Texas 2017 - 85th Regular

Texas Senate Bill SB1881 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R5309 MK-F
1	2		By: Menéndez S.B. No. 1881
2		-	(In the Senate - Filed March 10, 2017; March 23, 2017, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	May 1, 2017, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 9, Nays 0; May 1, 2017, sent
6		-	to printer.)
7		-	COMMITTEE SUBSTITUTE FOR S.B. No. 1881 By: Uresti
8	3
9	4
10	5		A BILL TO BE ENTITLED
11	6		AN ACT
12	7		relating to the appointment of foster parents and other qualified
13	8		persons to serve as educational decision-makers for certain
14	9		children in the conservatorship of the Department of Family and
15	10		Protective Services.
16	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	12		SECTION 1. Section 29.002, Education Code, is amended to
18	13		read as follows:
19	14		Sec. 29.002. DEFINITIONS [DEFINITION]. In this subchapter:
20		-	(1) "Parent" has the ~~meaning~~ assigned by the
	15	+	(1) "Parent" has the definition assigned by the
21	16		Individuals with Disabilities Education Act (20 U.S.C. Section
22	17		1401(23)).
23	18		(2) "Special [, "special] services" means:
24	19		(A) [(1)] special education instruction, which
25	20		may be provided by professional and supported by paraprofessional
26	21		personnel in the regular classroom or in an instructional
27	22		arrangement described by Section 42.151; and
28	23		(B) [(2)] related services, which are
29	24		developmental, corrective, supportive, or evaluative services, not
30	25		instructional in nature, that may be required for the student to
31	26		benefit from special education instruction and for implementation
32	27		of a student's individualized education program.
33	28		SECTION 2. Section 29.015, Education Code, is amended to
34	29		read as follows:
35		-	Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR
36		-	CHILDREN IN FOSTER CARE [FOSTER PARENTS]. (a) [The school
37		-	district shall give preferential consideration to a foster parent
38		-	of a child with a disability when assigning a surrogate parent for
39		-	the child.
	30	+	Sec. 29.015. EDUCATIONAL DECISION-MAKING FOR CHILDREN IN
	31	+	FOSTER CARE [FOSTER PARENTS]. (a) [The school district shall give
	32	+	preferential consideration to a foster parent of a child with a
	33	+	disability when assigning a surrogate parent for the child.
40	34		[(b)] A foster parent may act as a parent of a child with a
41	35		disability, as authorized under 20 U.S.C. Section 1415(b) and its
42	36		subsequent amendments, if:
43	37		(1) the Department of Family and Protective [and
44	38		Regulatory] Services is appointed as the temporary or permanent
45	39		managing conservator of the child;
46	40		(2) the rights and duties of the department to make
47		-	decisions regarding special education provided to the child under
48		-	Section 153.371, Family Code, have not been limited by court order
49		-	[the child has been placed with the foster parent for at least 60
50		-	days]; and
	41	+	decisions regarding the child's education under Section 153.371,
	42	+	Family Code, have not been limited by court order [the child has
	43	+	been placed with the foster parent for at least 60 days]; and
51	44		(3) the foster parent agrees to:
52		-	(A) participate in making ~~special education~~
53		-	~~[educational] decisions~~ on the child's behalf; and
	45	+	(A) participate in making educational decisions
	46	+	on the child's behalf; and
54	47		(B) complete a training program [for surrogate
55	48		parents] that complies with minimum standards established by agency
56	49		rule [; and
57	50		[(4) the foster parent has no interest that conflicts
58	51		with the child's interests].
59	52		(b) A foster parent who will act as a parent of a child with
60	53		a disability as provided by Subsection (a) must complete a training
61	54		program before the next scheduled admission, review, and dismissal
62		-	committee meeting for the child but not later than the 90th day
	55	+	committee meeting for the child, but not later than the 90th day
63	56		after the date the foster parent begins acting as the parent for the
64	57		purpose of making education decisions.
65	58		(b-1) A school district may not require a foster parent to
66	59		retake a training program to continue serving as a child's parent or
67	60		to serve as the surrogate parent for another child if the foster
68	61		parent has completed a training program to act as a parent of a
69	62		child with a disability provided by:
70	63		(1) the Department of Family and Protective Services;
71	64		(2) a school district;
72	65		(3) an education service center; or
73	66		(4) any other entity that receives federal funds to
74		-	provide ~~special education~~ training to parents.
	67	+	provide training to parents.
75	68		(c) A foster parent who is denied the right to act as a
76	69		[surrogate parent or a] parent under this section by a school
77	70		district may file a complaint with the agency in accordance with
78	71		federal law and regulations.
79	72		(d) Not later than the fifth day after the date a child with
80	73		a disability is enrolled in a school, the Department of Family and
81	74		Protective Services must inform the appropriate school district if
82	75		the child's foster parent is unwilling or unable to serve as a
83	76		parent for the purposes of this subchapter.
84	77		SECTION 3. Subchapter A, Chapter 29, Education Code, is
85	78		amended by adding Section 29.0151 to read as follows:
86	79		Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN
87		-	CHILDREN. (a) This section applies to a child with a disability
88		-	~~for~~ whom:
	80	+	CHILDREN. (a) This section applies to a child with a disability for
	81	+	whom:
89	82		(1) the Department of Family and Protective Services
90	83		is appointed as the temporary or permanent managing conservator of
91	84		the child; and
92	85		(2) the rights and duties of the department to make
93	86		decisions regarding the child's education under Section 153.371,
94	87		Family Code, have not been limited by court order.
95	88		(b) Except as provided by Section 263.0025, Family Code, a
96	89		school district must appoint an individual to serve as the
97	90		surrogate parent for a child if:
98	91		(1) the district is unable to identify or locate a
99	92		parent for a child with a disability; or
100	93		(2) the foster parent of a child is unwilling or unable
101	94		to serve as a parent for the purposes of this subchapter.
102	95		(c) A surrogate parent appointed by a school district may
103	96		not:
104	97		(1) be an employee of the state, the school district,
105		-	or any other agency involved in the education or care of the child;
106		-	or
	98	+	or any entity that is compensated to provide care for the child; or
107	99		(2) have any interest that conflicts with the
108	100		interests of the child.
109	101		(d) A surrogate parent appointed by a district must:
110	102		(1) be willing to serve in that capacity;
111	103		(2) exercise independent judgment in pursuing the
112	104		child's interests;
113	105		(3) ensure that the child's due process rights under
114	106		applicable state and federal laws are not violated;
115	107		(4) complete a training program that complies with
116	108		minimum standards established by agency rule within the time
117	109		specified in Section 29.015(b);
118	110		(5) visit the child and the school where the child is
119	111		enrolled;
120	112		(6) review the child's educational records;
121	113		(7) consult with any person involved in the child's
122	114		education, including the child's:
123	115		(A) teachers;
124	116		(B) caseworkers;
125	117		(C) court-appointed volunteers;
126	118		(D) guardian ad litem;
127	119		(E) attorney ad litem;
128	120		(F) foster parent; and
129		-	(G) ~~caregiver~~; and
	121	+	(G) caretaker; and
130	122		(8) attend meetings of the child's admission, review,
131	123		and dismissal committee.
132	124		(e) The district may appoint a person who has been appointed
133	125		to serve as a child's guardian ad litem or as a court-certified
134	126		volunteer advocate, as provided under Section 107.031(c), Family
135	127		Code, as the child's surrogate parent.
136	128		(f) If a court appoints a surrogate parent for a child with a
137	129		disability under Section 263.0025, Family Code, and the school
138		-	district determines that the surrogate parent is ~~failing to perform~~
139		-	~~or is not properly~~ performing the duties listed under Subsection
140		-	~~(d), the district~~ shall ~~consult with~~ the Department of Family and
141		-	~~Protective Services and~~ appoint another person to serve as the
142		-	~~surrogate parent for the~~ child.
	130	+	district determines that the surrogate parent is not properly
	131	+	performing the duties listed under Subsection (d), the district
	132	+	shall notify the Department of Family and Protective Services and
	133	+	appoint another person to serve as the surrogate parent for the
	134	+	child.
143	135		(g) On receiving notice from a school district under
144	136		Subsection (f), the Department of Family and Protective Services
145	137		must promptly notify the court of the failure of the appointed
146	138		surrogate parent to properly perform the duties required under this
147	139		section.
148	140		SECTION 4. Section 107.031(c), Family Code, is amended to
149	141		read as follows:
150	142		(c) A court-certified volunteer advocate appointed under
151	143		this section may be assigned to act as a surrogate parent for the
152	144		child, as provided by 20 U.S.C. Section 1415(b), if:
153	145		(1) the child is in the conservatorship of the
154	146		Department of Family and Protective Services;
155	147		(2) the volunteer advocate is serving as guardian ad
156	148		litem for the child; [and]
157	149		(3) a foster parent of the child is not acting as the
158	150		child's parent under Section 29.015, Education Code; and
159	151		(4) the volunteer advocate completes a training
160	152		program for surrogate parents that complies with minimum standards
161		-	established by rule by the Texas Education Agency within the time
	153	+	established by rule by the Texas Education Agency, within the time
162	154		specified by Section 29.015(b), Education Code.
163	155		SECTION 5. Section 263.0025, Family Code, is amended to
164	156		read as follows:
165	157		Sec. 263.0025. EDUCATIONAL DECISION-MAKING FOR CHILDREN IN
166		-	FOSTER CARE [APPOINTMENT OF SURROGATE PARENT]. (a) In this
167		-	section:
	158	+	FOSTER CARE [APPOINTMENT OF SURROGATE PARENT]. (a) In this section:
168	159		(1) "Child" means a child in the temporary or
169	160		permanent managing conservatorship of the department who is
170	161		eligible under Section 29.003, Education Code, to participate in a
171	162		school district's special education program.
172	163		(2) "Parent" has the definition assigned by the
173	164		Individuals with Disabilities Education Act (20 U.S.C. Section
174	165		1401(23)) [If a child in the temporary or permanent conservatorship
175	166		of the department is eligible under Section 29.003, Education Code,
176	167		to participate in a school district's special education program,
177	168		the court may, when necessary to ensure that the educational rights
178	169		of the child are protected, appoint a surrogate parent who:
179	170		[(1) is willing to serve in that capacity; and
180	171		[(2) meets the requirements of 20 U.S.C. Section
181	172		1415(b) and Section 29.001(10), Education Code].
182	173		(a-1) A foster parent for a child may act as a parent for the
183	174		child, as authorized under 20 U.S.C. Section 1415(b), if:
184	175		(1) the rights and duties of the department to make
185	176		decisions regarding the child's education under Section 153.371
186	177		have not been limited by court order; and
187	178		(2) the foster parent agrees to the requirements of
188	179		Sections 29.015(a)(3) and (b), Education Code.
189	180		(a-2) Sections 29.015(b-1), (c), and (d), Education Code,
190	181		apply to a foster parent who acts or desires to act as a parent for a
191	182		child for the purpose of making special education decisions.
192	183		(b) To ensure the educational rights of a child are
193	184		protected in the special education process, the court may appoint a
194	185		surrogate parent for the child if:
195	186		(1) the child's school district is unable to identify
196	187		or locate a parent for the child; or
197	188		(2) the foster parent of the child is unwilling or
198	189		unable to serve as a parent for the purposes of this subchapter [In
199	190		appointing a surrogate parent for a child, the court shall give
200	191		preferential consideration to a foster parent of the child as
201	192		required under Section 29.015, Education Code].
202	193		(c) Except as provided by Subsection (d), the court may
203	194		appoint a person to serve as a child's surrogate parent if the
204	195		person:
205	196		(1) is willing to serve in that capacity; and
206	197		(2) meets the requirements of 20 U.S.C. Section
207	198		1415(b) [If the court does not appoint a child's foster parent to
208	199		serve as the child's surrogate parent, the court shall give
209	200		consideration to:
210	201		[(1) a relative or other designated caregiver as
211	202		defined by Section 264.751; or
212	203		[(2) a court-appointed volunteer advocate who has been
213	204		appointed to serve as the child's guardian ad litem, as provided by
214	205		Section 107.031(c)].
215	206		(d) The following persons may not be appointed as a
216	207		surrogate parent for the child:
217	208		(1) an employee of the department;
218	209		(2) an employee of the Texas Education Agency;
219	210		(3) an employee of a school or school district; or
220	211		(4) an employee of any other agency that is involved in
221	212		the education or care of the child.
222	213		(e) The court may appoint a child's guardian ad litem or
223	214		court-certified volunteer advocate, as provided by Section
224	215		107.031(c), as the child's surrogate parent.
225	216		(f) In appointing a person to serve as the surrogate parent
226	217		for a child, the court may consider the person's ability to meet the
227		-	qualifications listed under ~~Sections~~ 29.0151(d)(2)-(8), Education
	218	+	qualifications listed under Section 29.0151(d)(2)-(8), Education
228	219		Code.
229	220		(g) If the court prescribes training for a person who is
230	221		appointed as the surrogate parent for a child, the training program
231	222		must comply with the minimum standards for training established by
232	223		rule by the Texas Education Agency.
233	224		SECTION 6. This Act takes effect September 1, 2017.
234		-	* * * * *