82R1266 KKA-F
 
  By: Watson S.B. No. 1328
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to optional dispute resolution methods for school
  districts and parents of students seeking or receiving special
  education services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Sections 29.019 and 29.020 to read as follows:
         Sec. 29.019.  OPTIONAL DISPUTE RESOLUTION METHODS. (a) A
  school district shall make available and provide information to
  parents regarding optional dispute resolution methods that may be
  used when a dispute arises between the district and a parent of a
  student with a disability regarding:
               (1)  identification of the student as a student
  entitled to special education services;
               (2)  evaluation or educational placement of the
  student; or
               (3)  the provision of a free appropriate public
  education to the student.
         (b)  A school district's optional dispute resolution
  methods:
               (1)  must include:
                     (A)  requesting mediation through the agency in
  accordance with 20 U.S.C. Section 1415(e) and 34 C.F.R. Section
  300.506;
                     (B)  requesting independent individualized
  education program facilitation, as described by Section 29.020, if
  the district is included within the boundaries of a regional
  education service center participating in the pilot program
  implemented under that section; and
                     (C)  filing a complaint with the agency in
  accordance with 34 C.F.R. Section 300.153; and
               (2)  may include:
                     (A)  convening a meeting of a student's admission,
  review, and dismissal committee;
                     (B)  meeting with a student's teachers;
                     (C)  meeting with one or more of the following:
                           (i)  a campus administrator;
                           (ii)  the district special education
  director or the director of a shared services arrangement under
  Section 29.007 to which the district is a party;
                           (iii)  the district superintendent; or
                           (iv)  the board of trustees of the district;
  and
                     (D)  requesting individualized education program
  facilitation similar to the facilitation provided under the pilot
  program implemented under Section 29.020, except that facilitation
  may be provided by either an independent facilitator or a district
  employee serving as the facilitator.
         (c)  The use of an optional dispute resolution method made
  available under this section and the availability of those methods
  may not in any manner be used to deny or delay the right to a special
  education due process hearing in accordance with federal law.
         (d)  Notwithstanding Subsection (c), on the filing of a
  request for a special education due process hearing in accordance
  with federal law, the school district and the parent shall be
  provided with the opportunity to attempt to resolve the dispute
  between the district and the parent through the agency's mediation
  process, provided that both the school district and the parent
  agree to participate in the mediation.
         (e)  If a school district and a parent participate in
  mediation under this section:
               (1)  the fact that the mediation occurred is not
  admissible into evidence in any subsequent proceeding involving the
  subject matter of the mediation;
               (2)  the mediator may not be subpoenaed to testify
  regarding the subject matter of the mediation at any subsequent
  special education due process hearing or civil action arising under
  federal special education law; and
               (3)  the school district and parent are not entitled to
  access to any records created by the mediator in connection with the
  mediation.
         (f)  Unless specifically provided otherwise by federal or
  other state law, the participation of an individualized education
  program facilitator in the development of a student's
  individualized education program does not violate confidentiality
  provisions under federal or state law.
         (g)  If a school district chooses to offer individualized
  education program facilitation under Subsection (b)(2)(D), the
  facilitation must be provided at no cost to a parent.
         (h)  The commissioner shall adopt rules necessary to
  implement this section.
         Sec. 29.020.  PILOT PROGRAM FOR INDEPENDENT INDIVIDUALIZED
  EDUCATION PROGRAM FACILITATION. (a)  The agency shall develop an
  independent individualized education program facilitation process
  as a method of alternative dispute resolution.
         (b)  The agency shall implement the process developed under
  Subsection (a) on a pilot program basis within the boundaries of
  three regional education service centers selected by the
  commissioner for that purpose.  Not more than 500 facilitations may
  be conducted under the pilot program.
         (c)  Notwithstanding Subsection (b), if the commissioner
  determines that adequate funding is available, the commissioner may
  authorize:
               (1)  the expansion of the pilot program to additional
  areas; or
               (2)  a greater number of facilitations than the limit
  specified under that subsection.
         (d)  The commissioner shall select the participating
  regional education service centers based on criteria established by
  the commissioner. The selection criteria must include criteria
  relating to:
               (1)  the geographic location of a center;
               (2)  student enrollment within the boundaries of a
  center;
               (3)  the number of formal complaints regarding special
  education issues filed by persons within the boundaries of a
  center; and
               (4)  the number of mediations and special education due
  process hearings requested by persons within the boundaries of a
  center.
         (e)  The facilitation process may be used when a school
  district located within the boundaries of a participating regional
  education service center and the parents of a student with a
  disability agree on the value of involving an impartial facilitator
  in the procedures used to develop the student's individualized
  education program.
         (f)  The role of a facilitator under the facilitation process
  developed under this section is to assist in creating an atmosphere
  for fair communication and the successful development of a
  student's individualized education program.
         (g)  Each participating regional education service center
  shall develop a network of impartial facilitators to be made
  available on request to school districts and parents that choose to
  use the facilitation process developed under this section.
  Facilitators must be provided at no cost to a school district or
  parent.
         (h)  The commissioner shall adopt rules necessary to
  implement this section.
         (i)  Not later than January 1, 2013, the agency shall submit
  a report to the legislature regarding the implementation and
  effectiveness of the pilot program. This subsection expires
  September 1, 2013.
         SECTION 2.  This Act applies beginning with the 2011-2012
  school year.
         SECTION 3.  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.