81R8265 CAS-D
By: Shapiro, Lucio S.B. No. 2083
A BILL TO BE ENTITLED
AN ACT
relating to surveys concerning school district and open-enrollment
charter school special education programs and grants to districts,
campuses, and open-enrollment charter schools that perform well on
the surveys and on other indicators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.022-29.029 to read as follows:
Sec. 29.022. SPECIAL EDUCATION SURVEYS: DEVELOPMENT AND
DESIGN. (a) The agency shall develop an Internet-based data
collection platform that each school district and open-enrollment
charter school shall use to conduct surveys concerning:
(1) each student participating in the district's or
school's special education program;
(2) each student who has participated in the
district's or school's special education program and has graduated
from a district or school high school; and
(3) each student who has withdrawn from the district's
or school's special education program.
(b) The agency shall develop questions and a structure for
each survey required under Subsection (a) so that each survey is
designed to be completed in 15 minutes or less. In developing the
surveys, the agency shall:
(1) to the extent practicable, consult with one or
more national organizations with expertise in postsecondary
education, employment, or life skills for persons with
disabilities; and
(2) consult with:
(A) parents of students eligible under Section
29.003 to participate in a district or school special education
program;
(B) teachers who teach in special education
programs;
(C) school administrators; and
(D) other persons with significant interest or
expertise in special education, including:
(i) one person appointed by the presiding
officer of the standing committee in the senate with primary
jurisdiction over public education; and
(ii) one person appointed by the presiding
officer of the standing committee in the house of representatives
with primary jurisdiction over public education.
(c) A survey under Subsection (a)(1) shall be:
(1) designed to determine, among other information,
whether the person completing the survey:
(A) believes that the student is appropriately
progressing academically and, as appropriate based on the
grade-level or age of the student, toward living independently and
working competitively;
(B) has, as appropriate based on the person
completing the survey, an understanding of the educational rights
under federal law of a student with a disability; and
(C) is satisfied with admission, review, and
dismissal committee meetings, conflict resolution procedures and
outcomes, the level of due process provided in the special
education program, the amount and type of teacher training, teacher
retention, and, as applicable, the availability of student and
parent contact information; and
(2) disaggregated by type of disability and by
preschool, including early childhood, or primary or secondary
school grade-level or age of the student.
(d) A survey under Subsection (a)(2) shall be designed to
determine, among other information, whether the student is:
(1) attending a postsecondary educational institution
and, if so, the type of institution;
(2) living independently; and
(3) employed and, if so, the type of employment.
(e) A survey under Subsection (a)(3) shall be designed to
determine, among other information, the reason for the student's
withdrawal from the special education program, such as a change of
residence or a decision to educate the student at home or in a
private setting.
Sec. 29.023. SPECIAL EDUCATION SURVEYS: ADMINISTRATION AND
RESULTS. (a) A school district shall conduct the surveys developed
under Section 29.022 as follows:
(1) for a survey under Section 29.022(a)(1), once each
school year, after an admission, review, and dismissal committee
meeting;
(2) for a survey under Section 29.022(a)(2),
approximately 12 months and again approximately 60 months after the
date of a student's graduation; and
(3) for a survey under Section 29.022(a)(3),
approximately 12 months after the last day of the school year in
which the student withdrew from the district's or school's special
education program.
(b) For a survey under Section 29.022(a)(1), a school
district or open-enrollment charter school shall conduct separate
surveys of the parent of a student participating in the district or
school special education program, each teacher of the student, each
paraprofessional working with the student, and, to the extent
practicable, the student. For a survey under Section 29.022(a)(2)
or (3), a district or school shall conduct a separate survey of the
parent of each student who has participated in the district's or
school's special education program and, to the extent practicable,
each student.
(c) The agency shall develop a statewide Internet-based
information system that the agency posts on the agency's Internet
website and that provides current and historical survey results for
each school district, campus, and open-enrollment charter school
that are disaggregated by students' type of disability and by
students' preschool or grade-level range or age. In addition, the
information system must rank districts, campuses, and schools
among, as determined by the agency, peer institutions in this state
and, if practicable, nationally, based on:
(1) accomplishments by students and satisfaction with
special education programs, as indicated by the surveys conducted
under this section; and
(2) other indicators established by law and rules, as
determined appropriate by the agency, including the indicator under
Section 39.051(b)(12) and the districts', campuses', or schools'
current special education compliance status with the agency.
Sec. 29.024. SPECIAL EDUCATION REPORT CARD. The agency
shall develop and each school district or open-enrollment charter
school shall provide to the parent of each student participating in
the district's or school's special education program, before each
admission, review, and dismissal committee meeting, a special
education report card. The report card must indicate the discrete
and relative performance, disaggregated by students' type of
disability and by students' preschool or grade-level range or age,
of the district and campus or school on:
(1) issues surveyed under Sections 29.022 and 29.023;
and
(2) other indicators established by law and rules, as
determined appropriate by the agency, including the indicator under
Section 39.051(b)(12) and the district's and campus's or school's
current special education compliance status with the agency.
Sec. 29.025. SPECIAL EDUCATION SUCCESS GRANTS. (a) To the
extent funds are available, the agency shall award grants to school
districts, campuses, and open-enrollment charter schools with high
rankings under the information system under Section 29.023(c).
(b) The commissioner shall by rule adopt criteria on which
to base a grant award under this section, for grouping districts,
campuses, and open-enrollment charter schools based on the number
of students enrolled in the program and other factors, and for
distinguishing among districts, campuses, and schools. The rule
must require a district, campus, or school, before receiving an
award, to provide a detailed, written description of the special
education program, especially the aspects of the program that have
led to student success. The agency shall post each description on
the agency's Internet website and shall provide copies to school
districts, open-enrollment charter schools, and regional education
service centers and, on request, to members of the public.
(c) The total amount of grant awards under this section may
not exceed $2 million per year.
Sec. 29.026. SPECIAL EDUCATION SURVEYS: ANALYSIS. The
agency shall periodically perform a statistical analysis to isolate
particular results of surveys conducted under Sections 29.022 and
29.023 that predict student success. The agency shall post the
results of the analysis, without using any personally identifiable
student information, on the agency's Internet website and shall
provide copies of the results to school districts, open-enrollment
charter schools, and regional education service centers and, on
request, to members of the public. In addition, on request, the
agency shall make the information available to persons providing
research, members of special education advocacy groups, and other
interested persons.
Sec. 29.027. PARENT AND TEACHER CONTACT INFORMATION. The
agency shall provide a method by which parents and teachers of
students who have participated in a special education program and
completed a survey under Section 29.023 may, through the agency,
provide contact information to persons who provide training,
advocacy, or other targeted assistance in creating academic success
for students in special education programs.
Sec. 29.028. RULES. The commissioner shall adopt rules as
necessary to administer Sections 29.022-29.027.
Sec. 29.029. SPECIAL EDUCATION SURVEYS: IMPLEMENTATION
PLAN. Not later than January 1, 2010, the agency shall submit to
the governor, lieutenant governor, speaker of the house of
representatives, and presiding officers of the standing committees
of each house of the legislature with primary jurisdiction over
public education a plan for implementing the requirements of
Sections 29.022-29.027. Not later than June 15, 2010, school
districts and open-enrollment charter schools shall begin
conducting surveys under Sections 29.022 and 29.023. This section
expires June 30, 2010.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.