By Dutton H.B. No. 3025 76R8091 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 1999-2000 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.