Bill Text: TX SB1881 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the appointment of foster parents and other qualified persons to serve as educational decision-makers for certain children in the conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-05-18 - Not again placed on intent calendar [SB1881 Detail]
Download: Texas-2017-SB1881-Comm_Sub.html
By: Menéndez | S.B. No. 1881 | |
(In the Senate - Filed March 10, 2017; March 23, 2017, read | ||
first time and referred to Committee on Health & Human Services; | ||
May 1, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; May 1, 2017, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1881 | By: Uresti |
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relating to the appointment of foster parents and other qualified | ||
persons to serve as educational decision-makers for certain | ||
children in the conservatorship of the Department of Family and | ||
Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.002, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.002. DEFINITIONS [ |
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(1) "Parent" has the meaning assigned by the | ||
Individuals with Disabilities Education Act (20 U.S.C. Section | ||
1401(23)). | ||
(2) "Special[ |
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(A) [ |
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may be provided by professional and supported by paraprofessional | ||
personnel in the regular classroom or in an instructional | ||
arrangement described by Section 42.151; and | ||
(B) [ |
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developmental, corrective, supportive, or evaluative services, not | ||
instructional in nature, that may be required for the student to | ||
benefit from special education instruction and for implementation | ||
of a student's individualized education program. | ||
SECTION 2. Section 29.015, Education Code, is amended to | ||
read as follows: | ||
Sec. 29.015. SPECIAL EDUCATION DECISION-MAKING FOR | ||
CHILDREN IN FOSTER CARE [ |
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disability, as authorized under 20 U.S.C. Section 1415(b) and its | ||
subsequent amendments, if: | ||
(1) the Department of Family and Protective [ |
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managing conservator of the child; | ||
(2) the rights and duties of the department to make | ||
decisions regarding special education provided to the child under | ||
Section 153.371, Family Code, have not been limited by court order | ||
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(3) the foster parent agrees to: | ||
(A) participate in making special education | ||
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(B) complete a training program [ |
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rule[ |
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(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 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 education decisions. | ||
(b-1) A school district may not require a foster parent to | ||
retake a training program to continue serving as a child's parent or | ||
to serve as the surrogate parent for another child if the foster | ||
parent has completed a training program to act as a parent of a | ||
child with a disability provided by: | ||
(1) the Department of Family and Protective Services; | ||
(2) a school district; | ||
(3) an education service center; or | ||
(4) any other entity that receives federal funds to | ||
provide special education training to parents. | ||
(c) A foster parent who is denied the right to act as a | ||
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district may file a complaint with the agency in accordance with | ||
federal law and regulations. | ||
(d) Not later than the fifth day after the date a child with | ||
a disability is enrolled in a school, the Department of Family and | ||
Protective Services must inform the appropriate school district if | ||
the child's foster parent is unwilling or unable to serve as a | ||
parent for the purposes of this subchapter. | ||
SECTION 3. Subchapter A, Chapter 29, Education Code, is | ||
amended by adding Section 29.0151 to read as follows: | ||
Sec. 29.0151. APPOINTMENT OF SURROGATE PARENT FOR CERTAIN | ||
CHILDREN. (a) This section applies to a child with a disability | ||
for whom: | ||
(1) the Department of Family and Protective Services | ||
is appointed as the temporary or permanent managing conservator of | ||
the child; and | ||
(2) the rights and duties of the department to make | ||
decisions regarding the child's education under Section 153.371, | ||
Family Code, have not been limited by court order. | ||
(b) Except as provided by Section 263.0025, Family Code, a | ||
school district must appoint an individual to serve as the | ||
surrogate parent for a child if: | ||
(1) the district is unable to identify or locate a | ||
parent for a child with a disability; or | ||
(2) the foster parent of a child is unwilling or unable | ||
to serve as a parent for the purposes of this subchapter. | ||
(c) A surrogate parent appointed by a school district may | ||
not: | ||
(1) be an employee of the state, the school district, | ||
or any other agency involved in the education or care of the child; | ||
or | ||
(2) have any interest that conflicts with the | ||
interests of the child. | ||
(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 admission, review, | ||
and dismissal committee. | ||
(e) The district may appoint a person who has been appointed | ||
to serve as a child's guardian ad litem or as a court-certified | ||
volunteer advocate, as provided under Section 107.031(c), Family | ||
Code, as the child's surrogate parent. | ||
(f) If a court appoints a surrogate parent for a child with a | ||
disability under Section 263.0025, Family Code, and the school | ||
district determines that the surrogate parent is failing to perform | ||
or is not properly performing the duties listed under Subsection | ||
(d), the district shall consult with the Department of Family and | ||
Protective Services and appoint another person to serve as the | ||
surrogate parent for the child. | ||
(g) On receiving notice from a school district under | ||
Subsection (f), the Department of Family and Protective Services | ||
must promptly notify the court of the failure of the appointed | ||
surrogate parent to properly perform the duties required under this | ||
section. | ||
SECTION 4. Section 107.031(c), Family Code, is amended to | ||
read as follows: | ||
(c) A court-certified volunteer advocate appointed under | ||
this section may be assigned to act as a surrogate parent for the | ||
child, as provided by 20 U.S.C. Section 1415(b), if: | ||
(1) the child is in the conservatorship of the | ||
Department of Family and Protective Services; | ||
(2) the volunteer advocate is serving as guardian ad | ||
litem for the child; [ |
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(3) a foster parent of the child is not acting as the | ||
child's parent under Section 29.015, Education Code; and | ||
(4) the volunteer advocate completes a training | ||
program for surrogate parents that complies with minimum standards | ||
established by rule by the Texas Education Agency within the time | ||
specified by Section 29.015(b), Education Code. | ||
SECTION 5. Section 263.0025, Family Code, is amended to | ||
read as follows: | ||
Sec. 263.0025. EDUCATIONAL DECISION-MAKING FOR CHILDREN IN | ||
FOSTER CARE [ |
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section: | ||
(1) "Child" means a child in the temporary or | ||
permanent managing conservatorship of the department who is | ||
eligible under Section 29.003, Education Code, to participate in a | ||
school district's special education program. | ||
(2) "Parent" has the definition assigned by the | ||
Individuals with Disabilities Education Act (20 U.S.C. Section | ||
1401(23)) [ |
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(a-1) A foster parent for a child may act as a parent for the | ||
child, as authorized under 20 U.S.C. Section 1415(b), if: | ||
(1) the rights and duties of the department to make | ||
decisions regarding the child's education under Section 153.371 | ||
have not been limited by court order; and | ||
(2) the foster parent agrees to the requirements of | ||
Sections 29.015(a)(3) and (b), Education Code. | ||
(a-2) Sections 29.015(b-1), (c), and (d), Education Code, | ||
apply to a foster parent who acts or desires to act as a parent for a | ||
child for the purpose of making special education decisions. | ||
(b) To ensure the educational rights of a child are | ||
protected in the special education process, the court may appoint a | ||
surrogate parent for the child if: | ||
(1) the child's school district is unable to identify | ||
or locate a parent for the child; or | ||
(2) the foster parent of the child is unwilling or | ||
unable to serve as a parent for the purposes of this subchapter [ |
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(c) Except as provided by Subsection (d), the court may | ||
appoint a person to serve as a child's surrogate parent if the | ||
person: | ||
(1) is willing to serve in that capacity; and | ||
(2) meets the requirements of 20 U.S.C. Section | ||
1415(b) [ |
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(d) The following persons may not be appointed as a | ||
surrogate parent for the child: | ||
(1) an employee of the department; | ||
(2) an employee of the Texas Education Agency; | ||
(3) an employee of a school or school district; or | ||
(4) an employee of any other agency that is involved in | ||
the education or care of the child. | ||
(e) The court may appoint a child's guardian ad litem or | ||
court-certified volunteer advocate, as provided by Section | ||
107.031(c), as the child's surrogate parent. | ||
(f) In appointing a person to serve as the surrogate parent | ||
for a child, the court may consider the person's ability to meet the | ||
qualifications listed under Sections 29.0151(d)(2)-(8), Education | ||
Code. | ||
(g) If the court prescribes training for a person who is | ||
appointed as the surrogate parent for a child, the training program | ||
must comply with the minimum standards for training established by | ||
rule by the Texas Education Agency. | ||
SECTION 6. This Act takes effect September 1, 2017. | ||
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