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.