87R2956 CXP-F
 
  By: Menéndez S.B. No. 89
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to supplemental information required for inclusion with a
  written statement of an individualized education program developed
  for certain public school students who received special education
  services during the 2019-2020 or 2020-2021 school year.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the COVID-19 Special
  Education Recovery Act.
         SECTION 2.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0052 to read as follows:
         Sec. 29.0052.  INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT.
  (a) For each child who was enrolled in a school district's special
  education program under this subchapter during the 2019-2020 school
  year or the 2020-2021 school year, the district shall prepare a
  supplement to be included with the written statement of the
  individualized education program developed for the child under
  Section 29.005(b). The supplement must include information
  indicating:
               (1)  whether the written report of the child's full
  individual and initial evaluation under Section 29.004 was
  completed during the 2019-2020 school year or the 2020-2021 school
  year and, if so, whether the report was completed by the date
  required under that section;
               (2)  whether the child's initial individualized
  education program was developed under Section 29.005(b) during the
  2019-2020 school year or the 2020-2021 school year and, if so,
  whether the program was developed by the date required under 34
  C.F.R. Section 300.323(c)(1);
               (3)  whether the provision of special services to the
  child under an individualized education program during the
  2019-2020 school year or the 2020-2021 school year was interrupted,
  reduced, delayed, suspended, or discontinued; and
               (4)  whether compensatory educational services under
  Subchapter C are appropriate for the child based on the information
  under Subdivisions (1)-(3) or any other factors.
         (b)  Section 29.005(f) and Section 29.0051 do not apply to a
  supplement prepared for inclusion with a written statement of an
  individualized education program, as required by this section.
         (c)  The commissioner shall adopt rules as necessary to
  implement this section.
         (d)  This section expires September 1, 2023.
         SECTION 3.  (a) Not later than December 1, 2021, the
  commissioner of education shall adopt necessary rules under Section
  29.0052, Education Code, as added by this Act.
         (b)  Not later than June 1, 2022, a school district subject
  to Section 29.0052, Education Code, as added by this Act, shall
  complete each required supplement to a written statement of an
  individualized education program, as provided by that section.
         SECTION 4.  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, 2021.