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A BILL TO BE ENTITLED
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AN ACT
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relating to the number of students eligible to participate in a |
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special education program who may be enrolled in a foundation |
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curriculum course. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 25, Education Code, is |
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amended by adding Section 25.115 to read as follows: |
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Sec. 25.115. LIMIT ON SPECIAL EDUCATION STUDENTS IN |
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CLASSROOM. (a) Not more than 10 percent of students enrolled in a |
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foundation curriculum course in a regular education classroom may |
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be students who are identified as eligible to participate in a |
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special education program under Subchapter A, Chapter 29. |
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(b) If a school district exceeds the limit imposed by |
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Subsection (a), upon the request of the teacher, the district must: |
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(1) assign at least one additional teacher or |
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educational aide to the foundation curriculum course classroom for |
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the entire instructional day. The additional teacher or |
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educational aide is in addition to: |
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(A) instructional personnel already assigned to |
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the foundation curriculum course classroom; and |
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(B) instructional personnel assigned to a |
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student as required by the student's individualized education |
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program; or |
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(2) provide substantive assistance to the teacher of |
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the regular education classroom from district special education |
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personnel in the form of: |
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(A) Co-teaching; |
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(B) Structured, comprehensive mentoring; or |
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(C) Collaborative planning and preparation time, |
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in addition to the planning and preparation time required by § |
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21.404, Education Code; or |
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(3) provide the teacher with research-based training |
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that: |
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(A) relates to instruction of students with |
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disabilities; and |
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(B) is designed for educators who work primarily |
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outside the area of special education, as soon as practicable. |
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(c) This section shall be implemented in accordance with |
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applicable federal law and regulations regarding placement of |
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special education students. |
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SECTION 2. This Act applies beginning with the 2009-2010 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |