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Texas Senate Bill SB2083

Texas 2009 - 81st Regular

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11 By: Shapiro, Lucio S.B. No. 2083
22 (In the Senate - Filed March 13, 2009; March 31, 2009, read
33 first time and referred to Committee on Education; May 1, 2009,
44 reported adversely, with favorable Committee Substitute by the
55 following vote: Yeas 6, Nays 0; May 1, 2009, sent to printer.)
66 COMMITTEE SUBSTITUTE FOR S.B. No. 2083 By: Shapiro
77
88
99 A BILL TO BE ENTITLED
1010 AN ACT
1111 relating to outcome measurement and reporting concerning school
1212 district and open-enrollment charter school special education
1313 programs and grants to public school entities that perform well on
1414 the measurements.
1515 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1616 SECTION 1. Subchapter A, Chapter 29, Education Code, is
1717 amended by adding Sections 29.022 through 29.030 to read as
1818 follows:
1919 Sec. 29.022. SPECIAL EDUCATION SURVEYS: DEVELOPMENT AND
2020 DESIGN OF DATA COLLECTION PLATFORM AND FLOWCHART. (a) The agency
2121 shall develop an Internet-based data collection platform that, in
2222 accordance with Section 29.023:
2323 (1) each school district and open-enrollment charter
2424 school shall use to coordinate the completion of surveys concerning
2525 each student participating in the district's or school's special
2626 education program; and
2727 (2) the agency shall use to survey:
2828 (A) each student who has participated in a school
2929 district's or open-enrollment charter school's special education
3030 program and has graduated from a district or school high school or
3131 the parent of or person standing in parental relation to such a
3232 student; and
3333 (B) each student who has withdrawn from a school
3434 district's or open-enrollment charter school's special education
3535 program or the parent of or person standing in parental relation to
3636 such a student.
3737 (b) The agency shall develop a survey question flowchart for
3838 each survey required under Subsection (a) so that each survey is
3939 designed to be completed in 15 minutes or less. In developing each
4040 survey flowchart, the agency shall:
4141 (1) to the extent practicable, consult with one or
4242 more national organizations with expertise in postsecondary
4343 education, employment, or life skills for persons with
4444 disabilities; and
4545 (2) consult with:
4646 (A) parents of students eligible under Section
4747 29.003 to participate in a district or school special education
4848 program;
4949 (B) teachers who teach special education
5050 students;
5151 (C) school administrators, including
5252 superintendents, principals, and special education administrators;
5353 (D) other persons with significant interest or
5454 expertise in special education, including:
5555 (i) one person appointed by the presiding
5656 officer of the standing committee in the senate with primary
5757 jurisdiction over public education; and
5858 (ii) one person appointed by the presiding
5959 officer of the standing committee in the house of representatives
6060 with primary jurisdiction over public education; and
6161 (E) persons who perform research at institutions
6262 of higher education and have expertise concerning the design of
6363 statistically valid, accurate, and objective data collection
6464 methods.
6565 (c) A survey under this section shall be, as applicable:
6666 (1) designed to determine, among other information,
6767 whether the person completing the survey:
6868 (A) perceives that the student is appropriately
6969 progressing toward each of the following:
7070 (i) attending postsecondary education;
7171 (ii) living independently; and
7272 (iii) being employed;
7373 (B) has, as appropriate based on the person
7474 completing the survey, an understanding of the educational rights
7575 under federal law of a student with a disability; and
7676 (C) is satisfied with admission, review, and
7777 dismissal committee meetings, conflict resolution procedures and
7878 outcomes, the level of due process provided in the special
7979 education program, the amount and type of teacher training, teacher
8080 retention, and, as applicable, the availability of student and
8181 parent contact information;
8282 (2) disaggregated by type of disability and by
8383 preschool, including early childhood, or primary or secondary
8484 school grade-level or age of the student; and
8585 (3) designed, to the extent practicable, through the
8686 use of multiple languages or other accommodations determined by the
8787 agency, to be completed without assistance from school district
8888 personnel.
8989 (d) A survey under Subsection (a)(2)(A) shall be designed to
9090 determine, among other information, whether the student is:
9191 (1) attending a postsecondary educational institution
9292 and, if so, the type of institution;
9393 (2) living independently; and
9494 (3) employed and, if so, the type of employment.
9595 (e) A survey under Subsection (a)(2)(B) shall be designed to
9696 determine, among other information, the reason for the student's
9797 withdrawal from the special education program, such as a change of
9898 residence or a decision to educate the student at home or in a
9999 private setting.
100100 Sec. 29.023. SPECIAL EDUCATION SURVEYS: ADMINISTRATION AND
101101 RESULTS. (a) The agency shall conduct the surveys described by
102102 Section 29.022 as follows:
103103 (1) for a survey under Section 29.022(a)(1), once
104104 during each of the following periods during which a student is
105105 enrolled in a special education program:
106106 (A) during the period the student is at least
107107 three years of age and younger than six years of age;
108108 (B) during the period the student is at least six
109109 years of age and younger than 11 years of age;
110110 (C) during the period the student is at least 11
111111 years of age and younger than 15 years of age; and
112112 (D) during the period the student is at least 15
113113 years of age and younger than 22 years of age;
114114 (2) for a survey under Section 29.022(a)(2)(A),
115115 approximately 12 months and again approximately 60 months after the
116116 date of a student's graduation; and
117117 (3) for a survey under Section 29.022(a)(2)(B), as
118118 soon as practicable after the student withdraws from the district's
119119 or school's special education program.
120120 (b) For a survey under Section 29.022(a)(1), a school
121121 district or open-enrollment charter school shall coordinate the
122122 completion of separate surveys of:
123123 (1) the parent of or person standing in parental
124124 relation to a student participating in the district's or school's
125125 special education program;
126126 (2) the special education teacher of the student or,
127127 if the student is in general education classes only, a teacher of
128128 the student in a course in the foundation curriculum under Section
129129 28.002(a)(1);
130130 (3) if applicable, the primary paraprofessional
131131 working with the student; and
132132 (4) if the student participates in admission, review,
133133 and dismissal committee meetings, the student.
134134 (c) For a survey under Section 29.022(a)(2)(A) or (B), the
135135 agency shall complete a survey of:
136136 (1) the parent of or person standing in parental
137137 relation to each student who has participated in the district's or
138138 school's special education program; or
139139 (2) to the extent practicable, each student.
140140 (d) The agency shall develop a statewide Internet-based
141141 information reporting system that the agency posts on the agency's
142142 Internet website and that provides current and historical special
143143 education snapshot results for each school district, campus, and
144144 open-enrollment charter school that are disaggregated by students'
145145 type of disability and by students' preschool or grade-level range
146146 or age. In addition, the information system must provide relative
147147 performance statistics for districts, campuses, and schools among,
148148 as determined by the agency, peer institutions in this state and, if
149149 practicable, nationally, based on:
150150 (1) outcomes by students and interim outcome progress
151151 indicators, as indicated by the surveys conducted under this
152152 section; and
153153 (2) other indicators established by law and rules, as
154154 determined appropriate by the agency, including the indicator under
155155 Section 39.051(b)(12) and the districts', campuses', or schools'
156156 current special education compliance status with the agency.
157157 Sec. 29.024. SPECIAL EDUCATION SNAPSHOT. (a) The agency
158158 shall develop and each school district or open-enrollment charter
159159 school shall provide to the parent of or person standing in parental
160160 relation to each student participating in the district's or
161161 school's special education program, once each school year before
162162 the first admission, review, and dismissal committee meeting, a
163163 special education snapshot. The snapshot must be designed to be
164164 easily understood by parents and persons standing in parental
165165 relation and must indicate the discrete and relative performance,
166166 disaggregated by students' type of disability and by students'
167167 preschool or grade-level range or age, of the district and campus or
168168 school on:
169169 (1) issues surveyed under Sections 29.022 and 29.023;
170170 and
171171 (2) other indicators established by law and rules, as
172172 determined appropriate by the agency, including the indicator under
173173 Section 39.051(b)(12) and the district's and campus's or school's
174174 current special education compliance status with the agency.
175175 (b) In a case in which disaggregation of data as reported in
176176 the snapshot would, because of the survey sample size, create a
177177 violation under the Family Educational Rights and Privacy Act of
178178 1974 (20 U.S.C. Section 1232g), the agency shall increase the
179179 grouping sample size used for snapshot purposes by adding age
180180 ranges or historical results to the extent necessary to comply with
181181 that law.
182182 (c) In a case in which disaggregation of data as reported in
183183 the snapshot would, because of the small survey sample size, create
184184 among peers relative performance statistics that are not
185185 statistically sound, the agency shall increase the grouping sample
186186 size used for snapshot purposes by adding age ranges or historical
187187 results to create statistically valid relative performance
188188 statistics. The discrete survey results shall be disaggregated to
189189 the fullest extent possible.
190190 Sec. 29.025. SPECIAL EDUCATION SUCCESS GRANTS FOR PUBLIC
191191 SCHOOLS. (a) To the extent funds are available, the agency shall
192192 award grants to school districts, campuses, and open-enrollment
193193 charter schools with high relative performance statistics for
194194 students with a specific disability, as indicated by the snapshot
195195 information under Section 29.023(d).
196196 (b) The commissioner shall by rule adopt criteria on which
197197 to base a grant award under this section, for grouping districts,
198198 campuses, and open-enrollment charter schools based on the number
199199 of students enrolled in the program and other factors, and for
200200 distinguishing among districts, campuses, and schools and among
201201 types of disabilities. The rule must require a district, campus, or
202202 school, before receiving an award, to provide a detailed, written
203203 description on a form adopted by the commissioner under Subsection
204204 (d) of the award-winning special education program, especially the
205205 aspects of the program that have led to student success. The agency
206206 shall post each description on the agency's Internet website and
207207 shall provide copies to school districts, open-enrollment charter
208208 schools, and regional education service centers and, on request, to
209209 members of the public.
210210 (c) The total amount of grant awards under this section may
211211 not exceed $2 million per year.
212212 (d) The commissioner by rule shall adopt a written
213213 description form for purposes of Subsection (b). To enable another
214214 school district, campus, or open-enrollment charter school to
215215 understand and implement a special education program similar to the
216216 program for which a grant has been awarded under this section, the
217217 form must require a program description that describes, among any
218218 other aspects of the program as determined by the commissioner:
219219 (1) program methodologies and practices;
220220 (2) lessons learned from program implementation;
221221 (3) staff qualification requirements;
222222 (4) staff-to-student ratios across placements;
223223 (5) staff training, development, and retention
224224 strategies, including methods and measures used to support staff;
225225 (6) unique, creative, or advanced program elements;
226226 (7) significant challenges faced and any solutions
227227 found; and
228228 (8) approximate budget information, with major
229229 program expenditures specified.
230230 Sec. 29.026. SPECIAL EDUCATION SURVEYS: ANALYSIS.
231231 (a) The agency shall periodically perform a statistical analysis
232232 to isolate particular results of surveys conducted under Sections
233233 29.022 and 29.023 that predict student success.
234234 (b) The agency shall post the results of the analysis under
235235 Subsection (a), with any personally identifiable student
236236 information removed, on the agency's Internet website and shall
237237 provide copies of the results to school districts, open-enrollment
238238 charter schools, and regional education service centers and, on
239239 request, to members of the public. In addition, on request, the
240240 agency shall make the data on which the analysis is based available,
241241 with any personally identifiable student information removed, to
242242 persons providing research, members of special education advocacy
243243 groups, and other interested persons. The agency may require a
244244 person to whom that data is made available to execute a
245245 nondisclosure agreement as the agency determines necessary to
246246 ensure that the person releases to the public only summary results
247247 of the person's research and does not release to the public
248248 information or a form of information that reveals personally
249249 identifiable student information.
250250 Sec. 29.027. PARENT AND TEACHER CONTACT INFORMATION. The
251251 agency shall provide a method during the survey by which parents and
252252 teachers of students who have participated in a special education
253253 program and completed a survey under Section 29.023 may, through
254254 the agency, provide contact information to persons who provide
255255 training, advocacy, or other targeted assistance in creating
256256 academic success for students in special education programs.
257257 Sec. 29.028. SPECIAL EDUCATION SURVEYS: CONFIDENTIALITY OF
258258 INFORMATION. (a) Notwithstanding any other provision of this
259259 subchapter, the results of a special education survey under this
260260 subchapter are not considered public information under Chapter 552,
261261 Government Code.
262262 (b) The agency shall take measures to ensure
263263 confidentiality of individual survey results so that parents of or
264264 persons standing in parental relation to students of school
265265 districts or open-enrollment charter schools and employees of the
266266 districts or schools are not subject to consequences as a result of
267267 their answers to survey questions.
268268 Sec. 29.029. RULES. The commissioner shall adopt rules as
269269 necessary to administer Sections 29.022-29.028.
270270 Sec. 29.030. SPECIAL EDUCATION SURVEYS: IMPLEMENTATION
271271 PLAN. (a) Not later than March 1, 2010, the agency shall submit to
272272 the governor, lieutenant governor, speaker of the house of
273273 representatives, and presiding officer of the standing committee of
274274 each house of the legislature with primary jurisdiction over public
275275 education a plan for implementing the requirements of Sections
276276 29.022-29.028.
277277 (b) The implementation plan must include the
278278 confidentiality measures required by Section 29.028(b).
279279 (c) Not later than September 1, 2010, school districts and
280280 open-enrollment charter schools shall begin conducting surveys
281281 under Sections 29.022 and 29.023. This section expires September
282282 30, 2010.
283283 SECTION 2. This Act takes effect immediately if it receives
284284 a vote of two-thirds of all the members elected to each house, as
285285 provided by Section 39, Article III, Texas Constitution. If this
286286 Act does not receive the vote necessary for immediate effect, this
287287 Act takes effect September 1, 2009.
288288 * * * * *