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A BILL TO BE ENTITLED
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AN ACT
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relating to supplemental information required for inclusion with a |
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written statement of an individualized education program developed |
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for certain public school students who received special education |
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services during the 2019-2020 or 2020-2021 school year. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the COVID-19 Special |
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Education Recovery Act. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0052 to read as follows: |
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Sec. 29.0052. INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT. |
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(a) Except as provided by Subsection (b), for each child who was |
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enrolled in a school district's special education program under |
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this subchapter during the 2019-2020 school year or the 2020-2021 |
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school year, the district shall prepare a supplement to be included |
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with the written statement of the individualized education program |
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developed for the child under Section 29.005(b). The supplement |
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must include information indicating: |
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(1) if applicable, whether the written report of the |
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child's full individual and initial evaluation under Section 29.004 |
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was completed during the 2019-2020 school year or the 2020-2021 |
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school year and, if so, whether the report was completed by the date |
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required under that section; |
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(2) if applicable, whether the child's initial |
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individualized education program was developed under Section |
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29.005(b) during the 2019-2020 school year or the 2020-2021 school |
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year and, if so, whether the program was developed by the date |
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required under 34 C.F.R. Section 300.323(c)(1); |
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(3) whether the provision of special services to the |
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child under an individualized education program during the |
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2019-2020 school year or the 2020-2021 school year was interrupted, |
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reduced, delayed, suspended, or discontinued; and |
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(4) whether compensatory educational services are |
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appropriate for the child based on the information under |
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Subdivisions (1)-(3) or any other factors. |
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(b) Subsection (a) does not apply to a child if during the |
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2020-2021 school year the written statement of the child's |
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individualized education program documents the information |
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described under Subsections (a)(1)-(4). |
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(c) Section 29.005(f) and Section 29.0051 do not apply to a |
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supplement prepared for inclusion with a written statement of an |
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individualized education program, as required by this section. |
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(d) The commissioner may adopt rules as necessary to |
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implement this section. |
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(e) This section expires September 1, 2023. |
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SECTION 3. Not later than May 1, 2022, a school district |
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subject to Section 29.0052, Education Code, as added by this Act, |
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shall complete each required supplement to a written statement of |
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an individualized education program, as provided by that section. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |