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A BILL TO BE ENTITLED
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AN ACT
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relating to the accessibility of services for certain students with |
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autism or autism spectrum disorder and to the training of and |
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support for educators serving students with autism. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. AUTISM SERVICES ACCESSIBILITY PROGRAM |
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Sec. 29.351. DEFINITIONS. In this subchapter: |
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(1) "Parent" includes a guardian, custodian, or other |
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person with authority to act on behalf of a student. |
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(2) "Program" means the autism services accessibility |
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program for students described by this subchapter. |
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(3) "Qualifying school" means a nongovernmental |
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community-based educational establishment that provides for the |
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educational needs of students with autism. The term does not |
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include a school that provides education in a home setting or that |
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limits enrollment to relatives of the school's staff. |
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Sec. 29.352. PROGRAM. An eligible student under Section |
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29.353 may, at the option of the student's parent: |
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(1) attend any public school in the district in which |
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the student resides; |
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(2) attend a public school in a district other than the |
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district in which the student resides; or |
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(3) access services as provided by Section 29.356 |
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through a qualifying school. |
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Sec. 29.353. ELIGIBLE STUDENT. (a) A student is eligible |
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to participate in the program if: |
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(1) the student is eligible to receive public school |
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services and is eligible under Section 29.003 to participate in a |
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school district's special education program; |
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(2) the student has been diagnosed with autism or |
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autism spectrum disorder; and |
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(3) an individualized educational program has been |
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developed for the student under Section 29.005. |
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(b) Each school year, a school district shall: |
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(1) provide written notice of the program to the |
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parent of a student who is eligible to participate in the program |
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under Subsection (a); and |
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(2) allow the parent an opportunity to enroll the |
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student in the program. |
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(c) A student who establishes eligibility under this |
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section may continue participating in the program until the earlier |
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of the date the student graduates from high school or the student's |
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22nd birthday. |
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Sec. 29.354. TRANSFER OF STATE AID BETWEEN SCHOOL |
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DISTRICTS. (a) Except as provided by Section 29.355, an eligible |
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student who as provided by Section 29.352(2) attends a public |
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school in a school district other than the district in which the |
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student resides is included in the average daily attendance of the |
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district in which the student resides for purposes of Chapters 41 |
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and 42. |
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(b) The commissioner shall deduct an amount equal to the |
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amount of funding to which the school district in which the eligible |
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student resides is entitled under Chapter 42 for that student from |
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the total state aid to which that district is entitled and shall |
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transfer that amount to the district in which the student is |
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enrolled. |
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(c) If a student resides in a school district that does not |
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receive state aid under Chapter 42, the district in which the |
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student resides shall purchase attendance credits under Section |
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41.093 in an amount equal to the amount of funding the district |
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would receive for the student under Chapter 42 if the district were |
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entitled to state aid under that chapter, and the commissioner |
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shall transfer that amount to the school district in which the |
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student is enrolled. |
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Sec. 29.355. STATE AID IN CERTAIN CIRCUMSTANCES. An |
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eligible student who as provided by Section 29.352(2) attends a |
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public school in a school district other than the district in which |
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the student resides is counted in the average daily attendance of |
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the school district in which the student attends school if the total |
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amount of state aid that the enrolling district would receive by |
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counting the student in the district's average daily attendance is |
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greater than the amount of state aid the district would receive as a |
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result of receiving a transfer of funds from the district in which |
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the student resides under Section 29.354. |
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Sec. 29.356. FINANCING OF SERVICES PROVIDED BY QUALIFYING |
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SCHOOL. (a) For a student who attends a qualifying school under |
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this subchapter, a qualifying school is entitled to an annual |
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amount of funding that is equal to the amount of funding to which |
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the school district in which the student resides would be entitled |
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under Chapter 42 for the student. The agency shall directly |
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distribute the funding to the qualifying school. |
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(b) For an eligible student to participate in the program, |
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the parent of the student must apply to the agency on behalf of the |
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student not later than a date specified by the commissioner. The |
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application must specify the qualifying school the student plans to |
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attend and demonstrate that the student has been accepted for |
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admission by that school. On receiving the application from the |
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parent of an eligible student, the agency shall determine a |
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student's eligibility in accordance with rules adopted under |
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Section 29.364. If the agency determines that the student is |
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eligible for participation in the program, the agency shall notify |
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the student's parent of the student's eligibility. |
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(c) The agency shall direct the distribution of funds to the |
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qualifying school the student attends on a schedule adopted by the |
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agency after educational services have been provided. The agency |
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shall require that the qualifying school submit documentation of |
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the student's attendance before the agency directs funds to the |
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qualifying school. |
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(d) A student who attends a qualifying school under this |
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subchapter is included in the average daily attendance of the |
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school district in which the student resides for purposes of |
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determining the amount of the student's program funding. The |
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amount of the student's program funding is deducted from the total |
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state aid to which the school district is entitled. If a student |
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resides in a school district that does not receive state aid under |
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Chapter 42, the school district shall purchase attendance credits |
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under Section 41.093 in an amount equal to the amount of the |
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student's program funding. |
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(e) The student's program funding is the entitlement of the |
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student, under the supervision of the student's parent, and not |
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that of any school. |
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(f) A qualifying school may not share a student's program |
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funding with or refund or rebate a student's program funding to the |
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parent or the student in any manner. |
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(g) A student's program funding may not be financed by money |
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appropriated from the available school fund. |
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Sec. 29.357. PARTICIPATION BY QUALIFYING SCHOOLS. (a) To |
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participate in the program, a qualifying school must: |
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(1) either: |
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(A) be accredited by an accrediting association |
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recognized by the commissioner to accredit nongovernmental schools |
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in this state; or |
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(B) have filed an application for accreditation |
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by an accrediting association described by Paragraph (A) that has |
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not been withdrawn, denied, or left pending for more than three |
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years; |
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(2) not advocate or foster unlawful behavior or teach |
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hatred of any person or group on the basis of race, ethnicity, |
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national origin, or religion; |
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(3) comply with all health and safety laws applicable |
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to nongovernmental schools; and |
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(4) hold a valid occupancy permit if required by the |
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municipality in which the school is located. |
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(b) A qualifying school must comply with all state laws |
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applicable to nongovernmental schools regarding criminal |
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background checks for employees and may not employ a person who is |
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not authorized under state law to work in a nongovernmental school. |
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Sec. 29.358. ADMISSIONS. (a) A qualifying school chosen |
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by an eligible student's parent under this subchapter may not deny |
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admission by discriminating on the basis of the student's race, |
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ethnicity, or national origin and must comply with the requirements |
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of: |
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(1) 42 U.S.C. Section 2000d et seq. with respect to |
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nondiscrimination on the basis of race, color, or national origin; |
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and |
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(2) Section 504, Rehabilitation Act of 1973 (29 U.S.C. |
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Section 794), with respect to nondiscrimination on the basis of |
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disability. |
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(b) Except as provided by this subsection, a qualifying |
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school that has more qualified program applicants for attendance |
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under this subchapter than available positions must fill the |
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available program positions by a random selection process. To |
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achieve continuity in education, a school may give preference among |
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program applicants to a previously enrolled student and to other |
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students residing in the same household as a previously enrolled |
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student. |
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(c) A qualifying school may submit a written request for |
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student records from the public school previously attended by an |
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eligible student. Not later than the 10th working day after the |
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date the public school receives the request, the public school |
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shall deliver to the qualifying school a copy of the school's |
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complete student records for that student, including attendance |
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records, disciplinary records, past results of any assessment |
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instruments administered to the student, the student's |
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individualized educational program, and any other comprehensive |
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assessments from each school the student previously attended. A |
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public school that is required to release student records under |
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this subsection shall comply with any applicable provision of the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g). |
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Sec. 29.359. ACADEMIC ACCOUNTABILITY. (a) Each school |
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year, a qualifying school shall establish academic goals for each |
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eligible student enrolled in the school. The goals must be |
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developed in a manner similar to an individualized education |
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program developed under Section 29.005. At least every six weeks, |
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the school shall provide a report to the student's parent |
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describing the student's progress toward achieving the academic |
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goals developed for the student under this subsection. |
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(b) Each qualifying school that enrolls a student under this |
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subchapter shall annually administer in the spring: |
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(1) the appropriate assessment instrument required |
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under Section 39.023; or |
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(2) a nationally norm-referenced assessment |
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instrument approved by the agency. |
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(c) The school shall provide: |
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(1) the student's results on assessment instruments |
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required under Subsection (b) to the student's parent; and |
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(2) the aggregated results of the assessment |
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instruments required under Subsection (b) to the public. |
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Sec. 29.360. FINANCIAL SOLVENCY. The commissioner may |
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adopt rules requiring a qualifying school that accepts funding |
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under this subchapter to demonstrate financial solvency. |
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Sec. 29.361. QUALIFYING SCHOOL AUTONOMY. (a) A qualifying |
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school that accepts funding under this subchapter is not an agent or |
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arm of the state or federal government. |
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(b) Except as provided by this subchapter, the |
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commissioner, the agency, the State Board of Education, or any |
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other state agency may not regulate the educational program of a |
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qualifying school that accepts funding under this subchapter. |
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(c) A qualifying school that accepts funding under this |
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subchapter is not required to implement an individualized education |
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program developed for the student under Section 29.005. The |
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student's parent and the qualifying school are responsible for |
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determining the services and educational program to be provided to |
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the student in accordance with the academic goals developed for the |
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student under Section 29.359(a). |
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Sec. 29.362. RESPONSIBILITIES OF PARENT AND STUDENT. |
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(a) It is the responsibility of the parent of an eligible student |
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to: |
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(1) locate and select a qualifying school; |
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(2) apply for admission to the qualifying school; and |
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(3) for participation in the program, apply in the |
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manner provided under Section 29.356. |
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(b) A student participating in the program must comply with |
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the student code of conduct of the qualifying school the student |
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attends. A student must attend the qualifying school each school |
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day unless the student is excused by the school for illness or other |
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good cause. |
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Sec. 29.363. TRANSFER. (a) An eligible student |
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participating in the program may transfer to a public school or |
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another qualifying school in the manner authorized by commissioner |
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rule. If a student transfers to another school under this section |
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after the beginning of the school year, the commissioner shall |
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prorate the amount of the student's program funding between the |
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qualifying schools or the qualifying school and the school |
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district, as applicable, according to the length of the student's |
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attendance at each school. |
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(b) The commissioner may adopt rules regarding the |
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frequency with which a parent may transfer an eligible student from |
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a qualifying school to another qualifying school or to a public |
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school. |
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Sec. 29.364. RULES. (a) The commissioner shall adopt |
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rules as necessary to implement, administer, and enforce the |
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program, including rules regarding: |
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(1) the calculation and distribution of payments for |
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qualifying schools; |
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(2) application and approval procedures for |
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qualifying school and student participation in the program, |
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including time lines for the application and approval procedures; |
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and |
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(3) student transfers under Section 29.363. |
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(b) A rule adopted under this section is binding on any |
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other state or local governmental entity, including a political |
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subdivision, as necessary to implement, administer, and enforce the |
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program. |
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Sec. 29.365. PROGRAM COMPLIANCE. (a) The agency shall |
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enforce this subchapter and any rule adopted under this subchapter |
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and may withhold funds from any district or qualifying school that |
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violates this subchapter or a rule adopted under this subchapter. |
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(b) The commissioner may revoke a qualifying school's |
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permission to participate in the program if the commissioner |
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determines that the school: |
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(1) has not met the requirements provided by this |
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subchapter; |
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(2) has intentionally and substantially |
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misrepresented information required by this subchapter; or |
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(3) has failed to refund to the state in a timely |
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manner any overpayment of program funding made to the school. |
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(c) If the commissioner revokes a qualifying school's |
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permission to participate in the program under Subsection (b), the |
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agency shall immediately notify the parent of an eligible student |
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attending the school of the revocation. |
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Sec. 29.366. LIABILITY. The agency is not civilly liable |
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for any action arising as the result of a student's participation in |
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the program. |
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Sec. 29.367. EVALUATION OF PROGRAM. (a) The commissioner |
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shall designate an impartial organization with experience in |
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evaluating programs similar to the program established under this |
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subchapter to conduct an annual evaluation of the program. The |
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evaluation must be conducted without the use of state funds. |
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(b) An evaluation under this section must compare |
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differences between qualifying schools and public schools and must |
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include consideration of: |
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(1) student satisfaction; |
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(2) parent satisfaction; |
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(3) behavioral problems of program students attending |
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qualifying schools as compared with students attending public |
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schools; |
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(4) class size; |
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(5) the fiscal impact to the state and school |
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districts; |
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(6) academic performance by comparable students as |
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measured by an assessment instrument required under Section |
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29.359(b); |
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(7) factors resulting in more than 25 percent of |
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eligible students in a school district attending a different school |
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district or a qualifying school under this subchapter; and |
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(8) the practices of a qualifying school that |
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contribute to any change in student behavior or academic |
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performance. |
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(c) The evaluation must apply appropriate analytical and |
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behavioral science methodologies to ensure public confidence in the |
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evaluation. |
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(d) Not later than December 1, 2010, the commissioner shall |
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submit to each member of the legislature a copy of the evaluation |
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conducted under this section. |
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(e) School districts and qualifying schools shall cooperate |
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with the organization conducting the evaluation and shall provide |
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student assessment instrument results and any other information |
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necessary to complete the evaluation in compliance with any |
|
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applicable provision of the Family Educational Rights and Privacy |
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Act of 1974 (20 U.S.C. Section 1232g). |
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(f) The agency may accept grants to assist in funding the |
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evaluation. |
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Sec. 29.368. APPLICATION OF SUNSET ACT. (a) The autism |
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services accessibility program is subject to Chapter 325, |
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Government Code (Texas Sunset Act), as if the program were a state |
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agency. Unless continued in existence as provided by that chapter, |
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the program is abolished and this chapter expires September 1, |
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2017. |
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(b) To the extent Chapter 325, Government Code, imposes a |
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duty on a state agency under review, the agency shall perform that |
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duty as it relates to the program. |
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SECTION 2. Subchapter B, Chapter 8, Education Code, is |
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amended by adding Section 8.058 to read as follows: |
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Sec. 8.058. AUTISM SERVICES ACCESSIBILITY AND TRAINING |
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COORDINATION INITIATIVE. (a) In this section, "initiative" means |
|
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the autism services accessibility and training coordination |
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initiative established under this section. |
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(b) The agency shall select and contract with a regional |
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education service center to implement an initiative to coordinate |
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services and training on a statewide basis for educators who serve |
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students with autism. |
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(c) The regional education service center selected under |
|
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Subsection (b) shall coordinate with the agency to establish and |
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maintain the initiative. The initiative shall include training, |
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technical assistance, and support for educators who serve students |
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with autism. Each regional education service center shall assist |
|
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the selected service center in the coordination of services and |
|
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training under this section. |
|
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(d) The regional education service center selected by the |
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agency under Subsection (b) shall: |
|
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(1) study current training options available at the |
|
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regional education service centers and other entities in the state |
|
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for educators who serve students with autism; |
|
|
(2) study the access given to educators who serve |
|
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students with autism to attend training programs; |
|
|
(3) develop appropriate training for educators who |
|
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serve students with autism, including scientifically based |
|
|
training; |
|
|
(4) coordinate the delivery of training on a statewide |
|
|
basis, including the use of stipends for educators who attend |
|
|
training programs; |
|
|
(5) coordinate with other service centers to deliver |
|
|
and implement the training; and |
|
|
(6) develop procedures for school districts to use in |
|
|
determining the training needs of educators who serve students with |
|
|
autism, including: |
|
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(A) evaluating student count and distribution; |
|
|
(B) conducting an inventory of staff knowledge; |
|
|
(C) conducting an inventory of staff resources; |
|
|
and |
|
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(D) conducting an evaluation of community and |
|
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regional resources. |
|
|
(e) The regional education service center selected under |
|
|
Subsection (b) shall: |
|
|
(1) develop a guidebook for educators and parents |
|
|
regarding appropriate practices and policies for providing |
|
|
services for students with autism, which must include: |
|
|
(A) diagnostic considerations; |
|
|
(B) instructional and behavioral management |
|
|
strategies; |
|
|
(C) recommended instructional practices; and |
|
|
(D) suggestions for developing an individualized |
|
|
education program for a student with autism; and |
|
|
(2) develop and maintain an Internet website to |
|
|
provide information regarding services available in this state for |
|
|
educators who serve students with autism and parents of students |
|
|
with autism, which must include information regarding: |
|
|
(A) the diagnosis of autism; |
|
|
(B) current research on autism; |
|
|
(C) recommended instructional practices for |
|
|
students with autism; |
|
|
(D) state and national autism organizations, |
|
|
including contact information; and |
|
|
(E) state and national conferences addressing |
|
|
the needs of students with autism. |
|
|
(f) The regional education service center selected under |
|
|
Subsection (b) shall collaborate with the Texas Council on Autism |
|
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and Pervasive Developmental Disorders in administering the |
|
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initiative. |
|
|
(g) The commissioner may adopt rules as necessary to |
|
|
implement the initiative. |
|
|
SECTION 3. The Texas Education Agency shall expend not more |
|
|
than $125,000 in each fiscal year to implement the provisions of |
|
|
this Act. |
|
|
SECTION 4. (a) The Texas Education Agency shall make the |
|
|
autism services accessibility program under Subchapter J, Chapter |
|
|
29, Education Code, as added by this Act, available for |
|
|
participation beginning with the 2008-2009 academic school year. |
|
|
(b) As soon as practicable, the commissioner of education |
|
|
shall adopt and implement rules necessary for the administration of |
|
|
the autism services accessibility program. |
|
|
SECTION 5. This Act takes effect September 1, 2007. |
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* * * * * |