Texas 2019 - 86th Regular

Texas House Bill HB2890 Compare Versions

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

Old	New	Differences
1	1	86R11630 GCB-F
2	2	By: J. Johnson of Dallas H.B. No. 2890
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the terminology used to refer to an individualized
8	8	education program team.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 5.001, Education Code, is amended by
11	11	amending Subdivision (5-a) and adding Subdivision (5-b) to read as
12	12	follows:
13	13	(5-a) "Individualized education program team" has the
14	14	meaning assigned by 20 U.S.C. Section 1414(d)(1)(B).
15	15	(5-b) "Mental health condition" means an illness,
16	16	disease, or disorder, other than epilepsy, dementia, substance
17	17	abuse, or intellectual disability, that:
18	18	(A) substantially impairs a person's thought,
19	19	perception of reality, emotional process, or judgment; or
20	20	(B) grossly impairs behavior as demonstrated by
21	21	recent disturbed behavior.
22	22	SECTION 2. Subchapter A, Chapter 7, Education Code, is
23	23	amended by adding Section 7.011 to read as follows:
24	24	Sec. 7.011. USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS
25	25	WITH DISABILITIES EDUCATION ACT. (a) The legislature and the Texas
26	26	Legislative Council are directed, with respect to drafting or
27	27	amending any new or existing statute or resolution, and the
28	28	commissioner, the agency, and all other state agencies are
29	29	directed, with respect to the proposing, adopting, or amending of
30	30	new or existing rules and the producing of state agency reference
31	31	materials or publications, including electronic media, to avoid
32	32	using the phrases "admission, review, and dismissal committee" or
33	33	"ARD committee."
34	34	(b) In enacting, revising, proposing, adopting, amending,
35	35	or producing new or existing statutes, resolutions, rules, or state
36	36	agency materials, the legislature, the Texas Legislative Council,
37	37	the commissioner, the agency, and all other state agencies are
38	38	directed to replace, as appropriate, the phrases described in
39	39	Subsection (a) with the preferred phrases "individualized
40	40	education program team" or "IEP team."
41	41	(c) A statute, resolution, or rule is not invalid solely
42	42	because it does not employ this section's preferred phrases.
43	43	SECTION 3. Section 25.007(b), Education Code, is amended to
44	44	read as follows:
45	45	(b) In recognition of the challenges faced by students who
46	46	are homeless or in substitute care, the agency shall assist the
47	47	transition of students who are homeless or in substitute care from
48	48	one school to another by:
49	49	(1) ensuring that school records for a student who is
50	50	homeless or in substitute care are transferred to the student's new
51	51	school not later than the 10th working day after the date the
52	52	student begins enrollment at the school;
53	53	(2) developing systems to ease transition of a student
54	54	who is homeless or in substitute care during the first two weeks of
55	55	enrollment at a new school;
56	56	(3) developing procedures for awarding credit,
57	57	including partial credit if appropriate, for course work, including
58	58	electives, completed by a student who is homeless or in substitute
59	59	care while enrolled at another school;
60	60	(4) developing procedures to ensure that a new school
61	61	relies on decisions made by the previous school regarding placement
62	62	in courses or educational programs of a student who is homeless or
63	63	in substitute care and places the student in comparable courses or
64	64	educational programs at the new school, if those courses or
65	65	programs are available;
66	66	(5) promoting practices that facilitate access by a
67	67	student who is homeless or in substitute care to extracurricular
68	68	programs, summer programs, credit transfer services, electronic
69	69	courses provided under Chapter 30A, and after-school tutoring
70	70	programs at nominal or no cost;
71	71	(6) establishing procedures to lessen the adverse
72	72	impact of the movement of a student who is homeless or in substitute
73	73	care to a new school;
74	74	(7) entering into a memorandum of understanding with
75	75	the Department of Family and Protective Services regarding the
76	76	exchange of information as appropriate to facilitate the transition
77	77	of students in substitute care from one school to another;
78	78	(8) encouraging school districts and open-enrollment
79	79	charter schools to provide services for a student who is homeless or
80	80	in substitute care in transition when applying for admission to
81	81	postsecondary study and when seeking sources of funding for
82	82	postsecondary study;
83	83	(9) requiring school districts, campuses, and
84	84	open-enrollment charter schools to accept a referral for special
85	85	education services made for a student who is homeless or in
86	86	substitute care by a school previously attended by the student, and
87	87	to provide comparable services to the student during the referral
88	88	process or until the new school develops an individualized
89	89	education program for the student;
90	90	(10) requiring school districts, campuses, and
91	91	open-enrollment charter schools to provide notice to the child's
92	92	educational decision-maker and caseworker regarding events that
93	93	may significantly impact the education of a child, including:
94	94	(A) requests or referrals for an evaluation under
95	95	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
96	96	special education under Section 29.003;
97	97	(B) individualized education program team
98	98	[admission, review, and dismissal committee] meetings;
99	99	(C) manifestation determination reviews required
100	100	by Section 37.004(b);
101	101	(D) any disciplinary actions under Chapter 37 for
102	102	which parental notice is required;
103	103	(E) citations issued for Class C misdemeanor
104	104	offenses on school property or at school-sponsored activities;
105	105	(F) reports of restraint and seclusion required
106	106	by Section 37.0021; and
107	107	(G) use of corporal punishment as provided by
108	108	Section 37.0011;
109	109	(11) developing procedures for allowing a student who
110	110	is homeless or in substitute care who was previously enrolled in a
111	111	course required for graduation the opportunity, to the extent
112	112	practicable, to complete the course, at no cost to the student,
113	113	before the beginning of the next school year;
114	114	(12) ensuring that a student who is homeless or in
115	115	substitute care who is not likely to receive a high school diploma
116	116	before the fifth school year following the student's enrollment in
117	117	grade nine, as determined by the district, has the student's course
118	118	credit accrual and personal graduation plan reviewed;
119	119	(13) ensuring that a student in substitute care who is
120	120	in grade 11 or 12 be provided information regarding tuition and fee
121	121	exemptions under Section 54.366 for dual-credit or other courses
122	122	provided by a public institution of higher education for which a
123	123	high school student may earn joint high school and college credit;
124	124	(14) designating at least one agency employee to act
125	125	as a liaison officer regarding educational issues related to
126	126	students in the conservatorship of the Department of Family and
127	127	Protective Services; and
128	128	(15) providing other assistance as identified by the
129	129	agency.
130	130	SECTION 4. Section 25.043(h), Education Code, is amended to
131	131	read as follows:
132	132	(h) This section does not affect:
133	133	(1) a right or obligation under Subchapter A, Chapter
134	134	29, or under the Individuals with Disabilities Education Act (20
135	135	U.S.C. Section 1400 et seq.) regarding the individual placement
136	136	decisions of an individualized education program team [the school
137	137	district admission, review, and dismissal committee]; or
138	138	(2) the right of a school district or teacher to remove
139	139	a student from a classroom under Chapter 37.
140	140	SECTION 5. Sections 26.0081(a) and (b), Education Code, are
141	141	amended to read as follows:
142	142	(a) The agency shall produce and provide to school districts
143	143	sufficient copies of a comprehensive, easily understood document
144	144	that explains the process by which an individualized education
145	145	program is developed for a student in a special education program
146	146	and the rights and responsibilities of a parent concerning the
147	147	process. The document must include information a parent needs to
148	148	effectively participate in an individualized education program
149	149	team [admission, review, and dismissal committee] meeting for the
150	150	parent's child.
151	151	(b) The agency will ensure that each school district
152	152	provides the document required under this section to the parent as
153	153	provided by 20 U.S.C. Section 1415(b):
154	154	(1) as soon as practicable after a child is referred to
155	155	determine the child's eligibility for admission into the district's
156	156	special education program, but at least five school days before the
157	157	date of the initial meeting of the individualized education program
158	158	team [admission, review, and dismissal committee]; and
159	159	(2) at any other time on reasonable request of the
160	160	child's parent.
161	161	SECTION 6. Section 28.006(g), Education Code, is amended to
162	162	read as follows:
163	163	(g) A school district shall notify the parent or guardian of
164	164	each student in kindergarten or first or second grade who is
165	165	determined, on the basis of reading instrument results, to be at
166	166	risk for dyslexia or other reading difficulties. The district
167	167	shall implement an accelerated reading instruction program that
168	168	provides reading instruction that addresses reading deficiencies
169	169	to those students and shall determine the form, content, and timing
170	170	of that program. The individualized education program team
171	171	[admission, review, and dismissal committee] of a student who
172	172	participates in a district's special education program under
173	173	Subchapter B, Chapter 29, and who does not perform satisfactorily
174	174	on a reading instrument under this section shall determine the
175	175	manner in which the student will participate in an accelerated
176	176	reading instruction program under this subsection.
177	177	SECTION 7. Sections 28.0211(i), (i-1), and (i-2), Education
178	178	Code, are amended to read as follows:
179	179	(i) The individualized education program team [admission,
180	180	review, and dismissal committee] of a student who participates in a
181	181	district's special education program under Subchapter A, Chapter
182	182	29, and who does not perform satisfactorily on an assessment
183	183	instrument specified under Subsection (a) and administered under
184	184	Section 39.023(a) or (b) must meet before the student is
185	185	administered the assessment instrument for the second time. The
186	186	team [committee] shall determine:
187	187	(1) the manner in which the student will participate
188	188	in an accelerated instruction program under this section; and
189	189	(2) whether the student will be promoted in accordance
190	190	with Subsection (i-1) or retained under this section.
191	191	(i-1) At a meeting of the individualized education program
192	192	team [admission, review, and dismissal committee] of a student
193	193	under Subsection (i), the team [committee] may promote the student
194	194	to the next grade level if the team [committee] concludes that the
195	195	student has made sufficient progress in the measurable academic
196	196	goals contained in the student's individualized education program
197	197	developed under Section 29.005. A school district that promotes a
198	198	student under this subsection is not required to provide an
199	199	additional opportunity for the student to perform satisfactorily on
200	200	the assessment instrument.
201	201	(i-2) Not later than September 1 of each school year, a
202	202	school district must notify the parent or person standing in
203	203	parental relation to a student enrolled in the district's special
204	204	education program under Subchapter A, Chapter 29, of the options of
205	205	the individualized education program team [admission, review, and
206	206	dismissal committee] under Subsections (i) and (i-1) if the student
207	207	does not perform satisfactorily on an assessment instrument.
208	208	SECTION 8. Section 28.0213(e), Education Code, is amended
209	209	to read as follows:
210	210	(e) For a student in a special education program under
211	211	Subchapter A, Chapter 29, who does not perform satisfactorily on an
212	212	assessment instrument administered under Section 39.023(a), (b),
213	213	or (c), the student's individualized education program team
214	214	[admission, review, and dismissal committee] shall design the
215	215	program to:
216	216	(1) enable the student to attain a standard of annual
217	217	growth on the basis of the student's individualized education
218	218	program; and
219	219	(2) if applicable, carry out the purposes of Section
220	220	28.0211.
221	221	SECTION 9. Sections 28.025(b-11) and (b-14), Education
222	222	Code, are amended to read as follows:
223	223	(b-11) In adopting rules under Subsection (b-1), the State
224	224	Board of Education shall allow a student who is unable to
225	225	participate in physical activity due to disability or illness to
226	226	substitute one credit in English language arts, mathematics,
227	227	science, or social studies, one credit in a course that is offered
228	228	for credit as provided by Section 28.002(g-1), or one academic
229	229	elective credit for the physical education credit required under
230	230	Subsection (b-1)(8). A credit allowed to be substituted under this
231	231	subsection may not also be used by the student to satisfy a
232	232	graduation requirement other than completion of the physical
233	233	education credit. The rules must provide that the determination
234	234	regarding a student's ability to participate in physical activity
235	235	will be made by:
236	236	(1) if the student receives special education services
237	237	under Subchapter A, Chapter 29, the student's individualized
238	238	education program team [admission, review, and dismissal
239	239	committee];
240	240	(2) if the student does not receive special education
241	241	services under Subchapter A, Chapter 29, but is covered by Section
242	242	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
243	243	committee established for the student under that Act; or
244	244	(3) if a team or a committee [each of the committees]
245	245	described by Subdivision [Subdivisions] (1) or [and] (2) is
246	246	inapplicable, a committee established by the school district of
247	247	persons with appropriate knowledge regarding the student.
248	248	(b-14) In adopting rules under Subsection (b-1), the State
249	249	Board of Education shall allow a student who, due to disability, is
250	250	unable to complete two courses in the same language in a language
251	251	other than English, as provided under Subsection (b-1)(5), to
252	252	substitute for those credits two credits in English language arts,
253	253	mathematics, science, or social studies or two credits in career
254	254	and technology education, technology applications, or other
255	255	academic electives. A credit allowed to be substituted under this
256	256	subsection may not also be used by the student to satisfy a
257	257	graduation credit requirement other than credit for completion of a
258	258	language other than English. The rules must provide that the
259	259	determination regarding a student's ability to participate in
260	260	language-other-than-English courses will be made by:
261	261	(1) if the student receives special education services
262	262	under Subchapter A, Chapter 29, the student's individualized
263	263	education program team [admission, review, and dismissal
264	264	committee]; or
265	265	(2) if the student does not receive special education
266	266	services under Subchapter A, Chapter 29, but is covered by Section
267	267	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
268	268	committee established for the student under that Act.
269	269	SECTION 10. Section 29.001, Education Code, is amended to
270	270	read as follows:
271	271	Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
272	272	modify as necessary, a statewide design, consistent with federal
273	273	law, for the delivery of services to children with disabilities in
274	274	this state that includes rules for the administration and funding
275	275	of the special education program so that a free appropriate public
276	276	education is available to all of those children between the ages of
277	277	three and 21. The statewide design shall include the provision of
278	278	services primarily through school districts and shared services
279	279	arrangements, supplemented by regional education service
280	280	centers. The agency shall also develop and implement a statewide
281	281	plan with programmatic content that includes procedures designed
282	282	to:
283	283	(1) ensure state compliance with requirements for
284	284	supplemental federal funding for all state-administered programs
285	285	involving the delivery of instructional or related services to
286	286	students with disabilities;
287	287	(2) facilitate interagency coordination when other
288	288	state agencies are involved in the delivery of instructional or
289	289	related services to students with disabilities;
290	290	(3) periodically assess statewide personnel needs in
291	291	all areas of specialization related to special education and pursue
292	292	strategies to meet those needs through a consortium of
293	293	representatives from regional education service centers, local
294	294	education agencies, and institutions of higher education and
295	295	through other available alternatives;
296	296	(4) ensure that regional education service centers
297	297	throughout the state maintain a regional support function, which
298	298	may include direct service delivery and a component designed to
299	299	facilitate the placement of students with disabilities who cannot
300	300	be appropriately served in their resident districts;
301	301	(5) allow the agency to effectively monitor and
302	302	periodically conduct site visits of all school districts to ensure
303	303	that rules adopted under this section are applied in a consistent
304	304	and uniform manner, to ensure that districts are complying with
305	305	those rules, and to ensure that annual statistical reports filed by
306	306	the districts and not otherwise available through the Public
307	307	Education Information Management System under Section 42.006 are
308	308	accurate and complete;
309	309	(6) ensure that appropriately trained personnel are
310	310	involved in the diagnostic and evaluative procedures operating in
311	311	all districts and that those personnel routinely serve on district
312	312	individualized education program teams [admissions, review, and
313	313	dismissal committees];
314	314	(7) ensure that an individualized education program
315	315	for each student with a disability is properly developed,
316	316	implemented, and maintained in the least restrictive environment
317	317	that is appropriate to meet the student's educational needs;
318	318	(8) ensure that, when appropriate, each student with a
319	319	disability is provided an opportunity to participate in career and
320	320	technology and physical education classes, in addition to
321	321	participating in regular or special classes;
322	322	(9) ensure that each student with a disability is
323	323	provided necessary related services;
324	324	(10) ensure that an individual assigned to act as a
325	325	surrogate parent for a child with a disability, as provided by 20
326	326	U.S.C. Section 1415(b), is required to:
327	327	(A) complete a training program that complies
328	328	with minimum standards established by agency rule;
329	329	(B) visit the child and the child's school;
330	330	(C) consult with persons involved in the child's
331	331	education, including teachers, caseworkers, court-appointed
332	332	volunteers, guardians ad litem, attorneys ad litem, foster parents,
333	333	and caretakers;
334	334	(D) review the child's educational records;
335	335	(E) attend meetings of the child's
336	336	individualized education program team [admission, review, and
337	337	dismissal committee];
338	338	(F) exercise independent judgment in pursuing
339	339	the child's interests; and
340	340	(G) exercise the child's due process rights under
341	341	applicable state and federal law; and
342	342	(11) ensure that each district develops a process to
343	343	be used by a teacher who instructs a student with a disability in a
344	344	regular classroom setting:
345	345	(A) to request a review of the student's
346	346	individualized education program;
347	347	(B) to provide input in the development of the
348	348	student's individualized education program;
349	349	(C) that provides for a timely district response
350	350	to the teacher's request; and
351	351	(D) that provides for notification to the
352	352	student's parent or legal guardian of that response.
353	353	SECTION 11. Section 29.004(a-1), Education Code, is amended
354	354	to read as follows:
355	355	(a-1) If a school district receives written consent signed
356	356	by a student's parent or legal guardian for a full individual and
357	357	initial evaluation of a student at least 35 but less than 45 school
358	358	days before the last instructional day of the school year, the
359	359	evaluation must be completed and the written report of the
360	360	evaluation must be provided to the parent or legal guardian not
361	361	later than June 30 of that year. The student's individualized
362	362	education program team [admission, review, and dismissal
363	363	committee] shall meet not later than the 15th school day of the
364	364	following school year to consider the evaluation. If a district
365	365	receives written consent signed by a student's parent or legal
366	366	guardian less than 35 school days before the last instructional day
367	367	of the school year or if the district receives the written consent
368	368	at least 35 but less than 45 school days before the last
369	369	instructional day of the school year but the student is absent from
370	370	school during that period on three or more days, Subsection (a)(1)
371	371	applies to the date the written report of the full individual and
372	372	initial evaluation is required.
373	373	SECTION 12. Section 29.008(c), Education Code, is amended
374	374	to read as follows:
375	375	(c) When a student, including one for whom the state is
376	376	managing conservator, is placed primarily for care or treatment
377	377	reasons in a private residential facility that operates its own
378	378	private education program, none of the costs may be paid from public
379	379	education funds. If a residential placement primarily for care or
380	380	treatment reasons involves a private residential facility in which
381	381	the education program is provided by the school district, the
382	382	portion of the costs that includes appropriate education services,
383	383	as determined by the individualized education program team [the
384	384	school district's admission, review, and dismissal committee],
385	385	shall be paid from state and federal education funds.
386	386	SECTION 13. Sections 29.005(a), (b), (b-1), (c), and (g),
387	387	Education Code, are amended to read as follows:
388	388	(a) Before a child is enrolled in a special education
389	389	program of a school district, the district shall establish an
390	390	individualized education program team [a committee] composed of the
391	391	persons required under 20 U.S.C. Section 1414(d) to develop the
392	392	child's individualized education program. If a team [committee] is
393	393	required to include a regular education teacher, the regular
394	394	education teacher included must, to the extent practicable, be a
395	395	teacher who is responsible for implementing a portion of the
396	396	child's individualized education program.
397	397	(b) The individualized education program team [committee]
398	398	shall develop the individualized education program by agreement of
399	399	the team [committee] members or, if those persons cannot agree, by
400	400	an alternate method provided by the agency. Majority vote may not
401	401	be used to determine the individualized education program.
402	402	(b-1) The written statement of the individualized education
403	403	program must document the decisions of the individualized education
404	404	program team [committee] with respect to issues discussed at each
405	405	team [committee] meeting. The written statement must include:
406	406	(1) the date of the meeting;
407	407	(2) the name, position, and signature of each member
408	408	participating in the meeting; and
409	409	(3) an indication of whether the child's parents, the
410	410	adult student, if applicable, and the administrator agreed or
411	411	disagreed with the decisions of the team [committee].
412	412	(c) If the individualized education program is not
413	413	developed by agreement, the written statement of the program
414	414	required under 20 U.S.C. Section 1414(d) must include the basis of
415	415	the disagreement. Each member of the individualized education
416	416	program team [committee] who disagrees with the individualized
417	417	education program developed by the team [committee] is entitled to
418	418	include a statement of disagreement in the written statement of the
419	419	program.
420	420	(g) The individualized education program team [committee]
421	421	may determine that a behavior improvement plan or a behavioral
422	422	intervention plan is appropriate for a student for whom the team
423	423	[committee] has developed an individualized education program. If
424	424	the team [committee] makes that determination, the behavior
425	425	improvement plan or the behavioral intervention plan shall be
426	426	included as part of the student's individualized education program
427	427	and provided to each teacher with responsibility for educating the
428	428	student.
429	429	SECTION 14. Sections 29.011(a) and (a-1), Education Code,
430	430	are amended to read as follows:
431	431	(a) The commissioner shall by rule adopt procedures for
432	432	compliance with federal requirements relating to transition
433	433	services for students who are enrolled in special education
434	434	programs under this subchapter. The procedures must specify the
435	435	manner in which a student's individualized education program team
436	436	[admission, review, and dismissal committee] must consider, and if
437	437	appropriate, address the following issues in the student's
438	438	individualized education program:
439	439	(1) appropriate student involvement in the student's
440	440	transition to life outside the public school system;
441	441	(2) if the student is younger than 18 years of age,
442	442	appropriate involvement in the student's transition by the
443	443	student's parents and other persons invited to participate by:
444	444	(A) the student's parents; or
445	445	(B) the school district in which the student is
446	446	enrolled;
447	447	(3) if the student is at least 18 years of age,
448	448	involvement in the student's transition and future by the student's
449	449	parents and other persons, if the parent or other person:
450	450	(A) is invited to participate by the student or
451	451	the school district in which the student is enrolled; or
452	452	(B) has the student's consent to participate
453	453	pursuant to a supported decision-making agreement under Chapter
454	454	1357, Estates Code;
455	455	(4) appropriate postsecondary education options,
456	456	including preparation for postsecondary-level coursework;
457	457	(5) an appropriate functional vocational evaluation;
458	458	(6) appropriate employment goals and objectives;
459	459	(7) if the student is at least 18 years of age, the
460	460	availability of age-appropriate instructional environments,
461	461	including community settings or environments that prepare the
462	462	student for postsecondary education or training, competitive
463	463	integrated employment, or independent living, in coordination with
464	464	the student's transition goals and objectives;
465	465	(8) appropriate independent living goals and
466	466	objectives;
467	467	(9) appropriate circumstances for facilitating a
468	468	referral of a student or the student's parents to a governmental
469	469	agency for services or public benefits, including a referral to a
470	470	governmental agency to place the student on a waiting list for
471	471	public benefits available to the student, such as a waiver program
472	472	established under Section 1915(c), Social Security Act (42 U.S.C.
473	473	Section 1396n(c)); and
474	474	(10) the use and availability of appropriate:
475	475	(A) supplementary aids, services, curricula, and
476	476	other opportunities to assist the student in developing
477	477	decision-making skills; and
478	478	(B) supports and services to foster the student's
479	479	independence and self-determination, including a supported
480	480	decision-making agreement under Chapter 1357, Estates Code.
481	481	(a-1) A student's individualized education program team
482	482	[admission, review, and dismissal committee] shall annually review
483	483	the issues described by Subsection (a) and, if necessary, update
484	484	the portions of the student's individualized education program that
485	485	address those issues.
486	486	SECTION 15. Section 29.0112(e), Education Code, is amended
487	487	to read as follows:
488	488	(e) A school district shall:
489	489	(1) post the transition and employment guide on the
490	490	district's website if the district maintains a website;
491	491	(2) provide written information and, if necessary,
492	492	assistance to a student or parent regarding how to access the
493	493	electronic version of the guide at:
494	494	(A) the first meeting of the student's
495	495	individualized education program team [admission, review, and
496	496	dismissal committee] at which transition is discussed; and
497	497	(B) the first team [committee] meeting at which
498	498	transition is discussed that occurs after the date on which the
499	499	guide is updated; and
500	500	(3) on request, provide a printed copy of the guide to
501	501	a student or parent.
502	502	SECTION 16. Section 29.015(b), Education Code, is amended
503	503	to read as follows:
504	504	(b) A foster parent who will act as a parent of a child with
505	505	a disability as provided by Subsection (a) must complete a training
506	506	program before the next scheduled individualized education program
507	507	team [admission, review, and dismissal committee] meeting for the
508	508	child but not later than the 90th day after the date the foster
509	509	parent begins acting as the parent for the purpose of making special
510	510	education decisions.
511	511	SECTION 17. Section 29.0151(d), Education Code, is amended
512	512	to read as follows:
513	513	(d) A surrogate parent appointed by a district must:
514	514	(1) be willing to serve in that capacity;
515	515	(2) exercise independent judgment in pursuing the
516	516	child's interests;
517	517	(3) ensure that the child's due process rights under
518	518	applicable state and federal laws are not violated;
519	519	(4) complete a training program that complies with
520	520	minimum standards established by agency rule within the time
521	521	specified in Section 29.015(b);
522	522	(5) visit the child and the school where the child is
523	523	enrolled;
524	524	(6) review the child's educational records;
525	525	(7) consult with any person involved in the child's
526	526	education, including the child's:
527	527	(A) teachers;
528	528	(B) caseworkers;
529	529	(C) court-appointed volunteers;
530	530	(D) guardian ad litem;
531	531	(E) attorney ad litem;
532	532	(F) foster parent; and
533	533	(G) caregiver; and
534	534	(8) attend meetings of the child's individualized
535	535	education program team [admission, review, and dismissal
536	536	committee].
537	537	SECTION 18. Section 29.019(e), Education Code, is amended
538	538	to read as follows:
539	539	(e) Nothing in this section prohibits a school district from
540	540	using individualized education program facilitation as the
541	541	district's preferred method of conducting initial and annual
542	542	individualized education program team [admission, review, and
543	543	dismissal committee] meetings.
544	544	SECTION 19. Section 29.020(a), Education Code, is amended
545	545	to read as follows:
546	546	(a) The agency shall develop rules in accordance with this
547	547	section applicable to the administration of a state individualized
548	548	education program facilitation project. The program shall include
549	549	the provision of an independent individualized education program
550	550	facilitator to facilitate an individualized education program team
551	551	[admission, review, and dismissal committee] meeting with parties
552	552	who are in a dispute about decisions relating to the provision of a
553	553	free appropriate public education to a student with a disability.
554	554	Facilitation implemented under the project must comply with rules
555	555	developed under this subsection.
556	556	SECTION 20. Section 29.022(l), Education Code, is amended
557	557	to read as follows:
558	558	(l) A school district or open-enrollment charter school
559	559	policy relating to the placement, operation, or maintenance of
560	560	video cameras under this section must:
561	561	(1) include information on how a person may appeal an
562	562	action by the district or school that the person believes to be in
563	563	violation of this section or a policy adopted in accordance with
564	564	this section, including the appeals process under Section 7.057;
565	565	(2) require that the district or school provide a
566	566	response to a request made under this section not later than the
567	567	seventh school business day after receipt of the request by the
568	568	person to whom it must be submitted under Subsection (a-3) that
569	569	authorizes the request or states the reason for denying the
570	570	request;
571	571	(3) except as provided by Subdivision (5), require
572	572	that a school or a campus begin operation of a video camera in
573	573	compliance with this section not later than the 45th school
574	574	business day, or the first school day after the 45th school business
575	575	day if that day is not a school day, after the request is authorized
576	576	unless the agency grants an extension of time;
577	577	(4) permit the parent of a student whose
578	578	individualized education program team [admission, review, and
579	579	dismissal committee] has determined that the student's placement
580	580	for the following school year will be in a classroom or other
581	581	special education setting in which a video camera may be placed
582	582	under this section to make a request for the video camera by the
583	583	later of:
584	584	(A) the date on which the current school year
585	585	ends; or
586	586	(B) the 10th school business day after the date
587	587	of the placement determination by the individualized education
588	588	program team [admission, review, and dismissal committee]; and
589	589	(5) if a request is made by a parent in compliance with
590	590	Subdivision (4), unless the agency grants an extension of time,
591	591	require that a school or campus begin operation of a video camera in
592	592	compliance with this section not later than the later of:
593	593	(A) the 10th school day of the fall semester; or
594	594	(B) the 45th school business day, or the first
595	595	school day after the 45th school business day if that day is not a
596	596	school day, after the date the request is made.
597	597	SECTION 21. Section 29.026(d), Education Code, is amended
598	598	to read as follows:
599	599	(d) A school district or open-enrollment charter school may
600	600	not:
601	601	(1) charge a fee for the program, other than those
602	602	authorized by law for students in public schools;
603	603	(2) require a parent to enroll a child in the program;
604	604	(3) allow an individualized education program team
605	605	[admission, review, and dismissal committee] to place a student in
606	606	the program without the written consent of the student's parent or
607	607	guardian; or
608	608	(4) continue the placement of a student in the program
609	609	after the student's parent or guardian revokes consent, in writing,
610	610	to the student's placement in the program.
611	611	SECTION 22. Section 29.027(d), Education Code, is amended
612	612	to read as follows:
613	613	(d) A school district or open-enrollment charter school may
614	614	not:
615	615	(1) charge a fee for the program, other than those
616	616	authorized by law for students in public schools;
617	617	(2) require a parent to enroll a child in the program;
618	618	(3) allow an individualized education program team
619	619	[admission, review, and dismissal committee] to place a student in
620	620	the program without the written consent of the student's parent or
621	621	guardian; or
622	622	(4) continue the placement of a student in the program
623	623	after the student's parent or guardian revokes consent, in writing,
624	624	to the student's placement in the program.
625	625	SECTION 23. Section 29.305, Education Code, is amended to
626	626	read as follows:
627	627	Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in
628	628	conflict with any individualized education program team
629	629	[admission, review, and dismissal committee] recommendations, a
630	630	student who is deaf or hard of hearing must have an education in the
631	631	company of a sufficient number of peers using the same language mode
632	632	and with whom the student can communicate directly. If
633	633	practicable, the peers must be of the same or approximately the same
634	634	age and ability.
635	635	SECTION 24. Section 29.312, Education Code, is amended to
636	636	read as follows:
637	637	Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES.
638	638	Appropriate psychological counseling services for a student who is
639	639	deaf or hard of hearing shall be made available at the student's
640	640	school site in the student's primary mode of communication. In the
641	641	case of a student who is hard of hearing, appropriate auditory
642	642	systems to enhance oral communication shall be used if required by
643	643	the student's individualized education program team [admission,
644	644	review, and dismissal committee].
645	645	SECTION 25. Section 29.314, Education Code, is amended to
646	646	read as follows:
647	647	Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to
648	648	satisfying requirements of the individualized education program
649	649	team [admission, review, and dismissal committee] and to satisfying
650	650	requirements under state and federal law for vocational training,
651	651	each school district shall develop and implement a transition plan
652	652	for the transition of a student who is deaf or hard of hearing into a
653	653	regular class program if the student is to be transferred from a
654	654	special class or center or nonpublic, nonsectarian school into a
655	655	regular class in a public school for any part of the school day. The
656	656	transition plan must provide for activities:
657	657	(1) to integrate the student into the regular
658	658	education program and specify the nature of each activity and the
659	659	time spent on the activity each day; and
660	660	(2) to support the transition of the student from the
661	661	special education program into the regular education program.
662	662	SECTION 26. Section 29.453(b), Education Code, is amended
663	663	to read as follows:
664	664	(b) The educational placement of an alleged offender
665	665	resident and the educational services to be provided by a school
666	666	district to the resident shall be determined by the resident's
667	667	individualized education program team [admission, review, and
668	668	dismissal committee] consistent with federal law and regulations
669	669	regarding the placement of students with disabilities in the least
670	670	restrictive environment. The resident's individualized education
671	671	program team [admission, review, and dismissal committee] shall:
672	672	(1) inform the resident's interdisciplinary team of a
673	673	determination the team [committee] makes in accordance with this
674	674	subsection; and
675	675	(2) consult, to the extent practicable, with the
676	676	resident's interdisciplinary team concerning such a determination.
677	677	SECTION 27. Section 29.454(d), Education Code, is amended
678	678	to read as follows:
679	679	(d) Each behavior support specialist shall:
680	680	(1) ensure that each alleged offender resident
681	681	enrolled in the school district is provided behavior management
682	682	services under a school behavioral intervention plan based on the
683	683	resident's functional behavioral assessment, as described by
684	684	Subsection (c);
685	685	(2) communicate and coordinate with the resident's
686	686	interdisciplinary team to ensure that behavioral intervention
687	687	actions of the district and of the forensic state supported living
688	688	center do not conflict;
689	689	(3) in the case of a resident who regresses:
690	690	(A) ensure that necessary corrective action is
691	691	taken in the resident's individualized education program or school
692	692	behavioral intervention plan, as appropriate; and
693	693	(B) communicate with the resident's
694	694	interdisciplinary team concerning the regression and encourage the
695	695	team to aggressively address the regression;
696	696	(4) participate in the resident's individualized
697	697	education program team [admission, review, and dismissal
698	698	committee] meetings in conjunction with:
699	699	(A) developing and implementing the resident's
700	700	school behavioral intervention plan; and
701	701	(B) determining the appropriate educational
702	702	placement for each resident, considering all available academic and
703	703	behavioral information;
704	704	(5) coordinate each resident's school behavioral
705	705	intervention plan with the resident's program of active treatment
706	706	provided by the forensic state supported living center to ensure
707	707	consistency of approach and response to the resident's identified
708	708	behaviors;
709	709	(6) provide training for school district staff and, as
710	710	appropriate, state supported living center staff in implementing
711	711	behavioral intervention plans for each resident; and
712	712	(7) remain involved with the resident during the
713	713	school day.
714	714	SECTION 28. Section 29.455(a), Education Code, is amended
715	715	to read as follows:
716	716	(a) A school district in which alleged offender residents
717	717	are enrolled in school and the forensic state supported living
718	718	center shall enter into a memorandum of understanding to:
719	719	(1) establish the duties and responsibilities of the
720	720	behavior support specialist to ensure the safety of all students
721	721	and teachers while educational services are provided to a resident
722	722	at a school in the district; and
723	723	(2) ensure the provision of appropriate facilities for
724	724	providing educational services and of necessary technological
725	725	equipment if a resident's individualized education program team
726	726	[admission, review, and dismissal committee] determines that the
727	727	resident must receive educational services at the forensic state
728	728	supported living center.
729	729	SECTION 29. Section 30.002(c), Education Code, is amended
730	730	to read as follows:
731	731	(c) The comprehensive statewide plan for the education of
732	732	children with visual impairments must:
733	733	(1) adequately provide for comprehensive diagnosis
734	734	and evaluation of each school-age child with a serious visual
735	735	impairment;
736	736	(2) include the procedures, format, and content of the
737	737	individualized education program for each child with a visual
738	738	impairment;
739	739	(3) emphasize providing educational services to
740	740	children with visual impairments in their home communities whenever
741	741	possible;
742	742	(4) include methods to ensure that children with
743	743	visual impairments receiving special education services in school
744	744	districts receive, before being placed in a classroom setting or
745	745	within a reasonable time after placement:
746	746	(A) evaluation of the impairment; and
747	747	(B) instruction in an expanded core curriculum,
748	748	which is required for students with visual impairments to succeed
749	749	in classroom settings and to derive lasting, practical benefits
750	750	from the education provided by school districts, including
751	751	instruction in:
752	752	(i) compensatory skills, such as braille
753	753	and concept development, and other skills needed to access the rest
754	754	of the curriculum;
755	755	(ii) orientation and mobility;
756	756	(iii) social interaction skills;
757	757	(iv) career planning;
758	758	(v) assistive technology, including
759	759	optical devices;
760	760	(vi) independent living skills;
761	761	(vii) recreation and leisure enjoyment;
762	762	(viii) self-determination; and
763	763	(ix) sensory efficiency;
764	764	(5) provide for flexibility on the part of school
765	765	districts to meet the special needs of children with visual
766	766	impairments through:
767	767	(A) specialty staff and resources provided by the
768	768	district;
769	769	(B) contractual arrangements with other
770	770	qualified public or private agencies;
771	771	(C) supportive assistance from regional
772	772	education service centers or adjacent school districts;
773	773	(D) short-term or long-term services through the
774	774	Texas School for the Blind and Visually Impaired or related
775	775	facilities or programs; or
776	776	(E) other instructional and service arrangements
777	777	approved by the agency;
778	778	(6) include a statewide individualized education
779	779	program [admission, review, and dismissal] process;
780	780	(7) provide for effective interaction between the
781	781	visually impaired child's classroom setting and the child's home
782	782	environment, including providing for parental training and
783	783	counseling either by school district staff or by representatives of
784	784	other organizations directly involved in the development and
785	785	implementation of the individualized education program for the
786	786	child;
787	787	(8) require the continuing education and professional
788	788	development of school district staff providing special education
789	789	services to children with visual impairments;
790	790	(9) provide for adequate monitoring and precise
791	791	evaluation of special education services provided to children with
792	792	visual impairments through school districts; and
793	793	(10) require that school districts providing special
794	794	education services to children with visual impairments develop
795	795	procedures for assuring that staff assigned to work with the
796	796	children have prompt and effective access directly to resources
797	797	available through:
798	798	(A) cooperating agencies in the area;
799	799	(B) the Texas School for the Blind and Visually
800	800	Impaired;
801	801	(C) the Central Media Depository for specialized
802	802	instructional materials and aids made specifically for use by
803	803	students with visual impairments;
804	804	(D) sheltered workshops participating in the
805	805	state program of purchases of blind-made goods and services; and
806	806	(E) related sources.
807	807	SECTION 30. Section 30.021(b), Education Code, is amended
808	808	to read as follows:
809	809	(b) The school district in which a student resides is
810	810	responsible for assuring that a free appropriate public education
811	811	is provided to each district student placed in the regular school
812	812	year program of the school and that all legally required meetings
813	813	for the purpose of developing and reviewing the student's
814	814	individualized educational program are conducted. If the school
815	815	disagrees with a district's individualized education program team
816	816	[committee] recommendation that a student be evaluated for
817	817	placement, initially placed, or continued to be placed at the
818	818	school, the district or the school may seek resolution according to
819	819	a procedure established by the commissioner or through any due
820	820	process hearing to which the district or school is entitled under
821	821	the Individuals with Disabilities Education Act (20 U.S.C. Section
822	822	1400 et seq.).
823	823	SECTION 31. Section 30.057(a), Education Code, is amended
824	824	to read as follows:
825	825	(a) The Texas School for the Deaf shall provide services in
826	826	accordance with Section 30.051 to any eligible student with a
827	827	disability for whom the school is an appropriate placement if the
828	828	student has been referred for admission:
829	829	(1) by the school district in which the student
830	830	resides under the student's individualized education program;
831	831	(2) by the student's parent or legal guardian, or a
832	832	person with legal authority to act in place of the parent or legal
833	833	guardian, or the student, if the student is age 18 or older, at any
834	834	time during the school year, if the referring person chooses the
835	835	school as the appropriate placement for the student rather than the
836	836	placement in the student's local or regional program recommended
837	837	under the student's individualized education program; or
838	838	(3) by the student's parent or legal guardian through
839	839	the student's individualized education program team [admission,
840	840	review, and dismissal] or individualized family service plan
841	841	committee, as an initial referral to special education for students
842	842	who are three years of age or younger.
843	843	SECTION 32. Section 30A.007(b), Education Code, is amended
844	844	to read as follows:
845	845	(b) For purposes of a policy adopted under Subsection (a),
846	846	the determination of whether or not an electronic course will meet
847	847	the needs of a student with a disability shall be made by the
848	848	student's individualized education program team [admission,
849	849	review, and dismissal committee] in a manner consistent with state
850	850	and federal law, including the Individuals with Disabilities
851	851	Education Act (20 U.S.C. Section 1400 et seq.) and Section 504,
852	852	Rehabilitation Act of 1973 (29 U.S.C. Section 794).
853	853	SECTION 33. Section 33.081(e), Education Code, is amended
854	854	to read as follows:
855	855	(e) Suspension of a student with a disability that
856	856	significantly interferes with the student's ability to meet regular
857	857	academic standards must be based on the student's failure to meet
858	858	the requirements of the student's individualized education
859	859	program. The determination of whether a disability significantly
860	860	interferes with a student's ability to meet regular academic
861	861	standards must be made by the student's individualized education
862	862	program team [admission, review, and dismissal committee]. For
863	863	purposes of this subsection, "student with a disability" means a
864	864	student who is eligible for a district's special education program
865	865	under Section 29.003(b).
866	866	SECTION 34. Section 37.001(b-1), Education Code, is amended
867	867	to read as follows:
868	868	(b-1) The methods adopted under Subsection (a)(8) must
869	869	provide that a student who is enrolled in a special education
870	870	program under Subchapter A, Chapter 29, may not be disciplined for
871	871	conduct prohibited in accordance with Subsection (a)(7) until an
872	872	individualized education program team [admission, review, and
873	873	dismissal committee] meeting has been held to review the conduct.
874	874	SECTION 35. Sections 37.004(a) and (b), Education Code, are
875	875	amended to read as follows:
876	876	(a) The placement of a student with a disability who
877	877	receives special education services may be made only by a duly
878	878	constituted individualized education program team [admission,
879	879	review, and dismissal committee].
880	880	(b) Any disciplinary action regarding a student with a
881	881	disability who receives special education services that would
882	882	constitute a change in placement under federal law may be taken only
883	883	after the student's individualized education program team
884	884	[admission, review, and dismissal committee] conducts a
885	885	manifestation determination review under 20 U.S.C. Section
886	886	1415(k)(4) and its subsequent amendments. Any disciplinary action
887	887	regarding the student shall be determined in accordance with
888	888	federal law and regulations, including laws or regulations
889	889	requiring the provision of:
890	890	(1) functional behavioral assessments;
891	891	(2) positive behavioral interventions, strategies,
892	892	and supports;
893	893	(3) behavioral intervention plans; and
894	894	(4) the manifestation determination review.
895	895	SECTION 36. Section 37.105(e), Education Code, is amended
896	896	to read as follows:
897	897	(e) If a parent or guardian of a child enrolled in a school
898	898	district is refused entry to the district's property under this
899	899	section, the district shall accommodate the parent or guardian to
900	900	ensure that the parent or guardian may participate in the child's
901	901	individualized education program team [admission, review, and
902	902	dismissal committee] or in the child's team established under
903	903	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in
904	904	accordance with federal law.
905	905	SECTION 37. Section 37.307(b), Education Code, is amended
906	906	to read as follows:
907	907	(b) The review under Section 37.306 of the placement of a
908	908	student with a disability who receives special education services
909	909	may be made only by a duly constituted individualized education
910	910	program team [admission, review, and dismissal committee]. The
911	911	individualized education program team [admission, review, and
912	912	dismissal committee] may request that the board of trustees convene
913	913	a committee described by Section 37.306(a) to assist the
914	914	individualized education program team [admission, review, and
915	915	dismissal committee] in conducting the review.
916	916	SECTION 38. Sections 39.023(b), (c), and (d), Education
917	917	Code, are amended to read as follows:
918	918	(b) The agency shall develop or adopt appropriate
919	919	criterion-referenced alternative assessment instruments to be
920	920	administered to each student in a special education program under
921	921	Subchapter A, Chapter 29, for whom an assessment instrument adopted
922	922	under Subsection (a), even with allowable accommodations, would not
923	923	provide an appropriate measure of student achievement, as
924	924	determined by the student's individualized education program team
925	925	[admission, review, and dismissal committee], including assessment
926	926	instruments approved by the commissioner that measure growth. The
927	927	assessment instruments developed or adopted under this subsection,
928	928	including the assessment instruments approved by the commissioner,
929	929	must, to the extent allowed under federal law, provide a district
930	930	with options for the assessment of students under this subsection.
931	931	The agency may not adopt a performance standard that indicates that
932	932	a student's performance on the alternate assessment does not meet
933	933	standards if the lowest level of the assessment accurately
934	934	represents the student's developmental level as determined by the
935	935	student's individualized education program team [admission,
936	936	review, and dismissal committee].
937	937	(c) The agency shall also adopt end-of-course assessment
938	938	instruments for secondary-level courses in Algebra I, biology,
939	939	English I, English II, and United States history. The Algebra I
940	940	end-of-course assessment instrument must be administered with the
941	941	aid of technology. The English I and English II end-of-course
942	942	assessment instruments must each assess essential knowledge and
943	943	skills in both reading and writing in the same assessment
944	944	instrument and must provide a single score. A school district
945	945	shall comply with State Board of Education rules regarding
946	946	administration of the assessment instruments listed in this
947	947	subsection. If a student is in a special education program under
948	948	Subchapter A, Chapter 29, the student's individualized education
949	949	program team [admission, review, and dismissal committee] shall
950	950	determine whether any allowable modification is necessary in
951	951	administering to the student an assessment instrument required
952	952	under this subsection. The State Board of Education shall
953	953	administer the assessment instruments. The State Board of
954	954	Education shall adopt a schedule for the administration of
955	955	end-of-course assessment instruments that complies with the
956	956	requirements of Subsection (c-3).
957	957	(d) The commissioner may participate in multistate efforts
958	958	to develop voluntary standardized end-of-course assessment
959	959	instruments. The commissioner by rule may require a school
960	960	district to administer an end-of-course assessment instrument
961	961	developed through the multistate efforts. The individualized
962	962	education program team [admission, review, and dismissal
963	963	committee] of a student in a special education program under
964	964	Subchapter A, Chapter 29, shall determine whether any allowable
965	965	modification is necessary in administering to the student an
966	966	end-of-course assessment instrument.
967	967	SECTION 39. Section 39.025(a-4), Education Code, is amended
968	968	to read as follows:
969	969	(a-4) The individualized education program team [admission,
970	970	review, and dismissal committee] of a student in a special
971	971	education program under Subchapter A, Chapter 29, shall determine
972	972	whether, to receive a high school diploma, the student is required
973	973	to achieve satisfactory performance on end-of-course assessment
974	974	instruments.
975	975	SECTION 40. Section 661.906, Government Code, is amended to
976	976	read as follows:
977	977	Sec. 661.906. FOSTER PARENTS. A state employee who is a
978	978	foster parent to a child under the conservatorship of the
979	979	Department of Protective and Regulatory Services is entitled to a
980	980	leave of absence without a deduction in salary for the purpose of
981	981	attending:
982	982	(1) meetings held by the Department of Protective and
983	983	Regulatory Services regarding the child under the foster care of
984	984	the employee; or
985	985	(2) an individualized education program team
986	986	[admission, review, and dismissal] meeting held by a school
987	987	district regarding the child under the foster care of the employee.
988	988	SECTION 41. Section 29.301(1), Education Code, is repealed.
989	989	SECTION 42. This Act takes effect September 1, 2019.