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A BILL TO BE ENTITLED
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AN ACT
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relating to the date by which a school district must complete a |
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report of an initial evaluation of a student for special education |
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services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.004, Education Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3), |
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and (c) to read as follows: |
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(a) A written report of a full individual and initial |
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evaluation of a student for purposes of special education services |
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shall be completed as follows, except as otherwise provided by this |
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section: |
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(1) not later than the 45th school [60th calendar] day |
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following the date on which the school district, in accordance with |
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20 U.S.C. Section 1414(a), as amended, receives written consent for |
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the evaluation, signed by the student's parent or legal guardian, |
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except that if a student has been absent from school during that |
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period on three or more days, that period must be extended by a |
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number of school days equal to the number of school days during that |
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period on which the student has been absent; or |
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(2) for students under five years of age by September 1 |
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of the school year and not enrolled in public school and for |
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students enrolled in a private or home school setting, not later |
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than the 45th school day following the date on which the school |
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district receives written consent for the evaluation, signed by a |
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student's parent or legal guardian. |
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(a-1) If a school district receives written consent signed |
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by a student's parent or legal guardian for a full individual and |
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initial evaluation of a student at least 35 but less than 45 school |
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days before the last instructional day of the school year, the |
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evaluation must be completed and the written report of the |
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evaluation must be provided to the parent or legal guardian not |
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later than June 30 of that year. The student's admission, review, |
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and dismissal committee shall meet not later than the 15th school |
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day of the following school year to consider the evaluation. If a |
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district receives written consent signed by a student's parent or |
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legal guardian less than 35 school days before the last |
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instructional day of the school year or if the district receives the |
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written consent at least 35 but less than 45 school days before the |
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last instructional day of the school year but the student is absent |
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from school during that period on three or more days, Subsection |
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(a)(1) applies to the date the written report of the full individual |
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and initial evaluation is required. |
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(a-2) For purposes of this section, "school day" does not |
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include a day that falls after the last instructional day of the |
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spring school term and before the first instructional day of the |
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subsequent fall school term. The commissioner by rule may |
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determine days during which year-round schools are recessed that, |
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consistent with this subsection, are not considered to be school |
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days for purposes of this section. |
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(a-3) Subsection (a) does not impair any rights of an infant |
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or toddler with a disability who is receiving early intervention |
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services in accordance with 20 U.S.C. Section 1431. |
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(c) If a parent or legal guardian makes a written request to |
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a school district's director of special education services or to a |
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district administrative employee for a full individual and initial |
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evaluation of a student, the district shall, not later than the 15th |
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school day after the date the district receives the request: |
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(1) provide an opportunity for the parent or legal |
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guardian to give written consent for the evaluation; or |
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(2) refuse to provide the evaluation and provide the |
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parent or legal guardian with notice of procedural safeguards under |
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20 U.S.C. Section 1415(b). |
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SECTION 2. Section 29.004, Education Code, as amended by |
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this Act, applies to completion of a report of a full individual and |
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initial evaluation of a public school student for purposes of |
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special education services only as to an initial evaluation |
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performed on or after September 1, 2013. |
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SECTION 3. This Act takes effect September 1, 2013. |
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