By McCoulskey H.B. No. 2203
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to educational programs for students with disabilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 1.04(c), Education Code, is amended to
1-5 read as follows:
1-6 (c) Any educational institution supported either wholly or
1-7 in part by state tax funds shall, if undertaking to provide
1-8 educational services to any individual within the jurisdiction or
1-9 geographical boundaries of the educational institution, provide
1-10 equal educational opportunities to all individuals within its
1-11 jurisdiction or geographical boundaries pursuant to the provisions
1-12 of this code and pursuant to the provisions of regulations
1-13 promulgated by the State Board of Education to give effect to the
1-14 intent of the legislature in its enactment of this code. No
1-15 individual otherwise eligible for educational services through an
1-16 educational institution supported either wholly or in part by state
1-17 tax funds may deny services to any <handicapped> student with
1-18 disabilities as defined in Section 21.503 of this code, but the
1-19 educational institution shall instead be obligated to provide
1-20 <handicapped> individuals with disabilities such special
1-21 educational services as might from time to time be authorized by
1-22 law or, where expressly authorized, to assist in and contribute
1-23 toward the provision of appropriate special educational services in
1-24 cooperation with other educational institutions and other
2-1 appropriate agencies, institutions, or departments.
2-2 SECTION 2. Section 11.03(i), Education Code, is amended to
2-3 read as follows:
2-4 (i) The Texas School for the Deaf shall:
2-5 (1) provide educational services on a day or
2-6 residential basis to deaf students for whom adequate educational
2-7 opportunities are unavailable in their local or regional programs;
2-8 (2) provide short-term services to deaf students so
2-9 that they may be better able to benefit from educational services
2-10 available in their local communities;
2-11 (3) provide services for <multiply handicapped> deaf
2-12 students with other disabilities who cannot be effectively assisted
2-13 through community programs but whose developmental capacities are
2-14 such that they should not be admitted to residential institutions
2-15 operated by the Texas Department of Mental Health and Mental
2-16 Retardation;
2-17 (4) be a primary resource to school districts for
2-18 promoting excellence in educational services for hearing-impaired
2-19 students;
2-20 (5) be a training and staff development resource for
2-21 those at the community level who are involved in providing
2-22 educational and related services to hearing-impaired students; and
2-23 (6) be a research and demonstration facility to
2-24 improve methods of providing educational services to meet the
2-25 current and future needs of hearing-impaired students.
2-26 SECTION 3. Section 11.032(a), Education Code, is amended to
2-27 read as follows:
3-1 (a) The Texas School for the Deaf shall provide the services
3-2 listed in Subdivisions (1) through (3) of Subsection (i) of Section
3-3 11.03 of this code to any student <who is an eligible handicapped
3-4 student> referred by a state agency or by the governing board of a
3-5 school district through the agency's or district's admission,
3-6 review, and dismissal committee and for whom the school is the
3-7 appropriate placement.
3-8 SECTION 4. Section 11.052, Education Code, is amended to
3-9 read as follows:
3-10 Sec. 11.052. Education For Children with Visual Impairments
3-11 <The Visually Handicapped>. (a) The Central Education Agency
3-12 shall develop and administer a comprehensive statewide plan for the
3-13 education of <visually handicapped> children with visual
3-14 impairments who are under 21 years of age which will ensure that
3-15 the children have an opportunity for achievement equal to the
3-16 opportunities afforded their peers with normal vision.
3-17 (b) The Central Education Agency shall be responsible for:
3-18 (1) the development of standards and guidelines for
3-19 all special education services for children with visual impairments
3-20 <the visually handicapped> which it is authorized to provide or
3-21 support pursuant to the provisions of this code, including matters
3-22 related to standards and accreditation;
3-23 (2) the supervision of such field offices as might
3-24 from time to time be established to assist local school districts
3-25 in serving <visually handicapped> children with visual impairments
3-26 more effectively;
3-27 (3) the development and administration of special
4-1 programs for children with <handicapped by> both serious visual
4-2 loss and serious hearing loss;
4-3 (4) the evaluation of special education services
4-4 provided for <visually handicapped> children with visual
4-5 impairments by local school districts and the approval or
4-6 disapproval of state funding of such services; and
4-7 (5) the maintenance of effective liaison between
4-8 special education programs provided for children with visual
4-9 impairments <the visually handicapped> by local school districts
4-10 and related initiatives exerted by the Texas Commission for the
4-11 Blind, the Department of Mental Health and Mental Retardation, the
4-12 Texas School for the Blind and Visually Impaired and other related
4-13 programs, agencies, or facilities as appropriate.
4-14 (c) The minimum components of the comprehensive statewide
4-15 plan for the education of children with visual impairments <the
4-16 visually handicapped> shall include but not be limited to the
4-17 following:
4-18 (1) adequate provision for comprehensive diagnosis and
4-19 evaluation of each school-age child having a serious visual
4-20 impairment;
4-21 (2) procedures, format, and content of the
4-22 individualized education program for each <such visually
4-23 handicapped> child with visual impairments;
4-24 (3) emphasis on providing educational services to
4-25 <visually handicapped> children with visual impairments in their
4-26 home communities whenever possible;
4-27 (4) methods to assure that <visually handicapped>
5-1 children with visual impairments receiving special education
5-2 services in local school systems receive, prior to being placed in
5-3 a classroom setting or within a reasonable time thereafter, the
5-4 compensatory skills training, communicative skills, orientation and
5-5 mobility training, social adjustment skills, and vocational or
5-6 career counseling required in order for such students to succeed in
5-7 classroom settings and to derive lasting benefits of a practical
5-8 nature from the education obtained in local school systems;
5-9 (5) flexibility on the part of the local school
5-10 systems to meet the special needs of <visually handicapped>
5-11 children with visual impairments through:
5-12 (A) specialty staff and resources provided by
5-13 the local school district;
5-14 (B) contractual arrangements with other
5-15 qualified agencies, either public or private;
5-16 (C) supportive assistance from regional service
5-17 centers, field offices of the Central Education Agency, or adjacent
5-18 school districts;
5-19 (D) short-term or long-term services through the
5-20 Texas School for the Blind and Visually Impaired or related types
5-21 of facilities or programs;
5-22 (E) other instructional and service arrangements
5-23 approved by the agency; or
5-24 (F) any combination of the foregoing;
5-25 (6) a statewide admission, review, and dismissal
5-26 process;
5-27 (7) provision for effective interreaction between the
6-1 visually impaired <handicapped> child's classroom setting and his
6-2 home environment, including provision for parental training and
6-3 counseling either by local school personnel or by representatives
6-4 of other organizations directly involved in the development and
6-5 implementation of the individualized education program for the
6-6 child;
6-7 (8) a requirement for the continuing education and
6-8 professional development of local school district staff providing
6-9 special education services to children with visual impairments <the
6-10 visually handicapped>;
6-11 (9) adequate monitoring and precise evaluation of
6-12 special education services provided to <visually handicapped>
6-13 children with visual impairments through local school districts;
6-14 and
6-15 (10) a requirement that local school districts
6-16 providing special education services to <visually handicapped>
6-17 children with visual impairments develop procedures for assuring
6-18 that staff assigned to work with the <visually handicapped>
6-19 children have prompt and effective access directly to resources
6-20 available through cooperating agencies in the area, through the
6-21 Texas School for the Blind and Visually Impaired, through the
6-22 Central Media Depository, the Comprehensive Diagnostic and
6-23 Evaluation Center, sheltered workshops participating in the state
6-24 program of purchases of blind-made goods and services, and related
6-25 types of resources.
6-26 (d) In developing, administering, and coordinating the
6-27 statewide plan for the education of children with visual
7-1 impairments <the visually handicapped>, the agency shall encourage
7-2 the use of all pertinent resources, whether such resources exist in
7-3 special education programs or in closely related programs operated
7-4 by other public or private agencies, through encouraging the
7-5 development of cooperative working relationships and by assisting
7-6 in the development of contractual arrangements between local school
7-7 districts and other organizations, and it shall be the duty of the
7-8 agency to discourage interagency competition, overlap, and
7-9 duplication in the development of specialized resources and the
7-10 delivery of services.
7-11 (e) Every eligible blind or visually impaired <handicapped>
7-12 student shall receive the educational programs according to an
7-13 individualized education program which:
7-14 (1) shall be developed following adequate diagnosis
7-15 and evaluation of all pertinent medical, psychological, social,
7-16 cultural, environmental, and related factors which bear on the
7-17 individual's ability to benefit from educational programs;
7-18 (2) shall be jointly developed by a representative of
7-19 an educational program who is qualified and experienced in working
7-20 with individuals with <handicapped by> serious visual loss, by the
7-21 blind or visually impaired <handicapped> individual and his parent
7-22 or guardian, and by representatives of other public or private
7-23 organizations providing or capable of providing specialized
7-24 services which tend to assure greater effectiveness of the
7-25 educational effort exerted in behalf of the blind or visually
7-26 impaired <handicapped> individual;
7-27 (3) specifies in measurable terms the goals and
8-1 objectives to be accomplished as a result of the educational and
8-2 specialized services to be provided by the various organizations
8-3 working with the blind or visually impaired <handicapped>
8-4 individual;
8-5 (4) specifies the time by which each service is to be
8-6 initiated, the anticipated duration of each service, and the time
8-7 within which the objectives and goals of the services might be
8-8 achieved;
8-9 (5) contains a procedure and schedule for periodic
8-10 review and evaluation of progress toward established objectives and
8-11 goals based on objective criteria and contains a record of the
8-12 reviews and evaluations;
8-13 (6) summarizes the views of the blind or visually
8-14 impaired <handicapped> individual, or as appropriate, his parent or
8-15 guardian or other representative concerning his goals and
8-16 objectives and the special services being provided;
8-17 (7) outlines the obligations undertaken by the
8-18 individual's family in connection with the individualized education
8-19 program, including family commitments regarding physical
8-20 restoration services, procurement of optical aids, and related
8-21 services;
8-22 (8) reflects that the individual has been provided a
8-23 detailed explanation of the various service resources available to
8-24 him within the community and throughout the state;
8-25 (9) reflects that the individualized education program
8-26 has been reviewed as frequently as necessary, but in no event less
8-27 than once annually, by competent educational authorities,
9-1 representatives of cooperating organizations, the individual, and
9-2 his parent or guardian and that the individualized education
9-3 program has been modified, refined, or redeveloped in a manner
9-4 consistent with determinations made through such review;
9-5 (10) describes in detail the arrangements made to
9-6 provide the blind or visually impaired <handicapped> individual
9-7 with orientation and mobility training, instruction in braille or
9-8 use of large print, other training to compensate for serious visual
9-9 loss, access to special media, and special tools, appliances, aids,
9-10 or devices commonly utilized by individuals with serious visual
9-11 losses; and
9-12 (11) sets forth the plans and arrangements made for
9-13 contacts with and continuing services to the blind or visually
9-14 impaired <handicapped> individual during periods in which he might
9-15 not be involved in school programs.
9-16 (f) In the development of the individualized education
9-17 program for a functionally blind student there is a presumption
9-18 that proficiency in Braille reading and writing is essential for
9-19 the student's satisfactory educational progress. Each functionally
9-20 blind student is entitled to Braille reading and writing
9-21 instruction that is sufficient to enable the student to communicate
9-22 with the same level of proficiency as other students of comparable
9-23 ability who are at the same grade level. Braille instruction may
9-24 be used in combination with other special education services
9-25 appropriate to the student's educational needs. The assessment of
9-26 each functionally blind student for the purpose of developing the
9-27 student's individualized education program must include
10-1 documentation of the student's strengths and weaknesses in Braille
10-2 skills. Each person assisting in the development of a functionally
10-3 blind student's individualized education program shall receive
10-4 information describing the benefits of Braille instruction. Each
10-5 functionally blind student's individualized education program
10-6 shall:
10-7 (1) specify the appropriate learning medium based on
10-8 the assessment report; and
10-9 (2) ensure that instruction in Braille will be
10-10 provided by a teacher certified to teach students with visual
10-11 impairments <handicaps>.
10-12 (g) For purposes of this section, the Central Education
10-13 Agency shall determine the criteria for a student to be classified
10-14 as functionally blind.
10-15 SECTION 5. Section 11.10(s), Education Code, is amended to
10-16 read as follows:
10-17 (s) Operating costs for the program in each regional day
10-18 school program for the deaf shall be determined and paid on the
10-19 following basis:
10-20 (1) An estimated allocation of $2,700 for each student
10-21 enrolled in the program of the regional day school program for the
10-22 deaf in any current year.
10-23 (2) Teachers, principals, supervisors, counselors,
10-24 para-professional and supporting personnel shall be employed in
10-25 such numbers as the Central Education Agency finds to be necessary
10-26 to establish and operate the regional day school programs for the
10-27 deaf, and such numbers shall not be less than student-professional
11-1 ratios known to be requisite for success in education of deaf
11-2 children. Salaries of all personnel employed in the regional day
11-3 school programs for the deaf shall be determined in accordance with
11-4 policies established by the State Board of Education.
11-5 (3) Local districts may receive allocations for
11-6 transportation of students participating in the regional day school
11-7 programs determined in the same manner as allocations for the
11-8 transportation of other special education students <on the same
11-9 basis as that provided for in Section 16.206 of this code>.
11-10 SECTION 6. Sections 11.102 and 11.103, Education Code, are
11-11 amended to read as follows:
11-12 Sec. 11.102. SUPPLEMENTAL ALLOWANCES FOR EXCEPTIONAL
11-13 EXPENSES OF EDUCATING STUDENTS WITH VISUAL IMPAIRMENTS <BLIND
11-14 EDUCATION>. From the Foundation School Fund there shall be made
11-15 available a special supplemental allowance for each blind student
11-16 or for each student with a serious visual disability <handicap> and
11-17 another medically diagnosed disability <handicap> of a
11-18 significantly limiting nature, who is receiving special education
11-19 services through any approved program whatsoever. The amount of
11-20 the special supplemental allowance for each blind student or for
11-21 each <such multiply handicapped> student with multiple disabilities
11-22 shall be equivalent to the special allocation for deaf students
11-23 enrolled in regional day school programs, as authorized by
11-24 Paragraph (1), Subsection (s), Section 11.10 of this code. The
11-25 supplemental allowances may be expended only for special services
11-26 uniquely required by the nature of the student's disabilities
11-27 <handicap> and may not be used in lieu of educational funds
12-1 otherwise available under this code and through state or local
12-2 appropriations.
12-3 Sec. 11.103. COORDINATION OF SERVICES TO <HANDICAPPED>
12-4 CHILDREN WITH DISABILITIES. (a) In this section "<handicapped>
12-5 children with disabilities" has the meaning described in
12-6 Section 21.503 <defined in Section 16.104(b)> of this code.
12-7 (b) The commissioner of education, with the approval of the
12-8 State Board of Education, shall develop and implement a plan for
12-9 the coordination of services to <handicapped> children with
12-10 disabilities within each geographical area served by a regional
12-11 education service center. The plan shall include, but may not be
12-12 limited to, procedures for:
12-13 (1) identifying existing public or private educational
12-14 and related services for <handicapped> children with disabilities
12-15 in each region;
12-16 (2) identifying and referring <handicapped> children
12-17 with disabilities who cannot be appropriately served by the school
12-18 district in which they reside to other appropriate programs;
12-19 (3) assisting school districts individually and
12-20 cooperatively to develop programs to identify and provide
12-21 appropriate services for <handicapped> children with disabilities;
12-22 (4) expanding and coordinating services provided by
12-23 regional education service centers which are related to programs
12-24 for <handicapped> children with disabilities; and
12-25 (5) providing for special services such as special
12-26 seats, books, instructional media, and other supplemental supplies
12-27 and services required for quality instruction.
13-1 (c) The commissioner may allocate appropriated funds to
13-2 regional education service centers and may otherwise expend those
13-3 funds, as necessary, to implement the provisions of this section.
13-4 SECTION 7. Section 11.33(c)(1), Education Code, is amended
13-5 to read as follows:
13-6 (c)(1) The State Board of Education shall promulgate rules,
13-7 in compliance with the approved statewide design for special
13-8 education, to provide for a plan for the coordination of services
13-9 to <handicapped> children with disabilities within each
13-10 geographical area served by a Regional Education Service Center.
13-11 Regional Education Service Centers, under the procedures set forth
13-12 in this plan, may provide supplementary or technical assistance to
13-13 school districts for:
13-14 (A) identification of existing public or private
13-15 educational and related services for <handicapped> children with
13-16 disabilities in each region;
13-17 (B) identification and referral of <handicapped>
13-18 children with disabilities who cannot be appropriately served by
13-19 the school district in which they reside to other appropriate
13-20 programs;
13-21 (C) assistance to school districts individually
13-22 and cooperatively to develop programs to identify and provide
13-23 appropriate services for <handicapped> children with disabilities;
13-24 (D) expansion and coordination of services
13-25 provided by Regional Education Service Centers which are related to
13-26 programs for <handicapped> children with disabilities; and
13-27 (E) provision for special services such as
14-1 special seats, books, instructional media, and other supplemental
14-2 supplies and services required for quality instruction.
14-3 SECTION 8. Sections 12.03(a) and (b), Education Code, are
14-4 amended to read as follows:
14-5 (a) The State Board of Education is authorized to acquire,
14-6 purchase, and contract for free textbooks for the education of
14-7 blind and visually impaired <handicapped> public school students.
14-8 In addition, for a teacher who is blind or visually impaired, the
14-9 board shall provide a teacher edition in braille or large type, as
14-10 appropriate as determined by the teacher, for each textbook the
14-11 teacher uses in the instruction of students. For each school year,
14-12 the teacher editions must be available at the same time the student
14-13 textbooks become available. The textbooks shall be acquired,
14-14 purchased, or contracted for as provided by Subchapter B of this
14-15 chapter and by any applicable rule adopted by the State Board of
14-16 Education. The board may also enter into agreements providing for
14-17 the acceptance, requisition, and distribution of books and
14-18 instructional aids pursuant to Public Law 922, 84th Congress, or as
14-19 amended, for use by students enrolled in public or private
14-20 non-profit schools. The agreements may include the purchase of
14-21 textbooks for blind and visually impaired <handicapped> students
14-22 attending private, non-profit schools if no state funds except for
14-23 administrative cost are involved.
14-24 (b) For purposes of this section, a blind and/or visually
14-25 impaired <handicapped> scholastic means and includes any pupil
14-26 whose visual acuity is impaired to the extent that he is unable to
14-27 read the print in regularly adopted textbooks used in the subject
15-1 class.
15-2 SECTION 9. Section 14.044(f), Education Code, is amended to
15-3 read as follows:
15-4 (f) The activities of the center shall include the
15-5 development of:
15-6 (1) new applications of technology specifically
15-7 designed for education purposes;
15-8 (2) prototype educational applications of a technology
15-9 originally developed for commercial or other purposes;
15-10 (3) prototypes of technological devices for
15-11 <handicapped> students with disabilities and teachers;
15-12 (4) computer-based methods for diagnosing students'
15-13 learning methods; and
15-14 (5) other applications of educational technology
15-15 designed to improve the quality and efficiency of the educational
15-16 process.
15-17 SECTION 10. Section 16.151(b), Education Code, is amended to
15-18 read as follows:
15-19 (b) A special instructional arrangement for <handicapped>
15-20 students with disabilities residing in care and treatment
15-21 facilities, other than state schools, whose parents or guardians do
15-22 not reside in the district providing education services shall be
15-23 established under the rules of the State Board of Education. The
15-24 funding weight for this arrangement shall be 5.0 for those students
15-25 who receive their education service on a local school district
15-26 campus. A special instructional arrangement for <handicapped>
15-27 students with disabilities residing in state schools shall be
16-1 established under the rules of the State Board of Education with a
16-2 funding weight of 5.0.
16-3 SECTION 11. Sections 16.155(a) and (c), Education Code, are
16-4 amended to read as follows:
16-5 (a) For each full-time equivalent student in average daily
16-6 attendance in an approved vocational education program in grades
16-7 nine through 12 or in vocational education <for the handicapped>
16-8 programs for students with disabilities in grades seven through 12,
16-9 a district is entitled to an annual allotment equal to the adjusted
16-10 basic allotment multiplied by a weight of 1.37.
16-11 (c) Funds allocated under this section, other than an
16-12 indirect cost allotment established under State Board of Education
16-13 rule, must be used in providing vocational education programs in
16-14 grades nine through 12 or vocational education <for the
16-15 handicapped> programs for students with disabilities in grades
16-16 seven through 12 under the provisions of Sections 21.111, 21.1111,
16-17 and 21.112 of this code.
16-18 SECTION 12. Sections 16.156(b) and (g), Education Code, are
16-19 amended to read as follows:
16-20 (b) As used in this section:
16-21 (1) "Regular eligible pupil" means a pupil who resides
16-22 two or more miles from his or her campus of regular attendance,
16-23 measured along the shortest route that may be traveled on public
16-24 roads, and who is not classified as a <an eligible handicapped>
16-25 pupil eligible for special education services.
16-26 (2) "Eligible special education <handicapped> pupil"
16-27 means a pupil who is eligible for special education services under
17-1 <handicapped as defined in> Section 21.503 of this code and who
17-2 would be unable to attend classes without special transportation
17-3 services.
17-4 (3) "Linear density" means the average number of
17-5 regular eligible pupils transported daily, divided by the approved
17-6 daily route miles traveled by the respective transportation system.
17-7 (g) A school district or county that provides special
17-8 transportation services for eligible special education
17-9 <handicapped> pupils is entitled to a state allocation paid on a
17-10 previous year's cost-per-mile basis. The maximum rate per mile
17-11 allowable shall be set by appropriation based on data gathered from
17-12 the first year of each preceding biennium. Districts may use a
17-13 portion of their support allocation to pay transportation costs, if
17-14 necessary. The commissioner of education may grant an amount set
17-15 by appropriation for private transportation to reimburse parents or
17-16 their agents for transporting eligible special education
17-17 <handicapped> pupils. The mileage allowed shall be computed along
17-18 the shortest public road from the pupil's home to school and back,
17-19 morning and afternoon. The need for this type transportation shall
17-20 be determined on an individual basis and shall be approved only in
17-21 extreme hardship cases.
17-22 SECTION 13. Section 21.113(b), Education Code, is amended to
17-23 read as follows:
17-24 (b) The master plan design must include the provision of
17-25 vocational programs through public school districts and public
17-26 postsecondary institutions and the support of those programs by
17-27 private employers and proprietary schools. The vocational programs
18-1 must be designed to meet the needs of new and emerging occupations
18-2 listed on the State Board of Education priority list of occupations
18-3 and to meet the needs of special population groups such as
18-4 <handicapped> persons who are disabled, disadvantaged persons, and
18-5 adults.
18-6 SECTION 14. Section 21.301(d), Education Code, is amended to
18-7 read as follows:
18-8 (d) Except as provided by this subsection, removal to a
18-9 supervised alternative education setting may not extend beyond the
18-10 end of the semester during which the conduct that directly led to
18-11 the removal occurred. If the conduct occurred during the final
18-12 six-week reporting period of a semester, the removal may extend
18-13 beyond the end of that semester but may not extend beyond the end
18-14 of the next semester. The board may permit the student to remain
18-15 in the alternative program for an additional period agreed on by
18-16 the student, the student's parent or guardian, the supervisor of
18-17 the alternative program, and the principal of the student's home
18-18 school if they agree that the additional period would best serve
18-19 the student's educational interest. This subsection does not apply
18-20 to the placement of a <handicapped> student with disabilities in
18-21 an alternative program in accordance with the decision of an
18-22 admission, review, and dismissal committee.
18-23 SECTION 15. Section 21.3011(l), Education Code, is amended
18-24 to read as follows:
18-25 (l) A rehabilitation district that admits <handicapped>
18-26 delinquent children with disabilities shall admit a child referred
18-27 by a juvenile court located in the district if the ARD committee of
19-1 the district has determined that the district has sufficient
19-2 facilities and personnel available.
19-3 SECTION 16. Section 21.455(c), Education Code, is amended to
19-4 read as follows:
19-5 (c) The language proficiency assessment committee may
19-6 classify a student as limited English proficiency if one or more of
19-7 the following criteria are met:
19-8 (1) the student's ability in English is so limited or
19-9 the student's disabilities are so severe <student is so
19-10 handicapped> that assessment procedures cannot be administered;
19-11 (2) the student's score or relative degree of
19-12 achievement on the agency-approved English proficiency test is
19-13 below the levels established by the agency as indicative of
19-14 reasonable proficiency;
19-15 (3) the student's primary language proficiency score
19-16 as measured by an agency-approved test is greater than his
19-17 proficiency in English; or
19-18 (4) the language proficiency assessment committee
19-19 determines, based on other information such as (but not limited to)
19-20 teacher evaluation, parental viewpoint, or student interview, that
19-21 the student's primary language proficiency is greater than his
19-22 proficiency in English or that the student is not reasonably
19-23 proficient in English.
19-24 SECTION 17. Sections 21.501 and 21.502, Education Code, are
19-25 amended to read as follows:
19-26 Sec. 21.501. Statewide Plan. The State Board of Education
19-27 shall develop, and modify as necessary, a statewide design for the
20-1 delivery of services to <handicapped> children with disabilities in
20-2 Texas which includes rules for the administration and funding of
20-3 the special education program so that a free appropriate public
20-4 education is available to all of those <handicapped> children
20-5 between the ages of three and 21. The statewide design shall
20-6 include, but may not be limited to, the provision of services
20-7 primarily through local school districts and special education
20-8 cooperatives, supplemented by a regional delivery structure. The
20-9 board shall further develop and implement a statewide plan with
20-10 programmatic content which includes procedures designed to:
20-11 (1) ensure state compliance with requirements for
20-12 supplemental federal funding for all state-administered programs
20-13 involving the delivery of instructional or related services to
20-14 <handicapped> students with disabilities <as defined in this
20-15 section>;
20-16 (2) facilitate interagency coordination when state
20-17 agencies other than the Central Education Agency are involved in
20-18 the delivery of instructional or related services to <handicapped>
20-19 students with disabilities;
20-20 (3) assess statewide personnel needs in all areas of
20-21 specialization related to special education on a periodic basis and
20-22 pursue strategies to meet those needs through a consortium of
20-23 representatives from regional education service centers, local
20-24 education agencies, and institutions of higher education and
20-25 through other available alternatives;
20-26 (4) ensure that regional education service centers
20-27 throughout the state maintain a regional support function, which
21-1 may include direct service delivery and a component designed to
21-2 facilitate the placement of <handicapped> students with
21-3 disabilities who cannot be appropriately served within their
21-4 resident districts;
21-5 (5) allow the Central Education Agency to effectively
21-6 monitor and periodically conduct site visits of all local districts
21-7 to ensure that rules adopted under this section are applied in a
21-8 consistent and uniform manner, to ensure that districts are
21-9 complying with those rules, and to ensure that annual statistical
21-10 reports filed by the districts are accurate and complete;
21-11 (6) ensure that appropriately trained personnel are
21-12 involved in the diagnostic and evaluation procedures operating in
21-13 all local districts and that those personnel routinely serve on
21-14 local district admissions, review, and dismissal teams;
21-15 (7) ensure that an individualized education plan for
21-16 each <handicapped> student with a disability is properly
21-17 developed, implemented, and maintained in the least restrictive
21-18 environment which is appropriate to meet the student's educational
21-19 needs;
21-20 (8) ensure that, when appropriate, each <handicapped>
21-21 student with a disability is provided an opportunity to participate
21-22 in vocational and physical education classes, in addition to
21-23 participation in regular or special classes; and
21-24 (9) ensure that each <handicapped> student with a
21-25 disability is provided necessary related services.
21-26 Sec. 21.502. Definitions. As used in this subchapter,
21-27 "special services" means:
22-1 (1) "special teaching," which may be provided by
22-2 professional and paraprofessional personnel in the following
22-3 instructional settings:
22-4 (A) resource room;
22-5 (B) self-contained classroom, regular or special
22-6 campus;
22-7 (C) hospital or community class;
22-8 (D) homebound or bedside;
22-9 (E) speech or hearing therapy class; or
22-10 (2) "related services," which are developmental,
22-11 corrective, supportive, or evaluative services, not instructional
22-12 in nature, that may be required for the proper development and
22-13 implementation of a <handicapped> student's individualized
22-14 educational plan, including but not limited to special
22-15 transportation, school health services, counseling with students or
22-16 families, psychological services, audiological services, visual
22-17 training, medical or psychiatric diagnostic services, occupational
22-18 therapy, physical therapy, recreational therapy, social work
22-19 services, parent counseling and training, adaptive equipment,
22-20 special seating, orientation and mobility training, speech therapy,
22-21 music therapy, and corrective therapy.
22-22 SECTION 18. Section 21.503, Education Code, is amended to
22-23 read as follows:
22-24 Sec. 21.503. Eligibility Criteria. (a) The commissioner,
22-25 with the approval of the State Board of Education, shall develop
22-26 specific eligibility criteria based on the general classifications
22-27 established by this section with reference to contemporary
23-1 diagnostic or evaluative terminologies and techniques. Eligible
23-2 <handicapped> students with disabilities shall enjoy the right to a
23-3 free appropriate public education, which may include instruction in
23-4 the regular classroom, instruction through special teaching, or
23-5 instruction through contracts approved under this section.
23-6 Instruction shall be supplemented by the provision of related
23-7 services when appropriate.
23-8 (b) The following students are eligible to participate in a
23-9 school district's special education program:
23-10 (1) a student not more than 21 years of age with a
23-11 visual or auditory impairment that prevents the student from being
23-12 adequately or safely educated in the public schools without the
23-13 provision of special services; and
23-14 (2) a student at least three but not more than 21
23-15 years of age with one or more of the following disabilities that
23-16 prevents the student from being adequately or safely educated in
23-17 the public schools without the provision of special services:
23-18 (A) physical disability;
23-19 (B) mental retardation;
23-20 (C) emotional disturbance;
23-21 (D) learning disability;
23-22 (E) autism; or
23-23 (F) speech disability. <The following
23-24 classifications of handicapped students shall serve as the general
23-25 eligibility criteria for participation in a district's special
23-26 education program:>
23-27 <(1) "Handicapped students" means students between the
24-1 ages of 3 and 21, inclusive:>
24-2 <(A) with educational handicaps (physically
24-3 handicapped, auditorially handicapped, visually handicapped,
24-4 mentally retarded, emotionally disturbed, learning disabled,
24-5 speech handicapped, autistic, or multiply handicapped); and
24-6 children leaving and not attending public school for a time because
24-7 of pregnancy; and>
24-8 <(B) whose disabilities are so limiting as to
24-9 require the provision of special services in place of or in
24-10 addition to instruction in the regular classroom.>
24-11 <(2) "Physically handicapped students" means students
24-12 whose body functions or members are so impaired from any cause that
24-13 they cannot be adequately or safely educated in the regular classes
24-14 of the public schools without the provision of special services.>
24-15 <(3) "Auditorially handicapped students" means
24-16 students whose hearing is so impaired that they cannot be
24-17 adequately educated in the regular classes of the public schools
24-18 without the provision of special services.>
24-19 <(4) "Visually handicapped students" means students
24-20 whose sight is so impaired that they cannot be adequately or safely
24-21 educated in the regular classes of the public schools without the
24-22 provision of special services.>
24-23 <(5) "Mentally retarded students" means students with
24-24 significantly subaverage general intellectual functioning existing
24-25 concurrently with deficiencies in adaptive behavior and manifested
24-26 during the developmental period such that they cannot be adequately
24-27 educated in the regular classes of the public schools without the
25-1 provision of special services.>
25-2 <(6) "Emotionally disturbed students" means students
25-3 whose emotional condition is psychologically or psychiatrically
25-4 determined to be such that they cannot be adequately and safely
25-5 educated in the regular classes of the public schools without the
25-6 provision of special services.>
25-7 <(7) "Learning disabled students" means students:>
25-8 <(A) who demonstrate a significant discrepancy
25-9 between academic achievement and intellectual abilities in one or
25-10 more of the areas of oral expression, listening comprehension,
25-11 written expression, basic reading skills, reading comprehension,
25-12 mathematics calculation, mathematics reasoning, or spelling;>
25-13 <(B) for whom it is determined that the
25-14 discrepancy is not primarily the result of visual handicap, hearing
25-15 impairment, mental retardation, emotional disturbance, or
25-16 environmental, cultural, or economic disadvantage; and>
25-17 <(C) for whom the inherent disability exists to
25-18 a degree such that they cannot be adequately served in the regular
25-19 classes of the public schools without the provision of special
25-20 services other than those provided under compensatory education
25-21 programs.>
25-22 <(8) "Speech handicapped students" means students
25-23 whose speech is so impaired that they cannot be adequately educated
25-24 in regular classes of the public schools without the provision of
25-25 special services.>
25-26 <(9) "Autistic students" means students whose
25-27 disturbances of speech and language, relatedness, perception,
26-1 developmental rate, and motility are such that they cannot be
26-2 adequately educated in the regular classes of the public schools
26-3 without the provision of special services.>
26-4 <(10) "Multiply handicapped students" means students
26-5 handicapped by any two or more of the handicapping conditions
26-6 described in Subdivisions (2) through (9) of this subsection that
26-7 may result in multisensory or motor deficiencies and developmental
26-8 lags in the cognitive, affective, or psychomotor areas such that
26-9 they cannot be adequately educated in the regular classes of the
26-10 public schools without the provision of special services.>
26-11 SECTION 19. Section 21.504, Education Code, is amended to
26-12 read as follows:
26-13 Sec. 21.504. Personnel Contracts. Special education
26-14 personnel may be employed on a full-time, part-time, or
26-15 consultative basis. Any school district may employ special
26-16 education personnel on a 10-, 11-, or 12-month basis. Teachers
26-17 <Handicapped students' teachers>, paraprofessional personnel, or
26-18 related service personnel employed on an extended basis shall,
26-19 during the extended period of their contract, only be engaged in
26-20 pupil evaluations or in direct service delivery to <handicapped>
26-21 students with disabilities for which the disruption of continuous
26-22 services may result in severe regression.
26-23 SECTION 20. Section 21.5042, Education Code, is amended by
26-24 amending Subsection (a) and adding Subsection (a-1) to read as
26-25 follows:
26-26 (a) The governor shall appoint a continuing advisory
26-27 committee, composed of 17 members, under 20 U.S.C. Section
27-1 1413(a)(12). The appointments are not subject to confirmation by
27-2 the senate. Members of the committee are appointed for staggered
27-3 terms of four <two> years with the terms of eight or nine members
27-4 expiring on February 1 of each odd-numbered year.
27-5 (a-1) Members of the advisory committee appointed in 1993
27-6 shall draw lots for nine four-year terms and eight two-year terms.
27-7 Thereafter, all members shall be appointed for four-year terms.
27-8 This subsection expires February 1, 1995.
27-9 SECTION 21. Sections 21.506(a) and (b), Education Code, are
27-10 amended to read as follows:
27-11 (a) Any local district, special education cooperative, or
27-12 regional education service center may contract with any public or
27-13 private facility, institution, or agency within or outside of this
27-14 state for the provision of services to <handicapped> students with
27-15 disabilities under rules adopted by the State Board of Education.
27-16 Contracts for residential placements, including placements with the
27-17 Texas Department of Mental Health and Mental Retardation and its
27-18 community facilities, Texas School for the Blind and Visually
27-19 Impaired, Texas School for the Deaf, and other public or private
27-20 agencies, institutions, or facilities, shall be approved by the
27-21 commissioner. The rules shall provide for approval of residential
27-22 placement contracts only after at least a programmatic evaluation
27-23 of personnel qualifications, adequacy of physical plant and
27-24 equipment, and curriculum content. Either the whole or a part of a
27-25 facility or program may be approved. Rules relating to the
27-26 residential contract approval process shall include provisions
27-27 designed to ensure that no contract is approved which:
28-1 (1) involves the delivery of unapproved services;
28-2 (2) involves the delivery of services which the
28-3 district is capable of providing or is developing the capability to
28-4 provide; or
28-5 (3) is not cost-effective when compared with other
28-6 alternatives.
28-7 (b) Except as provided by Subsection (c) of this section,
28-8 contracts for residential placements when approved may be paid for
28-9 from a combination of federal, state, and local funds. The local
28-10 share of the total contract cost per pupil is that portion of the
28-11 local tax effort (total dollars generated by debt service and
28-12 maintenance taxes) which exceeds the district's local fund
28-13 assignment, divided by the average daily attendance in the
28-14 district. If the contract involves a private facility, the state
28-15 share of the total contract cost is that which remains after
28-16 subtracting the local share. If the contract involves a public
28-17 facility <other than a program or facility administered by the
28-18 Central Education Agency>, the state share is that which remains
28-19 after subtracting the local share from that portion of the contract
28-20 which involves the costs of instructional and related services.
28-21 <If the contract involves a program or facility administered by the
28-22 Central Education Agency, there is no state share paid from this
28-23 program.>
28-24 SECTION 22. Section 21.509(a), Education Code, is amended to
28-25 read as follows:
28-26 (a) The Central Education Agency shall monitor school
28-27 district compliance with federal and state laws relating to special
29-1 education by inspecting each school district at the district's
29-2 facilities <at least every five years>. The agency may determine
29-3 the appropriate schedule for and extent of the inspection.
29-4 SECTION 23. Section 21.512, Education Code, is amended to
29-5 read as follows:
29-6 Sec. 21.512. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES
29-7 FOR CERTAIN <HANDICAPPED> STUDENTS WITH DISABILITIES. (a) The
29-8 Central Education Agency shall establish procedures and criteria
29-9 for the allocation of funds appropriated pursuant to this section
29-10 to school districts for the provision of noneducational
29-11 community-based support services to certain <handicapped> students
29-12 with disabilities and their families so that those students may
29-13 receive an appropriate free public education in the least
29-14 restrictive environment.
29-15 (b) The funds shall be used solely for eligible
29-16 <handicapped> students with disabilities who would remain or would
29-17 have to be placed in residential facilities primarily for
29-18 educational reasons without the provision of noneducational
29-19 community-based support services.
29-20 (c) The support services may include in-home family support,
29-21 respite care, and case management for families with a student who
29-22 otherwise would have been placed by a school district in a private
29-23 residential facility.
29-24 (d) The provision of services under this section does not
29-25 supersede or limit the responsibility of other agencies to provide
29-26 or pay for costs of noneducational community-based support services
29-27 to enable any <handicapped> student with disabilities to receive a
30-1 free appropriate public education in the least restrictive
30-2 environment. Specifically, services provided under this section
30-3 may not be used for a <handicapped> student with disabilities who
30-4 is currently placed or who needs to be placed in a residential
30-5 facility primarily for noneducational reasons.
30-6 SECTION 24. Section 21.920(c), Education Code, is amended to
30-7 read as follows:
30-8 (c) Suspension of a <handicapped> student with a disability
30-9 that <whose handicap> significantly interferes with the student's
30-10 ability to meet regular academic standards shall be based on the
30-11 student's failure to meet the requirements of the student's
30-12 individual education plan. The determination of whether a
30-13 disability <handicap> significantly interferes with a student's
30-14 ability to meet regular academic standards shall be made by the
30-15 student's admission, review, and dismissal committee. For purposes
30-16 of this subsection, "<handicapped> student with a disability" means
30-17 a student who is eligible for a district's special education
30-18 program under Section 21.503(b) of this code.
30-19 SECTION 25. The importance of this legislation and the
30-20 crowded condition of the calendars in both houses create an
30-21 emergency and an imperative public necessity that the
30-22 constitutional rule requiring bills to be read on three several
30-23 days in each house be suspended, and this rule is hereby suspended,
30-24 and that this Act take effect and be in force from and after its
30-25 passage, and it is so enacted.