S.B. No. 748

	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 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;
	(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 a
	referral of [referring] a student or the student's parents to a
	governmental agency for services or public benefits, including a
	referral 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 appropriate:
	(A)  supplementary aids, services, curricula, and
	other opportunities to assist the student in developing
	decision-making skills; and
	(B)  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 develop and post on the
	agency's Internet website a list of services and public benefits
	for which referral may be appropriate under 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.
	(c)  The commissioner shall review and, if necessary, update
	the minimum training guidelines developed under Subsection (b) at
	least once every four years.  In reviewing and updating the
	guidelines, the commissioner shall solicit input from
	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 the option to place the student on a waiting list with a
	governmental agency 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));
	(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), (c-3), (e), and (f) 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 provided under 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.
	(c-3)  The commissioner shall develop and post on the
	agency's Internet website a model form for use by school districts
	in notifying students and parents as required by Subsections (c)
	and (c-1).  The form must include the information and resources
	described by Subsection (c).  The commissioner shall review and
	update the form, including the information and resources, as
	necessary.
	(d)  The commissioner shall develop and post on the agency's
	Internet website the information and resources described by
	Subsections (c), (c-1), and (c-2).
	(e)  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.
	(f)  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 2018-2019
	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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 748 passed the Senate on
	May 9, 2017, by the following vote:  Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 748 passed the House on
	May 24, 2017, by the following vote:  Yeas 143, Nays 3, two
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor