Bill Text: TX SB88 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to a special education liaison program and the provision of certain special education services at public school districts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-03 - Referred to Education [SB88 Detail]
Download: Texas-2021-SB88-Introduced.html
87R1452 GCB-D | ||
By: Menéndez | S.B. No. 88 |
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relating to a special education liaison program and the provision | ||
of certain special education services at public school districts. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 29.005(a), Education Code, is amended to | ||
read as follows: | ||
(a) Before a child is enrolled in a special education | ||
program of a school district, the district shall establish a | ||
committee composed of the persons required under 20 U.S.C. Section | ||
1414(d) to develop the child's individualized education program. If | ||
the district employs a special education liaison under Section | ||
33.015, the special education liaison shall serve as the district's | ||
representative on the committee. If a committee is required to | ||
include a regular education teacher, the regular education teacher | ||
included must, to the extent practicable, be a teacher who is | ||
responsible for implementing a portion of the child's | ||
individualized education program. | ||
SECTION 2. Chapter 33, Education Code, is amended by adding | ||
Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. SPECIAL EDUCATION LIAISON PROGRAM | ||
Sec. 33.015. SPECIAL EDUCATION LIAISON. From funds | ||
appropriated for the purpose or other funds that may be used for the | ||
purpose, the commissioner shall distribute funds to each school | ||
district to: | ||
(1) provide special education liaison services under | ||
this subchapter; and | ||
(2) employ one or more certified educators to serve as | ||
special education liaison for the district. | ||
Sec. 33.016. SPECIAL EDUCATION LIAISON; GENERAL DUTIES. In | ||
addition to other duties provided under this subchapter, a special | ||
education liaison employed under Section 33.015 shall: | ||
(1) perform duties regarding individualized education | ||
programs under Section 29.005, in the manner provided by Section | ||
33.017; | ||
(2) conduct manifestation determination hearings and | ||
implement behavioral intervention plans as required by 20 U.S.C. | ||
Section 1415(k), in the manner described by Section 33.018; | ||
(3) communicate verbally and in writing with campus | ||
administrators regarding policies and procedures necessary to | ||
ensure compliance with legal and policy requirements involving | ||
special education programs; | ||
(4) communicate with educators and staff at district | ||
campuses to provide guidance, mentoring, and information about | ||
special education policies and procedures; | ||
(5) provide guidance to special education teachers and | ||
staff in the provision of special education services to students in | ||
accordance with the Individuals with Disabilities Education Act (20 | ||
U.S.C. Section 1400 et seq.); | ||
(6) provide mentoring and training to special | ||
education teachers and staff at district campuses; | ||
(7) become familiar with the specific duties and | ||
responsibilities of any providers of services that are ancillary to | ||
special education services provided by the district; | ||
(8) provide general case management for students in | ||
individualized education programs under Section 29.005; | ||
(9) conduct inquiries to address concerns brought by | ||
family members of students in special education programs under | ||
Subchapter A, Chapter 29; and | ||
(10) conduct home visits as necessary to maintain | ||
quality communication between district educators and staff and | ||
family members of students in special education programs under | ||
Subchapter A, Chapter 29. | ||
Sec. 33.017. SPECIAL EDUCATION LIAISON DUTIES REGARDING | ||
INDIVIDUALIZED EDUCATION PROGRAMS. A special education liaison | ||
employed under Section 33.015 shall: | ||
(1) serve as an expert in the development, | ||
implementation, and assessment of individualized education | ||
programs under Section 29.005 for students in the district; | ||
(2) serve as the representative of the district, as | ||
necessary, on a committee established under Section 29.005 to | ||
develop an individualized education program for a student enrolled | ||
at the district; and | ||
(3) review individualized education program documents | ||
for compliance with federal and state laws and related procedural | ||
guidelines. | ||
Sec. 33.018. SPECIAL EDUCATION LIAISON DUTIES REGARDING | ||
MANIFESTATION DETERMINATION HEARINGS AND BEHAVIORAL INTERVENTION | ||
PLANS. (a) If a change in educational setting is proposed for a | ||
student in an individualized education program under Section | ||
29.005, based on the student's violation of the district's code of | ||
student conduct, a special education liaison employed under Section | ||
33.015 shall conduct a manifestation determination hearing, in | ||
accordance with 20 U.S.C. Section 1415(k), to determine if the | ||
violation was a manifestation of the student's disability. | ||
(b) If a violation is determined under Subsection (a) to be | ||
a manifestation of the student's disability, or at the request of a | ||
committee established under Section 29.005, the special education | ||
liaison shall conduct a functional behavioral assessment and | ||
implement a behavioral intervention plan for the student in | ||
accordance with 20 U.S.C. Section 1415(k). | ||
SECTION 3. (a) The commissioner of education shall provide | ||
funds identified under Section 33.015, Education Code, as added by | ||
this Act, to school districts as soon as practicable after the | ||
effective date of this Act. | ||
(b) Each school district required to employ a special | ||
education liaison under Subchapter A-1, Chapter 33, Education Code, | ||
as added by this Act, shall hire a person qualified for the position | ||
as soon as practicable after the effective date of this Act. | ||
SECTION 4. This Act applies beginning with the 2021-2022 | ||
school year. | ||
SECTION 5. 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, 2021. |