78R10770 CAS-D
By: Eissler H.B. No. 1339
Substitute the following for H.B. No. 1339:
By: Eissler C.S.H.B. No. 1339
A BILL TO BE ENTITLED
AN ACT
relating to certain information that a school district must provide
to the parent of or person standing in parental relation to a
district student and to evaluation of a student for special
education services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 26.0081, Education Code,
is amended to read as follows:
Sec. 26.0081. RIGHT TO INFORMATION CONCERNING SPECIAL
EDUCATION AND EDUCATION OF STUDENTS WITH LEARNING DIFFICULTIES.
SECTION 2. Section 26.0081, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) The agency shall produce and provide to school districts
a written explanation of the options and requirements for providing
assistance to students who have learning difficulties or who need
or may need special education. The explanation must state that a
parent is entitled at any time to request an evaluation of the
parent's child for special education services under Section 29.004.
Each school year, each district shall provide the written
explanation to a parent of each district student by including the
explanation in the student handbook or by another means.
SECTION 3. Section 29.004, Education Code, is amended to
read as follows:
Sec. 29.004. FULL INDIVIDUAL AND INITIAL EVALUATION. (a) A
written report of a full individual and initial evaluation of a
student for purposes of special education services shall be
completed not later than the 60th calendar day following the date on
which the school district, in accordance with 20 U.S.C. Section
1414(a), as amended, receives written consent [referral] for the
evaluation, signed by [was initiated by school personnel,] the
student's parent or legal guardian[, or another appropriate
person].
(b) The evaluation shall be conducted using procedures that
are appropriate for the student's most proficient method of
communication.
SECTION 4. (a) Each school district shall provide the
explanation required under Section 26.0081(c), Education Code, as
added by this Act, beginning with the 2004-2005 school year.
(b) Section 29.004, Education Code, as amended by this Act,
applies to the date on which a report of an evaluation of a student
for special education services must be completed only in the case of
an evaluation performed on or after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2003.