Bill Text: TX HB2890 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the terminology used to refer to an individualized education program team.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-05-10 - Returned to Local & Consent Calendars Comm. [HB2890 Detail]

Download: Texas-2019-HB2890-Introduced.html
  86R11630 GCB-F
 
  By: J. Johnson of Dallas H.B. No. 2890
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the terminology used to refer to an individualized
  education program team.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 5.001, Education Code, is amended by
  amending Subdivision (5-a) and adding Subdivision (5-b) to read as
  follows:
               (5-a)  "Individualized education program team" has the
  meaning assigned by 20 U.S.C. Section 1414(d)(1)(B).
               (5-b)  "Mental health condition" means an illness,
  disease, or disorder, other than epilepsy, dementia, substance
  abuse, or intellectual disability, that:
                     (A)  substantially impairs a person's thought,
  perception of reality, emotional process, or judgment; or
                     (B)  grossly impairs behavior as demonstrated by
  recent disturbed behavior.
         SECTION 2.  Subchapter A, Chapter 7, Education Code, is
  amended by adding Section 7.011 to read as follows:
         Sec. 7.011.  USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS
  WITH DISABILITIES EDUCATION ACT. (a)  The legislature and the Texas
  Legislative Council are directed, with respect to drafting or
  amending any new or existing statute or resolution, and the
  commissioner, the agency, and all other state agencies are
  directed, with respect to the proposing, adopting, or amending of
  new or existing rules and the producing of state agency reference
  materials or publications, including electronic media, to avoid
  using the phrases "admission, review, and dismissal committee" or
  "ARD committee."
         (b)  In enacting, revising, proposing, adopting, amending,
  or producing new or existing statutes, resolutions, rules, or state
  agency materials, the legislature, the Texas Legislative Council,
  the commissioner, the agency, and all other state agencies are
  directed to replace, as appropriate, the phrases described in
  Subsection (a) with the preferred phrases "individualized
  education program team" or "IEP team."
         (c)  A statute, resolution, or rule is not invalid solely
  because it does not employ this section's preferred phrases.
         SECTION 3.  Section 25.007(b), Education Code, is amended to
  read as follows:
         (b)  In recognition of the challenges faced by students who
  are homeless or in substitute care, the agency shall assist the
  transition of students who are homeless or in substitute care from
  one school to another by:
               (1)  ensuring that school records for a student who is
  homeless or in substitute care are transferred to the student's new
  school not later than the 10th working day after the date the
  student begins enrollment at the school;
               (2)  developing systems to ease transition of a student
  who is homeless or in substitute care during the first two weeks of
  enrollment at a new school;
               (3)  developing procedures for awarding credit,
  including partial credit if appropriate, for course work, including
  electives, completed by a student who is homeless or in substitute
  care while enrolled at another school;
               (4)  developing procedures to ensure that a new school
  relies on decisions made by the previous school regarding placement
  in courses or educational programs of a student who is homeless or
  in substitute care and places the student in comparable courses or
  educational programs at the new school, if those courses or
  programs are available;
               (5)  promoting practices that facilitate access by a
  student who is homeless or in substitute care to extracurricular
  programs, summer programs, credit transfer services, electronic
  courses provided under Chapter 30A, and after-school tutoring
  programs at nominal or no cost;
               (6)  establishing procedures to lessen the adverse
  impact of the movement of a student who is homeless or in substitute
  care to a new school;
               (7)  entering into a memorandum of understanding with
  the Department of Family and Protective Services regarding the
  exchange of information as appropriate to facilitate the transition
  of students in substitute care from one school to another;
               (8)  encouraging school districts and open-enrollment
  charter schools to provide services for a student who is homeless or
  in substitute care in transition when applying for admission to
  postsecondary study and when seeking sources of funding for
  postsecondary study;
               (9)  requiring school districts, campuses, and
  open-enrollment charter schools to accept a referral for special
  education services made for a student who is homeless or in
  substitute care by a school previously attended by the student, and
  to provide comparable services to the student during the referral
  process or until the new school develops an individualized
  education program for the student;
               (10)  requiring school districts, campuses, and
  open-enrollment charter schools to provide notice to the child's
  educational decision-maker and caseworker regarding events that
  may significantly impact the education of a child, including:
                     (A)  requests or referrals for an evaluation under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
  special education under Section 29.003;
                     (B)  individualized education program team
  [admission, review, and dismissal committee] meetings;
                     (C)  manifestation determination reviews required
  by Section 37.004(b);
                     (D)  any disciplinary actions under Chapter 37 for
  which parental notice is required;
                     (E)  citations issued for Class C misdemeanor
  offenses on school property or at school-sponsored activities;
                     (F)  reports of restraint and seclusion required
  by Section 37.0021; and
                     (G)  use of corporal punishment as provided by
  Section 37.0011;
               (11)  developing procedures for allowing a student who
  is homeless or in substitute care who was previously enrolled in a
  course required for graduation the opportunity, to the extent
  practicable, to complete the course, at no cost to the student,
  before the beginning of the next school year;
               (12)  ensuring that a student who is homeless or in
  substitute care who is not likely to receive a high school diploma
  before the fifth school year following the student's enrollment in
  grade nine, as determined by the district, has the student's course
  credit accrual and personal graduation plan reviewed;
               (13)  ensuring that a student in substitute care who is
  in grade 11 or 12 be provided information regarding tuition and fee
  exemptions under Section 54.366 for dual-credit or other courses
  provided by a public institution of higher education for which a
  high school student may earn joint high school and college credit;
               (14)  designating at least one agency employee to act
  as a liaison officer regarding educational issues related to
  students in the conservatorship of the Department of Family and
  Protective Services; and
               (15)  providing other assistance as identified by the
  agency.
         SECTION 4.  Section 25.043(h), Education Code, is amended to
  read as follows:
         (h)  This section does not affect:
               (1)  a right or obligation under Subchapter A, Chapter
  29, or under the Individuals with Disabilities Education Act (20
  U.S.C. Section 1400 et seq.) regarding the individual placement
  decisions of an individualized education program team [the school
  district admission, review, and dismissal committee]; or
               (2)  the right of a school district or teacher to remove
  a student from a classroom under Chapter 37.
         SECTION 5.  Sections 26.0081(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The agency shall produce and provide to school districts
  sufficient copies of a comprehensive, easily understood document
  that explains the process by which an individualized education
  program is developed for a student in a special education program
  and the rights and responsibilities of a parent concerning the
  process. The document must include information a parent needs to
  effectively participate in an individualized education program
  team [admission, review, and dismissal committee] meeting for the
  parent's child.
         (b)  The agency will ensure that each school district
  provides the document required under this section to the parent as
  provided by 20 U.S.C. Section 1415(b):
               (1)  as soon as practicable after a child is referred to
  determine the child's eligibility for admission into the district's
  special education program, but at least five school days before the
  date of the initial meeting of the individualized education program
  team [admission, review, and dismissal committee]; and
               (2)  at any other time on reasonable request of the
  child's parent.
         SECTION 6.  Section 28.006(g), Education Code, is amended to
  read as follows:
         (g)  A school district shall notify the parent or guardian of
  each student in kindergarten or first or second grade who is
  determined, on the basis of reading instrument results, to be at
  risk for dyslexia or other reading difficulties. The district
  shall implement an accelerated reading instruction program that
  provides reading instruction that addresses reading deficiencies
  to those students and shall determine the form, content, and timing
  of that program. The individualized education program team
  [admission, review, and dismissal committee] of a student who
  participates in a district's special education program under
  Subchapter B, Chapter 29, and who does not perform satisfactorily
  on a reading instrument under this section shall determine the
  manner in which the student will participate in an accelerated
  reading instruction program under this subsection.
         SECTION 7.  Sections 28.0211(i), (i-1), and (i-2), Education
  Code, are amended to read as follows:
         (i)  The individualized education program team [admission,
  review, and dismissal committee] of a student who participates in a
  district's special education program under Subchapter A, Chapter
  29, and who does not perform satisfactorily on an assessment
  instrument specified under Subsection (a) and administered under
  Section 39.023(a) or (b) must meet before the student is
  administered the assessment instrument for the second time.  The
  team [committee] shall determine:
               (1)  the manner in which the student will participate
  in an accelerated instruction program under this section; and
               (2)  whether the student will be promoted in accordance
  with Subsection (i-1) or retained under this section.
         (i-1)  At a meeting of the individualized education program
  team [admission, review, and dismissal committee] of a student
  under Subsection (i), the team [committee] may promote the student
  to the next grade level if the team [committee] concludes that the
  student has made sufficient progress in the measurable academic
  goals contained in the student's individualized education program
  developed under Section 29.005. A school district that promotes a
  student under this subsection is not required to provide an
  additional opportunity for the student to perform satisfactorily on
  the assessment instrument.
         (i-2)  Not later than September 1 of each school year, a
  school district must notify the parent or person standing in
  parental relation to a student enrolled in the district's special
  education program under Subchapter A, Chapter 29, of the options of
  the individualized education program team [admission, review, and
  dismissal committee] under Subsections (i) and (i-1) if the student
  does not perform satisfactorily on an assessment instrument.
         SECTION 8.  Section 28.0213(e), Education Code, is amended
  to read as follows:
         (e)  For a student in a special education program under
  Subchapter A, Chapter 29, who does not perform satisfactorily on an
  assessment instrument administered under Section 39.023(a), (b),
  or (c), the student's individualized education program team
  [admission, review, and dismissal committee] shall design the
  program to:
               (1)  enable the student to attain a standard of annual
  growth on the basis of the student's individualized education
  program; and
               (2)  if applicable, carry out the purposes of Section
  28.0211.
         SECTION 9.  Sections 28.025(b-11) and (b-14), Education
  Code, are amended to read as follows:
         (b-11)  In adopting rules under Subsection (b-1), the State
  Board of Education shall allow a student who is unable to
  participate in physical activity due to disability or illness to
  substitute one credit in English language arts, mathematics,
  science, or social studies, one credit in a course that is offered
  for credit as provided by Section 28.002(g-1), or one academic
  elective credit for the physical education credit required under
  Subsection (b-1)(8).  A credit allowed to be substituted under this
  subsection may not also be used by the student to satisfy a
  graduation requirement other than completion of the physical
  education credit.  The rules must provide that the determination
  regarding a student's ability to participate in physical activity
  will be made by:
               (1)  if the student receives special education services
  under Subchapter A, Chapter 29, the student's individualized
  education program team [admission, review, and dismissal
  committee];
               (2)  if the student does not receive special education
  services under Subchapter A, Chapter 29, but is covered by Section
  504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
  committee established for the student under that Act; or
               (3)  if a team or a committee [each of the committees]
  described by Subdivision [Subdivisions] (1) or [and] (2) is
  inapplicable, a committee established by the school district of
  persons with appropriate knowledge regarding the student.
         (b-14)  In adopting rules under Subsection (b-1), the State
  Board of Education shall allow a student who, due to disability, is
  unable to complete two courses in the same language in a language
  other than English, as provided under Subsection (b-1)(5), to
  substitute for those credits two credits in English language arts,
  mathematics, science, or social studies or two credits in career
  and technology education, technology applications, or other
  academic electives.  A credit allowed to be substituted under this
  subsection may not also be used by the student to satisfy a
  graduation credit requirement other than credit for completion of a
  language other than English.  The rules must provide that the
  determination regarding a student's ability to participate in
  language-other-than-English courses will be made by:
               (1)  if the student receives special education services
  under Subchapter A, Chapter 29, the student's individualized
  education program team [admission, review, and dismissal
  committee]; or
               (2)  if the student does not receive special education
  services under Subchapter A, Chapter 29, but is covered by Section
  504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the
  committee established for the student under that Act.
         SECTION 10.  Section 29.001, Education Code, is amended to
  read as follows:
         Sec. 29.001.  STATEWIDE PLAN.  The agency shall develop, and
  modify as necessary, a statewide design, consistent with federal
  law, for the delivery of services to children with disabilities in
  this state that includes rules for the administration and funding
  of the special education program so that a free appropriate public
  education is available to all of those children between the ages of
  three and 21.  The statewide design shall include the provision of
  services primarily through school districts and shared services
  arrangements, supplemented by regional education service
  centers.  The agency shall also develop and implement a statewide
  plan with programmatic content that includes procedures designed
  to:
               (1)  ensure state compliance with requirements for
  supplemental federal funding for all state-administered programs
  involving the delivery of instructional or related services to
  students with disabilities;
               (2)  facilitate interagency coordination when other
  state agencies are involved in the delivery of instructional or
  related services to students with disabilities;
               (3)  periodically assess statewide personnel needs in
  all areas of specialization related to special education and pursue
  strategies to meet those needs through a consortium of
  representatives from regional education service centers, local
  education agencies, and institutions of higher education and
  through other available alternatives;
               (4)  ensure that regional education service centers
  throughout the state maintain a regional support function, which
  may include direct service delivery and a component designed to
  facilitate the placement of students with disabilities who cannot
  be appropriately served in their resident districts;
               (5)  allow the agency to effectively monitor and
  periodically conduct site visits of all school districts to ensure
  that rules adopted under this section are applied in a consistent
  and uniform manner, to ensure that districts are complying with
  those rules, and to ensure that annual statistical reports filed by
  the districts and not otherwise available through the Public
  Education Information Management System under Section 42.006 are
  accurate and complete;
               (6)  ensure that appropriately trained personnel are
  involved in the diagnostic and evaluative procedures operating in
  all districts and that those personnel routinely serve on district
  individualized education program teams [admissions, review, and
  dismissal committees];
               (7)  ensure that an individualized education program
  for each student with a disability is properly developed,
  implemented, and maintained in the least restrictive environment
  that is appropriate to meet the student's educational needs;
               (8)  ensure that, when appropriate, each student with a
  disability is provided an opportunity to participate in career and
  technology and physical education classes, in addition to
  participating in regular or special classes;
               (9)  ensure that each student with a disability is
  provided necessary related services;
               (10)  ensure that an individual assigned to act as a
  surrogate parent for a child with a disability, as provided by 20
  U.S.C. Section 1415(b), is required to:
                     (A)  complete a training program that complies
  with minimum standards established by agency rule;
                     (B)  visit the child and the child's school;
                     (C)  consult with persons involved in the child's
  education, including teachers, caseworkers, court-appointed
  volunteers, guardians ad litem, attorneys ad litem, foster parents,
  and caretakers;
                     (D)  review the child's educational records;
                     (E)  attend meetings of the child's
  individualized education program team [admission, review, and
  dismissal committee];
                     (F)  exercise independent judgment in pursuing
  the child's interests; and
                     (G)  exercise the child's due process rights under
  applicable state and federal law; and
               (11)  ensure that each district develops a process to
  be used by a teacher who instructs a student with a disability in a
  regular classroom setting:
                     (A)  to request a review of the student's
  individualized education program;
                     (B)  to provide input in the development of the
  student's individualized education program;
                     (C)  that provides for a timely district response
  to the teacher's request; and
                     (D)  that provides for notification to the
  student's parent or legal guardian of that response.
         SECTION 11.  Section 29.004(a-1), Education Code, is amended
  to read as follows:
         (a-1)  If a school district receives written consent signed
  by a student's parent or legal guardian for a full individual and
  initial evaluation of a student at least 35 but less than 45 school
  days before the last instructional day of the school year, the
  evaluation must be completed and the written report of the
  evaluation must be provided to the parent or legal guardian not
  later than June 30 of that year.  The student's individualized
  education program team [admission, review, and dismissal
  committee] shall meet not later than the 15th school day of the
  following school year to consider the evaluation.  If a district
  receives written consent signed by a student's parent or legal
  guardian less than 35 school days before the last instructional day
  of the school year or if the district receives the written consent
  at least 35 but less than 45 school days before the last
  instructional day of the school year but the student is absent from
  school during that period on three or more days, Subsection (a)(1)
  applies to the date the written report of the full individual and
  initial evaluation is required.
         SECTION 12.  Section 29.008(c), Education Code, is amended
  to read as follows:
         (c)  When a student, including one for whom the state is
  managing conservator, is placed primarily for care or treatment
  reasons in a private residential facility that operates its own
  private education program, none of the costs may be paid from public
  education funds. If a residential placement primarily for care or
  treatment reasons involves a private residential facility in which
  the education program is provided by the school district, the
  portion of the costs that includes appropriate education services,
  as determined by the individualized education program team [the
  school district's admission, review, and dismissal committee],
  shall be paid from state and federal education funds.
         SECTION 13.  Sections 29.005(a), (b), (b-1), (c), and (g),
  Education Code, are amended to read as follows:
         (a)  Before a child is enrolled in a special education
  program of a school district, the district shall establish an
  individualized education program team [a committee] composed of the
  persons required under 20 U.S.C. Section 1414(d) to develop the
  child's individualized education program.  If a team [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.
         (b)  The individualized education program team [committee]
  shall develop the individualized education program by agreement of
  the team [committee] members or, if those persons cannot agree, by
  an alternate method provided by the agency. Majority vote may not
  be used to determine the individualized education program.
         (b-1)  The written statement of the individualized education
  program must document the decisions of the individualized education
  program team [committee] with respect to issues discussed at each
  team [committee] meeting.  The written statement must include:
               (1)  the date of the meeting;
               (2)  the name, position, and signature of each member
  participating in the meeting; and
               (3)  an indication of whether the child's parents, the
  adult student, if applicable, and the administrator agreed or
  disagreed with the decisions of the team [committee].
         (c)  If the individualized education program is not
  developed by agreement, the written statement of the program
  required under 20 U.S.C. Section 1414(d) must include the basis of
  the disagreement.  Each member of the individualized education
  program team [committee] who disagrees with the individualized
  education program developed by the team [committee] is entitled to
  include a statement of disagreement in the written statement of the
  program.
         (g)  The individualized education program team [committee]
  may determine that a behavior improvement plan or a behavioral
  intervention plan is appropriate for a student for whom the team
  [committee] has developed an individualized education program.  If
  the team [committee] makes that determination, the behavior
  improvement plan or the behavioral intervention plan shall be
  included as part of the student's individualized education program
  and provided to each teacher with responsibility for educating the
  student.
         SECTION 14.  Sections 29.011(a) and (a-1), Education Code,
  are amended to read as follows:
         (a)  The commissioner shall by rule adopt procedures for
  compliance with federal requirements relating to transition
  services for students who are enrolled in special education
  programs under this subchapter.  The procedures must specify the
  manner in which a student's individualized education program team
  [admission, review, and dismissal committee] must consider, and if
  appropriate, address the following issues in the student's
  individualized education program:
               (1)  appropriate student involvement in the student's
  transition to life outside the public school system;
               (2)  if the student is younger than 18 years of age,
  appropriate involvement in the student's transition by the
  student's parents and other persons invited to participate by:
                     (A)  the student's parents; or
                     (B)  the school district in which the student is
  enrolled;
               (3)  if the student is at least 18 years of age,
  involvement in the student's transition and future by the student's
  parents and other persons, if the parent or other person:
                     (A)  is invited to participate by the student or
  the school district in which the student is enrolled; or
                     (B)  has the student's consent to participate
  pursuant to a supported decision-making agreement under Chapter
  1357, Estates Code;
               (4)  appropriate postsecondary education options,
  including preparation for postsecondary-level coursework;
               (5)  an appropriate functional vocational evaluation;
               (6)  appropriate employment goals and objectives;
               (7)  if the student is at least 18 years of age, the
  availability of age-appropriate instructional environments,
  including community settings or environments that prepare the
  student for postsecondary education or training, competitive
  integrated employment, or independent living, in coordination with
  the student's transition goals and objectives;
               (8)  appropriate independent living goals and
  objectives;
               (9)  appropriate circumstances for facilitating a
  referral of a student or the student's parents to a governmental
  agency for services or public benefits, including a referral to a
  governmental agency to place the student on a waiting list for
  public benefits available to the student, such as a waiver program
  established under Section 1915(c), Social Security Act (42 U.S.C.
  Section 1396n(c)); and
               (10)  the use and availability of appropriate:
                     (A)  supplementary aids, services, curricula, and
  other opportunities to assist the student in developing
  decision-making skills; and
                     (B)  supports and services to foster the student's
  independence and self-determination, including a supported
  decision-making agreement under Chapter 1357, Estates Code.
         (a-1)  A student's individualized education program team
  [admission, review, and dismissal committee] shall annually review
  the issues described by Subsection (a) and, if necessary, update
  the portions of the student's individualized education program that
  address those issues.
         SECTION 15.  Section 29.0112(e), Education Code, is amended
  to read as follows:
         (e)  A school district shall:
               (1)  post the transition and employment guide on the
  district's website if the district maintains a website;
               (2)  provide written information and, if necessary,
  assistance to a student or parent regarding how to access the
  electronic version of the guide at:
                     (A)  the first meeting of the student's
  individualized education program team [admission, review, and
  dismissal committee] at which transition is discussed; and
                     (B)  the first team [committee] meeting at which
  transition is discussed that occurs after the date on which the
  guide is updated; and
               (3)  on request, provide a printed copy of the guide to
  a student or parent.
         SECTION 16.  Section 29.015(b), Education Code, is amended
  to read as follows:
         (b)  A foster parent who will act as a parent of a child with
  a disability as provided by Subsection (a) must complete a training
  program before the next scheduled individualized education program
  team [admission, review, and dismissal committee] meeting for the
  child but not later than the 90th day after the date the foster
  parent begins acting as the parent for the purpose of making special
  education decisions.
         SECTION 17.  Section 29.0151(d), Education Code, is amended
  to read as follows:
         (d)  A surrogate parent appointed by a district must:
               (1)  be willing to serve in that capacity;
               (2)  exercise independent judgment in pursuing the
  child's interests;
               (3)  ensure that the child's due process rights under
  applicable state and federal laws are not violated;
               (4)  complete a training program that complies with
  minimum standards established by agency rule within the time
  specified in Section 29.015(b);
               (5)  visit the child and the school where the child is
  enrolled;
               (6)  review the child's educational records;
               (7)  consult with any person involved in the child's
  education, including the child's:
                     (A)  teachers;
                     (B)  caseworkers;
                     (C)  court-appointed volunteers;
                     (D)  guardian ad litem;
                     (E)  attorney ad litem;
                     (F)  foster parent; and
                     (G)  caregiver; and
               (8)  attend meetings of the child's individualized
  education program team [admission, review, and dismissal
  committee].
         SECTION 18.  Section 29.019(e), Education Code, is amended
  to read as follows:
         (e)  Nothing in this section prohibits a school district from
  using individualized education program facilitation as the
  district's preferred method of conducting initial and annual
  individualized education program team [admission, review, and
  dismissal committee] meetings.
         SECTION 19.  Section 29.020(a), Education Code, is amended
  to read as follows:
         (a)  The agency shall develop rules in accordance with this
  section applicable to the administration of a state individualized
  education program facilitation project.  The program shall include
  the provision of an independent individualized education program
  facilitator to facilitate an individualized education program team
  [admission, review, and dismissal committee] meeting with parties
  who are in a dispute about decisions relating to the provision of a
  free appropriate public education to a student with a disability.  
  Facilitation implemented under the project must comply with rules
  developed under this subsection.
         SECTION 20.  Section 29.022(l), Education Code, is amended
  to read as follows:
         (l)  A school district or open-enrollment charter school
  policy relating to the placement, operation, or maintenance of
  video cameras under this section must:
               (1)  include information on how a person may appeal an
  action by the district or school that the person believes to be in
  violation of this section or a policy adopted in accordance with
  this section, including the appeals process under Section 7.057;
               (2)  require that the district or school provide a
  response to a request made under this section not later than the
  seventh school business day after receipt of the request by the
  person to whom it must be submitted under Subsection (a-3) that
  authorizes the request or states the reason for denying the
  request;
               (3)  except as provided by Subdivision (5), require
  that a school or a campus begin operation of a video camera in
  compliance with this section not later than the 45th school
  business day, or the first school day after the 45th school business
  day if that day is not a school day, after the request is authorized
  unless the agency grants an extension of time;
               (4)  permit the parent of a student whose
  individualized education program team [admission, review, and
  dismissal committee] has determined that the student's placement
  for the following school year will be in a classroom or other
  special education setting in which a video camera may be placed
  under this section to make a request for the video camera by the
  later of:
                     (A)  the date on which the current school year
  ends; or
                     (B)  the 10th school business day after the date
  of the placement determination by the individualized education
  program team [admission, review, and dismissal committee]; and
               (5)  if a request is made by a parent in compliance with
  Subdivision (4), unless the agency grants an extension of time,
  require that a school or campus begin operation of a video camera in
  compliance with this section not later than the later of:
                     (A)  the 10th school day of the fall semester; or
                     (B)  the 45th school business day, or the first
  school day after the 45th school business day if that day is not a
  school day, after the date the request is made.
         SECTION 21.  Section 29.026(d), Education Code, is amended
  to read as follows:
         (d)  A school district or open-enrollment charter school may
  not:
               (1)  charge a fee for the program, other than those
  authorized by law for students in public schools;
               (2)  require a parent to enroll a child in the program;
               (3)  allow an individualized education program team
  [admission, review, and dismissal committee] to place a student in
  the program without the written consent of the student's parent or
  guardian; or
               (4)  continue the placement of a student in the program
  after the student's parent or guardian revokes consent, in writing,
  to the student's placement in the program.
         SECTION 22.  Section 29.027(d), Education Code, is amended
  to read as follows:
         (d)  A school district or open-enrollment charter school may
  not:
               (1)  charge a fee for the program, other than those
  authorized by law for students in public schools;
               (2)  require a parent to enroll a child in the program;
               (3)  allow an individualized education program team
  [admission, review, and dismissal committee] to place a student in
  the program without the written consent of the student's parent or
  guardian; or
               (4)  continue the placement of a student in the program
  after the student's parent or guardian revokes consent, in writing,
  to the student's placement in the program.
         SECTION 23.  Section 29.305, Education Code, is amended to
  read as follows:
         Sec. 29.305.  LANGUAGE MODE PEERS. If practicable and not in
  conflict with any individualized education program team
  [admission, review, and dismissal committee] recommendations, a
  student who is deaf or hard of hearing must have an education in the
  company of a sufficient number of peers using the same language mode
  and with whom the student can communicate directly. If
  practicable, the peers must be of the same or approximately the same
  age and ability.
         SECTION 24.  Section 29.312, Education Code, is amended to
  read as follows:
         Sec. 29.312.  PSYCHOLOGICAL COUNSELING SERVICES.
  Appropriate psychological counseling services for a student who is
  deaf or hard of hearing shall be made available at the student's
  school site in the student's primary mode of communication. In the
  case of a student who is hard of hearing, appropriate auditory
  systems to enhance oral communication shall be used if required by
  the student's individualized education program team [admission,
  review, and dismissal committee].
         SECTION 25.  Section 29.314, Education Code, is amended to
  read as follows:
         Sec. 29.314.  TRANSITION INTO REGULAR CLASS. In addition to
  satisfying requirements of the individualized education program
  team [admission, review, and dismissal committee] and to satisfying
  requirements under state and federal law for vocational training,
  each school district shall develop and implement a transition plan
  for the transition of a student who is deaf or hard of hearing into a
  regular class program if the student is to be transferred from a
  special class or center or nonpublic, nonsectarian school into a
  regular class in a public school for any part of the school day. The
  transition plan must provide for activities:
               (1)  to integrate the student into the regular
  education program and specify the nature of each activity and the
  time spent on the activity each day; and
               (2)  to support the transition of the student from the
  special education program into the regular education program.
         SECTION 26.  Section 29.453(b), Education Code, is amended
  to read as follows:
         (b)  The educational placement of an alleged offender
  resident and the educational services to be provided by a school
  district to the resident shall be determined by the resident's
  individualized education program team [admission, review, and
  dismissal committee] consistent with federal law and regulations
  regarding the placement of students with disabilities in the least
  restrictive environment.  The resident's individualized education
  program team [admission, review, and dismissal committee] shall:
               (1)  inform the resident's interdisciplinary team of a
  determination the team [committee] makes in accordance with this
  subsection; and
               (2)  consult, to the extent practicable, with the
  resident's interdisciplinary team concerning such a determination.
         SECTION 27.  Section 29.454(d), Education Code, is amended
  to read as follows:
         (d)  Each behavior support specialist shall:
               (1)  ensure that each alleged offender resident
  enrolled in the school district is provided behavior management
  services under a school behavioral intervention plan based on the
  resident's functional behavioral assessment, as described by
  Subsection (c);
               (2)  communicate and coordinate with the resident's
  interdisciplinary team to ensure that behavioral intervention
  actions of the district and of the forensic state supported living
  center do not conflict;
               (3)  in the case of a resident who regresses:
                     (A)  ensure that necessary corrective action is
  taken in the resident's individualized education program or school
  behavioral intervention plan, as appropriate; and
                     (B)  communicate with the resident's
  interdisciplinary team concerning the regression and encourage the
  team to aggressively address the regression;
               (4)  participate in the resident's individualized
  education program team [admission, review, and dismissal
  committee] meetings in conjunction with:
                     (A)  developing and implementing the resident's
  school behavioral intervention plan; and
                     (B)  determining the appropriate educational
  placement for each resident, considering all available academic and
  behavioral information;
               (5)  coordinate each resident's school behavioral
  intervention plan with the resident's program of active treatment
  provided by the forensic state supported living center to ensure
  consistency of approach and response to the resident's identified
  behaviors;
               (6)  provide training for school district staff and, as
  appropriate, state supported living center staff in implementing
  behavioral intervention plans for each resident; and
               (7)  remain involved with the resident during the
  school day.
         SECTION 28.  Section 29.455(a), Education Code, is amended
  to read as follows:
         (a)  A school district in which alleged offender residents
  are enrolled in school and the forensic state supported living
  center shall enter into a memorandum of understanding to:
               (1)  establish the duties and responsibilities of the
  behavior support specialist to ensure the safety of all students
  and teachers while educational services are provided to a resident
  at a school in the district; and
               (2)  ensure the provision of appropriate facilities for
  providing educational services and of necessary technological
  equipment if a resident's individualized education program team
  [admission, review, and dismissal committee] determines that the
  resident must receive educational services at the forensic state
  supported living center.
         SECTION 29.  Section 30.002(c), Education Code, is amended
  to read as follows:
         (c)  The comprehensive statewide plan for the education of
  children with visual impairments must:
               (1)  adequately provide for comprehensive diagnosis
  and evaluation of each school-age child with a serious visual
  impairment;
               (2)  include the procedures, format, and content of the
  individualized education program for each child with a visual
  impairment;
               (3)  emphasize providing educational services to
  children with visual impairments in their home communities whenever
  possible;
               (4)  include methods to ensure that children with
  visual impairments receiving special education services in school
  districts receive, before being placed in a classroom setting or
  within a reasonable time after placement:
                     (A)  evaluation of the impairment; and
                     (B)  instruction in an expanded core curriculum,
  which is required for students with visual impairments to succeed
  in classroom settings and to derive lasting, practical benefits
  from the education provided by school districts, including
  instruction in:
                           (i)  compensatory skills, such as braille
  and concept development, and other skills needed to access the rest
  of the curriculum;
                           (ii)  orientation and mobility;
                           (iii)  social interaction skills;
                           (iv)  career planning;
                           (v)  assistive technology, including
  optical devices;
                           (vi)  independent living skills;
                           (vii)  recreation and leisure enjoyment;
                           (viii)  self-determination; and
                           (ix)  sensory efficiency;
               (5)  provide for flexibility on the part of school
  districts to meet the special needs of children with visual
  impairments through:
                     (A)  specialty staff and resources provided by the
  district;
                     (B)  contractual arrangements with other
  qualified public or private agencies;
                     (C)  supportive assistance from regional
  education service centers or adjacent school districts;
                     (D)  short-term or long-term services through the
  Texas School for the Blind and Visually Impaired or related
  facilities or programs; or
                     (E)  other instructional and service arrangements
  approved by the agency;
               (6)  include a statewide individualized education
  program [admission, review, and dismissal] process;
               (7)  provide for effective interaction between the
  visually impaired child's classroom setting and the child's home
  environment, including providing for parental training and
  counseling either by school district staff or by representatives of
  other organizations directly involved in the development and
  implementation of the individualized education program for the
  child;
               (8)  require the continuing education and professional
  development of school district staff providing special education
  services to children with visual impairments;
               (9)  provide for adequate monitoring and precise
  evaluation of special education services provided to children with
  visual impairments through school districts; and
               (10)  require that school districts providing special
  education services to children with visual impairments develop
  procedures for assuring that staff assigned to work with the
  children have prompt and effective access directly to resources
  available through:
                     (A)  cooperating agencies in the area;
                     (B)  the Texas School for the Blind and Visually
  Impaired;
                     (C)  the Central Media Depository for specialized
  instructional materials and aids made specifically for use by
  students with visual impairments;
                     (D)  sheltered workshops participating in the
  state program of purchases of blind-made goods and services; and
                     (E)  related sources.
         SECTION 30.  Section 30.021(b), Education Code, is amended
  to read as follows:
         (b)  The school district in which a student resides is
  responsible for assuring that a free appropriate public education
  is provided to each district student placed in the regular school
  year program of the school and that all legally required meetings
  for the purpose of developing and reviewing the student's
  individualized educational program are conducted. If the school
  disagrees with a district's individualized education program team
  [committee] recommendation that a student be evaluated for
  placement, initially placed, or continued to be placed at the
  school, the district or the school may seek resolution according to
  a procedure established by the commissioner or through any due
  process hearing to which the district or school is entitled under
  the Individuals with Disabilities Education Act (20 U.S.C. Section
  1400 et seq.).
         SECTION 31.  Section 30.057(a), Education Code, is amended
  to read as follows:
         (a)  The Texas School for the Deaf shall provide services in
  accordance with Section 30.051 to any eligible student with a
  disability for whom the school is an appropriate placement if the
  student has been referred for admission:
               (1)  by the school district in which the student
  resides under the student's individualized education program;
               (2)  by the student's parent or legal guardian, or a
  person with legal authority to act in place of the parent or legal
  guardian, or the student, if the student is age 18 or older, at any
  time during the school year, if the referring person chooses the
  school as the appropriate placement for the student rather than the
  placement in the student's local or regional program recommended
  under the student's individualized education program; or
               (3)  by the student's parent or legal guardian through
  the student's individualized education program team [admission,
  review, and dismissal] or individualized family service plan
  committee, as an initial referral to special education for students
  who are three years of age or younger.
         SECTION 32.  Section 30A.007(b), Education Code, is amended
  to read as follows:
         (b)  For purposes of a policy adopted under Subsection (a),
  the determination of whether or not an electronic course will meet
  the needs of a student with a disability shall be made by the
  student's individualized education program team [admission,
  review, and dismissal committee] in a manner consistent with state
  and federal law, including the Individuals with Disabilities
  Education Act (20 U.S.C. Section 1400 et seq.) and Section 504,
  Rehabilitation Act of 1973 (29 U.S.C. Section 794).
         SECTION 33.  Section 33.081(e), Education Code, is amended
  to read as follows:
         (e)  Suspension of a student with a disability that
  significantly interferes with the student's ability to meet regular
  academic standards must be based on the student's failure to meet
  the requirements of the student's individualized education
  program. The determination of whether a disability significantly
  interferes with a student's ability to meet regular academic
  standards must be made by the student's individualized education
  program team [admission, review, and dismissal committee]. For
  purposes of this subsection, "student with a disability" means a
  student who is eligible for a district's special education program
  under Section 29.003(b).
         SECTION 34.  Section 37.001(b-1), Education Code, is amended
  to read as follows:
         (b-1)  The methods adopted under Subsection (a)(8) must
  provide that a student who is enrolled in a special education
  program under Subchapter A, Chapter 29, may not be disciplined for
  conduct prohibited in accordance with Subsection (a)(7) until an
  individualized education program team [admission, review, and
  dismissal committee] meeting has been held to review the conduct.
         SECTION 35.  Sections 37.004(a) and (b), Education Code, are
  amended to read as follows:
         (a)  The placement of a student with a disability who
  receives special education services may be made only by a duly
  constituted individualized education program team [admission,
  review, and dismissal committee].
         (b)  Any disciplinary action regarding a student with a
  disability who receives special education services that would
  constitute a change in placement under federal law may be taken only
  after the student's individualized education program team
  [admission, review, and dismissal committee] conducts a
  manifestation determination review under 20 U.S.C. Section
  1415(k)(4) and its subsequent amendments. Any disciplinary action
  regarding the student shall be determined in accordance with
  federal law and regulations, including laws or regulations
  requiring the provision of:
               (1)  functional behavioral assessments;
               (2)  positive behavioral interventions, strategies,
  and supports;
               (3)  behavioral intervention plans; and
               (4)  the manifestation determination review.
         SECTION 36.  Section 37.105(e), Education Code, is amended
  to read as follows:
         (e)  If a parent or guardian of a child enrolled in a school
  district is refused entry to the district's property under this
  section, the district shall accommodate the parent or guardian to
  ensure that the parent or guardian may participate in the child's
  individualized education program team [admission, review, and
  dismissal committee] or in the child's team established under
  Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in
  accordance with federal law.
         SECTION 37.  Section 37.307(b), Education Code, is amended
  to read as follows:
         (b)  The review under Section 37.306 of the placement of a
  student with a disability who receives special education services
  may be made only by a duly constituted individualized education
  program team [admission, review, and dismissal committee].  The
  individualized education program team [admission, review, and
  dismissal committee] may request that the board of trustees convene
  a committee described by Section 37.306(a) to assist the
  individualized education program team [admission, review, and
  dismissal committee] in conducting the review.
         SECTION 38.  Sections 39.023(b), (c), and (d), Education
  Code, are amended to read as follows:
         (b)  The agency shall develop or adopt appropriate
  criterion-referenced alternative assessment instruments to be
  administered to each student in a special education program under
  Subchapter A, Chapter 29, for whom an assessment instrument adopted
  under Subsection (a), even with allowable accommodations, would not
  provide an appropriate measure of student achievement, as
  determined by the student's individualized education program team
  [admission, review, and dismissal committee], including assessment
  instruments approved by the commissioner that measure growth. The
  assessment instruments developed or adopted under this subsection,
  including the assessment instruments approved by the commissioner,
  must, to the extent allowed under federal law, provide a district
  with options for the assessment of students under this subsection.
  The agency may not adopt a performance standard that indicates that
  a student's performance on the alternate assessment does not meet
  standards if the lowest level of the assessment accurately
  represents the student's developmental level as determined by the
  student's individualized education program team [admission,
  review, and dismissal committee].
         (c)  The agency shall also adopt end-of-course assessment
  instruments for secondary-level courses in Algebra I, biology,
  English I, English II, and United States history.  The Algebra I
  end-of-course assessment instrument must be administered with the
  aid of technology.  The English I and English II end-of-course
  assessment instruments must each assess essential knowledge and
  skills in both reading and writing in the same assessment
  instrument and must provide a single score.  A school district
  shall comply with State Board of Education rules regarding
  administration of the assessment instruments listed in this
  subsection.  If a student is in a special education program under
  Subchapter A, Chapter 29, the student's individualized education
  program team [admission, review, and dismissal committee] shall
  determine whether any allowable modification is necessary in
  administering to the student an assessment instrument required
  under this subsection.  The State Board of Education shall
  administer the assessment instruments.  The State Board of
  Education shall adopt a schedule for the administration of
  end-of-course assessment instruments that complies with the
  requirements of Subsection (c-3).
         (d)  The commissioner may participate in multistate efforts
  to develop voluntary standardized end-of-course assessment
  instruments.  The commissioner by rule may require a school
  district to administer an end-of-course assessment instrument
  developed through the multistate efforts.  The individualized
  education program team [admission, review, and dismissal
  committee] of a student in a special education program under
  Subchapter A, Chapter 29, shall determine whether any allowable
  modification is necessary in administering to the student an
  end-of-course assessment instrument.
         SECTION 39.  Section 39.025(a-4), Education Code, is amended
  to read as follows:
         (a-4)  The individualized education program team [admission,
  review, and dismissal committee] of a student in a special
  education program under Subchapter A, Chapter 29, shall determine
  whether, to receive a high school diploma, the student is required
  to achieve satisfactory performance on end-of-course assessment
  instruments.
         SECTION 40.  Section 661.906, Government Code, is amended to
  read as follows:
         Sec. 661.906.  FOSTER PARENTS. A state employee who is a
  foster parent to a child under the conservatorship of the
  Department of Protective and Regulatory Services is entitled to a
  leave of absence without a deduction in salary for the purpose of
  attending:
               (1)  meetings held by the Department of Protective and
  Regulatory Services regarding the child under the foster care of
  the employee; or
               (2)  an individualized education program team
  [admission, review, and dismissal] meeting held by a school
  district regarding the child under the foster care of the employee.
         SECTION 41.  Section 29.301(1), Education Code, is repealed.
         SECTION 42.  This Act takes effect September 1, 2019.
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