Bill Text: TX HB1075 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to payments to school districts for certain special education evaluations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-02-26 - Referred to Public Education [HB1075 Detail]
Download: Texas-2019-HB1075-Introduced.html
| 86R4989 SOS-D | ||
| By: González of El Paso | H.B. No. 1075 | |
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| relating to payments to school districts for certain special | ||
| education evaluations. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 29, Education Code, is | ||
| amended by adding Section 29.0042 to read as follows: | ||
| Sec. 29.0042. PAYMENTS FOR FULL INDIVIDUAL AND INITIAL | ||
| EVALUATIONS. (a) Each school year from funds available to the | ||
| agency for the purpose, a school district is entitled to receive a | ||
| $1,000 payment for each full individual and initial evaluation the | ||
| district conducts under Section 29.004 during that school year. | ||
| Payments authorized under this section are in addition to other | ||
| funding the district receives through other provisions of this | ||
| code, including the allotment provided under Section 42.152. | ||
| (b) To receive payment under this section for a school year, | ||
| a school district must submit to the commissioner on or before a | ||
| date established by commissioner rule: | ||
| (1) a list that identifies each evaluation conducted | ||
| by the district under Section 29.004 for the year; and | ||
| (2) documentation sufficient to verify each | ||
| evaluation for which the district requests a payment. | ||
| (c) The commissioner shall approve an evaluation for | ||
| payment under this section if the commissioner determines a school | ||
| district's documentation submitted under Subsection (b) for the | ||
| evaluation is sufficient. | ||
| (d) If the funds available for a school year are not | ||
| sufficient to make a full $1,000 payment for each evaluation | ||
| approved for payment for that year, the commissioner shall reduce | ||
| the payment amount provided for each evaluation approved | ||
| proportionately to an amount equal to the total amount of funds | ||
| available for payments under this section divided by the total | ||
| number of evaluations approved. | ||
| (e) The commissioner shall adopt rules as necessary to | ||
| implement this section, including rules: | ||
| (1) to provide guidance for submitting a request for | ||
| payment, including submitting documentation for verification of an | ||
| evaluation under Subsection (b); and | ||
| (2) to ensure this section complies with federal law | ||
| regarding confidentiality of student medical or educational | ||
| information, including the Health Insurance Portability and | ||
| Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.) and the | ||
| Family Educational Rights and Privacy Act of 1974 (20 U.S.C. | ||
| Section 1232g), and any state law relating to the privacy of student | ||
| information. | ||
| SECTION 2. (a) This Act applies beginning with the | ||
| 2019-2020 school year. | ||
| (b) As soon as practicable after the effective date of this | ||
| Act, the commissioner of education shall adopt rules necessary to | ||
| implement Section 29.0042, Education Code, as added by this Act. | ||
| SECTION 3. 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, 2019. | ||
