SB568 - Relating to special education in public schools, including funding for special education under the Foundation School Program.

      S.B. No. 568         AN ACT   relating to special education in public schools, including funding   for special education under the Foundation School Program.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 7.021(b)(10), Education Code, is amended   to read as follows:                (10)  The agency shall carry out duties assigned under   Section 30.002 concerning children who have visual impairments, are   deaf or hard of hearing, or are deaf-blind [ with visual   impairments ].          SECTION 2.  Section 7.055(b)(25), Education Code, is amended   to read as follows:                (25)  The commissioner shall develop a system to   distribute to school districts or regional education service   centers a special supplemental allowance for students with visual   impairments as required under Section 30.0021 [ 30.002 ].          SECTION 3.  Section 8.051(d), Education Code, is amended to   read as follows:          (d)  Each regional education service center shall maintain   core services for purchase by school districts and campuses.  The   core services are:                (1)  training and assistance in:                      (A)  teaching each subject area assessed under   Section 39.023; and                      (B)  providing instruction in personal financial   literacy as required under Section 28.0021;                (2)  training and assistance in providing each program   that qualifies for a funding allotment under Section 48.102,   48.1021, 48.103, 48.104, 48.105, or 48.109;                (3)  assistance specifically designed for a school   district or campus assigned an unacceptable performance rating   under Section 39.054;                (4)  training and assistance to teachers,   administrators, members of district boards of trustees, and members   of site-based decision-making committees;                (5)  assistance specifically designed for a school   district that is considered out of compliance with state or federal   special education requirements, based on the agency's most recent   compliance review of the district's special education programs; and                (6)  assistance in complying with state laws and rules.          SECTION 4.  Sections 28.025(c-7) and (c-8), Education Code,   are amended to read as follows:          (c-7)  Subject to Subsection (c-8), a student who is enrolled   in a special education program under Subchapter A, Chapter 29, may   earn the distinguished level of achievement under Subsection (b-15)   or an endorsement on the student's transcript under Subsection   (c-1) by:                (1)  successfully completing, with or without   modification of the curriculum:                      (A)  the curriculum requirements identified by   the State Board of Education under Subsection (a); [ and ]                      (B)   for the distinguished level of achievement,   the additional curriculum requirements prescribed under Subsection   (b-15); and                       (C)  for an endorsement,  the additional   [ endorsement ] curriculum requirements prescribed by the State   Board of Education under Subsection (c-2); and                (2)  successfully completing all curriculum   requirements for the distinguished level of achievement or that   endorsement adopted by the State Board of Education:                      (A)  without modification of the curriculum; or                      (B)  with modification of the curriculum,   provided that the curriculum, as modified, is sufficiently rigorous   as determined by the student's admission, review, and dismissal   committee and documented in the student's individualized education   program .          (c-8)  For purposes of Subsection (c-7), the admission,   review, and dismissal committee of a student in a special education   program under Subchapter A, Chapter 29, shall determine whether the   student is required to achieve satisfactory performance on an   end-of-course assessment instrument to earn the distinguished   level of achievement or an endorsement on the student's transcript.          SECTION 5.  Section 29.001, Education Code, is amended to   read as follows:          Sec. 29.001.   IMPLEMENTATION OF SPECIAL EDUCATION   LAW  [ STATEWIDE PLAN ].   (a)   As the state education agency   responsible for carrying out the purposes of Part B, Individuals   with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),   the  [ The ] agency shall develop, and revise [ modify ] as necessary, a   comprehensive system to ensure statewide and local compliance   [ design, consistent ] with federal and state law related to special   education [ , for the delivery of services to children with   disabilities in this state that includes rules for the   administration and funding of the special education program so that   a free appropriate public education is available to all of those   children between the ages of three and 21 ].           (b)   The comprehensive system must [ statewide design shall ]   include the provision of services primarily through school   districts and shared services arrangements, supplemented by   regional education service centers.           (c)   The comprehensive system must focus on maximizing   student outcomes and include [ agency shall also develop and   implement a statewide plan with programmatic content that includes   procedures designed to ]:                (1)   rulemaking, technical assistance, guidance   documents, monitoring protocols, data elements necessary for   statewide reporting, and other resources as necessary to implement   and ensure compliance with federal and state law related to special   education  [ ensure state compliance with requirements for   supplemental federal funding for all state-administered programs   involving the delivery of instructional or related services to   students with disabilities ];                (2)   the facilitation of [ facilitate ] interagency   coordination when other state agencies are involved in the delivery   of instructional or related services to students with disabilities;                (3)   the pursuit of  [ periodically assess statewide   personnel needs in all areas of specialization related to special   education and pursue ] strategies to meet statewide special   education and related services personnel [ those ] needs [ through a   consortium of representatives from regional education service   centers, local education agencies, and institutions of higher   education and through other available alternatives ];                (4)   ensuring  [ ensure ] that regional education service   centers throughout the state maintain a regional support function,   which may include procedures for service centers to assist school   districts in identifying existing public or private educational or   related services in each region, cooperatively developing programs   for students with disabilities, providing to or obtaining for   school districts special equipment, delivering services, and   facilitating  [ direct service delivery and a component designed to   facilitate ] the placement of students with disabilities who cannot   be appropriately served in their resident districts;                (5)  [ allow the agency to ] effectively monitoring   [ monitor ] and periodically conducting [ conduct ] site visits of all   school districts to ensure that rules adopted under this subchapter   [ section ] are applied in a consistent and uniform manner, to ensure   that districts are complying with those rules, and to ensure that   annual statistical reports filed by the districts and not otherwise   available through the Public Education Information Management   System under Sections 48.008 and 48.009 are accurate and complete;   and                (6)   the provision of training and technical assistance   to  ensure that :                       (A)   appropriately trained personnel are involved   in the diagnostic and evaluative procedures operating in all   districts and that those personnel routinely serve on district   multidisciplinary evaluation teams and  admissions, review, and   dismissal committees;                       (B)   [ (7)  ensure that ] an individualized   education program for each student with a disability is properly   developed, implemented, and maintained in the least restrictive   environment that is appropriate to meet the student's educational   needs;                       (C)     appropriately trained personnel are   available to students with disabilities who have significant   behavioral support needs, including by making behavioral support   training available to each paraprofessional or teacher placed in a   classroom or other setting that is intended to provide specialized   behavioral supports to a student with a disability, as needed or at   regular intervals as provided in the student's individualized   education program;                       (D)   [ (8)  ensure that, ] when appropriate, each   student with a disability is provided an opportunity to participate   in career and technology and physical education classes[ , in   addition to participating in regular or special classes ];                       (E)   [ (9)  ensure that ] each student with a   disability is provided necessary related services;                       (F)     school districts have an opportunity to   request technical assistance from the agency or a regional   education service center in establishing classroom environments   conducive to learning for students with disabilities, including   environments for students whose data indicate behavior that   significantly impedes the student's own learning and the learning   of other students;                       (G)   [ (10)  ensure that ] an individual assigned   to act as a surrogate parent for a child with a disability, as   provided by 20 U.S.C. Section 1415(b), is required to:                             (i)  [ (A) ]  complete a training program that   complies with minimum standards established by agency rule;                             (ii)  [ (B) ]  visit the child and the child's   school;                             (iii)  [ (C) ]  consult with persons involved   in the child's education, including teachers, caseworkers,   court-appointed [Text truncated for display. Full text available on LegiScan.]