Struck = removed from the bill ·
added = the amendment's new text.
HB334ZE0ARK-1 ENGROSSED: D7LUTT-2 By Representatives Garrett, Collins RFD:
Ways05/02/2023 and: Means Education First Read:
18-Apr-23KMS 2023AMENDMENT RegularTO SessionHB334 Page2ND 0WAYS HB334AND EngrossedMEANS 2EDUCATION 4AMENDMENT ATO BILLHB334 TOOFFERED BEBY ENTITLEDREPRESENTATIVE ANFAULKNER ACT2 94 ToAfter createline the27 Studentson withpage Unique1 Needsinsert (SUN)the Educationfollowing, Scholarshipand Accountrenumber Actthe andsubsequent Program;subdivisions accordingly:
to allow parents to use funds in an education scholarship account to provide an individualized education program for their children.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1.
This act shall be known and may be cited as the Students with Unique Needs (SUN) Education Scholarship Account Act.
Section 2.
As used in this act, the following terms shall have the following meanings:
(2)Replace EDUCATIONlines SERVICE30 PROVIDER.through 31 on page 2 with the following:
A licensed and accredited program or service providing educational services for students and approved by the department.
(3)Replace ELIGIBLElines STUDENT.57 through 58 on page 3 with the following:
Aprovides studenteducation underto 19K-12 yearsstudents ofand agehas whonotified wasthe enrolleddepartment inof andits attendedintention ato publicparticipate K-12 school in this state during the previousReplace schoollines year,124 exceptthrough as126 otherwiseon providedpage in5 paragraphwith a., and who is any of the following:
a.
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.
b.
A student who has an individual education plan or 504 accommodation issued according to Section 504 of the Rehabilitation Act of 1973, including, but not limited to, a student who has an intellectual disability or is speech or language impaired, deaf or hard of hearing, visually impaired, dual sensory impaired, physically impaired, emotionally handicapped, specific learning disabled, autistic, or hospitalized or home bound because of illness or disability.
c.
A foster child who has achieved permanency through adoption or guardianship.
d.
Homeless and lacks fixed, regular, and adequate housing.
(4) PARENT.
A resident of this state who is the parent, guardian, custodian, or other individual with authority to act on behalf of a child.
(5) PARTICIPATING SCHOOL.
A private school, including church, parochial, or religious school, that provides education to K-12 students and has notified the department of its intention to participate in the program and comply with the requirements of the program.
(6) PRIVATE TUTORING.
Tutoring services provided by tutors who are accredited by a regional or national accrediting organization.
(7) PROGRAM.
The Students with Unique Needs (SUN) Page 2 HB334 Engrossed Education Scholarship Program.
(8) RESIDENT SCHOOL DISTRICT.
The public school district in which the student resides.
Section 3.
(a) The Students with Unique Needs (SUN) Education Scholarship Account Program is created and shall be implemented commencing with the 2024-2025 school year.
To participate in the program, the parent of an eligible student shall sign an agreement to do all of the following:
(1) Provide an education for the eligible student in at least the subjects of reading, grammar, mathematics, social studies, science, and computer science.
(2) Refrain from enrolling the eligible student in a charter school.
(3) Refrain from enrolling or participating in the educational scholarship program provided through the Alabama Accountability Act of 2013.
(4) Refrain from enrolling in a public school unless it is for specific contracted services pursuant to subdivision (b)(8).
(b) Each parent participating in the program shall agree to use the funds in his or her eligible student's education scholarship account for the following qualifying expenses:
(1) Tuition and fees at a participating school.
(2) Textbooks required by a participating school.
(3) Payments for private tutoring.
(4) Payments for the purchase of curricula or instructional materials.
Page 3 HB334 Engrossed (5) Tuition and fees for an approved nonpublic online learning program.
(6) Fees for statewide assessments, advanced placement examinations, or related courses, fees associated with state-recognized industry examinations, and any examinations related to college or university admission.
(7) Education services for students with disabilities from a licensed or accredited practitioner or education service provider.
(8) Contracted services provided by a public school 95 district including specific classroom instruction.
(c) The amount the state shall deposit into an education scholarship account for a participating eligible student shall be 95 percent of the gross state Foundation Program cost-per-student for a public K-12 student during the applicable tax year.
(d) A participating school, private tutor, or other education service provider may not refund, rebate, or share any portion of a student's education scholarship account with a parent or the student in any manner.
The funds in an education scholarship account may only be used for qualifying expenses.
(g) Funds received pursuant to this section may not be considered taxable income of a parent.
(h) Eligible students who were previously enrolled in the program shall have priority for renewal in the program.
Section 4.
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.
Subject to appropriations from the Education Trust Fund, the education scholarship account of a student shall be funded according to subsection (c) of Section 3.
(a) The State Board of Education shall adopt rules as necessary for the administration ofPage the1 programZE0ARK-1 by: the department.
(b)05/02/2023 The: department shall establish education scholarship accounts for eligible students by doing all of the following:
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER of the program by the department.
(b) The department shall establish education Replace lines 129 through 134 on page 5 with the following:
Upon approval of an applicationapplication, the student shall be included for funding.
(2)Replace Establishinglines and138 maintainingthrough separate141 accountson forpages each5 eligibleand student.6 with the following:
(3) Verifying qualifying expenditures.
The funds returned to the department shall be allocated to the resident schoolReplace districtline of149 on page 6 with the student.following:
(c)(d) ProgramThe paymentsdepartment made pursuant to this section shall continuereceive untilfive aReplace participatinglines student154 enrollsthrough in162 aon publicpage school6 orwith graduatesthe fromfollowing: high school.
Purchasingproviders contractedshall servicessubmit fromreports aquarterly public school system pursuant to subdivisionthe (b)(8)Page of2 SectionZE0ARK-1 3: does not constitute enrollment.
(d)05/02/2023 The: department 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)KMS ParticipatingAMENDMENT schoolsTO andHB334 education2ND serviceWAYS providersAND shallMEANS submitEDUCATION reportsAMENDMENT quarterlyTO toHB334 theOFFERED BY REPRESENTATIVE FAULKNER department detailing the number of students participating, services provided, and other information requested by the department.
(f) To avoid duplicate payments, the department shall compare the list of participating students with the public school enrollment lists provided by the department before each program payment is made.
(g) The department shall conduct or contract forReplace theline auditing164 ofon individualpage education6 scholarshipwith accounts.the following:
At a minimum, the department shall conduct random auditsReplace ofline education170 scholarshipon accountspage annually7 and,with if a misuse of funds in an education scholarship account is discovered, may prohibit further participation by the parentfollowing: in the program.
(h) If evidence of fraudulent use of an account is found, the department shall refer the case to local orReplace stateline law172 enforcementon agenciespage for7 furtherwith investigation.the following:
(a) The department shall doReplace allline of176 on page 7 with the following:
(1) Create, or contract for the creation of, a standard application form for parents of eligible students to submit to the department to establish their student's eligibilityPage for3 theZE0ARK-1 program: and ensure the form is readily available through various sources, including the Internet.
(2)05/02/2023 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 department.
(3)KMS MaintainAMENDMENT andTO routinelyHB334 update2ND theWAYS listAND ofMEANS approvedEDUCATION educationAMENDMENT serviceTO providersHB334 OFFERED BY REPRESENTATIVE FAULKNER Replace line 182 on thepage department's7 website.with the following:
(4)responsibilities Complyof withthe alldepartment. student privacy laws.
(5)Replace Collectlines test184 results.through 185 on page 7 with the following:
(6)education Provideservice testproviders results, associated learning gains, and graduation rates to the public on the department's websitewebsite. commencing with the fourth year of test and graduation related data collection.
TheReplace informationlines shall189 bethrough aggregated190 byon thepage grade7 level,with gender, family income level, number of years of participation in the program,following: and race of the student.
(7)and Provide graduation rates to the public on the department's website commencing with the fourth year of test and testReplace relatedlines data195 collection.through 196 on page 7 with the following:
Section(7) 7.Provide graduation rates to the public on the department's website commencing with the fourth Replace line 199 on page 8 with the following:
(a) To ensure that funds are spent appropriately, the State Board of Education shall adopt rules and policiesPage necessary4 forZE0ARK-1 the: auditing of education scholarship accounts.
(b)(1)05/02/2023 The: department shall develop a system for the payment of benefits including, but not limited to, allowing participating schools and education service providers to invoice the department for qualified expenses or allowing the parent or guardian who submitted the program application to seek reimbursement for qualified expenses.
(2)KMS TheAMENDMENT departmentTO mayHB334 make2ND directWAYS paymentsAND toMEANS participatingEDUCATION schoolsAMENDMENT andTO education service providers or reimbursement to the parent or guardian who submitted the Page 7 HB334 EngrossedOFFERED programBY applicationREPRESENTATIVE pursuantFAULKNER toReplace aline check,202 warrant,on electronicpage funds8 transfer,with or any other means of payment deemed by the departmentfollowing: to be commercially viable or cost effective.
(b)(1) The systemdepartment shall providedevelop maximuma flexibilitysystem to96 parentsReplace byline facilitating205 requestson forpage preapproval8 ofwith andthe reimbursementsfollowing: for qualifying expenses.
(3)invoice Thethe Statedepartment Board of Education may also provide, by rule, for thequalified paymentexpenses ofor educationReplace serviceline providers208 on apage quarterly8 orwith annualthe basis.following:
(c)(2) The department shallmay adoptmake adirect processpayments forReplace removingline participating213 schoolson andpage education8 servicewith providersthe thatfollowing: defraud parents and for referring cases of fraud to law enforcement.
(d)department Theto departmentbe shallcommercially establishviable or contractcost forReplace theline establishment217 ofon anpage online8 anonymouswith fraudthe reportingfollowing: service.
(e)(3) The departmentState shallBoard establishof orEducation contractmay foralso theprovide, establishmentby ofReplace anline anonymous220 telephoneon hotlinepage for8 fraudwith reporting.the following:
(c) The department shall adopt a process for Replace line 224 on page 8 with the following:
(d) The department shall establish or Page 5 ZE0ARK-1 :
05/02/2023 :
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER Replace line 227 on page 9 with the following:
(e) The department shall establish or Replace line 230 on page 9 with the following:
(a) The department shall be subjectReplace toline the235 Alabamaon Administrativepage Procedure9 Act,with 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 programfollowing: funds have occurred.
(b) The department shall conduct or contract forReplace auditsline of240 educationon servicepage providers9 orwith any other recipients of education scholarship account funds where there is evidence of misuse of funds or other violations of the program.following:
(c) The department may bar a participating school, PageReplace 8line HB334243 Engrossedon educationpage service9 provider,with or other recipient of education scholarship account funds from accepting payments from education scholarship accounts if the department determines the participating school has done any of the following:
(1) Misrepresented information, obtained education scholarship accountaccounts fundsif bythe fraud,department orReplace failedlines to254 refundthrough any257 overon paymentspage in10 awith timelythe manner.following:
(2)provider Failedis tobarred providefrom anthe eligibleprogram, studentthe withdepartment theshall educationalnotify serviceseligible fundedstudents byand their parents of the educationdecision scholarshipas account.soon as practicable.
(3)The Routinelydepartment failedshall tocoordinate comply with the accountabilityprohibition standardsto establishedPage in6 thisZE0ARK-1 act.:
(d)05/02/2023 If: a participating school or education services provider is barred from the program, the department shall notify eligible students and their parents of the decision as soon as practicable.
TheKMS departmentAMENDMENT shallTO coordinateHB334 the2ND prohibitionWAYS toAND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER coincide with theReplace endline of261 theon academicpage school10 year.with the following:
Parents, participating students, education service providers, and other recipients of education scholarship account funds may make an administrative appeal of the department's decision.
SectionReplace 9.line 282 on page 11 with the following:
(a) To ensure that each student is treated fairly and kept safe, all participating schools and education service providers shall do all of the following:
(1) Comply with all health and safety laws or codes that apply to participating schools.
(2) Affirm that nationally standardized tests are being annually administered and results, both individual and Page 9 HB334 Engrossed composite, as appropriate, are being provided to parents and prospective parents.
(3) Hold a valid occupancy permit if required by the municipality where the school is located.
(4) Certify that the school complies with the nondiscrimination policies set forth in 42 U.S.C.
§ 1981.
(5) Comply with the Alabama Child Protection Act of 1999, Chapter 22A of Title 16, Code of Alabama 1975.
(b) To ensure that funds are spent appropriately, all participating schools shall do the following:
(1) Provide parents with a receipt for all qualifying expenses at the school.
(2) Demonstrate financial viability by showing that any funds that may be provided from an education scholarship account may be repaid by doing all of the following:
Filing with the department prior to the startReplace ofline the288 schoolon yearpage a11 suretywith bond payable to the statefollowing: 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 department prior to the startReplace ofline the304 schoolon yearpage financial11 informationwith that demonstrates the schoolfollowing: 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)department Inon orderan toannual allowbasis, parentsbeginning andwith taxpayers to measure Page 10 HB334 Engrossed the achievementsReplace ofline the307 program,on parentspage shall11 ensurewith all of the following:
(1)allows Eachthe yeardepartment theirto eligibleaggregate studentdata takesas aReplace nationallyline standardized309 teston atpage their12 residentwith schoolthe district.following:
Students(4) withInform disabilitiesthe fordepartment whomof standardizedan testingPage is7 not appropriate, as outlined in their individualized education plan, are exempt from this requirement.
(2) Inform the department of an eligible student's graduation from high school.
Section 10.
The resident school district shall provide a participating school or education service provider that has admitted an eligible student under the program with the complete copy of the eligible student's school records, while complying with the Family Educational Rights and Privacy Act of 1974, 20 U.S.C.
§ 1232g.
Section 11.
Nothing in this act shall alter, amend, or limit the application of the Alabama High School Athletic Association's constitution and bylaws to member schools.
Section 12.
This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.
Page 11 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