By: Zaffirini S.B. No. 1125

(In the Senate - Filed February 25, 2009; March 13, 2009, read first time and referred to Committee on Education; April 16, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 6, Nays 1; April 16, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1125 By: West

A BILL TO BE ENTITLED

AN ACT

relating to transition and employment services for public school students enrolled in special education programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.011, Education Code, is amended to read as follows:

Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must:

(1) provide that transition planning begins for a student not later than when the student reaches 14 years of age; and

(2) specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:

(A) [(1)] appropriate student involvement in the student's transition to life outside the public school system;

(B) [(2)] if the student is younger than 18 years of age, appropriate parental involvement in the student's transition;

(C) [(3)] if the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the parent is invited to participate by the student or the school district in which the student is enrolled;

(D) [(4)] any postsecondary education options;

(E) [(5)] a functional vocational evaluation;

(F) [(6)] employment goals and objectives;

(G) [(7)] if the student is at least 18 years of age, the availability of age-appropriate instructional environments;

(H) [(8)] independent living goals and objectives; and

(I) [(9)] appropriate circumstances for referring a student or the student's parents to a governmental agency for services.

(b) The commissioner shall require each school district or shared services arrangement to designate an employee as the school transition and employment services coordinator to serve as the district's or shared services arrangement's specialist on transition and employment services for students enrolled in special education programs under this subchapter. An individual designated under this subsection must meet minimum transition training requirements established by the commissioner.

SECTION 2. Subchapter A, Chapter 29, Education Code, is amended by adding Sections 29.0111 and 29.0112 to read as follows:

Sec. 29.0111. TRANSITION INFORMATION. The agency shall develop a Performance-Based Monitoring Analysis System indicator regarding the preparation of students enrolled in special education programs to transition to life outside the public school system.

Sec. 29.0112. TRANSITION AND EMPLOYMENT MANUAL. (a) The agency, with assistance from the Health and Human Services Commission, shall develop a comprehensive transition and employment manual for students enrolled in special education programs and their parents to assist in the transition to life outside the public school system. The agency may contract with a private entity to prepare the manual.

(b) The transition and employment manual must contain information specific to this state regarding:

(1) transition services;

(2) employment and supported employment services;

(3) social security programs;

(4) community and long-term services and support;

(5) postsecondary educational programs and services;

(6) information sharing with health and human services agencies and providers;

(7) guardianship and alternatives to guardianship;

(8) self-advocacy, person-directed planning, and self-determination; and

(9) contact information for all relevant state agencies.

(c) The transition and employment manual must be produced in an electronic format and posted on the agency's website in a manner that permits the manual to be easily identified and accessed.

(d) The agency must update the transition and employment manual posted on the agency's website at least once every two years.

(e) The agency shall develop a summary document of the transition and employment manual that briefly describes each topic addressed in the manual and includes contact information for each agency or program described in the manual. The summary must include information about obtaining access to the complete manual.

(f) The agency must update the summary required under Subsection (e) not later than the 30th day after the date the transition and employment manual is updated in accordance with Subsection (d).

(g) A school district shall:

(1) maintain at each campus in the district a hard copy of the transition and employment manual that is posted on the agency's website;

(2) on request, assist a parent or student in obtaining access to the transition and employment manual; and

(3) provide one hard copy of the summary document required under Subsection (e) to each parent of a student enrolled in a special education program or adult student enrolled in a special education program at:

(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; or

(B) the first committee meeting that occurs after September 1, 2009, if a student has already had an admission, review, and dismissal committee meeting discussing transition.

SECTION 3. This Act applies beginning with the 2009-2010 school year.

SECTION 4. 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, 2009.

* * * * *