1-1 AN ACT
1-2 relating to special education programs and the educational rights
1-3 of minors with disabilities and other minors whose disabilities are
1-4 removed for general purposes.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 29.002, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 29.002. DEFINITION. In this subchapter, "special
1-9 services" means:
1-10 (1) special education instruction, which may be
1-11 provided by professional and supported by paraprofessional
1-12 personnel in the regular classroom or in an instructional
1-13 arrangement described by Section 42.151; and [or]
1-14 (2) related services, which are developmental,
1-15 corrective, supportive, or evaluative services, not instructional
1-16 in nature, that may be required for the student to benefit from
1-17 special education instruction [proper development] and for
1-18 implementation of a student's individualized education program.
1-19 SECTION 2. Section 29.004, Education Code, is amended to
1-20 read as follows:
1-21 Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION
1-22 [COMPREHENSIVE ASSESSMENT]. A written report of a full individual
1-23 and initial evaluation [comprehensive individual assessment] of a
1-24 student for purposes of special education services shall be
1-25 completed not later than the 60th calendar day following the date
2-1 on which the referral for evaluation [assessment] was initiated by
2-2 school personnel, the student's parent or legal guardian, or
2-3 another appropriate person. The evaluation [assessment] shall be
2-4 conducted using procedures that are appropriate for the student's
2-5 most proficient method of communication.
2-6 SECTION 3. Subsections (a) and (c), Section 29.005,
2-7 Education Code, are amended to read as follows:
2-8 (a) Before a child is enrolled in a special education
2-9 program of a school district, the district shall establish a
2-10 committee composed of the persons required under 20 U.S.C. Section
2-11 1401(11) [1401(20)] to develop the child's individualized education
2-12 program.
2-13 (c) If the individualized education program is not developed
2-14 by agreement, the written statement of the program required under
2-15 20 U.S.C. Section 1401(11) [1401(20)] must include the basis of the
2-16 disagreement.
2-17 SECTION 4. Section 29.006, Education Code, is amended to
2-18 read as follows:
2-19 Sec. 29.006. CONTINUING ADVISORY COMMITTEE. The governor
2-20 shall appoint a continuing advisory committee, composed of 17
2-21 members, under 20 U.S.C. Section 1412(a)(21) [1413(a)(12)]. The
2-22 appointments are not subject to confirmation by the senate.
2-23 Members of the committee are appointed for staggered terms of four
2-24 years with the terms of eight or nine members expiring on February
2-25 1 of each odd-numbered year.
2-26 SECTION 5. Subsection (d), Section 29.012, Education Code,
3-1 is amended to read as follows:
3-2 (d) The Texas Education Agency, the Texas Department of
3-3 Mental Health and Mental Retardation, the Texas Department of Human
3-4 Services, the Texas Department of Health, the Department of
3-5 Protective and Regulatory Services, the Interagency Council on
3-6 Early Childhood Intervention, the Texas Commission on Alcohol and
3-7 Drug Abuse, the Texas Juvenile Probation Commission, and the Texas
3-8 Youth Commission by a cooperative effort shall develop and by rule
3-9 adopt a memorandum of understanding. The memorandum must:
3-10 (1) establish the respective responsibilities of
3-11 school districts and of residential facilities for the provision of
3-12 a free, appropriate public education, as required by the
3-13 Individuals with Disabilities Education Act (20 U.S.C. Section 1400
3-14 et seq.) and its subsequent amendments, including each requirement
3-15 [of 20 U.S.C. Section 1412(a)(12),] for children with disabilities
3-16 who reside in those facilities;
3-17 (2) coordinate regulatory and planning functions of
3-18 the parties to the memorandum;
3-19 (3) establish criteria for determining when a public
3-20 school will [can] provide educational services [and when a
3-21 residential facility must provide the services];
3-22 (4) provide for appropriate educational space when
3-23 education services will be provided at the residential facility [a
3-24 residential facility must provide educational services];
3-25 (5) establish measures designed to ensure the safety
3-26 of students and teachers; and
4-1 (6) provide for binding arbitration consistent with
4-2 Chapter 2009, Government Code, and Section 154.027, Civil Practice
4-3 and Remedies Code.
4-4 SECTION 6. Section 37.004, Education Code, is amended to
4-5 read as follows:
4-6 Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES.
4-7 (a) The placement of a student with a disability who receives
4-8 special education services may be made only by a duly constituted
4-9 admission, review, and dismissal committee. Any disciplinary
4-10 action regarding a student with disabilities that would constitute
4-11 a change in placement under federal law may only occur after a
4-12 manifestation determination review has been conducted by the
4-13 student's admission, review, and dismissal committee.
4-14 (b) All disciplinary actions regarding a student with a
4-15 disability who receives special education services shall be
4-16 determined in accordance with federal law and regulations,
4-17 including the provision of functional behavioral assessments;
4-18 positive behavioral interventions, strategies, and supports;
4-19 behavioral intervention plans; and the manifestation determination
4-20 review.
4-21 (c) A teacher in a disciplinary alternative education
4-22 program who has a special education assignment must hold an
4-23 appropriate certificate or permit for that assignment. A student
4-24 with a disability who receives special education services may not
4-25 be placed in alternative education programs solely for educational
4-26 purposes [if the student does not also meet the criteria for
5-1 alternative placement in Section 37.006(a) or 37.007(a)].
5-2 SECTION 7. Subsection (c), Section 37.019, Education Code,
5-3 is amended to read as follows:
5-4 (c) At the time of an emergency placement or expulsion, the
5-5 student shall be given oral notice of the reason for the action.
5-6 Within a reasonable time after the emergency placement or
5-7 expulsion, the student shall be accorded the appropriate due
5-8 process as required under Section 37.009. If the student subject
5-9 to the emergency placement or expulsion is a student with
5-10 disabilities who receives special education services, the term of
5-11 the student's emergency placement or expulsion is subject to the
5-12 requirements of 20 U.S.C. Section 1415(j) and (k) [1415(e)(3) and
5-13 34 CFR 300.513].
5-14 SECTION 8. Subchapter A, Chapter 29, Education Code, is
5-15 amended by adding Sections 29.016 and 29.017 to read as follows:
5-16 Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL
5-17 EDUCATION DUE PROCESS HEARING. A special education hearing officer
5-18 in an impartial due process hearing brought under 20 U.S.C. Section
5-19 1415 may issue an order or decision that authorizes one or more
5-20 evaluations of a student who is eligible for, or who is suspected
5-21 as being eligible for, special education services. Such an order
5-22 or decision authorizes the evaluation of the student without
5-23 parental consent as if it were a court order for purposes of any
5-24 state or federal law providing for consent by order of a court.
5-25 Sec. 29.017. TRANSFER OF PARENTAL RIGHTS AT AGE OF MAJORITY.
5-26 (a) A student with a disability who is 18 years of age or older or
6-1 whose disabilities of minority have been removed for general
6-2 purposes under Chapter 31, Family Code, shall have the same right
6-3 to make educational decisions as a student without a disability,
6-4 except that the school district shall provide any notice required
6-5 by this subchapter or 20 U.S.C. Section 1415 to both the student
6-6 and the parents. All other rights accorded to parents under this
6-7 subchapter or 20 U.S.C. Section 1415 transfer to the student.
6-8 (b) All rights accorded to parents under this subchapter or
6-9 20 U.S.C. Section 1415 transfer to students who are incarcerated in
6-10 an adult or juvenile, state or local correctional institution.
6-11 (c) In accordance with 34 C.F.R. Section 300.517, the school
6-12 district shall notify the student and the parents of the transfer
6-13 of rights under this section.
6-14 (d) The commissioner shall adopt rules implementing the
6-15 provisions of 34 C.F.R. Section 300.517(b).
6-16 SECTION 9. Section 31.006, Family Code, is amended to read
6-17 as follows:
6-18 Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific
6-19 constitutional and statutory age requirements, a minor whose
6-20 disabilities are removed for general purposes has the capacity of
6-21 an adult, including the capacity to contract. Except as provided
6-22 by federal law, all educational rights accorded to the parent of a
6-23 student, including the right to make education decisions under
6-24 Section 151.003(a)(10), transfer to the minor whose disabilities
6-25 are removed for general purposes.
6-26 SECTION 10. Section 26.002, Education Code, is amended to
7-1 read as follows:
7-2 Sec. 26.002. DEFINITION. In this chapter, "parent" includes
7-3 a person standing in parental relation. The term does not include
7-4 a person as to whom the parent-child relationship has been
7-5 terminated or a person not entitled to possession of or access to a
7-6 child under a court order. Except as provided by federal law, all
7-7 rights of a parent under Title 2 of this code and all educational
7-8 rights under Section 151.003(a)(10), Family Code, shall be
7-9 exercised by a student who is 18 years of age or older or whose
7-10 disabilities of minority have been removed for general purposes
7-11 under Chapter 31, Family Code, unless the student has been
7-12 determined to be incompetent or the student's rights have been
7-13 otherwise restricted by a court order.
7-14 SECTION 11. Subsection (c), Section 39.030, Education Code,
7-15 is repealed.
7-16 SECTION 12. This Act applies beginning with the 2001-2002
7-17 school year.
7-18 SECTION 13. This Act takes effect immediately if it receives
7-19 a vote of two-thirds of all the members elected to each house, as
7-20 provided by Section 39, Article III, Texas Constitution. If this
7-21 Act does not receive the vote necessary for immediate effect, this
7-22 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1735 passed the Senate on
April 20, 2001, by the following vote: Yeas 28, Nays 0, one
present, not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1735 passed the House on
May 17, 2001, by the following vote: Yeas 140, Nays 0, two
present, not voting.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor