Bill Text: TX HB1886 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to dyslexia screening and testing in public schools, the employment of dyslexia specialists by regional education service centers, the development of a list of training opportunities for educators regarding dyslexia, and transition planning for students enrolled in a special education program.

Spectrum: Slight Partisan Bill (Republican 5-2)

Status: (Passed) 2017-06-15 - Effective immediately [HB1886 Detail]

Download: Texas-2017-HB1886-Enrolled.html
 
 
  H.B. No. 1886
 
 
 
 
AN ACT
  relating to dyslexia screening and testing in public schools, the
  employment of dyslexia specialists by regional education service
  centers, the development of a list of training opportunities for
  educators regarding dyslexia, and transition planning for students
  enrolled in a special education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 8, Education Code, is
  amended by adding Section 8.061 to read as follows:
         Sec. 8.061.  DYSLEXIA SPECIALIST. Each regional education
  service center shall employ as a dyslexia specialist a person
  licensed as a dyslexia therapist under Chapter 403, Occupations
  Code, to provide school districts served by the center with support
  and resources that are necessary to assist students with dyslexia
  and the families of students with dyslexia.
         SECTION 2.  Section 29.011, Education Code, is amended to
  read as follows:
         Sec. 29.011.  TRANSITION PLANNING. (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 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 [parental] 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,
  [appropriate parental] 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 [any] postsecondary education
  options, including preparation for postsecondary-level coursework;
               (5)  an appropriate [a] 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; [and]
               (9)  appropriate circumstances for facilitating a
  referral of [referring] 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 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.
         (a-2)  The commissioner shall develop and post on the
  agency's Internet website a list of services and public benefits
  for which referral may be appropriate under Subsection (a)(9).
         (b)  The commissioner shall require each school district or
  shared services arrangement to designate at least one employee to
  serve as the district's or shared services arrangement's designee
  on transition and employment services for students enrolled in
  special education programs under this subchapter.  The
  commissioner shall develop minimum training guidelines for a
  district's or shared services arrangement's designee.  An
  individual designated under this subsection must provide
  information and resources about effective transition planning and
  services, including each issue described by Subsection (a), and
  interagency coordination to ensure that local school staff
  communicate and collaborate with:
               (1)  students enrolled in special education programs
  under this subchapter and the parents of those students; and
               (2)  as appropriate, local and regional staff of the:
                     (A)  Health and Human Services Commission;
                     (B)  Texas Workforce Commission  [Department of
  Aging and Disability Services];
                     (C)  [Department of Assistive and Rehabilitative
  Services;
                     [(D)]  Department of State Health Services; and
                     (D) [(E)]  Department of Family and Protective
  Services.
         (c)  The commissioner shall review and, if necessary, update
  the minimum training guidelines developed under Subsection (b) at
  least once every four years.  In reviewing and updating the
  guidelines, the commissioner shall solicit input from
  stakeholders.
         SECTION 3.  Sections 29.0112(b) and (e), Education Code, are
  amended to read as follows:
         (b)  The transition and employment guide must be written in
  plain language and contain information specific to this state
  regarding:
               (1)  transition services;
               (2)  employment and supported employment services;
               (3)  social security programs;
               (4)  community and long-term services and support,
  including the option to place the student on a waiting list with a
  governmental agency 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));
               (5)  postsecondary educational programs and services,
  including the inventory maintained by the Texas Higher Education
  Coordinating Board under Section 61.0663;
               (6)  information sharing with health and human services
  agencies and providers;
               (7)  guardianship and alternatives to guardianship,
  including a supported decision-making agreement under Chapter
  1357, Estates Code;
               (8)  self-advocacy, person-directed planning, and
  self-determination; and
               (9)  contact information for all relevant state
  agencies.
         (e)  A school district shall:
               (1)  post the transition and employment guide on the
  district's website if the district maintains a website; [and]
               (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 admission,
  review, and dismissal committee at which transition is discussed;
  and [or]
                     (B)  the first 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 [becomes available, if a student has already had
  an admission, review, and dismissal committee meeting discussing
  transition].
         SECTION 4.  Section 29.017, Education Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (c-1),
  (c-2), (c-3), (e), and (f) to read as follows:
         (c)  Not later than one year before the 18th birthday of a
  student with a disability, the school district at which the student
  is enrolled shall:
               (1)  provide to the student and the student's parents:
                     (A)  written notice regarding the transfer of
  rights under this section; and
                     (B)  information and resources regarding
  guardianship, alternatives to guardianship, including a supported
  decision-making agreement under Chapter 1357, Estates Code, and
  other supports and services that may enable the student to live
  independently; and
               (2)  ensure that the student's individualized education
  program includes a statement that the district provided the notice,
  information, and resources required under Subdivision (1).
         (c-1)  In accordance with 34 C.F.R. Section 300.520
  [300.517], the school district shall provide written notice to
  [notify] the student and the student's parents of the transfer of
  rights under this section. The notice must include the information
  and resources provided under Subsection (c)(1)(B).
         (c-2)  If a student with a disability or the student's parent
  requests information regarding guardianship or alternatives to
  guardianship from the school district at which the student is
  enrolled, the school district shall provide to the student or
  parent information and resources on supported decision-making
  agreements under Chapter 1357, Estates Code.
         (c-3)  The commissioner shall develop and post on the
  agency's Internet website a model form for use by school districts
  in notifying students and parents as required by Subsections (c)
  and (c-1). The form must include the information and resources
  described by Subsection (c). The commissioner shall review and
  update the form, including the information and resources, as
  necessary.
         (d)  The commissioner shall develop and post on the agency's
  Internet website the information and resources described by
  Subsections (c), (c-1), and (c-2).
         (e)  Nothing in this section prohibits a student from
  entering into a supported decision-making agreement under Chapter
  1357, Estates Code, after the transfer of rights under this
  section. 
         (f)  The commissioner shall adopt rules implementing the
  provisions of 34 C.F.R. Section 300.520(b) [300.517(b)].
         SECTION 5.  Sections 38.003(a) and (b-1), Education Code,
  are amended to read as follows:
         (a)  Students enrolling in public schools in this state shall
  be screened or tested, as appropriate, for dyslexia and related
  disorders at appropriate times in accordance with a program
  approved by the State Board of Education. The program must include
  screening at the end of the school year of each student in
  kindergarten and each student in the first grade.
         (b-1)  Unless otherwise provided by law, a student
  determined to have dyslexia during screening or testing under
  Subsection (a) or accommodated because of dyslexia may not be
  rescreened or retested for dyslexia for the purpose of reassessing
  the student's need for accommodations until the district
  reevaluates the information obtained from previous screening or
  testing of the student.
         SECTION 6.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.0032 to read as follows:
         Sec. 38.0032.  DYSLEXIA TRAINING OPPORTUNITIES. (a) The
  agency shall annually develop a list of training opportunities
  regarding dyslexia that satisfy the requirements of Section
  21.054(b). The list of training opportunities must include at
  least one opportunity that is available online.
         (b)  A training opportunity included in the list developed
  under Subsection (a) must:
               (1)  comply with the knowledge and practice standards
  of an international organization on dyslexia; and
               (2)  enable an educator to:
                     (A)  understand and recognize dyslexia; and
                     (B)  implement instruction that is systematic,
  explicit, and evidence-based to meet the educational needs of a
  student with dyslexia.
         SECTION 7.  Sections 29.011, 29.0112, and 29.017, Education
  Code, as amended by this Act, apply beginning with the 2018-2019
  school year.
         SECTION 8.  Section 38.003, Education Code, as amended by
  this Act, applies beginning with the 2017-2018 school year.
         SECTION 9.  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, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1886 was passed by the House on May
  12, 2017, by the following vote:  Yeas 140, Nays 3, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1886 on May 26, 2017, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 1886 on May 28, 2017, by the following vote:  Yeas 141,
  Nays 6, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1886 was passed by the Senate, with
  amendments, on May 24, 2017, by the following vote:  Yeas 27, Nays
  4; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  1886 on May 28, 2017, by the following vote:  Yeas 30, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
feedback