2017S0118-1 01/27/17
 
  By: Allen H.B. No. 4027
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to transition planning for a public school student
  enrolled in a special education program.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.011, Education Code, is amended to
  read as follows:
         Sec. 29.011.  TRANSITION PLANNING. (a)  The commissioner
  shall by rule adopt procedures for compliance with federal
  requirements relating to transition services for students who are
  enrolled in special education programs under this subchapter.  The
  procedures must specify the manner in which a student's admission,
  review, and dismissal committee must consider[,] and appropriately
  [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 [parental] 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,
  appropriate [parental] 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, or a similar agreement;
               (4)  appropriate [any] postsecondary education
  options, including preparation for postsecondary-level coursework;
               (5)  an appropriate [a] 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; [and]
               (9)  appropriate circumstances for facilitating the
  referral of [referring] a student or the student's parents to a
  governmental agency for services and public benefits, including
  facilitating the referral of the student or the student's parents
  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:
                     (A)  appropriate supplementary aids, services,
  curriculum, and other opportunities to assist the student in
  developing decision-making skills; and
                     (B)  appropriate 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 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.
         (a-2)  The commissioner shall maintain on the agency's
  Internet website a list of the services and public benefits
  described by Subsection (a)(9).
         (b)  The commissioner shall require each school district or
  shared services arrangement to designate at least one employee to
  serve as the district's or shared services arrangement's designee
  on transition and employment services for students enrolled in
  special education programs under this subchapter.  The commissioner
  shall develop minimum training guidelines for a district's or
  shared services arrangement's designee.  An individual designated
  under this subsection must provide information and resources about
  effective transition planning and services, including each issue
  described by Subsection (a), and interagency coordination to ensure
  that local school staff communicate and collaborate with:
               (1)  students enrolled in special education programs
  under this subchapter and the parents of those students; and
               (2)  as appropriate, local and regional staff of the:
                     (A)  Health and Human Services Commission;
                     (B)  Texas Workforce Commission  [Department of
  Aging and Disability Services];
                     (C)  [Department of Assistive and Rehabilitative
  Services;
                     [(D)]  Department of State Health Services; and
                     (D) [(E)]  Department of Family and Protective
  Services.
         (b-1)  At least every four years, the commissioner shall
  review and, if necessary, update the minimum training guidelines
  described by Subsection (b). In reviewing the guidelines, the
  commissioner shall solicit input from interested stakeholders.
         SECTION 2.  Sections 29.0112(b) and (e), Education Code, are
  amended to read as follows:
         (b)  The transition and employment guide must be written in
  plain language and contain information specific to this state
  regarding:
               (1)  transition services;
               (2)  employment and supported employment services;
               (3)  social security programs;
               (4)  community and long-term services and support,
  including information regarding placing the student on a waiting
  list for public benefits available to the student from a
  governmental agency, such as a waiver program established under
  Section 1915(c), Social Security Act (42 U.S.C. Section 1396n(c));
               (5)  postsecondary educational programs and services,
  including the inventory maintained by the Texas Higher Education
  Coordinating Board under Section 61.0663;
               (6)  information sharing with health and human services
  agencies and providers;
               (7)  guardianship and alternatives to guardianship,
  including a supported decision-making agreement under Chapter
  1357, Estates Code;
               (8)  self-advocacy, person-directed planning, and
  self-determination; and
               (9)  contact information for all relevant state
  agencies.
         (e)  A school district shall:
               (1)  post the transition and employment guide on the
  district's website if the district maintains a website; [and]
               (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 admission,
  review, and dismissal committee at which transition is discussed;
  and [or]
                     (B)  the first 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 [becomes available, if a student has already had
  an admission, review, and dismissal committee meeting discussing
  transition].
         SECTION 3.  Section 29.017, Education Code, is amended by
  amending Subsections (c) and (d) and adding Subsections (c-1),
  (c-2), (e), (f), and (g) to read as follows:
         (c)  Not later than one year before the 18th birthday of a
  student with a disability, the school district at which the student
  is enrolled shall:
               (1)  provide to the student and the student's parents:
                     (A)  written notice regarding the transfer of
  rights under this section; and
                     (B)  information and resources regarding
  guardianship, alternatives to guardianship, including a supported
  decision-making agreement under Chapter 1357, Estates Code, and
  other supports and services that may enable the student to live
  independently; and
               (2)  ensure that the student's individualized education
  program includes a statement that the district provided the notice,
  information, and resources required under Subdivision (1).
         (c-1)  In accordance with 34 C.F.R. Section 300.520
  [300.517], the school district shall provide written notice to
  [notify] the student and the student's parents of the transfer of
  rights under this section. The notice must include the information
  and resources described by Subsection (c)(1)(B).
         (c-2)  If a student with a disability or the student's parent
  requests information regarding guardianship or alternatives to
  guardianship from the school district at which the student is
  enrolled, the school district shall provide to the student or
  parent information and resources on supported decision-making
  agreements under Chapter 1357, Estates Code.
         (d)  Nothing in this section prohibits a student from
  entering into a supported decision-making agreement under Chapter
  1357, Estates Code, after the transfer of rights under this
  section. 
         (e)  The commissioner shall develop a model form for use by
  school districts in notifying students and parents under
  Subsections (c) and (c-1). The commissioner shall post the form on
  the agency's Internet website.
         (f)  The commissioner shall develop and update as necessary
  the information and resources described by Subsections (c), (c-1),
  and (c-2). The commissioner shall post the information and
  resources on the agency's Internet website.
         (g)  The commissioner shall adopt rules implementing the
  provisions of 34 C.F.R. Section 300.520(b) [300.517(b)].
         SECTION 4.  This Act applies beginning with the 2017-2018
  school year.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2017.