| 1 | 1 | | By: Raymond H.B. No. 4544 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the number of students eligible to participate in a |
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| 7 | 7 | | special education program who may be enrolled in a foundation |
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| 8 | 8 | | curriculum course. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 25, Education Code, is |
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| 11 | 11 | | amended by adding Section 25.115 to read as follows: |
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| 12 | 12 | | Sec. 25.115. LIMIT ON SPECIAL EDUCATION STUDENTS IN |
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| 13 | 13 | | CLASSROOM. (a) Not more than 10 percent of students enrolled in a |
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| 14 | 14 | | foundation curriculum course in a regular education classroom may |
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| 15 | 15 | | be students who are identified as eligible to participate in a |
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| 16 | 16 | | special education program under Subchapter A, Chapter 29. |
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| 17 | 17 | | (b) If a school district exceeds the limit imposed by |
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| 18 | 18 | | Subsection (a), upon the request of the teacher, the district must: |
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| 19 | 19 | | (1) assign at least one additional teacher or |
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| 20 | 20 | | educational aide to the foundation curriculum course classroom for |
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| 21 | 21 | | the entire instructional day. The additional teacher or |
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| 22 | 22 | | educational aide is in addition to: |
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| 23 | 23 | | (A) instructional personnel already assigned to |
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| 24 | 24 | | the foundation curriculum course classroom; and |
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| 25 | 25 | | (B) instructional personnel assigned to a |
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| 26 | 26 | | student as required by the student's individualized education |
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| 27 | 27 | | program; or |
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| 28 | 28 | | (2) provide substantive assistance to the teacher of |
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| 29 | 29 | | the regular education classroom from district special education |
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| 30 | 30 | | personnel in the form of: |
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| 31 | 31 | | (A) Co-teaching; |
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| 32 | 32 | | (B) Structured, comprehensive mentoring; or |
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| 33 | 33 | | (C) Collaborative planning and preparation time, |
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| 34 | 34 | | in addition to the planning and preparation time required by ยง |
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| 35 | 35 | | 21.404, Education Code; or |
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| 36 | 36 | | (3) provide the teacher with research-based training |
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| 37 | 37 | | that: |
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| 38 | 38 | | (A) relates to instruction of students with |
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| 39 | 39 | | disabilities; and |
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| 40 | 40 | | (B) is designed for educators who work primarily |
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| 41 | 41 | | outside the area of special education, as soon as practicable. |
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| 42 | 42 | | (c) This section shall be implemented in accordance with |
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| 43 | 43 | | applicable federal law and regulations regarding placement of |
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| 44 | 44 | | special education students. |
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| 45 | 45 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 46 | 46 | | school year. |
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| 47 | 47 | | SECTION 3. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2009. |
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