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A BILL TO BE ENTITLED
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AN ACT
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relating to staff development requirements in public schools and |
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information and assistance for staff regarding instruction of |
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students with disabilities or special health needs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 21.451, Education Code, is amended by |
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amending Subsection (d) and adding Subsections (e), (f), and (g) to |
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read as follows: |
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(d) The staff development [may]: |
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(1) may include training in: |
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(A) technology; |
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(B) conflict resolution; and |
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(C) discipline strategies, including classroom |
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management, district discipline policies, and the student code of |
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conduct adopted under Section 37.001 and Chapter 37; and |
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(2) subject to Subsection (e), must include |
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research-based training that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education. |
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(e) A school district is required to provide the training |
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described by Subsection (d)(2) to an educator who works primarily |
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outside the area of special education only on the recommendation of |
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the admission, review, and dismissal committee for a student |
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receiving instruction from the educator. |
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(f) In developing the training required by Subsection |
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(d)(2), a school district must consult with persons with expertise |
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in research-based practices for students with disabilities. |
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Persons who may be consulted under this subsection include |
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colleges, universities, private and nonprofit organizations, |
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regional education service centers, and any other persons |
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identified as qualified by the district. This subsection applies |
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to all training required by Subsection (d)(2), regardless of |
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whether the training is provided at the campus or district level. |
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(g) The staff development may[; and
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[(3)] include instruction as to what is permissible |
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under law, including opinions of the United States Supreme Court |
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and guidance from the United States Department of Education, |
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regarding prayer in public school. |
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SECTION 2. Subchapter J, Chapter 21, Education Code, is |
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amended by adding Section 21.459 to read as follows: |
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Sec. 21.459. RESOURCES FOR TEACHERS OF STUDENTS WITH |
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SPECIAL HEALTH NEEDS. The agency, in coordination with the Health |
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and Human Services Commission, shall establish and maintain an |
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Internet website to provide resources for teachers who teach |
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students with special health needs. The agency shall include on the |
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website information about the treatment and management of chronic |
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illnesses and how such illnesses impact a student's well-being or |
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ability to succeed in school. |
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SECTION 3. Section 29.001, Education Code, is amended to |
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read as follows: |
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Sec. 29.001. STATEWIDE PLAN. (a) The agency shall |
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develop, and modify as necessary, a statewide design, consistent |
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with federal law, for the delivery of services to children with |
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disabilities in this state that includes rules for the |
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administration and funding of the special education program so that |
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a free appropriate public education is available to all of those |
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children between the ages of three and 21. The statewide design |
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shall include the provision of services primarily through school |
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districts and shared services arrangements, supplemented by |
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regional education service centers. The agency shall also develop |
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and implement a statewide plan with programmatic content that |
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includes procedures designed to: |
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(1) ensure state compliance with requirements for |
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supplemental federal funding for all state-administered programs |
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involving the delivery of instructional or related services to |
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students with disabilities; |
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(2) facilitate interagency coordination when other |
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state agencies are involved in the delivery of instructional or |
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related services to students with disabilities; |
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(3) periodically assess statewide personnel needs in |
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all areas of specialization related to special education and pursue |
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strategies to meet those needs through a consortium of |
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representatives from regional education service centers, local |
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education agencies, and institutions of higher education and |
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through other available alternatives; |
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(4) ensure that regional education service centers |
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throughout the state maintain a regional support function, which |
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may include direct service delivery and a component designed to |
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facilitate the placement of students with disabilities who cannot |
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be appropriately served in their resident districts; |
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(5) allow the agency to effectively monitor and |
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periodically conduct site visits of all school districts to ensure |
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that rules adopted under this section are applied in a consistent |
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and uniform manner, to ensure that districts are complying with |
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those rules, and to ensure that annual statistical reports filed by |
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the districts and not otherwise available through the Public |
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Education Information Management System under Section 42.006, are |
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accurate and complete; |
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(6) ensure that appropriately trained personnel are |
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involved in the diagnostic and evaluative procedures operating in |
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all districts and that those personnel routinely serve on district |
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admissions, review, and dismissal committees; |
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(7) ensure that an individualized education program |
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for each student with a disability is properly developed, |
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implemented, and maintained in the least restrictive environment |
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that is appropriate to meet the student's educational needs; |
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(8) ensure that, when appropriate, each student with a |
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disability is provided an opportunity to participate in career and |
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technology and physical education classes, in addition to |
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participating in regular or special classes; |
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(9) ensure that each student with a disability is |
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provided necessary related services; [and] |
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(10) ensure that an individual assigned to act as a |
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surrogate parent for a child with a disability, as provided by 20 |
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U.S.C. Section 1415(b) [and its subsequent amendments], is required |
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to: |
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(A) complete a training program that complies |
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with minimum standards established by agency rule; |
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(B) visit the child and the child's school; |
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(C) consult with persons involved in the child's |
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education, including teachers, caseworkers, court-appointed |
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volunteers, guardians ad litem, attorneys ad litem, foster parents, |
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and caretakers; |
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(D) review the child's educational records; |
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(E) attend meetings of the child's admission, |
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review, and dismissal committee; |
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(F) exercise independent judgment in pursuing |
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the child's interests; and |
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(G) exercise the child's due process rights under |
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applicable state and federal law; and |
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(11) ensure that a school district provides to a |
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teacher who instructs a student with a disability in a regular |
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classroom setting: |
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(A) on the request of the teacher and as soon as |
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practicable, training in providing appropriate educational |
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services to a student with a disability, including training in |
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research-based best practices for meeting the academic and |
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behavioral needs of a student with a disability assigned to the |
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teacher's classroom; |
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(B) on the request of the teacher and as soon as |
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practicable, assistance from appropriately trained personnel, as |
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determined by the district, in meeting the academic and behavioral |
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needs of a student with a disability assigned to the teacher's |
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classroom; and |
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(C) before the placement of a student with a |
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disability in the teacher's classroom, relevant information in the |
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student's individualized education program. |
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SECTION 4. This Act applies beginning with the 2007-2008 |
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school year. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |