(a) The Texas Education Agency (TEA) will administer
the Supplemental Special Education Services Program described in Texas
Education Code (TEC), Chapter 29, Subchapter A-1, under the name Parent-Directed
Special Education Services (PDSES). Any reference to the Supplemental
Special Education Services Program, supplemental special education
services, supplemental special education instructional materials,
or SSES in state law and TEA materials is to be considered synonymous
with the PDSES program.
(b) Definitions. For the purposes of this section,
the following definitions apply.
(1) Eligible student--A student who meets all program
eligibility criteria under TEC, §29.044, and this section.
(2) Management system--The online system provided by
the marketplace vendor to allow for account creation, management of
funds, and access to the marketplace.
(3) Marketplace--The virtual platform where parents
and guardians with program funds may purchase goods and services.
(4) Marketplace vendor--The vendor chosen by TEA to
create an online marketplace for the use of program funds.
(5) Parent-directed special education instructional
materials (materials)--This term has the meaning defined in TEC, §29.041,
and specifically excludes materials that are provided as compensatory
services or as a means of providing a student with a free appropriate
public education.
(6) Parent-directed special education services (services)--This
term has the meaning defined in TEC, §29.041, and specifically
excludes services that are provided as compensatory services or as
a means of providing a student with a free appropriate public education
or an independent educational evaluation.
(7) Program--This term has the meaning in TEC, Chapter
29, Subchapter A-1, as well as the PDSES program.
(c) Eligibility criteria. All students currently enrolled
in a Texas public school district or open-enrollment charter school
who are served under an individualized education program (IEP) in
a special education program, including, but not limited to, students
in early childhood special education, prekindergarten, Kindergarten-Grade
12, and 18-and-over transition programs, are eligible for the program
with the following exclusions:
(1) students who do not reside in Texas or move out
of the state, not including military-connected students entitled to
enroll or remain enrolled while outside the state; or
(2) students who previously received a program grant,
beginning with the program's launch in the 2020-2021 school year.
(d) Awards.
(1) Parents and guardians of eligible students will
receive grants of $1,500 as long as funds are available for use in
the purchasing of materials and services through the curated marketplace
of educational goods and services. Parents and guardians may receive
only one grant for each eligible student. A student enrolled in a
school district or open-enrollment charter school that is eligible
for a compensatory education allotment under TEC, §48.104, will
be prioritized to receive a grant award.
(2) TEA will use Public Education Information Management
System (PEIMS) codes submitted by school districts and open-enrollment
charter schools by each school year's TEA-established fall data submission
deadline to verify eligibility in order to award accounts for the
program.
(e) Establishment of the marketplace.
(1) In accordance with TEC, §29.042(d), TEA shall
award an education service center (ESC) with an operational and school
district support grant, which may include, but is not limited to,
the following operational requirements:
(A) writing and administering a contract for a vendor
for the program marketplace that curates the content in its marketplace
for educational relevancy. In accordance with the Family Educational
Rights and Privacy Act, the contract must require the vendor for the
marketplace to protect and keep confidential students' personally
identifiable information, which may not be sold or monetized;
(B) providing technical assistance to parents and guardians
throughout the program process;
(C) serving as the main point of contact for the selected
marketplace vendor to ensure eligible student accounts are appropriately
spent down;
(D) approving or denying all purchases from the program
marketplace, including communication with parents and guardians about
purchase order requests; and
(E) approving or denying all potential service providers.
(2) Providers of materials and services may apply to
be listed in the marketplace. To become an approved marketplace service
provider, an applicant must sign a service provider agreement and
comply with licensing, safety, and employee background checks.
(A) Organization service providers are required to
provide their Texas Tax ID for TEA to verify the validity of the organization.
(B) Individual service providers are required to provide
proof of credentials and licensing in accordance with the individual
service provider categories established by TEA.
(3) TEA shall provide a process for the application
and approval of vendors to the marketplace.
(4) TEA and the marketplace vendor shall provide a
curated list of vendors through which parents and guardians can purchase
educationally relevant materials. The established marketplace vendor
shall be responsible for ensuring the vendors comply with program
parameters as they relate to the marketplace and be responsible for
all communications with marketplace vendors.
(f) Application process for grant on behalf of a student.
(1) TEA is responsible for the application process
and the determination of which applicants are approved for program
grants.
(2) Parents and guardians who would like to apply on
behalf of their eligible students must complete the online application.
(3) TEA will establish an annual application window.
If applications are submitted during the window for students who would
not show as eligible under the fall PEIMS data collection used by
TEA under subsection (d)(2) of this section, a parent must submit
evidence of eligibility when submitting the application.
(4) Upon approval of the application:
(A) TEA shall send contact information for parents
and guardians of eligible students in a secure manner to the online
marketplace vendor for account creation and distribution;
(B) parents and guardians of eligible students will
receive an email to the same email address provided during application
from the marketplace vendor with information on how to access their
accounts; and
(C) parents and guardians will be awarded an account
of $1,500, depending on availability of funds, per eligible student
to be used to purchase services and materials.
(5) Parents and guardians of students who are deemed
not eligible or who are determined to have violated account use restrictions
under subsection (i) of this section will receive notification from
TEA and be provided an opportunity to appeal the denial or account
use determination. TEA shall exercise its discretion to determine
the validity of any such appeal.
(6) A parent or guardian of a student who is deemed
not eligible because the student cannot be verified through the PEIMS
process described under subsection (d)(2) of this section or because
the parent or guardian did not submit the necessary documentation
during the designated application window for a student who became
eligible after the timeline described in subsection (d)(2) of this
section but before the end of the application window must wait until
the following school year's application window to reapply.
(7) If necessary, eligible students will be placed
on a waitlist and parents and guardians will be notified. When additional
funds become available, priority will be given in the order established
by the waitlist and in accordance with subsection (d) of this section.
(8) TEA shall maintain confidentiality of students'
personally identifiable information in accordance with the Family
Educational Rights and Privacy Act and, to the extent applicable,
the Health Insurance Portability and Accountability Act.
(g) Approval of application; assignment of account.
(1) TEA shall set aside funds for a pre-determined
number of accounts of $1,500 to be awarded to parents and guardians
of eligible students.
(2) Parents and guardians with more than one eligible
student may apply and receive a grant for each eligible student.
(3) Approved parents and guardians will receive an
award notification email from the marketplace vendor and may begin
spending account funds upon completion of account setup.
Cont'd... |