| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to provisional special education funding for certain |
|
|
students in public schools. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subchapter A, Chapter 29, Education Code, is |
|
|
amended by adding Section 29.0121 to read as follows: |
|
|
Sec. 29.0121. PROVISIONAL SPECIAL EDUCATION FUNDING FOR |
|
|
CERTAIN STUDENTS. (a) This section applies to a student: |
|
|
(1) residing in a residential placement facility, |
|
|
including a detention facility, substance abuse treatment |
|
|
facility, emergency shelter, psychiatric hospital, halfway house, |
|
|
or foster group home; or |
|
|
(2) for whom the Department of Family and Protective |
|
|
Services has been appointed temporary or permanent conservator. |
|
|
(b) Pending determination of the student's eligibility for |
|
|
special education services, a school district or open-enrollment |
|
|
charter school in which a student to whom this section applies is |
|
|
enrolled is entitled to funding for that student under Section |
|
|
42.151 as a student in a mainstream instructional arrangement, |
|
|
regardless of whether the student is enrolled in a special |
|
|
education program under this subchapter. |
|
|
(c) Provisional funding under this section ends on the date |
|
|
that a determination is made regarding the student's eligibility |
|
|
for special education services. A school district or |
|
|
open-enrollment charter school is not required to return |
|
|
provisional funding received under this section if the student is |
|
|
determined to be ineligible for special education services. |
|
|
SECTION 2. This Act applies beginning with the 2015-2016 |
|
|
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, 2015. |