| 1 | 1 | | 86R11634 MM-F |
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| 2 | 2 | | By: Talarico H.B. No. 3025 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to certain procedures regarding a dispute relating to |
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| 8 | 8 | | special education services provided by a school district or |
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| 9 | 9 | | open-enrollment charter school. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 12 | 12 | | amended by adding Section 29.0043 to read as follows: |
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| 13 | 13 | | Sec. 29.0043. DISPUTE REGARDING REFERRAL FOR EVALUATION. |
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| 14 | 14 | | If a parent of a student who is eligible for or who is suspected as |
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| 15 | 15 | | being eligible for special education services disputes a school |
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| 16 | 16 | | district's or open-enrollment charter school's referral of the |
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| 17 | 17 | | student for evaluation under Section 29.004, the district or school |
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| 18 | 18 | | may provide to the parent a facilitated meeting with a school |
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| 19 | 19 | | counselor regarding the potential advantages, disadvantages, |
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| 20 | 20 | | benefits, and concerns of accepting or declining the evaluation on |
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| 21 | 21 | | behalf of the student. |
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| 22 | 22 | | SECTION 2. Section 29.019(c), Education Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | (c) If a school district chooses to offer individualized |
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| 25 | 25 | | education program facilitation as an alternative dispute |
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| 26 | 26 | | resolution method: |
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| 27 | 27 | | (1) the district may determine whether to use |
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| 28 | 28 | | independent contractors, district employees, or other qualified |
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| 29 | 29 | | individuals as facilitators; |
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| 30 | 30 | | (2) the information provided by the district under |
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| 31 | 31 | | this section must include a description of any applicable |
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| 32 | 32 | | procedures for requesting the facilitation; [and] |
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| 33 | 33 | | (3) the facilitation must be provided at no cost to a |
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| 34 | 34 | | parent; and |
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| 35 | 35 | | (4) a parent may request the facilitation not later |
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| 36 | 36 | | than the ninth calendar day following the date on which the dispute |
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| 37 | 37 | | arose. |
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| 38 | 38 | | SECTION 3. This Act applies beginning with the 2019-2020 |
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| 39 | 39 | | school year. |
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| 40 | 40 | | SECTION 4. This Act takes effect immediately if it receives |
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| 41 | 41 | | a vote of two-thirds of all the members elected to each house, as |
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| 42 | 42 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 43 | 43 | | Act does not receive the vote necessary for immediate effect, this |
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| 44 | 44 | | Act takes effect September 1, 2019. |
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