| (2) Supplemental special education instructional materials
and services must directly benefit the eligible student's educational
needs.
(3) Supplemental special education instructional materials
shall be used in compliance with TEA purchasing guidelines.
(4) If TEA approves vendors for a category of instructional
material under subsection (d) of this section, supplemental special
education instructional materials must be purchased from the TEA-approved
vendor for that category of supplemental special education instructional
material. If TEA does not establish criteria for a category of supplemental
special education instructional materials, funds in a student's account
may be used to purchase the supplemental special education instructional
materials from any vendor.
(5) The contracted ESC has full authority to reject
or deny any purchase.
(6) Parents and guardians may not use SSES program
funds for reimbursement of goods or services obtained outside of the
marketplace. SSES program funds shall not be paid directly to parents
or guardians of eligible students.
(h) Account use restrictions. TEA may, subject to the
appeal process referenced in subsection (e)(4) of this section, close
or suspend accounts and reclaim a portion or all of the funds from
accounts in the marketplace if:
(1) the supplemental special education materials or
services that parents or guardians attempt to purchase are not educational
in nature or are deemed to be in violation of the purchasing guidelines
set forth by TEA;
(2) it is determined that the supplemental special
education materials or services purchased do not meet the definitions
in subsection (a)(5) and (6) of this section;
(3) the SSES program parental acknowledgement affidavit
is not signed within 30 calendar days of receipt of account email
from the marketplace vendor; or
(4) a student no longer meets the eligibility criteria
set out in subsection (b) of this section.
(i) Requirements to provide information. School districts
and open-enrollment charter schools shall notify families of their
eligibility for the SSES program and shall provide the following at
the student's admission, review, and dismissal (ARD) committee meeting:
(1) instructions and resources on accessing the online
accounts; and
(2) information about the types of goods and services
that are available through the SSES grant.
(j) Restrictions. A student's ARD committee may not
consider a student's current or anticipated eligibility for any supplemental
special education instructional materials or services that may be
provided under this section when developing or revising a student's
individualized education program, when determining a student's educational
setting, or in the provision of a free appropriate public education.
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