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A BILL TO BE ENTITLED
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AN ACT
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relating to payments to school districts for certain special |
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education evaluations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0042 to read as follows: |
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Sec. 29.0042. PAYMENTS FOR FULL INDIVIDUAL AND INITIAL |
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EVALUATIONS. (a) Each school year from funds available to the |
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agency for the purpose, a school district is entitled to receive a |
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$1,000 payment for each full individual and initial evaluation the |
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district conducts under Section 29.004 during that school year. |
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Payments authorized under this section are in addition to other |
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funding the district receives through other provisions of this |
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code, including the allotment provided under Section 42.152. |
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(b) To receive payment under this section for a school year, |
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a school district must submit to the commissioner on or before a |
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date established by commissioner rule: |
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(1) a list that identifies each evaluation conducted |
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by the district under Section 29.004 for the year; and |
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(2) documentation sufficient to verify each |
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evaluation for which the district requests a payment. |
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(c) The commissioner shall approve an evaluation for |
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payment under this section if the commissioner determines a school |
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district's documentation submitted under Subsection (b) for the |
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evaluation is sufficient. |
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(d) If the funds available for a school year are not |
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sufficient to make a full $1,000 payment for each evaluation |
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approved for payment for that year, the commissioner shall reduce |
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the payment amount provided for each evaluation approved |
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proportionately to an amount equal to the total amount of funds |
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available for payments under this section divided by the total |
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number of evaluations approved. |
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(e) The commissioner shall adopt rules as necessary to |
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implement this section, including rules: |
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(1) to provide guidance for submitting a request for |
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payment, including submitting documentation for verification of an |
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evaluation under Subsection (b); and |
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(2) to ensure this section complies with federal law |
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regarding confidentiality of student medical or educational |
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information, including the Health Insurance Portability and |
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Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g), and any state law relating to the privacy of student |
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information. |
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SECTION 2. (a) This Act applies beginning with the |
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2019-2020 school year. |
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(b) As soon as practicable after the effective date of this |
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Act, the commissioner of education shall adopt rules necessary to |
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implement Section 29.0042, Education Code, as added by this Act. |
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SECTION 3. 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, 2019. |