85R13399 KJE-D

By: Zaffirini S.B. No. 2177

A BILL TO BE ENTITLED

AN ACT

relating to transition planning for a public school student enrolled in a special education program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.011, Education Code, is amended to read as follows:

Sec. 29.011. TRANSITION PLANNING. (a) The commissioner shall by rule adopt procedures for compliance with federal requirements relating to transition services for students who are enrolled in special education programs under this subchapter. The procedures must specify the manner in which a student's admission, review, and dismissal committee must consider [,] and appropriately [if appropriate,] address the following issues in the student's individualized education program:

(1) appropriate student involvement in the student's transition to life outside the public school system;

(2) if the student is younger than 18 years of age, appropriate [parental] involvement in the student's transition by the student's parents and other persons invited to participate by:

(A) the student's parents; or

(B) the school district in which the student is enrolled;

(3) if the student is at least 18 years of age, [appropriate parental] involvement in the student's transition and future by the student's parents and other persons, if the parent or other person:

(A) is invited to participate by the student or the school district in which the student is enrolled; or

(B) has the student's consent to participate pursuant to a supported decision-making agreement under Chapter 1357, Estates Code, or a similar agreement;

(4) appropriate [any] postsecondary education options, including preparation for postsecondary-level coursework;

(5) an appropriate [a] functional vocational evaluation;

(6) appropriate employment goals and objectives;

(7) if the student is at least 18 years of age, the availability of age-appropriate instructional environments, including community settings or environments that prepare the student for postsecondary education or training, competitive integrated employment, or independent living, in coordination with the student's transition goals and objectives;

(8) appropriate independent living goals and objectives; [and]

(9) appropriate circumstances for facilitating a referral of [referring] a student or the student's parents to a governmental agency for services or public benefits, including a referral to a governmental agency to place the student on a waiting list for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));

(10) the use and availability of appropriate:

(A) supplementary aids, services, curricula, and other opportunities to assist the student in developing decision-making skills; and

(B) supports and services to foster the student's independence and self-determination, including a supported decision-making agreement under Chapter 1357, Estates Code;

(11) measurable postsecondary goals based on age-appropriate transition assessments related to training, education, employment, and, where appropriate, independent living skills, and any transition services, courses of study, or endorsements under Section 28.025(c-1) necessary to assist the student in achieving those goals; and

(12) coordination with any transition planning or services provided to the student by another state agency, including the Texas Workforce Commission and the Department of Family and Protective Services.

(a-1) A student's admission, review, and dismissal committee shall annually review the issues described by Subsection (a) and, if necessary, update the portions of the student's individualized education program that address those issues.

(a-2) The commissioner shall develop and post on the agency's Internet website a list of services and public benefits for which referral may be appropriate under Subsection (a)(9).

(b) The commissioner shall require each school district or shared services arrangement to designate at least one employee to serve as the district's or shared services arrangement's designee on transition and employment services for students enrolled in special education programs under this subchapter. The commissioner shall develop minimum training guidelines for a district's or shared services arrangement's designee. An individual designated under this subsection must provide information and resources about effective transition planning and services, including each issue described by Subsection (a), and interagency coordination to ensure that local school staff communicate and collaborate with:

(1) students enrolled in special education programs under this subchapter and the parents of those students; and

(2) [as appropriate,] local and regional staff of the:

(A) Health and Human Services Commission;

(B) Texas Workforce Commission [Department of Aging and Disability Services];

(C) [Department of Assistive and Rehabilitative Services;

[(D)] Department of State Health Services; and

(D) [(E)] Department of Family and Protective Services.

(c) The commissioner shall review and, if necessary, update the minimum training guidelines developed under Subsection (b) at least once every four years. In reviewing and updating the guidelines, the commissioner shall solicit input from stakeholders.

SECTION 2. Sections 29.0112(b) and (e), Education Code, are amended to read as follows:

(b) The transition and employment guide must be written in plain language and contain information specific to this state regarding:

(1) transition services;

(2) employment and supported employment services that adhere to the employment-first policy adopted under Section 531.02447, Government Code;

(3) social security programs, including the Ticket to Work Program authorized by the Ticket to Work and Work Incentives Improvement Act of 1999 (Pub. L. No. 106-170);

(4) community and long-term services and support, including the option to place the student on a waiting list with a governmental agency for public benefits available to the student, such as a waiver program established under Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));

(5) postsecondary educational programs and services, including the inventory maintained by the Texas Higher Education Coordinating Board under Section 61.0663;

(6) information sharing with health and human services agencies and providers;

(7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code;

(8) self-advocacy, person-directed planning, and self-determination; [and]

(9) mental health and wellness services;

(10) voting and civic engagement;

(11) financial independence, including information regarding special needs trusts, Medicaid buy-in programs implemented under Section 531.02444, Government Code, and the Texas Achieving a Better Life Experience (ABLE) Program under Subchapter J, Chapter 54 of this code; and

(12) contact information for all relevant state agencies.

(e) A school district shall:

(1) post the transition and employment guide on the district's website if the district maintains a website; [and]

(2) provide written information and, if necessary, assistance to a student or parent regarding how to access the electronic version of the guide at:

(A) the first meeting of the student's admission, review, and dismissal committee at which transition is discussed; and [or]

(B) the first committee meeting at which transition is discussed that occurs after the date on which the guide is updated; and

(3) on request, provide a printed copy of the guide to a student or parent [becomes available, if a student has already had an admission, review, and dismissal committee meeting discussing transition].

SECTION 3. Subchapter A, Chapter 29, Education Code, is amended by adding Sections 29.0113 and 29.0114 to read as follows:

Sec. 29.0113. COORDINATION OF PRE-EMPLOYMENT TRANSITION SERVICES. (a) The agency and the Texas Workforce Commission shall enter into a memorandum of understanding regarding the coordination of pre-employment transition services provided to students with disabilities in accordance with Section 113, Rehabilitation Act of 1973 (29 U.S.C. Section 733).

(b) The agency and the Texas Workforce Commission shall review and, if necessary, update the memorandum of understanding under Subsection (a) at least once every five years.

Sec. 29.0114. SUBMINIMUM WAGE EMPLOYMENT FOR STUDENTS WITH DISABILITIES. The commissioner shall adopt rules that comply with:

(1) the requirements under 34 C.F.R. Section 397.30 relating to subminimum wage employment for students with disabilities; and

(2) the prohibition under 34 C.F.R. Section 397.31 on contractual or other arrangements to provide subminimum wage employment for students with disabilities.

SECTION 4. Section 29.017, Education Code, is amended by amending Subsections (c) and (d) and adding Subsections (c-1), (c-2), (c-3), (e), and (f) to read as follows:

(c) Not later than one year before the 18th birthday of a student with a disability, the school district at which the student is enrolled shall:

(1) provide to the student and the student's parents:

(A) written notice regarding the transfer of rights under this section; and

(B) information and resources regarding guardianship, alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code, and other supports and services that may enable the student to live independently; and

(2) ensure that the student's individualized education program includes a statement that the district provided the notice, information, and resources required under Subdivision (1).

(c-1) In accordance with 34 C.F.R. Section 300.520 [300.517], the school district shall provide written notice to [notify] the student and the student's parents of the transfer of rights under this section. The notice must include the information and resources provided under Subsection (c)(1)(B).

(c-2) If a student with a disability or the student's parent requests information regarding guardianship or alternatives to guardianship from the school district at which the student is enrolled, the school district shall provide to the student or parent information and resources on supported decision-making agreements under Chapter 1357, Estates Code.

(c-3) The commissioner shall develop and post on the agency's Internet website a model form for use by school districts in notifying students and parents as required by Subsections (c) and (c-1). The form must include the information and resources described by Subsection (c). The commissioner shall review and update the form, including the information and resources, as necessary.

(d) The commissioner shall develop and post on the agency's Internet website the information and resources described by Subsections (c), (c-1), and (c-2).

(e) Nothing in this section prohibits a student from entering into a supported decision-making agreement under Chapter 1357, Estates Code, after the transfer of rights under this section.

(f) The commissioner shall adopt rules implementing the provisions of 34 C.F.R. Section 300.520(b) [300.517(b)].

SECTION 5. This Act applies beginning with the 2017-2018 school year.

SECTION 6. 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, 2017.