By: Watson S.B. No. 1328
(In the Senate - Filed March 9, 2011; March 22, 2011, read
first time and referred to Committee on Education; April 26, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 8, Nays 0; April 26, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1328 By: Gallegos
A BILL TO BE ENTITLED
AN ACT
relating to optional dispute resolution methods regarding
educational services for students with a disability, including
individualized education program facilitation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.019 and 29.020 to read as follows:
Sec. 29.019. OPTIONAL DISPUTE RESOLUTION. (a) The agency
and each school district shall provide information to parents
regarding optional dispute resolution methods that may be used when
a dispute arises between the district and a parent of a student with
a disability. The information:
(1) must be included with other information provided
to the parent of a student with a disability; and
(2) may be provided in a written or electronic format.
(b) Information provided by the agency under this section
must indicate that individualized education program facilitation
is an optional dispute resolution method that some districts may
choose to provide on a voluntary basis.
(c) If a school district chooses to offer individualized
education program facilitation as an optional dispute resolution
method:
(1) the district may determine whether to offer
facilitation through an independent facilitator, through a
district employee serving as a facilitator, or through a
combination of those methods;
(2) the information provided by the district under
this section must include a description of any applicable
procedures for requesting the facilitation; and
(3) the facilitation must be provided at no cost to a
parent.
(d) The use or availability of an optional dispute
resolution method, including individualized education program
facilitation, may not in any manner be used to deny or delay the
right to pursue a special education complaint, mediation, or due
process hearing in accordance with federal law.
(e) The commissioner shall adopt rules necessary to
implement this section.
Sec. 29.020. INDEPENDENT INDIVIDUALIZED EDUCATION PROGRAM
FACILITATION. (a) The agency shall develop criteria and
procedures in accordance with this section applicable to
independent individualized education program facilitation provided
by the agency or a school district or regional education service
center. If the agency or a school district or regional education
service center chooses to provide independent individualized
education program facilitation, the facilitation must comply with
the criteria and procedures developed under this section.
(b) The criteria and procedures must include:
(1) a definition of independent individualized
education program facilitation;
(2) forms for implementing independent individualized
education program facilitation;
(3) training requirements for independent
facilitators; and
(4) an evaluation process through which information
may be collected regarding the implementation and effectiveness of
independent individualized education program facilitation provided
by the agency or a school district or regional education service
center.
(c) If the commissioner determines that adequate funding is
available, the commissioner may authorize the use of state or
federal funds to assist school districts and regional education
service centers in providing independent individualized education
program facilitation.
(d) Each regional education service center shall maintain a
list of independent facilitators who meet the criteria described by
Subsection (b)(3) and make the list available to school districts
and parents who choose to use independent individualized education
program facilitation.
(e) The commissioner shall adopt rules necessary to
implement this section.
SECTION 2. Not later than January 1, 2013, the Texas
Education Agency shall submit a report to the legislature regarding
the implementation and effectiveness of individualized education
program facilitation, including facilitation provided by an
independent facilitator and facilitation provided by a school
district employee acting as a facilitator.
SECTION 3. This Act applies beginning with the 2011-2012
school year.
SECTION 4. 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, 2011.
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