Texas 2009 - 81st Regular

Texas Senate Bill SB1489 Compare Versions

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1	1	By: Watson, Zaffirini S.B. No. 1489
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to optional dispute resolution methods for school
7	7	districts and parents of students seeking or receiving special
8	8	education services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 29, Education Code, is
11	11	amended by adding Sections 29.020 and 29.021 to read as follows:
12	12	Sec. 29.020. OPTIONAL DISPUTE RESOLUTION METHODS. (a) A
13	13	school district shall make available and provide information to
14	14	parents regarding optional dispute resolution methods that may be
15	15	used when a dispute arises between the district and a parent of a
16	16	student with a disability regarding:
17	17	(1) identification of the student as a student
18	18	entitled to special education services;
19	19	(2) evaluation or educational placement of the
20	20	student; or
21	21	(3) the provision of a free appropriate public
22	22	education to the student.
23	23	(b) A school district's optional dispute resolution
24	24	methods:
25	25	(1) must include:
26	26	(A) requesting mediation through the agency in
27	27	accordance with 20 U.S.C. Section 1415(e) and 34 C.F.R. Section
28	28	300.506;
29	29	(B) requesting independent individualized
30	30	education program facilitation, as described by Section 29.021, if
31	31	the district is included within the boundaries of a regional
32	32	education service center participating in the pilot program
33	33	implemented under that section; and
34	34	(C) filing a complaint with the agency in
35	35	accordance with 34 C.F.R. Section 300.153; and
36	36	(2) may include:
37	37	(A) convening a meeting of a student's admission,
38	38	review, and dismissal committee;
39	39	(B) meeting with a student's teachers;
40	40	(C) meeting with one or more of the following:
41	41	(i) a campus administrator;
42	42	(ii) the district special education
43	43	director or the director of a shared services arrangement under
44	44	Section 29.007 to which the district is a party;
45	45	(iii) the district superintendent; or
46	46	(iv) the board of trustees of the district;
47	47	and
48	48	(D) requesting individualized education program
49	49	facilitation similar to the facilitation provided under the pilot
50	50	program implemented under Section 29.021, except that facilitation
51	51	may be provided by either an independent facilitator or a district
52	52	employee serving as the facilitator.
53	53	(c) The use of an optional dispute resolution method made
54	54	available under this section and the availability of those methods
55	55	may not in any manner be used to deny or delay the right to a special
56	56	education due process hearing in accordance with federal law.
57	57	(d) Notwithstanding Subsection (c), on the filing of a
58	58	request for a special education due process hearing in accordance
59	59	with federal law, the school district and the parent shall be
60	60	provided with the opportunity to attempt to resolve the dispute
61	61	between the district and the parent through the agency's mediation
62	62	process, provided that both the school district and the parent
63	63	agree to participate in the mediation.
64	64	(e) If a school district and a parent participate in
65	65	mediation under this section:
66	66	(1) the fact that the mediation occurred is not
67	67	admissible into evidence in any subsequent proceeding involving the
68	68	subject matter of the mediation;
69	69	(2) the mediator may not be subpoenaed to testify
70	70	regarding the subject matter of the mediation at any subsequent
71	71	special education due process hearing or civil action arising under
72	72	federal special education law; and
73	73	(3) the school district and parent are not entitled to
74	74	access to any records created by the mediator in connection with the
75	75	mediation.
76	76	(f) Unless specifically provided otherwise by federal or
77	77	other state law, the participation of an individualized education
78	78	program facilitator in the development of a student's
79	79	individualized education program does not violate confidentiality
80	80	provisions under federal or state law.
81	81	(g) If a school district chooses to offer individualized
82	82	education program facilitation under Subsection (b)(2)(D), the
83	83	facilitation must be provided at no cost to a parent.
84	84	(h) The commissioner shall adopt rules necessary to
85	85	implement this section.
86	86	Sec. 29.021. PILOT PROGRAM FOR INDEPENDENT INDIVIDUALIZED
87	87	EDUCATION PROGRAM FACILITATION. (a) The agency shall develop an
88	88	independent individualized education program facilitation process
89	89	as a method of alternative dispute resolution.
90	90	(b) The agency shall implement the process developed under
91	91	Subsection (a) on a pilot program basis within the boundaries of
92	92	three regional education service centers selected by the
93	93	commissioner for that purpose. Not more than 500 facilitations may
94	94	be conducted under the pilot program.
95	95	(c) Notwithstanding Subsection (b), if the commissioner
96	96	determines that adequate funding is available, the commissioner may
97	97	authorize:
98	98	(1) the expansion of the pilot program to additional
99	99	areas; or
100	100	(2) a greater number of facilitations than the limit
101	101	specified under that subsection.
102	102	(d) The commissioner shall select the participating
103	103	regional education service centers based on criteria established by
104	104	the commissioner. The selection criteria must include criteria
105	105	relating to:
106	106	(1) the geographic location of a center;
107	107	(2) student enrollment within the boundaries of a
108	108	center;
109	109	(3) the number of formal complaints regarding special
110	110	education issues filed by persons within the boundaries of a
111	111	center; and
112	112	(4) the number of mediations and special education due
113	113	process hearings requested by persons within the boundaries of a
114	114	center.
115	115	(e) The facilitation process may be used when a school
116	116	district located within the boundaries of a participating regional
117	117	education service center and the parents of a student with a
118	118	disability agree on the value of involving an impartial facilitator
119	119	in the procedures used to develop the student's individualized
120	120	education program.
121	121	(f) The role of a facilitator under the facilitation process
122	122	developed under this section is to assist in creating an atmosphere
123	123	for fair communication and the successful development of a
124	124	student's individualized education program.
125	125	(g) Each participating regional education service center
126	126	shall develop a network of impartial facilitators to be made
127	127	available on request to school districts and parents that choose to
128	128	use the facilitation process developed under this section.
129	129	Facilitators must be provided at no cost to a school district or
130	130	parent.
131	131	(h) The commissioner shall adopt rules necessary to
132	132	implement this section.
133	133	(i) Not later than January 1, 2011, the agency shall submit
134	134	a report to the legislature regarding the implementation and
135	135	effectiveness of the pilot program. This subsection expires
136	136	September 1, 2011.
137	137	SECTION 2. This Act applies beginning with the 2009-2010
138	138	school year.
139	139	SECTION 3. This Act does not make an appropriation. A
140	140	provision in this Act that creates a new governmental program,
141	141	creates a new entitlement, or imposes a new duty on a governmental
142	142	entity is not mandatory during a fiscal period for which the
143	143	legislature has not made a specific appropriation to implement the
144	144	provision, unless funding is provided from another source such as
145	145	federal funds.
146	146	SECTION 4. This Act takes effect immediately if it receives
147	147	a vote of two-thirds of all the members elected to each house, as
148	148	provided by Section 39, Article III, Texas Constitution. If this
149	149	Act does not receive the vote necessary for immediate effect, this
150	150	Act takes effect September 1, 2009.