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Texas Education Freedom Accounts

YOUR SPEAKER

Laura Colangelo

Executive Director

Texas Private Schools Association

TEXAS PRIVATE SCHOOLS ASSOCIATION

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Educational Freedom Accounts

SB2 became law Sept. 1

Provides $1B for approx. 70,000 students�

Per student, annually:

Student enrolled in an eligible school: $10,500 - $12,000
A child with a disability: up to $30,000
Home-schooled participants: $2,000

Jen

How much money is available?

The state has budgeted $1 billion, which will serve approximately 90,000 students – but given that amounts vary between $2,000 and 30,000 the total number of students who receive ESAs is hard to predict.

How much is each student eligible to receive?

Participants choosing an accredited private or Catholic school receive 85% of the estimated statewide average amount of state and local funding per student for the most recent school year, which was calculated at $10,500 but with the implementation of HB 2, that number is likely to go up to 12,000 or higher. A child with a disability may receive up to $30,000, according to the amount the child’s school district would receive if the child were enrolled in public school, based on the child’s individualized education program (IEP).

Home-schooled participants receive $2,000.

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Eligible expenses include:

School tuition
Tutoring
Uniforms
School breakfast and lunch at private schools
Online education programs
Therapies for students with special needs
Textbooks or other instructional materials

Laura

What are approved expenses?

Tuition and fees for a private school, higher ed provider, online educational course or program, or a program that provides industry-based credential approved by TEA.
Purchase of instructional materials or uniforms.
Fees for classes provided by a public school.
Costs related to academic assessments.
Fees for private tutor or teaching service.
Fees for transportation provided by a fee-for-service transportation provider.
Fees for educational therapies or services not covered by government benefits or private insurance.
Costs of computer hardware and software and other technological devices required by a provider or prescribed by a physician (not to exceed in any year 10% of the total amount in the child’s ESA for the year).
Costs of breakfast or lunch provided during the school day by a private school.
Money may not be used to pay any person related to a program participant within the third degree of consanguinity.

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Acceptable Fees: �All must be education-related expenses

Definitely Yes: Application fees, registration fees, course-specific fees, uniforms, textbooks and instructional materials, costs related to assessment instruments, fees for a private tutor or teaching service, feeds for educational therapies, costs related to transportation, computer hardware and software (no more than 10% of total amount allocated), breakfast and/or lunch at school

Not Confirmed: Sports fees, activity fees, trip fees

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Approved private schools

Accredited by TEPSAC or TEA
Annually administer a nationally-norm-referenced assessment for EFA participants Grades 3-12
Continuously operated a campus for at least two school years preceding participation in EFA program
Financial review or audit per accreditation rules

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Autonomy

An education service provider or vendor who receives EFA money is not a recipient of federal financial assistance and may not be considered a state actor.

The state may not impose limits or requirements contrary to religious or institutional values of a provider, vendor, or participant regarding curriculum, admissions practices, operations, policies, standards, etc.

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Eligible students:

Student must be a U.S. citizen, national, or lawful resident eligible to attend a Texas public school.
Priority for children from low-income families and with special learning needs.
Siblings are approved together; family does not have to reapply each year.
PreK eligibility different!

Jen

Although all students meeting the above criteria are eligible (including those attending Catholic schools or home schooled) the law prioritizes children from low-income families and children with special learning needs.

Students attending public schools or charter schools full time are not eligible for ESAs.If a student is approved, so is the student’s sibling(s) who applied.

Once a family is approved and receives an ESA, they do not need to reapply each year. Their account will remain active as long as they continue to meet the program’s requirements. Unused funds may roll over year to year with no rollover limit while the student participates in the program.

Pastoral Responses to Mixed Status Families Regarding ESAs

The bill requires that the students have proper legal status to be in the United States. This means that citizen children of undocumented parents are eligible to attend. However, in the present immigration enforcement environment, it may not be prudent for these families to apply because the income verification will likely be done with the social security numbers of the parents. The state has asked public universities to identify undocumented students because of the lawsuit prohibiting in-state tuition for undocumented students. Mixed status families may be putting their families at risk by applying for the program. It's important that our schools and pastors are prepared to have conversations with parishioners about the risks of applying and other financial assistance options that may be safer for their families. We will work on some additional talking points as a part of our ESA implementation efforts that you can share with your pastors and school leaders.

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Pre-K Eligibility – 3 and 4 year olds

Unable to speak and comprehend the English language.

Educationally disadvantaged, which means eligible to participate in the national free or reduced-price lunch program which is up to 185% of federal poverty guidelines (up to $59,477.50 for family of four).

Homeless.

Child of an active-duty member of the U.S. armed forces, including the state military forces or a reserve component of the armed forces, who is ordered to active duty by proper authority.

A child of a member of the U.S. armed forces, including the state military forces or a reserve component of the armed forces, who was injured or killed while serving on active duty.

Is or ever has been in the conservatorship of the Department of Family and Protective Services or foster care in another state or territory if the child resides in this state.

Is the child of a person eligible for the Star of Texas Award as a peace officer, firefighter, or an emergency medical first responder

Is the child of a person employed as a classroom teacher at a public primary or secondary school in the school district that offers a prekindergarten class under Education Code 29.153

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Prioritization

Children with disabilities whose family income is equal or less than 500% of FPG.
Families with income 200% or less than FPG.
Family income between 200-500% of FPG.
All others. Within this group:

Priority for students coming from public schools
Capped at 20% of total

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Transferring from public school

Parents can obtain records

School district, TEA or charter school must verify child’s eligibility to Odyssey, program administrator

Odyssey must comply with confidentiality laws and timelines

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Parents required to:

Spend program money only for eligible expenses

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Authorize the school to share child's assessment results with Odyssey

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Not sell an item purchased with program money and

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Notify Odyssey within 30 days of child enrolling in public school, graduating high school, or otherwise becoming ineligible to enroll in public school.

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Special Education Considerations�Diagnoses:�

Physical disability;
Intellectual or developmental disability;
Emotional disturbance;
Learning disability including dyslexia;
Autism;
Speech disability; or
Traumatic brain injury.

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Special Education Diagnoses for Prioritization Only

For prioritization, NOT for increased funding, proof of eligibility to participate in a school district’s special education program by meeting an eligibility described by 19 TAC 89.1040 signed by one or more licensed professionals qualified to attest that the child meets the applicable eligibility definition. An FIIE will also be sufficient for prioritization. ��A licensed specialist in school psychology (LSSP)/school psychologist, an educational diagnostician, or other appropriately certified or licensed practitioner with experience and training in the area of the disability. Or a licensed or certified professional for a specific eligibility category.

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IEPs Required for Increased Funding

Families may request evaluations from either the district that the child resides in OR from the district where the private school is located.

Districts are aware of their responsibility to conduct these

evaluations and receive increased funding to do them, even

for students in private schools with no intention of

attending public school.

Materials and evaluations done at the private school may

be helpful to the districts. Feel free to provide them.

The IEP is not time limited so can be from any date.

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Requirements for children with disabilities

The parent of a child not enrolled in public school may request a school district to provide an evaluation and to develop an IEP for the child.

Odyssey, the certified education assistance organization, must provide notice to parents regarding how federal and state laws regarding the provision of educational services to a child with a disability in apply differently for private schools, versus public.

Odyssey must provide information regarding the rights to which a child with a disability is entitled if the child attends a public school.

MUST Have ISD IEP by January to qualify for additional funding

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Student Applications

One of these items needed to prove citizenship or legal residency: �A birth certificate issued in US or a territory, certificate of U.S.�naturalization, a certificate of US citizenship, a U.S. Consular Report �of Birth Abroad, a U.S. passport, a Legal Permanent Resident Card, �an order or judicial decision issued from the Executive Office of �Immigration Review, or other documentation issued by the Department of Homeland Security affirming lawful admission.

One of these items needed to prove current residency: a utility bill, lease or mortgage statement, driver’s license or state identification card, voter registration card, letter from a U.S. government agency or notarized affidavit of residency

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Student Applications (Continued)

Opens February 4^th. Closing date not yet announced.

Children may be admitted from the waiting list, and the funding of the child’s account will be prorated for the remaining months of the program year beginning on the first day of the month following the month of approval. The regular dates for payments are by July 1, October 1 and April 1, but the Comptroller may choose to make the final payment early.

Participating parents do not have to reapply every year, but they must �be in good standing and provide notice to Odyssey if the parent intends�for their child to continue in the next year.

Wait-listed students may update or supplement his or her application �rather than beginning the process anew.

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Sign Up for Comptroller Updates

Educational service providers and vendors of educational products

Parents and students

Private schools

Public and charter schools

CPA news release list

https://comptroller.texas.gov/programs/education/esa/

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............

Questions?

Thank you for attending!

Laura Colangelo

Executive Director

Texas Private Schools Association

Laura@TexasPrivateSchools.org

(512)695-6932

TEXAS PRIVATE SCHOOLS ASSOCIATION