By: Hegar  S.B. No. 816
         (In the Senate - Filed February 25, 2013; March 5, 2013,
  read first time and referred to Committee on Education;
  April 2, 2013, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 8, Nays 0; April 2, 2013,
  sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 816 By:  Lucio
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the date by which a school district must complete a
  report of an initial evaluation of a student for special education
  services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 29.004, Education Code, is amended by
  amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
  and (c) to read as follows:
         (a)  A written report of a full individual and initial
  evaluation of a student for purposes of special education services
  shall be completed as follows, except as otherwise provided by this
  section:
               (1)  not later than the 45th school [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 for
  the evaluation, signed by the student's parent or legal guardian,
  except that if a student has been absent from school during that
  period on three or more days, that period must be extended by a
  number of school days equal to the number of school days during that
  period on which the student has been absent; or
               (2)  for students under five years of age by September 1
  of the school year and not enrolled in public school and for
  students enrolled in a private or home school setting, not later
  than the 45th school day following the date on which the school
  district receives written consent for the evaluation, signed by a
  student's parent or legal guardian.
         (a-1)  If a school district receives written consent signed
  by a student's parent or legal guardian for a full individual and
  initial evaluation of a student at least 35 but less than 45 school
  days before the last instructional day of the school year, the
  evaluation must be completed and the written report of the
  evaluation must be provided to the parent or legal guardian not
  later than June 30 of that year.  The student's admission, review,
  and dismissal committee shall meet not later than the 15th school
  day of the following school year to consider the evaluation.  If a
  district receives written consent signed by a student's parent or
  legal guardian less than 35 school days before the last
  instructional day of the school year or if the district receives the
  written consent at least 35 but less than 45 school days before the
  last instructional day of the school year but the student is absent
  from school during that period on three or more days, Subsection
  (a)(1) applies to the date the written report of the full individual
  and initial evaluation is required.
         (a-2)  For purposes of this section, "school day" does not
  include a day that falls after the last instructional day of the
  spring school term and before the first instructional day of the
  subsequent fall school term.  The commissioner by rule may
  determine days during which year-round schools are recessed that,
  consistent with this subsection, are not considered to be school
  days for purposes of this section.
         (a-3)  Subsection (a) does not impair any rights of an infant
  or toddler with a disability who is receiving early intervention
  services in accordance with 20 U.S.C. Section 1431.
         (c)  If a parent or legal guardian makes a written request to
  a school district's director of special education services or to a
  district administrative employee for a full individual and initial
  evaluation of a student, the district shall, not later than the 15th
  school day after the date the district receives the request:
               (1)  provide an opportunity for the parent or legal
  guardian to give written consent for the evaluation; or
               (2)  refuse to provide the evaluation and provide the
  parent or legal guardian with notice of procedural safeguards under
  20 U.S.C. Section 1415(b).
         SECTION 2.  Section 29.004, Education Code, as amended by
  this Act, applies to completion of a report of a full individual and
  initial evaluation of a public school student for purposes of
  special education services only as to an initial evaluation
  performed on or after September 1, 2013.
         SECTION 3.  This Act takes effect September 1, 2013.
 
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