89R3969 MEW-D
By: Menéndez S.B. No. 172
A BILL TO BE ENTITLED
AN ACT
relating to the employment of a special education liaison at public
schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.005(a), Education Code, is amended to
read as follows:
(a) Before a child is enrolled in a special education
program of a school district, the district shall establish a
committee composed of the persons required under 20 U.S.C. Section
1414(d) to develop the child's individualized education program.
If the district employs a special education liaison under Section
29.029, the special education liaison shall serve as the district's
representative on the committee. If a committee is required to
include a regular education teacher, the regular education teacher
included must, to the extent practicable, be a teacher who is
responsible for implementing a portion of the child's
individualized education program.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.029 to read as follows:
Sec. 29.029. SPECIAL EDUCATION LIAISON. (a) From money
appropriated or otherwise available for the purpose, the
commissioner shall provide money to school districts to employ one
or more educators to serve as a special education liaison for the
district.
(b) A special education liaison employed under this section
shall:
(1) perform duties concerning individualized
education programs under Section 29.005, including:
(A) serving as an expert in the development,
implementation, and assessment of individualized education
programs for students in the district;
(B) serving as the representative of the
district, as necessary, on a committee established under Section
29.005 to develop an individualized education program for a student
enrolled at the district;
(C) reviewing individualized education program
documents for compliance with federal and state laws and related
procedural guidelines;
(D) if a change in educational setting is
proposed for a student with an individualized education program
based on the student's violation of the district's student code of
conduct, conducting a manifestation determination hearing in
accordance with 20 U.S.C. Section 1415(k) to determine whether the
violation was a manifestation of the student's disability;
(E) conducting a functional behavioral
assessment and implementing a behavioral intervention plan in
accordance with 20 U.S.C. Section 1415(k) for a student:
(i) if a violation described by Paragraph
(D) is determined to be a manifestation of the student's
disability; or
(ii) on the request of a committee
established under Section 29.005; and
(F) providing general case management for
students for whom an individualized education program has been
developed;
(2) communicate verbally and in writing with campus
administrators regarding policies and procedures necessary to
ensure compliance with legal and policy requirements involving
special education programs;
(3) communicate with educators, staff, and parents of
students at district campuses to provide guidance, mentoring, and
information about special education policies and procedures;
(4) provide guidance, mentoring, and training to
special education teachers and staff in the provision of special
education services to students in accordance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
(5) become familiar with the specific duties and
responsibilities of any providers of services that are ancillary to
special education services provided by the district;
(6) provide assistance to parents of students in
special education programs in making complaints or reporting
allegations of violations of state or federal law relating to
special education programs by the district;
(7) conduct inquiries to address concerns brought by
family members of students in special education programs; and
(8) conduct home visits as necessary to maintain
quality communication between district educators and staff and
family members of students in special education programs.
(c) The commissioner may adopt rules to implement this
section.
SECTION 3. (a) As soon as practicable after the effective
date of this Act, the commissioner of education shall provide money
identified as available for purposes of Section 29.029, Education
Code, as added by this Act, to school districts and open-enrollment
charter schools.
(b) As soon as practicable after receiving money under
Subsection (a) of this section, a school district or
open-enrollment charter school shall employ a person qualified to
serve as special education liaison.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.