bill to fund special education liaisons at schools

The text as introduced · 732 words

90R2919 MEW-D

By: Menéndez
S.B. No. 123

A BILL TO BE ENTITLED

AN ACT

relating to the employment of a special education liaison at public

schools.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.005(a), Education Code, is amended to

read as follows:

(a) Before a child is enrolled in a special education

program of a school district, the district shall establish a

committee composed of the persons required under 20 U.S.C. Section

1414(d) to develop the child's individualized education program.

If the district employs a special education liaison under Section

29.029, the special education liaison shall serve as the district's

representative on the committee. If a committee is required to

include a general education teacher, the teacher included must, to

the extent practicable, be a teacher who is responsible for

implementing a portion of the child's individualized education

program.

SECTION 2. Subchapter A, Chapter 29, Education Code, is

amended by adding Section 29.029 to read as follows:

Sec. 29.029. SPECIAL EDUCATION LIAISON. (a) From money

appropriated or otherwise available for the purpose, the

commissioner shall provide money to school districts to employ one

or more educators to serve as a special education liaison for the

district.

(b) A special education liaison employed under this section

shall:

(1) perform duties concerning individualized

education programs under Section 29.005, including:

(A) serving as an expert in the development,

implementation, and assessment of individualized education

programs for students in the district;

(B) serving as the representative of the

district, as necessary, on a committee established under Section

29.005 to develop an individualized education program for a student

enrolled at the district;

(C) reviewing individualized education program

documents for compliance with federal and state laws and related

procedural guidelines;

(D) if a change in educational setting is

proposed for a student with an individualized education program

based on the student's violation of the district's student code of

conduct, conducting a manifestation determination hearing in

accordance with 20 U.S.C. Section 1415(k) to determine whether the

violation was a manifestation of the student's disability;

(E) conducting a functional behavioral

assessment and implementing a behavioral intervention plan in

accordance with 20 U.S.C. Section 1415(k) for a student:

(i) if a violation described by Paragraph

(D) is determined to be a manifestation of the student's

disability; or

(ii) on the request of a committee

established under Section 29.005; and

(F) providing general case management for

students for whom an individualized education program has been

developed;

(2) communicate verbally and in writing with campus

administrators regarding policies and procedures necessary to

ensure compliance with legal and policy requirements involving

special education programs;

(3) communicate with educators, staff, and parents of

students at district campuses to provide guidance, mentoring, and

information about special education policies and procedures;

(4) provide guidance, mentoring, and training to

special education teachers and staff in the provision of special

education services to students in accordance with the Individuals

with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);

(5) become familiar with the specific duties and

responsibilities of any providers of services that are ancillary to

special education services provided by the district;

(6) provide assistance to parents of students in

special education programs in making complaints or reporting

allegations of violations of state or federal law relating to

special education programs by the district;

(7) conduct inquiries to address concerns brought by

family members of students in special education programs; and

(8) conduct home visits as necessary to maintain

quality communication between district educators and staff and

family members of students in special education programs.

(c) The commissioner may adopt rules to implement this

section.

SECTION 3. (a) As soon as practicable after the effective

date of this Act, the commissioner of education shall provide money

identified as available for purposes of Section 29.029, Education

Code, as added by this Act, to school districts and open-enrollment

charter schools.

(b) As soon as practicable after receiving money under

Subsection (a) of this section, a school district or

open-enrollment charter school shall employ a person qualified to

serve as special education liaison.

SECTION 4. 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, 2027.