Bill Text: TX SB542 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to alternative dispute resolution methods regarding educational services for students with disabilities, including individualized education program facilitation.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB542 Detail]
Download: Texas-2013-SB542-Enrolled.html
| S.B. No. 542 | ||
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| relating to alternative dispute resolution methods regarding | ||
| educational services for students with disabilities, including | ||
| individualized education program facilitation. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 29, Education Code, is | ||
| amended by adding Sections 29.019 and 29.020 to read as follows: | ||
| Sec. 29.019. INDIVIDUALIZED EDUCATION PROGRAM | ||
| FACILITATION. (a) The agency shall provide information to parents | ||
| regarding individualized education program facilitation as an | ||
| alternative dispute resolution method that may be used to avoid a | ||
| potential dispute between a school district and a parent of a | ||
| student with a disability. A district that chooses to use | ||
| individualized education program facilitation shall provide | ||
| information to parents regarding individualized education program | ||
| facilitation. The information: | ||
| (1) must be included with other information provided | ||
| to the parent of a student with a disability, although it may be | ||
| provided as a separate document; and | ||
| (2) may be provided in a written or electronic format. | ||
| (b) Information provided by the agency under this section | ||
| must indicate that individualized education program facilitation | ||
| is an alternative dispute resolution method that some districts may | ||
| choose to provide. | ||
| (c) If a school district chooses to offer individualized | ||
| education program facilitation as an alternative dispute | ||
| resolution method: | ||
| (1) the district may determine whether to use | ||
| independent contractors, district employees, or other qualified | ||
| individuals as facilitators; | ||
| (2) the information provided by the district under | ||
| this section must include a description of any applicable | ||
| procedures for requesting the facilitation; and | ||
| (3) the facilitation must be provided at no cost to a | ||
| parent. | ||
| (d) The use of any alternative dispute resolution method, | ||
| including individualized education program facilitation, must be | ||
| voluntary on the part of the participants, and the use or | ||
| availability of any such method may not in any manner be used to | ||
| deny or delay the right to pursue a special education complaint, | ||
| mediation, or due process hearing in accordance with federal law. | ||
| (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 | ||
| admission, review, and dismissal committee meetings. | ||
| (f) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| Sec. 29.020. INDIVIDUALIZED EDUCATION PROGRAM FACILITATION | ||
| PROJECT. (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 | ||
| 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. | ||
| (b) The rules must include: | ||
| (1) a definition of independent individualized | ||
| education program facilitation; | ||
| (2) forms and procedures for requesting, conducting, | ||
| and evaluating independent individualized education program | ||
| facilitation; | ||
| (3) training, knowledge, experience, and performance | ||
| requirements for independent facilitators; and | ||
| (4) conditions required to be met in order for the | ||
| agency to provide individualized education program facilitation at | ||
| no cost to the parties. | ||
| (c) If the commissioner determines that adequate funding is | ||
| available, the commissioner may authorize the use of federal funds | ||
| to implement the individualized education program facilitation | ||
| project in accordance with this section. | ||
| (d) The commissioner shall adopt rules necessary to | ||
| implement this section. | ||
| SECTION 2. This Act applies beginning with the 2014-2015 | ||
| school year. | ||
| 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 542 passed the Senate on | ||
| April 18, 2013, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 542 passed the House on | ||
| May 20, 2013, by the following vote: Yeas 114, Nays 26, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
