81R1708 CAE-F

By: Shapiro S.B. No. 1301

A BILL TO BE ENTITLED

AN ACT

relating to the accessibility of services for certain students with autism or autism spectrum disorder.

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

SECTION 1. Chapter 29, Education Code, is amended by adding Subchapter K to read as follows:

SUBCHAPTER K. AUTISM SERVICES ACCESSIBILITY PROGRAM

Sec. 29.401. DEFINITIONS. In this subchapter:

(1) "Parent" includes a guardian, custodian, or other person with authority to act on behalf of a student.

(2) "Program" means the autism services accessibility program for students described by this subchapter.

(3) "Qualifying school" means a nongovernmental community-based educational establishment that provides for the educational needs of students with autism. The term does not include a school that provides education in a home setting or that limits enrollment to relatives of the school's staff.

Sec. 29.402. PROGRAM. An eligible student under Section 29.403 may, at the option of the student's parent:

(1) attend any public school in the district in which the student resides;

(2) attend a public school in a district other than the district in which the student resides; or

(3) access services as provided by Section 29.406 through a qualifying school.

Sec. 29.403. ELIGIBLE STUDENT. (a) A student is eligible to participate in the program if:

(1) the student is eligible to receive public school services and is eligible under Section 29.003 to participate in a school district's special education program;

(2) the student has been diagnosed with autism or autism spectrum disorder; and

(3) an individualized educational program has been developed for the student under Section 29.005.

(b) Each school year, a school district shall:

(1) provide written notice of the program to the parent of a student who is eligible to participate in the program under Subsection (a); and

(2) allow the parent an opportunity to enroll the student in the program.

(c) A student who establishes eligibility under this section may continue participating in the program until the earlier of the date the student graduates from high school or the student's 22nd birthday.

Sec. 29.404. TRANSFER OF STATE AID BETWEEN SCHOOL DISTRICTS. (a) Except as provided by Section 29.405, an eligible student who as provided by Section 29.402(2) attends a public school in a school district other than the district in which the student resides is included in the average daily attendance of the district in which the student resides for purposes of Chapters 41 and 42.

(b) The commissioner shall deduct an amount equal to the amount of funding to which the school district in which the eligible student resides is entitled under Chapter 42 for that student from the total state aid to which that district is entitled and shall transfer that amount to the district in which the student is enrolled.

(c) If a student resides in a school district that does not receive state aid under Chapter 42, the district in which the student resides shall purchase attendance credits under Subchapter D, Chapter 41, in an amount equal to the amount of funding the district would receive for the student under Chapter 42 if the district were entitled to state aid under that chapter, and the commissioner shall transfer that amount to the school district in which the student is enrolled.

Sec. 29.405. STATE AID IN CERTAIN CIRCUMSTANCES. An eligible student who as provided by Section 29.402(2) attends a public school in a school district other than the district in which the student resides is counted in the average daily attendance of the school district in which the student attends school if the total amount of state aid that the enrolling district would receive by counting the student in the district's average daily attendance is greater than the amount of state aid the district would receive as a result of receiving a transfer of funds from the district in which the student resides under Section 29.404.

Sec. 29.406. FINANCING OF SERVICES PROVIDED BY QUALIFYING SCHOOL. (a) For a student who attends a qualifying school under this subchapter, a qualifying school is entitled to an annual amount of funding that is equal to the amount of funding to which the school district in which the student resides would be entitled under Chapter 42 for the student. The agency shall directly distribute the funding to the qualifying school.

(b) For an eligible student to participate in the program, the parent of the student must apply to the agency on behalf of the student not later than a date specified by the commissioner. The application must specify the qualifying school the student plans to attend and demonstrate that the student has been accepted for admission by that school. On receiving the application from the parent of an eligible student, the agency shall determine a student's eligibility in accordance with rules adopted under Section 29.414. If the agency determines that the student is eligible for participation in the program, the agency shall notify the student's parent of the student's eligibility.

(c) The agency shall direct the distribution of funds to the qualifying school the student attends on a schedule adopted by the agency after educational services have been provided. The agency shall require that the qualifying school submit documentation of the student's attendance before the agency directs funds to the qualifying school.

(d) A student who attends a qualifying school under this subchapter is included in the average daily attendance of the school district in which the student resides for purposes of determining the amount of the student's program funding. The amount of the student's program funding is deducted from the total state aid to which the school district is entitled. If a student resides in a school district that does not receive state aid under Chapter 42, the school district shall purchase attendance credits under Subchapter D, Chapter 41, in an amount equal to the amount of the student's program funding.

(e) The student's program funding is the entitlement of the student, under the supervision of the student's parent, and not that of any school.

(f) A qualifying school may not share a student's program funding with or refund or rebate a student's program funding to the parent or the student in any manner.

(g) A student's program funding may not be financed by money appropriated from the available school fund.

Sec. 29.407. PARTICIPATION BY QUALIFYING SCHOOLS. (a) To participate in the program, a qualifying school must:

(1) either:

(A) be accredited by an accrediting association recognized by the commissioner to accredit nongovernmental schools in this state; or

(B) have filed an application for accreditation by an accrediting association described by Paragraph (A) that has not been withdrawn, denied, or left pending for more than three years;

(2) not advocate or foster unlawful behavior or teach hatred of any person or group on the basis of race, ethnicity, national origin, or religion;

(3) comply with all health and safety laws applicable to nongovernmental schools; and

(4) hold a valid occupancy permit if required by the municipality in which the school is located.

(b) A qualifying school must comply with all state laws applicable to nongovernmental schools regarding criminal background checks for employees and may not employ a person who is not authorized under state law to work in a nongovernmental school.

Sec. 29.408. ADMISSIONS. (a) A qualifying school chosen by an eligible student's parent under this subchapter may not deny admission by discriminating on the basis of the student's race, ethnicity, or national origin and must comply with the requirements of:

(1) 42 U.S.C. Section 2000d et seq. with respect to nondiscrimination on the basis of race, color, or national origin; and

(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), with respect to nondiscrimination on the basis of disability.

(b) Except as provided by this subsection, a qualifying school that has more qualified program applicants for attendance under this subchapter than available positions must fill the available program positions by a random selection process. To achieve continuity in education, a school may give preference among program applicants to a previously enrolled student and to other students residing in the same household as a previously enrolled student.

(c) A qualifying school may submit a written request for student records from the public school previously attended by an eligible student. Not later than the 10th working day after the date the public school receives the request, the public school shall deliver to the qualifying school a copy of the school's complete student records for that student, including attendance records, disciplinary records, past results of any assessment instruments administered to the student, the student's individualized educational program, and any other comprehensive assessments from each school the student previously attended. A public school that is required to release student records under this subsection shall comply with any applicable provision of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

Sec. 29.409. ACADEMIC ACCOUNTABILITY. (a) Each school year, a qualifying school shall establish academic goals for each eligible student enrolled in the school. The goals must be developed in a manner similar to an individualized education program developed under Section 29.005. At least every six weeks, the school shall provide a report to the student's parent describing the student's progress toward achieving the academic goals developed for the student under this subsection.

(b) Each qualifying school that enrolls a student under this subchapter shall annually administer in the spring:

(1) the appropriate assessment instrument required under Section 39.023; or

(2) a nationally norm-referenced assessment instrument approved by the agency.

(c) The school shall provide:

(1) the student's results on assessment instruments required under Subsection (b) to the student's parent; and

(2) the aggregated results of the assessment instruments required under Subsection (b) to the public.

Sec. 29.410. FINANCIAL SOLVENCY. The commissioner may adopt rules requiring a qualifying school that accepts funding under this subchapter to demonstrate financial solvency.

Sec. 29.411. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying school that accepts funding under this subchapter is not an agent or arm of the state or federal government.

(b) Except as provided by this subchapter, the commissioner, the agency, the State Board of Education, or any other state agency may not regulate the educational program of a qualifying school that accepts funding under this subchapter.

(c) A qualifying school that accepts funding under this subchapter is not required to implement an individualized education program developed for the student under Section 29.005. The student's parent and the qualifying school are responsible for determining the services and educational program to be provided to the student in accordance with the academic goals developed for the student under Section 29.409(a).

Sec. 29.412. RESPONSIBILITIES OF PARENT AND STUDENT. (a) It is the responsibility of the parent of an eligible student to:

(1) locate and select a qualifying school;

(2) apply for admission to the qualifying school; and

(3) apply in the manner provided under Section 29.406 for participation in the program.

(b) A student participating in the program must comply with the student code of conduct of the qualifying school the student attends. A student must attend the qualifying school each school day unless the student is excused by the school for illness or other good cause.

Sec. 29.413. TRANSFER. (a) An eligible student participating in the program may transfer to a public school or another qualifying school in the manner authorized by commissioner rule. If a student transfers to another school under this section after the beginning of the school year, the commissioner shall prorate the amount of the student's program funding between the qualifying schools or the qualifying school and the school district, as applicable, according to the length of the student's attendance at each school.

(b) The commissioner may adopt rules regarding the frequency with which a parent may transfer an eligible student from a qualifying school to another qualifying school or to a public school.

Sec. 29.414. RULES. (a) The commissioner shall adopt rules as necessary to implement, administer, and enforce the program, including rules regarding:

(1) the calculation and distribution of payments for qualifying schools;

(2) application and approval procedures for qualifying school and student participation in the program, including timelines for the application and approval procedures; and

(3) student transfers under Section 29.413.

(b) A rule adopted under this section is binding on any other state or local governmental entity, including a political subdivision, as necessary to implement, administer, and enforce the program.

Sec. 29.415. PROGRAM COMPLIANCE. (a) The agency shall enforce this subchapter and any rule adopted under this subchapter and may withhold funds from any district or qualifying school that violates this subchapter or a rule adopted under this subchapter.

(b) The commissioner may revoke a qualifying school's permission to participate in the program if the commissioner determines that the school:

(1) has not met the requirements provided by this subchapter;

(2) has intentionally and substantially misrepresented information required by this subchapter; or

(3) has failed to refund to the state in a timely manner any overpayment of program funding made to the school.

(c) If the commissioner revokes a qualifying school's permission to participate in the program under Subsection (b), the agency shall immediately notify the parent of an eligible student attending the school of the revocation.

Sec. 29.416. LIABILITY. The agency is not civilly liable for any action arising as the result of a student's participation in the program.

Sec. 29.417. EVALUATION OF PROGRAM. (a) The commissioner shall designate an impartial organization with experience in evaluating programs similar to the program established under this subchapter to conduct an annual evaluation of the program. The evaluation must be conducted without the use of state funds.

(b) An evaluation under this section must compare differences between qualifying schools and public schools and must include consideration of:

(1) student satisfaction;

(2) parent satisfaction;

(3) behavioral problems of program students attending qualifying schools as compared with students attending public schools;

(4) class size;

(5) the fiscal impact to the state and school districts;

(6) academic performance by comparable students as measured by an assessment instrument required under Section 29.409(b);

(7) factors resulting in more than 25 percent of eligible students in a school district attending a different school district or a qualifying school under this subchapter; and

(8) the practices of a qualifying school that contribute to any change in student behavior or academic performance.

(c) The evaluation must apply appropriate analytical and behavioral science methodologies to ensure public confidence in the evaluation.

(d) Not later than December 1, 2012, the commissioner shall submit to each member of the legislature a copy of the evaluation conducted under this section.

(e) School districts and qualifying schools shall cooperate with the organization conducting the evaluation and shall provide student assessment instrument results and any other information necessary to complete the evaluation in compliance with any applicable provision of the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g).

(f) The agency may accept grants to assist in funding the evaluation.

Sec. 29.418. APPLICATION OF SUNSET ACT. (a) The autism services accessibility program is subject to Chapter 325, Government Code (Texas Sunset Act), as if the program were a state agency. Unless continued in existence as provided by that chapter, the program is abolished and this subchapter expires September 1, 2019.

(b) To the extent Chapter 325, Government Code, imposes a duty on a state agency under review, the agency shall perform that duty as it relates to the program.

SECTION 2. (a) The Texas Education Agency shall make the autism services accessibility program under Subchapter K, Chapter 29, Education Code, as added by this Act, available for participation beginning with the 2010-2011 academic school year.

(b) As soon as practicable, the commissioner of education shall adopt and implement rules necessary for the administration of the program.

SECTION 3. This Act takes effect September 1, 2009.