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A BILL TO BE ENTITLED
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AN ACT
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relating to the terminology used to refer to certain disabilities |
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in determining eligibility for special education services in public |
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schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.003, Education Code, is amended by |
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amending Subsection (b) and adding Subsection (c) to read as |
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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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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 special services: |
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(A) physical disability; |
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(B) intellectual or developmental disability; |
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(C) emotional dysregulation [disturbance]; |
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(D) 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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(c) In this section, "emotional dysregulation" has the |
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meaning assigned to the term "emotional disturbance" by 34 C.F.R. |
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Section 300.8(c)(4). |
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SECTION 2. This Act takes effect September 1, 2023. |