BILL ANALYSIS
Senate Research Center |
S.B. 1447 |
89R10768 MEW-F |
By: Men�ndez; Zaffirini |
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Education K-16 |
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3/10/2025 |
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As Filed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
During the 88th Legislature, H.B. 18, the Securing Children Online Through Parental Empowerment (SCOPE) Act was passed, prohibiting digital service providers from entering into agreements with known minors without the consent of their parent or guardian. The Act also required Texas educational agencies to adopt standards for permissible electronic devices and software applications used by school districts and open-enrollment charter schools.
In October 2024, the Senate Committee on State Affairs heard testimony during its interim hearing voicing unintended effects of H.B. 18, 88(R), also known as the SCOPE Act, for students with disabilities. Educational agencies must determine if digital applications are in compliance with the SCOPE Act, and some school districts have deemed some digital applications as not being in compliance, including those used as assistive technology for students with disabilities. Students with disabilities have Individualized Education Plans (IEPs) as a reasonable accommodation, and those IEPs may include the use of assistive technology. Because of the provisions in the SCOPE Act, many students with disabilities are unable to access their assistive technology as a part of their reasonable accommodations.
This bill would allow students with disabilities to access their permissible electronic devices and software applications used by a school district that may be otherwise prohibited by the SCOPE Act as a part of their reasonable accommodation or assistive technology. This solution ensures that school districts and charter schools are abiding by the student's IEP and the Individuals with Disabilities Education Act (IDEA).
As proposed, S.B. 1447 amends current law relating to standards adopted by the Texas Education Agency regarding the use of electronic devices and software applications by public schools.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 32.1021, Education Code, as follows:
Sec. 32.1021. STANDARDS. Requires the Texas Education Agency, in adopting standards for permissible electronic devices and software applications used by a school district or open-enrollment charter school, to perform certain actions, including providing for exceptions to the standards to allow a student with a disability, in accordance with an individualized education program developed by the student's admission, review, and dismissal committee under Section 29.005 (Individualized Education Program) or a plan developed by a team established for the student under Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), to use as a reasonable accommodation or assistive technology electronic devices or software applications that otherwise might not be permissible under the standards. Makes nonsubstantive changes.
SECTION 2. Provides that this Act applies beginning with the 2025�2026 school year.
SECTION 3. Effective date: upon passage or September 1, 2026.