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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures regarding a dispute relating to |
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special education services provided by a school district or |
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open-enrollment charter school. |
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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 29.0043 to read as follows: |
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Sec. 29.0043. DISPUTE REGARDING REFERRAL FOR EVALUATION. |
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If a parent of a student who is eligible for or who is suspected as |
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being eligible for special education services disputes a school |
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district's or open-enrollment charter school's referral of the |
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student for evaluation under Section 29.004, the district or school |
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may provide to the parent a facilitated meeting with a school |
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counselor regarding the potential advantages, disadvantages, |
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benefits, and concerns of accepting or declining the evaluation on |
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behalf of the student. |
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SECTION 2. Section 29.019(c), Education Code, is amended to |
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read as follows: |
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(c) If a school district chooses to offer individualized |
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education program facilitation as an alternative dispute |
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resolution method: |
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(1) the district may determine whether to use |
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independent contractors, district employees, or other qualified |
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individuals as facilitators; |
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(2) the information provided by the district under |
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this section must include a description of any applicable |
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procedures for requesting the facilitation; [and] |
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(3) the facilitation must be provided at no cost to a |
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parent; and |
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(4) a parent may request the facilitation not later |
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than the ninth calendar day following the date on which the dispute |
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arose. |
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SECTION 3. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 4. 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. |