86R12683 TSS-F

By: Huffman S.B. No. 1814

A BILL TO BE ENTITLED

AN ACT

relating to providing temporary support services for certain public school students.

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

SECTION 1. Subchapter C, Chapter 29, Education Code, is amended by adding Section 29.092 to read as follows:

Sec. 29.092. TEMPORARY SUPPORT SERVICES PENDING DISABILITY DETERMINATION FOR CERTAIN STUDENTS. (a) In this section:

(1) "Disability determination" means the results of a full individual and initial evaluation of a student for purposes of special education services under Section 29.004.

(2) "Parent" has the meaning assigned by Section 26.002.

(b) The agency shall establish procedures and criteria for the provision of temporary support services, including any service or accommodation available to a student receiving special education services under Subchapter A, to eligible students pending a disability determination.

(c) A student is eligible for temporary support services if a parent, classroom teacher, or other educator of the student:

(1) submits a written request to the campus administrator for temporary support services pending a disability determination; and

(2) submits with the request supporting documentation, including:

(A) a private evaluation, an independent educational evaluation, or a speech and language assessment performed by a qualified professional;

(B) a medical prescription or order, provided by a qualified health care professional; or

(C) existing school documents explaining the potential need for temporary support services provided by an educator requesting temporary services.

(d) A written request and supporting documentation submitted under this section is confidential and not subject to disclosure under Chapter 552, Government Code.

(e) After receiving a request and appropriate supporting documentation under this section, the campus administrator shall:

(1) initiate a review of existing evaluation data with parents and any qualified professionals who have provided supporting documentation or are currently providing services or support to the student;

(2) provide information to the student's parent about the process for requesting a full individual and initial evaluation for purposes of special education services under Section 29.004;

(3) not later than one week after receiving the request and supporting documentation, schedule temporary support services reflecting the recommendations, prescriptions, and orders in the supporting documents and provide the schedule to the student's parent, the student's classroom teachers, and appropriate district administrators and employees; and

(4) not later than two weeks after receiving the request and supporting documentation, review the student's behavior, the request, and the supporting documentation, and, if appropriate, develop a temporary plan that provides interventions for educators to address problematic behavior and provide the plan to the student, the student's parent, and the student's classroom teachers.

(f) The schedule of temporary services must continue without interruption until the requirements of Subsection (e) are completed, a full individual and initial evaluation under Section 29.004 has been conducted, and an admission, review, and dismissal committee has met and developed an individualized education plan for the student under Section 29.005. If, after a period of time determined by the agency, the student's parent has not requested a full individual and initial evaluation, or the student is found to not have a disability or to not qualify for special education services, the temporary services may be discontinued.

(g) The provision of temporary services under this section does not affect the responsibility of other agencies to provide noneducational community-based support services as necessary to enable students with disabilities to receive a free appropriate public education in the least restrictive environment.

(h) The commissioner shall adopt rules to ensure that this section is administered in a manner that complies with federal law regarding confidentiality of student medical or educational information, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to the privacy of student information.

SECTION 2. As soon as practicable after the effective date of this Act, the Texas Education Agency shall adopt procedures and criteria required by Section 29.092, Education Code, as added by this Act.

SECTION 3. This Act applies beginning with the 2019-2020 school year.

SECTION 4. 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, 2019.