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A BILL TO BE ENTITLED
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AN ACT
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relating to parental rights and information regarding certain |
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intervention strategies used with public school students. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 12.104(b), Education Code, is amended to |
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read as follows: |
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(b) An open-enrollment charter school is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) reading instruments and accelerated reading |
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instruction programs under Section 28.006; |
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(D) accelerated instruction under Section |
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28.0211; |
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(E) high school graduation requirements under |
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Section 28.025; |
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(F) special education programs under Subchapter |
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A, Chapter 29; |
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(G) bilingual education under Subchapter B, |
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Chapter 29; |
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(H) prekindergarten programs under Subchapter E |
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or E-1, Chapter 29; |
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(I) extracurricular activities under Section |
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33.081; |
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(J) discipline management practices or behavior |
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management techniques under Section 37.0021; |
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(K) health and safety under Chapter 38; |
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(L) public school accountability under |
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Subchapters B, C, D, E, F, G, and J, Chapter 39; |
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(M) the requirement under Section 21.006 to |
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report an educator's misconduct; |
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(N) intensive programs of instruction under |
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Section 28.0213; [and] |
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(O) the right of a school employee to report a |
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crime, as provided by Section 37.148; and |
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(P) a parent's right to information regarding the |
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provision of assistance for learning difficulties to the parent's |
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child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d). |
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SECTION 2. Section 26.004, Education Code, is amended to |
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read as follows: |
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Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) In this |
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section, "intervention strategy" means a strategy in a multi-tiered |
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system of supports that is above the level of intervention |
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generally used in that system with all children. The term includes |
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response to intervention and other early intervening strategies. |
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(b) A parent is entitled to access to all written records of |
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a school district concerning the parent's child, including: |
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(1) attendance records; |
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(2) test scores; |
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(3) grades; |
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(4) disciplinary records; |
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(5) counseling records; |
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(6) psychological records; |
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(7) applications for admission; |
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(8) health and immunization information; |
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(9) teacher and school counselor evaluations; [and] |
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(10) reports of behavioral patterns; and |
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(11) records relating to assistance provided for |
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learning difficulties, including information collected regarding |
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any intervention strategies used with the child. |
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SECTION 3. Section 26.0081, Education Code, is amended by |
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amending Subsection (c) and adding Subsections (d) and (e) to read |
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as follows: |
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(c) The agency shall produce and provide to school districts |
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a written explanation of the options and requirements for providing |
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assistance to students who have learning difficulties or who need |
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or may need special education. The explanation must state that a |
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parent is entitled at any time to request an evaluation of the |
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parent's child for special education services under Section 29.004 |
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or for aids, accommodations, or services under Section 504, |
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Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school |
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year, each district shall provide the written explanation to a |
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parent of each district student by including the explanation in the |
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student handbook or by another means. |
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(d) Each school year, each school district shall notify a |
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parent of each child, other than a child enrolled in a special |
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education program under Subchapter A, Chapter 29, who receives |
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assistance from the district for learning difficulties, including |
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through the use of intervention strategies, as that term is defined |
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by Section 26.004, that the district provides that assistance to |
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the child. The notice must: |
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(1) be written in English or, to the extent |
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practicable, the parent's native language; and |
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(2) include: |
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(A) a reasonable description of the assistance |
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that may be provided to the child, including any intervention |
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strategies that may be used; |
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(B) information collected regarding any |
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intervention in the base tier of a multi-tiered system of supports |
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that has previously been used with the child; |
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(C) an estimate of the duration for which the |
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assistance, including through the use of intervention strategies, |
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will be provided; |
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(D) the estimated time frames within which a |
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report on the child's progress with the assistance, including any |
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intervention strategies used, will be provided to the parent; and |
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(E) a copy of the explanation provided under |
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Subsection (c). |
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(e) The notice required under Subsection (d) may be provided |
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to a child's parent at a meeting of the team established for the |
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child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794), if applicable. |
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SECTION 4. Section 42.006, Education Code, is amended by |
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adding Subsections (a-3) and (a-4) to read as follows: |
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(a-3) The commissioner by rule shall require each school |
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district and open-enrollment charter school to annually report |
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through the Public Education Information Management System |
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information regarding the total number of students, other than |
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students described by Subsection (a-4), enrolled in the district or |
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school with whom the district or school, as applicable, used |
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intervention strategies, as that term is defined by Section 26.004, |
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at any time during the year for which the report is made. The agency |
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shall maintain the information provided in accordance with this |
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subsection. |
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(a-4) The commissioner by rule shall require each school |
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district and open-enrollment charter school to annually report |
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through the Public Education Information Management System |
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information regarding the total number of students enrolled in the |
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district or school to whom the district or school provided aids, |
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accommodations, or services under Section 504, Rehabilitation Act |
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of 1973 (29 U.S.C. Section 794), at any time during the year for |
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which the report is made. The agency shall maintain the information |
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provided in accordance with this subsection. |
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SECTION 5. This Act applies beginning with the 2017-2018 |
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school year. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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