87R1452 GCB-D
 
  By: Menéndez S.B. No. 88
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a special education liaison program and the provision
  of certain special education services at public school districts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.005(a), Education Code, is amended to
  read as follows:
         (a)  Before a child is enrolled in a special education
  program of a school district, the district shall establish a
  committee composed of the persons required under 20 U.S.C. Section
  1414(d) to develop the child's individualized education program. If
  the district employs a special education liaison under Section
  33.015, the special education liaison shall serve as the district's
  representative on the committee. If a committee is required to
  include a regular education teacher, the regular education teacher
  included must, to the extent practicable, be a teacher who is
  responsible for implementing a portion of the child's
  individualized education program.
         SECTION 2.  Chapter 33, Education Code, is amended by adding
  Subchapter A-1 to read as follows:
  SUBCHAPTER A-1. SPECIAL EDUCATION LIAISON PROGRAM
         Sec. 33.015.  SPECIAL EDUCATION LIAISON. From funds
  appropriated for the purpose or other funds that may be used for the
  purpose, the commissioner shall distribute funds to each school
  district to:
               (1)  provide special education liaison services under
  this subchapter; and
               (2)  employ one or more certified educators to serve as
  special education liaison for the district.
         Sec. 33.016.  SPECIAL EDUCATION LIAISON; GENERAL DUTIES. In
  addition to other duties provided under this subchapter, a special
  education liaison employed under Section 33.015 shall:
               (1)  perform duties regarding individualized education
  programs under Section 29.005, in the manner provided by Section
  33.017;
               (2)  conduct manifestation determination hearings and
  implement behavioral intervention plans as required by 20 U.S.C.
  Section 1415(k), in the manner described by Section 33.018;
               (3)  communicate verbally and in writing with campus
  administrators regarding policies and procedures necessary to
  ensure compliance with legal and policy requirements involving
  special education programs;
               (4)  communicate with educators and staff at district
  campuses to provide guidance, mentoring, and information about
  special education policies and procedures;
               (5)  provide guidance to special education teachers and
  staff in the provision of special education services to students in
  accordance with the Individuals with Disabilities Education Act (20
  U.S.C. Section 1400 et seq.);
               (6)  provide mentoring and training to special
  education teachers and staff at district campuses;
               (7)  become familiar with the specific duties and
  responsibilities of any providers of services that are ancillary to
  special education services provided by the district;
               (8)  provide general case management for students in
  individualized education programs under Section 29.005;
               (9)  conduct inquiries to address concerns brought by
  family members of students in special education programs under
  Subchapter A, Chapter 29; and
               (10)  conduct home visits as necessary to maintain
  quality communication between district educators and staff and
  family members of students in special education programs under
  Subchapter A, Chapter 29.
         Sec. 33.017.  SPECIAL EDUCATION LIAISON DUTIES REGARDING
  INDIVIDUALIZED EDUCATION PROGRAMS. A special education liaison
  employed under Section 33.015 shall:
               (1)  serve as an expert in the development,
  implementation, and assessment of individualized education
  programs under Section 29.005 for students in the district;
               (2)  serve as the representative of the district, as
  necessary, on a committee established under Section 29.005 to
  develop an individualized education program for a student enrolled
  at the district; and
               (3)  review individualized education program documents
  for compliance with federal and state laws and related procedural
  guidelines.
         Sec. 33.018.  SPECIAL EDUCATION LIAISON DUTIES REGARDING
  MANIFESTATION DETERMINATION HEARINGS AND BEHAVIORAL INTERVENTION
  PLANS. (a) If a change in educational setting is proposed for a
  student in an individualized education program under Section
  29.005, based on the student's violation of the district's code of
  student conduct, a special education liaison employed under Section
  33.015 shall conduct a manifestation determination hearing, in
  accordance with 20 U.S.C. Section 1415(k), to determine if the
  violation was a manifestation of the student's disability.
         (b)  If a violation is determined under Subsection (a) to be
  a manifestation of the student's disability, or at the request of a
  committee established under Section 29.005, the special education
  liaison shall conduct a functional behavioral assessment and
  implement a behavioral intervention plan for the student in
  accordance with 20 U.S.C. Section 1415(k).
         SECTION 3.  (a) The commissioner of education shall provide
  funds identified under Section 33.015, Education Code, as added by
  this Act, to school districts as soon as practicable after the
  effective date of this Act.
         (b)  Each school district required to employ a special
  education liaison under Subchapter A-1, Chapter 33, Education Code,
  as added by this Act, shall hire a person qualified for the position
  as soon as practicable after the effective date of this Act.
         SECTION 4.  This Act applies beginning with the 2021-2022
  school year.
         SECTION 5.  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, 2021.