34 Tex. Admin. Code § 16.401 — Definitions

The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.

# (1)

Agency--The Texas Education Agency.

# (2)

Application period--The period that the program is open to receive applications.

# (3)

Assessment instrument or academic assessment--A nationally norm-referenced test evaluating academic aptitude or a test consistent with the requirements under Education Code, Chapter 39, Subchapter B, including an alternative assessment administered to a child with a disability. For this subchapter, a "nationally norm-referenced test" requires that the test compare a child's performance to the performance of comparable children throughout the United States.

# (4)

Campus--A building, set of buildings, or other property owned or controlled by a private school, including a virtual campus, and used by the institution in direct support of, or in a manner directly related to, the provision of educational instruction.

# (5)

Certified educational assistance organization--As defined by Education Code, §29.351(2), an organization certified under Education Code, §29.354, to support the administration of the program.

# (6)

Child with a disability--As defined by Education Code, §29.351(3), a child who is eligible to participate in a school district's special education program under Education Code, §29.003.

# (7)

Comptroller--The Texas Comptroller of Public Accounts.

# (8)

Education service provider or provider--An approved private school, or an approved private provider of a prekindergarten or kindergarten program.

# (9)

Educational therapies--Treatment provided to a participating child by or at the direction of a licensed physician or licensed therapist to address the academic performance of a participating child.

# (10)

Good standing--A participating parent, participating child, education service provider, or vendor of educational products or services shall be considered in good standing with the program by complying with all applicable program requirements and applicable law.

# (11)

Higher education provider--As defined by Education Code, §29.351(4), an institution of higher education or a private or independent institution of higher education, as those terms are defined by Education Code, §61.003.

# (12)

Industry-based credential--A credential listed on the agency's most recently published Industry-Based Certification List for Public School Accountability.

# (13)

Instructional materials--Printed or digital materials, supplies, or equipment that convey educational information to a student, assists another in conveying educational information to a student, or otherwise contributes to a student's learning process.

# (14)

Located in this state--A physical location in the state of Texas, whether a campus or administrative office, where the private school or private provider of a prekindergarten or kindergarten program employs one or more Texas residents sufficient to enable the program's operations and enforcement, including compliance with the program's audit requirements.

# (15)

Online educational course or program--A subject-specific instructional offering in which instruction and content are delivered synchronously or asynchronously primarily over the Internet.

# (16)

Parent--As defined by Education Code, §29.351(5), a resident of this state who is a natural or adoptive parent, managing or possessory conservator, legal guardian, custodian, or other person with legal authority to act on behalf of a child.

# (17)

Participating child--As defined by Education Code, §29.351(6), a child enrolled in the program.

# (18)

Participating parent--The parent who applied to participate in the program under Education Code, §29.356, on behalf of their child.

# (19)

Program--As defined by Education Code, §39.351(8), the program established under Education Code, Chapter 29, Subchapter J.

# (20)

Program participant--As defined by Education Code, §29.351(9), a participating child or a participating parent.

# (21)

Program year--The period from July 1 of one year through June 30 of the next year.

# (22)

Secretary--The Texas Secretary of State.

# (23)

Sibling--A brother, sister, stepbrother, stepsister, half-brother, half-sister, or a foster brother or sister who is a dependent of the participating parent and has been placed with the participating parent by an authorized placement agency or by judgment, decree, or other order of a court of competent jurisdiction.

# (24)

Total annual income--The adjusted gross income for federal income tax purposes or its estimated equivalent of the child's parents or, if only one parent qualifies to claim the child as a dependent, the adjusted gross income for federal income tax purposes or its estimated equivalent of the parent who qualifies to claim the child as a dependent.

# (25)

Tuition and fees--The standard amount imposed on all students under §16.406(1) of this subchapter for teaching and instruction, including application fees, registration fees, and course specific fees to the extent related to educational instruction.

# (26)

Vendor of educational products or services or vendor--A vendor approved to receive money from the program for providing products or services that are approved education related expenses. The term excludes an approved private school or an approved private provider of a prekindergarten or kindergarten program.
Source Note: The provisions of this §16.401 adopted
to be effective December 15, 2025, 50 TexReg 8046.