81R11103 CAE-F
By: Shapiro S.B. No. 2204
A BILL TO BE ENTITLED
AN ACT
relating to the enhancement of services for certain students with
autism or autism spectrum disorder and training and support for
educators who serve students with autism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 29, Education Code, is amended by adding
Subchapter K to read as follows:
SUBCHAPTER K. AUTISM INTERDISCIPLINARY ENHANCEMENT PROGRAM
Sec. 29.401. DEFINITIONS. In this subchapter:
(1) "Parent" includes a guardian, custodian, or other
person with authority to act on behalf of a student.
(2) "Program" means the autism interdisciplinary
enhancement program for students described by this subchapter.
(3) "Qualifying community provider" means a
nongovernmental community-based program that provides for the
educational, communication, and behavioral needs of students with
autism and that has been approved by the agency as a provider for
the program.
Sec. 29.402. PROGRAM. An eligible student under Section
29.403 may, at the option of the student's parent, access services
as provided by Section 29.404 through a qualifying community
provider.
Sec. 29.403. ELIGIBLE STUDENT. (a) A student is eligible
to participate in the program if:
(1) the student is eligible to receive public school
services and is eligible under Section 29.003 to participate in a
school district's special education program;
(2) the student has been diagnosed with autism or
autism spectrum disorder and is considered to be at high risk for
residential treatment or institutionalization; and
(3) an individualized educational program has been
developed for the student under Section 29.005.
(b) Each school year, a school district shall:
(1) provide written notice of the program to the
parent of a student who is eligible to participate in the program
under Subsection (a); and
(2) allow the parent an opportunity to enroll the
student in the program.
(c) A student who establishes eligibility under this
section may continue participating in the program until the autism
interdisciplinary enhancement team established for the student as
required by Section 29.407 determines that it is appropriate for
the student to make the transition back into the public school
system.
Sec. 29.404. FINANCING OF SERVICES PROVIDED BY QUALIFYING
COMMUNITY PROVIDER. (a) For a student who accesses services
through a qualifying community provider under this subchapter, the
provider is entitled to an annual amount of funding that is equal to
the amount of funding to which the school district in which the
student resides would be entitled under Chapter 42 for the student.
The agency shall directly distribute the funding to the qualifying
community provider.
(b) For an eligible student to participate in the program,
the parent of the student must apply to the agency on behalf of the
student not later than a date specified by the commissioner. The
application must specify the qualifying community provider whose
services the student plans to access and demonstrate that the
student has been accepted by that provider. On receiving the
application from the parent of an eligible student, the agency
shall determine a student's eligibility in accordance with rules
adopted under Section 29.414. If the agency determines that the
student is eligible for participation in the program, the agency
shall notify the student's parent of the student's eligibility.
(c) The agency shall direct the distribution of funds to the
qualifying community provider whose services the student accesses
on a schedule adopted by the agency after educational services have
been provided. The agency shall require that the qualifying
community provider submit documentation of the student's
attendance before the agency directs funds to the provider.
(d) A student who accesses services through a qualifying
community provider under this subchapter is included in the average
daily attendance of the school district in which the student
resides for purposes of determining the amount of the student's
program funding. The amount of the student's program funding is
deducted from the total state aid to which the school district is
entitled. If a student resides in a school district that does not
receive state aid under Chapter 42, the school district shall
purchase attendance credits under Subchapter D, Chapter 41, in an
amount equal to the amount of the student's program funding.
(e) The student's program funding is the entitlement of the
student, under the supervision of the student's parent, and not
that of any community provider.
(f) A qualifying community provider may not share a
student's program funding with or refund or rebate a student's
program funding to the parent or the student in any manner.
(g) A student's program funding may not be financed by money
appropriated from the available school fund.
Sec. 29.405. PARTICIPATION BY QUALIFYING COMMUNITY
PROVIDERS. (a) To participate in the program, a qualifying
community provider must:
(1) be approved as a nonpublic community provider by
the commissioner;
(2) not advocate or foster unlawful behavior or teach
hatred of any person or group on the basis of race, ethnicity,
national origin, or religion;
(3) comply with all health and safety laws applicable
to nongovernmental schools; and
(4) hold a valid occupancy permit if required by the
municipality in which the community provider is located.
(b) A qualifying community provider must comply with all
state laws applicable to nongovernmental schools regarding
criminal background checks for employees and may not employ a
person who is not authorized under state law to work in a
nongovernmental school.
Sec. 29.406. ADMISSIONS. (a) A qualifying community
provider chosen by an eligible student's parent under this
subchapter may not deny admission by discriminating on the basis of
the student's race, ethnicity, or national origin and must comply
with the requirements of:
(1) 42 U.S.C. Section 2000d et seq. with respect to
nondiscrimination on the basis of race, color, or national origin;
and
(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C.
Section 794), with respect to nondiscrimination on the basis of
disability.
(b) Except as provided by this subsection, a qualifying
community provider that has more qualified program applicants for
services under this subchapter than available positions must fill
the available program positions by a random selection process. To
achieve continuity in education, a community provider may give
preference among program applicants to a previously enrolled
student and to other students residing in the same household as a
previously enrolled student.
(c) A qualifying community provider may submit a written
request for student records from the public school previously
attended by an eligible student. Not later than the 10th working
day after the date the public school receives the request, the
public school shall deliver to the qualifying community provider a
copy of the school's complete student records for that student,
including attendance records, disciplinary records, past results
of any assessment instruments administered to the student, the
student's individualized educational program, and any other
comprehensive assessments from each school the student previously
attended. A public school that is required to release student
records under this subsection shall comply with any applicable
provision of the Family Educational Rights and Privacy Act of 1974
(20 U.S.C. Section 1232g).
Sec. 29.407. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM.
(a) For each student enrolled in the program, an autism
interdisciplinary enhancement team must be established. The team
shall consist of a representative from the school district in which
the student resides, a representative of the qualifying community
provider, and a parent of the student. The team may include a
member of the community with knowledge and experience in autism or
autism spectrum disorder.
(b) The team shall meet on a regular basis to:
(1) develop an individual service plan for the
student;
(2) monitor the progress of the student, including
review of the student's assessments and progress reports; and
(3) set goals for the student, including specific
timelines for the potential transition of the student back into the
public school system.
(c) The plan and goals developed by the team for a student
must be considered and incorporated by the qualifying community
provider in developing the goals required to be established under
Section 29.408.
(d) At the time the student makes the transition back into
the public school system, the team shall provide to the public
school that the student will attend training in and assistance with
the methodologies that have been successful with the student during
the student's participation in the program. The team may provide
any support or service requested by the school.
Sec. 29.408. ACADEMIC ACCOUNTABILITY. (a) Each school
year, a qualifying community provider shall establish academic
goals for each program student accessing services through the
provider. The goals under this section must include communication
and behavior skills. The goals must be developed in a manner
similar to an individualized education program developed under
Section 29.005, based on individual student assessment, and include
recommendations from the student's autism interdisciplinary
enhancement team. Every six weeks, the provider shall provide a
report to the student's parent and autism interdisciplinary
enhancement team describing the student's progress toward
achieving the goals developed for the student.
(b) Each qualifying community provider that provides
services to a student under this subchapter shall annually
administer:
(1) the appropriate assessment instrument required
under Section 39.023; or
(2) a nationally norm-referenced assessment
instrument approved by the agency.
(c) The qualifying community provider shall provide:
(1) the student's results on assessment instruments
required under Subsection (b) to the student's parent and the
student's autism interdisciplinary enhancement team; and
(2) the aggregated results of the assessment
instruments required under Subsection (b) to the public.
Sec. 29.409. AUTISM INTERDISCIPLINARY ENHANCEMENT TEAM
TRANSITION AND COORDINATION INITIATIVE. (a) If a student
participating in the program is ready to make the transition back
into the public school system, based on the student's performance
on assessment instruments and other measures of progress, the
student's autism interdisciplinary enhancement team shall assist
with the transition. The team must provide training in the
research-based instruction that has proven effective for the
student to the school district the student will attend.
(b) Training by the autism interdisciplinary enhancement
team shall be funded by the regional education service center that
provides services to the school district the student will attend.
The regional education service center shall assist in the
coordination of teacher training between the school district and
the qualifying community provider.
(c) The qualifying community provider and the autism
interdisciplinary enhancement team shall develop appropriate
training for the educators who will serve the student in the school
district. The training must include scientifically and
behaviorally based training.
(d) The autism interdisciplinary enhancement team shall
develop procedures for the school district to use in determining
the training needs of educators who will serve the student,
including:
(1) evaluating student counts and distribution;
(2) conducting an inventory of staff knowledge; and
(3) conducting an inventory of staff resources.
(e) The autism interdisciplinary enhancement team shall
ensure that all elements identified as necessary for the student's
transition are in place before the transition occurs.
(f) After the transition has occurred, the autism
interdisciplinary enhancement team shall meet at least once every
12 weeks at the school to monitor the transition and ensure each
aspect of the student's transition is being effectively
implemented.
(g) The commissioner may adopt rules as necessary to
implement this section.
Sec. 29.410. FINANCIAL SOLVENCY. The commissioner may
adopt rules requiring a qualifying community provider that accepts
funding under this subchapter to demonstrate financial solvency.
Sec. 29.411. QUALIFYING COMMUNITY PROVIDER AUTONOMY. (a)
A qualifying community provider that accepts funding under this
subchapter is not an agent or arm of the state or federal
government.
(b) Except as provided by this subchapter, the
commissioner, the agency, the State Board of Education, or any
other state agency may not regulate the educational program of a
qualifying community provider that accepts funding under this
subchapter.
(c) A qualifying community provider that accepts funding
under this subchapter is not required to implement an
individualized education program developed for the student under
Section 29.005. The student's parent and the qualifying community
provider are responsible for determining the services and
educational program to be provided to the student in accordance
with the goals developed for the student under Section 29.408(a).
Sec. 29.412. RESPONSIBILITIES OF PARENT AND STUDENT. (a)
It is the responsibility of the parent of an eligible student to:
(1) locate and select a qualifying community provider;
(2) apply for acceptance by the qualifying community
provider; and
(3) apply in the manner provided under Section 29.404
for participation in the program.
(b) A student participating in the program must comply with
the student code of conduct of the qualifying community provider
providing services to the student. A student must receive services
from the qualifying community provider each school day or as
otherwise determined to be appropriate for the student's needs.
Sec. 29.413. TRANSFER. (a) An eligible student
participating in the program may transfer to another qualifying
community provider in the manner authorized by commissioner rule.
If a student transfers to another provider under this section after
the beginning of the school year, the commissioner shall prorate
the amount of the student's program funding between the qualifying
community providers according to the length of the period that the
student received services from each provider.
(b) The commissioner may adopt rules regarding the
frequency with which a parent may transfer an eligible student from
a qualifying community provider to another qualifying community
provider.
Sec. 29.414. RULES. (a) The commissioner shall adopt rules
as necessary to implement, administer, and enforce the program,
including rules regarding:
(1) the calculation and distribution of payments for
qualifying community providers; and
(2) application and approval procedures for
qualifying community provider and student participation in the
program, including timelines for the application and approval
procedures.
(b) A rule adopted under this section is binding on any
other state or local governmental entity, including a political
subdivision, as necessary to implement, administer, and enforce the
program.
Sec. 29.415. PROGRAM COMPLIANCE. (a) The agency shall
enforce this subchapter and any rule adopted under this subchapter
and may withhold funds from any qualifying community provider that
violates this subchapter or a rule adopted under this subchapter.
(b) The commissioner may revoke a qualifying community
provider's permission to participate in the program if the
commissioner determines that the provider:
(1) has not met the requirements provided by this
subchapter;
(2) has intentionally and substantially
misrepresented information required by this subchapter; or
(3) has failed to refund to the state in a timely
manner any overpayment of program funding made to the provider.
(c) If the commissioner revokes a qualifying community
provider's permission to participate in the program under
Subsection (b), the agency shall immediately notify the parent of
an eligible student receiving services from the provider of the
revocation.
Sec. 29.416. LIABILITY. The agency is not civilly liable
for any action arising as the result of a student's participation in
the program.
Sec. 29.417. EVALUATION OF PROGRAM. (a) The commissioner
shall designate an impartial organization with experience in
evaluating programs similar to the program established under this
subchapter to conduct an annual evaluation of the program. The
evaluation must be conducted without the use of state funds.
(b) An evaluation under this section must compare
differences between qualifying community providers and public
schools and must include consideration of:
(1) student satisfaction;
(2) parent satisfaction;
(3) behavioral problems of program students receiving
services from qualifying community providers as compared with
students attending public schools;
(4) class size;
(5) the fiscal impact to the state and school
districts;
(6) academic performance by comparable students as
measured by an assessment instrument required under Section
29.408(b);
(7) factors resulting in more than 25 percent of
eligible students in a school district electing to receive services
through a qualifying community provider under this subchapter; and
(8) the practices of a qualifying community provider
that contribute to any change in student behavior or academic
performance.
(c) The evaluation must apply appropriate analytical and
behavioral science methodologies to ensure public confidence in the
evaluation.
(d) Not later than December 1, 2012, the commissioner shall
submit to each member of the legislature a copy of the evaluation
conducted under this section.
(e) School districts and qualifying community providers
shall cooperate with the organization conducting the evaluation and
shall provide student assessment instrument results and any other
information necessary to complete the evaluation in compliance with
any applicable provision of the Family Educational Rights and
Privacy Act of 1974 (20 U.S.C. Section 1232g).
(f) The agency may accept grants to assist in funding the
evaluation.
Sec. 29.418. APPLICATION OF SUNSET ACT. (a) The autism
interdisciplinary enhancement program is subject to Chapter 325,
Government Code (Texas Sunset Act), as if the program were a state
agency. Unless continued in existence as provided by that chapter,
the program is abolished and this subchapter expires September 1,
2019.
(b) To the extent Chapter 325, Government Code, imposes a
duty on a state agency under review, the agency shall perform that
duty as it relates to the program.
SECTION 2. (a) The Texas Education Agency shall make the
autism interdisciplinary enhancement program under Subchapter K,
Chapter 29, Education Code, as added by this Act, available for
participation beginning with the 2010-2011 academic school year.
(b) As soon as practicable, the commissioner of education
shall adopt and implement rules necessary for the administration of
the program.
SECTION 3. This Act takes effect September 1, 2009.