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.