House Bill No. 466 aims to improve the policies and procedures for public school students with disabilities in Texas by amending various sections of the Education Code. Notably, it introduces new definitions, such as "Parent" as defined by the Individuals with Disabilities Education Act, and clarifies "special services" in Section 29.002. The bill also updates Section 29.011 to ensure that transition services for students in special education comply with federal requirements, emphasizing parental involvement in the transition process for students aged 18 and older. Additionally, it establishes Section 29.0171, which outlines the appointment of educational representatives for students who are 18 or have had their disabilities of minority removed, detailing the criteria for certifying a student's inability to provide informed consent and the qualifications required for professionals making such determinations.
The bill further 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 the rescission if the student is unable to do so. Upon rescission, all rights previously held by parents will transfer to the student, and school districts must notify the individual who submitted the original appointment notice. It 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 the concurrent appointment of a guardian. The bill also mandates the commissioner to develop model forms for certifications and adopt 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 from both houses 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)