Texas 2019 - 86th Regular

Texas Senate Bill SB100 Compare Versions

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

Old	New	Differences
1	1	By: Menéndez S.B. No. 100
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the appointment of foster parents and other qualified
7	7	persons to serve as educational decision-makers for certain
8	8	children in the conservatorship of the Department of Family and
9	9	Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.002, Education Code, is amended to
12	12	read as follows:
13	13	Sec. 29.002. DEFINITIONS [DEFINITION]. In this subchapter:
14	14	(1) "Parent" has the meaning assigned by the
15	15	Individuals with Disabilities Education Act (20 U.S.C. Section
16	16	1401(23)).
17	17	(2) "Special [, "special] services" means:
18	18	(A) [(1)] special education instruction, which
19	19	may be provided by professional and supported by paraprofessional
20	20	personnel in the regular classroom or in an instructional
21	21	arrangement described by Section 42.151; and
22	22	(B) [(2)] related services, which are
23	23	developmental, corrective, supportive, or evaluative services, not
24	24	instructional in nature, that may be required for the student to
25	25	benefit from special education instruction and for implementation
26	26	of a student's individualized education program.
27	27	SECTION 2. Section 29.015, Education Code, is amended to
28	28	read as follows:
29	29	Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR
30	30	CHILDREN IN FOSTER CARE [FOSTER PARENTS]. (a) [The school district
31	31	shall give preferential consideration to a foster parent of a child
32	32	with a disability when assigning a surrogate parent for the child.
33	33	[(b)] A foster parent may act as a parent of a child with a
34	34	disability, as authorized under 20 U.S.C. Section 1415(b) and its
35	35	subsequent amendments, if:
36	36	(1) the Department of Family and Protective [and
37	37	Regulatory] Services is appointed as the temporary or permanent
38	38	managing conservator of the child;
39	39	(2) the rights and duties of the department to make
40	40	decisions regarding special education provided to the child under
41	41	Section 153.371, Family Code, have not been limited by court order
42	42	[the child has been placed with the foster parent for at least 60
43	43	days]; and
44	44	(3) the foster parent agrees to:
45	45	(A) participate in making special education
46	46	[educational] decisions on the child's behalf; and
47	47	(B) complete a training program [for surrogate
48	48	parents] that complies with minimum standards established by agency
49	49	rule [; and
50	50	[(4) the foster parent has no interest that conflicts
51	51	with the child's interests].
52	52	(b) A foster parent who will act as a parent of a child with
53	53	a disability as provided by Subsection (a) must complete a training
54	54	program before the next scheduled admission, review, and dismissal
55	55	committee meeting for the child but not later than the 90th day
56	56	after the date the foster parent begins acting as the parent for the
57	57	purpose of making education decisions.
58	58	(b-1) A school district may not require a foster parent to
59	59	retake a training program to continue serving as a child's parent or
60	60	to serve as the surrogate parent for another child if the foster
61	61	parent has completed a training program to act as a parent of a
62	62	child with a disability provided by:
63	63	(1) the Department of Family and Protective Services;
64	64	(2) a school district;
65	65	(3) an education service center; or
66	66	(4) any other entity that receives federal funds to
67	67	provide special education training to parents.
68	68	(c) A foster parent who is denied the right to act as a
69	69	[surrogate parent or a] parent under this section by a school
70	70	district may file a complaint with the agency in accordance with
71	71	federal law and regulations.
72	72	(d) Not later than the fifth day after the date a child with
73	73	a disability is enrolled in a school, the Department of Family and
74	74	Protective Services must inform the appropriate school district if
75	75	the child's foster parent is unwilling or unable to serve as a
76	76	parent for the purposes of this subchapter.
77	77	SECTION 3. Subchapter A, Chapter 29, Education Code, is
78	78	amended by adding Section 29.0151 to read as follows:
79	79	Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN
80	80	CHILDREN. (a) This section applies to a child with a disability for
81	81	whom:
82	82	(1) the Department of Family and Protective Services
83	83	is appointed as the temporary or permanent managing conservator of
84	84	the child; and
85	85	(2) the rights and duties of the department to make
86	86	decisions regarding the child's education under Section 153.371,
87	87	Family Code, have not been limited by court order.
88	88	(b) Except as provided by Section 263.0025, Family Code, a
89	89	school district must appoint an individual to serve as the
90	90	surrogate parent for a child if:
91	91	(1) the district is unable to identify or locate a
92	92	parent for a child with a disability; or
93	93	(2) the foster parent of a child is unwilling or unable
94	94	to serve as a parent for the purposes of this subchapter.
95	95	(c) A surrogate parent appointed by a school district may
96	96	not:
97	97	(1) be an employee of the state, the school district,
98	98	or any other agency involved in the education or care of the child;
99	99	or
100	100	(2) have any interest that conflicts with the
101	101	interests of the child.
102	102	(d) A surrogate parent appointed by a district must:
103	103	(1) be willing to serve in that capacity;
104	104	(2) exercise independent judgment in pursuing the
105	105	child's interests;
106	106	(3) ensure that the child's due process rights under
107	107	applicable state and federal laws are not violated;
108	108	(4) complete a training program that complies with
109	109	minimum standards established by agency rule within the time
110	110	specified in Section 29.015(b);
111	111	(5) visit the child and the school where the child is
112	112	enrolled;
113	113	(6) review the child's educational records;
114	114	(7) consult with any person involved in the child's
115	115	education, including the child's:
116	116	(A) teachers;
117	117	(B) caseworkers;
118	118	(C) court-appointed volunteers;
119	119	(D) guardian ad litem;
120	120	(E) attorney ad litem;
121	121	(F) foster parent; and
122	122	(G) caregiver; and
123	123	(8) attend meetings of the child's admission, review,
124	124	and dismissal committee.
125	125	(e) The district may appoint a person who has been appointed
126	126	to serve as a child's guardian ad litem or as a court-certified
127	127	volunteer advocate, as provided under Section 107.031(c), Family
128	128	Code, as the child's surrogate parent.
129	129	(f) If a court appoints a surrogate parent for a child with a
130	130	disability under Section 263.0025, Family Code, and the school
131	131	district determines that the surrogate parent is failing to perform
132	132	or is not properly performing the duties listed under Subsection
133	133	(d), the district shall consult with the Department of Family and
134	134	Protective Services and appoint another person to serve as the
135	135	surrogate parent for the child.
136	136	(g) On receiving notice from a school district under
137	137	Subsection (f), the Department of Family and Protective Services
138	138	must promptly notify the court of the failure of the appointed
139	139	surrogate parent to properly perform the duties required under this
140	140	section.
141	141	SECTION 4. Section 107.031(c), Family Code, is amended to
142	142	read as follows:
143	143	(c) A court-certified volunteer advocate appointed under
144	144	this section may be assigned to act as a surrogate parent for the
145	145	child, as provided by 20 U.S.C. Section 1415(b), if:
146	146	(1) the child is in the conservatorship of the
147	147	Department of Family and Protective Services;
148	148	(2) the volunteer advocate is serving as guardian ad
149	149	litem for the child; [and]
150	150	(3) a foster parent of the child is not acting as the
151	151	child's parent under Section 29.015, Education Code; and
152	152	(4) the volunteer advocate completes a training
153	153	program for surrogate parents that complies with minimum standards
154	154	established by rule by the Texas Education Agency within the time
155	155	specified by Section 29.015(b), Education Code.
156	156	SECTION 5. Section 263.0025, Family Code, is amended to
157	157	read as follows:
158	158	Sec. 263.0025. EDUCATIONAL DECISION-MAKING FOR CHILDREN IN
159	159	FOSTER CARE [APPOINTMENT OF SURROGATE PARENT]. (a) In this section:
160	160	(1) "Child" means a child in the temporary or
161	161	permanent managing conservatorship of the department who is
162	162	eligible under Section 29.003, Education Code, to participate in a
163	163	school district's special education program.
164	164	(2) "Parent" has the definition assigned by the
165	165	Individuals with Disabilities Education Act (20 U.S.C. Section
166	166	1401(23)) [If a child in the temporary or permanent conservatorship
167	167	of the department is eligible under Section 29.003, Education Code,
168	168	to participate in a school district's special education program,
169	169	the court may, when necessary to ensure that the educational rights
170	170	of the child are protected, appoint a surrogate parent who:
171	171	[(1) is willing to serve in that capacity; and
172	172	[(2) meets the requirements of 20 U.S.C. Section
173	173	1415(b) and Section 29.001(10), Education Code].
174	174	(a-1) A foster parent for a child may act as a parent for the
175	175	child, as authorized under 20 U.S.C. Section 1415(b), if:
176	176	(1) the rights and duties of the department to make
177	177	decisions regarding the child's education under Section 153.371
178	178	have not been limited by court order; and
179	179	(2) the foster parent agrees to the requirements of
180	180	Sections 29.015(a)(3) and (b), Education Code.
181	181	(a-2) Sections 29.015(b-1), (c), and (d), Education Code,
182	182	apply to a foster parent who acts or desires to act as a parent for a
183	183	child for the purpose of making special education decisions.
184	184	(b) To ensure the educational rights of a child are
185	185	protected in the special education process, the court may appoint a
186	186	surrogate parent for the child if:
187	187	(1) the child's school district is unable to identify
188	188	or locate a parent for the child; or
189	189	(2) the foster parent of the child is unwilling or
190	190	unable to serve as a parent for the purposes of this subchapter [In
191	191	appointing a surrogate parent for a child, the court shall give
192	192	preferential consideration to a foster parent of the child as
193	193	required under Section 29.015, Education Code].
194	194	(c) Except as provided by Subsection (d), the court may
195	195	appoint a person to serve as a child's surrogate parent if the
196	196	person:
197	197	(1) is willing to serve in that capacity; and
198	198	(2) meets the requirements of 20 U.S.C. Section
199	199	1415(b) [If the court does not appoint a child's foster parent to
200	200	serve as the child's surrogate parent, the court shall give
201	201	consideration to:
202	202	[(1) a relative or other designated caregiver as
203	203	defined by Section 264.751; or
204	204	[(2) a court-appointed volunteer advocate who has been
205	205	appointed to serve as the child's guardian ad litem, as provided by
206	206	Section 107.031(c)].
207	207	(d) The following persons may not be appointed as a
208	208	surrogate parent for the child:
209	209	(1) an employee of the department;
210	210	(2) an employee of the Texas Education Agency;
211	211	(3) an employee of a school or school district; or
212	212	(4) an employee of any other agency that is involved in
213	213	the education or care of the child.
214	214	(e) The court may appoint a child's guardian ad litem or
215	215	court-certified volunteer advocate, as provided by Section
216	216	107.031(c), as the child's surrogate parent.
217	217	(f) In appointing a person to serve as the surrogate parent
218	218	for a child, the court may consider the person's ability to meet the
219	219	qualifications listed under Sections 29.0151(d)(2)-(8), Education
220	220	Code.
221	221	(g) If the court prescribes training for a person who is
222	222	appointed as the surrogate parent for a child, the training program
223	223	must comply with the minimum standards for training established by
224	224	rule by the Texas Education Agency.
225	225	SECTION 6. This Act takes effect September 1, 2017.