86R4989 SOS-D
By: González of El Paso H.B. No. 1075
A BILL TO BE ENTITLED
AN ACT
relating to payments to school districts for certain special
education evaluations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0042 to read as follows:
Sec. 29.0042. PAYMENTS FOR FULL INDIVIDUAL AND INITIAL
EVALUATIONS. (a) Each school year from funds available to the
agency for the purpose, a school district is entitled to receive a
$1,000 payment for each full individual and initial evaluation the
district conducts under Section 29.004 during that school year.
Payments authorized under this section are in addition to other
funding the district receives through other provisions of this
code, including the allotment provided under Section 42.152.
(b) To receive payment under this section for a school year,
a school district must submit to the commissioner on or before a
date established by commissioner rule:
(1) a list that identifies each evaluation conducted
by the district under Section 29.004 for the year; and
(2) documentation sufficient to verify each
evaluation for which the district requests a payment.
(c) The commissioner shall approve an evaluation for
payment under this section if the commissioner determines a school
district's documentation submitted under Subsection (b) for the
evaluation is sufficient.
(d) If the funds available for a school year are not
sufficient to make a full $1,000 payment for each evaluation
approved for payment for that year, the commissioner shall reduce
the payment amount provided for each evaluation approved
proportionately to an amount equal to the total amount of funds
available for payments under this section divided by the total
number of evaluations approved.
(e) The commissioner shall adopt rules as necessary to
implement this section, including rules:
(1) to provide guidance for submitting a request for
payment, including submitting documentation for verification of an
evaluation under Subsection (b); and
(2) to ensure this section complies with federal law
regarding confidentiality of student medical or educational
information, including the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the
Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
Section 1232g), and any state law relating to the privacy of student
information.
SECTION 2. (a) This Act applies beginning with the
2019-2020 school year.
(b) As soon as practicable after the effective date of this
Act, the commissioner of education shall adopt rules necessary to
implement Section 29.0042, Education Code, as added by this Act.
SECTION 3. 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, 2019.