86R12683 TSS-F
By: Huffman S.B. No. 1814
A BILL TO BE ENTITLED
AN ACT
relating to providing temporary support services for certain public
school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 29, Education Code, is
amended by adding Section 29.092 to read as follows:
Sec. 29.092. TEMPORARY SUPPORT SERVICES PENDING DISABILITY
DETERMINATION FOR CERTAIN STUDENTS. (a) In this section:
(1) "Disability determination" means the results of a
full individual and initial evaluation of a student for purposes of
special education services under Section 29.004.
(2) "Parent" has the meaning assigned by Section
26.002.
(b) The agency shall establish procedures and criteria for
the provision of temporary support services, including any service
or accommodation available to a student receiving special education
services under Subchapter A, to eligible students pending a
disability determination.
(c) A student is eligible for temporary support services if
a parent, classroom teacher, or other educator of the student:
(1) submits a written request to the campus
administrator for temporary support services pending a disability
determination; and
(2) submits with the request supporting
documentation, including:
(A) a private evaluation, an independent
educational evaluation, or a speech and language assessment
performed by a qualified professional;
(B) a medical prescription or order, provided by
a qualified health care professional; or
(C) existing school documents explaining the
potential need for temporary support services provided by an
educator requesting temporary services.
(d) A written request and supporting documentation
submitted under this section is confidential and not subject to
disclosure under Chapter 552, Government Code.
(e) After receiving a request and appropriate supporting
documentation under this section, the campus administrator shall:
(1) initiate a review of existing evaluation data with
parents and any qualified professionals who have provided
supporting documentation or are currently providing services or
support to the student;
(2) provide information to the student's parent about
the process for requesting a full individual and initial evaluation
for purposes of special education services under Section 29.004;
(3) not later than one week after receiving the
request and supporting documentation, schedule temporary support
services reflecting the recommendations, prescriptions, and orders
in the supporting documents and provide the schedule to the
student's parent, the student's classroom teachers, and appropriate
district administrators and employees; and
(4) not later than two weeks after receiving the
request and supporting documentation, review the student's
behavior, the request, and the supporting documentation, and, if
appropriate, develop a temporary plan that provides interventions
for educators to address problematic behavior and provide the plan
to the student, the student's parent, and the student's classroom
teachers.
(f) The schedule of temporary services must continue
without interruption until the requirements of Subsection (e) are
completed, a full individual and initial evaluation under Section
29.004 has been conducted, and an admission, review, and dismissal
committee has met and developed an individualized education plan
for the student under Section 29.005. If, after a period of time
determined by the agency, the student's parent has not requested a
full individual and initial evaluation, or the student is found to
not have a disability or to not qualify for special education
services, the temporary services may be discontinued.
(g) The provision of temporary services under this section
does not affect the responsibility of other agencies to provide
noneducational community-based support services as necessary to
enable students with disabilities to receive a free appropriate
public education in the least restrictive environment.
(h) The commissioner shall adopt rules to ensure that this
section is administered in a manner that complies with federal law
regarding confidentiality of student medical or educational
information, including the Family Educational Rights and Privacy
Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to
the privacy of student information.
SECTION 2. As soon as practicable after the effective date
of this Act, the Texas Education Agency shall adopt procedures and
criteria required by Section 29.092, Education Code, as added by
this Act.
SECTION 3. This Act applies beginning with the 2019-2020
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.