| 1 | 1 | | 81R9583 CAS-D |
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| 2 | 2 | | By: Naishtat H.B. No. 4555 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to determining a student's eligibility for a school |
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| 8 | 8 | | district's special education program on the basis of the student's |
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| 9 | 9 | | visual impairment. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 30.002, Education Code, is amended by |
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| 12 | 12 | | adding Subsections (c-1) and (c-2) to read as follows: |
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| 13 | 13 | | (c-1) To implement Subsection (c)(1) and to determine a |
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| 14 | 14 | | child's eligibility for a school district's special education |
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| 15 | 15 | | program on the basis of a visual impairment, the full individual and |
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| 16 | 16 | | initial evaluation of the student required by Section 29.004 must, |
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| 17 | 17 | | in accordance with commissioner rule: |
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| 18 | 18 | | (1) include an orientation and mobility evaluation |
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| 19 | 19 | | conducted: |
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| 20 | 20 | | (A) by a person who is appropriately certified as |
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| 21 | 21 | | an orientation and mobility specialist, as determined under |
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| 22 | 22 | | commissioner rule; and |
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| 23 | 23 | | (B) during the day and at night in a variety of |
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| 24 | 24 | | settings, including in the student's home, school, and community |
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| 25 | 25 | | and in settings unfamiliar to the student; and |
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| 26 | 26 | | (2) provide for a person who is appropriately |
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| 27 | 27 | | certified as an orientation and mobility specialist to participate, |
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| 28 | 28 | | as part of the multidisciplinary team, in evaluating data on which |
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| 29 | 29 | | the determination of the child's eligibility is based. |
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| 30 | 30 | | (c-2) Any reevaluation by a school district of a student who |
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| 31 | 31 | | has been determined, after the full individual and initial |
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| 32 | 32 | | evaluation, to be eligible for the district's special education |
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| 33 | 33 | | program on the basis of a visual impairment must, in accordance with |
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| 34 | 34 | | commissioner rule, include an orientation and mobility evaluation |
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| 35 | 35 | | conducted by a person described by Subsection (c-1)(1)(A). |
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| 36 | 36 | | SECTION 2. (a) Not later than January 1, 2010, the |
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| 37 | 37 | | commissioner of education shall adopt rules necessary to implement |
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| 38 | 38 | | Sections 30.002(c-1) and (c-2), Education Code, as added by this |
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| 39 | 39 | | Act. |
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| 40 | 40 | | (b) Not later than the beginning of the 2010-2011 school |
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| 41 | 41 | | year, Sections 30.002(c-1) and (c-2), Education Code, as added by |
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| 42 | 42 | | this Act, shall be implemented. |
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| 43 | 43 | | SECTION 3. This Act takes effect immediately if it receives |
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| 44 | 44 | | a vote of two-thirds of all the members elected to each house, as |
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| 45 | 45 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 46 | 46 | | Act does not receive the vote necessary for immediate effect, this |
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| 47 | 47 | | Act takes effect September 1, 2009. |
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