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A BILL TO BE ENTITLED
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AN ACT
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relating to the statewide plan for special education and assistance |
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to public school districts in providing special education programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 8.051(d), Education Code, is amended to |
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read as follows: |
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(d) Each regional education service center shall maintain |
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core services for purchase by school districts and campuses. The |
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core services are: |
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(1) training and assistance in: |
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(A) teaching each subject area assessed under |
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Section 39.023; and |
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(B) providing instruction in personal financial |
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literacy as required under Section 28.0021; |
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(2) training and assistance in providing each program |
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that qualifies for a funding allotment under Section 42.151, |
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42.152, 42.153, or 42.156; |
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(3) assistance specifically designed for a school |
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district or campus assigned an unacceptable performance rating |
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under Section 39.054; |
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(4) training and assistance to teachers, |
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administrators, members of district boards of trustees, and members |
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of site-based decision-making committees; |
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(5) assistance specifically designed for a school |
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district that is considered: |
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(A) out of compliance with state or federal |
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special education requirements, based on the agency's most recent |
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compliance review of the district's special education programs; or |
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(B) in need of intervention or substantial |
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intervention based on the agency's most recent determination |
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regarding the district's special education programs under 34 C.F.R. |
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Section 300.600(a)(2); and |
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(6) assistance in complying with state laws and rules. |
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SECTION 2. 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, the |
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Texas Higher Education Coordinating Board, and the State Board for |
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Educator Certification and 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 are |
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accurate and complete; |
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(6) ensure that [appropriately trained] personnel |
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[are] involved in the diagnostic and evaluative procedures |
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operating in all districts: |
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(A) are appropriately trained, including |
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training in linguistic and culturally appropriate evaluations; |
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(B) have appropriate assessment instruments |
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available, including assessment instruments in languages other |
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than English to the extent possible; and |
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(C) [that those personnel] routinely serve on |
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district 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) that provides for notification to the |
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student's parent or legal guardian of that response. |
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SECTION 3. This Act applies beginning with the 2017-2018 |
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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, 2017. |