| |
|
|
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) Except as provided by Subsection (b), 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) if applicable, 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) if applicable, 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 are |
|
|
appropriate for the child based on the information under |
|
|
Subdivisions (1)-(3) or any other factors. |
|
|
(b) Subsection (a) does not apply to a child if during the |
|
|
2020-2021 school year the written statement of the child's |
|
|
individualized education program documents the information |
|
|
described under Subsections (a)(1)-(4). |
|
|
(c) 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. |
|
|
(d) The commissioner may adopt rules as necessary to |
|
|
implement this section. |
|
|
(e) This section expires September 1, 2023. |
|
|
SECTION 3. Not later than May 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. |
|
|
|
|
|
* * * * * |