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.