87R960 GCB-F     By: Powell S.B. No. 1108       A BILL TO BE ENTITLED   AN ACT   relating to the terminology used to refer to an individualized   education program team.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 5.001, Education Code, is amended by   amending Subdivision (5-a) and adding Subdivision (5-b) to read as   follows:                (5-a)  "Individualized education program team" has the   meaning assigned by 20 U.S.C. Section 1414(d)(1)(B).                (5-b)  "Mental health condition" means a persistent or   recurrent pattern of thoughts, feelings, or behaviors that:                      (A)  constitutes a mental illness, disease, or   disorder, other than or in addition to epilepsy, substance abuse,   or an intellectual disability; or                      (B)  impairs a person's social, emotional, or   educational functioning and increases the risk of developing a   condition described by Paragraph (A).          SECTION 2.  Subchapter A, Chapter 7, Education Code, is   amended by adding Section 7.011 to read as follows:          Sec. 7.011.  USE OF TERMINOLOGY CONSISTENT WITH INDIVIDUALS   WITH DISABILITIES EDUCATION ACT. (a) The legislature and the Texas   Legislative Council are directed, with respect to drafting or   amending any new or existing statute or resolution, and the   commissioner, the agency, and all other state agencies are   directed, with respect to the proposing, adopting, or amending of   new or existing rules and the producing of state agency reference   materials or publications, including electronic media, to avoid   using the phrases "admission, review, and dismissal committee" or   "ARD committee."          (b)  In enacting, revising, proposing, adopting, amending,   or producing new or existing statutes, resolutions, rules, or state   agency materials, the legislature, the Texas Legislative Council,   the commissioner, the agency, and all other state agencies are   directed to replace, as appropriate, the phrases described in   Subsection (a) with the preferred phrases "individualized   education program team" or "IEP team."          (c)  A statute, resolution, or rule is not invalid solely   because it does not employ this section's preferred phrases.          SECTION 3.  Section 25.007(b), Education Code, is amended to   read as follows:          (b)  In recognition of the challenges faced by students who   are homeless or in substitute care, the agency shall assist the   transition of students who are homeless or in substitute care from   one school to another by:                (1)  ensuring that school records for a student who is   homeless or in substitute care are transferred to the student's new   school not later than the 10th working day after the date the   student begins enrollment at the school;                (2)  developing systems to ease transition of a student   who is homeless or in substitute care during the first two weeks of   enrollment at a new school;                (3)  developing procedures for awarding credit,   including partial credit if appropriate, for course work, including   electives, completed by a student who is homeless or in substitute   care while enrolled at another school;                (4)  developing procedures to ensure that a new school   relies on decisions made by the previous school regarding placement   in courses or educational programs of a student who is homeless or   in substitute care and places the student in comparable courses or   educational programs at the new school, if those courses or   programs are available;                (5)  promoting practices that facilitate access by a   student who is homeless or in substitute care to extracurricular   programs, summer programs, credit transfer services, electronic   courses provided under Chapter 30A, and after-school tutoring   programs at nominal or no cost;                (6)  establishing procedures to lessen the adverse   impact of the movement of a student who is homeless or in substitute   care to a new school;                (7)  entering into a memorandum of understanding with   the Department of Family and Protective Services regarding the   exchange of information as appropriate to facilitate the transition   of students in substitute care from one school to another;                (8)  encouraging school districts and open-enrollment   charter schools to provide services for a student who is homeless or   in substitute care in transition when applying for admission to   postsecondary study and when seeking sources of funding for   postsecondary study;                (9)  requiring school districts, campuses, and   open-enrollment charter schools to accept a referral for special   education services made for a student who is homeless or in   substitute care by a school previously attended by the student, and   to provide comparable services to the student during the referral   process or until the new school develops an individualized   education program for the student;                (10)  requiring school districts, campuses, and   open-enrollment charter schools to provide notice to the child's   educational decision-maker and caseworker regarding events that   may significantly impact the education of a child, including:                      (A)  requests or referrals for an evaluation under   Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or   special education under Section 29.003;                      (B)  individualized education program team   [admission, review, and dismissal committee] meetings;                      (C)  manifestation determination reviews required   by Section 37.004(b);                      (D)  any disciplinary actions under Chapter 37 for   which parental notice is required;                      (E)  citations issued for Class C misdemeanor   offenses on school property or at school-sponsored activities;                      (F)  reports of restraint and seclusion required   by Section 37.0021;                      (G)  use of corporal punishment as provided by   Section 37.0011; and                      (H)  appointment of a surrogate parent for the   child under Section 29.0151;                (11)  developing procedures for allowing a student who   is homeless or in substitute care who was previously enrolled in a   course required for graduation the opportunity, to the extent   practicable, to complete the course, at no cost to the student,   before the beginning of the next school year;                (12)  ensuring that a student who is homeless or in   substitute care who is not likely to receive a high school diploma   before the fifth school year following the student's enrollment in   grade nine, as determined by the district, has the student's course   credit accrual and personal graduation plan reviewed;                (13)  ensuring that a student in substitute care who is   in grade 11 or 12 be provided information regarding tuition and fee   exemptions under Section 54.366 for dual-credit or other courses   provided by a public institution of higher education for which a   high school student may earn joint high school and college credit;                (14)  designating at least one agency employee to act   as a liaison officer regarding educational issues related to   students in the conservatorship of the Department of Family and   Protective Services; and                (15)  providing other assistance as identified by the   agency.          SECTION 4.  Section 25.043(h), Education Code, is amended to   read as follows:          (h)  This section does not affect:                (1)  a right or obligation under Subchapter A, Chapter   29, or under the Individuals with Disabilities Education Act (20   U.S.C. Section 1400 et seq.) regarding the individual placement   decisions of an individualized education program team [the school   district admission, review, and dismissal committee]; or                (2)  the right of a school district or teacher to remove   a student from a classroom under Chapter 37.          SECTION 5.  Sections 26.0081(a) and (b), Education Code, are   amended to read as follows:          (a)  The agency shall produce and provide to school districts   sufficient copies of a comprehensive, easily understood document   that explains the process by which an individualized education   program is developed for a student in a special education program   and the rights and responsibilities of a parent concerning the   process. The document must include information a parent needs to   effectively participate in an individualized education program   team [admission, review, and dismissal committee] meeting for the   parent's child.          (b)  The agency will ensure that each school district   provides the document required under this section to the parent as   provided by 20 U.S.C. Section 1415(b):                (1)  as soon as practicable after a child is referred to   determine the child's eligibility for admission into the district's   special education program, but at least five school days before the   date of the initial meeting of the individualized education program   team [admission, review, and dismissal committee]; and                (2)  at any other time on reasonable request of the   child's parent.          SECTION 6.  Section 28.006(g), Education Code, is amended to   read as follows:          (g)  A school district shall notify the parent or guardian of   each student in kindergarten or first or second grade who is   determined, on the basis of reading instrument results, to be at   risk for dyslexia or other reading difficulties. The district shall   implement an accelerated reading instruction program that provides   reading instruction that addresses reading deficiencies to those   students and shall determine the form, content, and timing of that   program. The individualized education program team [admission,   review, and dismissal committee] of a student who participates in a   district's special education program under Subchapter B, Chapter   29, and who does not perform satisfactorily on a reading instrument   under this section shall determine the manner in which the student   will participate in an accelerated reading instruction program   under this subsection.          SECTION 7.  Sections 28.0211(i), (i-1), and (i-2), Education   Code, are amended to read as follows:          (i)  The individualized education program team [admission,   review, and dismissal committee] of a student who participates in a   district's special education program under Subchapter A, Chapter   29, and who does not perform satisfactorily on an assessment   instrument specified under Subsection (a) and administered under   Section 39.023(a) or (b) must meet before the student is   administered the assessment instrument for the second time. The   team [committee] shall determine:                (1)  the manner in which the student will participate   in an accelerated instruction program under this section; and                (2)  whether the student will be promoted in accordance   with Subsection (i-1) or retained under this section.          (i-1)  At a meeting of the individualized education program   team [admission, review, and dismissal committee] of a student   under Subsection (i), the team [committee] may promote the student   to the next grade level if the team [committee] concludes that the   student has made sufficient progress in the measurable academic   goals contained in the student's individualized education program   developed under Section 29.005. A school district that promotes a   student under this subsection is not required to provide an   additional opportunity for the student to perform satisfactorily on   the assessment instrument.          (i-2)  Not later than September 1 of each school year, a   school district must notify the parent or person standing in   parental relation to a student enrolled in the district's special   education program under Subchapter A, Chapter 29, of the options of   the individualized education program team [admission, review, and   dismissal committee] under Subsections (i) and (i-1) if the student   does not perform satisfactorily on an assessment instrument.          SECTION 8.  Section 28.0213(e), Education Code, is amended   to read as follows:          (e)  For a student in a special education program under   Subchapter A, Chapter 29, who does not perform satisfactorily on an   assessment instrument administered under Section 39.023(a), (b),   or (c), the student's individualized education program team   [admission, review, and dismissal committee] shall design the   program to:                (1)  enable the student to attain a standard of annual   growth on the basis of the student's individualized education   program; and                (2)  if applicable, carry out the purposes of Section   28.0211.          SECTION 9.  Sections 28.025(b-11), (b-14), (c-7), and (c-8),   Education Code, are amended to read as follows:          (b-11)  In adopting rules under Subsection (b-1), the State   Board of Education shall allow a student who is unable to   participate in physical activity due to disability or illness to   substitute one credit in English language arts, mathematics,   science, or social studies, one credit in a course that is offered   for credit as provided by Section 28.002(g-1), or one academic   elective credit for the physical education credit required under   Subsection (b-1)(8). A credit allowed to be substituted under this   subsection may not also be used by the student to satisfy a   graduation requirement other than completion of the physical   education credit. The rules must provide that the determination   regarding a student's ability to participate in physical activity   will be made by:                (1)  if the student receives special education services   under Subchapter A, Chapter 29, the student's individualized   education program team [admission, review, and dismissal   committee];                (2)  if the student does not receive special education   services under Subchapter A, Chapter 29, but is covered by Section   504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the   committee established for the student under that Act; or                (3)  if a team or a committee [each of the committees]   described by Subdivision [Subdivisions] (1) or [and] (2) is   inapplicable, a committee established by the school district of   persons with appropriate knowledge regarding the student.          (b-14)  In adopting rules under Subsection (b-1), the State   Board of Education shall allow a student who, due to disability, is   unable to complete two courses in the same language in a language   other than English, as provided under Subsection (b-1)(5), to   substitute for those credits two credits in English language arts,   mathematics, science, or social studies or two credits in career   and technology education, technology applications, or other   academic electives. A credit allowed to be substituted under this   subsection may not also be used by the student to satisfy a   graduation credit requirement other than credit for completion of a   language other than English. The rules must provide that the   determination regarding a student's ability to participate in   language-other-than-English courses will be made by:                (1)  if the student receives special education services   under Subchapter A, Chapter 29, the student's individualized   education program team [admission, review, and dismissal   committee]; or                (2)  if the student does not receive special education   services under Subchapter A, Chapter 29, but is covered by Section   504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), the   committee established for the student under that Act.          (c-7)  Subject to Subsection (c-8), a student who is enrolled   in a special education program under Subchapter A, Chapter 29, may   earn an endorsement on the student's transcript 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)  the additional endorsement curriculum   requirements prescribed by the State Board of Education under   Subsection (c-2); and                (2)  successfully completing all curriculum   requirements for 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 individualized education program   team [admission, review, and dismissal committee].          (c-8)  For purposes of Subsection (c-7), the individualized   education program team [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 an endorsement on the student's   transcript.          SECTION 10.  Section 29.001, Education Code, is amended to   read as follows:          Sec. 29.001.  STATEWIDE PLAN. The agency shall develop, and   modify as necessary, a statewide design, consistent with federal   law, 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. The statewide design shall include the provision of   services primarily through school districts and shared services   arrangements, supplemented by regional education service centers.   The agency shall also develop and implement a statewide plan with   programmatic content that includes procedures designed to:                (1)  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)  facilitate interagency coordination when other   state agencies are involved in the delivery of instructional or   related services to students with disabilities;                (3)  periodically assess statewide personnel needs in   all areas of specialization related to special education and pursue   strategies to meet 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)  ensure that regional education service centers   throughout the state maintain a regional support function, which   may include 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 monitor and   periodically conduct site visits of all school districts to ensure   that rules adopted under this 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;                (6)  ensure that appropriately trained personnel are   involved in the diagnostic and evaluative procedures operating in   all districts and that those personnel routinely serve on district   individualized education program teams [admissions, review, and   dismissal committees];                (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;                (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;                (9)  ensure that each student with a disability is   provided necessary related services;                (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:                      (A)  complete a training program that complies   with minimum standards established by agency rule;                      (B)  visit the child and the child's school;                      (C)  consult with persons involved in the child's   education, including teachers, caseworkers, court-appointed   volunteers, guardians ad litem, attorneys ad litem, foster parents,   and caretakers;                      (D)  review the child's educational records;                      (E)  attend meetings of the child's   individualized education program team [admission, review, and   dismissal committee];                      (F)  exercise independent judgment in pursuing   the child's interests; and                      (G)  exercise the child's due process rights under   applicable state and federal law; and                (11)  ensure that each district develops a process to   be used by a teacher who instructs a student with a disability in a   regular classroom setting:                      (A)  to request a review of the student's   individualized education program;                      (B)  to provide input in the development of the   student's individualized education program;                      (C)  that provides for a timely district response   to the teacher's request; and                      (D)  that provides for notification to the   student's parent or legal guardian of that response.          SECTION 11.  Section 29.004(a-1), Education Code, is amended   to read as follows:          (a-1)  If a school district receives written consent signed   by a student's parent or legal guardian for a full individual and   initial evaluation of a student at least 35 but less than 45 school   days before the last instructional day of the school year, the   evaluation must be completed and the written report of the   evaluation must be provided to the parent or legal guardian not   later than June 30 of that year. The student's individualized   education program team [admission, review, and dismissal   committee] shall meet not later than the 15th school day of the   following school year to consider the evaluation. If a district   receives written consent signed by a student's parent or legal   guardian less than 35 school days before the last instructional day   of the school year or if the district receives the written consent   at least 35 but less than 45 school days before the last   instructional day of the school year but the student is absent from   school during that period on three or more days, Subsection (a)(1)   applies to the date the written report of the full individual and   initial evaluation is required.          SECTION 12.  Sections 29.005(a), (b), (b-1), (c), and (g),   Education Code, are amended to read as follows:          (a)  Before a child is enrolled in a special education   program of a school district, the district shall establish an   individualized education program team [a committee] composed of the   persons required under 20 U.S.C. Section 1414(d) to develop the   child's individualized education program. If a team [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.          (b)  The individualized education program team [committee]   shall develop the individualized education program by agreement of   the team [committee] members or, if those persons cannot agree, by   an alternate method provided by the agency. Majority vote may not be   used to determine the individualized education program.          (b-1)  The written statement of the individualized education   program must document the decisions of the individualized education   program team [committee] with respect to issues discussed at each   team [committee] meeting. The written statement must include:                (1)  the date of the meeting;                (2)  the name, position, and signature of each member   participating in the meeting; and                (3)  an indication of whether the child's parents, the   adult student, if applicable, and the administrator agreed or   disagreed with the decisions of the team [committee].          (c)  If the individualized education program is not   developed by agreement, the written statement of the program   required under 20 U.S.C. Section 1414(d) must include the basis of   the disagreement. Each member of the individualized education   program team [committee] who disagrees with the individualized   education program developed by the team [committee] is entitled to   include a statement of disagreement in the written statement of the   program.          (g)  The individualized education program team [committee]   may determine that a behavior improvement plan or a behavioral   intervention plan is appropriate for a student for whom the team   [committee] has developed an individualized education program. If   the team [committee] makes that determination, the behavior   improvement plan or the behavioral intervention plan shall be   included as part of the student's individualized education program   and provided to each teacher with responsibility for educating the   student.          SECTION 13.  Section 29.008(c), Education Code, is amended   to read as follows:          (c)  When a student, including one for whom the state is   managing conservator, is placed primarily for care or treatment   reasons in a private residential facility that operates its own   private education program, none of the costs may be paid from public   education funds. If a residential placement primarily for care or   treatment reasons involves a private residential facility in which   the education program is provided by the school district, the   portion of the costs that includes appropriate education services,   as determined by the individualized education program team [the   school district's admission, review, and dismissal committee],   shall be paid from state and federal education funds.          SECTION 14.  Sections 29.011(a) and (a-1), Education Code,   are 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 individualized education program team   [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;                (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.          (a-1)  A student's individualized education program team   [admission, review, and dismissal committee] shall annually review   the issues described by Subsection (a) and, if necessary, update   the portions of the student's individualized education program that   address those issues.          SECTION 15.  Section 29.0112(e), Education Code, is amended   to read as follows:          (e)  A school district shall:                (1)  post the transition and employment guide on the   district's website if the district maintains a website;                (2)  provide written information and, if necessary,   assistance to a student or parent regarding how to access the   electronic version of the guide at:                      (A)  the first meeting of the student's   individualized education program team [admission, review, and   dismissal committee] at which transition is discussed; and                      (B)  the first team [committee] meeting at which   transition is discussed that occurs after the date on which the   guide is updated; and                (3)  on request, provide a printed copy of the guide to   a student or parent.          SECTION 16.  Section 29.015(b), Education Code, is amended   to read as follows:          (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 individualized education program   team [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 special   education decisions.          SECTION 17.  Section 29.0151(d), Education Code, is amended   to read as follows:          (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 individualized   education program team [admission, review, and dismissal   committee].          SECTION 18.  Section 29.019(e), Education Code, is amended   to read as follows:          (e)  Nothing in this section prohibits a school district from   using individualized education program facilitation as the   district's preferred method of conducting initial and annual   individualized education program team [admission, review, and   dismissal committee] meetings.          SECTION 19.  Section 29.020(a), Education Code, is amended   to read as follows:          (a)  The agency shall develop rules in accordance with this   section applicable to the administration of a state individualized   education program facilitation project. The program shall include   the provision of an independent individualized education program   facilitator to facilitate an individualized education program team   [admission, review, and dismissal committee] meeting with parties   who are in a dispute about decisions relating to the provision of a   free appropriate public education to a student with a disability.   Facilitation implemented under the project must comply with rules   developed under this subsection.          SECTION 20.  Section 29.022(l), Education Code, is amended   to read as follows:          (l)  A school district or open-enrollment charter school   policy relating to the placement, operation, or maintenance of   video cameras under this section must:                (1)  include information on how a person may appeal an   action by the district or school that the person believes to be in   violation of this section or a policy adopted in accordance with   this section, including the appeals process under Section 7.057;                (2)  require that the district or school provide a   response to a request made under this section not later than the   seventh school business day after receipt of the request by the   person to whom it must be submitted under Subsection (a-3) that   authorizes the request or states the reason for denying the   request;                (3)  except as provided by Subdivision (5), require   that a school or a campus begin operation of a video camera in   compliance with this section not later than the 45th school   business day, or the first school day after the 45th school business   day if that day is not a school day, after the request is authorized   unless the agency grants an extension of time;                (4)  permit the parent of a student whose   individualized education program team [admission, review, and   dismissal committee] has determined that the student's placement   for the following school year will be in a classroom or other   special education setting in which a video camera may be placed   under this section to make a request for the video camera by the   later of:                      (A)  the date on which the current school year   ends; or                      (B)  the 10th school business day after the date   of the placement determination by the individualized education   program team [admission, review, and dismissal committee]; and                (5)  if a request is made by a parent in compliance with   Subdivision (4), unless the agency grants an extension of time,   require that a school or campus begin operation of a video camera in   compliance with this section not later than the later of:                      (A)  the 10th school day of the fall semester; or                      (B)  the 45th school business day, or the first   school day after the 45th school business day if that day is not a   school day, after the date the request is made.          SECTION 21.  Section 29.026(d), Education Code, is amended   to read as follows:          (d)  A school district or open-enrollment charter school may   not:                (1)  charge a fee for the program, other than those   authorized by law for students in public schools;                (2)  require a parent to enroll a child in the program;                (3)  allow an individualized education program team   [admission, review, and dismissal committee] to place a student in   the program without the written consent of the student's parent or   guardian; or                (4)  continue the placement of a student in the program   after the student's parent or guardian revokes consent, in writing,   to the student's placement in the program.          SECTION 22.  Section 29.027(d), Education Code, is amended   to read as follows:          (d)  A school district or open-enrollment charter school may   not:                (1)  charge a fee for the program, other than those   authorized by law for students in public schools;                (2)  require a parent to enroll a child in the program;                (3)  allow an individualized education program team   [admission, review, and dismissal committee] to place a student in   the program without the written consent of the student's parent or   guardian; or                (4)  continue the placement of a student in the program   after the student's parent or guardian revokes consent, in writing,   to the student's placement in the program.          SECTION 23.  Section 29.305, Education Code, is amended to   read as follows:          Sec. 29.305.  LANGUAGE MODE PEERS. If practicable and not in   conflict with any individualized education program team   [admission, review, and dismissal committee] recommendations, a   student who is deaf or hard of hearing must have an education in the   company of a sufficient number of peers using the same language mode   and with whom the student can communicate directly. If practicable,   the peers must be of the same or approximately the same age and   ability.          SECTION 24.  Section 29.312, Education Code, is amended to   read as follows:          Sec. 29.312.  PSYCHOLOGICAL COUNSELING SERVICES.   Appropriate psychological counseling services for a student who is   deaf or hard of hearing shall be made available at the student's   school site in the student's primary mode of communication. In the   case of a student who is hard of hearing, appropriate auditory   systems to enhance oral communication shall be used if required by   the student's individualized education program team [admission,   review, and dismissal committee].          SECTION 25.  Section 29.314, Education Code, is amended to   read as follows:          Sec. 29.314.  TRANSITION INTO REGULAR CLASS. In addition to   satisfying requirements of the individualized education program   team [admission, review, and dismissal committee] and to satisfying   requirements under state and federal law for vocational training,   each school district shall develop and implement a transition plan   for the transition of a student who is deaf or hard of hearing into a   regular class program if the student is to be transferred from a   special class or center or nonpublic, nonsectarian school into a   regular class in a public school for any part of the school day. The   transition plan must provide for activities:                (1)  to integrate the student into the regular   education program and specify the nature of each activity and the   time spent on the activity each day; and                (2)  to support the transition of the student from the   special education program into the regular education program.          SECTION 26.  Section 29.453(b), Education Code, is amended   to read as follows:          (b)  The educational placement of an alleged offender   resident and the educational services to be provided by a school   district to the resident shall be determined by the resident's   individualized education program team [admission, review, and   dismissal committee] consistent with federal law and regulations   regarding the placement of students with disabilities in the least   restrictive environment. The resident's individualized education   program team [admission, review, and dismissal committee] shall:                (1)  inform the resident's interdisciplinary team of a   determination the resident's individualized education program team   [committee] makes in accordance with this subsection; and                (2)  consult, to the extent practicable, with the   resident's interdisciplinary team concerning such a determination.          SECTION 27.  Section 29.454(d), Education Code, is amended   to read as follows:          (d)  Each behavior support specialist shall:                (1)  ensure that each alleged offender resident   enrolled in the school district is provided behavior management   services under a school behavioral intervention plan based on the   resident's functional behavioral assessment, as described by   Subsection (c);                (2)  communicate and coordinate with the resident's   interdisciplinary team to ensure that behavioral intervention   actions of the district and of the forensic state supported living   center do not conflict;                (3)  in the case of a resident who regresses:                      (A)  ensure that necessary corrective action is   taken in the resident's individualized education program or school   behavioral intervention plan, as appropriate; and                      (B)  communicate with the resident's   interdisciplinary team concerning the regression and encourage the   team to aggressively address the regression;                (4)  participate in the resident's individualized   education program team [admission, review, and dismissal   committee] meetings in conjunction with:                      (A)  developing and implementing the resident's   school behavioral intervention plan; and                      (B)  determining the appropriate educational   placement for each resident, considering all available academic and   behavioral information;                (5)  coordinate each resident's school behavioral   intervention plan with the resident's program of active treatment   provided by the forensic state supported living center to ensure   consistency of approach and response to the resident's identified   behaviors;                (6)  provide training for school district staff and, as   appropriate, state supported living center staff in implementing   behavioral intervention plans for each resident; and                (7)  remain involved with the resident during the   school day.          SECTION 28.  Section 29.455(a), Education Code, is amended   to read as follows:          (a)  A school district in which alleged offender residents   are enrolled in school and the forensic state supported living   center shall enter into a memorandum of understanding to:                (1)  establish the duties and responsibilities of the   behavior support specialist to ensure the safety of all students   and teachers while educational services are provided to a resident   at a school in the district; and                (2)  ensure the provision of appropriate facilities for   providing educational services and of necessary technological   equipment if a resident's individualized education program team   [admission, review, and dismissal committee] determines that the   resident must receive educational services at the forensic state   supported living center.          SECTION 29.  Sections 30.002(c) and (f), Education Code, are   amended to read as follows:          (c)  The comprehensive statewide plan for the education of   children with visual impairments must:                (1)  adequately provide for comprehensive diagnosis   and evaluation of each school-age child with a serious visual   impairment;                (2)  include the procedures, format, and content of the   individualized education program for each child with a visual   impairment;                (3)  emphasize providing educational services to   children with visual impairments in their home communities whenever   possible;                (4)  include methods to ensure that children with   visual impairments receiving special education services in school   districts receive, before being placed in a classroom setting or   within a reasonable time after placement:                      (A)  evaluation of the impairment; and                      (B)  instruction in an expanded core curriculum,   which is required for students with visual impairments to succeed   in classroom settings and to derive lasting, practical benefits   from the education provided by school districts, including   instruction in:                            (i)  compensatory skills, such as braille   and concept development, and other skills needed to access the rest   of the curriculum;                            (ii)  orientation and mobility;                            (iii)  social interaction skills;                            (iv)  career planning;                            (v)  assistive technology, including   optical devices;                            (vi)  independent living skills;                            (vii)  recreation and leisure enjoyment;                            (viii)  self-determination; and                            (ix)  sensory efficiency;                (5)  provide for flexibility on the part of school   districts to meet the special needs of children with visual   impairments through:                      (A)  specialty staff and resources provided by the   district;                      (B)  contractual arrangements with other   qualified public or private agencies;                      (C)  supportive assistance from regional   education service centers or adjacent school districts;                      (D)  short-term or long-term services through the   Texas School for the Blind and Visually Impaired or related   facilities or programs; or                      (E)  other instructional and service arrangements   approved by the agency;                (6)  include a statewide individualized education   program [admission, review, and dismissal] process;                (7)  provide for effective interaction between the   visually impaired child's classroom setting and the child's home   environment, including providing for parental training and   counseling either by school district staff or by representatives of   other organizations directly involved in the development and   implementation of the individualized education program for the   child;                (8)  require the continuing education and professional   development of school district staff providing special education   services to children with visual impairments;                (9)  provide for adequate monitoring and precise   evaluation of special education services provided to children with   visual impairments through school districts; and                (10)  require that school districts providing special   education services to children with visual impairments develop   procedures for assuring that staff assigned to work with the   children have prompt and effective access directly to resources   available through:                      (A)  cooperating agencies in the area;                      (B)  the Texas School for the Blind and Visually   Impaired;                      (C)  the Central Media Depository for specialized   instructional materials and aids made specifically for use by   students with visual impairments;                      (D)  sheltered workshops participating in the   state program of purchases of blind-made goods and services; and                      (E)  related sources.          (f)  In the development of the individualized education   program for a student with a visual impairment, proficiency in   reading and writing is a significant indicator of the student's   satisfactory educational progress. The individualized education   program for a student with a visual impairment must include   instruction in braille and the use of braille unless the student's   individualized education program team [admission, review, and   dismissal committee] determines and documents that braille is not   an appropriate literacy medium for the student. The team's    [committee's] determination must be based on an evaluation of the   student's appropriate literacy media and literacy skills and the   student's current and future instructional needs. Braille   instruction:                (1)  may be used in combination with other special   education services appropriate to the student's educational needs;   and                (2)  shall be provided by a teacher certified to teach   students with visual impairments.          SECTION 30.  Section 30.021(b), Education Code, is amended   to read as follows:          (b)  The school district in which a student resides is   responsible for assuring that a free appropriate public education   is provided to each district student placed in the regular school   year program of the school and that all legally required meetings   for the purpose of developing and reviewing the student's   individualized educational program are conducted. If the school   disagrees with a district's individualized education program team   [committee] recommendation that a student be evaluated for   placement, initially placed, or continued to be placed at the   school, the district or the school may seek resolution according to   a procedure established by the commissioner or through any due   process hearing to which the district or school is entitled under   the Individuals with Disabilities Education Act (20 U.S.C. Section   1400 et seq.).          SECTION 31.  Section 30.057(a), Education Code, is amended   to read as follows:          (a)  The Texas School for the Deaf shall provide services in   accordance with Section 30.051 to any eligible student with a   disability for whom the school is an appropriate placement if the   student has been referred for admission:                (1)  by the school district in which the student   resides under the student's individualized education program;                (2)  by the student's parent or legal guardian, or a   person with legal authority to act in place of the parent or legal   guardian, or the student, if the student is age 18 or older, at any   time during the school year, if the referring person chooses the   school as the appropriate placement for the student rather than the   placement in the student's local or regional program recommended   under the student's individualized education program; or                (3)  by the student's parent or legal guardian through   the student's individualized education program team [admission,   review, and dismissal] or individualized family service plan   committee, as an initial referral to special education for students   who are three years of age or younger.          SECTION 32.  Section 30A.007(b), Education Code, is amended   to read as follows:          (b)  For purposes of a policy adopted under Subsection (a),   the determination of whether or not an electronic course will meet   the needs of a student with a disability shall be made by the   student's individualized education program team [admission,   review, and dismissal committee] in a manner consistent with state   and federal law, including the Individuals with Disabilities   Education Act (20 U.S.C. Section 1400 et seq.) and Section 504,   Rehabilitation Act of 1973 (29 U.S.C. Section 794).          SECTION 33.  Section 33.081(e), Education Code, is amended   to read as follows:          (e)  Suspension of a student with a disability that   significantly interferes with the student's ability to meet regular   academic standards must be based on the student's failure to meet   the requirements of the student's individualized education   program. The determination of whether a disability significantly   interferes with a student's ability to meet regular academic   standards must be made by the student's individualized education   program team [admission, review, and dismissal committee]. For   purposes of this subsection, "student with a disability" means a   student who is eligible for a district's special education program   under Section 29.003(b).          SECTION 34.  Section 37.001(b-1), Education Code, is amended   to read as follows:          (b-1)  The methods adopted under Subsection (a)(8) must   provide that a student who is enrolled in a special education   program under Subchapter A, Chapter 29, may not be disciplined for   conduct prohibited in accordance with Subsection (a)(7) until an   individualized education program team [admission, review, and   dismissal committee] meeting has been held to review the conduct.          SECTION 35.  Sections 37.004(a) and (b), Education Code, are   amended to read as follows:          (a)  The placement of a student with a disability who   receives special education services may be made only by a duly   constituted individualized education program team [admission,   review, and dismissal committee].          (b)  Any disciplinary action regarding a student with a   disability who receives special education services that would   constitute a change in placement under federal law may be taken only   after the student's individualized education program team   [admission, review, and dismissal committee] conducts a   manifestation determination review under 20 U.S.C. Section   1415(k)(4) and its subsequent amendments. Any disciplinary action   regarding the student shall be determined in accordance with   federal law and regulations, including laws or regulations   requiring the provision of:                (1)  functional behavioral assessments;                (2)  positive behavioral interventions, strategies,   and supports;                (3)  behavioral intervention plans; and                (4)  the manifestation determination review.          SECTION 36.  Section 37.105(e), Education Code, is amended   to read as follows:          (e)  If a parent or guardian of a child enrolled in a school   district is refused entry to the district's property under this   section, the district shall accommodate the parent or guardian to   ensure that the parent or guardian may participate in the child's   individualized education program team [admission, review, and   dismissal committee] or in the child's team established under   Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), in   accordance with federal law.          SECTION 37.  Section 37.307(b), Education Code, is amended   to read as follows:          (b)  The review under Section 37.306 of the placement of a   student with a disability who receives special education services   may be made only by a duly constituted individualized education   program team [admission, review, and dismissal committee]. The   individualized education program team [admission, review, and   dismissal committee] may request that the board of trustees convene   a committee described by Section 37.306(a) to assist the   individualized education program team [admission, review, and   dismissal committee] in conducting the review.          SECTION 38.  Sections 39.023(b), (c), and (d), Education   Code, are amended to read as follows:          (b)  The agency shall develop or adopt appropriate   criterion-referenced alternative assessment instruments to be   administered to each student in a special education program under   Subchapter A, Chapter 29, for whom an assessment instrument adopted   under Subsection (a), even with allowable accommodations, would not   provide an appropriate measure of student achievement, as   determined by the student's individualized education program team   [admission, review, and dismissal committee], including assessment   instruments approved by the commissioner that measure growth. The   assessment instruments developed or adopted under this subsection,   including the assessment instruments approved by the commissioner,   must, to the extent allowed under federal law, provide a district   with options for the assessment of students under this subsection.   The agency may not adopt a performance standard that indicates that   a student's performance on the alternate assessment does not meet   standards if the lowest level of the assessment accurately   represents the student's developmental level as determined by the   student's individualized education program team [admission,   review, and dismissal committee].          (c)  The agency shall also adopt end-of-course assessment   instruments for secondary-level courses in Algebra I, biology,   English I, English II, and United States history. The Algebra I   end-of-course assessment instrument must be administered with the   aid of technology, but may include one or more parts that prohibit   the use of technology. The English I and English II end-of-course   assessment instruments must each assess essential knowledge and   skills in both reading and writing and must provide a single score.   A school district shall comply with State Board of Education rules   regarding administration of the assessment instruments listed in   this subsection. If a student is in a special education program   under Subchapter A, Chapter 29, the student's individualized   education program team [admission, review, and dismissal   committee] shall determine whether any allowable modification is   necessary in administering to the student an assessment instrument   required under this subsection. The State Board of Education shall   administer the assessment instruments. An end-of-course assessment   instrument may be administered in multiple parts over more than one   day. The State Board of Education shall adopt a schedule for the   administration of end-of-course assessment instruments that   complies with the requirements of Subsection (c-3).          (d)  The commissioner may participate in multistate efforts   to develop voluntary standardized end-of-course assessment   instruments. The commissioner by rule may require a school district   to administer an end-of-course assessment instrument developed   through the multistate efforts. The individualized education   program team [admission, review, and dismissal committee] of a   student in a special education program under Subchapter A, Chapter   29, shall determine whether any allowable modification is necessary   in administering to the student an end-of-course assessment   instrument.          SECTION 39.  Section 39.025(a-4), Education Code, is amended   to read as follows:          (a-4)  The individualized education program team [admission,   review, and dismissal committee] of a student in a special   education program under Subchapter A, Chapter 29, shall determine   whether, to receive a high school diploma, the student is required   to achieve satisfactory performance on end-of-course assessment   instruments.          SECTION 40.  Section 661.906, Government Code, is amended to   read as follows:          Sec. 661.906.  FOSTER PARENTS. A state employee who is a   foster parent to a child under the conservatorship of the   Department of Protective and Regulatory Services is entitled to a   leave of absence without a deduction in salary for the purpose of   attending:                (1)  meetings held by the Department of Protective and   Regulatory Services regarding the child under the foster care of   the employee; or                (2)  an individualized education program team   [admission, review, and dismissal] meeting held by a school   district regarding the child under the foster care of the employee.          SECTION 41.  Section 29.301(1), Education Code, is repealed.          SECTION 42.  This Act takes effect September 1, 2021.