Bill Text: TX SB1814 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to providing temporary support services for certain public school students.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-18 - Referred to Education [SB1814 Detail]
Download: Texas-2019-SB1814-Introduced.html
86R12683 TSS-F | ||
By: Huffman | S.B. No. 1814 |
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relating to providing temporary support services for certain public | ||
school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter C, Chapter 29, Education Code, is | ||
amended by adding Section 29.092 to read as follows: | ||
Sec. 29.092. TEMPORARY SUPPORT SERVICES PENDING DISABILITY | ||
DETERMINATION FOR CERTAIN STUDENTS. (a) In this section: | ||
(1) "Disability determination" means the results of a | ||
full individual and initial evaluation of a student for purposes of | ||
special education services under Section 29.004. | ||
(2) "Parent" has the meaning assigned by Section | ||
26.002. | ||
(b) The agency shall establish procedures and criteria for | ||
the provision of temporary support services, including any service | ||
or accommodation available to a student receiving special education | ||
services under Subchapter A, to eligible students pending a | ||
disability determination. | ||
(c) A student is eligible for temporary support services if | ||
a parent, classroom teacher, or other educator of the student: | ||
(1) submits a written request to the campus | ||
administrator for temporary support services pending a disability | ||
determination; and | ||
(2) submits with the request supporting | ||
documentation, including: | ||
(A) a private evaluation, an independent | ||
educational evaluation, or a speech and language assessment | ||
performed by a qualified professional; | ||
(B) a medical prescription or order, provided by | ||
a qualified health care professional; or | ||
(C) existing school documents explaining the | ||
potential need for temporary support services provided by an | ||
educator requesting temporary services. | ||
(d) A written request and supporting documentation | ||
submitted under this section is confidential and not subject to | ||
disclosure under Chapter 552, Government Code. | ||
(e) After receiving a request and appropriate supporting | ||
documentation under this section, the campus administrator shall: | ||
(1) initiate a review of existing evaluation data with | ||
parents and any qualified professionals who have provided | ||
supporting documentation or are currently providing services or | ||
support to the student; | ||
(2) provide information to the student's parent about | ||
the process for requesting a full individual and initial evaluation | ||
for purposes of special education services under Section 29.004; | ||
(3) not later than one week after receiving the | ||
request and supporting documentation, schedule temporary support | ||
services reflecting the recommendations, prescriptions, and orders | ||
in the supporting documents and provide the schedule to the | ||
student's parent, the student's classroom teachers, and appropriate | ||
district administrators and employees; and | ||
(4) not later than two weeks after receiving the | ||
request and supporting documentation, review the student's | ||
behavior, the request, and the supporting documentation, and, if | ||
appropriate, develop a temporary plan that provides interventions | ||
for educators to address problematic behavior and provide the plan | ||
to the student, the student's parent, and the student's classroom | ||
teachers. | ||
(f) The schedule of temporary services must continue | ||
without interruption until the requirements of Subsection (e) are | ||
completed, a full individual and initial evaluation under Section | ||
29.004 has been conducted, and an admission, review, and dismissal | ||
committee has met and developed an individualized education plan | ||
for the student under Section 29.005. If, after a period of time | ||
determined by the agency, the student's parent has not requested a | ||
full individual and initial evaluation, or the student is found to | ||
not have a disability or to not qualify for special education | ||
services, the temporary services may be discontinued. | ||
(g) The provision of temporary services under this section | ||
does not affect the responsibility of other agencies to provide | ||
noneducational community-based support services as necessary to | ||
enable students with disabilities to receive a free appropriate | ||
public education in the least restrictive environment. | ||
(h) The commissioner shall adopt rules to ensure that this | ||
section is administered in a manner that complies with federal law | ||
regarding confidentiality of student medical or educational | ||
information, including the Family Educational Rights and Privacy | ||
Act of 1974 (20 U.S.C. Section 1232g), and any state law relating to | ||
the privacy of student information. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the Texas Education Agency shall adopt procedures and | ||
criteria required by Section 29.092, Education Code, as added by | ||
this Act. | ||
SECTION 3. This Act applies beginning with the 2019-2020 | ||
school year. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. |