Bill Text: TX SB1153 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to parental rights and information regarding certain intervention strategies used with public school students.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Passed) 2017-06-12 - Effective immediately [SB1153 Detail]
Download: Texas-2017-SB1153-Enrolled.html
S.B. No. 1153 |
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relating to parental rights and information regarding certain | ||
intervention strategies used with public school students. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 12.104(b), Education Code, is amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) public school accountability under | ||
Subchapters B, C, D, E, F, G, and J, Chapter 39; | ||
(M) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(N) intensive programs of instruction under | ||
Section 28.0213; [ |
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(O) the right of a school employee to report a | ||
crime, as provided by Section 37.148; and | ||
(P) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d). | ||
SECTION 2. Section 26.004, Education Code, is amended to | ||
read as follows: | ||
Sec. 26.004. ACCESS TO STUDENT RECORDS. (a) In this | ||
section, "intervention strategy" means a strategy in a multi-tiered | ||
system of supports that is above the level of intervention | ||
generally used in that system with all children. The term includes | ||
response to intervention and other early intervening strategies. | ||
(b) A parent is entitled to access to all written records of | ||
a school district concerning the parent's child, including: | ||
(1) attendance records; | ||
(2) test scores; | ||
(3) grades; | ||
(4) disciplinary records; | ||
(5) counseling records; | ||
(6) psychological records; | ||
(7) applications for admission; | ||
(8) health and immunization information; | ||
(9) teacher and school counselor evaluations; [ |
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(10) reports of behavioral patterns; and | ||
(11) records relating to assistance provided for | ||
learning difficulties, including information collected regarding | ||
any intervention strategies used with the child. | ||
SECTION 3. Section 26.0081, Education Code, is amended by | ||
amending Subsection (c) and adding Subsections (d) and (e) to read | ||
as follows: | ||
(c) The agency shall produce and provide to school districts | ||
a written explanation of the options and requirements for providing | ||
assistance to students who have learning difficulties or who need | ||
or may need special education. The explanation must state that a | ||
parent is entitled at any time to request an evaluation of the | ||
parent's child for special education services under Section 29.004 | ||
or for aids, accommodations, or services under Section 504, | ||
Rehabilitation Act of 1973 (29 U.S.C. Section 794). Each school | ||
year, each district shall provide the written explanation to a | ||
parent of each district student by including the explanation in the | ||
student handbook or by another means. | ||
(d) Each school year, each school district shall notify a | ||
parent of each child, other than a child enrolled in a special | ||
education program under Subchapter A, Chapter 29, who receives | ||
assistance from the district for learning difficulties, including | ||
through the use of intervention strategies, as that term is defined | ||
by Section 26.004, that the district provides that assistance to | ||
the child. The notice must: | ||
(1) be provided when the child begins to receive the | ||
assistance for that school year; | ||
(2) be written in English or, to the extent | ||
practicable, the parent's native language; and | ||
(3) include: | ||
(A) a reasonable description of the assistance | ||
that may be provided to the child, including any intervention | ||
strategies that may be used; | ||
(B) information collected regarding any | ||
intervention in the base tier of a multi-tiered system of supports | ||
that has previously been used with the child; | ||
(C) an estimate of the duration for which the | ||
assistance, including through the use of intervention strategies, | ||
will be provided; | ||
(D) the estimated time frames within which a | ||
report on the child's progress with the assistance, including any | ||
intervention strategies used, will be provided to the parent; and | ||
(E) a copy of the explanation provided under | ||
Subsection (c). | ||
(e) The notice required under Subsection (d) may be provided | ||
to a child's parent at a meeting of the team established for the | ||
child under Section 504, Rehabilitation Act of 1973 (29 U.S.C. | ||
Section 794), if applicable. | ||
SECTION 4. Section 42.006, Education Code, is amended by | ||
adding Subsections (a-3) and (a-4) to read as follows: | ||
(a-3) The commissioner by rule shall require each school | ||
district and open-enrollment charter school to annually report | ||
through the Public Education Information Management System | ||
information regarding the total number of students, other than | ||
students described by Subsection (a-4), enrolled in the district or | ||
school with whom the district or school, as applicable, used | ||
intervention strategies, as that term is defined by Section 26.004, | ||
at any time during the year for which the report is made. The agency | ||
shall maintain the information provided in accordance with this | ||
subsection. | ||
(a-4) The commissioner by rule shall require each school | ||
district and open-enrollment charter school to annually report | ||
through the Public Education Information Management System | ||
information regarding the total number of students enrolled in the | ||
district or school to whom the district or school provided aids, | ||
accommodations, or services under Section 504, Rehabilitation Act | ||
of 1973 (29 U.S.C. Section 794), at any time during the year for | ||
which the report is made. The agency shall maintain the information | ||
provided in accordance with this subsection. | ||
SECTION 5. This Act applies beginning with the 2017-2018 | ||
school year. | ||
SECTION 6. 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 hereby certify that S.B. No. 1153 passed the Senate on | ||
April 26, 2017, by the following vote: Yeas 31, Nays 0; and that | ||
the Senate concurred in House amendment on May 26, 2017, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 1153 passed the House, with | ||
amendment, on May 19, 2017, by the following vote: Yeas 141, | ||
Nays 0, one present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |