Texas 2009 - 81st Regular

Texas Senate Bill SB1302 Compare Versions

Only one version of the bill is available at this time.

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1	1	81R7940 CAE-D
2	2	By: Shapiro S.B. No. 1302
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the accessibility of services for certain students with
8	8	autism or autism spectrum disorder.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 29, Education Code, is amended by adding
11	11	Subchapter K to read as follows:
12	12	SUBCHAPTER K. AUTISM SERVICES ACCESSIBILITY PROGRAM
13	13	Sec. 29.401. DEFINITIONS. In this subchapter:
14	14	(1) "Parent" includes a guardian, custodian, or other
15	15	person with authority to act on behalf of a student.
16	16	(2) "Program" means the autism services accessibility
17	17	program for students described by this subchapter.
18	18	(3) "Qualifying school" means a nongovernmental
19	19	community-based educational establishment that provides for the
20	20	educational needs of students with autism. The term does not
21	21	include a school that provides education in a home setting or that
22	22	limits enrollment to relatives of the school's staff.
23	23	Sec. 29.402. PROGRAM. An eligible student under Section
24	24	29.403 may, at the option of the student's parent:
25	25	(1) attend any public school in the district in which
26	26	the student resides;
27	27	(2) attend a public school in a district other than the
28	28	district in which the student resides; or
29	29	(3) access services as provided by Section 29.406
30	30	through a qualifying school.
31	31	Sec. 29.403. ELIGIBLE STUDENT. (a) A student is eligible
32	32	to participate in the program if:
33	33	(1) the student is, on September 1 of a school year, at
34	34	least three but less than 11 years of age and is otherwise eligible
35	35	to receive public school services and participate in a school
36	36	district's special education program;
37	37	(2) the student has been diagnosed with autism or
38	38	autism spectrum disorder; and
39	39	(3) an individualized education program has been
40	40	developed for the student under Section 29.005.
41	41	(b) Each school year, a school district shall:
42	42	(1) provide written notice of the program to the
43	43	parent of a student who is eligible to participate in the program
44	44	under Subsection (a); and
45	45	(2) allow the parent an opportunity to enroll the
46	46	student in the program.
47	47	(c) A student who establishes eligibility under this
48	48	section may continue participating in the program each school year
49	49	that the student is less than 11 years of age on September 1.
50	50	Sec. 29.404. TRANSFER OF STATE AID BETWEEN SCHOOL
51	51	DISTRICTS. (a) Except as provided by Section 29.405, an eligible
52	52	student who as provided by Section 29.402(2) attends a public
53	53	school in a school district other than the district in which the
54	54	student resides is included in the average daily attendance of the
55	55	district in which the student resides for purposes of Chapters 41
56	56	and 42.
57	57	(b) The commissioner shall deduct an amount equal to the
58	58	amount of funding to which the school district in which the eligible
59	59	student resides is entitled under Chapter 42 for that student from
60	60	the total state aid to which that district is entitled and shall
61	61	transfer that amount to the district in which the student is
62	62	enrolled.
63	63	(c) If a student resides in a school district that does not
64	64	receive state aid under Chapter 42, the district in which the
65	65	student resides shall purchase attendance credits under Subchapter
66	66	D, Chapter 41, in an amount equal to the amount of funding the
67	67	district would receive for the student under Chapter 42 if the
68	68	district were entitled to state aid under that chapter, and the
69	69	commissioner shall transfer that amount to the school district in
70	70	which the student is enrolled.
71	71	Sec. 29.405. STATE AID IN CERTAIN CIRCUMSTANCES. An
72	72	eligible student who as provided by Section 29.402(2) attends a
73	73	public school in a school district other than the district in which
74	74	the student resides is counted in the average daily attendance of
75	75	the school district in which the student attends school if the total
76	76	amount of state aid that the enrolling district would receive by
77	77	counting the student in the district's average daily attendance is
78	78	greater than the amount of state aid the district would receive as a
79	79	result of receiving a transfer of funds from the district in which
80	80	the student resides under Section 29.404.
81	81	Sec. 29.406. FINANCING OF SERVICES PROVIDED BY QUALIFYING
82	82	SCHOOL. (a) For a student who attends a qualifying school under
83	83	this subchapter, a qualifying school is entitled to an annual
84	84	amount of funding that is equal to the amount of funding to which
85	85	the school district in which the student resides would be entitled
86	86	under Chapter 42 for the student. The agency shall directly
87	87	distribute the funding to the qualifying school.
88	88	(b) For an eligible student to participate in the program,
89	89	the parent of the student must apply to the agency on behalf of the
90	90	student not later than a date specified by the commissioner. The
91	91	application must specify the qualifying school the student plans to
92	92	attend and demonstrate that the student has been accepted for
93	93	admission by that school. On receiving the application from the
94	94	parent of an eligible student, the agency shall determine a
95	95	student's eligibility in accordance with rules adopted under
96	96	Section 29.415. If the agency determines that the student is
97	97	eligible for participation in the program, the agency shall notify
98	98	the student's parent of the student's eligibility.
99	99	(c) The agency shall direct the distribution of funds to the
100	100	qualifying school the student attends on a schedule adopted by the
101	101	agency after educational services have been provided. The agency
102	102	shall require that the qualifying school submit documentation of
103	103	the student's attendance before the agency directs funds to the
104	104	qualifying school.
105	105	(d) A student who attends a qualifying school under this
106	106	subchapter is included in the average daily attendance of the
107	107	school district in which the student resides for purposes of
108	108	determining the amount of the student's program funding. The
109	109	amount of the student's program funding is deducted from the total
110	110	state aid to which the school district is entitled. If a student
111	111	resides in a school district that does not receive state aid under
112	112	Chapter 42, the school district shall purchase attendance credits
113	113	under Subchapter D, Chapter 41, in an amount equal to the amount of
114	114	the student's program funding.
115	115	(e) The student's program funding is the entitlement of the
116	116	student, under the supervision of the student's parent, and not
117	117	that of any school.
118	118	(f) A qualifying school may not share a student's program
119	119	funding with or refund or rebate a student's program funding to the
120	120	parent or the student in any manner.
121	121	(g) A student's program funding may not be financed by money
122	122	appropriated from the available school fund.
123	123	Sec. 29.407. PARTICIPATION BY QUALIFYING SCHOOLS. (a) To
124	124	participate in the program, a qualifying school must:
125	125	(1) either:
126	126	(A) be accredited by an accrediting association
127	127	recognized by the commissioner to accredit nongovernmental schools
128	128	in this state; or
129	129	(B) have filed an application for accreditation
130	130	by an accrediting association described by Paragraph (A) that has
131	131	not been withdrawn, denied, or left pending for more than three
132	132	years;
133	133	(2) not advocate or foster unlawful behavior or teach
134	134	hatred of any person or group on the basis of race, ethnicity,
135	135	national origin, or religion;
136	136	(3) comply with all health and safety laws applicable
137	137	to nongovernmental schools; and
138	138	(4) hold a valid occupancy permit if required by the
139	139	municipality in which the school is located.
140	140	(b) A qualifying school must comply with all state laws
141	141	applicable to nongovernmental schools regarding criminal
142	142	background checks for employees and may not employ a person who is
143	143	not authorized under state law to work in a nongovernmental school.
144	144	Sec. 29.408. ADMISSIONS. (a) A qualifying school chosen by
145	145	an eligible student's parent under this subchapter may not deny
146	146	admission by discriminating on the basis of the student's race,
147	147	ethnicity, or national origin and must comply with the requirements
148	148	of:
149	149	(1) 42 U.S.C. Section 2000d et seq. with respect to
150	150	nondiscrimination on the basis of race, color, or national origin;
151	151	and
152	152	(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
153	153	Section 794), with respect to nondiscrimination on the basis of
154	154	disability.
155	155	(b) Except as provided by this subsection, a qualifying
156	156	school that has more qualified program applicants for attendance
157	157	under this subchapter than available positions must fill the
158	158	available program positions by a random selection process. To
159	159	achieve continuity in education, a school may give preference among
160	160	program applicants to a previously enrolled student and to other
161	161	students residing in the same household as a previously enrolled
162	162	student.
163	163	(c) A qualifying school may submit a written request for
164	164	student records from the public school previously attended by an
165	165	eligible student. Not later than the 10th working day after the
166	166	date the public school receives the request, the public school
167	167	shall deliver to the qualifying school a copy of the school's
168	168	complete student records for that student, including attendance
169	169	records, disciplinary records, past results of any assessment
170	170	instruments administered to the student, the student's
171	171	individualized education program, and any other comprehensive
172	172	assessments from each school the student previously attended. A
173	173	public school that is required to release student records under
174	174	this subsection shall comply with any applicable provision of the
175	175	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
176	176	Section 1232g).
177	177	Sec. 29.409. ACADEMIC ACCOUNTABILITY. (a) Each school
178	178	year, a qualifying school shall establish academic goals for each
179	179	eligible student enrolled in the school. The goals must be
180	180	developed in a manner similar to an individualized education
181	181	program developed under Section 29.005. At least every six weeks,
182	182	the school shall provide a report to the student's parent
183	183	describing the student's progress toward achieving the academic
184	184	goals developed for the student under this subsection.
185	185	(b) Each qualifying school that enrolls a student under this
186	186	subchapter shall annually administer in the spring:
187	187	(1) the appropriate assessment instrument required
188	188	under Section 39.023; or
189	189	(2) a nationally norm-referenced assessment
190	190	instrument approved by the agency.
191	191	(c) The school shall provide:
192	192	(1) the student's results on assessment instruments
193	193	required under Subsection (b) to the student's parent; and
194	194	(2) the aggregated results of the assessment
195	195	instruments required under Subsection (b) to the public.
196	196	Sec. 29.410. ANNUAL REVIEW. (a) Within the final two months
197	197	of each school year, the parent of a student enrolled in a
198	198	qualifying school must meet with the admission, review, and
199	199	dismissal committee that was formed by the school district in which
200	200	the student resides to develop the student's individualized
201	201	education program. At the meeting, the parent and committee must:
202	202	(1) review the student's progress while enrolled in
203	203	the qualifying school;
204	204	(2) set goals for the upcoming school year; and
205	205	(3) set goals with specific timelines for the
206	206	potential transition of the student back into the public school
207	207	system.
208	208	(b) Notwithstanding Section 29.406, the commissioner shall
209	209	adjust the funding provisions specified by that section as
210	210	necessary to permit the school district that facilitates the
211	211	meeting required by Subsection (a) to retain $100 each year to pay
212	212	costs associated with the meeting.
213	213	Sec. 29.411. FINANCIAL SOLVENCY. The commissioner may
214	214	adopt rules requiring a qualifying school that accepts funding
215	215	under this subchapter to demonstrate financial solvency.
216	216	Sec. 29.412. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying
217	217	school that accepts funding under this subchapter is not an agent or
218	218	arm of the state or federal government.
219	219	(b) Except as provided by this subchapter, the
220	220	commissioner, the agency, the State Board of Education, or any
221	221	other state agency may not regulate the educational program of a
222	222	qualifying school that accepts funding under this subchapter.
223	223	(c) A qualifying school that accepts funding under this
224	224	subchapter is not required to implement an individualized education
225	225	program developed for the student under Section 29.005. The
226	226	student's parent and the qualifying school are responsible for
227	227	determining the services and educational program to be provided to
228	228	the student in accordance with the academic goals developed for the
229	229	student under Section 29.409(a).
230	230	Sec. 29.413. RESPONSIBILITIES OF PARENT AND STUDENT. (a)
231	231	It is the responsibility of the parent of an eligible student to:
232	232	(1) locate and select a qualifying school;
233	233	(2) apply for admission to the qualifying school; and
234	234	(3) apply in the manner provided under Section 29.406
235	235	for participation in the program.
236	236	(b) A student participating in the program must comply with
237	237	the student code of conduct of the qualifying school the student
238	238	attends. A student must attend the qualifying school each school
239	239	day unless the student is excused by the school for illness or other
240	240	good cause.
241	241	Sec. 29.414. TRANSFER. (a) An eligible student
242	242	participating in the program may transfer to a public school or
243	243	another qualifying school in the manner authorized by commissioner
244	244	rule. If a student transfers to another school under this section
245	245	after the beginning of the school year, the commissioner shall
246	246	prorate the amount of the student's program funding between the
247	247	qualifying schools or the qualifying school and the school
248	248	district, as applicable, according to the length of the student's
249	249	attendance at each school.
250	250	(b) The commissioner may adopt rules regarding the
251	251	frequency with which a parent may transfer an eligible student from
252	252	a qualifying school to another qualifying school or to a public
253	253	school.
254	254	Sec. 29.415. RULES. (a) The commissioner shall adopt rules
255	255	as necessary to implement, administer, and enforce the program,
256	256	including rules regarding:
257	257	(1) the calculation and distribution of payments for
258	258	qualifying schools;
259	259	(2) application and approval procedures for
260	260	qualifying school and student participation in the program,
261	261	including timelines for the application and approval procedures;
262	262	and
263	263	(3) student transfers under Section 29.414.
264	264	(b) A rule adopted under this section is binding on any
265	265	other state or local governmental entity, including a political
266	266	subdivision, as necessary to implement, administer, and enforce the
267	267	program.
268	268	Sec. 29.416. PROGRAM COMPLIANCE. (a) The agency shall
269	269	enforce this subchapter and any rule adopted under this subchapter
270	270	and may withhold funds from any district or qualifying school that
271	271	violates this subchapter or a rule adopted under this subchapter.
272	272	(b) The commissioner may revoke a qualifying school's
273	273	permission to participate in the program if the commissioner
274	274	determines that the school:
275	275	(1) has not met the requirements provided by this
276	276	subchapter;
277	277	(2) has intentionally and substantially
278	278	misrepresented information required by this subchapter; or
279	279	(3) has failed to refund to the state in a timely
280	280	manner any overpayment of program funding made to the school.
281	281	(c) If the commissioner revokes a qualifying school's
282	282	permission to participate in the program under Subsection (b), the
283	283	agency shall immediately notify the parent of an eligible student
284	284	attending the school of the revocation.
285	285	Sec. 29.417. LIABILITY. The agency is not civilly liable
286	286	for any action arising as the result of a student's participation in
287	287	the program.
288	288	Sec. 29.418. EVALUATION OF PROGRAM. (a) The commissioner
289	289	shall designate an impartial organization with experience in
290	290	evaluating programs similar to the program established under this
291	291	subchapter to conduct an annual evaluation of the program. The
292	292	evaluation must be conducted without the use of state funds.
293	293	(b) An evaluation under this section must compare
294	294	differences between qualifying schools and public schools and must
295	295	include consideration of:
296	296	(1) student satisfaction;
297	297	(2) parent satisfaction;
298	298	(3) behavioral problems of program students attending
299	299	qualifying schools as compared with students attending public
300	300	schools;
301	301	(4) class size;
302	302	(5) the fiscal impact to the state and school
303	303	districts;
304	304	(6) academic performance by comparable students as
305	305	measured by an assessment instrument required under Section
306	306	29.409(b);
307	307	(7) factors resulting in more than 25 percent of
308	308	eligible students in a school district attending a different school
309	309	district or a qualifying school under this subchapter; and
310	310	(8) the practices of a qualifying school that
311	311	contribute to any change in student behavior or academic
312	312	performance.
313	313	(c) The evaluation must apply appropriate analytical and
314	314	behavioral science methodologies to ensure public confidence in the
315	315	evaluation.
316	316	(d) Not later than December 1, 2012, the commissioner shall
317	317	submit to each member of the legislature a copy of the evaluation
318	318	conducted under this section.
319	319	(e) School districts and qualifying schools shall cooperate
320	320	with the organization conducting the evaluation and shall provide
321	321	student assessment instrument results and any other information
322	322	necessary to complete the evaluation in compliance with any
323	323	applicable provision of the Family Educational Rights and Privacy
324	324	Act of 1974 (20 U.S.C. Section 1232g).
325	325	(f) The agency may accept grants to assist in funding the
326	326	evaluation.
327	327	Sec. 29.419. APPLICATION OF SUNSET ACT. (a) The autism
328	328	services accessibility program is subject to Chapter 325,
329	329	Government Code (Texas Sunset Act), as if the program were a state
330	330	agency. Unless continued in existence as provided by that chapter,
331	331	the program is abolished and this subchapter expires September 1,
332	332	2019.
333	333	(b) To the extent Chapter 325, Government Code, imposes a
334	334	duty on a state agency under review, the agency shall perform that
335	335	duty as it relates to the program.
336	336	SECTION 2. (a) The Texas Education Agency shall make the
337	337	autism services accessibility program under Subchapter K, Chapter
338	338	29, Education Code, as added by this Act, available for
339	339	participation beginning with the 2010-2011 academic school year.
340	340	(b) As soon as practicable, the commissioner of education
341	341	shall adopt and implement rules necessary for the administration of
342	342	the program.
343	343	SECTION 3. This Act takes effect September 1, 2009.