Texas 2023 - 88th Regular

Texas House Bill HB272 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Johnson of Dallas H.B. No. 272
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the terminology used to refer to certain disabilities
7	7	and to an individualized education team for purposes of determining
8	8	a student's eligibility for special education services and
9	9	providing those services in public schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 5.001, Education Code, is amended by
12	12	amending Subdivision (5-a) and adding Subdivision (5-b) to read as
13	13	follows:
14	14	(5-a) "Individualized education program team" has the
15	15	meaning assigned by 20 U.S.C. Section 1414(d)(1)(B).
16	16	(5-b) "Mental health condition" means a persistent or
17	17	recurrent pattern of thoughts, feelings, or behaviors that:
18	18	(A) constitutes a mental illness, disease, or
19	19	disorder, other than or in addition to epilepsy, substance abuse,
20	20	or an intellectual disability; or
21	21	(B) impairs a person's social, emotional, or
22	22	educational functioning and increases the risk of developing a
23	23	condition described by Paragraph (A).
24	24	SECTION 2. Subchapter A, Chapter 7, Education Code, is
25	25	amended by adding Section 7.011 to read as follows:
26	26	Sec. 7.011. USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS
27	27	WITH DISABILITIES EDUCATION ACT. (a) The legislature and the Texas
28	28	Legislative Council are directed, with respect to drafting or
29	29	amending any new or existing statute or resolution, and the
30	30	commissioner, the agency, and all other state agencies are
31	31	directed, with respect to the proposing, adopting, or amending of
32	32	new or existing rules and the producing of state agency reference
33	33	materials or publications, including electronic media, to avoid
34	34	using the phrases "admission, review, and dismissal committee" or
35	35	"ARD committee."
36	36	(b) In enacting, revising, proposing, adopting, amending,
37	37	or producing new or existing statutes, resolutions, rules, or state
38	38	agency materials, the legislature, the Texas Legislative Council,
39	39	the commissioner, the agency, and all other state agencies are
40	40	directed to replace, as appropriate, the phrases described in
41	41	Subsection (a) with the preferred phrases "individualized
42	42	education program team" or "IEP team."
43	43	(c) A statute, resolution, or rule is not invalid solely
44	44	because it does not employ this section's preferred phrases.
45	45	SECTION 3. Section 19.0051(b), Education Code, is amended
46	46	to read as follows:
47	47	(b) In developing a person's educational program under
48	48	Subsection (a), the Windham School District shall consider:
49	49	(1) the duration of the person's confinement or
50	50	imprisonment;
51	51	(2) the person's current level of education;
52	52	(3) the person's educational goals and preference; and
53	53	(4) if applicable, recommendations of the person's
54	54	individualized education program team [admission, review, and
55	55	dismissal committee].
56	56	SECTION 4. Section 25.007(b), Education Code, is amended to
57	57	read as follows:
58	58	(b) In recognition of the challenges faced by students who
59	59	are homeless or in substitute care, the agency shall assist the
60	60	transition of students who are homeless or in substitute care from
61	61	one school to another by:
62	62	(1) ensuring that school records for a student who is
63	63	homeless or in substitute care are transferred to the student's new
64	64	school not later than the 10th working day after the date the
65	65	student begins enrollment at the school;
66	66	(2) developing systems to ease transition of a student
67	67	who is homeless or in substitute care during the first two weeks of
68	68	enrollment at a new school;
69	69	(3) developing procedures for awarding credit,
70	70	including partial credit if appropriate, for course work, including
71	71	electives, completed by a student who is homeless or in substitute
72	72	care while enrolled at another school;
73	73	(4) developing procedures to ensure that a new school
74	74	relies on decisions made by the previous school regarding placement
75	75	in courses or educational programs of a student who is homeless or
76	76	in substitute care and places the student in comparable courses or
77	77	educational programs at the new school, if those courses or
78	78	programs are available;
79	79	(5) promoting practices that facilitate access by a
80	80	student who is homeless or in substitute care to extracurricular
81	81	programs, summer programs, credit transfer services, electronic
82	82	courses provided under Chapter 30A, and after-school tutoring
83	83	programs at nominal or no cost;
84	84	(6) establishing procedures to lessen the adverse
85	85	impact of the movement of a student who is homeless or in substitute
86	86	care to a new school;
87	87	(7) entering into a memorandum of understanding with
88	88	the Department of Family and Protective Services regarding the
89	89	exchange of information as appropriate to facilitate the transition
90	90	of students in substitute care from one school to another;
91	91	(8) encouraging school districts and open-enrollment
92	92	charter schools to provide services for a student who is homeless or
93	93	in substitute care in transition when applying for admission to
94	94	postsecondary study and when seeking sources of funding for
95	95	postsecondary study;
96	96	(9) requiring school districts, campuses, and
97	97	open-enrollment charter schools to accept a referral for special
98	98	education services made for a student who is homeless or in
99	99	substitute care by a school previously attended by the student, and
100	100	to provide comparable services to the student during the referral
101	101	process or until the new school develops an individualized
102	102	education program for the student;
103	103	(10) requiring school districts, campuses, and
104	104	open-enrollment charter schools to provide notice to the child's
105	105	educational decision-maker and caseworker regarding events that
106	106	may significantly impact the education of a child, including:
107	107	(A) requests or referrals for an evaluation under
108	108	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
109	109	special education under Section 29.003;
110	110	(B) individualized education program team
111	111	[admission, review, and dismissal committee] meetings;
112	112	(C) manifestation determination reviews required
113	113	by Section 37.004(b);
114	114	(D) any disciplinary actions under Chapter 37 for
115	115	which parental notice is required;
116	116	(E) citations issued for Class C misdemeanor
117	117	offenses on school property or at school-sponsored activities;
118	118	(F) reports of restraint and seclusion required
119	119	by Section 37.0021;
120	120	(G) use of corporal punishment as provided by
121	121	Section 37.0011; and
122	122	(H) appointment of a surrogate parent for the
123	123	child under Section 29.0151;
124	124	(11) developing procedures for allowing a student who
125	125	is homeless or in substitute care who was previously enrolled in a
126	126	course required for graduation the opportunity, to the extent
127	127	practicable, to complete the course, at no cost to the student,
128	128	before the beginning of the next school year;
129	129	(12) ensuring that a student who is homeless or in
130	130	substitute care who is not likely to receive a high school diploma
131	131	before the fifth school year following the student's enrollment in
132	132	grade nine, as determined by the district, has the student's course
133	133	credit accrual and personal graduation plan reviewed;
134	134	(13) ensuring that a student in substitute care who is
135	135	in grade 11 or 12 be provided information regarding tuition and fee
136	136	exemptions under Section 54.366 for dual-credit or other courses
137	137	provided by a public institution of higher education for which a
138	138	high school student may earn joint high school and college credit;
139	139	(14) designating at least one agency employee to act
140	140	as a liaison officer regarding educational issues related to
141	141	students in the conservatorship of the Department of Family and
142	142	Protective Services; and
143	143	(15) providing other assistance as identified by the
144	144	agency.
145	145	SECTION 5. Section 25.043(h), Education Code, is amended to
146	146	read as follows:
147	147	(h) This section does not affect:
148	148	(1) a right or obligation under Subchapter A, Chapter
149	149	29, or under the Individuals with Disabilities Education Act (20
150	150	U.S.C. Section 1400 et seq.) regarding the individual placement
151	151	decisions of an individualized education program team [the school
152	152	district admission, review, and dismissal committee]; or
153	153	(2) the right of a school district or teacher to remove
154	154	a student from a classroom under Chapter 37.
155	155	SECTION 6. Sections 26.0081(a) and (b), Education Code, are
156	156	amended to read as follows:
157	157	(a) The agency shall produce and provide to school districts
158	158	sufficient copies of a comprehensive, easily understood document
159	159	that explains the process by which an individualized education
160	160	program is developed for a student in a special education program
161	161	and the rights and responsibilities of a parent concerning the
162	162	process. The document must include information a parent needs to
163	163	effectively participate in an individualized education program
164	164	team [admission, review, and dismissal committee] meeting for the
165	165	parent's child.
166	166	(b) The agency will ensure that each school district
167	167	provides the document required under this section to the parent as
168	168	provided by 20 U.S.C. Section 1415(b):
169	169	(1) as soon as practicable after a child is referred to
170	170	determine the child's eligibility for admission into the district's
171	171	special education program, but at least five school days before the
172	172	date of the initial meeting of the individualized education program
173	173	team [admission, review, and dismissal committee]; and
174	174	(2) at any other time on reasonable request of the
175	175	child's parent.
176	176	SECTION 7. Section 28.006(g), Education Code, is amended to
177	177	read as follows:
178	178	(g) A school district shall notify the parent or guardian of
179	179	each student in kindergarten or first or second grade who is
180	180	determined, on the basis of reading instrument results, to be at
181	181	risk for dyslexia or other reading difficulties. The district shall
182	182	implement an accelerated reading instruction program that provides
183	183	reading instruction that addresses reading deficiencies to those
184	184	students and shall determine the form, content, and timing of that
185	185	program. The individualized education program team [admission,
186	186	review, and dismissal committee] of a student who participates in a
187	187	district's special education program under Subchapter B, Chapter
188	188	29, and who does not perform satisfactorily on a reading instrument
189	189	under this section shall determine the manner in which the student
190	190	will participate in an accelerated reading instruction program
191	191	under this subsection.
192	192	SECTION 8. Section 28.0211(i), Education Code, is amended
193	193	to read as follows:
194	194	(i) The individualized education program team [admission,
195	195	review, and dismissal committee] of a student who participates in a
196	196	district's special education program under Subchapter A, Chapter
197	197	29, and who does not perform satisfactorily on an assessment
198	198	instrument specified under Subsection (a) and administered under
199	199	Section 39.023(a) or (b) must meet to determine the manner in which
200	200	the student will participate in an accelerated instruction program
201	201	under this section.
202	202	SECTION 9. Section 28.0213(e), Education Code, is amended
203	203	to read as follows:
204	204	(e) For a student in a special education program under
205	205	Subchapter A, Chapter 29, who does not perform satisfactorily on an
206	206	assessment instrument administered under Section 39.023(a), (b),
207	207	or (c), the student's individualized education program team
208	208	[admission, review, and dismissal committee] shall design the
209	209	program to:
210	210	(1) enable the student to attain a standard of annual
211	211	growth on the basis of the student's individualized education
212	212	program; and
213	213	(2) if applicable, carry out the purposes of Section
214	214	28.0211.
215	215	SECTION 10. Sections 28.025(b-11), (b-14), (c-7), and
216	216	(c-8), Education Code, are amended to read as follows:
217	217	(b-11) In adopting rules under Subsection (b-1), the State
218	218	Board of Education shall allow a student who is unable to
219	219	participate in physical activity due to disability or illness to
220	220	substitute one credit in English language arts, mathematics,
221	221	science, or social studies, one credit in a course that is offered
222	222	for credit as provided by Section 28.002(g-1), or one academic
223	223	elective credit for the physical education credit required under
224	224	Subsection (b-1)(8). A credit allowed to be substituted under this
225	225	subsection may not also be used by the student to satisfy a
226	226	graduation requirement other than completion of the physical
227	227	education credit. The rules must provide that the determination
228	228	regarding a student's ability to participate in physical activity
229	229	will be made by:
230	230	(1) if the student receives special education services
231	231	under Subchapter A, Chapter 29, the student's individualized
232	232	education program team [admission, review, and dismissal
233	233	committee];
234	234	(2) if the student does not receive special education
235	235	services under Subchapter A, Chapter 29, but is covered by Section
236	236	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
237	237	committee established for the student under that Act; or
238	238	(3) if a team or a committee [each of the committees]
239	239	described by Subdivision [Subdivisions] (1) or [and] (2) is
240	240	inapplicable, a committee established by the school district of
241	241	persons with appropriate knowledge regarding the student.
242	242	(b-14) In adopting rules under Subsection (b-1), the State
243	243	Board of Education shall allow a student who, due to disability, is
244	244	unable to complete two courses in the same language in a language
245	245	other than English, as provided under Subsection (b-1)(5), to
246	246	substitute for those credits two credits in English language arts,
247	247	mathematics, science, or social studies or two credits in career
248	248	and technology education, technology applications, or other
249	249	academic electives. A credit allowed to be substituted under this
250	250	subsection may not also be used by the student to satisfy a
251	251	graduation credit requirement other than credit for completion of a
252	252	language other than English. The rules must provide that the
253	253	determination regarding a student's ability to participate in
254	254	language-other-than-English courses will be made by:
255	255	(1) if the student receives special education services
256	256	under Subchapter A, Chapter 29, the student's individualized
257	257	education program team [admission, review, and dismissal
258	258	committee]; or
259	259	(2) if the student does not receive special education
260	260	services under Subchapter A, Chapter 29, but is covered by Section
261	261	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
262	262	committee established for the student under that Act.
263	263	(c-7) Subject to Subsection (c-8), a student who is enrolled
264	264	in a special education program under Subchapter A, Chapter 29, may
265	265	earn an endorsement on the student's transcript by:
266	266	(1) successfully completing, with or without
267	267	modification of the curriculum:
268	268	(A) the curriculum requirements identified by
269	269	the State Board of Education under Subsection (a); and
270	270	(B) the additional endorsement curriculum
271	271	requirements prescribed by the State Board of Education under
272	272	Subsection (c-2); and
273	273	(2) successfully completing all curriculum
274	274	requirements for that endorsement adopted by the State Board of
275	275	Education:
276	276	(A) without modification of the curriculum; or
277	277	(B) with modification of the curriculum,
278	278	provided that the curriculum, as modified, is sufficiently rigorous
279	279	as determined by the student's individualized education program
280	280	team [admission, review, and dismissal committee].
281	281	(c-8) For purposes of Subsection (c-7), the individualized
282	282	education program team [admission, review, and dismissal
283	283	committee] of a student in a special education program under
284	284	Subchapter A, Chapter 29, shall determine whether the student is
285	285	required to achieve satisfactory performance on an end-of-course
286	286	assessment instrument to earn an endorsement on the student's
287	287	transcript.
288	288	SECTION 11. Section 29.001, Education Code, is amended to
289	289	read as follows:
290	290	Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
291	291	modify as necessary, a statewide design, consistent with federal
292	292	law, for the delivery of services to children with disabilities in
293	293	this state that includes rules for the administration and funding
294	294	of the special education program so that a free appropriate public
295	295	education is available to all of those children between the ages of
296	296	three and 21. The statewide design shall include the provision of
297	297	services primarily through school districts and shared services
298	298	arrangements, supplemented by regional education service centers.
299	299	The agency shall also develop and implement a statewide plan with
300	300	programmatic content that includes procedures designed to:
301	301	(1) ensure state compliance with requirements for
302	302	supplemental federal funding for all state-administered programs
303	303	involving the delivery of instructional or related services to
304	304	students with disabilities;
305	305	(2) facilitate interagency coordination when other
306	306	state agencies are involved in the delivery of instructional or
307	307	related services to students with disabilities;
308	308	(3) periodically assess statewide personnel needs in
309	309	all areas of specialization related to special education and pursue
310	310	strategies to meet those needs through a consortium of
311	311	representatives from regional education service centers, local
312	312	education agencies, and institutions of higher education and
313	313	through other available alternatives;
314	314	(4) ensure that regional education service centers
315	315	throughout the state maintain a regional support function, which
316	316	may include direct service delivery and a component designed to
317	317	facilitate the placement of students with disabilities who cannot
318	318	be appropriately served in their resident districts;
319	319	(5) allow the agency to effectively monitor and
320	320	periodically conduct site visits of all school districts to ensure
321	321	that rules adopted under this section are applied in a consistent
322	322	and uniform manner, to ensure that districts are complying with
323	323	those rules, and to ensure that annual statistical reports filed by
324	324	the districts and not otherwise available through the Public
325	325	Education Information Management System under Sections 48.008 and
326	326	48.009 are accurate and complete;
327	327	(6) ensure that appropriately trained personnel are
328	328	involved in the diagnostic and evaluative procedures operating in
329	329	all districts and that those personnel routinely serve on district
330	330	individualized education program teams [admissions, review, and
331	331	dismissal committees];
332	332	(7) ensure that an individualized education program
333	333	for each student with a disability is properly developed,
334	334	implemented, and maintained in the least restrictive environment
335	335	that is appropriate to meet the student's educational needs;
336	336	(8) ensure that, when appropriate, each student with a
337	337	disability is provided an opportunity to participate in career and
338	338	technology and physical education classes, in addition to
339	339	participating in regular or special classes;
340	340	(9) ensure that each student with a disability is
341	341	provided necessary related services;
342	342	(10) ensure that an individual assigned to act as a
343	343	surrogate parent for a child with a disability, as provided by 20
344	344	U.S.C. Section 1415(b), is required to:
345	345	(A) complete a training program that complies
346	346	with minimum standards established by agency rule;
347	347	(B) visit the child and the child's school;
348	348	(C) consult with persons involved in the child's
349	349	education, including teachers, caseworkers, court-appointed
350	350	volunteers, guardians ad litem, attorneys ad litem, foster parents,
351	351	and caretakers;
352	352	(D) review the child's educational records;
353	353	(E) attend meetings of the child's
354	354	individualized education program team [admission, review, and
355	355	dismissal committee];
356	356	(F) exercise independent judgment in pursuing
357	357	the child's interests; and
358	358	(G) exercise the child's due process rights under
359	359	applicable state and federal law; and
360	360	(11) ensure that each district develops a process to
361	361	be used by a teacher who instructs a student with a disability in a
362	362	regular classroom setting:
363	363	(A) to request a review of the student's
364	364	individualized education program;
365	365	(B) to provide input in the development of the
366	366	student's individualized education program;
367	367	(C) that provides for a timely district response
368	368	to the teacher's request; and
369	369	(D) that provides for notification to the
370	370	student's parent or legal guardian of that response.
371	371	SECTION 12. Section 29.003, Education Code, is amended by
372	372	amending Subsection (b) and adding Subsection (c) to read as
373	373	follows:
374	374	(b) A student is eligible to participate in a school
375	375	district's special education program if the student:
376	376	(1) is not more than 21 years of age and has a visual or
377	377	auditory impairment that prevents the student from being adequately
378	378	or safely educated in public school without the provision of
379	379	special services; or
380	380	(2) is at least three but not more than 21 years of age
381	381	and has one or more of the following disabilities that prevents the
382	382	student from being adequately or safely educated in public school
383	383	without the provision of special services:
384	384	(A) physical disability;
385	385	(B) intellectual or developmental disability;
386	386	(C) emotional dysregulation [disturbance];
387	387	(D) learning disability;
388	388	(E) autism;
389	389	(F) speech disability; or
390	390	(G) traumatic brain injury.
391	391	(c) In this section, "emotional dysregulation" has the
392	392	meaning assigned to the term "emotional disturbance" by 34 C.F.R.
393	393	Section 300.8(c)(4).
394	394	SECTION 13. Section 29.004(a-1), Education Code, is amended
395	395	to read as follows:
396	396	(a-1) If a school district receives written consent signed
397	397	by a student's parent or legal guardian for a full individual and
398	398	initial evaluation of a student at least 35 but less than 45 school
399	399	days before the last instructional day of the school year, the
400	400	evaluation must be completed and the written report of the
401	401	evaluation must be provided to the parent or legal guardian not
402	402	later than June 30 of that year. The student's individualized
403	403	education program team [admission, review, and dismissal
404	404	committee] shall meet not later than the 15th school day of the
405	405	following school year to consider the evaluation. If a district
406	406	receives written consent signed by a student's parent or legal
407	407	guardian less than 35 school days before the last instructional day
408	408	of the school year or if the district receives the written consent
409	409	at least 35 but less than 45 school days before the last
410	410	instructional day of the school year but the student is absent from
411	411	school during that period on three or more days, Subsection (a)(1)
412	412	applies to the date the written report of the full individual and
413	413	initial evaluation is required.
414	414	SECTION 14. Sections 29.005(a), (b), (b-1), (c), (g), and
415	415	(h), Education Code, are amended to read as follows:
416	416	(a) Before a child is enrolled in a special education
417	417	program of a school district, the district shall establish an
418	418	individualized education program team [a committee] composed of the
419	419	persons required under 20 U.S.C. Section 1414(d) to develop the
420	420	child's individualized education program. If a team [committee] is
421	421	required to include a regular education teacher, the regular
422	422	education teacher included must, to the extent practicable, be a
423	423	teacher who is responsible for implementing a portion of the
424	424	child's individualized education program.
425	425	(b) The individualized education program team [committee]
426	426	shall develop the individualized education program by agreement of
427	427	the team [committee] members or, if those persons cannot agree, by
428	428	an alternate method provided by the agency. Majority vote may not be
429	429	used to determine the individualized education program.
430	430	(b-1) The written statement of the individualized education
431	431	program must document the decisions of the individualized education
432	432	program team [committee] with respect to issues discussed at each
433	433	team [committee] meeting. The written statement must include:
434	434	(1) the date of the meeting;
435	435	(2) the name, position, and signature of each member
436	436	participating in the meeting; and
437	437	(3) an indication of whether the child's parents, the
438	438	adult student, if applicable, and the administrator agreed or
439	439	disagreed with the decisions of the team [committee].
440	440	(c) If the individualized education program is not
441	441	developed by agreement, the written statement of the program
442	442	required under 20 U.S.C. Section 1414(d) must include the basis of
443	443	the disagreement. Each member of the individualized education
444	444	program team [committee] who disagrees with the individualized
445	445	education program developed by the team [committee] is entitled to
446	446	include a statement of disagreement in the written statement of the
447	447	program.
448	448	(g) The individualized education program team [committee]
449	449	may determine that a behavior improvement plan or a behavioral
450	450	intervention plan is appropriate for a student for whom the team
451	451	[committee] has developed an individualized education program. If
452	452	the team [committee] makes that determination, the behavior
453	453	improvement plan or the behavioral intervention plan shall be
454	454	included as part of the student's individualized education program
455	455	and provided to each teacher with responsibility for educating the
456	456	student.
457	457	(h) If a behavior improvement plan or a behavioral
458	458	intervention plan is included as part of a student's individualized
459	459	education program under Subsection (g), the individualized
460	460	education program team [committee] shall review the plan at least
461	461	annually and more frequently if appropriate to address:
462	462	(1) changes in a student's circumstances that may
463	463	impact the student's behavior, such as:
464	464	(A) the placement of the student in a different
465	465	educational setting;
466	466	(B) an increase or persistence in disciplinary
467	467	actions taken regarding the student for similar types of behavioral
468	468	incidents;
469	469	(C) a pattern of unexcused absences; or
470	470	(D) an unauthorized unsupervised departure from
471	471	an educational setting; or
472	472	(2) the safety of the student or others.
473	473	SECTION 15. Section 29.008(c), Education Code, is amended
474	474	to read as follows:
475	475	(c) When a student, including one for whom the state is
476	476	managing conservator, is placed primarily for care or treatment
477	477	reasons in a private residential facility that operates its own
478	478	private education program, none of the costs may be paid from public
479	479	education funds. If a residential placement primarily for care or
480	480	treatment reasons involves a private residential facility in which
481	481	the education program is provided by the school district, the
482	482	portion of the costs that includes appropriate education services,
483	483	as determined by the individualized education program team [the
484	484	school district's admission, review, and dismissal committee],
485	485	shall be paid from state and federal education funds.
486	486	SECTION 16. Sections 29.011(a) and (a-1), Education Code,
487	487	are amended to read as follows:
488	488	(a) The commissioner shall by rule adopt procedures for
489	489	compliance with federal requirements relating to transition
490	490	services for students who are enrolled in special education
491	491	programs under this subchapter. The procedures must specify the
492	492	manner in which a student's individualized education program team
493	493	[admission, review, and dismissal committee] must consider, and if
494	494	appropriate, address the following issues in the student's
495	495	individualized education program:
496	496	(1) appropriate student involvement in the student's
497	497	transition to life outside the public school system;
498	498	(2) if the student is younger than 18 years of age,
499	499	appropriate involvement in the student's transition by the
500	500	student's parents and other persons invited to participate by:
501	501	(A) the student's parents; or
502	502	(B) the school district in which the student is
503	503	enrolled;
504	504	(3) if the student is at least 18 years of age,
505	505	involvement in the student's transition and future by the student's
506	506	parents and other persons, if the parent or other person:
507	507	(A) is invited to participate by the student or
508	508	the school district in which the student is enrolled; or
509	509	(B) has the student's consent to participate
510	510	pursuant to a supported decision-making agreement under Chapter
511	511	1357, Estates Code;
512	512	(4) appropriate postsecondary education options,
513	513	including preparation for postsecondary-level coursework;
514	514	(5) an appropriate functional vocational evaluation;
515	515	(6) appropriate employment goals and objectives;
516	516	(7) if the student is at least 18 years of age, the
517	517	availability of age-appropriate instructional environments,
518	518	including community settings or environments that prepare the
519	519	student for postsecondary education or training, competitive
520	520	integrated employment, or independent living, in coordination with
521	521	the student's transition goals and objectives;
522	522	(8) appropriate independent living goals and
523	523	objectives;
524	524	(9) appropriate circumstances for facilitating a
525	525	referral of a student or the student's parents to a governmental
526	526	agency for services or public benefits, including a referral to a
527	527	governmental agency to place the student on a waiting list for
528	528	public benefits available to the student, such as a waiver program
529	529	established under Section 1915(c), Social Security Act (42 U.S.C.
530	530	Section 1396n(c)); and
531	531	(10) the use and availability of appropriate:
532	532	(A) supplementary aids, services, curricula, and
533	533	other opportunities to assist the student in developing
534	534	decision-making skills; and
535	535	(B) supports and services to foster the student's
536	536	independence and self-determination, including a supported
537	537	decision-making agreement under Chapter 1357, Estates Code.
538	538	(a-1) A student's individualized education program team
539	539	[admission, review, and dismissal committee] shall annually review
540	540	the issues described by Subsection (a) and, if necessary, update
541	541	the portions of the student's individualized education program that
542	542	address those issues.
543	543	SECTION 17. Section 29.0112(e), Education Code, is amended
544	544	to read as follows:
545	545	(e) A school district shall:
546	546	(1) post the transition and employment guide on the
547	547	district's website if the district maintains a website;
548	548	(2) provide written information and, if necessary,
549	549	assistance to a student or parent regarding how to access the
550	550	electronic version of the guide at:
551	551	(A) the first meeting of the student's
552	552	individualized education program team [admission, review, and
553	553	dismissal committee] at which transition is discussed; and
554	554	(B) the first team [committee] meeting at which
555	555	transition is discussed that occurs after the date on which the
556	556	guide is updated; and
557	557	(3) on request, provide a printed copy of the guide to
558	558	a student or parent.
559	559	SECTION 18. Section 29.015(b), Education Code, is amended
560	560	to read as follows:
561	561	(b) A foster parent who will act as a parent of a child with
562	562	a disability as provided by Subsection (a) must complete a training
563	563	program before the next scheduled individualized education program
564	564	team [admission, review, and dismissal committee] meeting for the
565	565	child but not later than the 90th day after the date the foster
566	566	parent begins acting as the parent for the purpose of making special
567	567	education decisions.
568	568	SECTION 19. Section 29.0151(d), Education Code, is amended
569	569	to read as follows:
570	570	(d) A surrogate parent appointed by a district must:
571	571	(1) be willing to serve in that capacity;
572	572	(2) exercise independent judgment in pursuing the
573	573	child's interests;
574	574	(3) ensure that the child's due process rights under
575	575	applicable state and federal laws are not violated;
576	576	(4) complete a training program that complies with
577	577	minimum standards established by agency rule within the time
578	578	specified in Section 29.015(b);
579	579	(5) visit the child and the school where the child is
580	580	enrolled;
581	581	(6) review the child's educational records;
582	582	(7) consult with any person involved in the child's
583	583	education, including the child's:
584	584	(A) teachers;
585	585	(B) caseworkers;
586	586	(C) court-appointed volunteers;
587	587	(D) guardian ad litem;
588	588	(E) attorney ad litem;
589	589	(F) foster parent; and
590	590	(G) caregiver; and
591	591	(8) attend meetings of the child's individualized
592	592	education program team [admission, review, and dismissal
593	593	committee].
594	594	SECTION 20. Section 29.019(e), Education Code, is amended
595	595	to read as follows:
596	596	(e) Nothing in this section prohibits a school district from
597	597	using individualized education program facilitation as the
598	598	district's preferred method of conducting initial and annual
599	599	individualized education program team [admission, review, and
600	600	dismissal committee] meetings.
601	601	SECTION 21. Section 29.020(a), Education Code, is amended
602	602	to read as follows:
603	603	(a) The agency shall develop rules in accordance with this
604	604	section applicable to the administration of a state individualized
605	605	education program facilitation project. The program shall include
606	606	the provision of an independent individualized education program
607	607	facilitator to facilitate an individualized education program team
608	608	[admission, review, and dismissal committee] meeting with parties
609	609	who are in a dispute about decisions relating to the provision of a
610	610	free appropriate public education to a student with a disability.
611	611	Facilitation implemented under the project must comply with rules
612	612	developed under this subsection.
613	613	SECTION 22. Section 29.022(l), Education Code, is amended
614	614	to read as follows:
615	615	(l) A school district or open-enrollment charter school
616	616	policy relating to the placement, operation, or maintenance of
617	617	video cameras under this section must:
618	618	(1) include information on how a person may appeal an
619	619	action by the district or school that the person believes to be in
620	620	violation of this section or a policy adopted in accordance with
621	621	this section, including the appeals process under Section 7.057;
622	622	(2) require that the district or school provide a
623	623	response to a request made under this section not later than the
624	624	seventh school business day after receipt of the request by the
625	625	person to whom it must be submitted under Subsection (a-3) that
626	626	authorizes the request or states the reason for denying the
627	627	request;
628	628	(3) except as provided by Subdivision (5), require
629	629	that a school or a campus begin operation of a video camera in
630	630	compliance with this section not later than the 45th school
631	631	business day, or the first school day after the 45th school business
632	632	day if that day is not a school day, after the request is authorized
633	633	unless the agency grants an extension of time;
634	634	(4) permit the parent of a student whose
635	635	individualized education program team [admission, review, and
636	636	dismissal committee] has determined that the student's placement
637	637	for the following school year will be in a classroom or other
638	638	special education setting in which a video camera may be placed
639	639	under this section to make a request for the video camera by the
640	640	later of:
641	641	(A) the date on which the current school year
642	642	ends; or
643	643	(B) the 10th school business day after the date
644	644	of the placement determination by the individualized education
645	645	program team [admission, review, and dismissal committee]; and
646	646	(5) if a request is made by a parent in compliance with
647	647	Subdivision (4), unless the agency grants an extension of time,
648	648	require that a school or campus begin operation of a video camera in
649	649	compliance with this section not later than the later of:
650	650	(A) the 10th school day of the fall semester; or
651	651	(B) the 45th school business day, or the first
652	652	school day after the 45th school business day if that day is not a
653	653	school day, after the date the request is made.
654	654	SECTION 23. Section 29.026(d), Education Code, is amended
655	655	to read as follows:
656	656	(d) A school district or open-enrollment charter school may
657	657	not:
658	658	(1) charge a fee for the program, other than those
659	659	authorized by law for students in public schools;
660	660	(2) require a parent to enroll a child in the program;
661	661	(3) allow an individualized education program team
662	662	[admission, review, and dismissal committee] to place a student in
663	663	the program without the written consent of the student's parent or
664	664	guardian; or
665	665	(4) continue the placement of a student in the program
666	666	after the student's parent or guardian revokes consent, in writing,
667	667	to the student's placement in the program.
668	668	SECTION 24. Section 29.048, Education Code, is amended to
669	669	read as follows:
670	670	Sec. 29.048. INDIVIDUALIZED EDUCATION PROGRAM TEAM
671	671	[ADMISSION, REVIEW, AND DISMISSAL COMMITTEE] DUTIES. (a) A
672	672	student's individualized education program team [admission,
673	673	review, and dismissal committee] shall develop a student's
674	674	individualized education program under Section 29.005, in
675	675	compliance with the Individuals with Disabilities Education Act (20
676	676	U.S.C. Section 1400 et seq.), without consideration of any
677	677	supplemental special education services that may be provided under
678	678	the program under this subchapter.
679	679	(b) The individualized education program team [admission,
680	680	review, and dismissal committee] of a student approved for
681	681	participation in the program shall provide to the student's parent
682	682	at an individualized education program team [admission, review, and
683	683	dismissal committee] meeting for the student:
684	684	(1) information regarding the types of supplemental
685	685	special education services available under the program and provided
686	686	by agency-approved providers for which an account maintained under
687	687	Section 29.042(b) for the student may be used; and
688	688	(2) instructions regarding accessing an account
689	689	described by Subdivision (1).
690	690	SECTION 25. Section 29.305, Education Code, is amended to
691	691	read as follows:
692	692	Sec. 29.305. LANGUAGE MODE PEERS. If practicable and not in
693	693	conflict with any individualized education program team
694	694	[admission, review, and dismissal committee] recommendations, a
695	695	student who is deaf or hard of hearing must have an education in the
696	696	company of a sufficient number of peers using the same language mode
697	697	and with whom the student can communicate directly. If practicable,
698	698	the peers must be of the same or approximately the same age and
699	699	ability.
700	700	SECTION 26. Section 29.312, Education Code, is amended to
701	701	read as follows:
702	702	Sec. 29.312. PSYCHOLOGICAL COUNSELING SERVICES.
703	703	Appropriate psychological counseling services for a student who is
704	704	deaf or hard of hearing shall be made available at the student's
705	705	school site in the student's primary mode of communication. In the
706	706	case of a student who is hard of hearing, appropriate auditory
707	707	systems to enhance oral communication shall be used if required by
708	708	the student's individualized education program team [admission,
709	709	review, and dismissal committee].
710	710	SECTION 27. Section 29.314, Education Code, is amended to
711	711	read as follows:
712	712	Sec. 29.314. TRANSITION INTO REGULAR CLASS. In addition to
713	713	satisfying requirements of the individualized education program
714	714	team [admission, review, and dismissal committee] and to satisfying
715	715	requirements under state and federal law for vocational training,
716	716	each school district shall develop and implement a transition plan
717	717	for the transition of a student who is deaf or hard of hearing into a
718	718	regular class program if the student is to be transferred from a
719	719	special class or center or nonpublic, nonsectarian school into a
720	720	regular class in a public school for any part of the school day. The
721	721	transition plan must provide for activities:
722	722	(1) to integrate the student into the regular
723	723	education program and specify the nature of each activity and the
724	724	time spent on the activity each day; and
725	725	(2) to support the transition of the student from the
726	726	special education program into the regular education program.
727	727	SECTION 28. Section 29.453(b), Education Code, is amended
728	728	to read as follows:
729	729	(b) The educational placement of an alleged offender
730	730	resident and the educational services to be provided by a school
731	731	district to the resident shall be determined by the resident's
732	732	individualized education program team [admission, review, and
733	733	dismissal committee] consistent with federal law and regulations
734	734	regarding the placement of students with disabilities in the least
735	735	restrictive environment. The resident's individualized education
736	736	program team [admission, review, and dismissal committee] shall:
737	737	(1) inform the resident's interdisciplinary team of a
738	738	determination the resident's individualized education program team
739	739	[committee] makes in accordance with this subsection; and
740	740	(2) consult, to the extent practicable, with the
741	741	resident's interdisciplinary team concerning such a determination.
742	742	SECTION 29. Section 29.454(d), Education Code, is amended
743	743	to read as follows:
744	744	(d) Each behavior support specialist shall:
745	745	(1) ensure that each alleged offender resident
746	746	enrolled in the school district is provided behavior management
747	747	services under a school behavioral intervention plan based on the
748	748	resident's functional behavioral assessment, as described by
749	749	Subsection (c);
750	750	(2) communicate and coordinate with the resident's
751	751	interdisciplinary team to ensure that behavioral intervention
752	752	actions of the district and of the forensic state supported living
753	753	center do not conflict;
754	754	(3) in the case of a resident who regresses:
755	755	(A) ensure that necessary corrective action is
756	756	taken in the resident's individualized education program or school
757	757	behavioral intervention plan, as appropriate; and
758	758	(B) communicate with the resident's
759	759	interdisciplinary team concerning the regression and encourage the
760	760	team to aggressively address the regression;
761	761	(4) participate in the resident's individualized
762	762	education program team [admission, review, and dismissal
763	763	committee] meetings in conjunction with:
764	764	(A) developing and implementing the resident's
765	765	school behavioral intervention plan; and
766	766	(B) determining the appropriate educational
767	767	placement for each resident, considering all available academic and
768	768	behavioral information;
769	769	(5) coordinate each resident's school behavioral
770	770	intervention plan with the resident's program of active treatment
771	771	provided by the forensic state supported living center to ensure
772	772	consistency of approach and response to the resident's identified
773	773	behaviors;
774	774	(6) provide training for school district staff and, as
775	775	appropriate, state supported living center staff in implementing
776	776	behavioral intervention plans for each resident; and
777	777	(7) remain involved with the resident during the
778	778	school day.
779	779	SECTION 30. Section 29.455(a), Education Code, is amended
780	780	to read as follows:
781	781	(a) A school district in which alleged offender residents
782	782	are enrolled in school and the forensic state supported living
783	783	center shall enter into a memorandum of understanding to:
784	784	(1) establish the duties and responsibilities of the
785	785	behavior support specialist to ensure the safety of all students
786	786	and teachers while educational services are provided to a resident
787	787	at a school in the district; and
788	788	(2) ensure the provision of appropriate facilities for
789	789	providing educational services and of necessary technological
790	790	equipment if a resident's individualized education program team
791	791	[admission, review, and dismissal committee] determines that the
792	792	resident must receive educational services at the forensic state
793	793	supported living center.
794	794	SECTION 31. Sections 30.002(c) and (f), Education Code, are
795	795	amended to read as follows:
796	796	(c) The comprehensive statewide plan for the education of
797	797	children with visual impairments must:
798	798	(1) adequately provide for comprehensive diagnosis
799	799	and evaluation of each school-age child with a serious visual
800	800	impairment;
801	801	(2) include the procedures, format, and content of the
802	802	individualized education program for each child with a visual
803	803	impairment;
804	804	(3) emphasize providing educational services to
805	805	children with visual impairments in their home communities whenever
806	806	possible;
807	807	(4) include methods to ensure that children with
808	808	visual impairments receiving special education services in school
809	809	districts receive, before being placed in a classroom setting or
810	810	within a reasonable time after placement:
811	811	(A) evaluation of the impairment; and
812	812	(B) instruction in an expanded core curriculum,
813	813	which is required for students with visual impairments to succeed
814	814	in classroom settings and to derive lasting, practical benefits
815	815	from the education provided by school districts, including
816	816	instruction in:
817	817	(i) compensatory skills, such as braille
818	818	and concept development, and other skills needed to access the rest
819	819	of the curriculum;
820	820	(ii) orientation and mobility;
821	821	(iii) social interaction skills;
822	822	(iv) career planning;
823	823	(v) assistive technology, including
824	824	optical devices;
825	825	(vi) independent living skills;
826	826	(vii) recreation and leisure enjoyment;
827	827	(viii) self-determination; and
828	828	(ix) sensory efficiency;
829	829	(5) provide for flexibility on the part of school
830	830	districts to meet the special needs of children with visual
831	831	impairments through:
832	832	(A) specialty staff and resources provided by the
833	833	district;
834	834	(B) contractual arrangements with other
835	835	qualified public or private agencies;
836	836	(C) supportive assistance from regional
837	837	education service centers or adjacent school districts;
838	838	(D) short-term or long-term services through the
839	839	Texas School for the Blind and Visually Impaired or related
840	840	facilities or programs; or
841	841	(E) other instructional and service arrangements
842	842	approved by the agency;
843	843	(6) include a statewide individualized education
844	844	program [admission, review, and dismissal] process;
845	845	(7) provide for effective interaction between the
846	846	visually impaired child's classroom setting and the child's home
847	847	environment, including providing for parental training and
848	848	counseling either by school district staff or by representatives of
849	849	other organizations directly involved in the development and
850	850	implementation of the individualized education program for the
851	851	child;
852	852	(8) require the continuing education and professional
853	853	development of school district staff providing special education
854	854	services to children with visual impairments;
855	855	(9) provide for adequate monitoring and precise
856	856	evaluation of special education services provided to children with
857	857	visual impairments through school districts; and
858	858	(10) require that school districts providing special
859	859	education services to children with visual impairments develop
860	860	procedures for assuring that staff assigned to work with the
861	861	children have prompt and effective access directly to resources
862	862	available through:
863	863	(A) cooperating agencies in the area;
864	864	(B) the Texas School for the Blind and Visually
865	865	Impaired;
866	866	(C) the Central Media Depository for specialized
867	867	instructional materials and aids made specifically for use by
868	868	students with visual impairments;
869	869	(D) sheltered workshops participating in the
870	870	state program of purchases of blind-made goods and services; and
871	871	(E) related sources.
872	872	(f) In the development of the individualized education
873	873	program for a student with a visual impairment, proficiency in
874	874	reading and writing is a significant indicator of the student's
875	875	satisfactory educational progress. The individualized education
876	876	program for a student with a visual impairment must include
877	877	instruction in braille and the use of braille unless the student's
878	878	individualized education program team [admission, review, and
879	879	dismissal committee] determines and documents that braille is not
880	880	an appropriate literacy medium for the student. The team's
881	881	[committee's] determination must be based on an evaluation of the
882	882	student's appropriate literacy media and literacy skills and the
883	883	student's current and future instructional needs. Braille
884	884	instruction:
885	885	(1) may be used in combination with other special
886	886	education services appropriate to the student's educational needs;
887	887	and
888	888	(2) shall be provided by a teacher certified to teach
889	889	students with visual impairments.
890	890	SECTION 32. Section 30.021(b), Education Code, is amended
891	891	to read as follows:
892	892	(b) The school district in which a student resides is
893	893	responsible for assuring that a free appropriate public education
894	894	is provided to each district student placed in the regular school
895	895	year program of the school and that all legally required meetings
896	896	for the purpose of developing and reviewing the student's
897	897	individualized educational program are conducted. If the school
898	898	disagrees with a district's individualized education program team
899	899	[committee] recommendation that a student be evaluated for
900	900	placement, initially placed, or continued to be placed at the
901	901	school, the district or the school may seek resolution according to
902	902	a procedure established by the commissioner or through any due
903	903	process hearing to which the district or school is entitled under
904	904	the Individuals with Disabilities Education Act (20 U.S.C. Section
905	905	1400 et seq.).
906	906	SECTION 33. Section 30.057(a), Education Code, is amended
907	907	to read as follows:
908	908	(a) The Texas School for the Deaf shall provide services in
909	909	accordance with Section 30.051 to any eligible student with a
910	910	disability for whom the school is an appropriate placement if the
911	911	student has been referred for admission:
912	912	(1) by the school district in which the student
913	913	resides under the student's individualized education program;
914	914	(2) by the student's parent or legal guardian, or a
915	915	person with legal authority to act in place of the parent or legal
916	916	guardian, or the student, if the student is age 18 or older, at any
917	917	time during the school year, if the referring person chooses the
918	918	school as the appropriate placement for the student rather than the
919	919	placement in the student's local or regional program recommended
920	920	under the student's individualized education program; or
921	921	(3) by the student's parent or legal guardian through
922	922	the student's individualized education program team [admission,
923	923	review, and dismissal] or individualized family service plan
924	924	committee, as an initial referral to special education for students
925	925	who are three years of age or younger.
926	926	SECTION 34. Section 30A.007(b), Education Code, is amended
927	927	to read as follows:
928	928	(b) For purposes of a policy adopted under Subsection (a),
929	929	the determination of whether or not an electronic course will meet
930	930	the needs of a student with a disability shall be made by the
931	931	student's individualized education program team [admission,
932	932	review, and dismissal committee] in a manner consistent with state
933	933	and federal law, including the Individuals with Disabilities
934	934	Education Act (20 U.S.C. Section 1400 et seq.) and Section 504,
935	935	Rehabilitation Act of 1973 (29 U.S.C. Section 794).
936	936	SECTION 35. Section 33.081(e), Education Code, is amended
937	937	to read as follows:
938	938	(e) Suspension of a student with a disability that
939	939	significantly interferes with the student's ability to meet regular
940	940	academic standards must be based on the student's failure to meet
941	941	the requirements of the student's individualized education
942	942	program. The determination of whether a disability significantly
943	943	interferes with a student's ability to meet regular academic
944	944	standards must be made by the student's individualized education
945	945	program team [admission, review, and dismissal committee]. For
946	946	purposes of this subsection, "student with a disability" means a
947	947	student who is eligible for a district's special education program
948	948	under Section 29.003(b).
949	949	SECTION 36. Section 37.001(b-1), Education Code, is amended
950	950	to read as follows:
951	951	(b-1) The methods adopted under Subsection (a)(8) must
952	952	provide that a student who is enrolled in a special education
953	953	program under Subchapter A, Chapter 29, may not be disciplined for
954	954	conduct prohibited in accordance with Subsection (a)(7) until an
955	955	individualized education program team [admission, review, and
956	956	dismissal committee] meeting has been held to review the conduct.
957	957	SECTION 37. Section 37.0021(d), Education Code, is amended
958	958	to read as follows:
959	959	(d) The commissioner by rule shall adopt procedures for the
960	960	use of restraint and time-out by a school district employee or
961	961	volunteer or an independent contractor of a district in the case of
962	962	a student with a disability receiving special education services
963	963	under Subchapter A, Chapter 29. A procedure adopted under this
964	964	subsection must:
965	965	(1) be consistent with:
966	966	(A) professionally accepted practices and
967	967	standards of student discipline and techniques for behavior
968	968	management; and
969	969	(B) relevant health and safety standards;
970	970	(2) identify any discipline management practice or
971	971	behavior management technique that requires a district employee or
972	972	volunteer or an independent contractor of a district to be trained
973	973	before using that practice or technique; and
974	974	(3) require a school district to:
975	975	(A) provide written notification to the
976	976	student's parent or person standing in parental relation to the
977	977	student for each use of restraint that includes:
978	978	(i) the name of the student;
979	979	(ii) the name of the district employee or
980	980	volunteer or independent contractor of the district who
981	981	administered the restraint;
982	982	(iii) the date of the restraint;
983	983	(iv) the time that the restraint started
984	984	and ended;
985	985	(v) the location of the restraint;
986	986	(vi) the nature of the restraint;
987	987	(vii) a description of the activity in
988	988	which the student was engaged immediately preceding the use of the
989	989	restraint;
990	990	(viii) the behavior of the student that
991	991	prompted the restraint;
992	992	(ix) any efforts made to de-escalate the
993	993	situation and any alternatives to restraint that were attempted;
994	994	(x) if the student has a behavior
995	995	improvement plan or a behavioral intervention plan, whether the
996	996	plan may need to be revised as a result of the behavior that led to
997	997	the restraint; and
998	998	(xi) if the student does not have a behavior
999	999	improvement plan or a behavioral intervention plan, information on
1000	1000	the procedure for the student's parent or person standing in
1001	1001	parental relation to the student to request an individualized
1002	1002	education program team [admission, review, and dismissal
1003	1003	committee] meeting to discuss the possibility of conducting a
1004	1004	functional behavioral assessment of the student and developing a
1005	1005	plan for the student;
1006	1006	(B) include in a student's special education
1007	1007	eligibility school records:
1008	1008	(i) a copy of the written notification
1009	1009	provided to the student's parent or person standing in parental
1010	1010	relation to the student under Paragraph (A);
1011	1011	(ii) information on the method by which the
1012	1012	written notification was sent to the parent or person; and
1013	1013	(iii) the contact information for the
1014	1014	parent or person to whom the district sent the notification; and
1015	1015	(C) if the student has a behavior improvement
1016	1016	plan or behavioral intervention plan, document each use of time-out
1017	1017	prompted by a behavior of the student specified in the student's
1018	1018	plan, including a description of the behavior that prompted the
1019	1019	time-out.
1020	1020	SECTION 38. Sections 37.004(a) and (b), Education Code, are
1021	1021	amended to read as follows:
1022	1022	(a) The placement of a student with a disability who
1023	1023	receives special education services may be made only by a duly
1024	1024	constituted individualized education program team [admission,
1025	1025	review, and dismissal committee].
1026	1026	(b) Any disciplinary action regarding a student with a
1027	1027	disability who receives special education services that would
1028	1028	constitute a change in placement under federal law may be taken only
1029	1029	after the student's individualized education program team
1030	1030	[admission, review, and dismissal committee] conducts a
1031	1031	manifestation determination review under 20 U.S.C. Section
1032	1032	1415(k)(4) and its subsequent amendments. Any disciplinary action
1033	1033	regarding the student shall be determined in accordance with
1034	1034	federal law and regulations, including laws or regulations
1035	1035	requiring the provision of:
1036	1036	(1) functional behavioral assessments;
1037	1037	(2) positive behavioral interventions, strategies,
1038	1038	and supports;
1039	1039	(3) behavioral intervention plans; and
1040	1040	(4) the manifestation determination review.
1041	1041	SECTION 39. Section 37.105(e), Education Code, is amended
1042	1042	to read as follows:
1043	1043	(e) If a parent or guardian of a child enrolled in a school
1044	1044	district is refused entry to the district's property under this
1045	1045	section, the district shall accommodate the parent or guardian to
1046	1046	ensure that the parent or guardian may participate in the child's
1047	1047	individualized education program team [admission, review, and
1048	1048	dismissal committee] or in the child's team established under
1049	1049	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in
1050	1050	accordance with federal law.
1051	1051	SECTION 40. Section 37.307(b), Education Code, is amended
1052	1052	to read as follows:
1053	1053	(b) The review under Section 37.306 of the placement of a
1054	1054	student with a disability who receives special education services
1055	1055	may be made only by a duly constituted individualized education
1056	1056	program team [admission, review, and dismissal committee]. The
1057	1057	individualized education program team [admission, review, and
1058	1058	dismissal committee] may request that the board of trustees convene
1059	1059	a committee described by Section 37.306(a) to assist the
1060	1060	individualized education program team [admission, review, and
1061	1061	dismissal committee] in conducting the review.
1062	1062	SECTION 41. Sections 39.023(b), (c), and (d), Education
1063	1063	Code, are amended to read as follows:
1064	1064	(b) The agency shall develop or adopt appropriate
1065	1065	criterion-referenced alternative assessment instruments to be
1066	1066	administered to each student in a special education program under
1067	1067	Subchapter A, Chapter 29, for whom an assessment instrument adopted
1068	1068	under Subsection (a), even with allowable accommodations, would not
1069	1069	provide an appropriate measure of student achievement, as
1070	1070	determined by the student's individualized education program team
1071	1071	[admission, review, and dismissal committee], including assessment
1072	1072	instruments approved by the commissioner that measure growth. The
1073	1073	assessment instruments developed or adopted under this subsection,
1074	1074	including the assessment instruments approved by the commissioner,
1075	1075	must, to the extent allowed under federal law, provide a district
1076	1076	with options for the assessment of students under this subsection.
1077	1077	The agency may not adopt a performance standard that indicates that
1078	1078	a student's performance on the alternate assessment does not meet
1079	1079	standards if the lowest level of the assessment accurately
1080	1080	represents the student's developmental level as determined by the
1081	1081	student's individualized education program team [admission,
1082	1082	review, and dismissal committee].
1083	1083	(c) The agency shall also adopt end-of-course assessment
1084	1084	instruments for secondary-level courses in Algebra I, biology,
1085	1085	English I, English II, and United States history. The Algebra I
1086	1086	end-of-course assessment instrument must be administered with the
1087	1087	aid of technology, but may include one or more parts that prohibit
1088	1088	the use of technology. The English I and English II end-of-course
1089	1089	assessment instruments must each assess essential knowledge and
1090	1090	skills in both reading and writing and must provide a single score.
1091	1091	A school district shall comply with State Board of Education rules
1092	1092	regarding administration of the assessment instruments listed in
1093	1093	this subsection. If a student is in a special education program
1094	1094	under Subchapter A, Chapter 29, the student's individualized
1095	1095	education program team [admission, review, and dismissal
1096	1096	committee] shall determine whether any allowable modification is
1097	1097	necessary in administering to the student an assessment instrument
1098	1098	required under this subsection. The State Board of Education shall
1099	1099	administer the assessment instruments. An end-of-course assessment
1100	1100	instrument may be administered in multiple parts over more than one
1101	1101	day. The State Board of Education shall adopt a schedule for the
1102	1102	administration of end-of-course assessment instruments that
1103	1103	complies with the requirements of Subsection (c-3).
1104	1104	(d) The commissioner may participate in multistate efforts
1105	1105	to develop voluntary standardized end-of-course assessment
1106	1106	instruments. The commissioner by rule may require a school district
1107	1107	to administer an end-of-course assessment instrument developed
1108	1108	through the multistate efforts. The individualized education
1109	1109	program team [admission, review, and dismissal committee] of a
1110	1110	student in a special education program under Subchapter A, Chapter
1111	1111	29, shall determine whether any allowable modification is necessary
1112	1112	in administering to the student an end-of-course assessment
1113	1113	instrument.
1114	1114	SECTION 42. Section 39.025(a-4), Education Code, is amended
1115	1115	to read as follows:
1116	1116	(a-4) The individualized education program team [admission,
1117	1117	review, and dismissal committee] of a student in a special
1118	1118	education program under Subchapter A, Chapter 29, shall determine
1119	1119	whether, to receive a high school diploma, the student is required
1120	1120	to achieve satisfactory performance on end-of-course assessment
1121	1121	instruments.
1122	1122	SECTION 43. Section 661.906, Government Code, is amended to
1123	1123	read as follows:
1124	1124	Sec. 661.906. FOSTER PARENTS. A state employee who is a
1125	1125	foster parent to a child under the conservatorship of the
1126	1126	Department of Protective and Regulatory Services is entitled to a
1127	1127	leave of absence without a deduction in salary for the purpose of
1128	1128	attending:
1129	1129	(1) meetings held by the Department of Protective and
1130	1130	Regulatory Services regarding the child under the foster care of
1131	1131	the employee; or
1132	1132	(2) an individualized education program team
1133	1133	[admission, review, and dismissal] meeting held by a school
1134	1134	district regarding the child under the foster care of the employee.
1135	1135	SECTION 44. Section 29.301(1), Education Code, is repealed.
1136	1136	SECTION 45. This Act takes effect September 1, 2023.