Texas 2017 - 85th Regular

Texas House Bill HB4027 Compare Versions

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Version 2 (New)

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1		-	~~85R25620 KJE-F~~
	1	+	2017S0118-1 01/27/17
2	2		By: Allen H.B. No. 4027
3		-	Substitute the following for H.B. No. 4027:
4		-	By: Koop C.S.H.B. No. 4027
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to transition planning for a public school student
10	8		enrolled in a special education program.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 29.011, Education Code, is amended to
13	11		read as follows:
14	12		Sec. 29.011. TRANSITION PLANNING. (a) The commissioner
15	13		shall by rule adopt procedures for compliance with federal
16	14		requirements relating to transition services for students who are
17	15		enrolled in special education programs under this subchapter. The
18	16		procedures must specify the manner in which a student's admission,
19		-	review, and dismissal committee must consider, and ~~if appropriate,~~
20		-	address the following issues in the student's ~~individualized~~
21		-	education program:
	17	+	review, and dismissal committee must consider[,] and appropriately
	18	+	[if appropriate,] address the following issues in the student's
	19	+	individualized education program:
22	20		(1) appropriate student involvement in the student's
23	21		transition to life outside the public school system;
24	22		(2) if the student is younger than 18 years of age,
25	23		appropriate [parental] involvement in the student's transition by
26	24		the student's parents and other persons invited to participate by:
27	25		(A) the student's parents; or
28	26		(B) the school district in which the student is
29	27		enrolled;
30	28		(3) if the student is at least 18 years of age,
31		-	[~~appropriate~~ parental] involvement in the student's transition and
	29	+	appropriate [parental] involvement in the student's transition and
32	30		future by the student's parents and other persons, if the parent or
33	31		other person:
34	32		(A) is invited to participate by the student or
35	33		the school district in which the student is enrolled; or
36	34		(B) has the student's consent to participate
37	35		pursuant to a supported decision-making agreement under Chapter
38		-	1357, Estates Code;
	36	+	1357, Estates Code, or a similar agreement;
39	37		(4) appropriate [any] postsecondary education
40	38		options, including preparation for postsecondary-level coursework;
41	39		(5) an appropriate [a] functional vocational
42	40		evaluation;
43	41		(6) appropriate employment goals and objectives;
44	42		(7) if the student is at least 18 years of age, the
45	43		availability of age-appropriate instructional environments,
46	44		including community settings or environments that prepare the
47	45		student for postsecondary education or training, competitive
48		-	integrated employment, or independent living, in coordination with
	46	+	integrated employment, or independent living in coordination with
49	47		the student's transition goals and objectives;
50	48		(8) appropriate independent living goals and
51	49		objectives; [and]
52		-	(9) appropriate circumstances for facilitating a
	50	+	(9) appropriate circumstances for facilitating the
53	51		referral of [referring] a student or the student's parents to a
54		-	governmental agency for services or public benefits, including a
55		-	referral to a governmental agency to place the student on a waiting
56		-	list for public benefits available to the student, such as a waiver
57		-	program established under Section 1915(c), Social Security Act (42
58		-	U.S.C. Section 1396n(c)); and
59		-	(10) the use and availability of appropriate:
60		-	(A) supplementary aids, services, curricula, and
61		-	other opportunities to assist the student in developing
62		-	decision-making skills; and
63		-	(B) supports and services to foster the student's
64		-	independence and self-determination, including a supported
65		-	decision-making agreement under Chapter 1357, Estates Code.
	52	+	governmental agency for services and public benefits, including
	53	+	facilitating the referral of the student or the student's parents
	54	+	to a governmental agency to place the student on a waiting list for
	55	+	public benefits available to the student, such as a waiver program
	56	+	established under Section 1915(c), Social Security Act (42 U.S.C.
	57	+	Section 1396n(c)); and
	58	+	(10) the use and availability of:
	59	+	(A) appropriate supplementary aids, services,
	60	+	curriculum, and other opportunities to assist the student in
	61	+	developing decision-making skills; and
	62	+	(B) appropriate supports and services to foster
	63	+	the student's independence and self-determination, including a
	64	+	supported decision-making agreement under Chapter 1357, Estates
	65	+	Code.
66	66		(a-1) A student's admission, review, and dismissal
67	67		committee shall annually review the issues described by Subsection
68	68		(a) and, if necessary, update the portions of the student's
69	69		individualized education program that address those issues.
70		-	(a-2) The commissioner shall ~~develop and post~~ on the
71		-	~~agency's~~ Internet website a list of services and public benefits
72		-	~~for which referral may be appropriate under~~ Subsection (a)(9).
	70	+	(a-2) The commissioner shall maintain on the agency's
	71	+	Internet website a list of the services and public benefits
	72	+	described by Subsection (a)(9).
73	73		(b) The commissioner shall require each school district or
74	74		shared services arrangement to designate at least one employee to
75	75		serve as the district's or shared services arrangement's designee
76	76		on transition and employment services for students enrolled in
77		-	special education programs under this subchapter. The
78		-	commissioner shall develop minimum training guidelines for a
79		-	district's or shared services arrangement's designee. An
80		-	individual designated under this subsection must provide
81		-	information and resources about effective transition planning and
82		-	services, including each issue described by Subsection (a), and
83		-	interagency coordination to ensure that local school staff
84		-	communicate and collaborate with:
	77	+	special education programs under this subchapter. The commissioner
	78	+	shall develop minimum training guidelines for a district's or
	79	+	shared services arrangement's designee. An individual designated
	80	+	under this subsection must provide information and resources about
	81	+	effective transition planning and services, including each issue
	82	+	described by Subsection (a), and interagency coordination to ensure
	83	+	that local school staff communicate and collaborate with:
85	84		(1) students enrolled in special education programs
86	85		under this subchapter and the parents of those students; and
87	86		(2) as appropriate, local and regional staff of the:
88	87		(A) Health and Human Services Commission;
89	88		(B) Texas Workforce Commission [Department of
90	89		Aging and Disability Services];
91	90		(C) [Department of Assistive and Rehabilitative
92	91		Services;
93	92		[(D)] Department of State Health Services; and
94	93		(D) [(E)] Department of Family and Protective
95	94		Services.
96		-	(c) The commissioner shall review and, if necessary, update
97		-	the minimum training guidelines developed under Subsection (b) at
98		-	least once every four years. In reviewing and updating the
99		-	guidelines, the commissioner shall solicit input from
100		-	stakeholders.
	95	+	(b-1) At least every four years, the commissioner shall
	96	+	review and, if necessary, update the minimum training guidelines
	97	+	described by Subsection (b). In reviewing the guidelines, the
	98	+	commissioner shall solicit input from interested stakeholders.
101	99		SECTION 2. Sections 29.0112(b) and (e), Education Code, are
102	100		amended to read as follows:
103	101		(b) The transition and employment guide must be written in
104	102		plain language and contain information specific to this state
105	103		regarding:
106	104		(1) transition services;
107	105		(2) employment and supported employment services;
108	106		(3) social security programs;
109	107		(4) community and long-term services and support,
110		-	including ~~the option to place~~ the student on a waiting ~~list with a~~
111		-	~~governmental agency~~ for public benefits available to the student,
112		-	such as a waiver program established under ~~Section 1915(c), Social~~
113		-	Security Act (42 U.S.C. Section 1396n(c));
	108	+	including information regarding placing the student on a waiting
	109	+	list for public benefits available to the student from a
	110	+	governmental agency, such as a waiver program established under
	111	+	Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));
114	112		(5) postsecondary educational programs and services,
115	113		including the inventory maintained by the Texas Higher Education
116	114		Coordinating Board under Section 61.0663;
117	115		(6) information sharing with health and human services
118	116		agencies and providers;
119	117		(7) guardianship and alternatives to guardianship,
120	118		including a supported decision-making agreement under Chapter
121	119		1357, Estates Code;
122	120		(8) self-advocacy, person-directed planning, and
123	121		self-determination; and
124	122		(9) contact information for all relevant state
125	123		agencies.
126	124		(e) A school district shall:
127	125		(1) post the transition and employment guide on the
128	126		district's website if the district maintains a website; [and]
129	127		(2) provide written information and, if necessary,
130	128		assistance to a student or parent regarding how to access the
131	129		electronic version of the guide at:
132	130		(A) the first meeting of the student's admission,
133	131		review, and dismissal committee at which transition is discussed;
134	132		and [or]
135	133		(B) the first committee meeting at which
136	134		transition is discussed that occurs after the date on which the
137	135		guide is updated; and
138	136		(3) on request, provide a printed copy of the guide to
139	137		a student or parent [becomes available, if a student has already had
140	138		an admission, review, and dismissal committee meeting discussing
141	139		transition].
142	140		SECTION 3. Section 29.017, Education Code, is amended by
143	141		amending Subsections (c) and (d) and adding Subsections (c-1),
144		-	(c-2), (~~c-3~~), (e), and (f) to read as follows:
	142	+	(c-2), (e), (f), and (g) to read as follows:
145	143		(c) Not later than one year before the 18th birthday of a
146	144		student with a disability, the school district at which the student
147	145		is enrolled shall:
148	146		(1) provide to the student and the student's parents:
149	147		(A) written notice regarding the transfer of
150	148		rights under this section; and
151	149		(B) information and resources regarding
152	150		guardianship, alternatives to guardianship, including a supported
153	151		decision-making agreement under Chapter 1357, Estates Code, and
154	152		other supports and services that may enable the student to live
155	153		independently; and
156	154		(2) ensure that the student's individualized education
157	155		program includes a statement that the district provided the notice,
158	156		information, and resources required under Subdivision (1).
159	157		(c-1) In accordance with 34 C.F.R. Section 300.520
160	158		[300.517], the school district shall provide written notice to
161	159		[notify] the student and the student's parents of the transfer of
162	160		rights under this section. The notice must include the information
163		-	and resources ~~provided under~~ Subsection (c)(1)(B).
	161	+	and resources described by Subsection (c)(1)(B).
164	162		(c-2) If a student with a disability or the student's parent
165	163		requests information regarding guardianship or alternatives to
166	164		guardianship from the school district at which the student is
167	165		enrolled, the school district shall provide to the student or
168	166		parent information and resources on supported decision-making
169	167		agreements under Chapter 1357, Estates Code.
170		-	(c-3) The commissioner shall develop and post on the
171		-	agency's Internet website a model form for use by school districts
172		-	in notifying students and parents as required by Subsections (c)
173		-	and (c-1). The form must include the information and resources
174		-	described by Subsection (c). The commissioner shall review and
175		-	update the form, including the information and resources, as
176		-	necessary.
177		-	(d) The commissioner shall develop and post on the agency's
178		-	Internet website the information and resources described by
179		-	Subsections (c), (c-1), and (c-2).
180		-	(e) Nothing in this section prohibits a student from
	168	+	(d) Nothing in this section prohibits a student from
181	169		entering into a supported decision-making agreement under Chapter
182	170		1357, Estates Code, after the transfer of rights under this
183	171		section.
184		-	(f) The commissioner shall adopt rules implementing the
	172	+	(e) The commissioner shall develop a model form for use by
	173	+	school districts in notifying students and parents under
	174	+	Subsections (c) and (c-1). The commissioner shall post the form on
	175	+	the agency's Internet website.
	176	+	(f) The commissioner shall develop and update as necessary
	177	+	the information and resources described by Subsections (c), (c-1),
	178	+	and (c-2). The commissioner shall post the information and
	179	+	resources on the agency's Internet website.
	180	+	(g) The commissioner shall adopt rules implementing the
185	181		provisions of 34 C.F.R. Section 300.520(b) [300.517(b)].
186		-	SECTION 4. This Act applies beginning with the 2018~~-2019~~
	182	+	SECTION 4. This Act applies beginning with the 2017-2018
187	183		school year.
188	184		SECTION 5. This Act takes effect immediately if it receives
189	185		a vote of two-thirds of all the members elected to each house, as
190	186		provided by Section 39, Article III, Texas Constitution. If this
191	187		Act does not receive the vote necessary for immediate effect, this
192	188		Act takes effect September 1, 2017.