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A BILL TO BE ENTITLED
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AN ACT
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relating to the terminology used to refer to an individualized |
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education program team. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 5.001, Education Code, is amended by |
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amending Subdivision (5-a) and adding Subdivision (5-b) to read as |
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follows: |
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(5-a) "Individualized education program team" has the |
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meaning assigned by 20 U.S.C. Section 1414(d)(1)(B). |
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(5-b) "Mental health condition" means a persistent or |
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recurrent pattern of thoughts, feelings, or behaviors that: |
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(A) constitutes a mental illness, disease, or |
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disorder, other than or in addition to epilepsy, substance abuse, |
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or an intellectual disability; or |
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(B) impairs a person's social, emotional, or |
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educational functioning and increases the risk of developing a |
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condition described by Paragraph (A). |
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SECTION 2. Subchapter A, Chapter 7, Education Code, is |
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amended by adding Section 7.011 to read as follows: |
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Sec. 7.011. USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS |
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WITH DISABILITIES EDUCATION ACT. (a) The legislature and the Texas |
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Legislative Council are directed, with respect to drafting or |
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amending any new or existing statute or resolution, and the |
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commissioner, the agency, and all other state agencies are |
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directed, with respect to the proposing, adopting, or amending of |
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new or existing rules and the producing of state agency reference |
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materials or publications, including electronic media, to avoid |
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using the phrases "admission, review, and dismissal committee" or |
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"ARD committee." |
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(b) In enacting, revising, proposing, adopting, amending, |
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or producing new or existing statutes, resolutions, rules, or state |
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agency materials, the legislature, the Texas Legislative Council, |
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the commissioner, the agency, and all other state agencies are |
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directed to replace, as appropriate, the phrases described in |
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Subsection (a) with the preferred phrases "individualized |
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education program team" or "IEP team." |
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(c) A statute, resolution, or rule is not invalid solely |
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because it does not employ this section's preferred phrases. |
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SECTION 3. Section 19.0051(b), Education Code, is amended |
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to read as follows: |
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(b) In developing a person's educational program under |
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Subsection (a), the Windham School District shall consider: |
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(1) the duration of the person's confinement or |
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imprisonment; |
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(2) the person's current level of education; |
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(3) the person's educational goals and preference; and |
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(4) if applicable, recommendations of the person's |
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individualized education program team [admission, review, and |
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dismissal committee]. |
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SECTION 4. Section 25.007(b), Education Code, is amended to |
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read as follows: |
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(b) In recognition of the challenges faced by students who |
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are homeless or in substitute care, the agency shall assist the |
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transition of students who are homeless or in substitute care from |
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one school to another by: |
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(1) ensuring that school records for a student who is |
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homeless or in substitute care are transferred to the student's new |
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school not later than the 10th working day after the date the |
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student begins enrollment at the school; |
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(2) developing systems to ease transition of a student |
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who is homeless or in substitute care during the first two weeks of |
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enrollment at a new school; |
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(3) developing procedures for awarding credit, |
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including partial credit if appropriate, for course work, including |
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electives, completed by a student who is homeless or in substitute |
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care while enrolled at another school; |
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(4) developing procedures to ensure that a new school |
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relies on decisions made by the previous school regarding placement |
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in courses or educational programs of a student who is homeless or |
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in substitute care and places the student in comparable courses or |
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educational programs at the new school, if those courses or |
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programs are available; |
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(5) promoting practices that facilitate access by a |
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student who is homeless or in substitute care to extracurricular |
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programs, summer programs, credit transfer services, electronic |
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courses provided under Chapter 30A, and after-school tutoring |
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programs at nominal or no cost; |
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(6) establishing procedures to lessen the adverse |
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impact of the movement of a student who is homeless or in substitute |
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care to a new school; |
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(7) entering into a memorandum of understanding with |
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the Department of Family and Protective Services regarding the |
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exchange of information as appropriate to facilitate the transition |
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of students in substitute care from one school to another; |
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(8) encouraging school districts and open-enrollment |
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charter schools to provide services for a student who is homeless or |
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in substitute care in transition when applying for admission to |
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postsecondary study and when seeking sources of funding for |
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postsecondary study; |
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(9) requiring school districts, campuses, and |
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open-enrollment charter schools to accept a referral for special |
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education services made for a student who is homeless or in |
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substitute care by a school previously attended by the student, and |
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to provide comparable services to the student during the referral |
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process or until the new school develops an individualized |
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education program for the student; |
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(10) requiring school districts, campuses, and |
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open-enrollment charter schools to provide notice to the child's |
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educational decision-maker and caseworker regarding events that |
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may significantly impact the education of a child, including: |
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(A) requests or referrals for an evaluation under |
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Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
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special education under Section 29.003; |
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(B) individualized education program team |
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[admission, review, and dismissal committee] meetings; |
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(C) manifestation determination reviews required |
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by Section 37.004(b); |
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(D) any disciplinary actions under Chapter 37 for |
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which parental notice is required; |
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(E) citations issued for Class C misdemeanor |
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offenses on school property or at school-sponsored activities; |
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(F) reports of restraint and seclusion required |
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by Section 37.0021; |
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(G) use of corporal punishment as provided by |
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Section 37.0011; and |
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(H) appointment of a surrogate parent for the |
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child under Section 29.0151; |
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(11) developing procedures for allowing a student who |
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is homeless or in substitute care who was previously enrolled in a |
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course required for graduation the opportunity, to the extent |
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practicable, to complete the course, at no cost to the student, |
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before the beginning of the next school year; |
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(12) ensuring that a student who is homeless or in |
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substitute care who is not likely to receive a high school diploma |
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before the fifth school year following the student's enrollment in |
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grade nine, as determined by the district, has the student's course |
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credit accrual and personal graduation plan reviewed; |
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(13) ensuring that a student in substitute care who is |
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in grade 11 or 12 be provided information regarding tuition and fee |
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exemptions under Section 54.366 for dual-credit or other courses |
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provided by a public institution of higher education for which a |
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high school student may earn joint high school and college credit; |
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(14) designating at least one agency employee to act |
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as a liaison officer regarding educational issues related to |
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students in the conservatorship of the Department of Family and |
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Protective Services; and |
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(15) providing other assistance as identified by the |
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agency. |
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SECTION 5. Section 25.043(h), Education Code, is amended to |
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read as follows: |
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(h) This section does not affect: |
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(1) a right or obligation under Subchapter A, Chapter |
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29, or under the Individuals with Disabilities Education Act (20 |
|
U.S.C. Section 1400 et seq.) regarding the individual placement |
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decisions of an individualized education program team [the school |
|
district admission, review, and dismissal committee]; or |
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(2) the right of a school district or teacher to remove |
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a student from a classroom under Chapter 37. |
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SECTION 6. Sections 26.0081(a) and (b), Education Code, are |
|
amended to read as follows: |
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(a) The agency shall produce and provide to school districts |
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sufficient copies of a comprehensive, easily understood document |
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that explains the process by which an individualized education |
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program is developed for a student in a special education program |
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and the rights and responsibilities of a parent concerning the |
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process. The document must include information a parent needs to |
|
effectively participate in an individualized education program |
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team [admission, review, and dismissal committee] meeting for the |
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parent's child. |
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(b) The agency will ensure that each school district |
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provides the document required under this section to the parent as |
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provided by 20 U.S.C. Section 1415(b): |
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(1) as soon as practicable after a child is referred to |
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determine the child's eligibility for admission into the district's |
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special education program, but at least five school days before the |
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date of the initial meeting of the individualized education program |
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team [admission, review, and dismissal committee]; and |
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(2) at any other time on reasonable request of the |
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child's parent. |
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SECTION 7. Section 28.006(g), Education Code, is amended to |
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read as follows: |
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(g) A school district shall notify the parent or guardian of |
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each student in kindergarten or first or second grade who is |
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determined, on the basis of reading instrument results, to be at |
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risk for dyslexia or other reading difficulties. The district shall |
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implement an accelerated reading instruction program that provides |
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reading instruction that addresses reading deficiencies to those |
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students and shall determine the form, content, and timing of that |
|
program. The individualized education program team [admission, |
|
review, and dismissal committee] of a student who participates in a |
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district's special education program under Subchapter B, Chapter |
|
29, and who does not perform satisfactorily on a reading instrument |
|
under this section shall determine the manner in which the student |
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will participate in an accelerated reading instruction program |
|
under this subsection. |
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SECTION 8. Section 28.0211(i), Education Code, is amended |
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to read as follows: |
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(i) The individualized education program team [admission, |
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review, and dismissal committee] of a student who participates in a |
|
district's special education program under Subchapter A, Chapter |
|
29, and who does not perform satisfactorily on an assessment |
|
instrument specified under Subsection (a) and administered under |
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Section 39.023(a) or (b) must meet to determine the manner in which |
|
the student will participate in an accelerated instruction program |
|
under this section. |
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SECTION 9. Section 28.0213(e), Education Code, is amended |
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to read as follows: |
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(e) For a student in a special education program under |
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Subchapter A, Chapter 29, who does not perform satisfactorily on an |
|
assessment instrument administered under Section 39.023(a), (b), |
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or (c), the student's individualized education program team |
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[admission, review, and dismissal committee] shall design the |
|
program to: |
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(1) enable the student to attain a standard of annual |
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growth on the basis of the student's individualized education |
|
program; and |
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(2) if applicable, carry out the purposes of Section |
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28.0211. |
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SECTION 10. Sections 28.025(b-11), (b-14), (c-7), and |
|
(c-8), Education Code, are amended to read as follows: |
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(b-11) In adopting rules under Subsection (b-1), the State |
|
Board of Education shall allow a student who is unable to |
|
participate in physical activity due to disability or illness to |
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substitute one credit in English language arts, mathematics, |
|
science, or social studies, one credit in a course that is offered |
|
for credit as provided by Section 28.002(g-1), or one academic |
|
elective credit for the physical education credit required under |
|
Subsection (b-1)(8). A credit allowed to be substituted under this |
|
subsection may not also be used by the student to satisfy a |
|
graduation requirement other than completion of the physical |
|
education credit. The rules must provide that the determination |
|
regarding a student's ability to participate in physical activity |
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will be made by: |
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(1) if the student receives special education services |
|
under Subchapter A, Chapter 29, the student's individualized |
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education program team [admission, review, and dismissal |
|
committee]; |
|
(2) if the student does not receive special education |
|
services under Subchapter A, Chapter 29, but is covered by Section |
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504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the |
|
committee established for the student under that Act; or |
|
(3) if a team or a committee [each of the committees] |
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described by Subdivision [Subdivisions] (1) or [and] (2) is |
|
inapplicable, a committee established by the school district of |
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persons with appropriate knowledge regarding the student. |
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(b-14) In adopting rules under Subsection (b-1), the State |
|
Board of Education shall allow a student who, due to disability, is |
|
unable to complete two courses in the same language in a language |
|
other than English, as provided under Subsection (b-1)(5), to |
|
substitute for those credits two credits in English language arts, |
|
mathematics, science, or social studies or two credits in career |
|
and technology education, technology applications, or other |
|
academic electives. A credit allowed to be substituted under this |
|
subsection may not also be used by the student to satisfy a |
|
graduation credit requirement other than credit for completion of a |
|
language other than English. The rules must provide that the |
|
determination regarding a student's ability to participate in |
|
language-other-than-English courses will be made by: |
|
(1) if the student receives special education services |
|
under Subchapter A, Chapter 29, the student's individualized |
|
education program team [admission, review, and dismissal |
|
committee]; or |
|
(2) if the student does not receive special education |
|
services under Subchapter A, Chapter 29, but is covered by Section |
|
504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the |
|
committee established for the student under that Act. |
|
(c-7) Subject to Subsection (c-8), a student who is enrolled |
|
in a special education program under Subchapter A, Chapter 29, may |
|
earn an endorsement on the student's transcript by: |
|
(1) successfully completing, with or without |
|
modification of the curriculum: |
|
(A) the curriculum requirements identified by |
|
the State Board of Education under Subsection (a); and |
|
(B) the additional endorsement curriculum |
|
requirements prescribed by the State Board of Education under |
|
Subsection (c-2); and |
|
(2) successfully completing all curriculum |
|
requirements for that endorsement adopted by the State Board of |
|
Education: |
|
(A) without modification of the curriculum; or |
|
(B) with modification of the curriculum, |
|
provided that the curriculum, as modified, is sufficiently rigorous |
|
as determined by the student's individualized education program |
|
team [admission, review, and dismissal committee]. |
|
(c-8) For purposes of Subsection (c-7), the individualized |
|
education program team [admission, review, and dismissal |
|
committee] of a student in a special education program under |
|
Subchapter A, Chapter 29, shall determine whether the student is |
|
required to achieve satisfactory performance on an end-of-course |
|
assessment instrument to earn an endorsement on the student's |
|
transcript. |
|
SECTION 11. Section 29.001, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and |
|
modify as necessary, a statewide design, consistent with federal |
|
law, for the delivery of services to children with disabilities in |
|
this state that includes rules for the administration and funding |
|
of the special education program so that a free appropriate public |
|
education is available to all of those children between the ages of |
|
three and 21. The statewide design shall include the provision of |
|
services primarily through school districts and shared services |
|
arrangements, supplemented by regional education service centers. |
|
The agency shall also develop and implement a statewide plan with |
|
programmatic content that includes procedures designed to: |
|
(1) ensure state compliance with requirements for |
|
supplemental federal funding for all state-administered programs |
|
involving the delivery of instructional or related services to |
|
students with disabilities; |
|
(2) facilitate interagency coordination when other |
|
state agencies are involved in the delivery of instructional or |
|
related services to students with disabilities; |
|
(3) periodically assess statewide personnel needs in |
|
all areas of specialization related to special education and pursue |
|
strategies to meet those needs through a consortium of |
|
representatives from regional education service centers, local |
|
education agencies, and institutions of higher education and |
|
through other available alternatives; |
|
(4) ensure that regional education service centers |
|
throughout the state maintain a regional support function, which |
|
may include direct service delivery and a component designed to |
|
facilitate the placement of students with disabilities who cannot |
|
be appropriately served in their resident districts; |
|
(5) allow the agency to effectively monitor and |
|
periodically conduct site visits of all school districts to ensure |
|
that rules adopted under this section are applied in a consistent |
|
and uniform manner, to ensure that districts are complying with |
|
those rules, and to ensure that annual statistical reports filed by |
|
the districts and not otherwise available through the Public |
|
Education Information Management System under Sections 48.008 and |
|
48.009 are accurate and complete; |
|
(6) ensure that appropriately trained personnel are |
|
involved in the diagnostic and evaluative procedures operating in |
|
all districts and that those personnel routinely serve on district |
|
individualized education program teams [admissions, review, and |
|
dismissal committees]; |
|
(7) ensure that an individualized education program |
|
for each student with a disability is properly developed, |
|
implemented, and maintained in the least restrictive environment |
|
that is appropriate to meet the student's educational needs; |
|
(8) ensure that, when appropriate, each student with a |
|
disability is provided an opportunity to participate in career and |
|
technology and physical education classes, in addition to |
|
participating in regular or special classes; |
|
(9) ensure that each student with a disability is |
|
provided necessary related services; |
|
(10) ensure that an individual assigned to act as a |
|
surrogate parent for a child with a disability, as provided by 20 |
|
U.S.C. Section 1415(b), is required to: |
|
(A) complete a training program that complies |
|
with minimum standards established by agency rule; |
|
(B) visit the child and the child's school; |
|
(C) consult with persons involved in the child's |
|
education, including teachers, caseworkers, court-appointed |
|
volunteers, guardians ad litem, attorneys ad litem, foster parents, |
|
and caretakers; |
|
(D) review the child's educational records; |
|
(E) attend meetings of the child's |
|
individualized education program team [admission, review, and |
|
dismissal committee]; |
|
(F) exercise independent judgment in pursuing |
|
the child's interests; and |
|
(G) exercise the child's due process rights under |
|
applicable state and federal law; and |
|
(11) ensure that each district develops a process to |
|
be used by a teacher who instructs a student with a disability in a |
|
regular classroom setting: |
|
(A) to request a review of the student's |
|
individualized education program; |
|
(B) to provide input in the development of the |
|
student's individualized education program; |
|
(C) that provides for a timely district response |
|
to the teacher's request; and |
|
(D) that provides for notification to the |
|
student's parent or legal guardian of that response. |
|
SECTION 12. Section 29.004(a-1), Education Code, is amended |
|
to read as follows: |
|
(a-1) If a school district receives written consent signed |
|
by a student's parent or legal guardian for a full individual and |
|
initial evaluation of a student at least 35 but less than 45 school |
|
days before the last instructional day of the school year, the |
|
evaluation must be completed and the written report of the |
|
evaluation must be provided to the parent or legal guardian not |
|
later than June 30 of that year. The student's individualized |
|
education program team [admission, review, and dismissal |
|
committee] shall meet not later than the 15th school day of the |
|
following school year to consider the evaluation. If a district |
|
receives written consent signed by a student's parent or legal |
|
guardian less than 35 school days before the last instructional day |
|
of the school year or if the district receives the written consent |
|
at least 35 but less than 45 school days before the last |
|
instructional day of the school year but the student is absent from |
|
school during that period on three or more days, Subsection (a)(1) |
|
applies to the date the written report of the full individual and |
|
initial evaluation is required. |
|
SECTION 13. Sections 29.005(a), (b), (b-1), (c), (g), and |
|
(h), Education Code, are amended to read as follows: |
|
(a) Before a child is enrolled in a special education |
|
program of a school district, the district shall establish an |
|
individualized education program team [a committee] composed of the |
|
persons required under 20 U.S.C. Section 1414(d) to develop the |
|
child's individualized education program. If a team [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. |
|
(b) The individualized education program team [committee] |
|
shall develop the individualized education program by agreement of |
|
the team [committee] members or, if those persons cannot agree, by |
|
an alternate method provided by the agency. Majority vote may not be |
|
used to determine the individualized education program. |
|
(b-1) The written statement of the individualized education |
|
program must document the decisions of the individualized education |
|
program team [committee] with respect to issues discussed at each |
|
team [committee] meeting. The written statement must include: |
|
(1) the date of the meeting; |
|
(2) the name, position, and signature of each member |
|
participating in the meeting; and |
|
(3) an indication of whether the child's parents, the |
|
adult student, if applicable, and the administrator agreed or |
|
disagreed with the decisions of the team [committee]. |
|
(c) If the individualized education program is not |
|
developed by agreement, the written statement of the program |
|
required under 20 U.S.C. Section 1414(d) must include the basis of |
|
the disagreement. Each member of the individualized education |
|
program team [committee] who disagrees with the individualized |
|
education program developed by the team [committee] is entitled to |
|
include a statement of disagreement in the written statement of the |
|
program. |
|
(g) The individualized education program team [committee] |
|
may determine that a behavior improvement plan or a behavioral |
|
intervention plan is appropriate for a student for whom the team |
|
[committee] has developed an individualized education program. If |
|
the team [committee] makes that determination, the behavior |
|
improvement plan or the behavioral intervention plan shall be |
|
included as part of the student's individualized education program |
|
and provided to each teacher with responsibility for educating the |
|
student. |
|
(h) If a behavior improvement plan or a behavioral |
|
intervention plan is included as part of a student's individualized |
|
education program under Subsection (g), the individualized |
|
education program team [committee] shall review the plan at least |
|
annually and more frequently if appropriate to address: |
|
(1) changes in a student's circumstances that may |
|
impact the student's behavior, such as: |
|
(A) the placement of the student in a different |
|
educational setting; |
|
(B) an increase or persistence in disciplinary |
|
actions taken regarding the student for similar types of behavioral |
|
incidents; |
|
(C) a pattern of unexcused absences; or |
|
(D) an unauthorized unsupervised departure from |
|
an educational setting; or |
|
(2) the safety of the student or others. |
|
SECTION 14. Section 29.008(c), Education Code, is amended |
|
to read as follows: |
|
(c) When a student, including one for whom the state is |
|
managing conservator, is placed primarily for care or treatment |
|
reasons in a private residential facility that operates its own |
|
private education program, none of the costs may be paid from public |
|
education funds. If a residential placement primarily for care or |
|
treatment reasons involves a private residential facility in which |
|
the education program is provided by the school district, the |
|
portion of the costs that includes appropriate education services, |
|
as determined by the individualized education program team [the |
|
school district's admission, review, and dismissal committee], |
|
shall be paid from state and federal education funds. |
|
SECTION 15. Sections 29.011(a) and (a-1), Education Code, |
|
are amended to read as follows: |
|
(a) The commissioner shall by rule adopt procedures for |
|
compliance with federal requirements relating to transition |
|
services for students who are enrolled in special education |
|
programs under this subchapter. The procedures must specify the |
|
manner in which a student's individualized education program team |
|
[admission, review, and dismissal committee] must consider, and if |
|
appropriate, address the following issues in the student's |
|
individualized education program: |
|
(1) appropriate student involvement in the student's |
|
transition to life outside the public school system; |
|
(2) if the student is younger than 18 years of age, |
|
appropriate involvement in the student's transition by the |
|
student's parents and other persons invited to participate by: |
|
(A) the student's parents; or |
|
(B) the school district in which the student is |
|
enrolled; |
|
(3) if the student is at least 18 years of age, |
|
involvement in the student's transition and future by the student's |
|
parents and other persons, if the parent or other person: |
|
(A) is invited to participate by the student or |
|
the school district in which the student is enrolled; or |
|
(B) has the student's consent to participate |
|
pursuant to a supported decision-making agreement under Chapter |
|
1357, Estates Code; |
|
(4) appropriate postsecondary education options, |
|
including preparation for postsecondary-level coursework; |
|
(5) an appropriate functional vocational evaluation; |
|
(6) appropriate employment goals and objectives; |
|
(7) if the student is at least 18 years of age, the |
|
availability of age-appropriate instructional environments, |
|
including community settings or environments that prepare the |
|
student for postsecondary education or training, competitive |
|
integrated employment, or independent living, in coordination with |
|
the student's transition goals and objectives; |
|
(8) appropriate independent living goals and |
|
objectives; |
|
(9) appropriate circumstances for facilitating a |
|
referral of a student or the student's parents to a governmental |
|
agency for services or public benefits, including a referral to a |
|
governmental agency to place the student on a waiting list for |
|
public benefits available to the student, such as a waiver program |
|
established under Section 1915(c), Social Security Act (42 U.S.C. |
|
Section 1396n(c)); and |
|
(10) the use and availability of appropriate: |
|
(A) supplementary aids, services, curricula, and |
|
other opportunities to assist the student in developing |
|
decision-making skills; and |
|
(B) supports and services to foster the student's |
|
independence and self-determination, including a supported |
|
decision-making agreement under Chapter 1357, Estates Code. |
|
(a-1) A student's individualized education program team |
|
[admission, review, and dismissal committee] shall annually review |
|
the issues described by Subsection (a) and, if necessary, update |
|
the portions of the student's individualized education program that |
|
address those issues. |
|
SECTION 16. Section 29.0112(e), Education Code, is amended |
|
to read as follows: |
|
(e) A school district shall: |
|
(1) post the transition and employment guide on the |
|
district's website if the district maintains a website; |
|
(2) provide written information and, if necessary, |
|
assistance to a student or parent regarding how to access the |
|
electronic version of the guide at: |
|
(A) the first meeting of the student's |
|
individualized education program team [admission, review, and |
|
dismissal committee] at which transition is discussed; and |
|
(B) the first team [committee] meeting at which |
|
transition is discussed that occurs after the date on which the |
|
guide is updated; and |
|
(3) on request, provide a printed copy of the guide to |
|
a student or parent. |
|
SECTION 17. Section 29.015(b), Education Code, is amended |
|
to read as follows: |
|
(b) A foster parent who will act as a parent of a child with |
|
a disability as provided by Subsection (a) must complete a training |
|
program before the next scheduled individualized education program |
|
team [admission, review, and dismissal committee] meeting for the |
|
child but not later than the 90th day after the date the foster |
|
parent begins acting as the parent for the purpose of making special |
|
education decisions. |
|
SECTION 18. Section 29.0151(d), Education Code, is amended |
|
to read as follows: |
|
(d) A surrogate parent appointed by a district must: |
|
(1) be willing to serve in that capacity; |
|
(2) exercise independent judgment in pursuing the |
|
child's interests; |
|
(3) ensure that the child's due process rights under |
|
applicable state and federal laws are not violated; |
|
(4) complete a training program that complies with |
|
minimum standards established by agency rule within the time |
|
specified in Section 29.015(b); |
|
(5) visit the child and the school where the child is |
|
enrolled; |
|
(6) review the child's educational records; |
|
(7) consult with any person involved in the child's |
|
education, including the child's: |
|
(A) teachers; |
|
(B) caseworkers; |
|
(C) court-appointed volunteers; |
|
(D) guardian ad litem; |
|
(E) attorney ad litem; |
|
(F) foster parent; and |
|
(G) caregiver; and |
|
(8) attend meetings of the child's individualized |
|
education program team [admission, review, and dismissal |
|
committee]. |
|
SECTION 19. Section 29.019(e), Education Code, is amended |
|
to read as follows: |
|
(e) Nothing in this section prohibits a school district from |
|
using individualized education program facilitation as the |
|
district's preferred method of conducting initial and annual |
|
individualized education program team [admission, review, and |
|
dismissal committee] meetings. |
|
SECTION 20. Section 29.020(a), Education Code, is amended |
|
to read as follows: |
|
(a) The agency shall develop rules in accordance with this |
|
section applicable to the administration of a state individualized |
|
education program facilitation project. The program shall include |
|
the provision of an independent individualized education program |
|
facilitator to facilitate an individualized education program team |
|
[admission, review, and dismissal committee] meeting with parties |
|
who are in a dispute about decisions relating to the provision of a |
|
free appropriate public education to a student with a disability. |
|
Facilitation implemented under the project must comply with rules |
|
developed under this subsection. |
|
SECTION 21. Section 29.022(l), Education Code, is amended |
|
to read as follows: |
|
(l) A school district or open-enrollment charter school |
|
policy relating to the placement, operation, or maintenance of |
|
video cameras under this section must: |
|
(1) include information on how a person may appeal an |
|
action by the district or school that the person believes to be in |
|
violation of this section or a policy adopted in accordance with |
|
this section, including the appeals process under Section 7.057; |
|
(2) require that the district or school provide a |
|
response to a request made under this section not later than the |
|
seventh school business day after receipt of the request by the |
|
person to whom it must be submitted under Subsection (a-3) that |
|
authorizes the request or states the reason for denying the |
|
request; |
|
(3) except as provided by Subdivision (5), require |
|
that a school or a campus begin operation of a video camera in |
|
compliance with this section not later than the 45th school |
|
business day, or the first school day after the 45th school business |
|
day if that day is not a school day, after the request is authorized |
|
unless the agency grants an extension of time; |
|
(4) permit the parent of a student whose |
|
individualized education program team [admission, review, and |
|
dismissal committee] has determined that the student's placement |
|
for the following school year will be in a classroom or other |
|
special education setting in which a video camera may be placed |
|
under this section to make a request for the video camera by the |
|
later of: |
|
(A) the date on which the current school year |
|
ends; or |
|
(B) the 10th school business day after the date |
|
of the placement determination by the individualized education |
|
program team [admission, review, and dismissal committee]; and |
|
(5) if a request is made by a parent in compliance with |
|
Subdivision (4), unless the agency grants an extension of time, |
|
require that a school or campus begin operation of a video camera in |
|
compliance with this section not later than the later of: |
|
(A) the 10th school day of the fall semester; or |
|
(B) the 45th school business day, or the first |
|
school day after the 45th school business day if that day is not a |
|
school day, after the date the request is made. |
|
SECTION 22. Section 29.026(d), Education Code, is amended |
|
to read as follows: |
|
(d) A school district or open-enrollment charter school may |
|
not: |
|
(1) charge a fee for the program, other than those |
|
authorized by law for students in public schools; |
|
(2) require a parent to enroll a child in the program; |
|
(3) allow an individualized education program team |
|
[admission, review, and dismissal committee] to place a student in |
|
the program without the written consent of the student's parent or |
|
guardian; or |
|
(4) continue the placement of a student in the program |
|
after the student's parent or guardian revokes consent, in writing, |
|
to the student's placement in the program. |
|
SECTION 23. Section 29.048, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.048. INDIVIDUALIZED EDUCATION PROGRAM TEAM |
|
[ADMISSION, REVIEW, AND DISMISSAL COMMITTEE] DUTIES. (a) A |
|
student's individualized education program team [admission, |
|
review, and dismissal committee] shall develop a student's |
|
individualized education program under Section 29.005, in |
|
compliance with the Individuals with Disabilities Education Act (20 |
|
U.S.C. Section 1400 et seq.), without consideration of any |
|
supplemental special education services that may be provided under |
|
the program under this subchapter. |
|
(b) The individualized education program team [admission, |
|
review, and dismissal committee] of a student approved for |
|
participation in the program shall provide to the student's parent |
|
at an individualized education program team [admission, review, and |
|
dismissal committee] meeting for the student: |
|
(1) information regarding the types of supplemental |
|
special education services available under the program and provided |
|
by agency-approved providers for which an account maintained under |
|
Section 29.042(b) for the student may be used; and |
|
(2) instructions regarding accessing an account |
|
described by Subdivision (1). |
|
SECTION 24. Section 29.305, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in |
|
conflict with any individualized education program team |
|
[admission, review, and dismissal committee] recommendations, a |
|
student who is deaf or hard of hearing must have an education in the |
|
company of a sufficient number of peers using the same language mode |
|
and with whom the student can communicate directly. If practicable, |
|
the peers must be of the same or approximately the same age and |
|
ability. |
|
SECTION 25. Section 29.312, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES. |
|
Appropriate psychological counseling services for a student who is |
|
deaf or hard of hearing shall be made available at the student's |
|
school site in the student's primary mode of communication. In the |
|
case of a student who is hard of hearing, appropriate auditory |
|
systems to enhance oral communication shall be used if required by |
|
the student's individualized education program team [admission, |
|
review, and dismissal committee]. |
|
SECTION 26. Section 29.314, Education Code, is amended to |
|
read as follows: |
|
Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to |
|
satisfying requirements of the individualized education program |
|
team [admission, review, and dismissal committee] and to satisfying |
|
requirements under state and federal law for vocational training, |
|
each school district shall develop and implement a transition plan |
|
for the transition of a student who is deaf or hard of hearing into a |
|
regular class program if the student is to be transferred from a |
|
special class or center or nonpublic, nonsectarian school into a |
|
regular class in a public school for any part of the school day. The |
|
transition plan must provide for activities: |
|
(1) to integrate the student into the regular |
|
education program and specify the nature of each activity and the |
|
time spent on the activity each day; and |
|
(2) to support the transition of the student from the |
|
special education program into the regular education program. |
|
SECTION 27. Section 29.453(b), Education Code, is amended |
|
to read as follows: |
|
(b) The educational placement of an alleged offender |
|
resident and the educational services to be provided by a school |
|
district to the resident shall be determined by the resident's |
|
individualized education program team [admission, review, and |
|
dismissal committee] consistent with federal law and regulations |
|
regarding the placement of students with disabilities in the least |
|
restrictive environment. The resident's individualized education |
|
program team [admission, review, and dismissal committee] shall: |
|
(1) inform the resident's interdisciplinary team of a |
|
determination the resident's individualized education program team |
|
[committee] makes in accordance with this subsection; and |
|
(2) consult, to the extent practicable, with the |
|
resident's interdisciplinary team concerning such a determination. |
|
SECTION 28. Section 29.454(d), Education Code, is amended |
|
to read as follows: |
|
(d) Each behavior support specialist shall: |
|
(1) ensure that each alleged offender resident |
|
enrolled in the school district is provided behavior management |
|
services under a school behavioral intervention plan based on the |
|
resident's functional behavioral assessment, as described by |
|
Subsection (c); |
|
(2) communicate and coordinate with the resident's |
|
interdisciplinary team to ensure that behavioral intervention |
|
actions of the district and of the forensic state supported living |
|
center do not conflict; |
|
(3) in the case of a resident who regresses: |
|
(A) ensure that necessary corrective action is |
|
taken in the resident's individualized education program or school |
|
behavioral intervention plan, as appropriate; and |
|
(B) communicate with the resident's |
|
interdisciplinary team concerning the regression and encourage the |
|
team to aggressively address the regression; |
|
(4) participate in the resident's individualized |
|
education program team [admission, review, and dismissal |
|
committee] meetings in conjunction with: |
|
(A) developing and implementing the resident's |
|
school behavioral intervention plan; and |
|
(B) determining the appropriate educational |
|
placement for each resident, considering all available academic and |
|
behavioral information; |
|
(5) coordinate each resident's school behavioral |
|
intervention plan with the resident's program of active treatment |
|
provided by the forensic state supported living center to ensure |
|
consistency of approach and response to the resident's identified |
|
behaviors; |
|
(6) provide training for school district staff and, as |
|
appropriate, state supported living center staff in implementing |
|
behavioral intervention plans for each resident; and |
|
(7) remain involved with the resident during the |
|
school day. |
|
SECTION 29. Section 29.455(a), Education Code, is amended |
|
to read as follows: |
|
(a) A school district in which alleged offender residents |
|
are enrolled in school and the forensic state supported living |
|
center shall enter into a memorandum of understanding to: |
|
(1) establish the duties and responsibilities of the |
|
behavior support specialist to ensure the safety of all students |
|
and teachers while educational services are provided to a resident |
|
at a school in the district; and |
|
(2) ensure the provision of appropriate facilities for |
|
providing educational services and of necessary technological |
|
equipment if a resident's individualized education program team |
|
[admission, review, and dismissal committee] determines that the |
|
resident must receive educational services at the forensic state |
|
supported living center. |
|
SECTION 30. Sections 30.002(c) and (f), Education Code, are |
|
amended to read as follows: |
|
(c) The comprehensive statewide plan for the education of |
|
children with visual impairments must: |
|
(1) adequately provide for comprehensive diagnosis |
|
and evaluation of each school-age child with a serious visual |
|
impairment; |
|
(2) include the procedures, format, and content of the |
|
individualized education program for each child with a visual |
|
impairment; |
|
(3) emphasize providing educational services to |
|
children with visual impairments in their home communities whenever |
|
possible; |
|
(4) include methods to ensure that children with |
|
visual impairments receiving special education services in school |
|
districts receive, before being placed in a classroom setting or |
|
within a reasonable time after placement: |
|
(A) evaluation of the impairment; and |
|
(B) instruction in an expanded core curriculum, |
|
which is required for students with visual impairments to succeed |
|
in classroom settings and to derive lasting, practical benefits |
|
from the education provided by school districts, including |
|
instruction in: |
|
(i) compensatory skills, such as braille |
|
and concept development, and other skills needed to access the rest |
|
of the curriculum; |
|
(ii) orientation and mobility; |
|
(iii) social interaction skills; |
|
(iv) career planning; |
|
(v) assistive technology, including |
|
optical devices; |
|
(vi) independent living skills; |
|
(vii) recreation and leisure enjoyment; |
|
(viii) self-determination; and |
|
(ix) sensory efficiency; |
|
(5) provide for flexibility on the part of school |
|
districts to meet the special needs of children with visual |
|
impairments through: |
|
(A) specialty staff and resources provided by the |
|
district; |
|
(B) contractual arrangements with other |
|
qualified public or private agencies; |
|
(C) supportive assistance from regional |
|
education service centers or adjacent school districts; |
|
(D) short-term or long-term services through the |
|
Texas School for the Blind and Visually Impaired or related |
|
facilities or programs; or |
|
(E) other instructional and service arrangements |
|
approved by the agency; |
|
(6) include a statewide individualized education |
|
program [admission, review, and dismissal] process; |
|
(7) provide for effective interaction between the |
|
visually impaired child's classroom setting and the child's home |
|
environment, including providing for parental training and |
|
counseling either by school district staff or by representatives of |
|
other organizations directly involved in the development and |
|
implementation of the individualized education program for the |
|
child; |
|
(8) require the continuing education and professional |
|
development of school district staff providing special education |
|
services to children with visual impairments; |
|
(9) provide for adequate monitoring and precise |
|
evaluation of special education services provided to children with |
|
visual impairments through school districts; and |
|
(10) require that school districts providing special |
|
education services to children with visual impairments develop |
|
procedures for assuring that staff assigned to work with the |
|
children have prompt and effective access directly to resources |
|
available through: |
|
(A) cooperating agencies in the area; |
|
(B) the Texas School for the Blind and Visually |
|
Impaired; |
|
(C) the Central Media Depository for specialized |
|
instructional materials and aids made specifically for use by |
|
students with visual impairments; |
|
(D) sheltered workshops participating in the |
|
state program of purchases of blind-made goods and services; and |
|
(E) related sources. |
|
(f) In the development of the individualized education |
|
program for a student with a visual impairment, proficiency in |
|
reading and writing is a significant indicator of the student's |
|
satisfactory educational progress. The individualized education |
|
program for a student with a visual impairment must include |
|
instruction in braille and the use of braille unless the student's |
|
individualized education program team [admission, review, and |
|
dismissal committee] determines and documents that braille is not |
|
an appropriate literacy medium for the student. The team's |
|
[committee's] determination must be based on an evaluation of the |
|
student's appropriate literacy media and literacy skills and the |
|
student's current and future instructional needs. Braille |
|
instruction: |
|
(1) may be used in combination with other special |
|
education services appropriate to the student's educational needs; |
|
and |
|
(2) shall be provided by a teacher certified to teach |
|
students with visual impairments. |
|
SECTION 31. Section 30.021(b), Education Code, is amended |
|
to read as follows: |
|
(b) The school district in which a student resides is |
|
responsible for assuring that a free appropriate public education |
|
is provided to each district student placed in the regular school |
|
year program of the school and that all legally required meetings |
|
for the purpose of developing and reviewing the student's |
|
individualized educational program are conducted. If the school |
|
disagrees with a district's individualized education program team |
|
[committee] recommendation that a student be evaluated for |
|
placement, initially placed, or continued to be placed at the |
|
school, the district or the school may seek resolution according to |
|
a procedure established by the commissioner or through any due |
|
process hearing to which the district or school is entitled under |
|
the Individuals with Disabilities Education Act (20 U.S.C. Section |
|
1400 et seq.). |
|
SECTION 32. Section 30.057(a), Education Code, is amended |
|
to read as follows: |
|
(a) The Texas School for the Deaf shall provide services in |
|
accordance with Section 30.051 to any eligible student with a |
|
disability for whom the school is an appropriate placement if the |
|
student has been referred for admission: |
|
(1) by the school district in which the student |
|
resides under the student's individualized education program; |
|
(2) by the student's parent or legal guardian, or a |
|
person with legal authority to act in place of the parent or legal |
|
guardian, or the student, if the student is age 18 or older, at any |
|
time during the school year, if the referring person chooses the |
|
school as the appropriate placement for the student rather than the |
|
placement in the student's local or regional program recommended |
|
under the student's individualized education program; or |
|
(3) by the student's parent or legal guardian through |
|
the student's individualized education program team [admission, |
|
review, and dismissal] or individualized family service plan |
|
committee, as an initial referral to special education for students |
|
who are three years of age or younger. |
|
SECTION 33. Section 30A.007(b), Education Code, is amended |
|
to read as follows: |
|
(b) For purposes of a policy adopted under Subsection (a), |
|
the determination of whether or not an electronic course will meet |
|
the needs of a student with a disability shall be made by the |
|
student's individualized education program team [admission, |
|
review, and dismissal committee] in a manner consistent with state |
|
and federal law, including the Individuals with Disabilities |
|
Education Act (20 U.S.C. Section 1400 et seq.) and Section 504, |
|
Rehabilitation Act of 1973 (29 U.S.C. Section 794). |
|
SECTION 34. Section 33.081(e), Education Code, is amended |
|
to read as follows: |
|
(e) Suspension of a student with a disability that |
|
significantly interferes with the student's ability to meet regular |
|
academic standards must be based on the student's failure to meet |
|
the requirements of the student's individualized education |
|
program. The determination of whether a disability significantly |
|
interferes with a student's ability to meet regular academic |
|
standards must be made by the student's individualized education |
|
program team [admission, review, and dismissal committee]. For |
|
purposes of this subsection, "student with a disability" means a |
|
student who is eligible for a district's special education program |
|
under Section 29.003(b). |
|
SECTION 35. Section 37.001(b-1), Education Code, is amended |
|
to read as follows: |
|
(b-1) The methods adopted under Subsection (a)(8) must |
|
provide that a student who is enrolled in a special education |
|
program under Subchapter A, Chapter 29, may not be disciplined for |
|
conduct prohibited in accordance with Subsection (a)(7) until an |
|
individualized education program team [admission, review, and |
|
dismissal committee] meeting has been held to review the conduct. |
|
SECTION 36. Section 37.0021(d), Education Code, is amended |
|
to read as follows: |
|
(d) The commissioner by rule shall adopt procedures for the |
|
use of restraint and time-out by a school district employee or |
|
volunteer or an independent contractor of a district in the case of |
|
a student with a disability receiving special education services |
|
under Subchapter A, Chapter 29. A procedure adopted under this |
|
subsection must: |
|
(1) be consistent with: |
|
(A) professionally accepted practices and |
|
standards of student discipline and techniques for behavior |
|
management; and |
|
(B) relevant health and safety standards; |
|
(2) identify any discipline management practice or |
|
behavior management technique that requires a district employee or |
|
volunteer or an independent contractor of a district to be trained |
|
before using that practice or technique; and |
|
(3) require a school district to: |
|
(A) provide written notification to the |
|
student's parent or person standing in parental relation to the |
|
student for each use of restraint that includes: |
|
(i) the name of the student; |
|
(ii) the name of the district employee or |
|
volunteer or independent contractor of the district who |
|
administered the restraint; |
|
(iii) the date of the restraint; |
|
(iv) the time that the restraint started |
|
and ended; |
|
(v) the location of the restraint; |
|
(vi) the nature of the restraint; |
|
(vii) a description of the activity in |
|
which the student was engaged immediately preceding the use of the |
|
restraint; |
|
(viii) the behavior of the student that |
|
prompted the restraint; |
|
(ix) any efforts made to de-escalate the |
|
situation and any alternatives to restraint that were attempted; |
|
(x) if the student has a behavior |
|
improvement plan or a behavioral intervention plan, whether the |
|
plan may need to be revised as a result of the behavior that led to |
|
the restraint; and |
|
(xi) if the student does not have a behavior |
|
improvement plan or a behavioral intervention plan, information on |
|
the procedure for the student's parent or person standing in |
|
parental relation to the student to request an individualized |
|
education program team [admission, review, and dismissal |
|
committee] meeting to discuss the possibility of conducting a |
|
functional behavioral assessment of the student and developing a |
|
plan for the student; |
|
(B) include in a student's special education |
|
eligibility school records: |
|
(i) a copy of the written notification |
|
provided to the student's parent or person standing in parental |
|
relation to the student under Paragraph (A); |
|
(ii) information on the method by which the |
|
written notification was sent to the parent or person; and |
|
(iii) the contact information for the |
|
parent or person to whom the district sent the notification; and |
|
(C) if the student has a behavior improvement |
|
plan or behavioral intervention plan, document each use of time-out |
|
prompted by a behavior of the student specified in the student's |
|
plan, including a description of the behavior that prompted the |
|
time-out. |
|
SECTION 37. Sections 37.004(a) and (b), Education Code, are |
|
amended to read as follows: |
|
(a) The placement of a student with a disability who |
|
receives special education services may be made only by a duly |
|
constituted individualized education program team [admission, |
|
review, and dismissal committee]. |
|
(b) Any disciplinary action regarding a student with a |
|
disability who receives special education services that would |
|
constitute a change in placement under federal law may be taken only |
|
after the student's individualized education program team |
|
[admission, review, and dismissal committee] conducts a |
|
manifestation determination review under 20 U.S.C. Section |
|
1415(k)(4) and its subsequent amendments. Any disciplinary action |
|
regarding the student shall be determined in accordance with |
|
federal law and regulations, including laws or regulations |
|
requiring the provision of: |
|
(1) functional behavioral assessments; |
|
(2) positive behavioral interventions, strategies, |
|
and supports; |
|
(3) behavioral intervention plans; and |
|
(4) the manifestation determination review. |
|
SECTION 38. Section 37.105(e), Education Code, is amended |
|
to read as follows: |
|
(e) If a parent or guardian of a child enrolled in a school |
|
district is refused entry to the district's property under this |
|
section, the district shall accommodate the parent or guardian to |
|
ensure that the parent or guardian may participate in the child's |
|
individualized education program team [admission, review, and |
|
dismissal committee] or in the child's team established under |
|
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in |
|
accordance with federal law. |
|
SECTION 39. Section 37.307(b), Education Code, is amended |
|
to read as follows: |
|
(b) The review under Section 37.306 of the placement of a |
|
student with a disability who receives special education services |
|
may be made only by a duly constituted individualized education |
|
program team [admission, review, and dismissal committee]. The |
|
individualized education program team [admission, review, and |
|
dismissal committee] may request that the board of trustees convene |
|
a committee described by Section 37.306(a) to assist the |
|
individualized education program team [admission, review, and |
|
dismissal committee] in conducting the review. |
|
SECTION 40. Sections 39.023(b), (c), and (d), Education |
|
Code, are amended to read as follows: |
|
(b) The agency shall develop or adopt appropriate |
|
criterion-referenced alternative assessment instruments to be |
|
administered to each student in a special education program under |
|
Subchapter A, Chapter 29, for whom an assessment instrument adopted |
|
under Subsection (a), even with allowable accommodations, would not |
|
provide an appropriate measure of student achievement, as |
|
determined by the student's individualized education program team |
|
[admission, review, and dismissal committee], including assessment |
|
instruments approved by the commissioner that measure growth. The |
|
assessment instruments developed or adopted under this subsection, |
|
including the assessment instruments approved by the commissioner, |
|
must, to the extent allowed under federal law, provide a district |
|
with options for the assessment of students under this subsection. |
|
The agency may not adopt a performance standard that indicates that |
|
a student's performance on the alternate assessment does not meet |
|
standards if the lowest level of the assessment accurately |
|
represents the student's developmental level as determined by the |
|
student's individualized education program team [admission, |
|
review, and dismissal committee]. |
|
(c) The agency shall also adopt end-of-course assessment |
|
instruments for secondary-level courses in Algebra I, biology, |
|
English I, English II, and United States history. The Algebra I |
|
end-of-course assessment instrument must be administered with the |
|
aid of technology, but may include one or more parts that prohibit |
|
the use of technology. The English I and English II end-of-course |
|
assessment instruments must each assess essential knowledge and |
|
skills in both reading and writing and must provide a single score. |
|
A school district shall comply with State Board of Education rules |
|
regarding administration of the assessment instruments listed in |
|
this subsection. If a student is in a special education program |
|
under Subchapter A, Chapter 29, the student's individualized |
|
education program team [admission, review, and dismissal |
|
committee] shall determine whether any allowable modification is |
|
necessary in administering to the student an assessment instrument |
|
required under this subsection. The State Board of Education shall |
|
administer the assessment instruments. An end-of-course assessment |
|
instrument may be administered in multiple parts over more than one |
|
day. The State Board of Education shall adopt a schedule for the |
|
administration of end-of-course assessment instruments that |
|
complies with the requirements of Subsection (c-3). |
|
(d) The commissioner may participate in multistate efforts |
|
to develop voluntary standardized end-of-course assessment |
|
instruments. The commissioner by rule may require a school district |
|
to administer an end-of-course assessment instrument developed |
|
through the multistate efforts. The individualized education |
|
program team [admission, review, and dismissal committee] of a |
|
student in a special education program under Subchapter A, Chapter |
|
29, shall determine whether any allowable modification is necessary |
|
in administering to the student an end-of-course assessment |
|
instrument. |
|
SECTION 41. Section 39.025(a-4), Education Code, is amended |
|
to read as follows: |
|
(a-4) The individualized education program team [admission, |
|
review, and dismissal committee] of a student in a special |
|
education program under Subchapter A, Chapter 29, shall determine |
|
whether, to receive a high school diploma, the student is required |
|
to achieve satisfactory performance on end-of-course assessment |
|
instruments. |
|
SECTION 42. Section 661.906, Government Code, is amended to |
|
read as follows: |
|
Sec. 661.906. FOSTER PARENTS. A state employee who is a |
|
foster parent to a child under the conservatorship of the |
|
Department of Protective and Regulatory Services is entitled to a |
|
leave of absence without a deduction in salary for the purpose of |
|
attending: |
|
(1) meetings held by the Department of Protective and |
|
Regulatory Services regarding the child under the foster care of |
|
the employee; or |
|
(2) an individualized education program team |
|
[admission, review, and dismissal] meeting held by a school |
|
district regarding the child under the foster care of the employee. |
|
SECTION 43. Section 29.301(1), Education Code, is repealed. |
|
SECTION 44. This Act takes effect September 1, 2023. |