S.B. No. 58 amends the Education Code to improve policies and procedures for public school students with disabilities. It introduces new definitions, including "Parent" as per the Individuals with Disabilities Education Act, and clarifies "special services" to encompass both special education instruction and related services essential for students' educational benefit. The bill outlines the commissioner's responsibilities in ensuring compliance with federal transition service requirements, highlighting the importance of involving students, parents, and educational representatives in the transition process for students aged 18 and older.

The bill also addresses the appointment and rescission of educational representatives for students aged 18 or older, allowing students who have not been deemed incompetent to rescind their representative's appointment at any time. If a student is unable to rescind, their admission, review, and dismissal committee can document the rescission on their behalf. Upon rescission, all rights previously held by parents will transfer to the student, and the school district must notify the original appointing individual. Furthermore, the bill clarifies that a certification of a student's inability to provide informed consent does not imply incompetence for other legal purposes, establishes confidentiality for related documentation, and allows for concurrent guardian appointments. It also tasks the commissioner with developing model forms and adopting rules for compliance with federal privacy laws, while repealing Section 29.017(f) of the Education Code. The bill will take effect immediately upon a two-thirds vote or on September 1, 2025, if that vote is not achieved.

Statutes affected:
Introduced: Education Code 29.002, Education Code 29.011, Education Code 29.0162, Education Code 29.017 (Education Code 29)