HB 334 — To create the Students with Unique Needs (SUN) Education Scholarship Account Act and Program; to allow parents to use funds in an education scholarship account to provide an individualized education program for their children.
Last action — Reported Favorably (Finance and Taxation Education)
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Summary
Student's with Unique Needs (SUN) Education Scholarship Account Act
Bill Text
What changed in the latest version
337 added · 334 removedPlain-language change summary
The revised version of Bill HB 334 includes added definitions for key terms, specifically defining "DEPARTMENT" as the State Department of Education and "EDUCATION SERVICE PROVIDER" as a licensed and accredited program that provides educational services for students. These changes clarify the roles and entities involved in the scholarship program. This matters because it helps ensure that parents and providers understand who is responsible for overseeing the education services and what qualifies as an acceptable provider, making the implementation of the program smoother and more effective.
HB334 INTRODUCEDENGROSSED D7LUTT-1D7LUTT-2 By Representatives Garrett, Collins RFD:
18-Apr-23 Page2023 0Regular D7LUTT-1Session 04/13/2023Page KMS0 (L)crHB334 2023-483Engrossed 2 4 SYNOPSIS:A BILL TO BE ENTITLED AN ACT 9 To create the Students with Unique Needs (SUN) Education Scholarship Account Act and Program;
This bill creates the Students with Unique Needs (SUN) Education Scholarship Account Act and Program.
This bill would allow parents to use funds deposited in education scholarship accounts of eligible students, to provide an individualized education program for their children.
A BILL TO BE ENTITLED AN ACT To create the Students with Unique Needs (SUN) Education Scholarship Account Act and Program;
(1) EDUCATIONDEPARTMENT. SERVICE PROVIDER.
AThe licensed and Page 1 HB334 INTRODUCED accredited program or service providing educational services for students and approved by the State Department of Education.
(2) ELIGIBLEEDUCATION STUDENT.SERVICE PROVIDER.
A licensed and accredited program or service providing educational services for students and approved by the department.
(3) ELIGIBLE STUDENT.
The child of a parent who is a member of the Armed Page 1 HB334 Engrossed Forces of the United States, who is on active duty or was killed in the line of duty, and who may or may not have been enrolled in or attended a public K-12 school in the state during the previous school year.
(3)(4) PARENT.
(4)(5) PARTICIPATING SCHOOL.
A private schoolschool, thatincluding Pagechurch, 2parochial, HB334or INTRODUCEDreligious school, that provides education to K-12 students and has notified the Statedepartment Department of Education of its intention to participate in the program and comply with the requirements of the program.
(5)(6) PRIVATE TUTORING.
(6)(7) PROGRAM.
The Students with Unique Needs (SUN) Page 2 HB334 Engrossed Education Scholarship Program.
(7)(8) RESIDENT SCHOOL DISTRICT.
(b) Each parent participating in the program shall agree to use the funds in his or her eligible student's Page 3 HB334 INTRODUCED education scholarship account for the following qualifying expenses:
Page 3 HB334 Engrossed (5) Tuition and fees for an approved nonpublic online learning program.
(6) Fees for statewide assessments, advanced placement 95 examinations, or related courses, fees associated with state-recognized industry examinations, and any examinations related to college or university admission.
(8) Contracted services provided by a public school 95 district including specific classroom instruction.
The funds in an education scholarship account may only be used for qualifying Page 4 HB334 INTRODUCED expenses.
The program shall be limited to 500 students for the 2024-2025 school year, with new enrollment limited to Page 4 HB334 Engrossed 500 additional students each school year thereafter.
(a) The DepartmentState Board of RevenueEducation shall adopt rules as necessary for the administration of the program.program by the department.
(b) The Departmentdepartment of Revenue shall establish education scholarship accounts for eligible students by doing all of the following:
Upon receiptapproval of an application,application the Departmentstudent of Revenue shall providebe toincluded the State Department of Education information relating to the student which will allow the State Department of Education to include the student for funding.
(4) Returning any unused funds to the Statedepartment Department of Education when a student is no longer eligible for an education scholarship account.
The funds returned to the Statedepartment Page 5 HB334 INTRODUCED Department of Education shall be allocated to the resident school district of the student.
(d) The Departmentdepartment of Revenue shall receive five percent of funds not deposited into an education scholarship account pursuant Page 5 HB334 Engrossed to subsection (c) of Section 3, as costs for administering the program.
(e) Participating schools and education service providers shall submit reports quarterly to the Departmentdepartment of Revenue detailing the number of students participating, services provided, and other information requested by the Departmentdepartment. of Revenue.
(f) To avoid duplicate payments, the Departmentdepartment of Revenue shall compare the list of participating students with the public school enrollment lists provided by the Statedepartment Department of Education before each program payment is made.
(g) The Departmentdepartment of Revenue shall conduct or contract for the auditing of individual education scholarship accounts.
At a minimum, the Departmentdepartment of Revenue shall conduct random audits of education scholarship accounts annually and, if a misuse of funds in an education scholarship account is discovered, may prohibit further participation by the parent in the program.
Page 6 HB334 INTRODUCED (h) If evidence of fraudulent use of an account is found, the Departmentdepartment of Revenue shall refer the case to local or state law enforcement agencies for further investigation.
(a) The Statedepartment Department of Education shall do all of the following:
(1) Create, or contract for the creation of, a standard application form for parents of eligible students to submit to the Departmentdepartment of Revenue to establish their student's eligibility for the program and ensure the form is readily available through various sources, including the Internet.
(2) Provide to parents of participating students a written explanation of qualifying expenses, their Page 6 HB334 Engrossed responsibilities under the program, and the duties and responsibilities of the Statedepartment. Department of Education.
(3) Maintain and routinely update the list of approved education service providers on the Statedepartment's Department of Education website.
(6) Provide test results, associated learning gains, and graduation rates to the public on the Statedepartment's Department of Education website commencing with the fourth year of test and graduation related data collection.
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(7) Provide graduation rates to the public on the Statedepartment's Department of Education website commencing with the fourth Page 7 HB334 INTRODUCED year of test and test related data collection.
(a) To ensure that funds are spent appropriately, the DepartmentState Board of RevenueEducation shall adopt rules and policies necessary for the auditing of education scholarship accounts.
(b)(1) The Departmentdepartment of Revenue shall develop a system for the payment of benefits including, but not limited to, allowing privateparticipating schools and education service providers to invoice the Departmentdepartment of Revenue for qualified expenses or allowing the parent or guardian who submitted the program application to seek reimbursement for qualified expenses.
(2) The Departmentdepartment of Revenue may make direct payments to privateparticipating schools and education service providers or reimbursement to the parent or guardian who submitted the Page 7 HB334 Engrossed program application pursuant to a check, warrant, electronic funds transfer, or any other means of payment deemed by the Departmentdepartment of Revenue to be commercially viable or cost effective.
(3) The DepartmentState Board of RevenueEducation may also provide, by rule, for the payment of education service providers on a quarterly or annual basis.
(c) The Departmentdepartment of Revenue shall adopt a process for removing privateparticipating schoolschools and education service providers that defraud parents and for referring cases of fraud to law enforcement.
(d) The Departmentdepartment of Revenue shall establish or Page 8 HB334 INTRODUCED contract for the establishment of an online anonymous fraud reporting service.
(e) The Departmentdepartment of Revenue shall establish or contract for the establishment of an anonymous telephone hotline for fraud reporting.
(a) The Departmentdepartment of Revenue shall be subject to the Alabama Administrative Procedure Act, Chapter 22, Title 41, Code of Alabama 1975, and shall ensure that fair processes exist to determine whether an intentional or substantial misuse of the program funds have occurred.
(b) The Departmentdepartment of Revenue shall conduct or contract for audits of education service providers or any other recipients of education scholarship account funds where there is evidence of misuse of funds or other violations of the program.
(c) The Departmentdepartment of Revenue may bar a privateparticipating school, anPage 8 HB334 Engrossed education service provider, or other recipient of education scholarship account funds from accepting payments from education scholarship accounts if the Departmentdepartment of Revenue determines the privateparticipating school has done any of the following:
Page 9 HB334 INTRODUCED (d) If a participating school or education services provider is barred from the program, the Statedepartment Department of Education shall notify eligible students and their parents of the decision as soon as practicable.
The Statedepartment Department of Education shall coordinate the prohibition to coincide with the end of the academic school year.
Parents, participating students, education service providers, and other recipients of education scholarship account funds may make an administrative appeal of the Departmentdepartment's of Revenue decision.
(1) Comply with all health and safety laws or codes that apply to privateparticipating schools.
(2) ComplyAffirm withthat thenationally samestandardized financialtests are being annually administered and academicresults, accountabilityboth requirementsindividual ofand aPage public9 schoolHB334 system.Engrossed composite, as appropriate, are being provided to parents and prospective parents.
(2) Demonstrate financial viability by showing that any funds that may be provided from an education scholarship Page 10 HB334 INTRODUCED account may be repaid by doing all of the following:
Filing with the Departmentdepartment of Revenue prior to the start of the school year a surety bond payable to the state in an amount equal to the aggregate amount of the funds from education scholarship accounts expected to be paid during the school year from eligible students admitted at the participating school.
Filing with the Departmentdepartment of Revenue prior to the start of the school year financial information that demonstrates the school has the ability to pay an aggregate amount equal to the amount of the funds from education scholarship accounts expected to be paid during the school year to eligible students admitted to the participating school.
(c) In order to allow parents and taxpayers to measure Page 10 HB334 Engrossed the achievements of the program, parents shall ensure all of the following:
(1) Each year their eligible student takes thea statenationally achievementstandardized test at their resident school district.
(2) ProvideInform the resultsdepartment of these tests to the Department of Revenue on an annualeligible basis,student's beginninggraduation withfrom thehigh firstschool. year of testing.
(3) That student information is reported in a way which allows the State Department of Education to aggregate data as required by this act.
Page 11 HB334 INTRODUCED (4) Inform the State Department of Education of an eligible student's graduation from high school.
Page 1211 HB334 Engrossed House of Representatives Read for the first time and referred ................18-Apr-23 to the House of Representatives committee on Ways and Means Education Read for the second time and placed ................03-May-23 on the calendar:
amendments Read for the third time and passed ................11-May-23 as amended Yeas 99 Nays 5 Abstains 0 John Treadwell Clerk Page 12
Show all 66 changed rows (26 more)
Amendments
4 amendments- Amendment AH3AQ7-1 Show changes
- Amendment 5EWPM6-1 Show changes
- Ways and Means Education Amendment BUN344-1 Show changes
- Ways and Means Education Amendment ZE0ARK-1 Show changes
Click Show changes on an amendment above to see how it modifies the bill.
Action History
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Read Second Time in Second House
Sponsors
- Danny Garrett · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on · 26 voted No
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 3 | 2 | 0 | 0 |
| R | 56 | 11 | 0 | 4 |
| D | 8 | 13 | 0 | 5 |
| Total | 67 | 26 | 0 | 9 |
| % of votes cast | 66% | 25% | 0% | 9% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 0 | 0 | 0 |
| R | 68 | 2 | 0 | 1 |
| D | 23 | 3 | 0 | 0 |
| Total | 96 | 5 | 0 | 1 |
| % of votes cast | 94% | 5% | 0% | 1% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| R | 65 | 1 | 0 | 5 |
| D | 22 | 2 | 0 | 2 |
| Total | 91 | 3 | 0 | 8 |
| % of votes cast | 89% | 3% | 0% | 8% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 334 do?
- Student's with Unique Needs (SUN) Education Scholarship Account Act
- Who sponsors HB 334?
- HB 334 is sponsored by Danny Garrett (R).
- What is the current status of HB 334?
- This bill died with 2023 Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 334?
- Track HB 334 free on One Click Politics — get push/email alerts when it moves.
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