HB466 - Relating to policies and procedures regarding certain public school students with disabilities.

  89R929 AMF-F     By: González of El Paso H.B. No. 466       A BILL TO BE ENTITLED   AN ACT   relating to policies and procedures regarding certain public school   students with disabilities.          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 [ DEFINITION ]. In this subchapter :                 (1)     "Parent" has the meaning assigned by Section   602(23), Individuals with Disabilities Education Act (20 U.S.C.   Section 1401(23)).                 (2)  "Special  [ , "special ] services" means:                       (A)  [ (1) ]  special education instruction, which   may be provided by professional and supported by paraprofessional   personnel in the regular classroom or in an instructional   arrangement described by Section 48.102; and                       (B)  [ (2) ]  related services, which are   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 29.011(a), Education Code, is amended to   read as follows:          (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 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,   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;                       (C)     is the student's agent under a power of   attorney; or                       (D)     is the student's educational representative   appointed under Section 29.0171;                (4)  appropriate postsecondary education options,   including preparation for postsecondary-level coursework;                (5)  an appropriate 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;                (9)  appropriate circumstances for facilitating a   referral of 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.          SECTION 3.  Section 29.0162, Education Code, is amended by   amending Subsection (a) and adding Subsection (d-1) to read as   follows:          (a)  A person in an impartial due process hearing brought   under 20 U.S.C. Section 1415 may be represented by:                (1)  an attorney who is licensed in this state; [ or ]                (2)  an individual who is not an attorney licensed in   this state but who has special knowledge or training with respect to   problems of children with disabilities and who satisfies   qualifications under Subsection (b) ;                 (3)  a parent for a person younger than 18 years of age;                 (4)  an agent under a power of attorney;                 (5)     a supporter under a supported decision-making   agreement under Chapter 1357, Estates Code; or                 (6)     an educational representative appointed under   Section 29.0171 .           (d-1)  The agency:                 (1)     may not regulate the appointment or selection of   an educational representative under Section 29.0171; and                 (2)     has no jurisdiction over any issue concerning the   capacity of an adult student.          SECTION 4.  Sections 29.017(a), (b), (c), and (c-2),   Education Code, are amended to read as follows:          (a)  A student with a disability who is 18 years of age or   older or whose disabilities of minority have been removed for   general purposes under Chapter 31, Family Code, shall have the same   right to make educational decisions as a student without a   disability, except that the school district shall provide any   notice required by this subchapter or 20 U.S.C. Section 1415 to both   the student and the parents.  All other rights accorded to parents   under this subchapter or 20 U.S.C. Section 1415 transfer to the   student or, if applicable, to:                 (1)  an agent under a power of attorney; or                 (2)     the educational representative appointed for the   student under Section 29.0171 .          (b)  All rights accorded to parents under this subchapter or   20 U.S.C. Section 1415 transfer to a student [ students ] who is [ are ]   incarcerated in an adult or juvenile, state or local correctional   institution or, if applicable, to:                 (1)  an agent under a power of attorney; or                 (2)     the educational representative appointed for the   student under Section 29.0171 .          (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, power   of attorney for educational decision-making, the appointment of an   educational representative under Section 29.0171, 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-2)  If a student with a disability or the student's parent   requests information regarding guardianship , [ or ] alternatives to   guardianship , including a supported decision-making agreement   under Chapter 1357, Estates Code, power of attorney for educational   decision-making, or the appointment of an educational   representative under Section 29.0171 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 , power of attorney for educational   decision-making, and the appointment of an educational   representative  [ under Chapter 1357, Estates Code ].          SECTION 5.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.0171 to read as follows:           Sec.   29.0171.     APPOINTMENT OF EDUCATIONAL REPRESENTATIVE.   (a) For purposes of compliance with 34 C.F.R. Section 300.520(b), a   student's parent or, if unavailable, the person who most recently   represented the student's interests, may serve as an educational   representative as provided by this section for a student who:                 (1)     is 18 years of age or older or whose disabilities   of minority have been removed for general purposes under Chapter   31, Family Code;                 (2)     has been certified under Subsection (b) as not   having the ability to provide informed consent regarding the   student's educational program; and                 (3)  has not been determined to be incompetent.           (b)     A professional who meets the qualifications under   Subsection (d) may certify in writing that a student does not have   the ability to provide informed consent with respect to the   student's educational program based on the professional's knowledge   and expertise and clear and convincing evidence obtained through a   personal examination of or interview with the student.           (c)     In making the determination that a student does not have   the ability to provid [Text truncated for display. 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