Texas 2011 - 82nd Regular

Texas Senate Bill SB1328 Compare Versions

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1	1	By: Watson S.B. No. 1328
2	2	(In the Senate - Filed March 9, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Education; April 26, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 8, Nays 0; April 26, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1328 By: Gallegos
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to optional dispute resolution methods regarding
12	12	educational services for students with a disability, including
13	13	individualized education program facilitation.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subchapter A, Chapter 29, Education Code, is
16	16	amended by adding Sections 29.019 and 29.020 to read as follows:
17	17	Sec. 29.019. OPTIONAL DISPUTE RESOLUTION. (a) The agency
18	18	and each school district shall provide information to parents
19	19	regarding optional dispute resolution methods that may be used when
20	20	a dispute arises between the district and a parent of a student with
21	21	a disability. The information:
22	22	(1) must be included with other information provided
23	23	to the parent of a student with a disability; and
24	24	(2) may be provided in a written or electronic format.
25	25	(b) Information provided by the agency under this section
26	26	must indicate that individualized education program facilitation
27	27	is an optional dispute resolution method that some districts may
28	28	choose to provide on a voluntary basis.
29	29	(c) If a school district chooses to offer individualized
30	30	education program facilitation as an optional dispute resolution
31	31	method:
32	32	(1) the district may determine whether to offer
33	33	facilitation through an independent facilitator, through a
34	34	district employee serving as a facilitator, or through a
35	35	combination of those methods;
36	36	(2) the information provided by the district under
37	37	this section must include a description of any applicable
38	38	procedures for requesting the facilitation; and
39	39	(3) the facilitation must be provided at no cost to a
40	40	parent.
41	41	(d) The use or availability of an optional dispute
42	42	resolution method, including individualized education program
43	43	facilitation, may not in any manner be used to deny or delay the
44	44	right to pursue a special education complaint, mediation, or due
45	45	process hearing in accordance with federal law.
46	46	(e) The commissioner shall adopt rules necessary to
47	47	implement this section.
48	48	Sec. 29.020. INDEPENDENT INDIVIDUALIZED EDUCATION PROGRAM
49	49	FACILITATION. (a) The agency shall develop criteria and
50	50	procedures in accordance with this section applicable to
51	51	independent individualized education program facilitation provided
52	52	by the agency or a school district or regional education service
53	53	center. If the agency or a school district or regional education
54	54	service center chooses to provide independent individualized
55	55	education program facilitation, the facilitation must comply with
56	56	the criteria and procedures developed under this section.
57	57	(b) The criteria and procedures must include:
58	58	(1) a definition of independent individualized
59	59	education program facilitation;
60	60	(2) forms for implementing independent individualized
61	61	education program facilitation;
62	62	(3) training requirements for independent
63	63	facilitators; and
64	64	(4) an evaluation process through which information
65	65	may be collected regarding the implementation and effectiveness of
66	66	independent individualized education program facilitation provided
67	67	by the agency or a school district or regional education service
68	68	center.
69	69	(c) If the commissioner determines that adequate funding is
70	70	available, the commissioner may authorize the use of state or
71	71	federal funds to assist school districts and regional education
72	72	service centers in providing independent individualized education
73	73	program facilitation.
74	74	(d) Each regional education service center shall maintain a
75	75	list of independent facilitators who meet the criteria described by
76	76	Subsection (b)(3) and make the list available to school districts
77	77	and parents who choose to use independent individualized education
78	78	program facilitation.
79	79	(e) The commissioner shall adopt rules necessary to
80	80	implement this section.
81	81	SECTION 2. Not later than January 1, 2013, the Texas
82	82	Education Agency shall submit a report to the legislature regarding
83	83	the implementation and effectiveness of individualized education
84	84	program facilitation, including facilitation provided by an
85	85	independent facilitator and facilitation provided by a school
86	86	district employee acting as a facilitator.
87	87	SECTION 3. This Act applies beginning with the 2011-2012
88	88	school year.
89	89	SECTION 4. This Act takes effect immediately if it receives
90	90	a vote of two-thirds of all the members elected to each house, as
91	91	provided by Section 39, Article III, Texas Constitution. If this
92	92	Act does not receive the vote necessary for immediate effect, this
93	93	Act takes effect September 1, 2011.
94	94	* * * * *