Texas 2013 - 83rd Regular

Texas House Bill HB2057 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	83R11346 KKA-F
2	2	By: Allen H.B. No. 2057
3	3	Substitute the following for H.B. No. 2057:
4	4	By: King of Hemphill C.S.H.B. No. 2057
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to alternative dispute resolution methods regarding
10	10	educational services for students with disabilities, including
11	11	individualized education program facilitation.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subchapter A, Chapter 29, Education Code, is
14	14	amended by adding Sections 29.019 and 29.020 to read as follows:
15	15	Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM
16	16	FACILITATION. (a) The agency shall provide information to parents
17	17	regarding individualized education program facilitation as an
18	18	alternative dispute resolution method that may be used to avoid a
19	19	potential dispute between a school district and a parent of a
20	20	student with a disability. A district that chooses to use
21	21	individualized education program facilitation shall provide
22	22	information to parents regarding individualized education program
23	23	facilitation. The information:
24	24	(1) must be included with other information provided
25	25	to the parent of a student with a disability, although it may be
26	26	provided as a separate document; and
27	27	(2) may be provided in a written or electronic format.
28	28	(b) Information provided by the agency under this section
29	29	must indicate that individualized education program facilitation
30	30	is an alternative dispute resolution method that some districts may
31	31	choose to provide.
32	32	(c) If a school district chooses to offer individualized
33	33	education program facilitation as an alternative dispute
34	34	resolution method:
35	35	(1) the district may determine whether to use
36	36	independent contractors, district employees, or other qualified
37	37	individuals as facilitators;
38	38	(2) the information provided by the district under
39	39	this section must include a description of any applicable
40	40	procedures for requesting the facilitation; and
41	41	(3) the facilitation must be provided at no cost to a
42	42	parent.
43	43	(d) The use of any alternative dispute resolution method,
44	44	including individualized education program facilitation, must be
45	45	voluntary on the part of the participants, and the use or
46	46	availability of any such method may not in any manner be used to
47	47	deny or delay the right to pursue a special education complaint,
48	48	mediation, or due process hearing in accordance with federal law.
49	49	(e) Nothing in this section prohibits a school district from
50	50	using individualized education program facilitation as the
51	51	district's preferred method of conducting initial and annual
52	52	admission, review, and dismissal committee meetings.
53	53	(f) The commissioner shall adopt rules necessary to
54	54	implement this section.
55	55	Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION
56	56	PROJECT. (a) The agency shall develop rules in accordance with
57	57	this section applicable to the administration of a state
58	58	individualized education program facilitation project. The
59	59	program shall include the provision of an independent
60	60	individualized education program facilitator to facilitate an
61	61	admission, review, and dismissal committee meeting with parties who
62	62	are in a dispute about decisions relating to the provision of a free
63	63	appropriate public education to a student with a disability.
64	64	Facilitation implemented under the project must comply with rules
65	65	developed under this subsection.
66	66	(b) The rules must include:
67	67	(1) a definition of independent individualized
68	68	education program facilitation;
69	69	(2) forms and procedures for requesting, conducting,
70	70	and evaluating independent individualized education program
71	71	facilitation;
72	72	(3) training, knowledge, experience, and performance
73	73	requirements for independent facilitators; and
74	74	(4) conditions required to be met in order for the
75	75	agency to provide individualized education program facilitation at
76	76	no cost to the parties.
77	77	(c) If the commissioner determines that adequate funding is
78	78	available, the commissioner may authorize the use of federal funds
79	79	to implement the individualized education program facilitation
80	80	project in accordance with this section.
81	81	(d) The commissioner shall adopt rules necessary to
82	82	implement this section.
83	83	SECTION 2. This Act applies beginning with the 2014-2015
84	84	school year.
85	85	SECTION 3. This Act takes effect immediately if it receives
86	86	a vote of two-thirds of all the members elected to each house, as
87	87	provided by Section 39, Article III, Texas Constitution. If this
88	88	Act does not receive the vote necessary for immediate effect, this
89	89	Act takes effect September 1, 2013.