85R8406 KKA-D
By: RodrÃguez S.B. No. 927
A BILL TO BE ENTITLED
AN ACT
relating to a special education recovery program operated by the
Texas Education Agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.023 to read as follows:
Sec. 29.023. SPECIAL EDUCATION RECOVERY PROGRAM. (a) The
agency shall develop and operate a special education recovery
program for the benefit of students who may have been negatively
affected by the agency's use of a performance indicator under the
performance-based monitoring analysis system that evaluated the
percentage of the total number of enrolled students of a school
district who received special education services.
(b) In operating the program, the agency shall:
(1) identify each student who, during the 2004-2005
through 2016-2017 school years, was denied special education
services by a school district designated for the program in
accordance with Subsection (c);
(2) subject to Subsection (d), provide notice to the
parent of each identified student that the student is entitled to
reevaluation of eligibility for special education services if
requested by the parent; and
(3) make arrangements for:
(A) the reevaluation of each student whose parent
requests reevaluation; and
(B) the provision of special education services
to a student determined to be eligible for services.
(c) The agency shall designate for participation in the
program each school district in which the participation of students
in the district's special education program declined as follows:
(1) the number of district students receiving special
education services during the 2016-2017 school year was at least
200 fewer than the number of district students receiving special
education services during the 2004-2005 school year; or
(2) the district's enrollment rate of students
receiving special education services during the 2016-2017 school
year was at least 75 percent less than the district's enrollment
rate of students receiving special education services during the
2004-2005 school year.
(d) The agency is not required to provide notification under
Subsection (b)(2) or take further action in accordance with this
section if the identified student is 21 years of age or older.
(e) The agency shall operate the program using federal funds
available to the agency for statewide special education activities.
(f) The commissioner may adopt rules necessary to implement
this section.
(g) This section expires September 1, 2021.
SECTION 2. 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, 2017.