Bill Summary – FastDemocracy

   
      88(4) HB 41 - Introduced version - Bill Text
      
		By:  Cain
            H.B.  No.  41
         
               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to the establishment of a parental empowerment program 
         
            administered by the comptroller of public accounts.
         
                          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                          SECTION  1.    This Act may be cited as the Texas Parental 
         
            Empowerment Act of 2023.
         
                          SECTION  2.    The legislature finds that:
         
                                      (1)    parents should be empowered to direct their 
         
            children's education;
         
                                      (2)    there is not one best educational option for all 
         
            children in this state;
         
                                      (3)    children belong to their parents, not to the 
         
            government;
         
                                      (4)    the best education for children in this state is 
         
            one directed by their parents, with all educational options made 
         
            available and accessible through a program in which money follows 
         
            each child to the educational option that best meets the child's 
         
            unique educational needs; and
         
                                      (5)    in Espinoza v. Montana Department of Revenue, 140 
         
            S. Ct. 2246 (2020) and Carson v. Makin, 142 S. Ct. 1987 (2022), the 
         
            United States Supreme Court held that state prohibitions on the use 
         
            of generally available state tuition assistance programs for 
         
            children to attend religious schools violate the Free Exercise 
         
            Clause of the First Amendment to the United States Constitution.
         
                          SECTION  3.    The purpose of this Act is to achieve a general 
         
            diffusion of knowledge, increase efficiency by providing highly 
         
            qualified education professionals an opportunity to empower 
         
            parents to make the best decision regarding the education of the 
         
            parent's child, enshrine the parent as the primary decision maker 
         
            in all matters involving the parent's child, and fully fund schools 
         
            in this state while giving parents a choice about which type of 
         
            school is the right choice for the parent's child.
         
                          SECTION  4.    Section 48.266, Education Code, is amended by 
         
            adding Subsection (b-1) to read as follows:
         
                          (b-1)    Notwithstanding Subsection (b), the commissioner 
         
            shall adjust enrollment estimates and entitlement for each school 
         
            district for each school year based on information provided by the 
         
            comptroller under Section 48.551(g).  This subsection expires 
         
            September 1, 2028.
         
                          SECTION  5.    Chapter 48, Education Code, is amended by adding 
         
            Subchapter J to read as follows:
         
            SUBCHAPTER J.  PARENTAL EMPOWERMENT PROGRAM
         
                          Sec.  48.551.    PARENTAL EMPOWERMENT PROGRAM.  (a)  In this 
         
            subchapter, "program" means the Parental Empowerment Program 
         
            established under this section.
         
                          (b)    A parent or legal guardian of an eligible student who 
         
            agrees to accept reimbursement in an amount that is less than the 
         
            state average maintenance and operations expenditures per student 
         
            may receive reimbursement from the state for the tuition paid for 
         
            the enrollment of the eligible student at a private school in an 
         
            amount that is the lesser of:
         
                                      (1)    the tuition paid; or
         
                                      (2)    80 percent of the state average maintenance and 
         
            operations expenditures per student.
         
                          (c)    A student is eligible to participate in the program if 
         
            the student is a school-age child who resides in this state.
         
                          (d)    Money from the available school fund and federal funds 
         
            may not be used for reimbursement under this section.
         
                          (e)    A private school voluntarily selected by a parent for 
         
            the parent's child to attend, with or without governmental 
         
            assistance, may not be required to comply with any state law or rule 
         
            governing the school's educational program that was not in effect 
         
            on September 1, 2023.
         
                          (f)    The comptroller shall administer the program and 
         
            provide reimbursement to a parent or legal guardian of an eligible 
         
            student, or the parent's or guardian's assignees, as authorized by 
         
            this section.
         
                          (g)    Not later than October 1 of each year, the comptroller 
         
            shall notify the commissioner and the Legislative Budget Bo
Statutes affected: 
Introduced: Education Code 48.266 (Education Code 48)



	A BILL TO BE ENTITLED
	AN ACT
	relating to the establishment of a parental empowerment program
	administered by the comptroller of public accounts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. This Act may be cited as the Texas Parental
	Empowerment Act of 2023.
	SECTION 2. The legislature finds that:
	(1) parents should be empowered to direct their
	children's education;
	(2) there is not one best educational option for all
	children in this state;
	(3) children belong to their parents, not to the
	government;
	(4) the best education for children in this state is
	one directed by their parents, with all educational options made
	available and accessible through a program in which money follows
	each child to the educational option that best meets the child's
	unique educational needs; and
	(5) in Espinoza v. Montana Department of Revenue, 140
	S. Ct. 2246 (2020) and Carson v. Makin, 142 S. Ct. 1987 (2022), the
	United States Supreme Court held that state prohibitions on the use
	of generally available state tuition assistance programs for
	children to attend religious schools violate the Free Exercise
	Clause of the First Amendment to the United States Constitution.
	SECTION 3. The purpose of this Act is to achieve a general
	diffusion of knowledge, increase efficiency by providing highly
	qualified education professionals an opportunity to empower
	parents to make the best decision regarding the education of the
	parent's child, enshrine the parent as the primary decision maker
	in all matters involving the parent's child, and fully fund schools
	in this state while giving parents a choice about which type of
	school is the right choice for the parent's child.
	SECTION 4. Section 48.266, Education Code, is amended by
	adding Subsection (b-1) to read as follows:
	(b-1) Notwithstanding Subsection (b), the commissioner
	shall adjust enrollment estimates and entitlement for each school
	district for each school year based on information provided by the
	comptroller under Section 48.551(g). This subsection expires
	September 1, 2028.
	SECTION 5. Chapter 48, Education Code, is amended by adding
	Subchapter J to read as follows:
	SUBCHAPTER J. PARENTAL EMPOWERMENT PROGRAM
	Sec. 48.551. PARENTAL EMPOWERMENT PROGRAM. (a) In this
	subchapter, "program" means the Parental Empowerment Program
	established under this section.
	(b) A parent or legal guardian of an eligible student who
	agrees to accept reimbursement in an amount that is less than the
	state average maintenance and operations expenditures per student
	may receive reimbursement from the state for the tuition paid for
	the enrollment of the eligible student at a private school in an
	amount that is the lesser of:
	(1) the tuition paid; or
	(2) 80 percent of the state average maintenance and
	operations expenditures per student.
	(c) A student is eligible to participate in the program if
	the student is a school-age child who resides in this state.
	(d) Money from the available school fund and federal funds
	may not be used for reimbursement under this section.
	(e) A private school voluntarily selected by a parent for
	the parent's child to attend, with or without governmental
	assistance, may not be required to comply with any state law or rule
	governing the school's educational program that was not in effect
	on September 1, 2023.
	(f) The comptroller shall administer the program and
	provide reimbursement to a parent or legal guardian of an eligible
	student, or the parent's or guardian's assignees, as authorized by
	this section.
	(g) Not later than October 1 of each year, the comptroller
	shall notify the commissioner and the Legislative Budget Bo Statutes affected: Introduced: Education Code 48.266 (Education Code 48)