By Zaffirini                                     S.B. No. 198

      75R2562 CAS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to programs for public school students with autism or

 1-3     pervasive development disorder.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 29, Education Code, is amended by adding

 1-6     Subchapter J to read as follows:

 1-7             SUBCHAPTER J.  PROGRAMS FOR STUDENTS WITH AUTISM OR

 1-8                       PERVASIVE DEVELOPMENT DISORDER

 1-9           Sec. 29.351.  DEFINITIONS.  In this subchapter:

1-10                 (1)  "Autism" means a developmental disability that

1-11     significantly affects verbal and nonverbal communication and social

1-12     interaction, is generally evident before age three, and adversely

1-13     affects a child's educational performance and that may include

1-14     engaging in repetitive activities and stereotyped movements,

1-15     resisting environmental change or change in daily routines, and

1-16     responding in an unusual manner to sensory experiences.  The term

1-17     includes a disability for which a diagnosis of "autistic-like" has

1-18     been made.

1-19                 (2)  "Pervasive development disorder" includes a

1-20     developmental disorder for which a diagnosis of Asperger's syndrome

1-21     has been made.

1-22           Sec. 29.352.  DELIVERY OF SERVICES.  A school district shall

1-23     deliver services under this subchapter in conjunction with or in

1-24     addition to services delivered under Subchapter A, as appropriate.

 2-1           Sec. 29.353.  ASSESSMENT, ADMISSION, AND REVIEW CRITERIA.

 2-2     (a)  A student with autism or pervasive development disorder must

 2-3     be assessed under Subchapter A and this section by professionals

 2-4     who are specifically trained in autism and pervasive development

 2-5     disorder, who have worked with and observed individuals with autism

 2-6     and pervasive development disorder, and who are skilled in

 2-7     determining communication, behavioral, and developmental levels.

 2-8           (b)  During all assessments of a student with autism or

 2-9     pervasive development disorder, throughout the admission, review,

2-10     and dismissal process, and in the development of the student's

2-11     individualized education program, a school district shall address:

2-12                 (1)  extended educational services based on the

2-13     specific needs of the student, including extended year services,

2-14     in-home services, and parent training, provided in various

2-15     settings;

2-16                 (2)  predictable daily schedules that include minimal

2-17     unstructured time;

2-18                 (3)  prevocational and vocational needs of the student

2-19     if the student is 12 years of age or older or if the student is

2-20     younger than 12 years of age but addressing those needs is

2-21     appropriate, in accordance with the requirements prescribed by the

2-22     student's admission, review, and dismissal committee and federal

2-23     and state law;

2-24                 (4)  appropriate staff support in all school settings,

2-25     including off-campus settings identified in the admission, review,

2-26     and dismissal process, based on the individualized educational

2-27     needs of the student, with a preference for maximum inclusion and

 3-1     limitation on grouping of students with autism or pervasive

 3-2     development disorder in a single instructional setting; and

 3-3                 (5)  development of a behavior modification plan based

 3-4     on the social, communication, and sensory needs of the student, in

 3-5     collaboration with a qualified psychologist, a speech pathologist

 3-6     knowledgeable and trained in autism and pervasive development

 3-7     disorder, and the student's parents, that:

 3-8                       (A)  outlines objectives for improving behavioral

 3-9     and social skills in order of priority;

3-10                       (B)  is based on a functional analysis approach;

3-11                       (C)  specifies a communication system to be used

3-12     across all  settings; and

3-13                       (D)  outlines strategies for addressing the

3-14     behaviors related to autism or pervasive development disorder in

3-15     order of priority.

3-16           Sec. 29.354.  UNIQUE COMMUNICATION.  (a)  A school district

3-17     must provide a student with autism or pervasive development

3-18     disorder an education in which the student's most appropriate

3-19     system of communication is identified through the assessment

3-20     process under Subchapter A and Section 29.353 and developed on an

3-21     ongoing basis, commensurate with the communication progress of the

3-22     student, to an appropriate level of proficiency to allow the

3-23     student to communicate with others across all environments.

3-24           (b)  The communication system identified and developed may be

3-25     verbal communication or alternative communication such as signing,

3-26     gesturing, using picture symbols, or using electronic devices.

3-27           Sec. 29.355.  QUALIFICATIONS OF PERSONNEL.  Regular and

 4-1     special education teachers, psychologists, speech and language

 4-2     therapists, occupational therapists, progress assessors,

 4-3     administrators, diagnosticians, and other members of the assessment

 4-4     team, as well as others involved in the education of a student with

 4-5     autism or pervasive development disorder, must be knowledgeable in

 4-6     implementing the student's individualized education program.

 4-7           Sec. 29.356.  TRANSITION INTO REGULAR CLASS.  (a)  Each

 4-8     school district shall develop an individualized education program

 4-9     for a student with autism or pervasive development disorder that

4-10     educates the student in the least restrictive environment possible,

4-11     with appropriate support and services, to allow maximum integration

4-12     of the student with students of the same age who are not disabled.

4-13           (b)  If the least restrictive environment does not provide

4-14     for full inclusion of the student with students who are not

4-15     disabled, the school district in which the student is enrolled

4-16     shall develop and implement a transition plan for the transition of

4-17     the student into a regular class program.   This subsection applies

4-18     if a student is to be placed into a regular class in a public

4-19     school for any part of the school day.  The transition plan must:

4-20                 (1)  provide for activities and support to integrate

4-21     the student into the regular education program; and

4-22                 (2)  specify the nature of each activity and the time

4-23     spent on the activity each day.

4-24           SECTION 2.  This Act applies beginning with the 1997-1998

4-25     school year.

4-26           SECTION 3.  The importance of this legislation and the

4-27     crowded condition of the calendars in both houses create an

 5-1     emergency and an imperative public necessity that the

 5-2     constitutional rule requiring bills to be read on three several

 5-3     days in each house be suspended, and this rule is hereby suspended,

 5-4     and that this Act take effect and be in force from and after its

 5-5     passage, and it is so enacted.