Notes on the 85th Texas Legislature Regular and Special Session Special Education Whitney Broughton, Chief Information Officer for Texas System of Education Service Centers, provided a simple overview of bills that passed the 85th Texas Legislature in the Regular and Special Sessions. This is not an end all be all document but rather observations that Whitney made regarding bills that might impact special education now and in the future. Regular Session: H.B. 490 (Anderson, Rodney) Effective September 1, 2017 Relating to health benefit plan coverage of hearing aids and cochlear implants for certain individuals. This bill amends the insurance code to require a health benefit plan to cover hearing aids and cochlear implants for individuals who are 18 years of age or younger. • This applies to private health benefit plans. Does not apply to Medicare or state Medicaid Program • Coverage include treatments and services related to hearing aids and cochlear implants, is limited to one hearing aide in each ear ever three years and one cochlear implant in each ear with internal replacement as medically or audio logically necessary. H.B. 657 (Bernal) Effective Immediately Relating to procedures for a student enrolled in a special education program who fails to perform satisfactorily on certain assessment instruments. This bill seeks to prevent unnecessary retesting and reduce the grade retention and dropout rates for special education students by authorizing the admission, review, and dismissal (ARD) committee of a student enrolled in a special education program who fails to perform satisfactorily on certain tests to decide if progress toward the measurable academic goals in the student's IEP serves as justification for promotion in fifth and eighth grades. • A school district must alert parent or guardian of a student enrolled in a special education program of the option to promote using this process if a student is unsuccessful on an assessment instrument by September 1 of each school year. H.B. 928 (White) Effective Immediately Relating to assisting certain children who are in foster care in the process of applying to institutions of higher education. This bill increases the responsibility of school districts in the transition of student eligible for a tuition and fee waiver under Section 54.366.

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Help with completion of any applications for admission or for financial aid Arranging and accompanying a child on a campus visit Assisting in researching and applying for private or institution-sponsored scholarships Candidacy for appointment to a military academy Assistance in registering and preparing for college entrance exams, and possible payment of examination fees. Helping to coordinate contact with liaison officer designated under Section 61.0908

H.B. 1556 (González, Mary) Effective September 1, 2017 Relating to the appointment of foster parents and other qualified persons to serve as educational decision-makers for certain children in the conservatorship of the Department of Family and Protective Services. •

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This bill seeks to clarify a foster parent's role in representing a child with a disability in the education system. Department of Family and Protective Services (DFPS) is appointed as the temporary or permanent managing conservator of a child. o If child has been placed with foster parent for at least 60 days, and the foster parent agrees to participate in making special education decisions. Foster parent must complete training program (completed within the first 90 days). School district cannot require a foster parent to retake training program for an additional or another child. o TEA will establish the minimum standards for any training programs established under this law. Complaints for being denied the right to act as a parent will go to TEA. DFPS must notify within 5 days after enrollment whether a foster parent is unwilling or unable to act as the “parent” in special education program. If no parent is available the school district must appoint a “surrogate parent”. This individual cannot be an employee of the state, school district, or any other agency involved in education, or having any interest that conflicts with the interests of the child. o If the appointed surrogate is not preforming adequately the school district must consult with DFPS.

H.B. 1886 (Miller) Effective Immediately Relating to dyslexia screening and testing in public schools, the employment of dyslexia specialists by regional education service centers, the development of a list of training opportunities for educators regarding dyslexia, and transition planning for students enrolled in a special education program. This bill requires students enrolled be screened or tested for dyslexia and related disorders at the end of the kindergarten and first grade school years. Additionally, this bill adds the idea that help, involvement should be appropriate within the transitional programming for students.

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A transitioning guide will be created and made available to districts and parents. Students must be notified a year before their 18th birthday regarding rights and such regarding transition services o Transition parts of this bill apply to the 2018 – 2019 school year Dyslexia screening must start in 2017 – 2018 school year.

H.B. 2130 (Roberts) Effective Immediately Relating to a study conducted by the Texas Education Agency regarding the statewide assessment program in relation to students in special education programs. This bill requires the Texas Education Agency, in conducting the study, to address whether it has determined that the administration of alternate tests to students in a special education program complies with the federal Every Student Succeeds Act. The study will help decide whether administering other state-required tests to students in a special education program will provide an accurate assessment of the academic achievement of the students and cause specified results. Finally, the study is intended to show if making a statutory change exempting students in a special education program from the administration of any statewide standardized test unless the student's parent or guardian requests such administration would impact the statewide assessment program and the extent of any such impact, including any legal impact. • Report of findings will be delivered October 1, 2018. This report will be published on the TEA website. H.B. 2904 (White) Effective September 1, 2017 Relating to the memorandum of understanding among certain agencies to coordinate services provided to persons needing multiagency services. Community resource coordination groups (CRCG) coverage is inconsistent across the state. Some counties have robust CRCGs that meet regularly, some CRCGs meet infrequently, and some counties are no longer served by a CRCG. These inconsistencies, coupled with the fact that there are too many instances in which efforts are being duplicated by state agencies, suggest a need for improved cooperation, so to provide better assistance for our Texas children. This bill tasks the Health and Human Services Commission, the Department of Family and Protective Services, the Department of State Health Services, and the Texas Education Agency to coordinate services administered to our Texas children. As part of this coordination effort, the agencies shall provide guidance to local agencies and service providers participating in CRCGs on the range of programs and services available across systems, best practices for service planning and delivery, information sharing, resource development, and promoting the delivery of effective services in the least restrictive setting appropriate

H.B. 3632 (Moody) Effective Immediately Relating to notice of an extension of the timeline for a parent to request a special education impartial due process hearing in certain circumstances. This bill amends the notice of an extension of the timeline for a parent to request a special education impartial due process hearing for military families. • Due to circumstance many military families need more than one year to meet deadlines. This bill allows those families to invoke federal law. S.B. 160 (Rodríguez) Effective Immediately Relating to a prohibition of a monitoring system performance indicator based solely on the number or percentage of students receiving special education services. This bill prohibits TEA from collecting information from schools on the number of special education students located within a campus. It codifies that certain data collection should still occur. Information that will still be collected includes: • Identification of a child and their particular impairments • Placement of a child in particular educational settings • Disciplinary actions against students with disabilities, this include suspensions and expulsions. • Information to ensure there is not a disproportionate representation of racial and ethnic groups in special education or related services. S.B. 436 (Rodríguez) Effective September 1, 2017 Relating to the operation of the special education continuing advisory committee. This bill requires that Texas Special Education Continuing Advisory Committee (SECAC) meetings be governed by the Texas Open Meetings Act. S.B. 463 (Seliger) Effective Immediately. Relating to the use of individual graduation committees to satisfy certain public high school graduation requirements and other alternative methods to satisfy certain public high school graduation requirements. This bill removes the original sunset date put on individual graduation committees (IGC). Additionally, the bill designates the last school the student was enrolled in or is enrolled in will determine whether the student is eligible to graduate through an IGC. The commissioner will need to determine what alternative requirements must be met to be eligible for an IGC

S.B. 748 (Zaffirini) Effective Immediately Relating to transition planning for a public school student enrolled in a special education program. This bill modernizes the Education Code to recognize Supported decision-making agreements (SDMAs) as an alternative to guardianship and maximizes the autonomy of persons with disabilities. What's more, it requires a more comprehensive guide for school districts relating to transition planning. • The commissioner must adopt procedures for federal compliance in transition planning. • A student’s ARD must meet yearly to update the transition plan for the student. • A transition guide will be developed by TEA to help school districts in this process. S.B. 922 (Buckingham) Effective September 1, 2017 Relating to the reimbursement of certain providers under the Medicaid program for the provision of telehealth service. Previously, the legislature passed legislation that allowed telehealth to occur in a school setting. This bill goes further to allow for Medicaid reimbursement of certain therapy services administered through telehealth technology in a school-based setting. • Stipulates that only health professionals acting within their practice may provide telehealth services. • Must obtain consent from parent or guardian and the presence of an onsite health professional with services are provided. S.B. 1021 (Nelson) Effective Immediately Relating to reports on the consolidation and certain functions of the health and human services system, including advisory committees within the system, and the re-creation of the Texas system of care framework. This bill requires HHSC to implement a system of care framework to develop local mental health systems of care in communities for minors who are receiving residential mental health services and supports or inpatient mental health hospitalization, have or are at risk of developing a serious emotional disturbance, or are at risk of being removed from the minor's home and placed in a more restrictive environment to receive mental health services and supports, including an inpatient mental health hospital, a residential treatment facility, or a facility or program operated by DFPS or an agency that is part of the juvenile justice system. S.B. 1051 (Watson) Effective September 1, 2017 Relating to the accommodation of a deaf or hard of hearing student in driver education; authorizing a fee.

This bill requires an accommodation for students that are hard of hearing to participate in driver education programs. • Course will be created using American Sign Language • A fee can be charged for the course. S.B. 1153 (Menéndez) Effective Immediately Relating to parental rights and information regarding certain intervention strategies used with public school students. This bill ensures parents have access to their student’s records in regard to intervention strategies and services provided. Specifically: • Adds intervention strategies documentation to a student record • A parent must be notified of all assistance and interventions a student may receive, the timing, and duration. HB 4 • Each school district must annually report the total number of students using intervention strategies (defined in Section 26.004) and 504 services through PEIMS S.B. 1398 (Lucio) Effective Immediately Relating to the placement and use of video cameras in certain self-contained classrooms or other settings providing special education services. This bill clarifies previous legislation to ensure intent and implementation. Specifically, how a video camera is requested. That the operation must continue for the remainder of a school year. Specifies which areas of the classroom should be covered or are prohibited from being covered. All those individuals operating in that classroom must be notified a camera is going to be used. Requires the release of any video showing a possible violation of school policy be given to the student’s parent. Creates an expedited review process of issues arising from the video camera. S.B. 2080 (Taylor, Larry) Dependent on Appropriation Effective September 1, 2017 Relating to a requirement that school districts and open-enrollment charter schools report certain information regarding children with disabilities who reside in residential facilities. Each school district and charter school must report the number of children with disabilities residing in residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) System and receive educational services from the district or school through PEIMS.

S.B. 2141 (Taylor, Larry) Effective Immediately Relating to requirements for a representative for a student in a special education due process hearing. Commissioner will adopt rules to require individuals receiving monetary compensation for representation in an impartial due process hearing that that individual agree to abide by a voluntary code of ethics and professional conduct. Additionally, these two parties must have written agreement for representation and an outlined process to resolve disputes. Special Session: H.B. 22 (Huberty) Rolling Effectiveness Relating to public school finance, including funding for the recruitment and retention of teachers and the support of participants in the public school employees group insurance program. This bill, among other provision, establishes two grant programs for schools that offer dyslexia and autism programs for students. TEA will be creating the application and deciding the 10 winners for each grant. H.B. 30 (Zerwas) Effective Immediately Relating to the transfer of certain appropriations to the Texas Education Agency and the Teacher Retirement System of Texas and the adjustment of appropriations for public school finance. This bill is the funding mechanism for H.B. 21. Provides $20 million dollars for each of the two grant programs.