Texas Legislative Update: New State Transition Requirements

Presentation Agenda 1 Overview: Discuss State Legislative Education leaders Bill Review: Summarize major special education legislation on transition planning in special education – 85th Legislature (2017) Next Steps: Implementation of new legislation Questions: Answer questions 2 3 4

Legislative Leaders on Education

Senate Education Makeup 84th Session 85th Session 7 Rs vs. 8 Rs 4 Ds vs. 3 Ds 3 new members Added: Hall; Hughes; Uresti   Removed: Rodriguez, Garcia, Kolkhorst

Senate Education Leadership Chair Larry Taylor Friendswood Republican Senate Ed member since 2013 Priority: school choice Vice Chair Eddie Lucio, Jr. Brownsville Democrat Senate Ed member since 2013 Priority: cameras, MH

House Public Education Makeup 84th Session 85th Session 6 Rs vs. 7 Rs 5 Ds vs. 4 Ds 4 new members 84th session: Different members were : Farney (R); Galindo (D); Gonzalez (D); Aycock (chair, R); VC was Allen Changed to: Bernal; Gooden; Koop; Meyer

House Public Education Leadership Chair Dan Huberty Houston Republican House Pub Ed member since 2011 Priority: school finance Vice Chair Diego Bernal San Antonio Democrat First session to serve on House Pub Ed Priority: student hunger Huberty replaced Aycock Bernal replaced Allen

Search for bill texts, member information, http://www.capitol.state.tx.us Visit Texas Legislature Online Search for bill texts, member information, and video archives.

Bill Review

Older Student/Transition Highlights Senate Bill (SB) 748 (Zaffirini): Omnibus transition reform bill. The bill focuses on (1) developing the independent living and self- determination skills of students with disabilities; (2) creating new model notices about alternatives to guardianship; and (3) updating the content of TEA’s Transition and Employment Guide. Effective: 2018-2019 School Year

Older Student/Transition Highlights SB 748 focuses on (1) developing the independent living and self-determination skills of students with disabilities Under Texas Education Code (TEC) Section 29.011, Admission, Review, and Dismissal (ARD) Committees must consider, and if appropriate, address 10 issues in the Individualized Education Program (IEP) of students with disabilities

Older Student/Transition Highlights Of the 10 IEP transition issues in state law, one is new and four are significantly revised TEC Section 29.011(a)(10) is new TEC Sections 29.011(a)(3), (a)(4), (a)(7), (a)(9) are amended

Older Student/Transition Highlights (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

Older Student/Transition Highlights (3) if the student is at least 18 years of age, 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

Older Student/Transition Highlights (4) appropriate postsecondary education options, including preparation for postsecondary-level coursework

Older Student/Transition Highlights (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

Older Student/Transition Highlights (9) appropriate circumstances for facilitating a referral of 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))

Older Student/Transition Highlights (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) TEA will help districts comply with amended 29.011(a)(9) with a list

Older Student/Transition Highlights SB 748 focuses on (2) creating new model notices about alternatives to guardianship Under TEC Section 29.017, parental rights under the Individuals with Disabilities Education Act generally transfer to a student with a disability upon the student reaching the age of majority – 18 years of age

Older Student/Transition Highlights Under prior state law, school districts and open- enrollment charter schools had to notify the student and the parents of the transfer of rights Notification is significantly enhanced TEC Sections 29.017(c-1) is amended TEC Sections 29.017(c), (c-2), (c-3), (d), (e) are new

Older Student/Transition Highlights (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

Older Student/Transition Highlights (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)

Older Student/Transition Highlights (c-1) In accordance with 34 C.F.R. Section 300.520, the school district shall provide written notice to 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)

Older Student/Transition Highlights (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

Older Student/Transition Highlights (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

Older Student/Transition Highlights (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

Older Student/Transition Highlights SB 748 focuses on (3) updating the content of TEA’s Transition and Employment Guide Under TEC Section 29.0112, TEA, with the assistance of the Texas Health and Human Services Commission, must develop a Transition and Employment Guide for special education students

Older Student/Transition Highlights Of the nine topics in the Transition and Employment Guide, two are significantly revised TEC Sections 29.0112(b)(4), (b)(7) are amended

Older Student/Transition Highlights (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))

Older Student/Transition Highlights (7) guardianship and alternatives to guardianship, including a supported decision-making agreement under Chapter 1357, Estates Code

Next Steps

Next Steps Stakeholder Engagement Parents, teachers, and other special education stakeholders should share their experiences with legislation, new regulations, and revised Guide. TEA Rulemaking and Transition Guide Update TEA is in the process of writing new regulations for legislation and revising the Employment & Transition Guide. Training Among others, the designee on transition and employment services that each school district must name will need training on legislation and new regulations.

Questions

Questions?

Resources

Also note ESC transition network