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By: Hochberg H.B. No. 2996
A BILL TO BE ENTITLED
AN ACT
relating to the statewide plan for delivery of services to public
school students with disabilities and resources for teachers of
students with special health needs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.001, Education Code, is amended to
read as follows:
Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
modify as necessary, a statewide design, consistent with federal
law, for the delivery of services to children with disabilities in
this state that includes rules for the administration and funding
of the special education program so that a free appropriate public
education is available to all of those children between the ages of
three and 21. The statewide design shall include the provision of
services primarily through school districts and shared services
arrangements, supplemented by regional education service centers.
The agency shall also develop and implement a statewide plan with
programmatic content that includes procedures designed to:
(1) ensure state compliance with requirements for
supplemental federal funding for all state-administered programs
involving the delivery of instructional or related services to
students with disabilities;
(2) facilitate interagency coordination when other
state agencies are involved in the delivery of instructional or
related services to students with disabilities;
(3) periodically assess statewide personnel needs in
all areas of specialization related to special education and pursue
strategies to meet those needs through a consortium of
representatives from regional education service centers, local
education agencies, and institutions of higher education and
through other available alternatives;
(4) ensure that regional education service centers
throughout the state maintain a regional support function, which
may include direct service delivery and a component designed to
facilitate the placement of students with disabilities who cannot
be appropriately served in their resident districts;
(5) allow the agency to effectively monitor and
periodically conduct site visits of all school districts to ensure
that rules adopted under this section are applied in a consistent
and uniform manner, to ensure that districts are complying with
those rules, and to ensure that annual statistical reports filed by
the districts and not otherwise available through the Public
Education Information Management System under Section 42.006, are
accurate and complete;
(6) ensure that appropriately trained personnel are
involved in the diagnostic and evaluative procedures operating in
all districts and that those personnel routinely serve on district
admissions, review, and dismissal committees;
(7) ensure that an individualized education program
for each student with a disability is properly developed,
implemented, and maintained in the least restrictive environment
that is appropriate to meet the student's educational needs;
(8) ensure that, when appropriate, each student with a
disability is provided an opportunity to participate in career and
technology and physical education classes, in addition to
participating in regular or special classes;
(9) ensure that each student with a disability is
provided necessary related services; [and]
(10) ensure that an individual assigned to act as a
surrogate parent for a child with a disability, as provided by 20
U.S.C. Section 1415(b) [and its subsequent amendments], is required
to:
(A) complete a training program that complies
with minimum standards established by agency rule;
(B) visit the child and the child's school;
(C) consult with persons involved in the child's
education, including teachers, caseworkers, court-appointed
volunteers, guardians ad litem, attorneys ad litem, foster parents,
and caretakers;
(D) review the child's educational records;
(E) attend meetings of the child's admission,
review, and dismissal committee;
(F) exercise independent judgment in pursuing
the child's interests; and
(G) exercise the child's due process rights under
applicable state and federal law;
(11) if a student with a disability is placed in a
regular classroom and the student's individualized education
program requires a modification in the curriculum, instruction, or
services to be provided by the teacher in the regular classroom,
ensure that the teacher:
(A) on request of the teacher, receives:
(i) before placement of the student in the
regular classroom, training on meeting the needs of the student as
identified in the student's individualized education program; or
(ii) if training before placement in the
classroom is not practicable, training or assistance from
appropriately trained personnel as soon as practicable after the
placement of the student in the classroom;
(B) as necessary to comply with the student's
individualized education program, receives timely assistance from
appropriately trained personnel to ensure that the student's needs
are met in the regular classroom;
(C) prior to the student's placement in the
regular classroom, receives a copy of the relevant sections of the
student's individualized education program and meets with the
student's admission, review, and dismissal committee;
(D) is authorized to call the following meetings
to be held not later than the 21st day after the date the meeting is
called;
(i) as necessary, a staffing or
intervention team meeting; and
(ii) if the teacher submits a clearly
articulated reason for the meeting, a meeting of the student's
admission, review and dismissal committee; and
(E) is permitted to participate in the admission,
review, and dismissal committee of the student, including meetings
of the committee under Paragraph (D)(ii); and
(12) if a student with a disability who has special
health needs is assigned to a teacher's classroom, ensure that the
teacher receives;
(A) assistance from appropriately trained
personnel in performing necessary medical tasks for the student,
including tasks related to catheters, feeding tubes, and
suctioning;
(B) training in performing, without assistance,
the tasks described by Paragraph (A), in case of an emergency; and
(C) on request of the teacher, assistance from
appropriately trained personnel in performing necessary tasks
related to the student's hygiene and care, including diapering
needs.
SECTION 2. Subchapter J, Chapter 21, Education Code, is
amended by adding Section 21.457 to read as follows:
Sec. 21.457. RESOURCES FOR TEACHERS OF STUDENTS WITH
SPECIAL HEALTH NEEDS. The agency, in coordination with the Health
and Human Services Commission, shall establish and maintain an
Internet website to provide resources for teachers who have
students with special health needs. The agency shall include
information about the treatment and management of chronic illnesses
and how such illnesses impact the student's well-being or ability
to succeed in school.
SECTION 3. This Act applies beginning with the 2005-2006
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.