1-1 By: McCoulskey (Senate Sponsor - Haley) H.B. No. 2203
1-2 (In the Senate - Received from the House April 26, 1993;
1-3 April 27, 1993, read first time and referred to Committee on
1-4 Education; May 6, 1993, reported favorably by the following vote:
1-5 Yeas 7, Nays 0; May 6, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to educational programs for students with disabilities.
1-22 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-23 SECTION 1. Section 1.04(c), Education Code, is amended to
1-24 read as follows:
1-25 (c) Any educational institution supported either wholly or
1-26 in part by state tax funds shall, if undertaking to provide
1-27 educational services to any individual within the jurisdiction or
1-28 geographical boundaries of the educational institution, provide
1-29 equal educational opportunities to all individuals within its
1-30 jurisdiction or geographical boundaries pursuant to the provisions
1-31 of this code and pursuant to the provisions of regulations
1-32 promulgated by the State Board of Education to give effect to the
1-33 intent of the legislature in its enactment of this code. No
1-34 individual otherwise eligible for educational services through an
1-35 educational institution supported either wholly or in part by state
1-36 tax funds may deny services to any <handicapped> student with
1-37 disabilities as defined in Section 21.503 of this code, but the
1-38 educational institution shall instead be obligated to provide
1-39 <handicapped> individuals with disabilities such special
1-40 educational services as might from time to time be authorized by
1-41 law or, where expressly authorized, to assist in and contribute
1-42 toward the provision of appropriate special educational services in
1-43 cooperation with other educational institutions and other
1-44 appropriate agencies, institutions, or departments.
1-45 SECTION 2. Section 11.03(i), Education Code, is amended to
1-46 read as follows:
1-47 (i) The Texas School for the Deaf shall:
1-48 (1) provide educational services on a day or
1-49 residential basis to deaf students for whom adequate educational
1-50 opportunities are unavailable in their local or regional programs;
1-51 (2) provide short-term services to deaf students so
1-52 that they may be better able to benefit from educational services
1-53 available in their local communities;
1-54 (3) provide services for <multiply handicapped> deaf
1-55 students with other disabilities who cannot be effectively assisted
1-56 through community programs but whose developmental capacities are
1-57 such that they should not be admitted to residential institutions
1-58 operated by the Texas Department of Mental Health and Mental
1-59 Retardation;
1-60 (4) be a primary resource to school districts for
1-61 promoting excellence in educational services for hearing-impaired
1-62 students;
1-63 (5) be a training and staff development resource for
1-64 those at the community level who are involved in providing
1-65 educational and related services to hearing-impaired students; and
1-66 (6) be a research and demonstration facility to
1-67 improve methods of providing educational services to meet the
1-68 current and future needs of hearing-impaired students.
2-1 SECTION 3. Section 11.032(a), Education Code, is amended to
2-2 read as follows:
2-3 (a) The Texas School for the Deaf shall provide the services
2-4 listed in Subdivisions (1) through (3) of Subsection (i) of Section
2-5 11.03 of this code to any student <who is an eligible handicapped
2-6 student> referred by a state agency or by the governing board of a
2-7 school district through the agency's or district's admission,
2-8 review, and dismissal committee and for whom the school is the
2-9 appropriate placement.
2-10 SECTION 4. Section 11.052, Education Code, is amended to
2-11 read as follows:
2-12 Sec. 11.052. Education For Children with Visual Impairments
2-13 <The Visually Handicapped>. (a) The Central Education Agency
2-14 shall develop and administer a comprehensive statewide plan for the
2-15 education of <visually handicapped> children with visual
2-16 impairments who are under 21 years of age which will ensure that
2-17 the children have an opportunity for achievement equal to the
2-18 opportunities afforded their peers with normal vision.
2-19 (b) The Central Education Agency shall be responsible for:
2-20 (1) the development of standards and guidelines for
2-21 all special education services for children with visual impairments
2-22 <the visually handicapped> which it is authorized to provide or
2-23 support pursuant to the provisions of this code, including matters
2-24 related to standards and accreditation;
2-25 (2) the supervision of such field offices as might
2-26 from time to time be established to assist local school districts
2-27 in serving <visually handicapped> children with visual impairments
2-28 more effectively;
2-29 (3) the development and administration of special
2-30 programs for children with <handicapped by> both serious visual
2-31 loss and serious hearing loss;
2-32 (4) the evaluation of special education services
2-33 provided for <visually handicapped> children with visual
2-34 impairments by local school districts and the approval or
2-35 disapproval of state funding of such services; and
2-36 (5) the maintenance of effective liaison between
2-37 special education programs provided for children with visual
2-38 impairments <the visually handicapped> by local school districts
2-39 and related initiatives exerted by the Texas Commission for the
2-40 Blind, the Department of Mental Health and Mental Retardation, the
2-41 Texas School for the Blind and Visually Impaired and other related
2-42 programs, agencies, or facilities as appropriate.
2-43 (c) The minimum components of the comprehensive statewide
2-44 plan for the education of children with visual impairments <the
2-45 visually handicapped> shall include but not be limited to the
2-46 following:
2-47 (1) adequate provision for comprehensive diagnosis and
2-48 evaluation of each school-age child having a serious visual
2-49 impairment;
2-50 (2) procedures, format, and content of the
2-51 individualized education program for each <such visually
2-52 handicapped> child with visual impairments;
2-53 (3) emphasis on providing educational services to
2-54 <visually handicapped> children with visual impairments in their
2-55 home communities whenever possible;
2-56 (4) methods to assure that <visually handicapped>
2-57 children with visual impairments receiving special education
2-58 services in local school systems receive, prior to being placed in
2-59 a classroom setting or within a reasonable time thereafter, the
2-60 compensatory skills training, communicative skills, orientation and
2-61 mobility training, social adjustment skills, and vocational or
2-62 career counseling required in order for such students to succeed in
2-63 classroom settings and to derive lasting benefits of a practical
2-64 nature from the education obtained in local school systems;
2-65 (5) flexibility on the part of the local school
2-66 systems to meet the special needs of <visually handicapped>
2-67 children with visual impairments through:
2-68 (A) specialty staff and resources provided by
2-69 the local school district;
2-70 (B) contractual arrangements with other
3-1 qualified agencies, either public or private;
3-2 (C) supportive assistance from regional service
3-3 centers, field offices of the Central Education Agency, or adjacent
3-4 school districts;
3-5 (D) short-term or long-term services through the
3-6 Texas School for the Blind and Visually Impaired or related types
3-7 of facilities or programs;
3-8 (E) other instructional and service arrangements
3-9 approved by the agency; or
3-10 (F) any combination of the foregoing;
3-11 (6) a statewide admission, review, and dismissal
3-12 process;
3-13 (7) provision for effective interreaction between the
3-14 visually impaired <handicapped> child's classroom setting and his
3-15 home environment, including provision for parental training and
3-16 counseling either by local school personnel or by representatives
3-17 of other organizations directly involved in the development and
3-18 implementation of the individualized education program for the
3-19 child;
3-20 (8) a requirement for the continuing education and
3-21 professional development of local school district staff providing
3-22 special education services to children with visual impairments <the
3-23 visually handicapped>;
3-24 (9) adequate monitoring and precise evaluation of
3-25 special education services provided to <visually handicapped>
3-26 children with visual impairments through local school districts;
3-27 and
3-28 (10) a requirement that local school districts
3-29 providing special education services to <visually handicapped>
3-30 children with visual impairments develop procedures for assuring
3-31 that staff assigned to work with the <visually handicapped>
3-32 children have prompt and effective access directly to resources
3-33 available through cooperating agencies in the area, through the
3-34 Texas School for the Blind and Visually Impaired, through the
3-35 Central Media Depository, the Comprehensive Diagnostic and
3-36 Evaluation Center, sheltered workshops participating in the state
3-37 program of purchases of blind-made goods and services, and related
3-38 types of resources.
3-39 (d) In developing, administering, and coordinating the
3-40 statewide plan for the education of children with visual
3-41 impairments <the visually handicapped>, the agency shall encourage
3-42 the use of all pertinent resources, whether such resources exist in
3-43 special education programs or in closely related programs operated
3-44 by other public or private agencies, through encouraging the
3-45 development of cooperative working relationships and by assisting
3-46 in the development of contractual arrangements between local school
3-47 districts and other organizations, and it shall be the duty of the
3-48 agency to discourage interagency competition, overlap, and
3-49 duplication in the development of specialized resources and the
3-50 delivery of services.
3-51 (e) Every eligible blind or visually impaired <handicapped>
3-52 student shall receive the educational programs according to an
3-53 individualized education program which:
3-54 (1) shall be developed following adequate diagnosis
3-55 and evaluation of all pertinent medical, psychological, social,
3-56 cultural, environmental, and related factors which bear on the
3-57 individual's ability to benefit from educational programs;
3-58 (2) shall be jointly developed by a representative of
3-59 an educational program who is qualified and experienced in working
3-60 with individuals with <handicapped by> serious visual loss, by the
3-61 blind or visually impaired <handicapped> individual and his parent
3-62 or guardian, and by representatives of other public or private
3-63 organizations providing or capable of providing specialized
3-64 services which tend to assure greater effectiveness of the
3-65 educational effort exerted in behalf of the blind or visually
3-66 impaired <handicapped> individual;
3-67 (3) specifies in measurable terms the goals and
3-68 objectives to be accomplished as a result of the educational and
3-69 specialized services to be provided by the various organizations
3-70 working with the blind or visually impaired <handicapped>
4-1 individual;
4-2 (4) specifies the time by which each service is to be
4-3 initiated, the anticipated duration of each service, and the time
4-4 within which the objectives and goals of the services might be
4-5 achieved;
4-6 (5) contains a procedure and schedule for periodic
4-7 review and evaluation of progress toward established objectives and
4-8 goals based on objective criteria and contains a record of the
4-9 reviews and evaluations;
4-10 (6) summarizes the views of the blind or visually
4-11 impaired <handicapped> individual, or as appropriate, his parent or
4-12 guardian or other representative concerning his goals and
4-13 objectives and the special services being provided;
4-14 (7) outlines the obligations undertaken by the
4-15 individual's family in connection with the individualized education
4-16 program, including family commitments regarding physical
4-17 restoration services, procurement of optical aids, and related
4-18 services;
4-19 (8) reflects that the individual has been provided a
4-20 detailed explanation of the various service resources available to
4-21 him within the community and throughout the state;
4-22 (9) reflects that the individualized education program
4-23 has been reviewed as frequently as necessary, but in no event less
4-24 than once annually, by competent educational authorities,
4-25 representatives of cooperating organizations, the individual, and
4-26 his parent or guardian and that the individualized education
4-27 program has been modified, refined, or redeveloped in a manner
4-28 consistent with determinations made through such review;
4-29 (10) describes in detail the arrangements made to
4-30 provide the blind or visually impaired <handicapped> individual
4-31 with orientation and mobility training, instruction in braille or
4-32 use of large print, other training to compensate for serious visual
4-33 loss, access to special media, and special tools, appliances, aids,
4-34 or devices commonly utilized by individuals with serious visual
4-35 losses; and
4-36 (11) sets forth the plans and arrangements made for
4-37 contacts with and continuing services to the blind or visually
4-38 impaired <handicapped> individual during periods in which he might
4-39 not be involved in school programs.
4-40 (f) In the development of the individualized education
4-41 program for a functionally blind student there is a presumption
4-42 that proficiency in Braille reading and writing is essential for
4-43 the student's satisfactory educational progress. Each functionally
4-44 blind student is entitled to Braille reading and writing
4-45 instruction that is sufficient to enable the student to communicate
4-46 with the same level of proficiency as other students of comparable
4-47 ability who are at the same grade level. Braille instruction may
4-48 be used in combination with other special education services
4-49 appropriate to the student's educational needs. The assessment of
4-50 each functionally blind student for the purpose of developing the
4-51 student's individualized education program must include
4-52 documentation of the student's strengths and weaknesses in Braille
4-53 skills. Each person assisting in the development of a functionally
4-54 blind student's individualized education program shall receive
4-55 information describing the benefits of Braille instruction. Each
4-56 functionally blind student's individualized education program
4-57 shall:
4-58 (1) specify the appropriate learning medium based on
4-59 the assessment report; and
4-60 (2) ensure that instruction in Braille will be
4-61 provided by a teacher certified to teach students with visual
4-62 impairments <handicaps>.
4-63 (g) For purposes of this section, the Central Education
4-64 Agency shall determine the criteria for a student to be classified
4-65 as functionally blind.
4-66 SECTION 5. Section 11.10(s), Education Code, is amended to
4-67 read as follows:
4-68 (s) Operating costs for the program in each regional day
4-69 school program for the deaf shall be determined and paid on the
4-70 following basis:
5-1 (1) An estimated allocation of $2,700 for each student
5-2 enrolled in the program of the regional day school program for the
5-3 deaf in any current year.
5-4 (2) Teachers, principals, supervisors, counselors,
5-5 para-professional and supporting personnel shall be employed in
5-6 such numbers as the Central Education Agency finds to be necessary
5-7 to establish and operate the regional day school programs for the
5-8 deaf, and such numbers shall not be less than student-professional
5-9 ratios known to be requisite for success in education of deaf
5-10 children. Salaries of all personnel employed in the regional day
5-11 school programs for the deaf shall be determined in accordance with
5-12 policies established by the State Board of Education.
5-13 (3) Local districts may receive allocations for
5-14 transportation of students participating in the regional day school
5-15 programs determined in the same manner as allocations for the
5-16 transportation of other special education students <on the same
5-17 basis as that provided for in Section 16.206 of this code>.
5-18 SECTION 6. Sections 11.102 and 11.103, Education Code, are
5-19 amended to read as follows:
5-20 Sec. 11.102. SUPPLEMENTAL ALLOWANCES FOR EXCEPTIONAL
5-21 EXPENSES OF EDUCATING STUDENTS WITH VISUAL IMPAIRMENTS <BLIND
5-22 EDUCATION>. From the Foundation School Fund there shall be made
5-23 available a special supplemental allowance for each blind student
5-24 or for each student with a serious visual disability <handicap> and
5-25 another medically diagnosed disability <handicap> of a
5-26 significantly limiting nature, who is receiving special education
5-27 services through any approved program whatsoever. The amount of
5-28 the special supplemental allowance for each blind student or for
5-29 each <such multiply handicapped> student with multiple disabilities
5-30 shall be equivalent to the special allocation for deaf students
5-31 enrolled in regional day school programs, as authorized by
5-32 Paragraph (1), Subsection (s), Section 11.10 of this code. The
5-33 supplemental allowances may be expended only for special services
5-34 uniquely required by the nature of the student's disabilities
5-35 <handicap> and may not be used in lieu of educational funds
5-36 otherwise available under this code and through state or local
5-37 appropriations.
5-38 Sec. 11.103. COORDINATION OF SERVICES TO <HANDICAPPED>
5-39 CHILDREN WITH DISABILITIES. (a) In this section "<handicapped>
5-40 children with disabilities" has the meaning described in
5-41 Section 21.503 <defined in Section 16.104(b)> of this code.
5-42 (b) The commissioner of education, with the approval of the
5-43 State Board of Education, shall develop and implement a plan for
5-44 the coordination of services to <handicapped> children with
5-45 disabilities within each geographical area served by a regional
5-46 education service center. The plan shall include, but may not be
5-47 limited to, procedures for:
5-48 (1) identifying existing public or private educational
5-49 and related services for <handicapped> children with disabilities
5-50 in each region;
5-51 (2) identifying and referring <handicapped> children
5-52 with disabilities who cannot be appropriately served by the school
5-53 district in which they reside to other appropriate programs;
5-54 (3) assisting school districts individually and
5-55 cooperatively to develop programs to identify and provide
5-56 appropriate services for <handicapped> children with disabilities;
5-57 (4) expanding and coordinating services provided by
5-58 regional education service centers which are related to programs
5-59 for <handicapped> children with disabilities; and
5-60 (5) providing for special services such as special
5-61 seats, books, instructional media, and other supplemental supplies
5-62 and services required for quality instruction.
5-63 (c) The commissioner may allocate appropriated funds to
5-64 regional education service centers and may otherwise expend those
5-65 funds, as necessary, to implement the provisions of this section.
5-66 SECTION 7. Section 11.33(c)(1), Education Code, is amended
5-67 to read as follows:
5-68 (c)(1) The State Board of Education shall promulgate rules,
5-69 in compliance with the approved statewide design for special
5-70 education, to provide for a plan for the coordination of services
6-1 to <handicapped> children with disabilities within each
6-2 geographical area served by a Regional Education Service Center.
6-3 Regional Education Service Centers, under the procedures set forth
6-4 in this plan, may provide supplementary or technical assistance to
6-5 school districts for:
6-6 (A) identification of existing public or private
6-7 educational and related services for <handicapped> children with
6-8 disabilities in each region;
6-9 (B) identification and referral of <handicapped>
6-10 children with disabilities who cannot be appropriately served by
6-11 the school district in which they reside to other appropriate
6-12 programs;
6-13 (C) assistance to school districts individually
6-14 and cooperatively to develop programs to identify and provide
6-15 appropriate services for <handicapped> children with disabilities;
6-16 (D) expansion and coordination of services
6-17 provided by Regional Education Service Centers which are related to
6-18 programs for <handicapped> children with disabilities; and
6-19 (E) provision for special services such as
6-20 special seats, books, instructional media, and other supplemental
6-21 supplies and services required for quality instruction.
6-22 SECTION 8. Sections 12.03(a) and (b), Education Code, are
6-23 amended to read as follows:
6-24 (a) The State Board of Education is authorized to acquire,
6-25 purchase, and contract for free textbooks for the education of
6-26 blind and visually impaired <handicapped> public school students.
6-27 In addition, for a teacher who is blind or visually impaired, the
6-28 board shall provide a teacher edition in braille or large type, as
6-29 appropriate as determined by the teacher, for each textbook the
6-30 teacher uses in the instruction of students. For each school year,
6-31 the teacher editions must be available at the same time the student
6-32 textbooks become available. The textbooks shall be acquired,
6-33 purchased, or contracted for as provided by Subchapter B of this
6-34 chapter and by any applicable rule adopted by the State Board of
6-35 Education. The board may also enter into agreements providing for
6-36 the acceptance, requisition, and distribution of books and
6-37 instructional aids pursuant to Public Law 922, 84th Congress, or as
6-38 amended, for use by students enrolled in public or private
6-39 non-profit schools. The agreements may include the purchase of
6-40 textbooks for blind and visually impaired <handicapped> students
6-41 attending private, non-profit schools if no state funds except for
6-42 administrative cost are involved.
6-43 (b) For purposes of this section, a blind and/or visually
6-44 impaired <handicapped> scholastic means and includes any pupil
6-45 whose visual acuity is impaired to the extent that he is unable to
6-46 read the print in regularly adopted textbooks used in the subject
6-47 class.
6-48 SECTION 9. Section 14.044(f), Education Code, is amended to
6-49 read as follows:
6-50 (f) The activities of the center shall include the
6-51 development of:
6-52 (1) new applications of technology specifically
6-53 designed for education purposes;
6-54 (2) prototype educational applications of a technology
6-55 originally developed for commercial or other purposes;
6-56 (3) prototypes of technological devices for
6-57 <handicapped> students with disabilities and teachers;
6-58 (4) computer-based methods for diagnosing students'
6-59 learning methods; and
6-60 (5) other applications of educational technology
6-61 designed to improve the quality and efficiency of the educational
6-62 process.
6-63 SECTION 10. Section 16.151(b), Education Code, is amended to
6-64 read as follows:
6-65 (b) A special instructional arrangement for <handicapped>
6-66 students with disabilities residing in care and treatment
6-67 facilities, other than state schools, whose parents or guardians do
6-68 not reside in the district providing education services shall be
6-69 established under the rules of the State Board of Education. The
6-70 funding weight for this arrangement shall be 5.0 for those students
7-1 who receive their education service on a local school district
7-2 campus. A special instructional arrangement for <handicapped>
7-3 students with disabilities residing in state schools shall be
7-4 established under the rules of the State Board of Education with a
7-5 funding weight of 5.0.
7-6 SECTION 11. Sections 16.155(a) and (c), Education Code, are
7-7 amended to read as follows:
7-8 (a) For each full-time equivalent student in average daily
7-9 attendance in an approved vocational education program in grades
7-10 nine through 12 or in vocational education <for the handicapped>
7-11 programs for students with disabilities in grades seven through 12,
7-12 a district is entitled to an annual allotment equal to the adjusted
7-13 basic allotment multiplied by a weight of 1.37.
7-14 (c) Funds allocated under this section, other than an
7-15 indirect cost allotment established under State Board of Education
7-16 rule, must be used in providing vocational education programs in
7-17 grades nine through 12 or vocational education <for the
7-18 handicapped> programs for students with disabilities in grades
7-19 seven through 12 under the provisions of Sections 21.111, 21.1111,
7-20 and 21.112 of this code.
7-21 SECTION 12. Sections 16.156(b) and (g), Education Code, are
7-22 amended to read as follows:
7-23 (b) As used in this section:
7-24 (1) "Regular eligible pupil" means a pupil who resides
7-25 two or more miles from his or her campus of regular attendance,
7-26 measured along the shortest route that may be traveled on public
7-27 roads, and who is not classified as a <an eligible handicapped>
7-28 pupil eligible for special education services.
7-29 (2) "Eligible special education <handicapped> pupil"
7-30 means a pupil who is eligible for special education services under
7-31 <handicapped as defined in> Section 21.503 of this code and who
7-32 would be unable to attend classes without special transportation
7-33 services.
7-34 (3) "Linear density" means the average number of
7-35 regular eligible pupils transported daily, divided by the approved
7-36 daily route miles traveled by the respective transportation system.
7-37 (g) A school district or county that provides special
7-38 transportation services for eligible special education
7-39 <handicapped> pupils is entitled to a state allocation paid on a
7-40 previous year's cost-per-mile basis. The maximum rate per mile
7-41 allowable shall be set by appropriation based on data gathered from
7-42 the first year of each preceding biennium. Districts may use a
7-43 portion of their support allocation to pay transportation costs, if
7-44 necessary. The commissioner of education may grant an amount set
7-45 by appropriation for private transportation to reimburse parents or
7-46 their agents for transporting eligible special education
7-47 <handicapped> pupils. The mileage allowed shall be computed along
7-48 the shortest public road from the pupil's home to school and back,
7-49 morning and afternoon. The need for this type transportation shall
7-50 be determined on an individual basis and shall be approved only in
7-51 extreme hardship cases.
7-52 SECTION 13. Section 21.113(b), Education Code, is amended to
7-53 read as follows:
7-54 (b) The master plan design must include the provision of
7-55 vocational programs through public school districts and public
7-56 postsecondary institutions and the support of those programs by
7-57 private employers and proprietary schools. The vocational programs
7-58 must be designed to meet the needs of new and emerging occupations
7-59 listed on the State Board of Education priority list of occupations
7-60 and to meet the needs of special population groups such as
7-61 <handicapped> persons who are disabled, disadvantaged persons, and
7-62 adults.
7-63 SECTION 14. Section 21.301(d), Education Code, is amended to
7-64 read as follows:
7-65 (d) Except as provided by this subsection, removal to a
7-66 supervised alternative education setting may not extend beyond the
7-67 end of the semester during which the conduct that directly led to
7-68 the removal occurred. If the conduct occurred during the final
7-69 six-week reporting period of a semester, the removal may extend
7-70 beyond the end of that semester but may not extend beyond the end
8-1 of the next semester. The board may permit the student to remain
8-2 in the alternative program for an additional period agreed on by
8-3 the student, the student's parent or guardian, the supervisor of
8-4 the alternative program, and the principal of the student's home
8-5 school if they agree that the additional period would best serve
8-6 the student's educational interest. This subsection does not apply
8-7 to the placement of a <handicapped> student with disabilities in
8-8 an alternative program in accordance with the decision of an
8-9 admission, review, and dismissal committee.
8-10 SECTION 15. Section 21.3011(l), Education Code, is amended
8-11 to read as follows:
8-12 (l) A rehabilitation district that admits <handicapped>
8-13 delinquent children with disabilities shall admit a child referred
8-14 by a juvenile court located in the district if the ARD committee of
8-15 the district has determined that the district has sufficient
8-16 facilities and personnel available.
8-17 SECTION 16. Section 21.455(c), Education Code, is amended to
8-18 read as follows:
8-19 (c) The language proficiency assessment committee may
8-20 classify a student as limited English proficiency if one or more of
8-21 the following criteria are met:
8-22 (1) the student's ability in English is so limited or
8-23 the student's disabilities are so severe <student is so
8-24 handicapped> that assessment procedures cannot be administered;
8-25 (2) the student's score or relative degree of
8-26 achievement on the agency-approved English proficiency test is
8-27 below the levels established by the agency as indicative of
8-28 reasonable proficiency;
8-29 (3) the student's primary language proficiency score
8-30 as measured by an agency-approved test is greater than his
8-31 proficiency in English; or
8-32 (4) the language proficiency assessment committee
8-33 determines, based on other information such as (but not limited to)
8-34 teacher evaluation, parental viewpoint, or student interview, that
8-35 the student's primary language proficiency is greater than his
8-36 proficiency in English or that the student is not reasonably
8-37 proficient in English.
8-38 SECTION 17. Sections 21.501 and 21.502, Education Code, are
8-39 amended to read as follows:
8-40 Sec. 21.501. Statewide Plan. The State Board of Education
8-41 shall develop, and modify as necessary, a statewide design for the
8-42 delivery of services to <handicapped> children with disabilities in
8-43 Texas which includes rules for the administration and funding of
8-44 the special education program so that a free appropriate public
8-45 education is available to all of those <handicapped> children
8-46 between the ages of three and 21. The statewide design shall
8-47 include, but may not be limited to, the provision of services
8-48 primarily through local school districts and special education
8-49 cooperatives, supplemented by a regional delivery structure. The
8-50 board shall further develop and implement a statewide plan with
8-51 programmatic content which includes procedures designed to:
8-52 (1) ensure state compliance with requirements for
8-53 supplemental federal funding for all state-administered programs
8-54 involving the delivery of instructional or related services to
8-55 <handicapped> students with disabilities <as defined in this
8-56 section>;
8-57 (2) facilitate interagency coordination when state
8-58 agencies other than the Central Education Agency are involved in
8-59 the delivery of instructional or related services to <handicapped>
8-60 students with disabilities;
8-61 (3) assess statewide personnel needs in all areas of
8-62 specialization related to special education on a periodic basis and
8-63 pursue strategies to meet those needs through a consortium of
8-64 representatives from regional education service centers, local
8-65 education agencies, and institutions of higher education and
8-66 through other available alternatives;
8-67 (4) ensure that regional education service centers
8-68 throughout the state maintain a regional support function, which
8-69 may include direct service delivery and a component designed to
8-70 facilitate the placement of <handicapped> students with
9-1 disabilities who cannot be appropriately served within their
9-2 resident districts;
9-3 (5) allow the Central Education Agency to effectively
9-4 monitor and periodically conduct site visits of all local districts
9-5 to ensure that rules adopted under this section are applied in a
9-6 consistent and uniform manner, to ensure that districts are
9-7 complying with those rules, and to ensure that annual statistical
9-8 reports filed by the districts are accurate and complete;
9-9 (6) ensure that appropriately trained personnel are
9-10 involved in the diagnostic and evaluation procedures operating in
9-11 all local districts and that those personnel routinely serve on
9-12 local district admissions, review, and dismissal teams;
9-13 (7) ensure that an individualized education plan for
9-14 each <handicapped> student with a disability is properly
9-15 developed, implemented, and maintained in the least restrictive
9-16 environment which is appropriate to meet the student's educational
9-17 needs;
9-18 (8) ensure that, when appropriate, each <handicapped>
9-19 student with a disability is provided an opportunity to participate
9-20 in vocational and physical education classes, in addition to
9-21 participation in regular or special classes; and
9-22 (9) ensure that each <handicapped> student with a
9-23 disability is provided necessary related services.
9-24 Sec. 21.502. Definitions. As used in this subchapter,
9-25 "special services" means:
9-26 (1) "special teaching," which may be provided by
9-27 professional and paraprofessional personnel in the following
9-28 instructional settings:
9-29 (A) resource room;
9-30 (B) self-contained classroom, regular or special
9-31 campus;
9-32 (C) hospital or community class;
9-33 (D) homebound or bedside;
9-34 (E) speech or hearing therapy class; or
9-35 (2) "related services," which are developmental,
9-36 corrective, supportive, or evaluative services, not instructional
9-37 in nature, that may be required for the proper development and
9-38 implementation of a <handicapped> student's individualized
9-39 educational plan, including but not limited to special
9-40 transportation, school health services, counseling with students or
9-41 families, psychological services, audiological services, visual
9-42 training, medical or psychiatric diagnostic services, occupational
9-43 therapy, physical therapy, recreational therapy, social work
9-44 services, parent counseling and training, adaptive equipment,
9-45 special seating, orientation and mobility training, speech therapy,
9-46 music therapy, and corrective therapy.
9-47 SECTION 18. Section 21.503, Education Code, is amended to
9-48 read as follows:
9-49 Sec. 21.503. Eligibility Criteria. (a) The commissioner,
9-50 with the approval of the State Board of Education, shall develop
9-51 specific eligibility criteria based on the general classifications
9-52 established by this section with reference to contemporary
9-53 diagnostic or evaluative terminologies and techniques. Eligible
9-54 <handicapped> students with disabilities shall enjoy the right to a
9-55 free appropriate public education, which may include instruction in
9-56 the regular classroom, instruction through special teaching, or
9-57 instruction through contracts approved under this section.
9-58 Instruction shall be supplemented by the provision of related
9-59 services when appropriate.
9-60 (b) The following students are eligible to participate in a
9-61 school district's special education program:
9-62 (1) a student not more than 21 years of age with a
9-63 visual or auditory impairment that prevents the student from being
9-64 adequately or safely educated in the public schools without the
9-65 provision of special services; and
9-66 (2) a student at least three but not more than 21
9-67 years of age with one or more of the following disabilities that
9-68 prevents the student from being adequately or safely educated in
9-69 the public schools without the provision of special services:
9-70 (A) physical disability;
10-1 (B) mental retardation;
10-2 (C) emotional disturbance;
10-3 (D) learning disability;
10-4 (E) autism; or
10-5 (F) speech disability. <The following
10-6 classifications of handicapped students shall serve as the general
10-7 eligibility criteria for participation in a district's special
10-8 education program:>
10-9 <(1) "Handicapped students" means students between the
10-10 ages of 3 and 21, inclusive:>
10-11 <(A) with educational handicaps (physically
10-12 handicapped, auditorially handicapped, visually handicapped,
10-13 mentally retarded, emotionally disturbed, learning disabled,
10-14 speech handicapped, autistic, or multiply handicapped); and
10-15 children leaving and not attending public school for a time because
10-16 of pregnancy; and>
10-17 <(B) whose disabilities are so limiting as to
10-18 require the provision of special services in place of or in
10-19 addition to instruction in the regular classroom.>
10-20 <(2) "Physically handicapped students" means students
10-21 whose body functions or members are so impaired from any cause that
10-22 they cannot be adequately or safely educated in the regular classes
10-23 of the public schools without the provision of special services.>
10-24 <(3) "Auditorially handicapped students" means
10-25 students whose hearing is so impaired that they cannot be
10-26 adequately educated in the regular classes of the public schools
10-27 without the provision of special services.>
10-28 <(4) "Visually handicapped students" means students
10-29 whose sight is so impaired that they cannot be adequately or safely
10-30 educated in the regular classes of the public schools without the
10-31 provision of special services.>
10-32 <(5) "Mentally retarded students" means students with
10-33 significantly subaverage general intellectual functioning existing
10-34 concurrently with deficiencies in adaptive behavior and manifested
10-35 during the developmental period such that they cannot be adequately
10-36 educated in the regular classes of the public schools without the
10-37 provision of special services.>
10-38 <(6) "Emotionally disturbed students" means students
10-39 whose emotional condition is psychologically or psychiatrically
10-40 determined to be such that they cannot be adequately and safely
10-41 educated in the regular classes of the public schools without the
10-42 provision of special services.>
10-43 <(7) "Learning disabled students" means students:>
10-44 <(A) who demonstrate a significant discrepancy
10-45 between academic achievement and intellectual abilities in one or
10-46 more of the areas of oral expression, listening comprehension,
10-47 written expression, basic reading skills, reading comprehension,
10-48 mathematics calculation, mathematics reasoning, or spelling;>
10-49 <(B) for whom it is determined that the
10-50 discrepancy is not primarily the result of visual handicap, hearing
10-51 impairment, mental retardation, emotional disturbance, or
10-52 environmental, cultural, or economic disadvantage; and>
10-53 <(C) for whom the inherent disability exists to
10-54 a degree such that they cannot be adequately served in the regular
10-55 classes of the public schools without the provision of special
10-56 services other than those provided under compensatory education
10-57 programs.>
10-58 <(8) "Speech handicapped students" means students
10-59 whose speech is so impaired that they cannot be adequately educated
10-60 in regular classes of the public schools without the provision of
10-61 special services.>
10-62 <(9) "Autistic students" means students whose
10-63 disturbances of speech and language, relatedness, perception,
10-64 developmental rate, and motility are such that they cannot be
10-65 adequately educated in the regular classes of the public schools
10-66 without the provision of special services.>
10-67 <(10) "Multiply handicapped students" means students
10-68 handicapped by any two or more of the handicapping conditions
10-69 described in Subdivisions (2) through (9) of this subsection that
10-70 may result in multisensory or motor deficiencies and developmental
11-1 lags in the cognitive, affective, or psychomotor areas such that
11-2 they cannot be adequately educated in the regular classes of the
11-3 public schools without the provision of special services.>
11-4 SECTION 19. Section 21.504, Education Code, is amended to
11-5 read as follows:
11-6 Sec. 21.504. Personnel Contracts. Special education
11-7 personnel may be employed on a full-time, part-time, or
11-8 consultative basis. Any school district may employ special
11-9 education personnel on a 10-, 11-, or 12-month basis. Teachers
11-10 <Handicapped students' teachers>, paraprofessional personnel, or
11-11 related service personnel employed on an extended basis shall,
11-12 during the extended period of their contract, only be engaged in
11-13 pupil evaluations or in direct service delivery to <handicapped>
11-14 students with disabilities for which the disruption of continuous
11-15 services may result in severe regression.
11-16 SECTION 20. Section 21.5042, Education Code, is amended by
11-17 amending Subsection (a) and adding Subsection (a-1) to read as
11-18 follows:
11-19 (a) The governor shall appoint a continuing advisory
11-20 committee, composed of 17 members, under 20 U.S.C. Section
11-21 1413(a)(12). The appointments are not subject to confirmation by
11-22 the senate. Members of the committee are appointed for staggered
11-23 terms of four <two> years with the terms of eight or nine members
11-24 expiring on February 1 of each odd-numbered year.
11-25 (a-1) Members of the advisory committee appointed in 1993
11-26 shall draw lots for nine four-year terms and eight two-year terms.
11-27 Thereafter, all members shall be appointed for four-year terms.
11-28 This subsection expires February 1, 1995.
11-29 SECTION 21. Sections 21.506(a) and (b), Education Code, are
11-30 amended to read as follows:
11-31 (a) Any local district, special education cooperative, or
11-32 regional education service center may contract with any public or
11-33 private facility, institution, or agency within or outside of this
11-34 state for the provision of services to <handicapped> students with
11-35 disabilities under rules adopted by the State Board of Education.
11-36 Contracts for residential placements, including placements with the
11-37 Texas Department of Mental Health and Mental Retardation and its
11-38 community facilities, Texas School for the Blind and Visually
11-39 Impaired, Texas School for the Deaf, and other public or private
11-40 agencies, institutions, or facilities, shall be approved by the
11-41 commissioner. The rules shall provide for approval of residential
11-42 placement contracts only after at least a programmatic evaluation
11-43 of personnel qualifications, adequacy of physical plant and
11-44 equipment, and curriculum content. Either the whole or a part of a
11-45 facility or program may be approved. Rules relating to the
11-46 residential contract approval process shall include provisions
11-47 designed to ensure that no contract is approved which:
11-48 (1) involves the delivery of unapproved services;
11-49 (2) involves the delivery of services which the
11-50 district is capable of providing or is developing the capability to
11-51 provide; or
11-52 (3) is not cost-effective when compared with other
11-53 alternatives.
11-54 (b) Except as provided by Subsection (c) of this section,
11-55 contracts for residential placements when approved may be paid for
11-56 from a combination of federal, state, and local funds. The local
11-57 share of the total contract cost per pupil is that portion of the
11-58 local tax effort (total dollars generated by debt service and
11-59 maintenance taxes) which exceeds the district's local fund
11-60 assignment, divided by the average daily attendance in the
11-61 district. If the contract involves a private facility, the state
11-62 share of the total contract cost is that which remains after
11-63 subtracting the local share. If the contract involves a public
11-64 facility <other than a program or facility administered by the
11-65 Central Education Agency>, the state share is that which remains
11-66 after subtracting the local share from that portion of the contract
11-67 which involves the costs of instructional and related services.
11-68 <If the contract involves a program or facility administered by the
11-69 Central Education Agency, there is no state share paid from this
11-70 program.>
12-1 SECTION 22. Section 21.509(a), Education Code, is amended to
12-2 read as follows:
12-3 (a) The Central Education Agency shall monitor school
12-4 district compliance with federal and state laws relating to special
12-5 education by inspecting each school district at the district's
12-6 facilities <at least every five years>. The agency may determine
12-7 the appropriate schedule for and extent of the inspection.
12-8 SECTION 23. Section 21.512, Education Code, is amended to
12-9 read as follows:
12-10 Sec. 21.512. NONEDUCATIONAL COMMUNITY-BASED SUPPORT SERVICES
12-11 FOR CERTAIN <HANDICAPPED> STUDENTS WITH DISABILITIES. (a) The
12-12 Central Education Agency shall establish procedures and criteria
12-13 for the allocation of funds appropriated pursuant to this section
12-14 to school districts for the provision of noneducational
12-15 community-based support services to certain <handicapped> students
12-16 with disabilities and their families so that those students may
12-17 receive an appropriate free public education in the least
12-18 restrictive environment.
12-19 (b) The funds shall be used solely for eligible
12-20 <handicapped> students with disabilities who would remain or would
12-21 have to be placed in residential facilities primarily for
12-22 educational reasons without the provision of noneducational
12-23 community-based support services.
12-24 (c) The support services may include in-home family support,
12-25 respite care, and case management for families with a student who
12-26 otherwise would have been placed by a school district in a private
12-27 residential facility.
12-28 (d) The provision of services under this section does not
12-29 supersede or limit the responsibility of other agencies to provide
12-30 or pay for costs of noneducational community-based support services
12-31 to enable any <handicapped> student with disabilities to receive a
12-32 free appropriate public education in the least restrictive
12-33 environment. Specifically, services provided under this section
12-34 may not be used for a <handicapped> student with disabilities who
12-35 is currently placed or who needs to be placed in a residential
12-36 facility primarily for noneducational reasons.
12-37 SECTION 24. Section 21.920(c), Education Code, is amended to
12-38 read as follows:
12-39 (c) Suspension of a <handicapped> student with a disability
12-40 that <whose handicap> significantly interferes with the student's
12-41 ability to meet regular academic standards shall be based on the
12-42 student's failure to meet the requirements of the student's
12-43 individual education plan. The determination of whether a
12-44 disability <handicap> significantly interferes with a student's
12-45 ability to meet regular academic standards shall be made by the
12-46 student's admission, review, and dismissal committee. For purposes
12-47 of this subsection, "<handicapped> student with a disability" means
12-48 a student who is eligible for a district's special education
12-49 program under Section 21.503(b) of this code.
12-50 SECTION 25. The importance of this legislation and the
12-51 crowded condition of the calendars in both houses create an
12-52 emergency and an imperative public necessity that the
12-53 constitutional rule requiring bills to be read on three several
12-54 days in each house be suspended, and this rule is hereby suspended,
12-55 and that this Act take effect and be in force from and after its
12-56 passage, and it is so enacted.
12-57 * * * * *
12-58 Austin,
12-59 Texas
12-60 May 6, 1993
12-61 Hon. Bob Bullock
12-62 President of the Senate
12-63 Sir:
12-64 We, your Committee on Education to which was referred H.B.
12-65 No. 2203, have had the same under consideration, and I am
12-66 instructed to report it back to the Senate with the recommendation
12-67 that it do pass and be printed.
12-68 Ratliff,
12-69 Chairman
12-70 * * * * *
13-1 WITNESSES
13-2 FOR AGAINST ON
13-3 ___________________________________________________________________
13-4 Name: Camilla Bordie x
13-5 Representing: Texas Education Agency
13-6 City: Austin
13-7 -------------------------------------------------------------------