Texas 2009 - 81st Regular

Texas Senate Bill SB2204 Compare Versions

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

Old	New	Differences
1	1	81R11103 CAE-F
2	2	By: Shapiro S.B. No. 2204
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enhancement of services for certain students with
8	8	autism or autism spectrum disorder and training and support for
9	9	educators who serve students with autism.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 29, Education Code, is amended by adding
12	12	Subchapter K to read as follows:
13	13	SUBCHAPTER K. AUTISM INTERDISCIPLINARY ENHANCEMENT PROGRAM
14	14	Sec. 29.401. DEFINITIONS. In this subchapter:
15	15	(1) "Parent" includes a guardian, custodian, or other
16	16	person with authority to act on behalf of a student.
17	17	(2) "Program" means the autism interdisciplinary
18	18	enhancement program for students described by this subchapter.
19	19	(3) "Qualifying community provider" means a
20	20	nongovernmental community-based program that provides for the
21	21	educational, communication, and behavioral needs of students with
22	22	autism and that has been approved by the agency as a provider for
23	23	the program.
24	24	Sec. 29.402. PROGRAM. An eligible student under Section
25	25	29.403 may, at the option of the student's parent, access services
26	26	as provided by Section 29.404 through a qualifying community
27	27	provider.
28	28	Sec. 29.403. ELIGIBLE STUDENT. (a) A student is eligible
29	29	to participate in the program if:
30	30	(1) the student is eligible to receive public school
31	31	services and is eligible under Section 29.003 to participate in a
32	32	school district's special education program;
33	33	(2) the student has been diagnosed with autism or
34	34	autism spectrum disorder and is considered to be at high risk for
35	35	residential treatment or institutionalization; and
36	36	(3) an individualized educational program has been
37	37	developed for the student under Section 29.005.
38	38	(b) Each school year, a school district shall:
39	39	(1) provide written notice of the program to the
40	40	parent of a student who is eligible to participate in the program
41	41	under Subsection (a); and
42	42	(2) allow the parent an opportunity to enroll the
43	43	student in the program.
44	44	(c) A student who establishes eligibility under this
45	45	section may continue participating in the program until the autism
46	46	interdisciplinary enhancement team established for the student as
47	47	required by Section 29.407 determines that it is appropriate for
48	48	the student to make the transition back into the public school
49	49	system.
50	50	Sec. 29.404. FINANCING OF SERVICES PROVIDED BY QUALIFYING
51	51	COMMUNITY PROVIDER. (a) For a student who accesses services
52	52	through a qualifying community provider under this subchapter, the
53	53	provider is entitled to an annual amount of funding that is equal to
54	54	the amount of funding to which the school district in which the
55	55	student resides would be entitled under Chapter 42 for the student.
56	56	The agency shall directly distribute the funding to the qualifying
57	57	community provider.
58	58	(b) For an eligible student to participate in the program,
59	59	the parent of the student must apply to the agency on behalf of the
60	60	student not later than a date specified by the commissioner. The
61	61	application must specify the qualifying community provider whose
62	62	services the student plans to access and demonstrate that the
63	63	student has been accepted by that provider. On receiving the
64	64	application from the parent of an eligible student, the agency
65	65	shall determine a student's eligibility in accordance with rules
66	66	adopted under Section 29.414. If the agency determines that the
67	67	student is eligible for participation in the program, the agency
68	68	shall notify the student's parent of the student's eligibility.
69	69	(c) The agency shall direct the distribution of funds to the
70	70	qualifying community provider whose services the student accesses
71	71	on a schedule adopted by the agency after educational services have
72	72	been provided. The agency shall require that the qualifying
73	73	community provider submit documentation of the student's
74	74	attendance before the agency directs funds to the provider.
75	75	(d) A student who accesses services through a qualifying
76	76	community provider under this subchapter is included in the average
77	77	daily attendance of the school district in which the student
78	78	resides for purposes of determining the amount of the student's
79	79	program funding. The amount of the student's program funding is
80	80	deducted from the total state aid to which the school district is
81	81	entitled. If a student resides in a school district that does not
82	82	receive state aid under Chapter 42, the school district shall
83	83	purchase attendance credits under Subchapter D, Chapter 41, in an
84	84	amount equal to the amount of the student's program funding.
85	85	(e) The student's program funding is the entitlement of the
86	86	student, under the supervision of the student's parent, and not
87	87	that of any community provider.
88	88	(f) A qualifying community provider may not share a
89	89	student's program funding with or refund or rebate a student's
90	90	program funding to the parent or the student in any manner.
91	91	(g) A student's program funding may not be financed by money
92	92	appropriated from the available school fund.
93	93	Sec. 29.405. PARTICIPATION BY QUALIFYING COMMUNITY
94	94	PROVIDERS. (a) To participate in the program, a qualifying
95	95	community provider must:
96	96	(1) be approved as a nonpublic community provider by
97	97	the commissioner;
98	98	(2) not advocate or foster unlawful behavior or teach
99	99	hatred of any person or group on the basis of race, ethnicity,
100	100	national origin, or religion;
101	101	(3) comply with all health and safety laws applicable
102	102	to nongovernmental schools; and
103	103	(4) hold a valid occupancy permit if required by the
104	104	municipality in which the community provider is located.
105	105	(b) A qualifying community provider must comply with all
106	106	state laws applicable to nongovernmental schools regarding
107	107	criminal background checks for employees and may not employ a
108	108	person who is not authorized under state law to work in a
109	109	nongovernmental school.
110	110	Sec. 29.406. ADMISSIONS. (a) A qualifying community
111	111	provider chosen by an eligible student's parent under this
112	112	subchapter may not deny admission by discriminating on the basis of
113	113	the student's race, ethnicity, or national origin and must comply
114	114	with the requirements of:
115	115	(1) 42 U.S.C. Section 2000d et seq. with respect to
116	116	nondiscrimination on the basis of race, color, or national origin;
117	117	and
118	118	(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
119	119	Section 794), with respect to nondiscrimination on the basis of
120	120	disability.
121	121	(b) Except as provided by this subsection, a qualifying
122	122	community provider that has more qualified program applicants for
123	123	services under this subchapter than available positions must fill
124	124	the available program positions by a random selection process. To
125	125	achieve continuity in education, a community provider may give
126	126	preference among program applicants to a previously enrolled
127	127	student and to other students residing in the same household as a
128	128	previously enrolled student.
129	129	(c) A qualifying community provider may submit a written
130	130	request for student records from the public school previously
131	131	attended by an eligible student. Not later than the 10th working
132	132	day after the date the public school receives the request, the
133	133	public school shall deliver to the qualifying community provider a
134	134	copy of the school's complete student records for that student,
135	135	including attendance records, disciplinary records, past results
136	136	of any assessment instruments administered to the student, the
137	137	student's individualized educational program, and any other
138	138	comprehensive assessments from each school the student previously
139	139	attended. A public school that is required to release student
140	140	records under this subsection shall comply with any applicable
141	141	provision of the Family Educational Rights and Privacy Act of 1974
142	142	(20 U.S.C. Section 1232g).
143	143	Sec. 29.407. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM.
144	144	(a) For each student enrolled in the program, an autism
145	145	interdisciplinary enhancement team must be established. The team
146	146	shall consist of a representative from the school district in which
147	147	the student resides, a representative of the qualifying community
148	148	provider, and a parent of the student. The team may include a
149	149	member of the community with knowledge and experience in autism or
150	150	autism spectrum disorder.
151	151	(b) The team shall meet on a regular basis to:
152	152	(1) develop an individual service plan for the
153	153	student;
154	154	(2) monitor the progress of the student, including
155	155	review of the student's assessments and progress reports; and
156	156	(3) set goals for the student, including specific
157	157	timelines for the potential transition of the student back into the
158	158	public school system.
159	159	(c) The plan and goals developed by the team for a student
160	160	must be considered and incorporated by the qualifying community
161	161	provider in developing the goals required to be established under
162	162	Section 29.408.
163	163	(d) At the time the student makes the transition back into
164	164	the public school system, the team shall provide to the public
165	165	school that the student will attend training in and assistance with
166	166	the methodologies that have been successful with the student during
167	167	the student's participation in the program. The team may provide
168	168	any support or service requested by the school.
169	169	Sec. 29.408. ACADEMIC ACCOUNTABILITY. (a) Each school
170	170	year, a qualifying community provider shall establish academic
171	171	goals for each program student accessing services through the
172	172	provider. The goals under this section must include communication
173	173	and behavior skills. The goals must be developed in a manner
174	174	similar to an individualized education program developed under
175	175	Section 29.005, based on individual student assessment, and include
176	176	recommendations from the student's autism interdisciplinary
177	177	enhancement team. Every six weeks, the provider shall provide a
178	178	report to the student's parent and autism interdisciplinary
179	179	enhancement team describing the student's progress toward
180	180	achieving the goals developed for the student.
181	181	(b) Each qualifying community provider that provides
182	182	services to a student under this subchapter shall annually
183	183	administer:
184	184	(1) the appropriate assessment instrument required
185	185	under Section 39.023; or
186	186	(2) a nationally norm-referenced assessment
187	187	instrument approved by the agency.
188	188	(c) The qualifying community provider shall provide:
189	189	(1) the student's results on assessment instruments
190	190	required under Subsection (b) to the student's parent and the
191	191	student's autism interdisciplinary enhancement team; and
192	192	(2) the aggregated results of the assessment
193	193	instruments required under Subsection (b) to the public.
194	194	Sec. 29.409. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM
195	195	TRANSITION AND COORDINATION INITIATIVE. (a) If a student
196	196	participating in the program is ready to make the transition back
197	197	into the public school system, based on the student's performance
198	198	on assessment instruments and other measures of progress, the
199	199	student's autism interdisciplinary enhancement team shall assist
200	200	with the transition. The team must provide training in the
201	201	research-based instruction that has proven effective for the
202	202	student to the school district the student will attend.
203	203	(b) Training by the autism interdisciplinary enhancement
204	204	team shall be funded by the regional education service center that
205	205	provides services to the school district the student will attend.
206	206	The regional education service center shall assist in the
207	207	coordination of teacher training between the school district and
208	208	the qualifying community provider.
209	209	(c) The qualifying community provider and the autism
210	210	interdisciplinary enhancement team shall develop appropriate
211	211	training for the educators who will serve the student in the school
212	212	district. The training must include scientifically and
213	213	behaviorally based training.
214	214	(d) The autism interdisciplinary enhancement team shall
215	215	develop procedures for the school district to use in determining
216	216	the training needs of educators who will serve the student,
217	217	including:
218	218	(1) evaluating student counts and distribution;
219	219	(2) conducting an inventory of staff knowledge; and
220	220	(3) conducting an inventory of staff resources.
221	221	(e) The autism interdisciplinary enhancement team shall
222	222	ensure that all elements identified as necessary for the student's
223	223	transition are in place before the transition occurs.
224	224	(f) After the transition has occurred, the autism
225	225	interdisciplinary enhancement team shall meet at least once every
226	226	12 weeks at the school to monitor the transition and ensure each
227	227	aspect of the student's transition is being effectively
228	228	implemented.
229	229	(g) The commissioner may adopt rules as necessary to
230	230	implement this section.
231	231	Sec. 29.410. FINANCIAL SOLVENCY. The commissioner may
232	232	adopt rules requiring a qualifying community provider that accepts
233	233	funding under this subchapter to demonstrate financial solvency.
234	234	Sec. 29.411. QUALIFYING COMMUNITY PROVIDER AUTONOMY. (a)
235	235	A qualifying community provider that accepts funding under this
236	236	subchapter is not an agent or arm of the state or federal
237	237	government.
238	238	(b) Except as provided by this subchapter, the
239	239	commissioner, the agency, the State Board of Education, or any
240	240	other state agency may not regulate the educational program of a
241	241	qualifying community provider that accepts funding under this
242	242	subchapter.
243	243	(c) A qualifying community provider that accepts funding
244	244	under this subchapter is not required to implement an
245	245	individualized education program developed for the student under
246	246	Section 29.005. The student's parent and the qualifying community
247	247	provider are responsible for determining the services and
248	248	educational program to be provided to the student in accordance
249	249	with the goals developed for the student under Section 29.408(a).
250	250	Sec. 29.412. RESPONSIBILITIES OF PARENT AND STUDENT. (a)
251	251	It is the responsibility of the parent of an eligible student to:
252	252	(1) locate and select a qualifying community provider;
253	253	(2) apply for acceptance by the qualifying community
254	254	provider; and
255	255	(3) apply in the manner provided under Section 29.404
256	256	for participation in the program.
257	257	(b) A student participating in the program must comply with
258	258	the student code of conduct of the qualifying community provider
259	259	providing services to the student. A student must receive services
260	260	from the qualifying community provider each school day or as
261	261	otherwise determined to be appropriate for the student's needs.
262	262	Sec. 29.413. TRANSFER. (a) An eligible student
263	263	participating in the program may transfer to another qualifying
264	264	community provider in the manner authorized by commissioner rule.
265	265	If a student transfers to another provider under this section after
266	266	the beginning of the school year, the commissioner shall prorate
267	267	the amount of the student's program funding between the qualifying
268	268	community providers according to the length of the period that the
269	269	student received services from each provider.
270	270	(b) The commissioner may adopt rules regarding the
271	271	frequency with which a parent may transfer an eligible student from
272	272	a qualifying community provider to another qualifying community
273	273	provider.
274	274	Sec. 29.414. RULES. (a) The commissioner shall adopt rules
275	275	as necessary to implement, administer, and enforce the program,
276	276	including rules regarding:
277	277	(1) the calculation and distribution of payments for
278	278	qualifying community providers; and
279	279	(2) application and approval procedures for
280	280	qualifying community provider and student participation in the
281	281	program, including timelines for the application and approval
282	282	procedures.
283	283	(b) A rule adopted under this section is binding on any
284	284	other state or local governmental entity, including a political
285	285	subdivision, as necessary to implement, administer, and enforce the
286	286	program.
287	287	Sec. 29.415. PROGRAM COMPLIANCE. (a) The agency shall
288	288	enforce this subchapter and any rule adopted under this subchapter
289	289	and may withhold funds from any qualifying community provider that
290	290	violates this subchapter or a rule adopted under this subchapter.
291	291	(b) The commissioner may revoke a qualifying community
292	292	provider's permission to participate in the program if the
293	293	commissioner determines that the provider:
294	294	(1) has not met the requirements provided by this
295	295	subchapter;
296	296	(2) has intentionally and substantially
297	297	misrepresented information required by this subchapter; or
298	298	(3) has failed to refund to the state in a timely
299	299	manner any overpayment of program funding made to the provider.
300	300	(c) If the commissioner revokes a qualifying community
301	301	provider's permission to participate in the program under
302	302	Subsection (b), the agency shall immediately notify the parent of
303	303	an eligible student receiving services from the provider of the
304	304	revocation.
305	305	Sec. 29.416. LIABILITY. The agency is not civilly liable
306	306	for any action arising as the result of a student's participation in
307	307	the program.
308	308	Sec. 29.417. EVALUATION OF PROGRAM. (a) The commissioner
309	309	shall designate an impartial organization with experience in
310	310	evaluating programs similar to the program established under this
311	311	subchapter to conduct an annual evaluation of the program. The
312	312	evaluation must be conducted without the use of state funds.
313	313	(b) An evaluation under this section must compare
314	314	differences between qualifying community providers and public
315	315	schools and must include consideration of:
316	316	(1) student satisfaction;
317	317	(2) parent satisfaction;
318	318	(3) behavioral problems of program students receiving
319	319	services from qualifying community providers as compared with
320	320	students attending public schools;
321	321	(4) class size;
322	322	(5) the fiscal impact to the state and school
323	323	districts;
324	324	(6) academic performance by comparable students as
325	325	measured by an assessment instrument required under Section
326	326	29.408(b);
327	327	(7) factors resulting in more than 25 percent of
328	328	eligible students in a school district electing to receive services
329	329	through a qualifying community provider under this subchapter; and
330	330	(8) the practices of a qualifying community provider
331	331	that contribute to any change in student behavior or academic
332	332	performance.
333	333	(c) The evaluation must apply appropriate analytical and
334	334	behavioral science methodologies to ensure public confidence in the
335	335	evaluation.
336	336	(d) Not later than December 1, 2012, the commissioner shall
337	337	submit to each member of the legislature a copy of the evaluation
338	338	conducted under this section.
339	339	(e) School districts and qualifying community providers
340	340	shall cooperate with the organization conducting the evaluation and
341	341	shall provide student assessment instrument results and any other
342	342	information necessary to complete the evaluation in compliance with
343	343	any applicable provision of the Family Educational Rights and
344	344	Privacy Act of 1974 (20 U.S.C. Section 1232g).
345	345	(f) The agency may accept grants to assist in funding the
346	346	evaluation.
347	347	Sec. 29.418. APPLICATION OF SUNSET ACT. (a) The autism
348	348	interdisciplinary enhancement program is subject to Chapter 325,
349	349	Government Code (Texas Sunset Act), as if the program were a state
350	350	agency. Unless continued in existence as provided by that chapter,
351	351	the program is abolished and this subchapter expires September 1,
352	352	2019.
353	353	(b) To the extent Chapter 325, Government Code, imposes a
354	354	duty on a state agency under review, the agency shall perform that
355	355	duty as it relates to the program.
356	356	SECTION 2. (a) The Texas Education Agency shall make the
357	357	autism interdisciplinary enhancement program under Subchapter K,
358	358	Chapter 29, Education Code, as added by this Act, available for
359	359	participation beginning with the 2010-2011 academic school year.
360	360	(b) As soon as practicable, the commissioner of education
361	361	shall adopt and implement rules necessary for the administration of
362	362	the program.
363	363	SECTION 3. This Act takes effect September 1, 2009.