Texas 2021 - 87th Regular

Texas Senate Bill SB1108 Compare Versions

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

Old	New	Differences
1	1	87R960 GCB-F
2	2	By: Powell S.B. No. 1108
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 a persistent or
16	16	recurrent pattern of thoughts, feelings, or behaviors that:
17	17	(A) constitutes a mental illness, disease, or
18	18	disorder, other than or in addition to epilepsy, substance abuse,
19	19	or an intellectual disability; or
20	20	(B) impairs a person's social, emotional, or
21	21	educational functioning and increases the risk of developing a
22	22	condition described by Paragraph (A).
23	23	SECTION 2. Subchapter A, Chapter 7, Education Code, is
24	24	amended by adding Section 7.011 to read as follows:
25	25	Sec. 7.011. USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS
26	26	WITH DISABILITIES EDUCATION ACT. (a) The legislature and the Texas
27	27	Legislative Council are directed, with respect to drafting or
28	28	amending any new or existing statute or resolution, and the
29	29	commissioner, the agency, and all other state agencies are
30	30	directed, with respect to the proposing, adopting, or amending of
31	31	new or existing rules and the producing of state agency reference
32	32	materials or publications, including electronic media, to avoid
33	33	using the phrases "admission, review, and dismissal committee" or
34	34	"ARD committee."
35	35	(b) In enacting, revising, proposing, adopting, amending,
36	36	or producing new or existing statutes, resolutions, rules, or state
37	37	agency materials, the legislature, the Texas Legislative Council,
38	38	the commissioner, the agency, and all other state agencies are
39	39	directed to replace, as appropriate, the phrases described in
40	40	Subsection (a) with the preferred phrases "individualized
41	41	education program team" or "IEP team."
42	42	(c) A statute, resolution, or rule is not invalid solely
43	43	because it does not employ this section's preferred phrases.
44	44	SECTION 3. Section 25.007(b), Education Code, is amended to
45	45	read as follows:
46	46	(b) In recognition of the challenges faced by students who
47	47	are homeless or in substitute care, the agency shall assist the
48	48	transition of students who are homeless or in substitute care from
49	49	one school to another by:
50	50	(1) ensuring that school records for a student who is
51	51	homeless or in substitute care are transferred to the student's new
52	52	school not later than the 10th working day after the date the
53	53	student begins enrollment at the school;
54	54	(2) developing systems to ease transition of a student
55	55	who is homeless or in substitute care during the first two weeks of
56	56	enrollment at a new school;
57	57	(3) developing procedures for awarding credit,
58	58	including partial credit if appropriate, for course work, including
59	59	electives, completed by a student who is homeless or in substitute
60	60	care while enrolled at another school;
61	61	(4) developing procedures to ensure that a new school
62	62	relies on decisions made by the previous school regarding placement
63	63	in courses or educational programs of a student who is homeless or
64	64	in substitute care and places the student in comparable courses or
65	65	educational programs at the new school, if those courses or
66	66	programs are available;
67	67	(5) promoting practices that facilitate access by a
68	68	student who is homeless or in substitute care to extracurricular
69	69	programs, summer programs, credit transfer services, electronic
70	70	courses provided under Chapter 30A, and after-school tutoring
71	71	programs at nominal or no cost;
72	72	(6) establishing procedures to lessen the adverse
73	73	impact of the movement of a student who is homeless or in substitute
74	74	care to a new school;
75	75	(7) entering into a memorandum of understanding with
76	76	the Department of Family and Protective Services regarding the
77	77	exchange of information as appropriate to facilitate the transition
78	78	of students in substitute care from one school to another;
79	79	(8) encouraging school districts and open-enrollment
80	80	charter schools to provide services for a student who is homeless or
81	81	in substitute care in transition when applying for admission to
82	82	postsecondary study and when seeking sources of funding for
83	83	postsecondary study;
84	84	(9) requiring school districts, campuses, and
85	85	open-enrollment charter schools to accept a referral for special
86	86	education services made for a student who is homeless or in
87	87	substitute care by a school previously attended by the student, and
88	88	to provide comparable services to the student during the referral
89	89	process or until the new school develops an individualized
90	90	education program for the student;
91	91	(10) requiring school districts, campuses, and
92	92	open-enrollment charter schools to provide notice to the child's
93	93	educational decision-maker and caseworker regarding events that
94	94	may significantly impact the education of a child, including:
95	95	(A) requests or referrals for an evaluation under
96	96	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
97	97	special education under Section 29.003;
98	98	(B) individualized education program team
99	99	[admission, review, and dismissal committee] meetings;
100	100	(C) manifestation determination reviews required
101	101	by Section 37.004(b);
102	102	(D) any disciplinary actions under Chapter 37 for
103	103	which parental notice is required;
104	104	(E) citations issued for Class C misdemeanor
105	105	offenses on school property or at school-sponsored activities;
106	106	(F) reports of restraint and seclusion required
107	107	by Section 37.0021;
108	108	(G) use of corporal punishment as provided by
109	109	Section 37.0011; and
110	110	(H) appointment of a surrogate parent for the
111	111	child under Section 29.0151;
112	112	(11) developing procedures for allowing a student who
113	113	is homeless or in substitute care who was previously enrolled in a
114	114	course required for graduation the opportunity, to the extent
115	115	practicable, to complete the course, at no cost to the student,
116	116	before the beginning of the next school year;
117	117	(12) ensuring that a student who is homeless or in
118	118	substitute care who is not likely to receive a high school diploma
119	119	before the fifth school year following the student's enrollment in
120	120	grade nine, as determined by the district, has the student's course
121	121	credit accrual and personal graduation plan reviewed;
122	122	(13) ensuring that a student in substitute care who is
123	123	in grade 11 or 12 be provided information regarding tuition and fee
124	124	exemptions under Section 54.366 for dual-credit or other courses
125	125	provided by a public institution of higher education for which a
126	126	high school student may earn joint high school and college credit;
127	127	(14) designating at least one agency employee to act
128	128	as a liaison officer regarding educational issues related to
129	129	students in the conservatorship of the Department of Family and
130	130	Protective Services; and
131	131	(15) providing other assistance as identified by the
132	132	agency.
133	133	SECTION 4. Section 25.043(h), Education Code, is amended to
134	134	read as follows:
135	135	(h) This section does not affect:
136	136	(1) a right or obligation under Subchapter A, Chapter
137	137	29, or under the Individuals with Disabilities Education Act (20
138	138	U.S.C. Section 1400 et seq.) regarding the individual placement
139	139	decisions of an individualized education program team [the school
140	140	district admission, review, and dismissal committee]; or
141	141	(2) the right of a school district or teacher to remove
142	142	a student from a classroom under Chapter 37.
143	143	SECTION 5. Sections 26.0081(a) and (b), Education Code, are
144	144	amended to read as follows:
145	145	(a) The agency shall produce and provide to school districts
146	146	sufficient copies of a comprehensive, easily understood document
147	147	that explains the process by which an individualized education
148	148	program is developed for a student in a special education program
149	149	and the rights and responsibilities of a parent concerning the
150	150	process. The document must include information a parent needs to
151	151	effectively participate in an individualized education program
152	152	team [admission, review, and dismissal committee] meeting for the
153	153	parent's child.
154	154	(b) The agency will ensure that each school district
155	155	provides the document required under this section to the parent as
156	156	provided by 20 U.S.C. Section 1415(b):
157	157	(1) as soon as practicable after a child is referred to
158	158	determine the child's eligibility for admission into the district's
159	159	special education program, but at least five school days before the
160	160	date of the initial meeting of the individualized education program
161	161	team [admission, review, and dismissal committee]; and
162	162	(2) at any other time on reasonable request of the
163	163	child's parent.
164	164	SECTION 6. Section 28.006(g), Education Code, is amended to
165	165	read as follows:
166	166	(g) A school district shall notify the parent or guardian of
167	167	each student in kindergarten or first or second grade who is
168	168	determined, on the basis of reading instrument results, to be at
169	169	risk for dyslexia or other reading difficulties. The district shall
170	170	implement an accelerated reading instruction program that provides
171	171	reading instruction that addresses reading deficiencies to those
172	172	students and shall determine the form, content, and timing of that
173	173	program. The individualized education program team [admission,
174	174	review, and dismissal committee] of a student who participates in a
175	175	district's special education program under Subchapter B, Chapter
176	176	29, and who does not perform satisfactorily on a reading instrument
177	177	under this section shall determine the manner in which the student
178	178	will participate in an accelerated reading instruction program
179	179	under this subsection.
180	180	SECTION 7. Sections 28.0211(i), (i-1), and (i-2), Education
181	181	Code, are amended to read as follows:
182	182	(i) The individualized education program team [admission,
183	183	review, and dismissal committee] of a student who participates in a
184	184	district's special education program under Subchapter A, Chapter
185	185	29, and who does not perform satisfactorily on an assessment
186	186	instrument specified under Subsection (a) and administered under
187	187	Section 39.023(a) or (b) must meet before the student is
188	188	administered the assessment instrument for the second time. The
189	189	team [committee] shall determine:
190	190	(1) the manner in which the student will participate
191	191	in an accelerated instruction program under this section; and
192	192	(2) whether the student will be promoted in accordance
193	193	with Subsection (i-1) or retained under this section.
194	194	(i-1) At a meeting of the individualized education program
195	195	team [admission, review, and dismissal committee] of a student
196	196	under Subsection (i), the team [committee] may promote the student
197	197	to the next grade level if the team [committee] concludes that the
198	198	student has made sufficient progress in the measurable academic
199	199	goals contained in the student's individualized education program
200	200	developed under Section 29.005. A school district that promotes a
201	201	student under this subsection is not required to provide an
202	202	additional opportunity for the student to perform satisfactorily on
203	203	the assessment instrument.
204	204	(i-2) Not later than September 1 of each school year, a
205	205	school district must notify the parent or person standing in
206	206	parental relation to a student enrolled in the district's special
207	207	education program under Subchapter A, Chapter 29, of the options of
208	208	the individualized education program team [admission, review, and
209	209	dismissal committee] under Subsections (i) and (i-1) if the student
210	210	does not perform satisfactorily on an assessment instrument.
211	211	SECTION 8. Section 28.0213(e), Education Code, is amended
212	212	to read as follows:
213	213	(e) For a student in a special education program under
214	214	Subchapter A, Chapter 29, who does not perform satisfactorily on an
215	215	assessment instrument administered under Section 39.023(a), (b),
216	216	or (c), the student's individualized education program team
217	217	[admission, review, and dismissal committee] shall design the
218	218	program to:
219	219	(1) enable the student to attain a standard of annual
220	220	growth on the basis of the student's individualized education
221	221	program; and
222	222	(2) if applicable, carry out the purposes of Section
223	223	28.0211.
224	224	SECTION 9. Sections 28.025(b-11), (b-14), (c-7), and (c-8),
225	225	Education Code, are amended to read as follows:
226	226	(b-11) In adopting rules under Subsection (b-1), the State
227	227	Board of Education shall allow a student who is unable to
228	228	participate in physical activity due to disability or illness to
229	229	substitute one credit in English language arts, mathematics,
230	230	science, or social studies, one credit in a course that is offered
231	231	for credit as provided by Section 28.002(g-1), or one academic
232	232	elective credit for the physical education credit required under
233	233	Subsection (b-1)(8). A credit allowed to be substituted under this
234	234	subsection may not also be used by the student to satisfy a
235	235	graduation requirement other than completion of the physical
236	236	education credit. The rules must provide that the determination
237	237	regarding a student's ability to participate in physical activity
238	238	will be made by:
239	239	(1) if the student receives special education services
240	240	under Subchapter A, Chapter 29, the student's individualized
241	241	education program team [admission, review, and dismissal
242	242	committee];
243	243	(2) if the student does not receive special education
244	244	services under Subchapter A, Chapter 29, but is covered by Section
245	245	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
246	246	committee established for the student under that Act; or
247	247	(3) if a team or a committee [each of the committees]
248	248	described by Subdivision [Subdivisions] (1) or [and] (2) is
249	249	inapplicable, a committee established by the school district of
250	250	persons with appropriate knowledge regarding the student.
251	251	(b-14) In adopting rules under Subsection (b-1), the State
252	252	Board of Education shall allow a student who, due to disability, is
253	253	unable to complete two courses in the same language in a language
254	254	other than English, as provided under Subsection (b-1)(5), to
255	255	substitute for those credits two credits in English language arts,
256	256	mathematics, science, or social studies or two credits in career
257	257	and technology education, technology applications, or other
258	258	academic electives. A credit allowed to be substituted under this
259	259	subsection may not also be used by the student to satisfy a
260	260	graduation credit requirement other than credit for completion of a
261	261	language other than English. The rules must provide that the
262	262	determination regarding a student's ability to participate in
263	263	language-other-than-English courses will be made by:
264	264	(1) if the student receives special education services
265	265	under Subchapter A, Chapter 29, the student's individualized
266	266	education program team [admission, review, and dismissal
267	267	committee]; or
268	268	(2) if the student does not receive special education
269	269	services under Subchapter A, Chapter 29, but is covered by Section
270	270	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
271	271	committee established for the student under that Act.
272	272	(c-7) Subject to Subsection (c-8), a student who is enrolled
273	273	in a special education program under Subchapter A, Chapter 29, may
274	274	earn an endorsement on the student's transcript by:
275	275	(1) successfully completing, with or without
276	276	modification of the curriculum:
277	277	(A) the curriculum requirements identified by
278	278	the State Board of Education under Subsection (a); and
279	279	(B) the additional endorsement curriculum
280	280	requirements prescribed by the State Board of Education under
281	281	Subsection (c-2); and
282	282	(2) successfully completing all curriculum
283	283	requirements for that endorsement adopted by the State Board of
284	284	Education:
285	285	(A) without modification of the curriculum; or
286	286	(B) with modification of the curriculum,
287	287	provided that the curriculum, as modified, is sufficiently rigorous
288	288	as determined by the student's individualized education program
289	289	team [admission, review, and dismissal committee].
290	290	(c-8) For purposes of Subsection (c-7), the individualized
291	291	education program team [admission, review, and dismissal
292	292	committee] of a student in a special education program under
293	293	Subchapter A, Chapter 29, shall determine whether the student is
294	294	required to achieve satisfactory performance on an end-of-course
295	295	assessment instrument to earn an endorsement on the student's
296	296	transcript.
297	297	SECTION 10. Section 29.001, Education Code, is amended to
298	298	read as follows:
299	299	Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
300	300	modify as necessary, a statewide design, consistent with federal
301	301	law, for the delivery of services to children with disabilities in
302	302	this state that includes rules for the administration and funding
303	303	of the special education program so that a free appropriate public
304	304	education is available to all of those children between the ages of
305	305	three and 21. The statewide design shall include the provision of
306	306	services primarily through school districts and shared services
307	307	arrangements, supplemented by regional education service centers.
308	308	The agency shall also develop and implement a statewide plan with
309	309	programmatic content that includes procedures designed to:
310	310	(1) ensure state compliance with requirements for
311	311	supplemental federal funding for all state-administered programs
312	312	involving the delivery of instructional or related services to
313	313	students with disabilities;
314	314	(2) facilitate interagency coordination when other
315	315	state agencies are involved in the delivery of instructional or
316	316	related services to students with disabilities;
317	317	(3) periodically assess statewide personnel needs in
318	318	all areas of specialization related to special education and pursue
319	319	strategies to meet those needs through a consortium of
320	320	representatives from regional education service centers, local
321	321	education agencies, and institutions of higher education and
322	322	through other available alternatives;
323	323	(4) ensure that regional education service centers
324	324	throughout the state maintain a regional support function, which
325	325	may include direct service delivery and a component designed to
326	326	facilitate the placement of students with disabilities who cannot
327	327	be appropriately served in their resident districts;
328	328	(5) allow the agency to effectively monitor and
329	329	periodically conduct site visits of all school districts to ensure
330	330	that rules adopted under this section are applied in a consistent
331	331	and uniform manner, to ensure that districts are complying with
332	332	those rules, and to ensure that annual statistical reports filed by
333	333	the districts and not otherwise available through the Public
334	334	Education Information Management System under Sections 48.008 and
335	335	48.009 are accurate and complete;
336	336	(6) ensure that appropriately trained personnel are
337	337	involved in the diagnostic and evaluative procedures operating in
338	338	all districts and that those personnel routinely serve on district
339	339	individualized education program teams [admissions, review, and
340	340	dismissal committees];
341	341	(7) ensure that an individualized education program
342	342	for each student with a disability is properly developed,
343	343	implemented, and maintained in the least restrictive environment
344	344	that is appropriate to meet the student's educational needs;
345	345	(8) ensure that, when appropriate, each student with a
346	346	disability is provided an opportunity to participate in career and
347	347	technology and physical education classes, in addition to
348	348	participating in regular or special classes;
349	349	(9) ensure that each student with a disability is
350	350	provided necessary related services;
351	351	(10) ensure that an individual assigned to act as a
352	352	surrogate parent for a child with a disability, as provided by 20
353	353	U.S.C. Section 1415(b), is required to:
354	354	(A) complete a training program that complies
355	355	with minimum standards established by agency rule;
356	356	(B) visit the child and the child's school;
357	357	(C) consult with persons involved in the child's
358	358	education, including teachers, caseworkers, court-appointed
359	359	volunteers, guardians ad litem, attorneys ad litem, foster parents,
360	360	and caretakers;
361	361	(D) review the child's educational records;
362	362	(E) attend meetings of the child's
363	363	individualized education program team [admission, review, and
364	364	dismissal committee];
365	365	(F) exercise independent judgment in pursuing
366	366	the child's interests; and
367	367	(G) exercise the child's due process rights under
368	368	applicable state and federal law; and
369	369	(11) ensure that each district develops a process to
370	370	be used by a teacher who instructs a student with a disability in a
371	371	regular classroom setting:
372	372	(A) to request a review of the student's
373	373	individualized education program;
374	374	(B) to provide input in the development of the
375	375	student's individualized education program;
376	376	(C) that provides for a timely district response
377	377	to the teacher's request; and
378	378	(D) that provides for notification to the
379	379	student's parent or legal guardian of that response.
380	380	SECTION 11. Section 29.004(a-1), Education Code, is amended
381	381	to read as follows:
382	382	(a-1) If a school district receives written consent signed
383	383	by a student's parent or legal guardian for a full individual and
384	384	initial evaluation of a student at least 35 but less than 45 school
385	385	days before the last instructional day of the school year, the
386	386	evaluation must be completed and the written report of the
387	387	evaluation must be provided to the parent or legal guardian not
388	388	later than June 30 of that year. The student's individualized
389	389	education program team [admission, review, and dismissal
390	390	committee] shall meet not later than the 15th school day of the
391	391	following school year to consider the evaluation. If a district
392	392	receives written consent signed by a student's parent or legal
393	393	guardian less than 35 school days before the last instructional day
394	394	of the school year or if the district receives the written consent
395	395	at least 35 but less than 45 school days before the last
396	396	instructional day of the school year but the student is absent from
397	397	school during that period on three or more days, Subsection (a)(1)
398	398	applies to the date the written report of the full individual and
399	399	initial evaluation is required.
400	400	SECTION 12. Sections 29.005(a), (b), (b-1), (c), and (g),
401	401	Education Code, are amended to read as follows:
402	402	(a) Before a child is enrolled in a special education
403	403	program of a school district, the district shall establish an
404	404	individualized education program team [a committee] composed of the
405	405	persons required under 20 U.S.C. Section 1414(d) to develop the
406	406	child's individualized education program. If a team [committee] is
407	407	required to include a regular education teacher, the regular
408	408	education teacher included must, to the extent practicable, be a
409	409	teacher who is responsible for implementing a portion of the
410	410	child's individualized education program.
411	411	(b) The individualized education program team [committee]
412	412	shall develop the individualized education program by agreement of
413	413	the team [committee] members or, if those persons cannot agree, by
414	414	an alternate method provided by the agency. Majority vote may not be
415	415	used to determine the individualized education program.
416	416	(b-1) The written statement of the individualized education
417	417	program must document the decisions of the individualized education
418	418	program team [committee] with respect to issues discussed at each
419	419	team [committee] meeting. The written statement must include:
420	420	(1) the date of the meeting;
421	421	(2) the name, position, and signature of each member
422	422	participating in the meeting; and
423	423	(3) an indication of whether the child's parents, the
424	424	adult student, if applicable, and the administrator agreed or
425	425	disagreed with the decisions of the team [committee].
426	426	(c) If the individualized education program is not
427	427	developed by agreement, the written statement of the program
428	428	required under 20 U.S.C. Section 1414(d) must include the basis of
429	429	the disagreement. Each member of the individualized education
430	430	program team [committee] who disagrees with the individualized
431	431	education program developed by the team [committee] is entitled to
432	432	include a statement of disagreement in the written statement of the
433	433	program.
434	434	(g) The individualized education program team [committee]
435	435	may determine that a behavior improvement plan or a behavioral
436	436	intervention plan is appropriate for a student for whom the team
437	437	[committee] has developed an individualized education program. If
438	438	the team [committee] makes that determination, the behavior
439	439	improvement plan or the behavioral intervention plan shall be
440	440	included as part of the student's individualized education program
441	441	and provided to each teacher with responsibility for educating the
442	442	student.
443	443	SECTION 13. Section 29.008(c), Education Code, is amended
444	444	to read as follows:
445	445	(c) When a student, including one for whom the state is
446	446	managing conservator, is placed primarily for care or treatment
447	447	reasons in a private residential facility that operates its own
448	448	private education program, none of the costs may be paid from public
449	449	education funds. If a residential placement primarily for care or
450	450	treatment reasons involves a private residential facility in which
451	451	the education program is provided by the school district, the
452	452	portion of the costs that includes appropriate education services,
453	453	as determined by the individualized education program team [the
454	454	school district's admission, review, and dismissal committee],
455	455	shall be paid from state and federal education funds.
456	456	SECTION 14. Sections 29.011(a) and (a-1), Education Code,
457	457	are amended to read as follows:
458	458	(a) The commissioner shall by rule adopt procedures for
459	459	compliance with federal requirements relating to transition
460	460	services for students who are enrolled in special education
461	461	programs under this subchapter. The procedures must specify the
462	462	manner in which a student's individualized education program team
463	463	[admission, review, and dismissal committee] must consider, and if
464	464	appropriate, address the following issues in the student's
465	465	individualized education program:
466	466	(1) appropriate student involvement in the student's
467	467	transition to life outside the public school system;
468	468	(2) if the student is younger than 18 years of age,
469	469	appropriate involvement in the student's transition by the
470	470	student's parents and other persons invited to participate by:
471	471	(A) the student's parents; or
472	472	(B) the school district in which the student is
473	473	enrolled;
474	474	(3) if the student is at least 18 years of age,
475	475	involvement in the student's transition and future by the student's
476	476	parents and other persons, if the parent or other person:
477	477	(A) is invited to participate by the student or
478	478	the school district in which the student is enrolled; or
479	479	(B) has the student's consent to participate
480	480	pursuant to a supported decision-making agreement under Chapter
481	481	1357, Estates Code;
482	482	(4) appropriate postsecondary education options,
483	483	including preparation for postsecondary-level coursework;
484	484	(5) an appropriate functional vocational evaluation;
485	485	(6) appropriate employment goals and objectives;
486	486	(7) if the student is at least 18 years of age, the
487	487	availability of age-appropriate instructional environments,
488	488	including community settings or environments that prepare the
489	489	student for postsecondary education or training, competitive
490	490	integrated employment, or independent living, in coordination with
491	491	the student's transition goals and objectives;
492	492	(8) appropriate independent living goals and
493	493	objectives;
494	494	(9) appropriate circumstances for facilitating a
495	495	referral of a student or the student's parents to a governmental
496	496	agency for services or public benefits, including a referral to a
497	497	governmental agency to place the student on a waiting list for
498	498	public benefits available to the student, such as a waiver program
499	499	established under Section 1915(c), Social Security Act (42 U.S.C.
500	500	Section 1396n(c)); and
501	501	(10) the use and availability of appropriate:
502	502	(A) supplementary aids, services, curricula, and
503	503	other opportunities to assist the student in developing
504	504	decision-making skills; and
505	505	(B) supports and services to foster the student's
506	506	independence and self-determination, including a supported
507	507	decision-making agreement under Chapter 1357, Estates Code.
508	508	(a-1) A student's individualized education program team
509	509	[admission, review, and dismissal committee] shall annually review
510	510	the issues described by Subsection (a) and, if necessary, update
511	511	the portions of the student's individualized education program that
512	512	address those issues.
513	513	SECTION 15. Section 29.0112(e), Education Code, is amended
514	514	to read as follows:
515	515	(e) A school district shall:
516	516	(1) post the transition and employment guide on the
517	517	district's website if the district maintains a website;
518	518	(2) provide written information and, if necessary,
519	519	assistance to a student or parent regarding how to access the
520	520	electronic version of the guide at:
521	521	(A) the first meeting of the student's
522	522	individualized education program team [admission, review, and
523	523	dismissal committee] at which transition is discussed; and
524	524	(B) the first team [committee] meeting at which
525	525	transition is discussed that occurs after the date on which the
526	526	guide is updated; and
527	527	(3) on request, provide a printed copy of the guide to
528	528	a student or parent.
529	529	SECTION 16. Section 29.015(b), Education Code, is amended
530	530	to read as follows:
531	531	(b) A foster parent who will act as a parent of a child with
532	532	a disability as provided by Subsection (a) must complete a training
533	533	program before the next scheduled individualized education program
534	534	team [admission, review, and dismissal committee] meeting for the
535	535	child but not later than the 90th day after the date the foster
536	536	parent begins acting as the parent for the purpose of making special
537	537	education decisions.
538	538	SECTION 17. Section 29.0151(d), Education Code, is amended
539	539	to read as follows:
540	540	(d) A surrogate parent appointed by a district must:
541	541	(1) be willing to serve in that capacity;
542	542	(2) exercise independent judgment in pursuing the
543	543	child's interests;
544	544	(3) ensure that the child's due process rights under
545	545	applicable state and federal laws are not violated;
546	546	(4) complete a training program that complies with
547	547	minimum standards established by agency rule within the time
548	548	specified in Section 29.015(b);
549	549	(5) visit the child and the school where the child is
550	550	enrolled;
551	551	(6) review the child's educational records;
552	552	(7) consult with any person involved in the child's
553	553	education, including the child's:
554	554	(A) teachers;
555	555	(B) caseworkers;
556	556	(C) court-appointed volunteers;
557	557	(D) guardian ad litem;
558	558	(E) attorney ad litem;
559	559	(F) foster parent; and
560	560	(G) caregiver; and
561	561	(8) attend meetings of the child's individualized
562	562	education program team [admission, review, and dismissal
563	563	committee].
564	564	SECTION 18. Section 29.019(e), Education Code, is amended
565	565	to read as follows:
566	566	(e) Nothing in this section prohibits a school district from
567	567	using individualized education program facilitation as the
568	568	district's preferred method of conducting initial and annual
569	569	individualized education program team [admission, review, and
570	570	dismissal committee] meetings.
571	571	SECTION 19. Section 29.020(a), Education Code, is amended
572	572	to read as follows:
573	573	(a) The agency shall develop rules in accordance with this
574	574	section applicable to the administration of a state individualized
575	575	education program facilitation project. The program shall include
576	576	the provision of an independent individualized education program
577	577	facilitator to facilitate an individualized education program team
578	578	[admission, review, and dismissal committee] meeting with parties
579	579	who are in a dispute about decisions relating to the provision of a
580	580	free appropriate public education to a student with a disability.
581	581	Facilitation implemented under the project must comply with rules
582	582	developed under this subsection.
583	583	SECTION 20. Section 29.022(l), Education Code, is amended
584	584	to read as follows:
585	585	(l) A school district or open-enrollment charter school
586	586	policy relating to the placement, operation, or maintenance of
587	587	video cameras under this section must:
588	588	(1) include information on how a person may appeal an
589	589	action by the district or school that the person believes to be in
590	590	violation of this section or a policy adopted in accordance with
591	591	this section, including the appeals process under Section 7.057;
592	592	(2) require that the district or school provide a
593	593	response to a request made under this section not later than the
594	594	seventh school business day after receipt of the request by the
595	595	person to whom it must be submitted under Subsection (a-3) that
596	596	authorizes the request or states the reason for denying the
597	597	request;
598	598	(3) except as provided by Subdivision (5), require
599	599	that a school or a campus begin operation of a video camera in
600	600	compliance with this section not later than the 45th school
601	601	business day, or the first school day after the 45th school business
602	602	day if that day is not a school day, after the request is authorized
603	603	unless the agency grants an extension of time;
604	604	(4) permit the parent of a student whose
605	605	individualized education program team [admission, review, and
606	606	dismissal committee] has determined that the student's placement
607	607	for the following school year will be in a classroom or other
608	608	special education setting in which a video camera may be placed
609	609	under this section to make a request for the video camera by the
610	610	later of:
611	611	(A) the date on which the current school year
612	612	ends; or
613	613	(B) the 10th school business day after the date
614	614	of the placement determination by the individualized education
615	615	program team [admission, review, and dismissal committee]; and
616	616	(5) if a request is made by a parent in compliance with
617	617	Subdivision (4), unless the agency grants an extension of time,
618	618	require that a school or campus begin operation of a video camera in
619	619	compliance with this section not later than the later of:
620	620	(A) the 10th school day of the fall semester; or
621	621	(B) the 45th school business day, or the first
622	622	school day after the 45th school business day if that day is not a
623	623	school day, after the date the request is made.
624	624	SECTION 21. Section 29.026(d), Education Code, is amended
625	625	to read as follows:
626	626	(d) A school district or open-enrollment charter school may
627	627	not:
628	628	(1) charge a fee for the program, other than those
629	629	authorized by law for students in public schools;
630	630	(2) require a parent to enroll a child in the program;
631	631	(3) allow an individualized education program team
632	632	[admission, review, and dismissal committee] to place a student in
633	633	the program without the written consent of the student's parent or
634	634	guardian; or
635	635	(4) continue the placement of a student in the program
636	636	after the student's parent or guardian revokes consent, in writing,
637	637	to the student's placement in the program.
638	638	SECTION 22. Section 29.027(d), Education Code, is amended
639	639	to read as follows:
640	640	(d) A school district or open-enrollment charter school may
641	641	not:
642	642	(1) charge a fee for the program, other than those
643	643	authorized by law for students in public schools;
644	644	(2) require a parent to enroll a child in the program;
645	645	(3) allow an individualized education program team
646	646	[admission, review, and dismissal committee] to place a student in
647	647	the program without the written consent of the student's parent or
648	648	guardian; or
649	649	(4) continue the placement of a student in the program
650	650	after the student's parent or guardian revokes consent, in writing,
651	651	to the student's placement in the program.
652	652	SECTION 23. Section 29.305, Education Code, is amended to
653	653	read as follows:
654	654	Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in
655	655	conflict with any individualized education program team
656	656	[admission, review, and dismissal committee] recommendations, a
657	657	student who is deaf or hard of hearing must have an education in the
658	658	company of a sufficient number of peers using the same language mode
659	659	and with whom the student can communicate directly. If practicable,
660	660	the peers must be of the same or approximately the same age and
661	661	ability.
662	662	SECTION 24. Section 29.312, Education Code, is amended to
663	663	read as follows:
664	664	Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES.
665	665	Appropriate psychological counseling services for a student who is
666	666	deaf or hard of hearing shall be made available at the student's
667	667	school site in the student's primary mode of communication. In the
668	668	case of a student who is hard of hearing, appropriate auditory
669	669	systems to enhance oral communication shall be used if required by
670	670	the student's individualized education program team [admission,
671	671	review, and dismissal committee].
672	672	SECTION 25. Section 29.314, Education Code, is amended to
673	673	read as follows:
674	674	Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to
675	675	satisfying requirements of the individualized education program
676	676	team [admission, review, and dismissal committee] and to satisfying
677	677	requirements under state and federal law for vocational training,
678	678	each school district shall develop and implement a transition plan
679	679	for the transition of a student who is deaf or hard of hearing into a
680	680	regular class program if the student is to be transferred from a
681	681	special class or center or nonpublic, nonsectarian school into a
682	682	regular class in a public school for any part of the school day. The
683	683	transition plan must provide for activities:
684	684	(1) to integrate the student into the regular
685	685	education program and specify the nature of each activity and the
686	686	time spent on the activity each day; and
687	687	(2) to support the transition of the student from the
688	688	special education program into the regular education program.
689	689	SECTION 26. Section 29.453(b), Education Code, is amended
690	690	to read as follows:
691	691	(b) The educational placement of an alleged offender
692	692	resident and the educational services to be provided by a school
693	693	district to the resident shall be determined by the resident's
694	694	individualized education program team [admission, review, and
695	695	dismissal committee] consistent with federal law and regulations
696	696	regarding the placement of students with disabilities in the least
697	697	restrictive environment. The resident's individualized education
698	698	program team [admission, review, and dismissal committee] shall:
699	699	(1) inform the resident's interdisciplinary team of a
700	700	determination the resident's individualized education program team
701	701	[committee] makes in accordance with this subsection; and
702	702	(2) consult, to the extent practicable, with the
703	703	resident's interdisciplinary team concerning such a determination.
704	704	SECTION 27. Section 29.454(d), Education Code, is amended
705	705	to read as follows:
706	706	(d) Each behavior support specialist shall:
707	707	(1) ensure that each alleged offender resident
708	708	enrolled in the school district is provided behavior management
709	709	services under a school behavioral intervention plan based on the
710	710	resident's functional behavioral assessment, as described by
711	711	Subsection (c);
712	712	(2) communicate and coordinate with the resident's
713	713	interdisciplinary team to ensure that behavioral intervention
714	714	actions of the district and of the forensic state supported living
715	715	center do not conflict;
716	716	(3) in the case of a resident who regresses:
717	717	(A) ensure that necessary corrective action is
718	718	taken in the resident's individualized education program or school
719	719	behavioral intervention plan, as appropriate; and
720	720	(B) communicate with the resident's
721	721	interdisciplinary team concerning the regression and encourage the
722	722	team to aggressively address the regression;
723	723	(4) participate in the resident's individualized
724	724	education program team [admission, review, and dismissal
725	725	committee] meetings in conjunction with:
726	726	(A) developing and implementing the resident's
727	727	school behavioral intervention plan; and
728	728	(B) determining the appropriate educational
729	729	placement for each resident, considering all available academic and
730	730	behavioral information;
731	731	(5) coordinate each resident's school behavioral
732	732	intervention plan with the resident's program of active treatment
733	733	provided by the forensic state supported living center to ensure
734	734	consistency of approach and response to the resident's identified
735	735	behaviors;
736	736	(6) provide training for school district staff and, as
737	737	appropriate, state supported living center staff in implementing
738	738	behavioral intervention plans for each resident; and
739	739	(7) remain involved with the resident during the
740	740	school day.
741	741	SECTION 28. Section 29.455(a), Education Code, is amended
742	742	to read as follows:
743	743	(a) A school district in which alleged offender residents
744	744	are enrolled in school and the forensic state supported living
745	745	center shall enter into a memorandum of understanding to:
746	746	(1) establish the duties and responsibilities of the
747	747	behavior support specialist to ensure the safety of all students
748	748	and teachers while educational services are provided to a resident
749	749	at a school in the district; and
750	750	(2) ensure the provision of appropriate facilities for
751	751	providing educational services and of necessary technological
752	752	equipment if a resident's individualized education program team
753	753	[admission, review, and dismissal committee] determines that the
754	754	resident must receive educational services at the forensic state
755	755	supported living center.
756	756	SECTION 29. Sections 30.002(c) and (f), Education Code, are
757	757	amended to read as follows:
758	758	(c) The comprehensive statewide plan for the education of
759	759	children with visual impairments must:
760	760	(1) adequately provide for comprehensive diagnosis
761	761	and evaluation of each school-age child with a serious visual
762	762	impairment;
763	763	(2) include the procedures, format, and content of the
764	764	individualized education program for each child with a visual
765	765	impairment;
766	766	(3) emphasize providing educational services to
767	767	children with visual impairments in their home communities whenever
768	768	possible;
769	769	(4) include methods to ensure that children with
770	770	visual impairments receiving special education services in school
771	771	districts receive, before being placed in a classroom setting or
772	772	within a reasonable time after placement:
773	773	(A) evaluation of the impairment; and
774	774	(B) instruction in an expanded core curriculum,
775	775	which is required for students with visual impairments to succeed
776	776	in classroom settings and to derive lasting, practical benefits
777	777	from the education provided by school districts, including
778	778	instruction in:
779	779	(i) compensatory skills, such as braille
780	780	and concept development, and other skills needed to access the rest
781	781	of the curriculum;
782	782	(ii) orientation and mobility;
783	783	(iii) social interaction skills;
784	784	(iv) career planning;
785	785	(v) assistive technology, including
786	786	optical devices;
787	787	(vi) independent living skills;
788	788	(vii) recreation and leisure enjoyment;
789	789	(viii) self-determination; and
790	790	(ix) sensory efficiency;
791	791	(5) provide for flexibility on the part of school
792	792	districts to meet the special needs of children with visual
793	793	impairments through:
794	794	(A) specialty staff and resources provided by the
795	795	district;
796	796	(B) contractual arrangements with other
797	797	qualified public or private agencies;
798	798	(C) supportive assistance from regional
799	799	education service centers or adjacent school districts;
800	800	(D) short-term or long-term services through the
801	801	Texas School for the Blind and Visually Impaired or related
802	802	facilities or programs; or
803	803	(E) other instructional and service arrangements
804	804	approved by the agency;
805	805	(6) include a statewide individualized education
806	806	program [admission, review, and dismissal] process;
807	807	(7) provide for effective interaction between the
808	808	visually impaired child's classroom setting and the child's home
809	809	environment, including providing for parental training and
810	810	counseling either by school district staff or by representatives of
811	811	other organizations directly involved in the development and
812	812	implementation of the individualized education program for the
813	813	child;
814	814	(8) require the continuing education and professional
815	815	development of school district staff providing special education
816	816	services to children with visual impairments;
817	817	(9) provide for adequate monitoring and precise
818	818	evaluation of special education services provided to children with
819	819	visual impairments through school districts; and
820	820	(10) require that school districts providing special
821	821	education services to children with visual impairments develop
822	822	procedures for assuring that staff assigned to work with the
823	823	children have prompt and effective access directly to resources
824	824	available through:
825	825	(A) cooperating agencies in the area;
826	826	(B) the Texas School for the Blind and Visually
827	827	Impaired;
828	828	(C) the Central Media Depository for specialized
829	829	instructional materials and aids made specifically for use by
830	830	students with visual impairments;
831	831	(D) sheltered workshops participating in the
832	832	state program of purchases of blind-made goods and services; and
833	833	(E) related sources.
834	834	(f) In the development of the individualized education
835	835	program for a student with a visual impairment, proficiency in
836	836	reading and writing is a significant indicator of the student's
837	837	satisfactory educational progress. The individualized education
838	838	program for a student with a visual impairment must include
839	839	instruction in braille and the use of braille unless the student's
840	840	individualized education program team [admission, review, and
841	841	dismissal committee] determines and documents that braille is not
842	842	an appropriate literacy medium for the student. The team's
843	843	[committee's] determination must be based on an evaluation of the
844	844	student's appropriate literacy media and literacy skills and the
845	845	student's current and future instructional needs. Braille
846	846	instruction:
847	847	(1) may be used in combination with other special
848	848	education services appropriate to the student's educational needs;
849	849	and
850	850	(2) shall be provided by a teacher certified to teach
851	851	students with visual impairments.
852	852	SECTION 30. Section 30.021(b), Education Code, is amended
853	853	to read as follows:
854	854	(b) The school district in which a student resides is
855	855	responsible for assuring that a free appropriate public education
856	856	is provided to each district student placed in the regular school
857	857	year program of the school and that all legally required meetings
858	858	for the purpose of developing and reviewing the student's
859	859	individualized educational program are conducted. If the school
860	860	disagrees with a district's individualized education program team
861	861	[committee] recommendation that a student be evaluated for
862	862	placement, initially placed, or continued to be placed at the
863	863	school, the district or the school may seek resolution according to
864	864	a procedure established by the commissioner or through any due
865	865	process hearing to which the district or school is entitled under
866	866	the Individuals with Disabilities Education Act (20 U.S.C. Section
867	867	1400 et seq.).
868	868	SECTION 31. Section 30.057(a), Education Code, is amended
869	869	to read as follows:
870	870	(a) The Texas School for the Deaf shall provide services in
871	871	accordance with Section 30.051 to any eligible student with a
872	872	disability for whom the school is an appropriate placement if the
873	873	student has been referred for admission:
874	874	(1) by the school district in which the student
875	875	resides under the student's individualized education program;
876	876	(2) by the student's parent or legal guardian, or a
877	877	person with legal authority to act in place of the parent or legal
878	878	guardian, or the student, if the student is age 18 or older, at any
879	879	time during the school year, if the referring person chooses the
880	880	school as the appropriate placement for the student rather than the
881	881	placement in the student's local or regional program recommended
882	882	under the student's individualized education program; or
883	883	(3) by the student's parent or legal guardian through
884	884	the student's individualized education program team [admission,
885	885	review, and dismissal] or individualized family service plan
886	886	committee, as an initial referral to special education for students
887	887	who are three years of age or younger.
888	888	SECTION 32. Section 30A.007(b), Education Code, is amended
889	889	to read as follows:
890	890	(b) For purposes of a policy adopted under Subsection (a),
891	891	the determination of whether or not an electronic course will meet
892	892	the needs of a student with a disability shall be made by the
893	893	student's individualized education program team [admission,
894	894	review, and dismissal committee] in a manner consistent with state
895	895	and federal law, including the Individuals with Disabilities
896	896	Education Act (20 U.S.C. Section 1400 et seq.) and Section 504,
897	897	Rehabilitation Act of 1973 (29 U.S.C. Section 794).
898	898	SECTION 33. Section 33.081(e), Education Code, is amended
899	899	to read as follows:
900	900	(e) Suspension of a student with a disability that
901	901	significantly interferes with the student's ability to meet regular
902	902	academic standards must be based on the student's failure to meet
903	903	the requirements of the student's individualized education
904	904	program. The determination of whether a disability significantly
905	905	interferes with a student's ability to meet regular academic
906	906	standards must be made by the student's individualized education
907	907	program team [admission, review, and dismissal committee]. For
908	908	purposes of this subsection, "student with a disability" means a
909	909	student who is eligible for a district's special education program
910	910	under Section 29.003(b).
911	911	SECTION 34. Section 37.001(b-1), Education Code, is amended
912	912	to read as follows:
913	913	(b-1) The methods adopted under Subsection (a)(8) must
914	914	provide that a student who is enrolled in a special education
915	915	program under Subchapter A, Chapter 29, may not be disciplined for
916	916	conduct prohibited in accordance with Subsection (a)(7) until an
917	917	individualized education program team [admission, review, and
918	918	dismissal committee] meeting has been held to review the conduct.
919	919	SECTION 35. Sections 37.004(a) and (b), Education Code, are
920	920	amended to read as follows:
921	921	(a) The placement of a student with a disability who
922	922	receives special education services may be made only by a duly
923	923	constituted individualized education program team [admission,
924	924	review, and dismissal committee].
925	925	(b) Any disciplinary action regarding a student with a
926	926	disability who receives special education services that would
927	927	constitute a change in placement under federal law may be taken only
928	928	after the student's individualized education program team
929	929	[admission, review, and dismissal committee] conducts a
930	930	manifestation determination review under 20 U.S.C. Section
931	931	1415(k)(4) and its subsequent amendments. Any disciplinary action
932	932	regarding the student shall be determined in accordance with
933	933	federal law and regulations, including laws or regulations
934	934	requiring the provision of:
935	935	(1) functional behavioral assessments;
936	936	(2) positive behavioral interventions, strategies,
937	937	and supports;
938	938	(3) behavioral intervention plans; and
939	939	(4) the manifestation determination review.
940	940	SECTION 36. Section 37.105(e), Education Code, is amended
941	941	to read as follows:
942	942	(e) If a parent or guardian of a child enrolled in a school
943	943	district is refused entry to the district's property under this
944	944	section, the district shall accommodate the parent or guardian to
945	945	ensure that the parent or guardian may participate in the child's
946	946	individualized education program team [admission, review, and
947	947	dismissal committee] or in the child's team established under
948	948	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in
949	949	accordance with federal law.
950	950	SECTION 37. Section 37.307(b), Education Code, is amended
951	951	to read as follows:
952	952	(b) The review under Section 37.306 of the placement of a
953	953	student with a disability who receives special education services
954	954	may be made only by a duly constituted individualized education
955	955	program team [admission, review, and dismissal committee]. The
956	956	individualized education program team [admission, review, and
957	957	dismissal committee] may request that the board of trustees convene
958	958	a committee described by Section 37.306(a) to assist the
959	959	individualized education program team [admission, review, and
960	960	dismissal committee] in conducting the review.
961	961	SECTION 38. Sections 39.023(b), (c), and (d), Education
962	962	Code, are amended to read as follows:
963	963	(b) The agency shall develop or adopt appropriate
964	964	criterion-referenced alternative assessment instruments to be
965	965	administered to each student in a special education program under
966	966	Subchapter A, Chapter 29, for whom an assessment instrument adopted
967	967	under Subsection (a), even with allowable accommodations, would not
968	968	provide an appropriate measure of student achievement, as
969	969	determined by the student's individualized education program team
970	970	[admission, review, and dismissal committee], including assessment
971	971	instruments approved by the commissioner that measure growth. The
972	972	assessment instruments developed or adopted under this subsection,
973	973	including the assessment instruments approved by the commissioner,
974	974	must, to the extent allowed under federal law, provide a district
975	975	with options for the assessment of students under this subsection.
976	976	The agency may not adopt a performance standard that indicates that
977	977	a student's performance on the alternate assessment does not meet
978	978	standards if the lowest level of the assessment accurately
979	979	represents the student's developmental level as determined by the
980	980	student's individualized education program team [admission,
981	981	review, and dismissal committee].
982	982	(c) The agency shall also adopt end-of-course assessment
983	983	instruments for secondary-level courses in Algebra I, biology,
984	984	English I, English II, and United States history. The Algebra I
985	985	end-of-course assessment instrument must be administered with the
986	986	aid of technology, but may include one or more parts that prohibit
987	987	the use of technology. The English I and English II end-of-course
988	988	assessment instruments must each assess essential knowledge and
989	989	skills in both reading and writing and must provide a single score.
990	990	A school district shall comply with State Board of Education rules
991	991	regarding administration of the assessment instruments listed in
992	992	this subsection. If a student is in a special education program
993	993	under Subchapter A, Chapter 29, the student's individualized
994	994	education program team [admission, review, and dismissal
995	995	committee] shall determine whether any allowable modification is
996	996	necessary in administering to the student an assessment instrument
997	997	required under this subsection. The State Board of Education shall
998	998	administer the assessment instruments. An end-of-course assessment
999	999	instrument may be administered in multiple parts over more than one
1000	1000	day. The State Board of Education shall adopt a schedule for the
1001	1001	administration of end-of-course assessment instruments that
1002	1002	complies with the requirements of Subsection (c-3).
1003	1003	(d) The commissioner may participate in multistate efforts
1004	1004	to develop voluntary standardized end-of-course assessment
1005	1005	instruments. The commissioner by rule may require a school district
1006	1006	to administer an end-of-course assessment instrument developed
1007	1007	through the multistate efforts. The individualized education
1008	1008	program team [admission, review, and dismissal committee] of a
1009	1009	student in a special education program under Subchapter A, Chapter
1010	1010	29, shall determine whether any allowable modification is necessary
1011	1011	in administering to the student an end-of-course assessment
1012	1012	instrument.
1013	1013	SECTION 39. Section 39.025(a-4), Education Code, is amended
1014	1014	to read as follows:
1015	1015	(a-4) The individualized education program team [admission,
1016	1016	review, and dismissal committee] of a student in a special
1017	1017	education program under Subchapter A, Chapter 29, shall determine
1018	1018	whether, to receive a high school diploma, the student is required
1019	1019	to achieve satisfactory performance on end-of-course assessment
1020	1020	instruments.
1021	1021	SECTION 40. Section 661.906, Government Code, is amended to
1022	1022	read as follows:
1023	1023	Sec. 661.906. FOSTER PARENTS. A state employee who is a
1024	1024	foster parent to a child under the conservatorship of the
1025	1025	Department of Protective and Regulatory Services is entitled to a
1026	1026	leave of absence without a deduction in salary for the purpose of
1027	1027	attending:
1028	1028	(1) meetings held by the Department of Protective and
1029	1029	Regulatory Services regarding the child under the foster care of
1030	1030	the employee; or
1031	1031	(2) an individualized education program team
1032	1032	[admission, review, and dismissal] meeting held by a school
1033	1033	district regarding the child under the foster care of the employee.
1034	1034	SECTION 41. Section 29.301(1), Education Code, is repealed.
1035	1035	SECTION 42. This Act takes effect September 1, 2021.