By: Cain S.B. No. 1735
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to special education, the reporting of performance data of
1-3 students in certain special programs, and to the educational rights
1-4 of a minor whose disabilities are 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 [for the 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
2-1 student for purposes of special education services shall be
2-2 completed not later than the 60th calendar day following the date
2-3 on which the referral for evaluation [assessment] was initiated by
2-4 school personnel, the student's parent or legal guardian, or
2-5 another appropriate person. The evaluation [assessment] shall be
2-6 conducted using procedures that are appropriate for the student's
2-7 most proficient method of communication.
2-8 SECTION 3. Sections 29.005(a) and (c), Education Code, are
2-9 amended to read as follows:
2-10 (a) Before a child is enrolled in a special education
2-11 program of a school district, the district shall establish a
2-12 committee composed of the persons required under 20 U.S.C. Section
2-13 1401(11) [20 U.S.C. Section 1401(20)] to develop the child's
2-14 individualized education program.
2-15 (c) If the individualized education program is not developed
2-16 by agreement, the written statement of the program required under
2-17 20 U.S.C. Section 1401(11) [20 U.S.C. Section 1401(20)] must
2-18 include the basis of the disagreement.
2-19 SECTION 4. Section 29.006, Education Code, is amended to
2-20 read as follows:
2-21 Sec. 29.006. CONTINUING ADVISORY COMMITTEE. The governor
2-22 shall appoint a continuing advisory committee, composed of 17
2-23 members, under 20 U.S.C. Section 1412(a)(21) [20 U.S.C. Section
2-24 1413(a)(12)]. The appointments are not subject to confirmation by
2-25 the senate. Members of the committee are appointed for staggered
2-26 terms of four years with the terms of eight or nine members
3-1 expiring on February 1 of each odd-numbered year.
3-2 SECTION 5. Sections 29.011(a) and (b), Education Code, are
3-3 amended to read as follows:
3-4 (a) The Texas Education Agency, the Texas Commission for the
3-5 Blind, the Texas Department of Human Services, the Texas Workforce
3-6 Commission, the Department of Protective and Regulatory Services,
3-7 the Texas Department of Mental Health and Mental Retardation, and
3-8 the Texas Rehabilitation Commission shall develop, agree to, and by
3-9 rule adopt a memorandum of understanding that establishes the
3-10 respective responsibilities of each agency, including each agency's
3-11 direct or contract service providers, to participate with school
3-12 districts in implementing transition services in accordance with
3-13 the Individuals with Disabilities Education Act (20 U.S.C. Section
3-14 1400, et seq.) [for the provision of services necessary to prepare
3-15 students enrolled in special education programs for a successful
3-16 transition to life outside of the public school system].
3-17 (b) The agencies listed in Subsection (a) [Texas Education
3-18 Agency, the Texas Department of Mental Health and Mental
3-19 Retardation, and the Texas Rehabilitation Commission] may request
3-20 other appropriate agencies to participate in the development of the
3-21 memorandum of understanding, and each agency requested shall
3-22 participate and adopt the memorandum. The memorandum must be
3-23 agreed to by all participating agencies.
3-24 (c) [The memorandum may require an agency or a school
3-25 district to provide a service only if the agency or school district
3-26 is providing that service at the time the memorandum is adopted.
4-1 The memorandum shall require each participating agency to
4-2 participate in the development of a transition plan required by
4-3 Subsection (e) on the request of a school district.]
4-4 [(d)] The Texas Education Agency shall coordinate the
4-5 development of the memorandum of understanding.
4-6 SECTION 6. Section 29.012(d), Education Code, is amended to
4-7 read as follows:
4-8 (d) The Texas Education Agency, the Texas Department of
4-9 Mental Health and Mental Retardation, the Texas Department of Human
4-10 Services, the Texas Department of Health, the Department of
4-11 Protective and Regulatory Services, the Interagency Council on
4-12 Early Childhood Intervention, the Texas Commission on Alcohol and
4-13 Drug Abuse, the Texas Juvenile Probation Commission, and the Texas
4-14 Youth Commission by a cooperative effort shall develop and by rule
4-15 adopt a memorandum of understanding. The memorandum must:
4-16 (1) establish the respective responsibilities of
4-17 school districts and of residential facilities for the provision of
4-18 a free, appropriate public education, as required by the
4-19 Individuals with Disabilities Education Act (20 U.S.C. Section 1400
4-20 et seq.) and its subsequent amendments, including each requirement
4-21 [of 20 U.S.C. Section 1412(a)(12),] for children with disabilities
4-22 who reside in those facilities;
4-23 (2) coordinate regulatory and planning functions of
4-24 the parties to the memorandum;
4-25 (3) establish criteria for determining when a public
4-26 school can provide educational services [and when a residential
5-1 facility must provide the services];
5-2 (4) provide for appropriate educational space when
5-3 education services must be provided at the residential facility [a
5-4 residential facility must provide educational services];
5-5 (5) establish measures designed to ensure the safety
5-6 of students and teachers; and
5-7 (6) provide for binding arbitration consistent with
5-8 Chapter 2009, Government Code, and Section 154.027, Civil Practice
5-9 and Remedies Code.
5-10 SECTION 7. Section 37.004, Education Code, is amended to
5-11 read as follows:
5-12 Sec. 37.004. PLACEMENT OF STUDENTS WITH DISABILITIES. The
5-13 placement of a student with a disability who receives special
5-14 education services may be made only by a duly constituted
5-15 admission, review, and dismissal committee. All disciplinary
5-16 actions regarding a student with a disability who receives special
5-17 education services shall be determined in accordance with federal
5-18 law and regulations and must be consistent with the consequences
5-19 that would apply under this subchapter to a student without a
5-20 disability. A student with a disability who receives special
5-21 education services may not be placed in alternative education
5-22 programs solely for educational purposes if the student does not
5-23 also meet the criteria for alternative placement in Section
5-24 37.006(a) or 37.007(a).
5-25 SECTION 8. Subchapter A, Chapter 29, Education Code, is
5-26 amended by adding Section 29.016 to read as follows:
6-1 Sec. 29.016. EVALUATION CONDUCTED PURSUANT TO A SPECIAL
6-2 EDUCATION DUE PROCESS HEARING. A special education hearing officer
6-3 in an impartial due process hearing brought under 20 U.S.C. 1415
6-4 may issue an order or decision that authorizes one or more
6-5 evaluations of a student who is eligible for, or who is suspected
6-6 as being eligible for, special education services. Such an order
6-7 or decision authorizes the evaluation of the student without
6-8 parental consent.
6-9 SECTION 9. Section 31.006, Family Code, is amended to read
6-10 as follows:
6-11 Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific
6-12 constitutional and statutory age requirements, a minor whose
6-13 disabilities are removed for general purposes has the capacity of
6-14 an adult, including the capacity to contract. Except as provided
6-15 by federal law, all educational rights accorded under state or
6-16 federal law to the parent of a student transfer to the minor whose
6-17 disabilities are removed for general purposes.
6-18 SECTION 10. Section 26.002, Education Code, is amended to
6-19 read as follows:
6-20 Sec. 26.002. DEFINITION. In this chapter, "parent" includes
6-21 a person standing in parental relation. The term does not include
6-22 a person as to whom the parent-child relationship has been
6-23 terminated or a person not entitled to possession of or access to a
6-24 child under a court order. Except as provided by federal law, all
6-25 rights of a parent transfer to a minor whose disabilities are
6-26 removed under Section 31.006, Family Code.
7-1 SECTION 11. Sections 29.011(c) and (e) and 39.030(c),
7-2 Education Code, are repealed.
7-3 SECTION 12. This Act applies beginning with the 2001-2002
7-4 school year.
7-5 SECTION 13. This Act takes effect immediately if it receives
7-6 a vote of two-thirds of all the members elected to each house, as
7-7 provided by Section 39, Article III, Texas Constitution. If this
7-8 Act does not receive the vote necessary for immediate effect, this
7-9 Act takes effect September 1, 2001.