1-1     By:  Zaffirini                                        S.B. No. 1141
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on Human Services;
 1-4     March 25, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 4, Nays 0; March 25, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1141               By:  Zaffirini
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to surrogate parents for certain public education students
1-11     with disabilities.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1.  Section 29.001, Education Code, is amended to
1-14     read as follows:
1-15           Sec. 29.001.  STATEWIDE PLAN.  The agency shall develop, and
1-16     modify as necessary, a statewide design, consistent with federal
1-17     law, for the delivery of services to children with disabilities in
1-18     this state that includes rules for the administration and funding
1-19     of the special education program so that a free appropriate public
1-20     education is available to all of those children between the ages of
1-21     three and 21.  The statewide design shall include the provision of
1-22     services primarily through school districts and shared services
1-23     arrangements, supplemented by regional education service centers.
1-24     The agency shall also develop and implement a statewide plan with
1-25     programmatic content that includes procedures designed to:
1-26                 (1)  ensure state compliance with requirements for
1-27     supplemental federal funding for all state-administered programs
1-28     involving the delivery of instructional or related services to
1-29     students with disabilities;
1-30                 (2)  facilitate interagency coordination when other
1-31     state agencies are involved in the delivery of instructional or
1-32     related services to students with disabilities;
1-33                 (3)  periodically assess statewide personnel needs in
1-34     all areas of specialization related to special education and pursue
1-35     strategies to meet those needs through a consortium of
1-36     representatives from regional education service centers, local
1-37     education agencies, and institutions of higher education and
1-38     through other available alternatives;
1-39                 (4)  ensure that regional education service centers
1-40     throughout the state maintain a regional support function, which
1-41     may include direct service delivery and a component designed to
1-42     facilitate the placement of students with disabilities who cannot
1-43     be appropriately served in their resident districts;
1-44                 (5)  allow the agency to effectively monitor and
1-45     periodically conduct site visits of all school districts to ensure
1-46     that rules adopted under this section are applied in a consistent
1-47     and uniform manner, to ensure that districts are complying with
1-48     those rules, and to ensure that annual statistical reports filed by
1-49     the districts and not otherwise available through the Public
1-50     Education Information Management System under Section 42.006, are
1-51     accurate and complete;
1-52                 (6)  ensure that appropriately trained personnel are
1-53     involved in the diagnostic and evaluative procedures operating in
1-54     all districts and that those personnel routinely serve on district
1-55     admissions, review, and dismissal committees;
1-56                 (7)  ensure that an individualized education program
1-57     for each student with a disability is properly developed,
1-58     implemented, and maintained in the least restrictive environment
1-59     that is appropriate to meet the student's educational needs;
1-60                 (8)  ensure that, when appropriate, each student with a
1-61     disability is provided an opportunity to participate in career and
1-62     technology and physical education classes, in addition to
1-63     participating in regular or special classes; [and]
1-64                 (9)  ensure that each student with a disability is
 2-1     provided necessary related services; and
 2-2                 (10)  ensure that an individual assigned to act as a
 2-3     surrogate parent for a child with a disability, as provided by 20
 2-4     U.S.C. Section 1415(b) and its subsequent amendments, is required
 2-5     to:
 2-6                       (A)  complete a training program that complies
 2-7     with minimum standards established by agency rule;
 2-8                       (B)  visit the child and the child's school;
 2-9                       (C)  consult with persons involved in the child's
2-10     education, including teachers, caseworkers, court-appointed
2-11     volunteers, guardians ad litem, attorneys ad litem, foster parents,
2-12     and caretakers;
2-13                       (D)  review the child's educational records;
2-14                       (E)  attend meetings of the child's admission,
2-15     review, and dismissal committee;
2-16                       (F)  exercise independent judgment in pursuing
2-17     the child's interests; and
2-18                       (G)  exercise the child's due process rights
2-19     under applicable state and federal law.
2-20           SECTION 2.  Subchapter A, Chapter 29, Education Code, is
2-21     amended by adding Section 29.015 to read as follows:
2-22           Sec. 29.015.  FOSTER PARENTS.  (a)  The school district shall
2-23     give preferential consideration to a foster parent of a child with
2-24     a disability when assigning a surrogate parent for the child.
2-25           (b)  A foster parent may act as a parent of a child with a
2-26     disability, as authorized under 20 U.S.C. Section 1415(b) and its
2-27     subsequent amendments, if:
2-28                 (1)  the Department of Protective and Regulatory
2-29     Services is appointed as the temporary or permanent managing
2-30     conservator of the child;
2-31                 (2)  the child has been placed with the foster parent
2-32     for at least 60 days;
2-33                 (3)  the foster parent agrees to:
2-34                       (A)  participate in making educational decisions
2-35     on the child's behalf; and
2-36                       (B)  complete a training program for surrogate
2-37     parents that complies with minimum standards established by agency
2-38     rule; and
2-39                 (4)  the foster parent has no interest that conflicts
2-40     with the child's interests.
2-41           (c)  A foster parent who is denied the right to act as a
2-42     surrogate parent or a parent under this section by a school
2-43     district may file a complaint with the agency in accordance with
2-44     federal law and regulations.
2-45           SECTION 3.  Section 107.031, Family Code, is amended by
2-46     adding Subsection (e) to read as follows:
2-47           (e)  A court-certified volunteer advocate appointed under
2-48     this section for a child with a disability may be assigned to act
2-49     as a surrogate parent for the child, as provided by 20 U.S.C.
2-50     Section 1415(b) and its subsequent amendments, if:
2-51                 (1)  the child is in the conservatorship of the
2-52     Department of Protective and Regulatory Services;
2-53                 (2)  the volunteer advocate is serving as guardian ad
2-54     litem for the child; and
2-55                 (3)  a foster parent of the child is not acting as the
2-56     child's parent under Section 29.015, Education Code.
2-57           SECTION 4.  This Act takes effect September 1, 1999.
2-58           SECTION 5.  The importance of this legislation and the
2-59     crowded condition of the calendars in both houses create an
2-60     emergency and an imperative public necessity that the
2-61     constitutional rule requiring bills to be read on three several
2-62     days in each house be suspended, and this rule is hereby suspended.
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