Texas 2019 - 86th Regular

Texas Senate Bill SB139 Compare Versions

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1-S.B. No. 139
1+By: Rodríguez, et al. S.B. No. 139
2+ (Moody)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to a notice of educational rights for certain student
68 evaluations.
79 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
810 SECTION 1. Subchapter A, Chapter 29, Education Code, is
911 amended by adding Section 29.023 to read as follows:
1012 Sec. 29.023. NOTICE OF RIGHTS. (a) The agency shall
1113 develop a notice for distribution as provided by Subsection (c) and
1214 posting on the agency's Internet website that indicates:
1315 (1) the change made from 2016 to 2017 in reporting
1416 requirements for school districts and open-enrollment charter
1517 schools regarding the special education representation indicator
1618 adopted in the Performance-Based Monitoring Analysis System
1719 Manual; and
1820 (2) in plain language, the rights of a child under both
1921 federal and state law and the general process available to initiate
2022 a referral of a child for a full individual and initial evaluation
2123 under Section 29.004 to determine the child's eligibility for
2224 special education services.
2325 (b) A school district or open-enrollment charter school
2426 shall include in the notice developed by the agency under
2527 Subsection (a) information indicating where the local processes and
2628 procedures for initiating a referral for special education services
2729 eligibility evaluation may be found.
2830 (c) By a date established by the commissioner, each school
2931 district or open-enrollment charter school shall provide the notice
3032 to the parent of each child who attends school in the district or at
3133 the school at any time during the 2019-2020 school year. A school
3234 district or open-enrollment charter school shall also make the
3335 notice available on request to any person. The notice must be
3436 available in English and Spanish, and a school district or
3537 open-enrollment charter school shall make a good faith effort to
3638 provide the notice in the parent's native language if the parent's
3739 native language is a language other than English or Spanish.
3840 (d) The notice is in addition to requirements imposed by
3941 Section 26.0081.
4042 (e) The commissioner may adopt rules necessary to implement
4143 this section.
4244 (f) This section expires September 1, 2023.
4345 SECTION 2. This Act takes effect immediately if it receives
4446 a vote of two-thirds of all the members elected to each house, as
4547 provided by Section 39, Article III, Texas Constitution. If this
4648 Act does not receive the vote necessary for immediate effect, this
4749 Act takes effect September 1, 2019.
48- ______________________________ ______________________________
49- President of the Senate Speaker of the House
50- I hereby certify that S.B. No. 139 passed the Senate on
51- May 10, 2019, by the following vote: Yeas 28, Nays 3.
52- ______________________________
53- Secretary of the Senate
54- I hereby certify that S.B. No. 139 passed the House on
55- May 21, 2019, by the following vote: Yeas 146, Nays 0, one
56- present not voting.
57- ______________________________
58- Chief Clerk of the House
59- Approved:
60- ______________________________
61- Date
62- ______________________________
63- Governor