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A BILL TO BE ENTITLED
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AN ACT
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relating to a student's eligibility for special education services |
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provided by a school district. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.002, Education Code, is amended to |
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read as follows: |
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Sec. 29.002. DEFINITION. In this subchapter: |
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(1) "Specially designed instruction" [, "special |
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services"] means: |
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(A) [(1)] special education instruction, which |
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may be provided by professional and supported by paraprofessional |
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personnel in the regular classroom or in an instructional |
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arrangement described by Section 48.102; [and] |
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(B) [(2)] related services, which are |
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developmental, corrective, supportive, or evaluative services, not |
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instructional in nature, that may be required for the student to |
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benefit from special education instruction and for implementation |
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of a student's individualized education program; and |
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(C) adaptation of the content, methodology, or |
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delivery of instruction to: |
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(i) address the unique needs of the student |
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resulting from the student's disability; and |
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(ii) ensure the student's access to the |
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required curriculum as provided by Section 28.002 to allow the |
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student to meet the educational standards set by the agency. |
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(2) "Specific learning disability" means a disorder in |
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one or more of the basic psychological processes involved in |
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understanding or using language, spoken or written, that may |
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manifest itself in the imperfect ability to listen, think, speak, |
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read, write, spell, or do mathematical calculations. The term |
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includes perceptual disabilities, brain injury, minimal brain |
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dysfunction, dyslexia, and developmental aphasia. |
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SECTION 2. Section 29.003(b), Education Code, is amended to |
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read as follows: |
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(b) A student is eligible to participate in a school |
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district's special education program if the student: |
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(1) is not more than 21 years of age and has a visual or |
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auditory impairment that prevents the student from being adequately |
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or safely educated in public school without the provision of |
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specially designed instruction [special services]; or |
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(2) is at least three but not more than 21 years of age |
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and has one or more of the following disabilities that prevents the |
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student from being adequately or safely educated in public school |
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without the provision of specially designed instruction [special |
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services]: |
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(A) physical disability; |
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(B) intellectual or developmental disability; |
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(C) emotional disturbance; |
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(D) specific learning disability; |
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(E) autism; |
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(F) speech disability; or |
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(G) traumatic brain injury. |
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SECTION 3. Section 30.001(b), Education Code, is amended to |
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read as follows: |
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(b) The commissioner, with the approval of the State Board |
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of Education, shall develop and implement a plan for the |
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coordination of services to children with disabilities in each |
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region served by a regional education service center. The plan must |
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include procedures for: |
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(1) identifying existing public or private |
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educational and related services for children with disabilities in |
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each region; |
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(2) identifying and referring children with |
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disabilities who cannot be appropriately served by the school |
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district in which they reside to other appropriate programs; |
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(3) assisting school districts to individually or |
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cooperatively develop programs to identify and provide appropriate |
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services for children with disabilities; |
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(4) expanding and coordinating services provided by |
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regional education service centers for children with disabilities; |
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and |
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(5) providing for specially designed instruction |
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[special services], including special seats, books, instructional |
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media, and other supplemental supplies and services required for |
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proper instruction. |
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SECTION 4. Section 30.002(g), Education Code, is amended to |
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read as follows: |
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(g) To facilitate implementation of this section, the |
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commissioner shall develop a system to distribute from the |
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foundation school fund to school districts or regional education |
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service centers a special supplemental allowance for each student |
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with a visual impairment and for each student with a serious visual |
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disability and another medically diagnosed disability of a |
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significantly limiting nature who is receiving special education |
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services through any approved program. The supplemental allowance |
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may be spent only for specially designed instruction [special |
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services] uniquely required by the nature of the student's |
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disabilities and may not be used in lieu of educational funds |
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otherwise available under this code or through state or local |
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appropriations. |
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SECTION 5. Section 37.146(a), Education Code, is amended to |
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read as follows: |
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(a) A complaint alleging the commission of a school offense |
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must, in addition to the requirements imposed by Article 45.019, |
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Code of Criminal Procedure: |
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(1) be sworn to by a person who has personal knowledge |
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of the underlying facts giving rise to probable cause to believe |
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that an offense has been committed; and |
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(2) be accompanied by a statement from a school |
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employee stating: |
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(A) whether the child is eligible for or receives |
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specially designed instruction [special services] under Subchapter |
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A, Chapter 29; and |
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(B) the graduated sanctions, if required under |
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Section 37.144, that were imposed on the child before the complaint |
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was filed. |
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SECTION 6. Section 48.1021(b), Education Code, is amended |
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to read as follows: |
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(b) The advisory committee consists of the following |
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members appointed by the commissioner: |
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(1) a parent of a student eligible to participate in a |
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school district's special education program under Section 29.003; |
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(2) a director of a school district's special |
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education program under Subchapter A, Chapter 29; |
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(3) a teacher certified in special education; |
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(4) a diagnostician; |
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(5) a licensed specialist in school psychology; |
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(6) a provider who provides related services, as |
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described by Section 29.002(1)(B) [29.002(2)]; |
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(7) a superintendent of a school district; |
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(8) a member of a school district's board of trustees; |
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(9) a representative of a disability advocacy |
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organization; |
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(10) a member of the special education continuing |
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advisory committee under Section 29.006; |
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(11) a teacher certified in general education; |
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(12) a student eligible to participate in a school |
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district's special education program under Section 29.003; |
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(13) a representative of a regional education service |
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center; and |
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(14) a school district official who handles business |
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and finance matters for the district. |
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SECTION 7. This Act takes effect September 1, 2021. |