By: Watson, et al. S.B. No. 542
(Allen)
A BILL TO BE ENTITLED
AN ACT
relating to alternative dispute resolution methods regarding
educational services for students with disabilities, 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. INDIVIDUALIZED EDUCATION PROGRAM
FACILITATION. (a) The agency shall provide information to parents
regarding individualized education program facilitation as an
alternative dispute resolution method that may be used to avoid a
potential dispute between a school district and a parent of a
student with a disability. A district that chooses to use
individualized education program facilitation shall provide
information to parents regarding individualized education program
facilitation. The information:
(1) must be included with other information provided
to the parent of a student with a disability, although it may be
provided as a separate document; 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 alternative dispute resolution method that some districts may
choose to provide.
(c) If a school district chooses to offer individualized
education program facilitation as an alternative dispute
resolution method:
(1) the district may determine whether to use
independent contractors, district employees, or other qualified
individuals as facilitators;
(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 of any alternative dispute resolution method,
including individualized education program facilitation, must be
voluntary on the part of the participants, and the use or
availability of any such method 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) Nothing in this section prohibits a school district from
using individualized education program facilitation as the
district's preferred method of conducting initial and annual
admission, review, and dismissal committee meetings.
(f) The commissioner shall adopt rules necessary to
implement this section.
Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION
PROJECT. (a) The agency shall develop rules in accordance with
this section applicable to the administration of a state
individualized education program facilitation project. The
program shall include the provision of an independent
individualized education program facilitator to facilitate an
admission, review, and dismissal committee meeting with parties who
are in a dispute about decisions relating to the provision of a free
appropriate public education to a student with a disability.
Facilitation implemented under the project must comply with rules
developed under this subsection.
(b) The rules must include:
(1) a definition of independent individualized
education program facilitation;
(2) forms and procedures for requesting, conducting,
and evaluating independent individualized education program
facilitation;
(3) training, knowledge, experience, and performance
requirements for independent facilitators; and
(4) conditions required to be met in order for the
agency to provide individualized education program facilitation at
no cost to the parties.
(c) If the commissioner determines that adequate funding is
available, the commissioner may authorize the use of federal funds
to implement the individualized education program facilitation
project in accordance with this section.
(d) The commissioner shall adopt rules necessary to
implement this section.
SECTION 2. This Act applies beginning with the 2014-2015
school year.
SECTION 3. 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, 2013.