SB172 - Relating to the employment of a special education liaison at public schools.

  89R3969 MEW-D     By: Menéndez S.B. No. 172       A BILL TO BE ENTITLED   AN ACT   relating to the employment of a special education liaison at public   schools.          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   29.029, 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.  Subchapter A, Chapter 29, Education Code, is   amended by adding Section 29.029 to read as follows:           Sec.   29.029.     SPECIAL EDUCATION LIAISON. (a)   From money   appropriated or otherwise available for the purpose, the   commissioner shall provide money to school districts to employ one   or more educators to serve as a special education liaison for the   district.           (b)     A special education liaison employed under this section   shall:                 (1)     perform duties concerning individualized   education programs under Section 29.005, including:                       (A)     serving as an expert in the development,   implementation, and assessment of individualized education   programs for students in the district;                       (B)     serving 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;                       (C)     reviewing individualized education program   documents for compliance with federal and state laws and related   procedural guidelines;                       (D)     if a change in educational setting is   proposed for a student with an individualized education program   based on the student's violation of the district's student code of   conduct, conducting a manifestation determination hearing in   accordance with 20 U.S.C. Section 1415(k) to determine whether the   violation was a manifestation of the student's disability;                       (E)     conducting a functional behavioral   assessment and implementing a behavioral intervention plan in   accordance with 20 U.S.C. Section 1415(k) for a student:                             (i)     if a violation described by Paragraph   (D) is determined to be a manifestation of the student's   disability; or                             (ii)     on the request of a committee   established under Section 29.005; and                       (F)     providing general case management for   students for whom an individualized education program has been   developed;                 (2)     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;                 (3)     communicate with educators, staff, and parents of   students at district campuses to provide guidance, mentoring, and   information about special education policies and procedures;                 (4)     provide guidance, mentoring, and training 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.);                 (5)     become familiar with the specific duties and   responsibilities of any providers of services that are ancillary to   special education services provided by the district;                 (6)     provide assistance to parents of students in   special education programs in making complaints or reporting   allegations of violations of state or federal law relating to   special education programs by the district;                 (7)     conduct inquiries to address concerns brought by   family members of students in special education programs; and                 (8)     conduct home visits as necessary to maintain   quality communication between district educators and staff and   family members of students in special education programs.           (c)     The commissioner may adopt rules to implement this   section.          SECTION 3.  (a)  As soon as practicable after the effective   date of this Act, the commissioner of education shall provide money   identified as available for purposes of Section 29.029, Education   Code, as added by this Act, to school districts and open-enrollment   charter schools.          (b)  As soon as practicable after receiving money under   Subsection (a) of this section, a school district or   open-enrollment charter school shall employ a person qualified to   serve as special education liaison.          SECTION 4.  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, 2025.