|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to a contracted services program for certain students with |
|
pervasive developmental disorder or intellectual disability. |
|
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. Contracted Services 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) "Pervasive developmental disorder" includes, as |
|
defined by the most recent edition of the Diagnostic and |
|
Statistical Manual of Mental Disorders: |
|
(A) Autistic disorder; |
|
(B) Asperger's disorder; |
|
(C) Pervasive developmental disorder not |
|
otherwise specified; |
|
(D) Rett's disorder; and |
|
(E) Childhood disintegrative disorder. |
|
(3) "Program" means the contracted services program |
|
for eligible students described by this subchapter. |
|
(4) "Qualifying institution": |
|
(A) means a nongovernmental community-based |
|
educational, medical, or therapeutic establishment that: |
|
(i) provides for the educational, medical, |
|
or therapeutic needs of students with pervasive developmental |
|
disorder or intellectual disability; and |
|
(ii) is selected for participation in the |
|
program, as provided by Section 29.404; and |
|
(B) does not include a school that provides |
|
education in a home setting or that limits enrollment to relatives |
|
of the school's staff. |
|
Sec. 29.402. PROGRAM. An eligible student under Section |
|
29.403 may, at the option of the student's parent: |
|
(1) attend any public school in the district in which |
|
the student resides; |
|
(2) attend a public school in a district other than the |
|
district in which the student resides, pursuant to Section 25.001, |
|
Education Code; or |
|
(3) access contracted services as provided by Section |
|
29.405 through a qualifying institution. |
|
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, Education Code to |
|
participate in a school district's special education program; and |
|
(2) the student has been diagnosed with pervasive |
|
developmental disorder or as having an intellectual disability. |
|
(b) Each school year, a school district or open-enrollment |
|
charter school 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 |
|
(c) A student who establishes eligibility under this |
|
section may continue participating in the program until the earlier |
|
of the date the student graduates from high school or the student's |
|
22nd birthday. |
|
(d) A student establishes eligibility to participate in a |
|
school district's special education program in the manner provided |
|
by Subchapter A, Chapter 29, Education Code. If a student who has |
|
not previously been identified as eligible to receive special |
|
education services under Subchapter A, Chapter 29, Education Code, |
|
and who attends a qualifying institution wishes to establish |
|
eligibility to participate in the program, the qualifying |
|
institution and school district in which the student resides shall |
|
jointly determine whether the student would be eligible to receive |
|
special education services if the student were enrolled in the |
|
district. |
|
(e) A student is not required to attend a public school for |
|
any period of time in order to establish eligibility to participate |
|
in the program. |
|
(f) For a student who attends a qualifying institution under |
|
this subchapter, the school district in which the student resides, |
|
the qualifying institution, and the student's parent shall |
|
biannually review: |
|
(1) the continued presence of the student's original |
|
diagnosis; and |
|
(2) the student's continued eligibility for |
|
participation in the program. |
|
Sec. 29.404. FINANCING OF SERVICES PROVIDED BY QUALIFYING |
|
INSTITUTION. (a) Except as otherwise provided by this section, for |
|
a student who attends a qualifying institution under this |
|
subchapter, a qualifying institution is entitled to an annual |
|
amount of funding that is equal to the amount the institution would |
|
receive for a student if the institution were an open-enrollment |
|
charter school, as calculated under Sections 12.106(a)(2) and |
|
(a-1), Education Code, less any amount to which the State |
|
determines is necessary to meet the costs of administration, |
|
oversight, and other elements of program development and |
|
implementation. |
|
(b) A student's program funding under this section may not |
|
be financed by: |
|
(1) money appropriated from the available school fund; |
|
or, |
|
(2) federal funds. |
|
(c) The agency shall directly distribute the funding to the |
|
qualifying institution. Qualifying institutions shall be |
|
determined through a Request for Qualifications (RFQ) process |
|
established by the Agency, in collaboration with the Department of |
|
Assistive and Rehabilitative Services (DARS), subject to public |
|
comment as to the criteria and standards to be used to establish |
|
qualification. The agency and DARS shall have equal input in the RFQ |
|
process and selection of qualifying institutions. |
|
(d) For an eligible student to participate in the program, |
|
the parent of the student must apply to the agency on behalf of the |
|
student. The application must specify the qualifying institution |
|
the student plans to attend and demonstrate that the student has |
|
been accepted for admission by that institution. 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 29.412. 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. A |
|
parent may apply on behalf of the student to participate in the |
|
program at any time. |
|
(e) The agency shall direct the distribution of funds to the |
|
qualifying institution the student attends after services have been |
|
provided. The agency shall require that the qualifying institution |
|
submit documentation of the student's attendance before the agency |
|
directs funds to the qualifying institution. The qualifying |
|
institution shall submit the documentation to the agency on a |
|
monthly basis and the agency shall direct the distribution of funds |
|
to the qualifying institution not later than the 30th day after |
|
receiving the documentation. |
|
(f) The student's program funding is the entitlement of the |
|
student, under the supervision of the student's parent, and not |
|
that of any institution. |
|
(g) A qualifying institution 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. |
|
Sec. 29.405. PARTICIPATION BY QUALIFYING INSTITUTIONS. (a) |
|
To participate in the program, a qualifying institution must: |
|
(1) either: |
|
(A) be accredited by an accrediting association |
|
recognized by the commissioner to accredit nongovernmental schools |
|
in this state; |
|
(B) have filed an application for accreditation |
|
by an accrediting association described by Paragraph (A) that has |
|
not been withdrawn, denied, or left pending for more than eighteen |
|
months; or, |
|
(C) recognized as an institution under the |
|
Department of Assistive and Rehabilitative Services that provides |
|
medical and therapeutic services for disorders listed in Section |
|
29.401(2) of this subchapter. |
|
(i) The Department of Assistive and |
|
Rehabilitative Services has the rulemaking authority to create |
|
rules regarding Section 29.405(a)(1)(C). |
|
(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 school is located. |
|
(b) A qualifying institution 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. |
|
(c) A nongovernmental community-based educational |
|
establishment that provides for the educational needs of students |
|
with pervasive developmental disorder or intellectual disability |
|
may apply to the agency to participate in the program as a |
|
qualifying institution. The agency, in consultation with the |
|
Department of Assistive and Rehabilitative Services, shall create |
|
and maintain a list of qualifying institutions and ensure the list |
|
is available to the public. |
|
Sec. 29.406. ADMISSIONS. (a) A qualifying institution |
|
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, religion, creed, 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 |
|
institution that has more qualified program applicants for |
|
attendance under this subchapter than available positions must fill |
|
the available program positions by a random selection process. To |
|
achieve continuity in education or services, an institution 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 institution may submit a written request |
|
for student records from the public school previously attended by |
|
an eligible student, if applicable. Not later than the 10th working |
|
day after the date the public school receives the request, the |
|
public school shall deliver to the qualifying institution 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. ACADEMIC ACCOUNTABILITY. (a) Each school |
|
year, a qualifying institution shall establish academic goals for |
|
each eligible student enrolled in the school. The goals must be |
|
developed in a manner similar to an individualized education |
|
program developed under Section 29.005, Education Code. At regular |
|
intervals not less than three times each academic year, the school |
|
shall provide a report to the student's parent describing the |
|
student's progress toward achieving the academic goals developed |
|
for the student under this subsection. |
|
(b) Each qualifying institution that enrolls a student |
|
under this subchapter shall, each spring, administer an assessment |
|
instrument to the student in order to assess the student's academic |
|
progress. The assessment instrument administered by the |
|
institution may be an assessment instrument adopted under |
|
Subchapter B, Chapter 39, Education Code. |
|
(c) The institution shall provide: |
|
(1) the student's results on assessment instruments |
|
administered under Subsection (b) to the student's parent; and |
|
(2) the aggregated results of any assessment |
|
instruments administered under Subsection (b) to the public. |
|
Sec. 29.408. FINANCIAL SOLVENCY. The commissioner may |
|
adopt rules requiring a qualifying institution that accepts funding |
|
under this subchapter to demonstrate financial solvency. |
|
Sec. 29.409. QUALIFYING INSTITUTION AUTONOMY. (a) A |
|
qualifying institution 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 institution that accepts funding under this subchapter. |
|
(c) A qualifying institution that accepts funding under |
|
this subchapter is not required to implement an individualized |
|
education program developed for the student under Section 29.005, |
|
Education Code. The student's parent and the qualifying |
|
institution are responsible for determining the services and |
|
educational program to be provided to the student. |
|
Sec. 29.410. RESPONSIBILITIES OF PARENT AND STUDENT. (a) |
|
It is the responsibility of the parent of an eligible student to: |
|
(1) locate and select a qualifying institution; |
|
(2) apply for admission to the qualifying institution; |
|
and |
|
(3) apply in the manner provided under Section 29.406 |
|
for participation in the program. |
|
(b) A student participating in the program must comply with |
|
the student code of conduct of the qualifying institution the |
|
student attends. A student must attend the qualifying institution |
|
each school day unless the student is excused by the school for |
|
illness or other good cause. |
|
Sec. 29.411. TRANSFER. (a) An eligible student |
|
participating in the program may transfer to a public school or |
|
another qualifying institution in the manner authorized by |
|
commissioner rule. If a student transfers to another school 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 institutions or the qualifying |
|
institution and the school district, as applicable, according to |
|
the length of the student's attendance at each school. |
|
(b) The commissioner may adopt rules regarding the |
|
frequency with which a parent may transfer an eligible student from |
|
a qualifying institution to another qualifying institution or to a |
|
public school. |
|
Sec. 29.412. 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 institutions; |
|
(2) application and approval procedures for |
|
qualifying institution and student participation in the program, |
|
including timelines for the application and approval procedures; |
|
and |
|
(3) student transfers under Section 29.411. |
|
(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. 29.413. PROGRAM COMPLIANCE. (a) The agency shall |
|
enforce this subchapter and any rule adopted under this subchapter |
|
and may withhold funds from any district or qualifying institution |
|
that violates this subchapter or a rule adopted under this |
|
subchapter. Agency decisions are final and may not be appealed. |
|
(1) Participation in the program does not create a |
|
property right for either the parents or the participating |
|
institution. |
|
(b) The commissioner may revoke a qualifying institution's |
|
permission to participate in the program if the commissioner |
|
determines that the institution: |
|
(1) has not met the requirements provided by this |
|
subchapter; |
|
(2) has willfully 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 institution. |
|
(c) If the commissioner revokes a qualifying institution's |
|
permission to participate in the program under Subsection (b), the |
|
agency shall immediately notify the public through the agency's |
|
website of the revocation. |
|
Sec. 29.414. LIABILITY. The agency is not civilly liable |
|
for any action arising as the result of a student's participation in |
|
the program. |
|
Sec. 29.415. EVALUATION OF PROGRAM. (a) The commissioner |
|
may designate, subject to available financial resources, 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 institutions and public schools and |
|
may include consideration of: |
|
(1) student satisfaction; |
|
(2) parent satisfaction; |
|
(3) behavioral problems of program students attending |
|
qualifying institutions 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 |
|
29.407(b); |
|
(7) factors resulting in more than 25 percent of |
|
eligible students in a school district attending a different school |
|
district or a qualifying institution under this subchapter; and |
|
(8) the practices of a qualifying institution 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, 2014, the commissioner shall |
|
submit to each member of the legislature a copy of any evaluation |
|
conducted under this section. |
|
(e) School districts and qualifying institutions 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 subject to available financial resources. |
|
Sec. 29.416. APPLICATION OF SUNSET ACT. (a) The contracted |
|
services 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, 2017. |
|
(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 subject to available financial |
|
resources. |
|
SECTION 2. (a) The Texas Education Agency shall make the |
|
contracted services program under Subchapter K, Chapter 29, |
|
Education Code, as added by this Act, available for participation |
|
beginning with the 2012-2013 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, 2011. |