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A BILL TO BE ENTITLED
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AN ACT
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relating to additional requirements for individualized education |
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programs developed for children with autism or other pervasive |
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developmental disorders. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 29.005, Education Code, is amended by |
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adding Subsection (e-1) to read as follows: |
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(e-1) For a child with autism or another pervasive |
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developmental disorder, the committee must consider for inclusion |
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in the child's individualized education program each strategy |
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identified under commissioner rule as appropriate for autism or |
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another pervasive developmental disorder and that is based on |
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peer-reviewed, research-based educational programming practices. |
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The committee shall determine whether each strategy considered is |
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appropriate and practicable to include in the child's |
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individualized education program. If the committee determines that |
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a strategy is not appropriate or practicable to include in the |
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child's individualized education program, the committee must |
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include a written statement to that effect and the basis for that |
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determination in the documentation for the child's individualized |
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education program. |
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SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Section 29.0053 to read as follows: |
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Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS |
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WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. (a) Not |
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later than seven days before each meeting of an admission, review, |
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and dismissal committee for a child with autism or another |
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pervasive developmental disorder, a school district shall provide |
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to the parent of the child written information regarding each |
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strategy identified under commissioner rule as appropriate for |
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autism or another pervasive developmental disorder and that is |
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based on peer-reviewed, research-based educational programming |
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practices. |
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(b) At each meeting of an admission, review, and dismissal |
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committee for a child with autism or another pervasive |
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developmental disorder, the committee must consider each |
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educational strategy adopted by the commissioner under Section |
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29.005(e-1) and determine whether the strategy is appropriate and |
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practicable to include in the child's individualized education |
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program. If the committee determines to not include a strategy in |
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the child's program, the committee shall include instead a |
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statement to that effect and the basis on which the determination |
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was made. |
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(c) If the child's parent is unable to speak English, a |
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school district shall: |
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(1) provide the parent with a written or audiotaped |
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copy of the written information required under Subsection (a) |
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translated into Spanish if Spanish is the parent's native language; |
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or |
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(2) if the parent's native language is a language other |
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than Spanish, make a good faith effort to provide the parent with |
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the written information required under Subsection (a) translated |
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into the parent's native language. |
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SECTION 3. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 4. 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, 2023. |