83R11346 KKA-F
 
  By: Allen H.B. No. 2057
 
  Substitute the following for H.B. No. 2057:
 
  By:  King of Hemphill C.S.H.B. No. 2057
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to alternative dispute resolution methods regarding
  educational services for students with disabilities, 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.  INDIVIDUALIZED EDUCATION PROGRAM
  FACILITATION.  (a)  The agency shall provide information to parents
  regarding individualized education program facilitation as an
  alternative dispute resolution method that may be used to avoid a
  potential dispute between a school district and a parent of a
  student with a disability. A district that chooses to use
  individualized education program facilitation shall provide
  information to parents regarding individualized education program
  facilitation.  The information:
               (1)  must be included with other information provided
  to the parent of a student with a disability, although it may be
  provided as a separate document; 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 alternative dispute resolution method that some districts may
  choose to provide.
         (c)  If a school district chooses to offer individualized
  education program facilitation as an alternative dispute
  resolution method:
               (1)  the district may determine whether to use
  independent contractors, district employees, or other qualified
  individuals as facilitators;
               (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 of any alternative dispute resolution method,
  including individualized education program facilitation, must be
  voluntary on the part of the participants, and the use or
  availability of any such method 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)  Nothing in this section prohibits a school district from
  using individualized education program facilitation as the
  district's preferred method of conducting initial and annual
  admission, review, and dismissal committee meetings.
         (f)  The commissioner shall adopt rules necessary to
  implement this section.
         Sec. 29.020.  INDIVIDUALIZED EDUCATION PROGRAM FACILITATION
  PROJECT. (a) The agency shall develop rules in accordance with
  this section applicable to the administration of a state
  individualized education program facilitation project. The
  program shall include the provision of an independent
  individualized education program facilitator to facilitate an
  admission, review, and dismissal committee meeting with parties who
  are in a dispute about decisions relating to the provision of a free
  appropriate public education to a student with a disability.
  Facilitation implemented under the project must comply with rules
  developed under this subsection.
         (b)  The rules must include:
               (1)  a definition of independent individualized
  education program facilitation;
               (2)  forms and procedures for requesting, conducting,
  and evaluating independent individualized education program
  facilitation;
               (3)  training, knowledge, experience, and performance
  requirements for independent facilitators; and
               (4)  conditions required to be met in order for the
  agency to provide individualized education program facilitation at
  no cost to the parties.
         (c)  If the commissioner determines that adequate funding is
  available, the commissioner may authorize the use of federal funds
  to implement the individualized education program facilitation
  project in accordance with this section.
         (d)  The commissioner shall adopt rules necessary to
  implement this section.
         SECTION 2.  This Act applies beginning with the 2014-2015
  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, 2013.