By: Watson S.B. No. 1328

(In the Senate - Filed March 9, 2011; March 22, 2011, read first time and referred to Committee on Education; April 26, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 8, Nays 0; April 26, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 1328 By: Gallegos

A BILL TO BE ENTITLED

AN ACT

relating to optional dispute resolution methods regarding educational services for students with a disability, including individualized education program facilitation.

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. (a) The agency and each school district shall 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. The information:

(1) must be included with other information provided to the parent of a student with a disability; and

(2) may be provided in a written or electronic format.

(b) Information provided by the agency under this section must indicate that individualized education program facilitation is an optional dispute resolution method that some districts may choose to provide on a voluntary basis.

(c) If a school district chooses to offer individualized education program facilitation as an optional dispute resolution method:

(1) the district may determine whether to offer facilitation through an independent facilitator, through a district employee serving as a facilitator, or through a combination of those methods;

(2) the information provided by the district under this section must include a description of any applicable procedures for requesting the facilitation; and

(3) the facilitation must be provided at no cost to a parent.

(d) The use or availability of an optional dispute resolution method, including individualized education program facilitation, may not in any manner be used to deny or delay the right to pursue a special education complaint, mediation, or due process hearing in accordance with federal law.

(e) The commissioner shall adopt rules necessary to implement this section.

Sec. 29.020. INDEPENDENT INDIVIDUALIZED EDUCATION PROGRAM FACILITATION. (a) The agency shall develop criteria and procedures in accordance with this section applicable to independent individualized education program facilitation provided by the agency or a school district or regional education service center. If the agency or a school district or regional education service center chooses to provide independent individualized education program facilitation, the facilitation must comply with the criteria and procedures developed under this section.

(b) The criteria and procedures must include:

(1) a definition of independent individualized education program facilitation;

(2) forms for implementing independent individualized education program facilitation;

(3) training requirements for independent facilitators; and

(4) an evaluation process through which information may be collected regarding the implementation and effectiveness of independent individualized education program facilitation provided by the agency or a school district or regional education service center.

(c) If the commissioner determines that adequate funding is available, the commissioner may authorize the use of state or federal funds to assist school districts and regional education service centers in providing independent individualized education program facilitation.

(d) Each regional education service center shall maintain a list of independent facilitators who meet the criteria described by Subsection (b)(3) and make the list available to school districts and parents who choose to use independent individualized education program facilitation.

(e) The commissioner shall adopt rules necessary to implement this section.

SECTION 2. Not later than January 1, 2013, the Texas Education Agency shall submit a report to the legislature regarding the implementation and effectiveness of individualized education program facilitation, including facilitation provided by an independent facilitator and facilitation provided by a school district employee acting as a facilitator.

SECTION 3. This Act applies beginning with the 2011-2012 school year.

SECTION 4. 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.

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