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AN ACT
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relating to the development of an individualized education program |
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for a child in public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.001, Education Code, is amended to |
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read as follows: |
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Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and |
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modify as necessary, a statewide design, consistent with federal |
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law, for the delivery of services to children with disabilities in |
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this state that includes rules for the administration and funding |
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of the special education program so that a free appropriate public |
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education is available to all of those children between the ages of |
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three and 21. The statewide design shall include the provision of |
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services primarily through school districts and shared services |
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arrangements, supplemented by regional education service centers. |
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The agency shall also develop and implement a statewide plan with |
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programmatic content that includes procedures designed to: |
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(1) ensure state compliance with requirements for |
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supplemental federal funding for all state-administered programs |
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involving the delivery of instructional or related services to |
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students with disabilities; |
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(2) facilitate interagency coordination when other |
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state agencies are involved in the delivery of instructional or |
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related services to students with disabilities; |
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(3) periodically assess statewide personnel needs in |
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all areas of specialization related to special education and pursue |
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strategies to meet those needs through a consortium of |
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representatives from regional education service centers, local |
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education agencies, and institutions of higher education and |
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through other available alternatives; |
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(4) ensure that regional education service centers |
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throughout the state maintain a regional support function, which |
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may include direct service delivery and a component designed to |
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facilitate the placement of students with disabilities who cannot |
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be appropriately served in their resident districts; |
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(5) allow the agency to effectively monitor and |
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periodically conduct site visits of all school districts to ensure |
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that rules adopted under this section are applied in a consistent |
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and uniform manner, to ensure that districts are complying with |
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those rules, and to ensure that annual statistical reports filed by |
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the districts and not otherwise available through the Public |
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Education Information Management System under Section 42.006[,] |
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are accurate and complete; |
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(6) ensure that appropriately trained personnel are |
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involved in the diagnostic and evaluative procedures operating in |
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all districts and that those personnel routinely serve on district |
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admissions, review, and dismissal committees; |
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(7) ensure that an individualized education program |
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for each student with a disability is properly developed, |
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implemented, and maintained in the least restrictive environment |
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that is appropriate to meet the student's educational needs; |
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(8) ensure that, when appropriate, each student with a |
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disability is provided an opportunity to participate in career and |
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technology and physical education classes, in addition to |
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participating in regular or special classes; |
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(9) ensure that each student with a disability is |
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provided necessary related services; |
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(10) ensure that an individual assigned to act as a |
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surrogate parent for a child with a disability, as provided by 20 |
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U.S.C. Section 1415(b), is required to: |
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(A) complete a training program that complies |
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with minimum standards established by agency rule; |
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(B) visit the child and the child's school; |
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(C) consult with persons involved in the child's |
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education, including teachers, caseworkers, court-appointed |
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volunteers, guardians ad litem, attorneys ad litem, foster parents, |
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and caretakers; |
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(D) review the child's educational records; |
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(E) attend meetings of the child's admission, |
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review, and dismissal committee; |
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(F) exercise independent judgment in pursuing |
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the child's interests; and |
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(G) exercise the child's due process rights under |
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applicable state and federal law; and |
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(11) ensure that each district develops a process to |
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be used by a teacher who instructs a student with a disability in a |
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regular classroom setting: |
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(A) to request a review of the student's |
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individualized education program; |
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(B) to provide input in the development of the |
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student's individualized education program; |
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(C) that provides for a timely district response |
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to the teacher's request; and |
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(D) [(C)] that provides for notification to the |
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student's parent or legal guardian of that response. |
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SECTION 2. Section 29.005, Education Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (b-1) to |
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read as follows: |
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(a) Before a child is enrolled in a special education |
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program of a school district, the district shall establish a |
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committee composed of the persons required under 20 U.S.C. Section |
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1414(d) [1401(11)] to develop the child's individualized education |
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program. If a committee is required to include a regular education |
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teacher, the regular education teacher included must, to the extent |
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practicable, be a teacher who is responsible for implementing a |
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portion of the child's individualized education program. |
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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 child's parents, the |
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adult student, if applicable, and the administrator agreed or |
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disagreed with the decisions of the committee. |
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(c) If the individualized education program is not |
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developed by agreement, the written statement of the program |
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required under 20 U.S.C. Section 1414(d) [1401(11)] must include |
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the basis of the disagreement. Each member of the committee who |
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disagrees with the individualized education program developed by |
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the committee is entitled to include a statement of disagreement in |
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the written statement of the program. |
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SECTION 3. This Act applies beginning with the 2015-2016 |
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school year. |
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SECTION 4. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 1259 passed the Senate on |
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May 12, 2015, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1259 passed the House on |
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May 27, 2015, by the following vote: Yeas 139, Nays 5, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |