Texas 2017 - 85th Regular

Texas House Bill HB3599 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R12545 KJE-F
2	2	By: Huberty H.B. No. 3599
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to parental rights and information regarding certain
8	8	intervention strategies used with public school students.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 12.104(b), Education Code, is amended to
11	11	read as follows:
12	12	(b) An open-enrollment charter school is subject to:
13	13	(1) a provision of this title establishing a criminal
14	14	offense; and
15	15	(2) a prohibition, restriction, or requirement, as
16	16	applicable, imposed by this title or a rule adopted under this
17	17	title, relating to:
18	18	(A) the Public Education Information Management
19	19	System (PEIMS) to the extent necessary to monitor compliance with
20	20	this subchapter as determined by the commissioner;
21	21	(B) criminal history records under Subchapter C,
22	22	Chapter 22;
23	23	(C) reading instruments and accelerated reading
24	24	instruction programs under Section 28.006;
25	25	(D) accelerated instruction under Section
26	26	28.0211;
27	27	(E) high school graduation requirements under
28	28	Section 28.025;
29	29	(F) special education programs under Subchapter
30	30	A, Chapter 29;
31	31	(G) bilingual education under Subchapter B,
32	32	Chapter 29;
33	33	(H) prekindergarten programs under Subchapter E
34	34	or E-1, Chapter 29;
35	35	(I) extracurricular activities under Section
36	36	33.081;
37	37	(J) discipline management practices or behavior
38	38	management techniques under Section 37.0021;
39	39	(K) health and safety under Chapter 38;
40	40	(L) public school accountability under
41	41	Subchapters B, C, D, E, F, G, and J, Chapter 39;
42	42	(M) the requirement under Section 21.006 to
43	43	report an educator's misconduct;
44	44	(N) intensive programs of instruction under
45	45	Section 28.0213; [and]
46	46	(O) the right of a school employee to report a
47	47	crime, as provided by Section 37.148; and
48	48	(P) a parent's right to information regarding the
49	49	provision of assistance for learning difficulties to the parent's
50	50	child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d).
51	51	SECTION 2. Section 26.004, Education Code, is amended to
52	52	read as follows:
53	53	Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) In this
54	54	section, "intervention strategy" means a strategy in a multi-tiered
55	55	system of supports that is above the level of intervention
56	56	generally used in that system with all children. The term includes
57	57	response to intervention and other early intervening strategies.
58	58	(b) A parent is entitled to access to all written records of
59	59	a school district concerning the parent's child, including:
60	60	(1) attendance records;
61	61	(2) test scores;
62	62	(3) grades;
63	63	(4) disciplinary records;
64	64	(5) counseling records;
65	65	(6) psychological records;
66	66	(7) applications for admission;
67	67	(8) health and immunization information;
68	68	(9) teacher and school counselor evaluations; [and]
69	69	(10) reports of behavioral patterns; and
70	70	(11) records relating to assistance provided for
71	71	learning difficulties, including information collected regarding
72	72	any intervention strategies used with the child.
73	73	SECTION 3. Section 26.0081, Education Code, is amended by
74	74	amending Subsection (c) and adding Subsections (d) and (e) to read
75	75	as follows:
76	76	(c) The agency shall produce and provide to school districts
77	77	a written explanation of the options and requirements for providing
78	78	assistance to students who have learning difficulties or who need
79	79	or may need special education. The explanation must state that a
80	80	parent is entitled at any time to request an evaluation of the
81	81	parent's child for special education services under Section 29.004
82	82	or for aids, accommodations, or services under Section 504,
83	83	Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school
84	84	year, each district shall provide the written explanation to a
85	85	parent of each district student by including the explanation in the
86	86	student handbook or by another means.
87	87	(d) Each school year, each school district shall notify a
88	88	parent of each child receiving assistance from the district for
89	89	learning difficulties, including through the use of intervention
90	90	strategies, as that term is defined by Section 26.004, that the
91	91	district provides that assistance to the child. The notice must:
92	92	(1) be written in English or, to the extent
93	93	practicable, the parent's native language; and
94	94	(2) include:
95	95	(A) a reasonable description of the assistance,
96	96	including any instructional strategies used;
97	97	(B) information collected regarding any
98	98	intervention strategies that have been used with the child;
99	99	(C) an estimate of the duration for which the
100	100	assistance will be provided;
101	101	(D) the dates on which a report on the child's
102	102	progress will be provided to the parent; and
103	103	(E) a copy of the explanation provided under
104	104	Subsection (c).
105	105	(e) The notice required under Subsection (d) may be provided
106	106	to a child's parent at a meeting of the child's admission, review,
107	107	and dismissal committee or of the team established for the child
108	108	under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section
109	109	794), if applicable.
110	110	SECTION 4. Section 42.006, Education Code, is amended by
111	111	adding Subsection (a-3) to read as follows:
112	112	(a-3) The commissioner by rule shall require each school
113	113	district and open-enrollment charter school to report through the
114	114	Public Education Information Management System information
115	115	regarding the number of students enrolled in the district or school
116	116	with whom the district or school, as applicable, uses intervention
117	117	strategies, as that term is defined by Section 26.004. The agency
118	118	shall maintain the information provided in accordance with this
119	119	subsection.
120	120	SECTION 5. This Act applies beginning with the 2017-2018
121	121	school year.
122	122	SECTION 6. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2017.