|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
|
relating to optional dispute resolution methods for school |
|
districts and parents of students seeking or receiving special |
|
education services. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. 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 2. This Act applies beginning with the 2009-2010 |
|
school year. |
|
SECTION 3. 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. |
|
|
|
* * * * * |