82R20737 CAE-F

By: Rodriguez H.B. No. 357

Substitute the following for H.B. No. 357:

By: Dutton C.S.H.B. No. 357

A BILL TO BE ENTITLED

AN ACT

relating to transition and employment services for public school students enrolled in special education programs.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.011, Education Code, is amended to read as follows:

Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must:

(1) provide that appropriate state transition planning begins for a student not later than when the student reaches 14 years of age; and

(2) specify the manner in which a student's admission, review, and dismissal committee must consider, and if appropriate, address the following issues in the student's individualized education program:

(A) [(1)] appropriate student involvement in the student's transition to life outside the public school system;

(B) [(2)] if the student is younger than 18 years of age, appropriate parental involvement in the student's transition;

(C) [(3)] if the student is at least 18 years of age, appropriate parental involvement in the student's transition, if the parent is invited to participate by the student or the school district in which the student is enrolled;

(D) [(4)] any postsecondary education options;

(E) [(5)] a functional vocational evaluation;

(F) [(6)] employment goals and objectives;

(G) [(7)] if the student is at least 18 years of age, the availability of age-appropriate instructional environments;

(H) [(8)] independent living goals and objectives; and

(I) [(9)] appropriate circumstances for referring a student or the student's parents to a governmental agency for services.

(b) The commissioner shall 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 under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services and interagency coordination to ensure that local school staff communicate and collaborate with:

(1) students enrolled in special education programs under this subchapter and the parents of those students; and

(2) as appropriate, local and regional staff of the:

(A) Health and Human Services Commission;

(B) Department of Aging and Disability Services;

(C) Department of Assistive and Rehabilitative Services;

(D) Department of State Health Services; and

(E) Department of Family and Protective Services.

SECTION 2. Subchapter A, Chapter 29, Education Code, is amended by adding Section 29.0111 to read as follows:

Sec. 29.0111. TRANSITION AND EMPLOYMENT GUIDE. (a) The agency, with assistance from the Health and Human Services Commission, shall 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. The agency may contract with a private entity to prepare the guide.

(b) The transition and employment guide must contain information specific to this state regarding:

(1) transition services;

(2) employment and supported employment services;

(3) social security programs;

(4) community and long-term services and support;

(5) postsecondary educational programs and services;

(6) information sharing with health and human services agencies and providers;

(7) guardianship and alternatives to guardianship;

(8) self-advocacy, person-directed planning, and self-determination; and

(9) contact information for all relevant state agencies.

(c) The transition and employment guide must be produced in an electronic format and posted on the agency's website in a manner that permits the guide to be easily identified and accessed.

(d) The agency must update the transition and employment guide posted on the agency's website at least once every two years.

(e) A school district shall:

(1) post the transition and employment guide on the district's website if the district maintains a website; and

(2) provide written information and, if necessary, assistance to a parent regarding how to access the electronic version of the guide at:

(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; or

(B) the first committee meeting that occurs after the date the guide becomes available, if a student has already had an admission, review, and dismissal committee meeting discussing transition.

SECTION 3. The Texas Education Agency, with assistance from the Health and Human Services Commission, shall complete development of the guide required by Section 29.0111, Education Code, as added by this Act, not later than September 1, 2012. A school district shall comply with Section 29.0111(e), Education Code, as added by this Act, beginning on the date the guide is available.

SECTION 4. Except as otherwise provided by this Act, this Act applies beginning with the 2011-2012 school year.

SECTION 5. 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, 2011.