SB 568

relating to special education in public schools, including funding
for special education under the Foundation School Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 8.051(d), Education Code, is amended to
(d)  Each regional education service center shall maintain
core services for purchase by school districts and campuses.  The
(1)  training and assistance in:
(A)  teaching each subject area assessed under
(B)  providing instruction in personal financial
literacy as required under Section 28.0021;
(2)  training and assistance in providing each program
that qualifies for a funding allotment under Section 48.102,
48.1021, 48.104, 48.105, or 48.109;
(3)  assistance specifically designed for a school
district or campus assigned an unacceptable performance rating
(4)  training and assistance to teachers,
administrators, members of district boards of trustees, and members
of site-based decision-making committees;
(5)  assistance specifically designed for a school
district that is considered out of compliance with state or federal
special education requirements, based on the agency's most recent
compliance review of the district's special education programs; and
(6)  assistance in complying with state laws and rules.
SECTION 2.  Section 29.001, Education Code, is amended to
Sec. 29.001.  IMPLEMENTATION OF SPECIAL EDUCATION
LAW [STATEWIDE PLAN].  (a)  As the state education agency
responsible for carrying out the purposes of Part B, Individuals
with Disabilities Education Act (20 U.S.C. Section 1411 et seq.),
the [The] agency shall develop, and revise [modify] as necessary, a
comprehensive system to ensure statewide and local compliance
[design, consistent] with federal and state law related to special
education[, for the delivery of services to children with
disabilities in this state that includes rules for the
administration and funding of the special education program so that
a free appropriate public education is available to all of those
children between the ages of three and 21].
(b)  The comprehensive system [statewide design] shall
include the provision of services primarily through school
districts and shared services arrangements, supplemented by
regional education service centers.
(c)  The comprehensive system [agency] shall focus on
maximizing student outcomes and include [also develop and implement
a statewide plan with programmatic content that includes procedures
(1)  rulemaking, technical assistance, guidance
documents, monitoring protocols, and other resources as necessary
to implement and ensure compliance with federal and state law
related to special education [ensure state compliance with
requirements for supplemental federal funding for all
state-administered programs involving the delivery of
instructional or related services to students with disabilities];
(2)  the facilitation of [facilitate] interagency
coordination when other state agencies are involved in the delivery
of instructional or related services to students with disabilities;
(3)  the pursuit of [periodically assess statewide
personnel needs in all areas of specialization related to special
education and pursue] strategies to meet statewide special
education and related services personnel [those] needs [through a
consortium of representatives from regional education service
centers, local education agencies, and institutions of higher
education and through other available alternatives];
(4)  ensuring [ensure] that regional education service
centers throughout the state maintain a regional support function,
which may include direct service delivery and a component designed
to facilitate the placement of students with disabilities who
cannot be appropriately served in their resident districts;
(5)  [allow the agency to] effectively monitoring
[monitor] and periodically conducting [conduct] site visits of all
school districts to ensure that rules adopted under this subchapter
[section] are applied in a consistent and uniform manner, to ensure
that districts are complying with those rules, and to ensure that
annual statistical reports filed by the districts and not otherwise
available through the Public Education Information Management
System under Sections 48.008 and 48.009 are accurate and complete;
(6)  the provision of training and technical assistance
(A)  appropriately trained personnel are involved
in the diagnostic and evaluative procedures operating in all
districts and that those personnel routinely serve on district
admissions, review, and dismissal committees;
(B)  [(7)  ensure that] an individualized
education program for each student with a disability is properly
developed, implemented, and maintained in the least restrictive
environment that is appropriate to meet the student's educational
(C)  [(8)  ensure that,] when appropriate, each
student with a disability is provided an opportunity to participate
in career and technology and physical education classes[, in
addition to participating in regular or special classes];
(D)  [(9)  ensure that] each student with a
disability is provided necessary related services;
(E)  [(10)  ensure that] an individual assigned
to act as a surrogate parent for a child with a disability, as
provided by 20 U.S.C. Section 1415(b), is required to:
(i) [(A)]  complete a training program that
complies with minimum standards established by agency rule;
(ii) [(B)]  visit the child and the child's
(iii) [(C)]  consult with persons involved
in the child's education, including teachers, caseworkers,
court-appointed volunteers, guardians ad litem, attorneys ad
litem, foster parents, and caretakers;
(iv) [(D)]  review the child's educational
(v) [(E)]  attend meetings of the child's
admission, review, and dismissal committee;
(vi) [(F)]  exercise independent judgment
in pursuing the child's interests; and
(vii) [(G)]  exercise the child's due
process rights under applicable state and federal law; and
(F)  [(11)  ensure that] each district develops a
process to be used by a teacher who instructs a student with a
disability in a regular classroom setting:
(i) [(A)]  to request a review of the
student's individualized education program;
(ii) [(B)]  to provide input in the
development of the student's individualized education program;
(iii) [(C)]  that provides for a timely
district response to the teacher's request; and
(iv) [(D)]  that provides for notification
to the student's parent or legal guardian of that response.
SECTION 3.  Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0012 to read as follows:
Sec. 29.0012.  ANNUAL MEETING ON SPECIAL EDUCATION.  (a)  At
least once each year, the board of trustees of a school district or
the governing body of an open-enrollment charter school shall
include during a public meeting a discussion of the performance of
students receiving special education services at the district or
(b)  The agency by rule shall adopt a set of performance
indicators for measuring and evaluating the quality of learning and
achievement for students receiving special education services at
the school district or open-enrollment charter school to be
considered at a meeting held under this section.  The indicators
must include performance on the college, career, or military
readiness outcomes described by Section 48.110.
SECTION 4.  Section 29.003, Education Code, is amended to
Sec. 29.003.  ELIGIBILITY CRITERIA.  (a)  The agency shall
develop specific eligibility criteria based on the general
classifications established by this section and in accordance with
federal law [with reference to contemporary diagnostic or
evaluative terminologies and techniques].  Eligible students with
disabilities shall enjoy the right to a free appropriate public
education, which may include instruction in the regular classroom,
instruction through special teaching, or instruction through
contracts approved under this subchapter.  Instruction shall be
supplemented by the provision of related services when appropriate.
(b)  A student is eligible to participate in a school
district's special education program [if the student]:
(1)  from birth through [is not more than] 21 years of
age if the student [and] has a visual [or auditory] impairment or is
deaf or hard of hearing and that disability prevents the student
from being adequately or safely educated in public school without
the provision of special education services; [or]
(2)  from three years of age through five years of age
if the student is experiencing developmental delays as described by
20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or
(3)  from 3 years of age through [is at least three but
not more than] 21 years of age if the student [and] has one or more
of the [following] disabilities described by 20 U.S.C. Section
1401(3)(A) and that disability prevents the student from being
adequately or safely educated in public school without the
provision of special education services[:
[(B)  intellectual or developmental disability;
SECTION 5.  Sections 29.005(d) and (e), Education Code, are
(d)  If the child's parent primarily uses a language or mode
of communication other than [is unable to speak] English, the
(1)  if the parent primarily uses Spanish, provide the
parent with a written or audiotaped copy of the child's
individualized education program translated into Spanish [if
Spanish is the parent's native language]; or
(2)  if the parent primarily uses a [parent's native]
language or mode of communication [is a language] other than
Spanish, make a good faith effort to provide the parent with a
written or audiotaped copy of the child's individualized education
program translated into the parent's primary [native] language or
(e)  The commissioner by rule may require a school district
to include in the individualized education program of a student
with autism [or another pervasive developmental disorder] any
information or requirement determined necessary to ensure the
student receives a free appropriate public education as required
under the Individuals with Disabilities Education Act (20 U.S.C.
SECTION 6.  Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0056 to read as follows:
Sec. 29.0056.  INFORMATION REGARDING STATE SUPPORTED LIVING
CENTERS.  (a)  In this section, "state supported living center" has
the meaning assigned by Section 531.002, Health and Safety Code.
(b)  The Health and Human Services Commission, in
collaboration with the agency and stakeholders who represent the
full continuum of educational residential placement options, shall
develop and provide to the agency materials regarding educational
residential placement options for children who may qualify for
placement in a state supported living center.  The agency shall make
the materials developed under this subsection available to school
(c)  At a meeting of a child's admission, review, and
dismissal committee at which residential placement is discussed,
the school district shall provide to the child's parent the
materials developed under Subsection (b).
SECTION 7.  Section 29.008, Education Code, is amended by
amending Subsections (a) and (b) and adding Subsection (a-1) to
(a)  The commissioner shall establish a list of approved
public or private facilities, institutions, or agencies inside or
outside of this state that a [A] school district, shared services
arrangement unit, or regional education service center may contract
with [a public or private facility, institution, or agency inside
or outside of this state] for the provision of services to students
with disabilities in a residential placement.  The commissioner may
approve either the whole or a part of a facility or program.
(a-1)  Each contract described by this section [for
residential placement] must be approved by the commissioner.  The
commissioner may approve a [residential placement] contract under
this section only after at least a programmatic evaluation of
personnel qualifications, costs, adequacy of physical plant and
equipment, and curriculum content.  [The commissioner may approve
either the whole or a part of a facility or program.]
(b)  Except as provided by Subsection (c), costs of an
approved contract for residential placement may be paid from a
combination of federal, state, and local funds.  The local share of
the total contract cost for each student is that portion of the
local tax effort that exceeds the district's local fund assignment
under Section 48.256, divided by the average daily attendance in
the district.  If the contract involves a private facility, the
state share of the total contract cost is that amount remaining
after subtracting the local share.  If the contract involves a
public facility, the state share is that amount remaining after
subtracting the local share from the portion of the contract that
involves the costs of instructional and related services.  For
purposes of this subsection, "local tax effort" means the total
amount of money generated by taxes imposed for debt service and
maintenance and operation less any amounts paid into a tax
increment fund under Chapter 311, Tax Code.  This subsection
SECTION 8.  The heading to Section 29.009, Education Code,
Sec. 29.009.  PUBLIC NOTICE CONCERNING EARLY CHILDHOOD
SPECIAL EDUCATION [PRESCHOOL] PROGRAMS [FOR STUDENTS WITH
SECTION 9.  Section 29.010, Education Code, is amended to
Sec. 29.010.  GENERAL SUPERVISION AND COMPLIANCE.  (a)  The
agency shall develop [adopt] and implement a comprehensive system
for monitoring school district compliance with federal and state
laws relating to special education.  The monitoring system must
include a comprehensive cyclical process and a targeted risk-based
process [provide for ongoing analysis of district special education
data and of complaints filed with the agency concerning special
education services and for inspections of school districts at
district facilities].  The agency shall establish criteria and
instruments for use in determining district compliance under this
section [use the information obtained through analysis of district
data and from the complaints management system to determine the
appropriate schedule for and extent of the inspection].
(b)  As part of the monitoring process [To complete the
inspection], the agency must obtain information from parents and
teachers of students in special education programs in the district.
(c)  The agency shall develop and implement a system of
interventions and sanctions for school districts the agency
identifies as being in noncompliance with [whose most recent
monitoring visit shows a failure to comply with major requirements
of] the Individuals with Disabilities Education Act (20 U.S.C.
Section 1400 et seq.), federal regulations, state statutes, or
agency requirements necessary to carry out federal law or
regulations or state law relating to special education.
(d)  The agency shall establish a graduated process of
sanctions to apply to [For] districts that remain in noncompliance
for more than one year[, the first stage of sanctions shall begin
with annual or more frequent monitoring visits].  The [Subsequent]
sanctions shall [may] range in severity and may include [up to] the
withholding of funds.  If funds are withheld, the agency may use the
funds to provide, through alternative arrangements, services to
students and staff members in the district from which the funds are
(e)  The agency's complaint management division shall
develop a system for expedited investigation and resolution of
complaints concerning a district's failure to provide special
education or related services to a student eligible to participate
in the district's special education program.
[(f)  This section does not create an obligation for or
impose a requirement on a school district or open-enrollment
charter school that is not also created or imposed under another
SECTION 10.  Section 29.014(d), Education Code, is amended
(d)  The basic allotment for a student enrolled in a district
to which this section applies is adjusted by the tier of intensity
of service defined in accordance with [weight for a homebound
student under] Section 48.102 and designated by commissioner rule
for use under this section [48.102(a)].
SECTION 11.  Sections 29.022(a), (a-1), (b), (c), (c-1),
(d), (f), (h), (k), (l), (s), and (t), Education Code, are amended
(a)  In order to promote student safety, on receipt of a
written request authorized under Subsection (a-1), a school
district or open-enrollment charter school shall provide
equipment, including a video camera, to the school or schools in the
district or the charter school campus or campuses specified in the
request.  A school or campus that receives equipment as provided by
this subsection shall place, operate, and maintain one or more
video cameras in special education [self-contained] classrooms and
other special education settings [in which a majority of the
students in regular attendance are provided special education and
related services and are assigned to one or more self-contained
classrooms or other special education settings for at least 50
percent of the instructional day], provided that:
(1)  a school or campus that receives equipment as a
result of the request by a parent or staff member is required to
place equipment only in classrooms or settings in which the
parent's child is in regular attendance or to which the staff member
is assigned, as applicable; and
(2)  a school or campus that receives equipment as a
result of the request by a board of trustees, governing body,
principal, or assistant principal is required to place equipment
only in classrooms or settings identified by the requestor, if the
requestor limits the request to specific classrooms or settings
(a-1)  For purposes of Subsection (a):
(1)  a parent of a child who receives special education
services in one or more special education [self-contained]
classrooms or other special education settings may request in
writing that equipment be provided to the school or campus at which
the child receives those services;
(2)  a board of trustees or governing body may request
in writing that equipment be provided to one or more specified
schools or campuses at which one or more children receive special
education services in special education [self-contained]
classrooms or other special education settings;
(3)  the principal or assistant principal of a school
or campus at which one or more children receive special education
services in special education [self-contained] classrooms or other
special education settings may request in writing that equipment be
provided to the principal's or assistant principal's school or
(4)  a staff member assigned to work with one or more
children receiving special education services in special education
[self-contained] classrooms or other special education settings
may request in writing that equipment be provided to the school or
campus at which the staff member works.
(b)  A school or campus that places a video camera in a
special education classroom or other special education setting in
accordance with Subsection (a) shall operate and maintain the video
camera in the classroom or setting, as long as the classroom or
setting continues to satisfy the requirements under Subsection (a),
for the remainder of the school year in which the school or campus
received the request, unless the requestor withdraws the request in
writing.  If for any reason a school or campus will discontinue
operation of a video camera during a school year, not later than the
fifth school day before the date the operation of the video camera
will be discontinued, the school or campus must notify the parents
of each student in regular attendance in the classroom or setting
that operation of the video camera will not continue unless
requested by a person eligible to make a request under Subsection
(a-1).  Not later than the 10th school day before the end of each
school year, the school or campus must notify the parents of each
student in regular attendance in the classroom or setting that
operation of the video camera will not continue during the
following school year unless a person eligible to make a request for
the next school year under Subsection (a-1) submits a new request.
(c)  Except as provided by Subsection (c-1), video cameras
placed under this section must be capable of:
(1)  covering all areas of the special education
classroom or other special education setting, including a room
attached to the classroom or setting used for time-out; and
(2)  recording audio from all areas of the special
education classroom or other special education setting, including a
room attached to the classroom or setting used for time-out.
(c-1)  The inside of a bathroom or any area in the special
education classroom or other special education setting in which a
student's clothes are changed may not be visually monitored, except
for incidental coverage of a minor portion of a bathroom or changing
area because of the layout of the classroom or setting.
(d)  Before a school or campus activates a video camera in a
special education classroom or other special education setting
under this section, the school or campus shall provide written
notice of the placement to all school or campus staff and to the
parents of each student attending class or engaging in school
activities in the classroom or setting.
(f)  A school district or open-enrollment charter school may
solicit and accept gifts, grants, and donations from any person for
use in placing video cameras in special education classrooms or
other special education settings under this section.
(h)  A school district or open-enrollment charter school may
(1)  allow regular or continual monitoring of video
recorded under this section; or
(2)  use video recorded under this section for teacher
evaluation or for any other purpose other than the promotion of
safety of students receiving special education services in a
special education [self-contained] classroom or other special
(k)  The commissioner may adopt rules to implement and
administer this section, including rules regarding the special
education classrooms and other special education settings to which
(l)  A school district or open-enrollment charter school
policy relating to the placement, operation, or maintenance of
video cameras under this section must:
(1)  include information on how a person may appeal an
action by the district or school that the person believes to be in
violation of this section or a policy adopted in accordance with
this section, including the appeals process under Section 7.057;
(2)  require that the district or school provide a
response to a request made under this section not later than the
seventh school business day after receipt of the request by the
person to whom it must be submitted under Subsection (a-3) that
authorizes the request or states the reason for denying the
(3)  except as provided by Subdivision (5), require
that a school or a campus begin operation of a video camera in
compliance with this section not later than the 45th school
business day, or the first school day after the 45th school business
day if that day is not a school day, after the request is authorized
unless the agency grants an extension of time;
(4)  permit the parent of a student whose admission,
review, and dismissal committee has determined that the student's
placement for the following school year will be in a special
education classroom or other special education setting in which a
video camera may be placed under this section to make a request for
the video camera by the later of:
(A)  the date on which the current school year
(B)  the 10th school business day after the date
of the placement determination by the admission, review, and
(5)  if a request is made by a parent in compliance with
Subdivision (4), unless the agency grants an extension of time,
require that a school or campus begin operation of a video camera in
compliance with this section not later than the later of:
(A)  the 10th school day of the fall semester; or
(B)  the 45th school business day, or the first
school day after the 45th school business day if that day is not a
school day, after the date the request is made.
(s)  This section applies to the placement, operation, and
maintenance of a video camera in a special education
[self-contained] classroom or other special education setting
during the regular school year and extended school year services.
(t)  A video camera placed under this section is not required
to be in operation for the time during which students are not
present in the special education classroom or other special
SECTION 12.  Sections 29.022(u)(3) and (4), Education Code,
are amended to read as follows:
(3)  "Special education classroom or other special
education setting" means a classroom or setting primarily used for
delivering special education services to students who spend on
average less than 50 percent of an instructional day in a general
education classroom or setting ["Self-contained classroom" does
not include a classroom that is a resource room instructional
arrangement under Section 48.102].
(4)  "Staff member" means a teacher, related service
provider, paraprofessional, counselor, or educational aide
assigned to work in a special education [self-contained] classroom
or other special education setting.
SECTION 13.  Subchapter A, Chapter 29, Education Code, is
amended by adding Sections 29.023, 29.024, and 29.025 to read as
Sec. 29.023.  GRANT PROGRAM PROVIDING SERVICES TO STUDENTS
WITH AUTISM.  (a)  The commissioner shall establish a program to
award grants to school districts and open-enrollment charter
schools that provide innovative services to students with autism.
(b)  A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
and an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, may apply for a grant under this section.
(c)  A program is eligible for a grant under this section if
(A)  evidence-based and research-based design;
(B)  the use of empirical data on student
(C)  parental support and collaboration;
(F)  the ability to replicate the program for
(2)  gives priority for enrollment to students with
(d)  A school district or open-enrollment charter school may
(1)  charge a fee for the program, other than those
authorized by law for students in public schools;
(2)  require a parent to enroll a child in the program;
(3)  allow an admission, review, and dismissal
committee to place a student in the program without the written
consent of the student's parent or guardian; or
(4)  continue the placement of a student in the program
after the student's parent or guardian revokes consent, in writing,
to the student's placement in the program.
(e)  A program under this section may:
(1)  alter the length of the school day or school year
or the number of minutes of instruction received by students;
(2)  coordinate services with private or
(3)  allow the enrollment of students without
disabilities or with other disabilities, if approved by the
(4)  adopt staff qualifications and staff-to-student
ratios that differ from the applicable requirements of this title.
(f)  The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
(g)  In selecting programs to receive a grant under this
section, the commissioner shall prioritize programs that are
collaborations between multiple school districts, multiple charter
schools, or school districts and charter schools.  The selected
programs must reflect the diversity of this state.
(h)  A program selected to receive a grant under this section
(i)  A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program money that the district or charter school is
otherwise entitled to receive.  A grant awarded under this section
may not come out of Foundation School Program money.
(j)  The commissioner shall use money appropriated or
otherwise available to fund grants under this section.
(k)  The commissioner and any program selected under this
section may accept gifts, grants, and donations from any public or
private source, person, or group to implement and administer the
program.  The commissioner and any program selected under this
section may not require any financial contribution from parents to
implement and administer the program.
(l)  A regional education service center may administer
grants awarded under this section.
Sec. 29.024.  GRANT PROGRAM PROVIDING TRAINING IN DYSLEXIA
FOR TEACHERS AND STAFF.  (a)  The commissioner shall establish a
program to award grants to school districts and open-enrollment
charter schools to increase local capacity to appropriately serve
(b)  A school district, including a school district acting
through a district charter issued under Subchapter C, Chapter 12,
or an open-enrollment charter school, including a charter school
that primarily serves students with disabilities, as provided under
Section 12.1014, is eligible to apply for a grant under this section
if the district or school submits to the commissioner a proposal on
(1)  incorporates  evidence-based and research-based
(2)  increases local capacity to appropriately serve
students with dyslexia by providing:
(A)  high-quality training to classroom teachers
and administrators in meeting the needs of students with dyslexia;
(B)  training to intervention staff resulting in
appropriate credentialing related to dyslexia.
(c)   The commissioner shall create an external panel of
stakeholders, including parents of students with disabilities, to
provide assistance in the selection of applications for the award
(d)  A grant under this section is to be awarded for two
(e)  A grant awarded to a school district or open-enrollment
charter school under this section is in addition to the Foundation
School Program money that the district or charter school is
otherwise entitled to receive. A grant awarded under this section
may not come out of Foundation School Program money.
(f)  The commissioner shall use money appropriated or
otherwise available to fund grants under this section.
(g)  The commissioner and any grant recipient selected under
this section may accept gifts, grants, and donations from any
public or private source, person, or group to implement and
administer the grant.  The commissioner and any grant recipient
selected under this section may not require any financial
contribution from parents to implement and administer the grant.
(h)  A regional education service center may administer
grants awarded under this section.
Sec. 29.025.  SUPPORTS FOR RECRUITING SPECIAL EDUCATION
STAFF.  (a)  From money appropriated or otherwise available for the
purpose, the agency shall provide grants to school districts and
open-enrollment charter schools to increase the number of qualified
and appropriately credentialed special education staff, including
special education teachers, special education paraprofessionals,
evaluation personnel, ancillary instruction personnel, and related
(b)  A school district or open-enrollment charter school
that receives a grant under this section shall require each person
the district or school uses the grant money to assist in becoming
licensed, certified, or otherwise credentialed as described by
Subsection (a) to work at the district or school for a period
established by commissioner rule.
(c)  The commissioner shall adopt rules establishing the
period of required employment described by Subsection (b) and any
other rules necessary to implement this section.
SECTION 14.  The heading to Subchapter A-1, Chapter 29,
Education Code, is amended to read as follows:
SUBCHAPTER A-1.  PARENT-DIRECTED [SUPPLEMENTAL SPECIAL EDUCATION]
SERVICES FOR STUDENTS RECEIVING SPECIAL EDUCATION SERVICES
SECTION 15.  Sections 29.041(2) and (3), Education Code, are
(2)  "Supplemental [special education] instructional
materials" includes textbooks, computer hardware or software,
other technological devices, and other materials suitable for
addressing an educational need of a student receiving special
education services under Subchapter A.
(3)  "Supplemental [special education] services" means
an additive service that provides an educational benefit to a
student receiving special education services under Subchapter A,
(A)  occupational therapy, physical therapy, and
(B)  private tutoring and other supplemental
private instruction or programs.
SECTION 16.  Sections 29.042(a) and (c), Education Code, are
(a)  The agency by rule shall establish and administer a
parent-directed [supplemental special education services and
instructional materials] program for students receiving special
education services through which a parent may direct supplemental
services and supplemental instructional materials for the parent's
student [students] who meets [meet] the eligibility requirements
for participation in the program.  Subject to Subsection (c), the
agency shall provide each student approved as provided by this
subchapter a grant in the amount provided under Section 48.306 [of
not more than $1,500] to purchase supplemental [special education]
services and supplemental [special education] instructional
(c)  A student may receive one grant under this subchapter
unless the legislature appropriates money for an additional grant
in the General Appropriations Act [The commissioner shall set aside
an amount set by appropriation for each state fiscal year to fund
the program under this section.  For each state fiscal year, the
total amount provided for student grants under Subsection (a) may
not exceed the amount set aside by the commissioner under this
SECTION 17.  Section 29.045, Education Code, is amended to
Sec. 29.045.  APPROVAL OF APPLICATION; ASSIGNMENT OF
ACCOUNT.  The [Subject to available funding the] agency shall
approve each student who meets the program eligibility criteria
established under Section 29.044 and assign to the student an
account maintained under Section 29.042(b).  The account may only
be used by the student's parent to purchase supplemental [special
education] services or supplemental [special education]
instructional materials for the student, subject to Sections 29.046
SECTION 18.  Sections 29.046(a) and (b), Education Code, are
(a)  Money in an account assigned to a student under Section
29.045 may be used only for supplemental [special education]
services and supplemental [special education] instructional
(b)  Supplemental [special education] services must be
provided by an agency-approved provider.
SECTION 19.  Sections 29.047(a), (c), (d), and (e),
Education Code, are amended to read as follows:
(a)  The agency shall establish criteria necessary for
agency approval for each category of provider of a professional
service that is a supplemental [special education] service, as
(c)  The agency shall provide a procedure for providers of
supplemental [special education] services to apply to the agency to
become an agency-approved provider.
(d)  The agency may establish criteria for agency approval of
vendors for each category of supplemental [special education]
instructional materials identified by the agency.
(e)  If the agency establishes criteria for agency approval
for a vendor of a category of supplemental [special education]
instructional materials, the agency shall provide a procedure for
vendors of that category to apply to the agency to become an
SECTION 20.  Subchapter A-1, Chapter 29, Education Code, is
amended by adding Section 29.0475 to read as follows:
Sec. 29.0475.  PROGRAM PARTICIPANT, PROVIDER, AND VENDOR
AUTONOMY.  (a)  A provider of supplemental services or vendor of
supplemental instructional materials that receives money
distributed under the program is not a recipient of federal
financial assistance on the basis of receiving that money.
(b)  A rule adopted or action taken related to the program by
an individual, governmental entity, court of law, or program
(1)  consider the actions of a provider of supplemental
services, vendor of supplemental instructional materials, or
program participant to be the actions of an agent of state
(A)  a provider of supplemental services' ability
to determine the methods used to educate the provider's students or
to exercise the provider's religious or institutional values; or
(B)  a program participant's ability to determine
the participant's educational content or to exercise the
participant's religious values;
(3)  obligate a provider of supplemental services or
program participant to act contrary to the provider's or
participant's religious or institutional values, as applicable;
(4)  impose any regulation on a provider of
supplemental services, vendor of supplemental instructional
materials, or program participant beyond those regulations
necessary to enforce the requirements of the program; or
(5)  require as a condition of receiving money
(A)  a provider of supplemental services to modify
the provider's creed, practices, admissions policies, curriculum,
performance standards, employment policies, or assessments; or
(B)  a program participant to modify the
participant's creed, practices, curriculum, performance standards,
(c)  In a proceeding challenging a rule adopted by a state
agency or officer under this subchapter, the agency or officer has
the burden of proof to establish by clear and convincing evidence
(1)  is necessary to implement or enforce the program
as provided by this subchapter;
(2)  does not violate this section;
(3)  does not impose an undue burden on a program
participant or a provider of supplemental services or vendor of
supplemental instructional materials that participates or applies
to participate in the program; and
(4)  is the least restrictive means of accomplishing
the purpose of the program while recognizing the independence of a
provider of supplemental services to meet the educational needs of
students in accordance with the provider's religious or
SECTION 21.  Section 29.048, Education Code, is amended to
Sec. 29.048.  ADMISSION, REVIEW, AND DISMISSAL COMMITTEE
DUTIES.  (a)  A student's admission, review, and dismissal
committee shall develop a student's individualized education
program under Section 29.005, in compliance with the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.),
without consideration of any supplemental [special education]
services or supplemental instructional materials that may be
provided under the program under this subchapter.
(b)  Unless the district first verifies that an account has
been assigned to the student under Section 29.045, the [The]
admission, review, and dismissal committee of a student approved
for participation in the program shall provide to the student's
parent at an admission, review, and dismissal committee meeting for
(1)  information regarding the types of supplemental
[special education] services or supplemental instructional
materials available under the program and provided by
agency-approved providers for which an account maintained under
Section 29.042(b) for the student may be used; and
(2)  instructions regarding accessing an account
SECTION 22.  Subchapter A-1, Chapter 29, Education Code, is
amended by adding Section 29.0485 to read as follows:
Sec. 29.0485.  DETERMINATION OF COMMISSIONER FINAL.
Notwithstanding Section 7.057, a determination of the commissioner
under this subchapter is final and may not be appealed.
SECTION 23.  Section 29.049, Education Code, is amended to
Sec. 29.049.  RULES.  The commissioner shall adopt rules as
necessary to administer the supplemental [special education]
services and supplemental instructional materials program under
SECTION 24.  Section 29.315, Education Code, is amended to
Sec. 29.315.  TEXAS SCHOOL FOR THE DEAF MEMORANDUM OF
UNDERSTANDING.  The Texas Education Agency and the Texas School for
the Deaf shall develop[, agree to, and by commissioner rule adopt no
later than September 1, 1998,] a memorandum of understanding to
(1)  the method for developing and reevaluating a set
of indicators of the quality of learning at the Texas School for the
(2)  the process for the agency to conduct and report on
an annual evaluation of the school's performance on the indicators;
(3)  the requirements for the school's board to
publish, discuss, and disseminate an annual report describing the
educational performance of the school;
(4)  the process for the agency to assign an
accreditation status to the school, to reevaluate the status on an
annual basis, and, if necessary, to conduct monitoring reviews; and
(5)  the type of information the school shall be
required to provide through the Public Education Information
SECTION 25.  Section 29.316(c), Education Code, is amended
(c)  Not later than August 31 of each year, the agency, the
division, and the center jointly shall prepare and post on the
agency's, the division's, and the center's respective Internet
websites a report on the language acquisition of children eight
years of age or younger who are deaf or hard of hearing.  The report
(A)  existing data reported in compliance with
federal law regarding children with disabilities; and
(B)  information relating to the language
acquisition of children who are deaf or hard of hearing and also
(A)  the percentage of the instructional day
[arrangement used with the child, as described by Section 48.102,
including the time] the child spends on average in a general
education setting [mainstream instructional arrangement];
(B)  the specific language acquisition services
provided to the child, including:
(i)  the time spent providing those
(ii)  a description of any hearing
amplification used in the delivery of those services, including:
(a)  the type of hearing amplification
(b)  the period of time in which the
child has had access to the hearing amplification; and
(c)  the average amount of time the
child uses the hearing amplification each day;
(C)  the tools or assessments used to assess the
child's language acquisition and the results obtained;
(D)  the preferred unique communication mode used
(E)  the child's age, race, and gender, the age at
which the child was identified as being deaf or hard of hearing, and
any other relevant demographic information the commissioner
determines to likely be correlated with or have an impact on the
(3)  compare progress in English literacy made by
children who are deaf or hard of hearing to progress in that subject
made by children of the same age who are not deaf or hard of hearing,
(4)  be redacted as necessary to comply with state and
federal law regarding the confidentiality of student medical or
SECTION 26.  Section 30.001(b), Education Code, is amended
(b)  The commissioner, with the approval of the State Board
of Education, shall develop and implement a plan for the
coordination of services to children with disabilities in each
region served by a regional education service center.  The plan
(1)  identifying existing public or private
educational and related services for children with disabilities in
(2)  identifying and referring children with
disabilities who cannot be appropriately served by the school
district in which they reside to other appropriate programs;
(3)  assisting school districts to individually or
cooperatively develop programs to identify and provide appropriate
services for children with disabilities;
(4)  expanding and coordinating services provided by
regional education service centers for children with disabilities;
(5)  providing for special education supports
[services], including special seats, books, instructional media,
and other supplemental supplies and services required for proper
SECTION 27.  Sections 30.002(a), (b), (c), and (g),
Education Code, are amended to read as follows:
(a)  The agency shall develop and administer a comprehensive
statewide plan for the education of children with visual
impairments who are under 22 [21] years of age that will ensure that
the children have an opportunity for achievement equal to the
opportunities afforded their peers with normal vision.
(1)  develop standards and guidelines for all special
education services for children with visual impairments that it is
authorized to provide or support under this code;
(2)  supervise regional education service centers and
other entities in assisting school districts in serving children
with visual impairments more effectively;
(3)  develop and administer special education services
for students who both have [with both serious] visual [and
auditory] impairments and are deaf or hard of hearing;
(4)  evaluate special education services provided for
children with visual impairments by school districts and approve or
disapprove state funding of those services; and
(5)  maintain an effective liaison between special
education programs provided for children with visual impairments by
school districts and related initiatives of the Health and Human
Services Commission, the Department of State Health Services Mental
Health and Substance Abuse Division, the Texas Workforce
Commission, and other related programs, agencies, or facilities as
(c)  The comprehensive statewide plan for the education of
children with visual impairments must:
(1)  adequately provide for comprehensive diagnosis
and evaluation of each school-age child with a [serious] visual
(2)  include the procedures, format, and content of the
individualized education program for each child with a visual
(3)  emphasize providing educational services to
children with visual impairments in their home communities whenever
(4)  include methods to ensure that children with
visual impairments receiving special education services in school
districts receive, before being placed in a classroom setting or
within a reasonable time after placement:
(A)  evaluation of the impairment; and
(B)  instruction in an expanded core curriculum,
which is required for students with visual impairments to succeed
in classroom settings and to derive lasting, practical benefits
from the education provided by school districts, including
(i)  compensatory skills, such as braille
and concept development, and other skills needed to access the rest
(ii)  orientation and mobility;
(iii)  social interaction skills;
(v)  assistive technology, including
(vi)  independent living skills;
(vii)  recreation and leisure enjoyment;
(viii)  self-determination; and
(5)  provide for flexibility on the part of school
districts to meet the special needs of children with visual
(A)  specialty staff and resources provided by the
(B)  contractual arrangements with other
qualified public or private agencies;
(C)  supportive assistance from regional
education service centers or adjacent school districts;
(D)  short-term or long-term services through the
Texas School for the Blind and Visually Impaired or related
(E)  other instructional and service arrangements
(6)  include a statewide admission, review, and
(7)  provide for effective interaction between the
visually impaired child's classroom setting and the child's home
environment, including providing for parental training and
counseling either by school district staff or by representatives of
other organizations directly involved in the development and
implementation of the individualized education program for the
(8)  require the continuing education and professional
development of school district staff providing special education
services to children with visual impairments;
(9)  provide for adequate monitoring and precise
evaluation of special education services provided to children with
visual impairments through school districts; and
(10)  require that school districts providing special
education services to children with visual impairments develop
procedures for assuring that staff assigned to work with the
children have prompt and effective access directly to resources
(A)  cooperating agencies in the area;
(B)  the Texas School for the Blind and Visually
(C)  the Central Media Depository for specialized
instructional materials and aids made specifically for use by
students with visual impairments;
(D)  sheltered workshops participating in the
state program of purchases of blind-made goods and services; and
(g)  To facilitate implementation of this section, the
commissioner shall develop a system to distribute from the
foundation school fund to school districts or regional education
service centers a special supplemental allowance for each student
with a visual impairment and for each student with a serious visual
disability and another medically diagnosed disability of a
significantly limiting nature who is receiving special education
services through any approved program.  The supplemental allowance
may be spent only for special education services uniquely required
by the nature of the student's disabilities and may not be used in
lieu of educational funds otherwise available under this code or
through state or local appropriations.
SECTION 28.  Section 30.003, Education Code, is amended by
amending Subsections (b) and (f-1) and adding Subsection (b-1) to
(b)  If the student is admitted to the school for a full-time
program for the equivalent of two long semesters, the district's
share of the cost is an amount equal to the dollar amount of
maintenance and debt service taxes imposed by the district for that
year, subject to Subsection (b-1), divided by the district's
average daily attendance for the preceding year.
(b-1)  For purposes of Subsection (b), the commissioner
shall reduce the dollar amount of maintenance and debt service
taxes imposed by the district for a year by the amount, if any, by
which