Amendment vs bill Ways and Means Education Amendment ZE0ARK-1 vs Engrossed

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HB334 ENGROSSED D7LUTT-2 By Representatives Garrett, Collins RFD:
ZE0ARK-1 :
Ways and Means Education First Read:
05/02/2023 :
18-Apr-23 2023 Regular Session Page 0 HB334 Engrossed 2 4 A BILL TO BE ENTITLED AN ACT 9 To create the Students with Unique Needs (SUN) Education Scholarship Account Act and Program;
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER 2 4 After line 27 on page 1 insert the following, and renumber the subsequent 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) EDUCATION SERVICE PROVIDER.
Replace lines 30 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.
for students and approved by the department.
(3) ELIGIBLE STUDENT.
Replace lines 57 through 58 on page 3 with the following:
A student under 19 years of age who was enrolled in and attended a public K-12 school in this state during the previous school year, except as otherwise provided in paragraph a., and who is any of the following:
provides education to K-12 students and has notified the department of its intention to participate in the Replace lines 124 through 126 on page 5 with 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.
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(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 of the program by the department.
(a) The State Board of Education shall adopt rules as necessary for the administration Page 1 ZE0ARK-1 :
(b) The department shall establish education scholarship accounts for eligible students by doing all of the following:
05/02/2023 :
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 application the student shall be included for funding.
Upon approval of an application, the student shall be included for funding.
(2) Establishing and maintaining separate accounts for each eligible student.
Replace lines 138 through 141 on pages 5 and 6 with the following:
(3) Verifying qualifying expenditures.
The funds returned to the department shall be allocated to the resident school district of the student.
The funds returned to the department shall be allocated to the resident Replace line 149 on page 6 with the following:
(c) Program payments made pursuant to this section shall continue until a participating student enrolls in a public school or graduates from high school.
(d) The department shall receive five Replace lines 154 through 162 on page 6 with the following:
Purchasing contracted services from a public school system pursuant to subdivision (b)(8) of Section 3 does not constitute enrollment.
providers shall submit reports quarterly to the Page 2 ZE0ARK-1 :
(d) 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.
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(e) Participating schools and education service providers shall submit reports quarterly to the department detailing the number of students participating, services provided, and other information requested by the department.
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED 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.
(f) To avoid duplicate payments, the department shall compare the list of participating students with the public school enrollment lists before each program payment is made.
(g) The department shall conduct or contract for the auditing of individual education scholarship accounts.
(g) The department shall conduct or contract Replace line 164 on page 6 with the following:
At a minimum, the department 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.
At a minimum, the department shall conduct random Replace line 170 on page 7 with the following:
(h) If evidence of fraudulent use of an account is found, the department shall refer the case to local or state law enforcement agencies for further investigation.
found, the department shall refer the case to local Replace line 172 on page 7 with the following:
(a) The department shall do all of the following:
(a) The department shall Replace line 176 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 eligibility for the program and ensure the form is readily available through various sources, including the Internet.
the department to establish their student's Page 3 ZE0ARK-1 :
(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 department.
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(3) Maintain and routinely update the list of approved education service providers on the department's website.
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER Replace line 182 on page 7 with the following:
(4) Comply with all student privacy laws.
responsibilities of the department.
(5) Collect test results.
Replace lines 184 through 185 on page 7 with the following:
(6) Provide test results, associated learning gains, and graduation rates to the public on the department's website commencing with the fourth year of test and graduation related data collection.
education service providers on the department's website.
The information shall be aggregated by the grade level, gender, family income level, number of years of participation in the program, and race of the student.
Replace lines 189 through 190 on page 7 with the following:
(7) Provide graduation rates to the public on the department's website commencing with the fourth year of test and test related data collection.
and graduation rates to the public on the department's website commencing with the fourth year of test and Replace lines 195 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 policies necessary for the auditing of education scholarship accounts.
appropriately, the State Board of Education shall adopt rules and Page 4 ZE0ARK-1 :
(b)(1) 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.
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(2) The department may make direct payments to participating 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 department to be commercially viable or cost effective.
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER Replace line 202 on page 8 with the following:
The system shall provide maximum flexibility to parents by facilitating requests for preapproval of and reimbursements for qualifying expenses.
(b)(1) The department shall develop a system 96 Replace line 205 on page 8 with the following:
(3) The State Board of Education may also provide, by rule, for the payment of education service providers on a quarterly or annual basis.
invoice the department for qualified expenses or Replace line 208 on page 8 with the following:
(c) The department shall adopt a process for removing participating schools and education service providers that defraud parents and for referring cases of fraud to law enforcement.
(2) The department may make direct payments Replace line 213 on page 8 with the following:
(d) The department shall establish or contract for the establishment of an online anonymous fraud reporting service.
department to be commercially viable or cost Replace line 217 on page 8 with the following:
(e) The department shall establish or contract for the establishment of an anonymous telephone hotline for fraud reporting.
(3) The State Board of Education may also provide, by Replace line 220 on page 8 with 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 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.
(a) The department shall be Replace line 235 on page 9 with the following:
(b) The department 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.
(b) The department shall conduct or contract Replace line 240 on page 9 with the following:
(c) The department may bar a participating school, Page 8 HB334 Engrossed education service provider, 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:
(c) The department may bar a participating school, Replace line 243 on page 9 with the following:
(1) Misrepresented information, obtained education scholarship account funds by fraud, or failed to refund any over payments in a timely manner.
education scholarship accounts if the department Replace lines 254 through 257 on page 10 with the following:
(2) Failed to provide an eligible student with the educational services funded by the education scholarship account.
provider is barred from the program, the department shall notify eligible students and their parents of the decision as soon as practicable.
(3) Routinely failed to comply with the accountability standards established in this act.
The department shall coordinate the prohibition to Page 6 ZE0ARK-1 :
(d) 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.
05/02/2023 :
The department shall coordinate the prohibition to coincide with the end of the academic school year.
KMS AMENDMENT TO HB334 2ND WAYS AND MEANS EDUCATION AMENDMENT TO HB334 OFFERED BY REPRESENTATIVE FAULKNER coincide with Replace line 261 on page 10 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.
appeal of the department's decision.
Section 9.
Replace 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 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 department prior to the Replace line 288 on page 11 with the following:
Filing with the department 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.
Filing with the department prior to the Replace line 304 on page 11 with the following:
(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:
department on an annual basis, beginning with the Replace line 307 on page 11 with the following:
(1) Each year their eligible student takes a nationally standardized test at their resident school district.
allows the department to aggregate data as Replace line 309 on page 12 with the following:
Students with disabilities for whom standardized testing is not appropriate, as outlined in their individualized education plan, are exempt from this requirement.
(4) Inform the department of an Page 7
(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