BILL ANALYSIS

S.B. 35

By: Zaffirini

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

An adult with a disability is more likely to be unemployed than an adult without a disability. Recent census data indicates a large number of young Texans report difficulty working because of disability issues, yet only a small percentage report receiving employment support through the Texas adult services system. It is difficult to address these problems in the Texas education system as the Texas Education Agency lacks clear data on employment support and outcomes for students with disabilities.

Recent legislation examined transition issues for young people with disabilities, with a special emphasis on employment. A large stakeholder work group has spent considerable time examining barriers to employment for this population and reported that some school districts do a good job of preparing students with disabilities for adult living but that others fail to offer meaningful transition services. In addition, a recent interim committee report recommended that transition planning begin at an earlier age to ensure a more effective transition to employment, further education, and independent living.

S.B. 35 provides for transition planning for certain students to begin, at the latest, when the student reaches 14 years of age, requires designation of a school transition and employment services coordinator, and requires the development and maintenance of a transition and employment guide for students enrolled in special education programs.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly granted to the commissioner of education in SECTION 1 of this bill.

ANALYSIS

S.B. 35 amends the Education Code to include a requirement in the procedures adopted by the commissioner of education by rule for compliance with federal requirements relating to transition services for students who are enrolled in special education programs that the procedures provide for appropriate state transition planning to begin for a student not later than when the student reaches 14 years of age. The bill requires the commissioner to require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs. The bill requires the commissioner to develop minimum training guidelines for a district's or shared services arrangement's designee. The bill requires an individual so designated to provide information and resources about effective transition planning and services and interagency coordination to ensure that local school staff communicate and collaborate with students enrolled in special education programs and the parents of those students and, as appropriate, local and regional staff of the Health and Human Services Commission, the Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Department of State Health Services, and the Department of Family and Protective Services.

S.B. 35 requires the Texas Education Agency (TEA), with assistance from the Health and Human Services Commission, to develop a transition and employment guide for students enrolled in special education programs and their parents to provide information on statewide services and programs that assist in the transition to life outside the public school system and to complete development of the guide not later than September 1, 2012. The bill authorizes the TEA to contract with a private entity to prepare the guide and requires the guide to contain information specific to Texas regarding the following: transition services; employment and supported employment services; social security programs; community and long-term services and support; postsecondary educational programs and services; information sharing with health and human services agencies and providers; guardianship and alternatives to guardianship; self-advocacy, person-directed planning, and self-determination; and contact information for all relevant state agencies.

S.B. 35 requires the transition and employment guide to be produced in an electronic format and posted on the TEA website in a manner that permits the guide to be easily identified and accessed. The bill requires the TEA to update the guide posted on the website at least once every two years.

S.B. 35 requires a school district, beginning on the date the transition and employment guide is available, to post the guide on the district's website if the district maintains a website and to provide written information and, if necessary, assistance to a parent regarding how to access the electronic version of the guide at the first meeting of the student's admission, review, and dismissal committee at which transition is discussed or at the first committee meeting that occurs after the date the guide becomes available, if a student has already had a committee meeting discussing transition. The bill makes its provisions applicable beginning with the 2011-2012 school year, except as otherwise provided.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.