website: (i) the types of services and accommodations the school provides for students with disabilities; and (ii) that the school is not required to provide educational services to a student in the manner prescribed by an individualized education program developed for the student under Section 29.005 or a plan developed for the student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); (3) for a school district or open-enrollment charter school, demonstrates: (A) accreditation by the agency; and (B) the ability to provide services or products to participating children in a manner in which the children are not counted toward the district's or school's average daily attendance; (4) for a private tutor, therapist, or teaching service, demonstrates that: (A) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a participating child: (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 participating child provides to the comptroller a national criminal history record information review completed for the tutor, therapist, or employee, as applicable, within a period established by comptroller rule or authorizes the comptroller or the comptroller's designee to conduct a national criminal history record information review of the tutor, therapist, or employee as prescribed by comptroller rule; and (C) the tutor or therapist or each employee of the teaching service who intends to provide educational services to a participating child is not: (i) required to be discharged or refused to be hired by a school district under Section 22A.157 [ 22.085 ]; or (ii) included in the registry under Section 22A.151 [ 22.092 ]; (5) for a higher education provider, demonstrates nationally recognized postsecondary accreditation; or (6) notwithstanding Subdivision (2), for a private provider serving children in prekindergarten or kindergarten, demonstrates that the provider meets the requirements to be an eligible private provider under Section 29.171.

SECTION 2. This Act applies beginning with the 2027-2028 school year.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2027.