S.B. No. 58 amends the Education Code to improve policies and procedures for public school students with disabilities. The bill 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 student benefit. It emphasizes the involvement of parents and students in transition planning for those aged 18 and older and outlines the roles of educational representatives in decision-making. Additionally, the bill establishes procedures for appointing educational representatives for students who are 18 or have had their disabilities of minority removed, requiring these representatives to be certified by a qualified professional to ensure informed consent regarding the student's educational program.

The legislation also allows students who have not been deemed incompetent to rescind the appointment of their educational representative at any time, with provisions for their admission, review, and dismissal committee to document rescissions if the student is unable to do so. Upon rescission, all rights previously held by parents will transfer to the student. The bill clarifies that a certification of a student's inability to provide informed consent does not imply incompetence for other legal purposes and establishes confidentiality for related documentation. It also mandates the concurrent appointment of a guardian under the Estates Code and tasks the commissioner with developing model forms for certifications. The bill repeals Section 29.017(f) of the Education Code and 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)