78R7636 CAS-D

By:  Eissler                                                      H.B. No. 2822



A BILL TO BE ENTITLED

AN ACT

relating to certain school district employees who evaluate students 
with speech impairments and to the State Board of Examiners for 
Speech-Language Pathology and Audiology.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter A, Chapter 29, Education Code, is 
amended by adding Section 29.0041 to read as follows:
	Sec. 29.0041.  DETERMINATION OF ELIGIBILITY OF STUDENTS WITH 
SPEECH IMPAIRMENTS.  (a)  In determining the eligibility of a 
student to participate in a school district's special education 
program based on the student's speech impairment, a 
multidisciplinary team shall collect or review data evaluating the 
student.
	(b)  The team required under Subsection (a) must include:               
		(1)  a person who holds a certificate in speech and 
hearing therapy issued by the agency;
		(2)  a person who holds a certificate in 
speech-language pathology issued by the agency; and
		(3)  as determined by the board of trustees of the 
district, either: 
			(A)  a person who holds a license in 
speech-language pathology; or  
			(B)  a licensed assistant in speech-language 
pathology.             
	(c)  If the board of trustees of a school district determines 
that a licensed assistant in speech-language pathology may serve on 
a multidisciplinary team under this section, the licensed assistant 
in speech-language pathology may perform the speech and language 
services determined necessary by the team.
	SECTION 2.  Section 401.102(d), Occupations Code, is amended 
to read as follows:
	(d)  At least three of the board members must be employed by a 
school district in this state.  One of the public board members must 
be a physician licensed in this state and certified in 
otolaryngology or pediatrics.
	SECTION 3.  Section 401.312(a), Occupations Code, is amended 
to read as follows:
	(a)  The board may establish minimum qualifications for 
licensed assistants in speech-language pathology and in audiology.  
In the case of licensed assistants in speech-language pathology or 
in audiology employed by school districts in this state, the board 
may not establish stricter minimum qualifications than the 
qualifications in effect on September 1, 2003.
	SECTION 4.  The change in law made by Section 401.102(d), 
Occupations Code, as amended by this Act, in the qualifications 
that apply to members of the State Board of Examiners for 
Speech-Language Pathology and Audiology does not affect the 
entitlement of a member serving on the board immediately before 
September 1, 2003, to continue to serve and function as a member of 
the board for the remainder of the member's term.  That change in 
law applies only to a member appointed on or after September 1, 
2003.
	SECTION 5.  This Act takes effect September 1, 2003.