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Amend HB 1343 (Senate committee report) by adding the
following appropriately numbered SECTION and renumbering
subsequent SECTIONS of the bill accordingly:
SECTION ____. Section 30.002, Education Code, is amended by
adding Subsections (c-1) and (c-2) to read as follows:
(c-1) To implement Subsection (c)(1) and to determine a
child's eligibility for a school district's special education
program on the basis of a visual impairment, the full individual and
initial evaluation of the student required by Section 29.004 must,
in accordance with commissioner rule:
(1) include an orientation and mobility evaluation
conducted:
(A) by a person who is appropriately certified as
an orientation and mobility specialist, as determined under
commissioner rule; and
(B) in a variety of settings, including in the
student's home, school, and community and in settings unfamiliar to
the student; and
(2) provide for a person who is appropriately
certified as an orientation and mobility specialist to participate,
as part of the multidisciplinary team, in evaluating data on which
the determination of the child's eligibility is based.
(c-2) Any reevaluation by a school district of a student who
has been determined, after the full individual and initial
evaluation, to be eligible for the district's special education
program on the basis of a visual impairment must, in accordance with
commissioner rule, include an orientation and mobility evaluation
conducted by a person described by Subsection (c-1)(1)(A).
SECTION ____. (a) Not later than January 1, 2010, the
commissioner of education shall adopt rules necessary to implement
Subsections (c-1) and (c-2), Section 30.002, Education Code, as
added by this Act.
(b) Not later than the beginning of the 2010-2011 school
year, Subsections (c-1) and (c-2), Section 30.002, Education Code,
as added by this Act, shall be implemented.
SECTION ____. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2009.