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Amend CSSB 643 (house committee report) by inserting into the
bill the following appropriately numbered SECTIONS and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Chapter 29, Education Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. SCHOOL DISTRICT PROGRAM FOR RESIDENTS OF FORENSIC
STATE SUPPORTED LIVING CENTER
Sec. 29.451. DEFINITIONS. In this subchapter, "alleged
offender resident," "interdisciplinary team," and "state supported
living center" have the meanings assigned by Section 555.001,
Health and Safety Code.
Sec. 29.452. APPLICABILITY. This subchapter applies only
to an alleged offender resident of the forensic state supported
living center established under Section 555.002, Health and Safety
Code.
Sec. 29.453. SCHOOL DISTRICT SERVICES. (a) A school
district shall provide educational services, including services
required under Subchapter A, to each alleged offender resident who
is under 22 years of age and otherwise eligible under Section 25.001
to attend school in the district. The district shall provide
educational services to each alleged offender resident who is 21
years of age on September 1 of the school year and otherwise
eligible to attend school in the district until the earlier of:
(1) the end of that school year; or
(2) the student's graduation from high school.
(b) The educational placement of an alleged offender
resident and the educational services to be provided by a school
district to the resident shall be determined by the resident's
admission, review, and dismissal committee consistent with federal
law and regulations regarding the placement of students with
disabilities in the least restrictive environment. The resident's
admission, review, and dismissal committee shall:
(1) inform the resident's interdisciplinary team of a
determination the committee makes in accordance with this
subsection; and
(2) consult, to the extent practicable, with the
resident's interdisciplinary team concerning such a determination.
Sec. 29.454. BEHAVIOR MANAGEMENT; BEHAVIOR SUPPORT
SPECIALISTS. (a) The discipline of an alleged offender resident by
a school district is subject to Sections 37.0021 and 37.004 and to
federal law governing the discipline of students with disabilities.
(b) A school district in which alleged offender residents
are enrolled shall employ one or more behavior support specialists
to serve the residents while at school. A behavior support
specialist must:
(1) hold a baccalaureate degree;
(2) have training in providing to students positive
behavioral support and intervention, as determined by the
commissioner of education; and
(3) meet any other requirement jointly determined by
the commissioner of education and the commissioner of the
Department of Aging and Disability Services.
(c) A behavior support specialist shall conduct for each
alleged offender resident enrolled in the school district a
functional behavioral assessment that includes:
(1) data collection, through interviews with and
observation of the resident;
(2) data analysis; and
(3) development of an individualized school
behavioral intervention plan for the resident.
(d) Each behavior support specialist shall:
(1) ensure that each alleged offender resident
enrolled in the school district is provided behavior management
services under a school behavioral intervention plan based on the
resident's functional behavioral assessment, as described by
Subsection (c);
(2) communicate and coordinate with the resident's
interdisciplinary team to ensure that behavioral intervention
actions of the district and of the forensic state supported living
center do not conflict;
(3) in the case of a resident who regresses:
(A) ensure that necessary corrective action is
taken in the resident's individualized education program or school
behavioral intervention plan, as appropriate; and
(B) communicate with the resident's
interdisciplinary team concerning the regression and encourage the
team to aggressively address the regression;
(4) participate in the resident's admission, review,
and dismissal committee meetings in conjunction with:
(A) developing and implementing the resident's
school behavioral intervention plan; and
(B) determining the appropriate educational
placement for each resident, considering all available academic and
behavioral information;
(5) coordinate each resident's school behavioral
intervention plan with the resident's program of active treatment
provided by the forensic state supported living center to ensure
consistency of approach and response to the resident's identified
behaviors;
(6) provide training for school district staff and, as
appropriate, state supported living center staff in implementing
behavioral intervention plans for each resident; and
(7) remain involved with the resident during the
school day.
(e) Section 22.0511 applies to a behavior support
specialist employed under this section by a school district.
Sec. 29.455. MEMORANDUM OF UNDERSTANDING. (a) A school
district in which alleged offender residents are enrolled in school
and the forensic state supported living center shall enter into a
memorandum of understanding to:
(1) establish the duties and responsibilities of the
behavior support specialist to ensure the safety of all students
and teachers while educational services are provided to a resident
at a school in the district; and
(2) ensure the provision of appropriate facilities for
providing educational services and of necessary technological
equipment if a resident's admission, review, and dismissal
committee determines that the resident must receive educational
services at the forensic state supported living center.
(b) A memorandum of understanding under Subsection (a)
remains in effect until superseded by a subsequent memorandum of
understanding between the school district and the forensic state
supported living center or until otherwise rescinded.
Sec. 29.456. FAILURE OF SCHOOL DISTRICT AND CENTER TO
AGREE. (a) If a school district in which alleged offender
residents are enrolled in school and the forensic state supported
living center fail to agree on the services required for residents
or responsibility for those services, the district or center may
refer the issue in disagreement to the commissioner of education
and the commissioner of the Department of Aging and Disability
Services.
(b) If the commissioner of education and the commissioner of
the Department of Aging and Disability Services are unable to bring
the school district and forensic state supported living center to
agreement, the commissioners shall jointly submit a written request
to the attorney general to appoint a neutral third party
knowledgeable in special education and mental retardation issues to
resolve each issue on which the district and the center disagree.
The decision of the neutral third party is final and may not be
appealed. The district and the center shall implement the decision
of the neutral third party. The commissioner of education or the
commissioner of the Department of Aging and Disability Services
shall ensure that the district and the center implement the
decision of the neutral third party.
Sec. 29.457. FUNDING. (a) In addition to other funding to
which a school district is entitled under this code, each district
in which alleged offender residents attend school is entitled to an
annual allotment of $5,100 for each resident in average daily
attendance or a different amount for any year provided by
appropriation.
(b) Not later than December 1 of each year, a school
district that receives an allotment under this section shall submit
a report accounting for the expenditure of funds received under
this section to the governor, the lieutenant governor, the speaker
of the house of representatives, the chairs of the standing
committees of the senate and house of representatives with primary
jurisdiction regarding persons with mental retardation and public
education, and each member of the legislature whose district
contains any portion of the territory included in the school.
Sec. 29.458. RULES. The commissioner may adopt rules as
necessary to administer this subchapter.
SECTION ____. Subchapter L, Chapter 29, Education Code, as
added by this Act, applies beginning with the school year in which
the Department of Aging and Disability Services begins operating
the Mexia State Supported Living Center as the forensic state
supported living center as required by Section 555.002, Health and
Safety Code, as added by this Act.