The program may not be used to treat participating providers or participants like state agents, restrict their educational or religious choices, impose extra regulation, or force creed, curriculum, policy, or assessment changes as a condition of funding.
Sec. 29.0475. PROGRAM PARTICIPANT, PROVIDER, AND VENDOR AUTONOMY. (a) A provider of supplemental services or vendor of supplemental instructional materials that receives money distributed under the program is not a recipient of federal financial assistance on the basis of receiving that money. (b) A rule adopted or action taken related to the program by an individual, governmental entity, court of law, or program administrator may not: (1) consider the actions of a provider of supplemental services, vendor of supplemental instructional materials, or program participant to be the actions of an agent of state government; (2) limit: (A) a provider of supplemental services' ability to determine the methods used to educate the provider's students or to exercise the provider's religious or institutional values; or (B) a program participant's ability to determine the participant's educational content or to exercise the participant's religious values; (3) obligate a provider of supplemental services or program participant to act contrary to the provider's or participant's religious or institutional values, as applicable; (4) impose any regulation on a provider of supplemental services, vendor of supplemental instructional materials, or program participant beyond those regulations necessary to enforce the requirements of the program; or (5) require as a condition of receiving money distributed under the program: (A) a provider of supplemental services to modify the provider's creed, practices, admissions policies, curriculum, performance standards, employment policies, or assessments; or (B) a program participant to modify the participant's creed, practices, curriculum, performance standards, or assessments. (c) In a proceeding challenging a rule adopted by a state agency or officer under this subchapter, the agency or officer has the burden of proof to establish by clear and convincing evidence that the rule: (1) is necessary to implement or enforce the program as provided by this subchapter; (2) does not violate this section; (3) does not impose an undue burden on a program participant or a provider of supplemental services or vendor of supplemental instructional materials that participates or applies to participate in the program; and (4) is the least restrictive means of accomplishing the purpose of the program while recognizing the independence of a provider of supplemental services to meet the educational needs of students in accordance with the provider's religious or institutional values. Added by Acts 2025, 89th Leg., R.S., Ch. 1065 (H.B. 2), Sec. 4.31, eff. June 20, 2025. Added by Acts 2025, 89th Leg., R.S., Ch. 1137 (S.B. 568), Sec. 31, eff. June 20, 2025.