|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to staff development requirements concerning the |
|
instruction of students with disabilities in public schools. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 21.451, Education Code, is amended by |
|
adding Subsections (g), (h), and (i) to read as follows: |
|
(g) This subsection applies only to a teacher who provides |
|
instruction to a student for whom an individualized education |
|
program has been developed under Section 29.005. Except as |
|
provided by Subsection (i), a teacher subject to this subsection, |
|
at least every three years, must complete a minimum number of hours |
|
of staff development, as determined by commissioner rule, relating |
|
to the instruction of students with disabilities. The staff |
|
development training must include information relating to: |
|
(1) temperament and requirements of students with |
|
disabilities; |
|
(2) methods for providing individualized instruction |
|
to and assessing students with disabilities; and |
|
(3) behavioral management techniques. |
|
(h) The commissioner shall adopt rules as necessary to |
|
administer this section and create as a local option for school |
|
districts a three-year implementation schedule. Except as provided |
|
by Subsection (i), at least one-third of the teachers subject to |
|
Subsection (g) in the district must participate each year during |
|
the three-year implementation period or until all teachers subject |
|
to Subsection (g) have fulfilled the initial staff development |
|
requirement under Subsection (g). The rules adopted under this |
|
subsection must emphasize the need to provide adequate staff |
|
development training to enable teachers to implement |
|
individualized education programs for students with disabilities |
|
in an effective manner. |
|
(i) A school district that employs a teacher subject to |
|
Subsection (g) may allow the teacher to satisfy the requirements of |
|
that subsection if the teacher participates in district-approved |
|
professional development activities or training, other than staff |
|
development training provided by the district, that satisfies the |
|
requirements of Subsection (g). |
|
SECTION 2. Subchapter J, Chapter 21, Education Code, is |
|
amended by adding Section 21.459 to read as follows: |
|
Sec. 21.459. 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 teach |
|
students with special health needs. The agency shall include on the |
|
website information about the treatment and management of chronic |
|
illnesses and how such illnesses impact a student's well-being or |
|
ability to succeed in school. |
|
SECTION 3. 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; and |
|
(11) ensure that a school district provides to a |
|
teacher who instructs a student with a disability in a regular |
|
classroom setting: |
|
(A) on the request of the teacher and as soon as |
|
practicable, training in providing appropriate educational |
|
services to a student with a disability, including training in |
|
research-based best practices for meeting the academic and |
|
behavioral needs of a student with a disability assigned to the |
|
teacher's classroom; |
|
(B) on the request of the teacher and as soon as |
|
practicable, assistance from appropriately trained personnel, as |
|
determined by the district, in meeting the academic and behavioral |
|
needs of a student with a disability assigned to the teacher's |
|
classroom; and |
|
(C) before the placement of a student with a |
|
disability in the teacher's classroom, relevant information in the |
|
student's individualized education program. |
|
SECTION 4. This Act applies beginning with the 2008-2009 |
|
school year. |
|
SECTION 5. 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, 2008. |