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.