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A BILL TO BE ENTITLED
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AN ACT
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relating to an individualized education program and transition |
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planning for a public school student enrolled in a special |
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education program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 29.005(b-1) and (e), Education Code, |
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are amended to read as follows: |
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(b-1) The written statement of the individualized education |
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program must document the decisions of the committee with respect |
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to issues discussed at each committee meeting. The written |
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statement must include: |
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(1) the date of the meeting; |
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(2) the name, position, and signature of each member |
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participating in the meeting; [and] |
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(3) an indication of whether the student's [child's] |
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parents, the adult student, if applicable, and the administrator |
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agreed or disagreed with the decisions of the committee; and |
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(4) if the student does not attend the meeting: |
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(A) a statement indicating the reason for the |
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student's absence, if known; and |
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(B) a statement summarizing any goals or services |
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requested by the student relating to the transition to life outside |
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the public school system if the student is: |
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(i) 14 years of age or older; or |
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(ii) younger than 14 years of age and |
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appropriate transition planning under Section 29.011 has begun. |
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(e) The commissioner by rule may require a school district |
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to include in the individualized education program of a student |
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with autism or another pervasive developmental disorder any |
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information or requirement determined necessary to ensure the |
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student receives a free appropriate public education as required |
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under the Individuals with Disabilities Education Act (20 U.S.C. |
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Section 1400 et seq.), including information or requirements |
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regarding consideration and, if appropriate, the: |
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(1) facilitation of a referral of the student or the |
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student's parents to a governmental agency for services or public |
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benefits as described by Section 29.011(a)(9); and |
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(2) development of the student's decision-making |
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skills or fostering of the student's independence and |
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self-determination as described by Section 29.011(a)(10). |
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SECTION 2. Section 29.011, Education Code, is amended by |
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amending Subsection (a) and adding Subsection (a-3) to read as |
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follows: |
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(a) The commissioner shall by rule adopt procedures for |
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compliance with federal requirements relating to transition |
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services for students who are enrolled in special education |
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programs under this subchapter. The procedures must specify the |
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manner in which a student's admission, review, and dismissal |
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committee must consider, and if appropriate, address the following |
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issues in the student's individualized education program: |
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(1) [appropriate] student involvement and |
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participation in the student's transition to life outside the |
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public school system; |
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(2) if the student is younger than 18 years of age, |
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[appropriate] involvement and participation in any discussion or |
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meeting concerning the student's transition by the student, the |
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student's parents, and other persons invited to participate by: |
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(A) the student's parents; or |
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(B) the school district in which the student is |
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enrolled; |
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(3) if the student is at least 18 years of age, |
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involvement in the student's transition and future by the student's |
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parents and other persons, if the parent or other person: |
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(A) is invited to participate by the student or |
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the school district in which the student is enrolled; or |
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(B) has the student's consent to participate |
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pursuant to a supported decision-making agreement under Chapter |
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1357, Estates Code; |
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(4) appropriate postsecondary education options, |
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including preparation for postsecondary-level coursework; |
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(5) an appropriate functional vocational evaluation; |
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(6) appropriate employment goals and objectives; |
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(7) if the student is at least 18 years of age, the |
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availability of age-appropriate instructional environments, |
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including community settings or environments that prepare the |
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student for postsecondary education or training, competitive |
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integrated employment, or independent living, in coordination with |
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the student's transition goals and objectives; |
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(8) appropriate independent living goals and |
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objectives, including orientation and preparation for the use of |
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local public or private transportation systems designed for the |
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general public or for persons with disabilities; |
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(9) appropriate circumstances for facilitating a |
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referral of a student or the student's parents to a governmental |
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agency for services or public benefits, including for health care |
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coverage or a referral to a governmental agency to place the student |
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on a waiting list for public benefits available to the student, such |
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as a waiver program established under Section 1915(c), Social |
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Security Act (42 U.S.C. Section 1396n(c)); [and] |
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(10) the use and availability of appropriate: |
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(A) supplementary aids, services, curricula, and |
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other opportunities to assist the student in developing |
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decision-making skills; and |
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(B) supports and services to foster the student's |
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independence and self-determination, including a supported |
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decision-making agreement under Chapter 1357, Estates Code; |
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(11) appropriate coordination with any transition |
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planning or services provided to the student by the following |
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agencies, including by inviting those agencies to participate in |
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the student's transition or future under Subdivision (2) or (3): |
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(A) state agencies, including the Texas |
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Workforce Commission, Health and Human Services Commission, or |
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Department of Family and Protective Services; or |
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(B) local agencies, including centers for |
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independent living, local intellectual and developmental |
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disability authorities, or community-based mental health centers; |
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and |
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(12) appropriate information on available services |
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provided by the school district if the student will graduate from |
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high school but not be awarded a high school diploma under Section |
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28.025(c)(1). |
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(a-3) A school district that does not invite a state or |
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local agency described by Subsection (a)(11) to participate in a |
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student's transition or future under Subsection (a)(2) or (3) must |
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include a statement in the student's individualized education |
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program indicating the reason the agency was not invited to |
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participate. |
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SECTION 3. Section 29.0112(b), Education Code, is amended |
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to read as follows: |
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(b) The transition and employment guide must be written in a |
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plain-language, student-friendly format [plain language] and |
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contain information specific to this state regarding: |
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(1) transition services; |
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(2) employment and supported employment services that |
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adhere to the employment-first policy adopted under Section |
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531.02447, Government Code; |
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(3) social security programs, including the Ticket to |
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Work Program authorized by the Ticket to Work and Work Incentives |
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Improvement Act of 1999 (Pub. L. No. 106-170); |
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(4) community and long-term services and support, |
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including the option to place the student on a waiting list with a |
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governmental agency for public benefits available to the student, |
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such as a waiver program established under Section 1915(c), Social |
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Security Act (42 U.S.C. Section 1396n(c)); |
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(5) postsecondary educational programs and services, |
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including the inventory maintained by the Texas Higher Education |
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Coordinating Board under Section 61.0663; |
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(6) information sharing with health and human services |
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agencies and providers; |
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(7) guardianship and alternatives to guardianship, |
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including a supported decision-making agreement under Chapter |
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1357, Estates Code; |
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(8) self-advocacy, person-centered and |
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person-directed planning, and self-determination; [and] |
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(9) public and private transportation systems, |
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including options designed for persons with disabilities; |
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(10) health care services and coverage, including the |
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process for transitioning to adult health care; |
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(11) mental health and wellness services; |
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(12) voting and civic engagement; |
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(13) financial literacy, including plain-language |
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information and curricula that promotes the understanding and |
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effective management of financial resources for a lifetime of |
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financial well-being; |
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(14) available programs that promote employment and |
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financial independence, including: |
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(A) special needs trusts; |
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(B) the Texas Achieving a Better Life Experience |
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(ABLE) Program under Subchapter J, Chapter 54, authorized under |
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Section 529A, Internal Revenue Code of 1986; |
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(C) the Medicaid buy-in programs implemented |
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under Section 531.02444, Government Code; and |
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(D) other work incentive programs; and |
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(15) contact information for all relevant state |
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agencies. |
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SECTION 4. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0113 to read as follows: |
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Sec. 29.0113. SUBMINIMUM WAGE EMPLOYMENT FOR STUDENTS WITH |
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DISABILITIES. The commissioner shall adopt rules that comply with: |
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(1) the requirements under 34 C.F.R. Section 397.30 |
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relating to subminimum wage employment for students with |
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disabilities; and |
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(2) the prohibition under 34 C.F.R. Section 397.31 on |
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contractual or other arrangements to provide subminimum wage |
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employment for students with disabilities. |
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SECTION 5. Section 352.108, Labor Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (f) to |
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read as follows: |
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(b) The commission and the Texas Education Agency shall |
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collaborate to develop a mechanism to identify the areas of the |
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state with the greatest needs for transition services for students |
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with disabilities. The mechanism must account for the commission's |
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limited resources and a public school's [school district's] needs, |
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including: |
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(1) the school's [school district's] resources for |
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special education; |
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(2) the number of students with disabilities in the |
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school [district]; and |
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(3) other factors that the commission and the Texas |
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Education Agency consider important. |
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(d) The commission shall develop uniform, statewide |
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policies for transition services that include: |
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(1) the goal that a transition counselor initiate |
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contact with a student approximately three years before the student |
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is expected to graduate from high school; |
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(2) the minimum level of services to be provided to a |
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student at the time that a transition counselor initiates contact |
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with the student; |
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(3) standards, based on the mechanism developed under |
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Subsection (b), for assigning a transition counselor to a public |
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school that ensure consistency among regions but that are not too |
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restrictive; |
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(4) expectations for transition counselors to develop |
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relationships with public school personnel, including the employee |
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designated to serve as the school's [school district's] designee on |
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transition and employment services under Section 29.011(b), |
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Education Code; and |
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(5) expectations for regional commission staff to work |
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with education service center representatives on a regular basis to |
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identify areas of greatest need and to discuss local strategies for |
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coordination between transition counselors and public schools. |
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(e) The commission and the Texas Education Agency shall |
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enter into a memorandum of understanding to comply with the |
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policies under this section and to improve coordination between the |
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agencies. The memorandum of understanding must include: |
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(1) strategies to better inform transition clients, |
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clients' families, and public school personnel regarding the |
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commission's available services, including by: |
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(A) providing [and] contact information for |
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commission transition counselors; and |
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(B) ensuring public schools provide commission |
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transition counselors with timely access to students with |
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disabilities and the students' parents or guardians to discuss the |
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commission's available services and the role of commission |
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transition counselors; |
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(2) a process to be used by the commission and the |
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Texas Education Agency to develop and update the mechanism used to |
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identify students who may need services; and |
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(3) strategies to promote the development, |
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coordination, provision, and evaluation of pre-employment |
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transition services provided to students with disabilities in |
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accordance with Section 113, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 733). |
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(f) The commission and the Texas Education Agency shall |
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review and, if necessary, update the memorandum of understanding |
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under Subsection (e) at least once every four years. In conducting |
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the review, the commission and the Texas Education Agency shall |
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solicit input from the continuing advisory committee appointed |
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under Section 29.006, Education Code, and the Rehabilitation |
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Council of Texas. |
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SECTION 6. This Act applies beginning with the 2019-2020 |
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school year. |
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SECTION 7. 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. |