Texas 2013 - 83rd Regular

Texas Senate Bill SB542 Compare Versions

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1	1	By: Watson, et al. S.B. No. 542
2	2	(Allen)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to alternative dispute resolution methods regarding
8	8	educational services for students with disabilities, including
9	9	individualized education program facilitation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 29, Education Code, is
12	12	amended by adding Sections 29.019 and 29.020 to read as follows:
13	13	Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM
14	14	FACILITATION. (a) The agency shall provide information to parents
15	15	regarding individualized education program facilitation as an
16	16	alternative dispute resolution method that may be used to avoid a
17	17	potential dispute between a school district and a parent of a
18	18	student with a disability. A district that chooses to use
19	19	individualized education program facilitation shall provide
20	20	information to parents regarding individualized education program
21	21	facilitation. The information:
22	22	(1) must be included with other information provided
23	23	to the parent of a student with a disability, although it may be
24	24	provided as a separate document; and
25	25	(2) may be provided in a written or electronic format.
26	26	(b) Information provided by the agency under this section
27	27	must indicate that individualized education program facilitation
28	28	is an alternative dispute resolution method that some districts may
29	29	choose to provide.
30	30	(c) If a school district chooses to offer individualized
31	31	education program facilitation as an alternative dispute
32	32	resolution method:
33	33	(1) the district may determine whether to use
34	34	independent contractors, district employees, or other qualified
35	35	individuals as facilitators;
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 of any alternative dispute resolution method,
42	42	including individualized education program facilitation, must be
43	43	voluntary on the part of the participants, and the use or
44	44	availability of any such method may not in any manner be used to
45	45	deny or delay the right to pursue a special education complaint,
46	46	mediation, or due process hearing in accordance with federal law.
47	47	(e) Nothing in this section prohibits a school district from
48	48	using individualized education program facilitation as the
49	49	district's preferred method of conducting initial and annual
50	50	admission, review, and dismissal committee meetings.
51	51	(f) The commissioner shall adopt rules necessary to
52	52	implement this section.
53	53	Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION
54	54	PROJECT. (a) The agency shall develop rules in accordance with
55	55	this section applicable to the administration of a state
56	56	individualized education program facilitation project. The
57	57	program shall include the provision of an independent
58	58	individualized education program facilitator to facilitate an
59	59	admission, review, and dismissal committee meeting with parties who
60	60	are in a dispute about decisions relating to the provision of a free
61	61	appropriate public education to a student with a disability.
62	62	Facilitation implemented under the project must comply with rules
63	63	developed under this subsection.
64	64	(b) The rules must include:
65	65	(1) a definition of independent individualized
66	66	education program facilitation;
67	67	(2) forms and procedures for requesting, conducting,
68	68	and evaluating independent individualized education program
69	69	facilitation;
70	70	(3) training, knowledge, experience, and performance
71	71	requirements for independent facilitators; and
72	72	(4) conditions required to be met in order for the
73	73	agency to provide individualized education program facilitation at
74	74	no cost to the parties.
75	75	(c) If the commissioner determines that adequate funding is
76	76	available, the commissioner may authorize the use of federal funds
77	77	to implement the individualized education program facilitation
78	78	project in accordance with this section.
79	79	(d) The commissioner shall adopt rules necessary to
80	80	implement this section.
81	81	SECTION 2. This Act applies beginning with the 2014-2015
82	82	school year.
83	83	SECTION 3. This Act takes effect immediately if it receives
84	84	a vote of two-thirds of all the members elected to each house, as
85	85	provided by Section 39, Article III, Texas Constitution. If this
86	86	Act does not receive the vote necessary for immediate effect, this
87	87	Act takes effect September 1, 2013.