This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.



	
Amend HB 171 by adding the following appropriately numbered 
SECTIONS and renumbering subsequent SECTIONS of the bill as 
appropriate:
	SECTION ____.  Subchapter A, Chapter 29, Education Code, is 
amended by adding Sections 29.020 and 29.021 to read as follows:
	Sec. 29.020.  OPTIONAL DISPUTE RESOLUTION METHODS.  (a)  A 
school district shall make available and provide information to 
parents regarding optional dispute resolution methods that may be 
used when a dispute arises between the district and a parent of a 
student with a disability regarding:
		(1)  identification of the student as a student 
entitled to special education services;
		(2)  evaluation or educational placement of the 
student; or          
		(3)  the provision of a free appropriate public 
education to the student.
	(b)  A school district's optional dispute resolution 
methods:         
		(1)  must include:                                                     
			(A)  requesting mediation through the agency in 
accordance with 20 U.S.C. Section 1415(e) and 34 C.F.R. Section 
300.506;
			(B)  requesting independent individualized 
education program facilitation, as described by Section 29.021, if 
the district is included within the boundaries of a regional 
education service center participating in the pilot program 
implemented under that section; and
			(C)  filing a complaint with the agency in 
accordance with 34 C.F.R. Section 300.153; and
		(2)  may include:                                                      
			(A)  convening a meeting of a student's admission, 
review, and dismissal committee;
			(B)  meeting with a student's teachers;                               
			(C)  meeting with one or more of the following:                       
				(i)  a campus administrator;                                         
				(ii)  the district special education 
director or the director of a shared services arrangement under 
Section 29.007 to which the district is a party;
				(iii)  the district superintendent; or                               
				(iv)  the board of trustees of the district; 
and                   
			(D)  requesting individualized education program 
facilitation similar to the facilitation provided under the pilot 
program implemented under Section 29.021, except that facilitation 
may be provided by either an independent facilitator or a district 
employee serving as the facilitator.
	(c)  The use of an optional dispute resolution method made 
available under this section and the availability of those methods 
may not in any manner be used to deny or delay the right to a special 
education due process hearing in accordance with federal law.
	(d)  Notwithstanding Subsection (c), on the filing of a 
request for a special education due process hearing in accordance 
with federal law, the school district and the parent shall be 
provided with the opportunity to attempt to resolve the dispute 
between the district and the parent through the agency's mediation 
process, provided that both the school district and the parent 
agree to participate in the mediation.
	(e)  If a school district and a parent participate in 
mediation under this section:
		(1)  the fact that the mediation occurred is not 
admissible into evidence in any subsequent proceeding involving the 
subject matter of the mediation;
		(2)  the mediator may not be subpoenaed to testify 
regarding the subject matter of the mediation at any subsequent 
special education due process hearing or civil action arising under 
federal special education law; and
		(3)  the school district and parent are not entitled to 
access to any records created by the mediator in connection with the 
mediation.
	(f)  Unless specifically provided otherwise by federal or 
other state law, the participation of an individualized education 
program facilitator in the development of a student's 
individualized education program does not violate confidentiality 
provisions under federal or state law.
	(g)  If a school district chooses to offer individualized 
education program facilitation under Subsection (b)(2)(D), the 
facilitation must be provided at no cost to a parent.
	(h)  The commissioner shall adopt rules necessary to 
implement this section.
	Sec. 29.021.  PILOT PROGRAM FOR INDEPENDENT INDIVIDUALIZED 
EDUCATION PROGRAM FACILITATION.  (a)  The agency shall develop an 
independent individualized education program facilitation process 
as a method of alternative dispute resolution.
	(b)  The agency shall implement the process developed under 
Subsection (a) on a pilot program basis within the boundaries of 
three regional education service centers selected by the 
commissioner for that purpose.  Not more than 500 facilitations may 
be conducted under the pilot program.
	(c)  Notwithstanding Subsection (b), if the commissioner 
determines that adequate funding is available, the commissioner may 
authorize:
		(1)  the expansion of the pilot program to additional 
areas; or      
		(2)  a greater number of facilitations than the limit 
specified under that subsection.
	(d)  The commissioner shall select the participating 
regional education service centers based on criteria established by 
the commissioner.  The selection criteria must include criteria 
relating to:
		(1)  the geographic location of a center;                              
		(2)  student enrollment within the boundaries of a 
center;           
		(3)  the number of formal complaints regarding special 
education issues filed by persons within the boundaries of a 
center; and
		(4)  the number of mediations and special education due 
process hearings requested by persons within the boundaries of a 
center.
	(e)  The facilitation process may be used when a school 
district located within the boundaries of a participating regional 
education service center and the parents of a student with a 
disability agree on the value of involving an impartial facilitator 
in the procedures used to develop the student's individualized 
education program.
	(f)  The role of a facilitator under the facilitation process 
developed under this section is to assist in creating an atmosphere 
for fair communication and the successful development of a 
student's individualized education program.
	(g)  Each participating regional education service center 
shall develop a network of impartial facilitators to be made 
available on request to school districts and parents that choose to 
use the facilitation process developed under this section.  
Facilitators must be provided at no cost to a school district or 
parent.
	(h)  The commissioner shall adopt rules necessary to 
implement this section.
	(i)  Not later than January 1, 2011, the agency shall submit 
a report to the legislature regarding the implementation and 
effectiveness of the pilot program.  This subsection expires 
September 1, 2011.
	SECTION ____.  Sections 29.020 and 29.021 of this Act apply 
beginning with the 2009-2010 school year.
	SECTION ____.  Sections 29.020 and 29.021 of this Act do not 
make an appropriation.  A provision in this Act that creates a new 
governmental program, creates a new entitlement, or imposes a new 
duty on a governmental entity is not mandatory during a fiscal 
period for which the legislature has not made a specific 
appropriation to implement the provision, unless funding is 
provided from another source such as federal funds.