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A BILL TO BE ENTITLED
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AN ACT
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relating to outcome measurement and reporting concerning school |
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district and open-enrollment charter school special education |
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programs and grants to public school entities that perform well on |
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the measurements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Sections 29.022 through 29.030 to read as |
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follows: |
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Sec. 29.022. SPECIAL EDUCATION SURVEYS: DEVELOPMENT AND |
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DESIGN OF DATA COLLECTION PLATFORM AND FLOWCHART. (a) The agency |
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shall develop an Internet-based data collection platform that, in |
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accordance with Section 29.023: |
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(1) each school district and open-enrollment charter |
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school shall use to coordinate the completion of surveys concerning |
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each student participating in the district's or school's special |
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education program; and |
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(2) the agency shall use to survey: |
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(A) each student who has participated in a school |
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district's or open-enrollment charter school's special education |
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program and has graduated from a district or school high school or |
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the parent of or person standing in parental relation to such a |
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student; and |
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(B) each student who has withdrawn from a school |
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district's or open-enrollment charter school's special education |
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program or the parent of or person standing in parental relation to |
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such a student. |
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(b) The agency shall develop a survey question flowchart for |
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each survey required under Subsection (a) so that each survey is |
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designed to be completed in 15 minutes or less. In developing each |
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survey flowchart, the agency shall: |
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(1) to the extent practicable, consult with one or |
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more national organizations with expertise in postsecondary |
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education, employment, or life skills for persons with |
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disabilities; and |
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(2) consult with: |
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(A) parents of students eligible under Section |
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29.003 to participate in a district or school special education |
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program; |
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(B) teachers who teach special education |
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students; |
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(C) school administrators, including |
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superintendents, principals, and special education administrators; |
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(D) other persons with significant interest or |
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expertise in special education, including: |
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(i) one person appointed by the presiding |
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officer of the standing committee in the senate with primary |
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jurisdiction over public education; and |
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(ii) one person appointed by the presiding |
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officer of the standing committee in the house of representatives |
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with primary jurisdiction over public education; and |
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(E) persons who perform research at institutions |
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of higher education and have expertise concerning the design of |
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statistically valid, accurate, and objective data collection |
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methods. |
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(c) A survey under this section shall be, as applicable: |
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(1) designed to determine, among other information, |
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whether the person completing the survey: |
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(A) perceives that the student is appropriately |
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progressing toward each of the following: |
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(i) attending postsecondary education; |
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(ii) living independently; and |
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(iii) being employed; |
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(B) has, as appropriate based on the person |
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completing the survey, an understanding of the educational rights |
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under federal law of a student with a disability; and |
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(C) is satisfied with admission, review, and |
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dismissal committee meetings, conflict resolution procedures and |
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outcomes, the level of due process provided in the special |
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education program, the amount and type of teacher training, teacher |
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retention, and, as applicable, the availability of student and |
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parent contact information; |
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(2) disaggregated by type of disability and by |
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preschool, including early childhood, or primary or secondary |
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school grade-level or age of the student; and |
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(3) designed, to the extent practicable, through the |
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use of multiple languages or other accommodations determined by the |
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agency, to be completed without assistance from school district |
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personnel. |
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(d) A survey under Subsection (a)(2)(A) shall be designed to |
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determine, among other information, whether the student is: |
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(1) attending a postsecondary educational institution |
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and, if so, the type of institution; |
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(2) living independently; and |
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(3) employed and, if so, the type of employment. |
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(e) A survey under Subsection (a)(2)(B) shall be designed to |
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determine, among other information, the reason for the student's |
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withdrawal from the special education program, such as a change of |
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residence or a decision to educate the student at home or in a |
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private setting. |
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Sec. 29.023. SPECIAL EDUCATION SURVEYS: ADMINISTRATION AND |
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RESULTS. (a) The agency shall conduct the surveys described by |
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Section 29.022 as follows: |
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(1) for a survey under Section 29.022(a)(1), once |
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during each of the following periods during which a student is |
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enrolled in a special education program: |
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(A) during the period the student is at least |
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three years of age and younger than six years of age; |
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(B) during the period the student is at least six |
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years of age and younger than 11 years of age; |
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(C) during the period the student is at least 11 |
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years of age and younger than 15 years of age; and |
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(D) during the period the student is at least 15 |
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years of age and younger than 22 years of age; |
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(2) for a survey under Section 29.022(a)(2)(A), |
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approximately 12 months and again approximately 60 months after the |
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date of a student's graduation; and |
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(3) for a survey under Section 29.022(a)(2)(B), as |
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soon as practicable after the student withdraws from the district's |
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or school's special education program. |
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(b) For a survey under Section 29.022(a)(1), a school |
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district or open-enrollment charter school shall coordinate the |
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completion of separate surveys of: |
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(1) the parent of or person standing in parental |
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relation to a student participating in the district's or school's |
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special education program; |
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(2) the special education teacher of the student or, |
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if the student is in general education classes only, a teacher of |
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the student in a course in the foundation curriculum under Section |
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28.002(a)(1); |
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(3) if applicable, the primary paraprofessional |
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working with the student; and |
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(4) if the student participates in admission, review, |
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and dismissal committee meetings, the student. |
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(c) For a survey under Section 29.022(a)(2)(A) or (B), the |
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agency shall complete a survey of: |
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(1) the parent of or person standing in parental |
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relation to each student who has participated in the district's or |
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school's special education program; or |
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(2) to the extent practicable, each student. |
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(d) The agency shall develop a statewide Internet-based |
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information reporting system that the agency posts on the agency's |
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Internet website and that provides current and historical special |
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education snapshot results for each school district, campus, and |
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open-enrollment charter school that are disaggregated by students' |
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type of disability and by students' preschool or grade-level range |
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or age. In addition, the information system must provide relative |
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performance statistics for districts, campuses, and schools among, |
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as determined by the agency, peer institutions in this state and, if |
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practicable, nationally, based on: |
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(1) outcomes by students and interim outcome progress |
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indicators, as indicated by the surveys conducted under this |
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section; and |
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(2) other indicators established by law and rules, as |
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determined appropriate by the agency, including the indicator under |
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Section 39.051(b)(12) and the districts', campuses', or schools' |
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current special education compliance status with the agency. |
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Sec. 29.024. SPECIAL EDUCATION SNAPSHOT. (a) The agency |
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shall develop and each school district or open-enrollment charter |
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school shall provide to the parent of or person standing in parental |
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relation to each student participating in the district's or |
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school's special education program, once each school year before |
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the first admission, review, and dismissal committee meeting, a |
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special education snapshot. The snapshot must be designed to be |
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easily understood by parents and persons standing in parental |
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relation and must indicate the discrete and relative performance, |
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disaggregated by students' type of disability and by students' |
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preschool or grade-level range or age, of the district and campus or |
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school on: |
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(1) issues surveyed under Sections 29.022 and 29.023; |
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and |
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(2) other indicators established by law and rules, as |
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determined appropriate by the agency, including the indicator under |
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Section 39.051(b)(12) and the district's and campus's or school's |
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current special education compliance status with the agency. |
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(b) In a case in which disaggregation of data as reported in |
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the snapshot would, because of the survey sample size, create a |
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violation under the Family Educational Rights and Privacy Act of |
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1974 (20 U.S.C. Section 1232g), the agency shall increase the |
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grouping sample size used for snapshot purposes by adding age |
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ranges or historical results to the extent necessary to comply with |
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that law. |
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(c) In a case in which disaggregation of data as reported in |
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the snapshot would, because of the small survey sample size, create |
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among peers relative performance statistics that are not |
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statistically sound, the agency shall increase the grouping sample |
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size used for snapshot purposes by adding age ranges or historical |
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results to create statistically valid relative performance |
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statistics. The discrete survey results shall be disaggregated to |
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the fullest extent possible. |
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Sec. 29.025. SPECIAL EDUCATION SUCCESS GRANTS FOR PUBLIC |
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SCHOOLS. (a) To the extent funds are available, the agency shall |
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award grants to school districts, campuses, and open-enrollment |
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charter schools with high relative performance statistics for |
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students with a specific disability, as indicated by the snapshot |
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information under Section 29.023(d). |
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(b) The commissioner shall by rule adopt criteria on which |
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to base a grant award under this section, for grouping districts, |
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campuses, and open-enrollment charter schools based on the number |
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of students enrolled in the program and other factors, and for |
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distinguishing among districts, campuses, and schools and among |
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types of disabilities. The rule must require a district, campus, or |
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school, before receiving an award, to provide a detailed, written |
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description on a form adopted by the commissioner under Subsection |
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(d) of the award-winning special education program, especially the |
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aspects of the program that have led to student success. The agency |
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shall post each description on the agency's Internet website and |
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shall provide copies to school districts, open-enrollment charter |
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schools, and regional education service centers and, on request, to |
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members of the public. |
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(c) The total amount of grant awards under this section may |
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not exceed $2 million per year. |
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(d) The commissioner by rule shall adopt a written |
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description form for purposes of Subsection (b). To enable another |
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school district, campus, or open-enrollment charter school to |
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understand and implement a special education program similar to the |
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program for which a grant has been awarded under this section, the |
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form must require a program description that describes, among any |
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other aspects of the program as determined by the commissioner: |
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(1) program methodologies and practices; |
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(2) lessons learned from program implementation; |
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(3) staff qualification requirements; |
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(4) staff-to-student ratios across placements; |
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(5) staff training, development, and retention |
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strategies, including methods and measures used to support staff; |
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(6) unique, creative, or advanced program elements; |
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(7) significant challenges faced and any solutions |
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found; and |
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(8) approximate budget information, with major |
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program expenditures specified. |
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Sec. 29.026. SPECIAL EDUCATION SURVEYS: ANALYSIS. |
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(a) The agency shall periodically perform a statistical analysis |
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to isolate particular results of surveys conducted under Sections |
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29.022 and 29.023 that predict student success. |
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(b) The agency shall post the results of the analysis under |
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Subsection (a), with any personally identifiable student |
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information removed, on the agency's Internet website and shall |
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provide copies of the results to school districts, open-enrollment |
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charter schools, and regional education service centers and, on |
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request, to members of the public. In addition, on request, the |
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agency shall make the data on which the analysis is based available, |
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with any personally identifiable student information removed, to |
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persons providing research, members of special education advocacy |
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groups, and other interested persons. The agency may require a |
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person to whom that data is made available to execute a |
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nondisclosure agreement as the agency determines necessary to |
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ensure that the person releases to the public only summary results |
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of the person's research and does not release to the public |
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information or a form of information that reveals personally |
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identifiable student information. |
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Sec. 29.027. PARENT AND TEACHER CONTACT INFORMATION. The |
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agency shall provide a method during the survey by which parents and |
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teachers of students who have participated in a special education |
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program and completed a survey under Section 29.023 may, through |
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the agency, provide contact information to persons who provide |
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training, advocacy, or other targeted assistance in creating |
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academic success for students in special education programs. |
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Sec. 29.028. SPECIAL EDUCATION SURVEYS: CONFIDENTIALITY OF |
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INFORMATION. (a) Notwithstanding any other provision of this |
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subchapter, the results of a special education survey under this |
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subchapter are not considered public information under Chapter 552, |
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Government Code. |
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(b) The agency shall take measures to ensure |
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confidentiality of individual survey results so that parents of or |
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persons standing in parental relation to students of school |
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districts or open-enrollment charter schools and employees of the |
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districts or schools are not subject to consequences as a result of |
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their answers to survey questions. |
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Sec. 29.029. RULES. The commissioner shall adopt rules as |
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necessary to administer Sections 29.022-29.028. |
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Sec. 29.030. SPECIAL EDUCATION SURVEYS: IMPLEMENTATION |
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PLAN. (a) Not later than March 1, 2010, the agency shall submit to |
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the governor, lieutenant governor, speaker of the house of |
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representatives, and presiding officer of the standing committee of |
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each house of the legislature with primary jurisdiction over public |
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education a plan for implementing the requirements of Sections |
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29.022-29.028. |
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(b) The implementation plan must include the |
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confidentiality measures required by Section 29.028(b). |
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(c) Not later than September 1, 2010, school districts and |
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open-enrollment charter schools shall begin conducting surveys |
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under Sections 29.022 and 29.023. This section expires September |
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30, 2010. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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