Texas 2017 - 85th Regular

Texas Senate Bill SB748 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zaffirini, et al. S.B. No. 748
2		-	(Allen)
	1	+	S.B. No. 748
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to transition planning for a public school student
8	6		enrolled in a special education program.
9	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	8		SECTION 1. Section 29.011, Education Code, is amended to
11	9		read as follows:
12	10		Sec. 29.011. TRANSITION PLANNING. (a) The commissioner
13	11		shall by rule adopt procedures for compliance with federal
14	12		requirements relating to transition services for students who are
15	13		enrolled in special education programs under this subchapter. The
16	14		procedures must specify the manner in which a student's admission,
17	15		review, and dismissal committee must consider, and if appropriate,
18	16		address the following issues in the student's individualized
19	17		education program:
20	18		(1) appropriate student involvement in the student's
21	19		transition to life outside the public school system;
22	20		(2) if the student is younger than 18 years of age,
23	21		appropriate [parental] involvement in the student's transition by
24	22		the student's parents and other persons invited to participate by:
25	23		(A) the student's parents; or
26	24		(B) the school district in which the student is
27	25		enrolled;
28	26		(3) if the student is at least 18 years of age,
29	27		[appropriate parental] involvement in the student's transition and
30	28		future by the student's parents and other persons, if the parent or
31	29		other person:
32	30		(A) is invited to participate by the student or
33	31		the school district in which the student is enrolled; or
34	32		(B) has the student's consent to participate
35	33		pursuant to a supported decision-making agreement under Chapter
36	34		1357, Estates Code;
37	35		(4) appropriate [any] postsecondary education
38	36		options, including preparation for postsecondary-level coursework;
39	37		(5) an appropriate [a] functional vocational
40	38		evaluation;
41	39		(6) appropriate employment goals and objectives;
42	40		(7) if the student is at least 18 years of age, the
43	41		availability of age-appropriate instructional environments,
44	42		including community settings or environments that prepare the
45	43		student for postsecondary education or training, competitive
46	44		integrated employment, or independent living, in coordination with
47	45		the student's transition goals and objectives;
48	46		(8) appropriate independent living goals and
49	47		objectives; [and]
50	48		(9) appropriate circumstances for facilitating a
51	49		referral of [referring] a student or the student's parents to a
52	50		governmental agency for services or public benefits, including a
53	51		referral to a governmental agency to place the student on a waiting
54	52		list for public benefits available to the student, such as a waiver
55	53		program established under Section 1915(c), Social Security Act (42
56	54		U.S.C. Section 1396n(c)); and
57	55		(10) the use and availability of appropriate:
58	56		(A) supplementary aids, services, curricula, and
59	57		other opportunities to assist the student in developing
60	58		decision-making skills; and
61	59		(B) supports and services to foster the student's
62	60		independence and self-determination, including a supported
63	61		decision-making agreement under Chapter 1357, Estates Code.
64	62		(a-1) A student's admission, review, and dismissal
65	63		committee shall annually review the issues described by Subsection
66	64		(a) and, if necessary, update the portions of the student's
67	65		individualized education program that address those issues.
68	66		(a-2) The commissioner shall develop and post on the
69	67		agency's Internet website a list of services and public benefits
70	68		for which referral may be appropriate under Subsection (a)(9).
71	69		(b) The commissioner shall require each school district
72	70		or shared services arrangement to designate at least one employee
73	71		to serve as the district's or shared services arrangement's
74	72		designee on transition and employment services for students
75	73		enrolled in special education programs under this subchapter. The
76	74		commissioner shall develop minimum training guidelines for a
77	75		district's or shared services arrangement's designee. An
78	76		individual designated under this subsection must provide
79	77		information and resources about effective transition planning and
80	78		services, including each issue described by Subsection (a), and
81	79		interagency coordination to ensure that local school staff
82	80		communicate and collaborate with:
83	81		(1) students enrolled in special education programs
84	82		under this subchapter and the parents of those students; and
85	83		(2) as appropriate, local and regional staff of the:
86	84		(A) Health and Human Services Commission;
87	85		(B) Texas Workforce Commission [Department of
88	86		Aging and Disability Services];
89	87		(C) [Department of Assistive and Rehabilitative
90	88		Services;
91	89		[(D)] Department of State Health Services; and
92	90		(D) [(E)] Department of Family and Protective
93	91		Services.
94	92		(c) The commissioner shall review and, if necessary, update
95	93		the minimum training guidelines developed under Subsection (b) at
96	94		least once every four years. In reviewing and updating the
97	95		guidelines, the commissioner shall solicit input from
98	96		stakeholders.
99	97		SECTION 2. Sections 29.0112(b) and (e), Education Code, are
100	98		amended to read as follows:
101	99		(b) The transition and employment guide must be written in
102	100		plain language and contain information specific to this state
103	101		regarding:
104	102		(1) transition services;
105	103		(2) employment and supported employment services;
106	104		(3) social security programs;
107	105		(4) community and long-term services and support,
108	106		including the option to place the student on a waiting list with a
109	107		governmental agency for public benefits available to the student,
110	108		such as a waiver program established under Section 1915(c), Social
111	109		Security Act (42 U.S.C. Section 1396n(c));
112	110		(5) postsecondary educational programs and services,
113	111		including the inventory maintained by the Texas Higher Education
114	112		Coordinating Board under Section 61.0663;
115	113		(6) information sharing with health and human services
116	114		agencies and providers;
117	115		(7) guardianship and alternatives to guardianship,
118	116		including a supported decision-making agreement under Chapter
119	117		1357, Estates Code;
120	118		(8) self-advocacy, person-directed planning, and
121	119		self-determination; and
122	120		(9) contact information for all relevant state
123	121		agencies.
124	122		(e) A school district shall:
125	123		(1) post the transition and employment guide on the
126	124		district's website if the district maintains a website; [and]
127	125		(2) provide written information and, if necessary,
128	126		assistance to a student or parent regarding how to access the
129	127		electronic version of the guide at:
130	128		(A) the first meeting of the student's admission,
131	129		review, and dismissal committee at which transition is discussed;
132	130		and [or]
133	131		(B) the first committee meeting at which
134	132		transition is discussed that occurs after the date on which the
135	133		guide is updated; and
136	134		(3) on request, provide a printed copy of the guide to
137	135		a student or parent [becomes available, if a student has already had
138	136		an admission, review, and dismissal committee meeting discussing
139	137		transition].
140	138		SECTION 3. Section 29.017, Education Code, is amended by
141	139		amending Subsections (c) and (d) and adding Subsections (c-1),
142	140		(c-2), (c-3), (e), and (f) to read as follows:
143	141		(c) Not later than one year before the 18th birthday of a
144	142		student with a disability, the school district at which the student
145	143		is enrolled shall:
146	144		(1) provide to the student and the student's parents:
147	145		(A) written notice regarding the transfer of
148	146		rights under this section; and
149	147		(B) information and resources regarding
150	148		guardianship, alternatives to guardianship, including a supported
151	149		decision-making agreement under Chapter 1357, Estates Code, and
152	150		other supports and services that may enable the student to live
153	151		independently; and
154	152		(2) ensure that the student's individualized education
155	153		program includes a statement that the district provided the notice,
156	154		information, and resources required under Subdivision (1).
157	155		(c-1) In accordance with 34 C.F.R. Section 300.520
158	156		[300.517], the school district shall provide written notice to
159	157		[notify] the student and the student's parents of the transfer of
160	158		rights under this section. The notice must include the information
161	159		and resources provided under Subsection (c)(1)(B).
162	160		(c-2) If a student with a disability or the student's parent
163	161		requests information regarding guardianship or alternatives to
164	162		guardianship from the school district at which the student is
165	163		enrolled, the school district shall provide to the student or
166	164		parent information and resources on supported decision-making
167	165		agreements under Chapter 1357, Estates Code.
168	166		(c-3) The commissioner shall develop and post on the
169	167		agency's Internet website a model form for use by school districts
170	168		in notifying students and parents as required by Subsections (c)
171	169		and (c-1). The form must include the information and resources
172	170		described by Subsection (c). The commissioner shall review and
173	171		update the form, including the information and resources, as
174	172		necessary.
175	173		(d) The commissioner shall develop and post on the agency's
176	174		Internet website the information and resources described by
177	175		Subsections (c), (c-1), and (c-2).
178	176		(e) Nothing in this section prohibits a student from
179	177		entering into a supported decision-making agreement under Chapter
180	178		1357, Estates Code, after the transfer of rights under this
181	179		section.
182	180		(f) The commissioner shall adopt rules implementing the
183	181		provisions of 34 C.F.R. Section 300.520(b) [300.517(b)].
184	182		SECTION 4. This Act applies beginning with the 2018-2019
185	183		school year.
186	184		SECTION 5. This Act takes effect immediately if it receives
187	185		a vote of two-thirds of all the members elected to each house, as
188	186		provided by Section 39, Article III, Texas Constitution. If this
189	187		Act does not receive the vote necessary for immediate effect, this
190	188		Act takes effect September 1, 2017.
	189	+	______________________________ ______________________________
	190	+	President of the Senate Speaker of the House
	191	+	I hereby certify that S.B. No. 748 passed the Senate on
	192	+	May 9, 2017, by the following vote: Yeas 27, Nays 4.
	193	+	______________________________
	194	+	Secretary of the Senate
	195	+	I hereby certify that S.B. No. 748 passed the House on
	196	+	May 24, 2017, by the following vote: Yeas 143, Nays 3, two
	197	+	present not voting.
	198	+	______________________________
	199	+	Chief Clerk of the House
	200	+	Approved:
	201	+	______________________________
	202	+	Date
	203	+	______________________________
	204	+	Governor