81R8265 CAS-D
 
  By: Shapiro, Lucio S.B. No. 2083
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to surveys concerning school district and open-enrollment
  charter school special education programs and grants to districts,
  campuses, and open-enrollment charter schools that perform well on
  the surveys and on other indicators.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Sections 29.022-29.029 to read as follows:
         Sec. 29.022.  SPECIAL EDUCATION SURVEYS: DEVELOPMENT AND
  DESIGN. (a) The agency shall develop an Internet-based data
  collection platform that each school district and open-enrollment
  charter school shall use to conduct surveys concerning:
               (1)  each student participating in the district's or
  school's special education program;
               (2)  each student who has participated in the
  district's or school's special education program and has graduated
  from a district or school high school; and
               (3)  each student who has withdrawn from the district's
  or school's special education program.
         (b)  The agency shall develop questions and a structure for
  each survey required under Subsection (a) so that each survey is
  designed to be completed in 15 minutes or less. In developing the
  surveys, the agency shall:
               (1)  to the extent practicable, consult with one or
  more national organizations with expertise in postsecondary
  education, employment, or life skills for persons with
  disabilities; and
               (2)  consult with:
                     (A)  parents of students eligible under Section
  29.003 to participate in a district or school special education
  program;
                     (B)  teachers who teach in special education
  programs;
                     (C)  school administrators; and
                     (D)  other persons with significant interest or
  expertise in special education, including:
                           (i)  one person appointed by the presiding
  officer of the standing committee in the senate with primary
  jurisdiction over public education; and
                           (ii)  one person appointed by the presiding
  officer of the standing committee in the house of representatives
  with primary jurisdiction over public education.
         (c)  A survey under Subsection (a)(1) shall be:
               (1)  designed to determine, among other information,
  whether the person completing the survey:
                     (A)  believes that the student is appropriately
  progressing academically and, as appropriate based on the
  grade-level or age of the student, toward living independently and
  working competitively;
                     (B)  has, as appropriate based on the person
  completing the survey, an understanding of the educational rights
  under federal law of a student with a disability; and
                     (C)  is satisfied with admission, review, and
  dismissal committee meetings, conflict resolution procedures and
  outcomes, the level of due process provided in the special
  education program, the amount and type of teacher training, teacher
  retention, and, as applicable, the availability of student and
  parent contact information; and
               (2)  disaggregated by type of disability and by
  preschool, including early childhood, or primary or secondary
  school grade-level or age of the student.
         (d)  A survey under Subsection (a)(2) shall be designed to
  determine, among other information, whether the student is:
               (1)  attending a postsecondary educational institution
  and, if so, the type of institution;
               (2)  living independently; and
               (3)  employed and, if so, the type of employment.
         (e)  A survey under Subsection (a)(3) shall be designed to
  determine, among other information, the reason for the student's
  withdrawal from the special education program, such as a change of
  residence or a decision to educate the student at home or in a
  private setting.
         Sec. 29.023.  SPECIAL EDUCATION SURVEYS:  ADMINISTRATION AND
  RESULTS.  (a)  A school district shall conduct the surveys developed
  under Section 29.022 as follows:
               (1)  for a survey under Section 29.022(a)(1), once each
  school year, after an admission, review, and dismissal committee
  meeting;
               (2)  for a survey under Section 29.022(a)(2),
  approximately 12 months and again approximately 60 months after the
  date of a student's graduation; and
               (3)  for a survey under Section 29.022(a)(3),
  approximately 12 months after the last day of the school year in
  which the student withdrew from the district's or school's special
  education program.
         (b)  For a survey under Section 29.022(a)(1), a school
  district or open-enrollment charter school shall conduct separate
  surveys of the parent of a student participating in the district or
  school special education program, each teacher of the student, each
  paraprofessional working with the student, and, to the extent
  practicable, the student. For a survey under Section 29.022(a)(2)
  or (3), a district or school shall conduct a separate survey of the
  parent of each student who has participated in the district's or
  school's special education program and, to the extent practicable,
  each student.
         (c)  The agency shall develop a statewide Internet-based
  information system that the agency posts on the agency's Internet
  website and that provides current and historical survey results for
  each school district, campus, and open-enrollment charter school
  that are disaggregated by students' type of disability and by
  students' preschool or grade-level range or age. In addition, the
  information system must rank districts, campuses, and schools
  among, as determined by the agency, peer institutions in this state
  and, if practicable, nationally, based on:
               (1)  accomplishments by students and satisfaction with
  special education programs, as indicated by the surveys conducted
  under this section; and
               (2)  other indicators established by law and rules, as
  determined appropriate by the agency, including the indicator under
  Section 39.051(b)(12) and the districts', campuses', or schools'
  current special education compliance status with the agency.
         Sec. 29.024.  SPECIAL EDUCATION REPORT CARD.  The agency
  shall develop and each school district or open-enrollment charter
  school shall provide to the parent of each student participating in
  the district's or school's special education program, before each
  admission, review, and dismissal committee meeting, a special
  education report card. The report card must indicate the discrete
  and relative performance, disaggregated by students' type of
  disability and by students' preschool or grade-level range or age,
  of the district and campus or school on:
               (1)  issues surveyed under Sections 29.022 and 29.023;
  and
               (2)  other indicators established by law and rules, as
  determined appropriate by the agency, including the indicator under
  Section 39.051(b)(12) and the district's and campus's or school's
  current special education compliance status with the agency.
         Sec. 29.025.  SPECIAL EDUCATION SUCCESS GRANTS.  (a)  To the
  extent funds are available, the agency shall award grants to school
  districts, campuses, and open-enrollment charter schools with high
  rankings under the information system under Section 29.023(c).
         (b)  The commissioner shall by rule adopt criteria on which
  to base a grant award under this section, for grouping districts,
  campuses, and open-enrollment charter schools based on the number
  of students enrolled in the program and other factors, and for
  distinguishing among districts, campuses, and schools. The rule
  must require a district, campus, or school, before receiving an
  award, to provide a detailed, written description of the special
  education program, especially the aspects of the program that have
  led to student success. The agency shall post each description on
  the agency's Internet website and shall provide copies to school
  districts, open-enrollment charter schools, and regional education
  service centers and, on request, to members of the public.
         (c)  The total amount of grant awards under this section may
  not exceed $2 million per year.
         Sec. 29.026.  SPECIAL EDUCATION SURVEYS: ANALYSIS.  The
  agency shall periodically perform a statistical analysis to isolate
  particular results of surveys conducted under Sections 29.022 and
  29.023 that predict student success. The agency shall post the
  results of the analysis, without using any personally identifiable
  student information, on the agency's Internet website and shall
  provide copies of the results to school districts, open-enrollment
  charter schools, and regional education service centers and, on
  request, to members of the public. In addition, on request, the
  agency shall make the information available to persons providing
  research, members of special education advocacy groups, and other
  interested persons.
         Sec. 29.027.  PARENT AND TEACHER CONTACT INFORMATION.  The
  agency shall provide a method by which parents and teachers of
  students who have participated in a special education program and
  completed a survey under Section 29.023 may, through the agency,
  provide contact information to persons who provide training,
  advocacy, or other targeted assistance in creating academic success
  for students in special education programs.
         Sec. 29.028.  RULES.  The commissioner shall adopt rules as
  necessary to administer Sections 29.022-29.027.
         Sec. 29.029.  SPECIAL EDUCATION SURVEYS: IMPLEMENTATION
  PLAN.  Not later than January 1, 2010, the agency shall submit to
  the governor, lieutenant governor, speaker of the house of
  representatives, and presiding officers of the standing committees
  of each house of the legislature with primary jurisdiction over
  public education a plan for implementing the requirements of
  Sections 29.022-29.027. Not later than June 15, 2010, school
  districts and open-enrollment charter schools shall begin
  conducting surveys under Sections 29.022 and 29.023. This section
  expires June 30, 2010.
         SECTION 2.  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.