81R11103 CAE-F

By: Shapiro S.B. No. 2204

A BILL TO BE ENTITLED

AN ACT

relating to the enhancement of services for certain students with autism or autism spectrum disorder and training and support for educators who serve students with autism.

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 INTERDISCIPLINARY ENHANCEMENT 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 interdisciplinary enhancement program for students described by this subchapter.

(3) "Qualifying community provider" means a nongovernmental community-based program that provides for the educational, communication, and behavioral needs of students with autism and that has been approved by the agency as a provider for the program.

Sec. 29.402. PROGRAM. An eligible student under Section 29.403 may, at the option of the student's parent, access services as provided by Section 29.404 through a qualifying community provider.

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 is considered to be at high risk for residential treatment or institutionalization; 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 autism interdisciplinary enhancement team established for the student as required by Section 29.407 determines that it is appropriate for the student to make the transition back into the public school system.

Sec. 29.404. FINANCING OF SERVICES PROVIDED BY QUALIFYING COMMUNITY PROVIDER. (a) For a student who accesses services through a qualifying community provider under this subchapter, the provider 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 community provider.

(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 community provider whose services the student plans to access and demonstrate that the student has been accepted by that provider. 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 community provider whose services the student accesses on a schedule adopted by the agency after educational services have been provided. The agency shall require that the qualifying community provider submit documentation of the student's attendance before the agency directs funds to the provider.

(d) A student who accesses services through a qualifying community provider 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 community provider.

(f) A qualifying community provider 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. 29.405. PARTICIPATION BY QUALIFYING COMMUNITY PROVIDERS. (a) To participate in the program, a qualifying community provider must:

(1) be approved as a nonpublic community provider by the commissioner;

(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 community provider is located.

(b) A qualifying community provider 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. 29.406. ADMISSIONS. (a) A qualifying community provider 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 community provider that has more qualified program applicants for services under this subchapter than available positions must fill the available program positions by a random selection process. To achieve continuity in education, a community provider 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 community provider 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 community provider 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. 29.407. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM. (a) For each student enrolled in the program, an autism interdisciplinary enhancement team must be established. The team shall consist of a representative from the school district in which the student resides, a representative of the qualifying community provider, and a parent of the student. The team may include a member of the community with knowledge and experience in autism or autism spectrum disorder.

(b) The team shall meet on a regular basis to:

(1) develop an individual service plan for the student;

(2) monitor the progress of the student, including review of the student's assessments and progress reports; and

(3) set goals for the student, including specific timelines for the potential transition of the student back into the public school system.

(c) The plan and goals developed by the team for a student must be considered and incorporated by the qualifying community provider in developing the goals required to be established under Section 29.408.

(d) At the time the student makes the transition back into the public school system, the team shall provide to the public school that the student will attend training in and assistance with the methodologies that have been successful with the student during the student's participation in the program. The team may provide any support or service requested by the school.

Sec. 29.408. ACADEMIC ACCOUNTABILITY. (a) Each school year, a qualifying community provider shall establish academic goals for each program student accessing services through the provider. The goals under this section must include communication and behavior skills. The goals must be developed in a manner similar to an individualized education program developed under Section 29.005, based on individual student assessment, and include recommendations from the student's autism interdisciplinary enhancement team. Every six weeks, the provider shall provide a report to the student's parent and autism interdisciplinary enhancement team describing the student's progress toward achieving the goals developed for the student.

(b) Each qualifying community provider that provides services to a student under this subchapter shall annually administer:

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

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

(c) The qualifying community provider shall provide:

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

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

Sec. 29.409. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM TRANSITION AND COORDINATION INITIATIVE. (a) If a student participating in the program is ready to make the transition back into the public school system, based on the student's performance on assessment instruments and other measures of progress, the student's autism interdisciplinary enhancement team shall assist with the transition. The team must provide training in the research-based instruction that has proven effective for the student to the school district the student will attend.

(b) Training by the autism interdisciplinary enhancement team shall be funded by the regional education service center that provides services to the school district the student will attend. The regional education service center shall assist in the coordination of teacher training between the school district and the qualifying community provider.

(c) The qualifying community provider and the autism interdisciplinary enhancement team shall develop appropriate training for the educators who will serve the student in the school district. The training must include scientifically and behaviorally based training.

(d) The autism interdisciplinary enhancement team shall develop procedures for the school district to use in determining the training needs of educators who will serve the student, including:

(1) evaluating student counts and distribution;

(2) conducting an inventory of staff knowledge; and

(3) conducting an inventory of staff resources.

(e) The autism interdisciplinary enhancement team shall ensure that all elements identified as necessary for the student's transition are in place before the transition occurs.

(f) After the transition has occurred, the autism interdisciplinary enhancement team shall meet at least once every 12 weeks at the school to monitor the transition and ensure each aspect of the student's transition is being effectively implemented.

(g) The commissioner may adopt rules as necessary to implement this section.

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

Sec. 29.411. QUALIFYING COMMUNITY PROVIDER AUTONOMY. (a) A qualifying community provider 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 community provider that accepts funding under this subchapter.

(c) A qualifying community provider 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 community provider are responsible for determining the services and educational program to be provided to the student in accordance with the goals developed for the student under Section 29.408(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 community provider;

(2) apply for acceptance by the qualifying community provider; and

(3) apply in the manner provided under Section 29.404 for participation in the program.

(b) A student participating in the program must comply with the student code of conduct of the qualifying community provider providing services to the student. A student must receive services from the qualifying community provider each school day or as otherwise determined to be appropriate for the student's needs.

Sec. 29.413. TRANSFER. (a) An eligible student participating in the program may transfer to another qualifying community provider in the manner authorized by commissioner rule. If a student transfers to another provider 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 community providers according to the length of the period that the student received services from each provider.

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

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 community providers; and

(2) application and approval procedures for qualifying community provider and student participation in the program, including timelines for the application and approval procedures.

(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 qualifying community provider that violates this subchapter or a rule adopted under this subchapter.

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

(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 provider.

(c) If the commissioner revokes a qualifying community provider's permission to participate in the program under Subsection (b), the agency shall immediately notify the parent of an eligible student receiving services from the provider 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 community providers and public schools and must include consideration of:

(1) student satisfaction;

(2) parent satisfaction;

(3) behavioral problems of program students receiving services from qualifying community providers 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 29.408(b);

(7) factors resulting in more than 25 percent of eligible students in a school district electing to receive services through a qualifying community provider under this subchapter; and

(8) the practices of a qualifying community provider 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 community providers 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 interdisciplinary enhancement 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 interdisciplinary enhancement 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.