Bill Text: TX HB3437 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to a notice of educational rights and recovery by school districts and open-enrollment charter schools of costs for certain student evaluations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-05-12 - Returned to Local & Consent Calendars Comm. [HB3437 Detail]
Download: Texas-2017-HB3437-Comm_Sub.html
85R25895 KKA-F | |||
By: Moody | H.B. No. 3437 | ||
Substitute the following for H.B. No. 3437: | |||
By: VanDeaver | C.S.H.B. No. 3437 |
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relating to a notice of educational rights and recovery by school | ||
districts and open-enrollment charter schools of costs for certain | ||
student evaluations. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.023 to read as follows: | ||
Sec. 29.023. NOTICE OF RIGHTS; COST RECOVERY PROGRAM. (a) | ||
The agency shall develop a notice for distribution as provided by | ||
Subsection (c) and posting on the agency's Internet website that | ||
indicates: | ||
(1) the change made from 2016 to 2017 in reporting | ||
requirements for school districts and open-enrollment charter | ||
schools regarding the special education representation indicator | ||
adopted in the Performance-Based Monitoring Analysis System | ||
Manual; and | ||
(2) in plain language, the rights of a child under both | ||
federal and state law and the general process available to initiate | ||
a referral of a child for a full individual and initial evaluation | ||
under Section 29.004 to determine the child's eligibility for | ||
special education services. | ||
(b) A school district or open-enrollment charter school | ||
shall include in the notice developed by the agency under | ||
Subsection (a) information indicating where the local processes and | ||
procedures for initiating a referral for special education services | ||
eligibility evaluation may be found. | ||
(c) By a date established by the commissioner, each school | ||
district or open-enrollment charter school shall provide the notice | ||
to the parent of each child who attends school in the district or at | ||
the school at any time during the 2017-2018 school year. A school | ||
district or open-enrollment charter school shall also make the | ||
notice available on request to any person. The notice must be | ||
available in English and Spanish, and a school district or | ||
open-enrollment charter school shall make a good faith effort to | ||
provide the notice in the parent's native language if the parent's | ||
native language is a language other than English or Spanish. | ||
(d) The notice is in addition to requirements imposed by | ||
Section 26.0081. | ||
(e) Beginning with the 2017-2018 school year, from federal | ||
funds available for this purpose, the agency shall establish a | ||
reimbursement fund from which school districts and open-enrollment | ||
charter schools may apply and receive cost reimbursement if the | ||
district or school experiences a significant increase from the | ||
preceding school year in the number of full individual and initial | ||
evaluations conducted under Section 29.004. A decision by the | ||
commissioner to provide reimbursement from the fund is final and | ||
may not be appealed. | ||
(f) The commissioner may adopt rules necessary to implement | ||
this section. | ||
(g) This section expires September 1, 2021. | ||
SECTION 2. 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. |