81R1708 CAE-F
By: Shapiro S.B. No. 1301
A BILL TO BE ENTITLED
AN ACT
relating to the accessibility of services for certain students with
autism or autism spectrum disorder.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. AUTISM SERVICES ACCESSIBILITY PROGRAM
Sec. 29.401. DEFINITIONS. In this subchapter:
(1) "Parent" includes a guardian, custodian, or other
person with authority to act on behalf of a student.
(2) "Program" means the autism services accessibility
program for students described by this subchapter.
(3) "Qualifying school" means a nongovernmental
community-based educational establishment that provides for the
educational needs of students with autism. The term does not
include a school that provides education in a home setting or that
limits enrollment to relatives of the school's staff.
Sec. 29.402. PROGRAM. An eligible student under Section
29.403 may, at the option of the student's parent:
(1) attend any public school in the district in which
the student resides;
(2) attend a public school in a district other than the
district in which the student resides; or
(3) access services as provided by Section 29.406
through a qualifying school.
Sec. 29.403. ELIGIBLE STUDENT. (a) A student is eligible
to participate in the program if:
(1) the student is eligible to receive public school
services and is eligible under Section 29.003 to participate in a
school district's special education program;
(2) the student has been diagnosed with autism or
autism spectrum disorder; and
(3) an individualized educational program has been
developed for the student under Section 29.005.
(b) Each school year, a school district shall:
(1) provide written notice of the program to the
parent of a student who is eligible to participate in the program
under Subsection (a); and
(2) allow the parent an opportunity to enroll the
student in the program.
(c) A student who establishes eligibility under this
section may continue participating in the program until the earlier
of the date the student graduates from high school or the student's
22nd birthday.
Sec. 29.404. TRANSFER OF STATE AID BETWEEN SCHOOL
DISTRICTS. (a) Except as provided by Section 29.405, an eligible
student who as provided by Section 29.402(2) attends a public
school in a school district other than the district in which the
student resides is included in the average daily attendance of the
district in which the student resides for purposes of Chapters 41
and 42.
(b) The commissioner shall deduct an amount equal to the
amount of funding to which the school district in which the eligible
student resides is entitled under Chapter 42 for that student from
the total state aid to which that district is entitled and shall
transfer that amount to the district in which the student is
enrolled.
(c) If a student resides in a school district that does not
receive state aid under Chapter 42, the district in which the
student resides shall purchase attendance credits under Subchapter
D, Chapter 41, in an amount equal to the amount of funding the
district would receive for the student under Chapter 42 if the
district were entitled to state aid under that chapter, and the
commissioner shall transfer that amount to the school district in
which the student is enrolled.
Sec. 29.405. STATE AID IN CERTAIN CIRCUMSTANCES. An
eligible student who as provided by Section 29.402(2) attends a
public school in a school district other than the district in which
the student resides is counted in the average daily attendance of
the school district in which the student attends school if the total
amount of state aid that the enrolling district would receive by
counting the student in the district's average daily attendance is
greater than the amount of state aid the district would receive as a
result of receiving a transfer of funds from the district in which
the student resides under Section 29.404.
Sec. 29.406. FINANCING OF SERVICES PROVIDED BY QUALIFYING
SCHOOL. (a) For a student who attends a qualifying school under
this subchapter, a qualifying school is entitled to an annual
amount of funding that is equal to the amount of funding to which
the school district in which the student resides would be entitled
under Chapter 42 for the student. The agency shall directly
distribute the funding to the qualifying school.
(b) For an eligible student to participate in the program,
the parent of the student must apply to the agency on behalf of the
student not later than a date specified by the commissioner. The
application must specify the qualifying school the student plans to
attend and demonstrate that the student has been accepted for
admission by that school. On receiving the application from the
parent of an eligible student, the agency shall determine a
student's eligibility in accordance with rules adopted under
Section 29.414. If the agency determines that the student is
eligible for participation in the program, the agency shall notify
the student's parent of the student's eligibility.
(c) The agency shall direct the distribution of funds to the
qualifying school the student attends on a schedule adopted by the
agency after educational services have been provided. The agency
shall require that the qualifying school submit documentation of
the student's attendance before the agency directs funds to the
qualifying school.
(d) A student who attends a qualifying school under this
subchapter is included in the average daily attendance of the
school district in which the student resides for purposes of
determining the amount of the student's program funding. The
amount of the student's program funding is deducted from the total
state aid to which the school district is entitled. If a student
resides in a school district that does not receive state aid under
Chapter 42, the school district shall purchase attendance credits
under Subchapter D, Chapter 41, in an amount equal to the amount of
the student's program funding.
(e) The student's program funding is the entitlement of the
student, under the supervision of the student's parent, and not
that of any school.
(f) A qualifying school may not share a student's program
funding with or refund or rebate a student's program funding to the
parent or the student in any manner.
(g) A student's program funding may not be financed by money
appropriated from the available school fund.
Sec. 29.407. PARTICIPATION BY QUALIFYING SCHOOLS. (a) To
participate in the program, a qualifying school must:
(1) either:
(A) be accredited by an accrediting association
recognized by the commissioner to accredit nongovernmental schools
in this state; or
(B) have filed an application for accreditation
by an accrediting association described by Paragraph (A) that has
not been withdrawn, denied, or left pending for more than three
years;
(2) not advocate or foster unlawful behavior or teach
hatred of any person or group on the basis of race, ethnicity,
national origin, or religion;
(3) comply with all health and safety laws applicable
to nongovernmental schools; and
(4) hold a valid occupancy permit if required by the
municipality in which the school is located.
(b) A qualifying school must comply with all state laws
applicable to nongovernmental schools regarding criminal
background checks for employees and may not employ a person who is
not authorized under state law to work in a nongovernmental school.
Sec. 29.408. ADMISSIONS. (a) A qualifying school chosen by
an eligible student's parent under this subchapter may not deny
admission by discriminating on the basis of the student's race,
ethnicity, or national origin and must comply with the requirements
of:
(1) 42 U.S.C. Section 2000d et seq. with respect to
nondiscrimination on the basis of race, color, or national origin;
and
(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794), with respect to nondiscrimination on the basis of
disability.
(b) Except as provided by this subsection, a qualifying
school that has more qualified program applicants for attendance
under this subchapter than available positions must fill the
available program positions by a random selection process. To
achieve continuity in education, a school may give preference among
program applicants to a previously enrolled student and to other
students residing in the same household as a previously enrolled
student.
(c) A qualifying school may submit a written request for
student records from the public school previously attended by an
eligible student. Not later than the 10th working day after the
date the public school receives the request, the public school
shall deliver to the qualifying school a copy of the school's
complete student records for that student, including attendance
records, disciplinary records, past results of any assessment
instruments administered to the student, the student's
individualized educational program, and any other comprehensive
assessments from each school the student previously attended. A
public school that is required to release student records under
this subsection shall comply with any applicable provision of the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g).
Sec. 29.409. ACADEMIC ACCOUNTABILITY. (a) Each school
year, a qualifying school shall establish academic goals for each
eligible student enrolled in the school. The goals must be
developed in a manner similar to an individualized education
program developed under Section 29.005. At least every six weeks,
the school shall provide a report to the student's parent
describing the student's progress toward achieving the academic
goals developed for the student under this subsection.
(b) Each qualifying school that enrolls a student under this
subchapter shall annually administer in the spring:
(1) the appropriate assessment instrument required
under Section 39.023; or
(2) a nationally norm-referenced assessment
instrument approved by the agency.
(c) The school shall provide:
(1) the student's results on assessment instruments
required under Subsection (b) to the student's parent; and
(2) the aggregated results of the assessment
instruments required under Subsection (b) to the public.
Sec. 29.410. FINANCIAL SOLVENCY. The commissioner may
adopt rules requiring a qualifying school that accepts funding
under this subchapter to demonstrate financial solvency.
Sec. 29.411. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying
school that accepts funding under this subchapter is not an agent or
arm of the state or federal government.
(b) Except as provided by this subchapter, the
commissioner, the agency, the State Board of Education, or any
other state agency may not regulate the educational program of a
qualifying school that accepts funding under this subchapter.
(c) A qualifying school that accepts funding under this
subchapter is not required to implement an individualized education
program developed for the student under Section 29.005. The
student's parent and the qualifying school are responsible for
determining the services and educational program to be provided to
the student in accordance with the academic goals developed for the
student under Section 29.409(a).
Sec. 29.412. RESPONSIBILITIES OF PARENT AND STUDENT. (a)
It is the responsibility of the parent of an eligible student to:
(1) locate and select a qualifying school;
(2) apply for admission to the qualifying school; and
(3) apply in the manner provided under Section 29.406
for participation in the program.
(b) A student participating in the program must comply with
the student code of conduct of the qualifying school the student
attends. A student must attend the qualifying school each school
day unless the student is excused by the school for illness or other
good cause.
Sec. 29.413. TRANSFER. (a) An eligible student
participating in the program may transfer to a public school or
another qualifying school in the manner authorized by commissioner
rule. If a student transfers to another school under this section
after the beginning of the school year, the commissioner shall
prorate the amount of the student's program funding between the
qualifying schools or the qualifying school and the school
district, as applicable, according to the length of the student's
attendance at each school.
(b) The commissioner may adopt rules regarding the
frequency with which a parent may transfer an eligible student from
a qualifying school to another qualifying school or to a public
school.
Sec. 29.414. RULES. (a) The commissioner shall adopt rules
as necessary to implement, administer, and enforce the program,
including rules regarding:
(1) the calculation and distribution of payments for
qualifying schools;
(2) application and approval procedures for
qualifying school and student participation in the program,
including timelines for the application and approval procedures;
and
(3) student transfers under Section 29.413.
(b) A rule adopted under this section is binding on any
other state or local governmental entity, including a political
subdivision, as necessary to implement, administer, and enforce the
program.
Sec. 29.415. PROGRAM COMPLIANCE. (a) The agency shall
enforce this subchapter and any rule adopted under this subchapter
and may withhold funds from any district or qualifying school that
violates this subchapter or a rule adopted under this subchapter.
(b) The commissioner may revoke a qualifying school's
permission to participate in the program if the commissioner
determines that the school:
(1) has not met the requirements provided by this
subchapter;
(2) has intentionally and substantially
misrepresented information required by this subchapter; or
(3) has failed to refund to the state in a timely
manner any overpayment of program funding made to the school.
(c) If the commissioner revokes a qualifying school's
permission to participate in the program under Subsection (b), the
agency shall immediately notify the parent of an eligible student
attending the school of the revocation.
Sec. 29.416. LIABILITY. The agency is not civilly liable
for any action arising as the result of a student's participation in
the program.
Sec. 29.417. EVALUATION OF PROGRAM. (a) The commissioner
shall designate an impartial organization with experience in
evaluating programs similar to the program established under this
subchapter to conduct an annual evaluation of the program. The
evaluation must be conducted without the use of state funds.
(b) An evaluation under this section must compare
differences between qualifying schools and public schools and must
include consideration of:
(1) student satisfaction;
(2) parent satisfaction;
(3) behavioral problems of program students attending
qualifying schools as compared with students attending public
schools;
(4) class size;
(5) the fiscal impact to the state and school
districts;
(6) academic performance by comparable students as
measured by an assessment instrument required under Section
29.409(b);
(7) factors resulting in more than 25 percent of
eligible students in a school district attending a different school
district or a qualifying school under this subchapter; and
(8) the practices of a qualifying school that
contribute to any change in student behavior or academic
performance.
(c) The evaluation must apply appropriate analytical and
behavioral science methodologies to ensure public confidence in the
evaluation.
(d) Not later than December 1, 2012, the commissioner shall
submit to each member of the legislature a copy of the evaluation
conducted under this section.
(e) School districts and qualifying schools shall cooperate
with the organization conducting the evaluation and shall provide
student assessment instrument results and any other information
necessary to complete the evaluation in compliance with any
applicable provision of the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g).
(f) The agency may accept grants to assist in funding the
evaluation.
Sec. 29.418. APPLICATION OF SUNSET ACT. (a) The autism
services accessibility program is subject to Chapter 325,
Government Code (Texas Sunset Act), as if the program were a state
agency. Unless continued in existence as provided by that chapter,
the program is abolished and this subchapter expires September 1,
2019.
(b) To the extent Chapter 325, Government Code, imposes a
duty on a state agency under review, the agency shall perform that
duty as it relates to the program.
SECTION 2. (a) The Texas Education Agency shall make the
autism services accessibility program under Subchapter K, Chapter
29, Education Code, as added by this Act, available for
participation beginning with the 2010-2011 academic school year.
(b) As soon as practicable, the commissioner of education
shall adopt and implement rules necessary for the administration of
the program.
SECTION 3. This Act takes effect September 1, 2009.