Texas 2019 - 86th Regular

Texas House Bill HB1075 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R4989 SOS-D
2	2	By: González of El Paso H.B. No. 1075
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to payments to school districts for certain special
8	8	education evaluations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter A, Chapter 29, Education Code, is
11	11	amended by adding Section 29.0042 to read as follows:
12	12	Sec. 29.0042. PAYMENTS FOR FULL INDIVIDUAL AND INITIAL
13	13	EVALUATIONS. (a) Each school year from funds available to the
14	14	agency for the purpose, a school district is entitled to receive a
15	15	$1,000 payment for each full individual and initial evaluation the
16	16	district conducts under Section 29.004 during that school year.
17	17	Payments authorized under this section are in addition to other
18	18	funding the district receives through other provisions of this
19	19	code, including the allotment provided under Section 42.152.
20	20	(b) To receive payment under this section for a school year,
21	21	a school district must submit to the commissioner on or before a
22	22	date established by commissioner rule:
23	23	(1) a list that identifies each evaluation conducted
24	24	by the district under Section 29.004 for the year; and
25	25	(2) documentation sufficient to verify each
26	26	evaluation for which the district requests a payment.
27	27	(c) The commissioner shall approve an evaluation for
28	28	payment under this section if the commissioner determines a school
29	29	district's documentation submitted under Subsection (b) for the
30	30	evaluation is sufficient.
31	31	(d) If the funds available for a school year are not
32	32	sufficient to make a full $1,000 payment for each evaluation
33	33	approved for payment for that year, the commissioner shall reduce
34	34	the payment amount provided for each evaluation approved
35	35	proportionately to an amount equal to the total amount of funds
36	36	available for payments under this section divided by the total
37	37	number of evaluations approved.
38	38	(e) The commissioner shall adopt rules as necessary to
39	39	implement this section, including rules:
40	40	(1) to provide guidance for submitting a request for
41	41	payment, including submitting documentation for verification of an
42	42	evaluation under Subsection (b); and
43	43	(2) to ensure this section complies with federal law
44	44	regarding confidentiality of student medical or educational
45	45	information, including the Health Insurance Portability and
46	46	Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the
47	47	Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
48	48	Section 1232g), and any state law relating to the privacy of student
49	49	information.
50	50	SECTION 2. (a) This Act applies beginning with the
51	51	2019-2020 school year.
52	52	(b) As soon as practicable after the effective date of this
53	53	Act, the commissioner of education shall adopt rules necessary to
54	54	implement Section 29.0042, Education Code, as added by this Act.
55	55	SECTION 3. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2019.