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A BILL TO BE ENTITLED
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AN ACT
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relating to information that must be provided to the parent of a |
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public school student enrolled in a special education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 26.0081, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1) and (d) to |
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read as follows: |
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(a) The agency shall produce and provide to school districts |
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sufficient copies of a comprehensive, easily understood document |
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that explains the process by which an individualized education |
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program is developed for a student in a special education program |
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and the rights and responsibilities of a parent concerning the |
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process. The document must include information a parent needs to |
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effectively participate in an admission, review, and dismissal |
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committee meeting for the parent's child. The agency shall |
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routinely update the document so that the document includes current |
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state and federal law and shall provide the updated version to |
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school districts. On receipt of an updated document, a school |
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district shall provide a copy of the document to the parent of a |
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student enrolled in a special education program. The agency shall |
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update the document not later than: |
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(1) the first anniversary of the effective date of a |
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change in federal law under the Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1400 et seq.) relating to the |
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development or content of an individualized education program; |
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(2) the 180th day after the effective date of a change |
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in federal regulations under the Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1400 et seq.) relating to the |
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development or content of an individualized education program; or |
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(3) the 180th day after the effective date of a change |
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in state law or rules relating to the development or content of an |
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individualized education program. |
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(a-1) If S.B. No. 1490, Acts of the 80th Legislature, |
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Regular Session, 2007, takes effect before September 1, 2007, the |
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agency shall adopt a new document under Subsection (a) and |
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distribute the document to school districts not later than |
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September 1, 2007, and a school district shall distribute the |
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document to the parent of a child enrolled in a special education |
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program not later than October 1, 2007. If S.B. No. 1490, Acts of |
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the 80th Legislature, Regular Session, 2007, takes effect September |
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1, 2007, the agency shall adopt a new document under Subsection (a) |
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and distribute the document to school districts not later than |
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December 1, 2007, and a school district shall distribute the |
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document to the parent of a child enrolled in a special education |
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program not later than January 1, 2008. This subsection expires |
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January 31, 2008. |
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(d) At the annual meeting of a student's admission, review, |
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and dismissal committee, a school district must provide written |
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notice to the parent of a student with an individualized education |
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program that a current copy of the document required by this section |
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is available to the parent on the request of the parent. A school |
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district must also include the notice in the district's student |
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handbook. If a school district maintains an Internet website, the |
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district shall post on the website an Internet link for accessing |
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the document on the agency's Internet website. |
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SECTION 2. 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. |