| 1 | 1 | | By: Watson S.B. No. 1486 |
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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 qualifications of special education personnel in |
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| 7 | 7 | | public schools. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 10 | 10 | | amended by adding Section 29.0051 to read as follows: |
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| 11 | 11 | | Sec. 29.0051. QUALIFICATIONS OF SPECIAL EDUCATION |
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| 12 | 12 | | PERSONNEL. (a) A student who is enrolled in a special education |
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| 13 | 13 | | program must have an education in which teachers, related services |
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| 14 | 14 | | personnel, and paraprofessionals who regularly provide special |
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| 15 | 15 | | education instruction and related services are informed about the |
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| 16 | 16 | | unique nature of the student's special needs. |
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| 17 | 17 | | (b) The commissioner by rule shall require each school |
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| 18 | 18 | | district to include in each student's individualized education |
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| 19 | 19 | | program any information or requirement determined necessary to |
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| 20 | 20 | | ensure that each person providing special education instruction or |
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| 21 | 21 | | related services to the student is appropriately certified in |
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| 22 | 22 | | accordance with rules promulgated by the commissioner, if |
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| 23 | 23 | | applicable, in appropriate education methods. The commissioner |
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| 24 | 24 | | shall adopt rules to establish minimum qualifications for teachers, |
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| 25 | 25 | | related services personnel, and paraprofessionals providing |
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| 26 | 26 | | special education instruction and related services to special |
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| 27 | 27 | | education students. |
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| 28 | 28 | | (c) Each school district shall employ or provide access to |
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| 29 | 29 | | appropriate qualified personnel consistent with credentialing |
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| 30 | 30 | | requirements and the minimum qualifications established by the |
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| 31 | 31 | | commissioner under subsection (b), to fulfill the responsibilities |
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| 32 | 32 | | of the school district. |
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| 33 | 33 | | (d) The school district must ensure that regular and special |
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| 34 | 34 | | education personnel who work with students enrolled in a special |
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| 35 | 35 | | education program are reasonably prepared through training to |
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| 36 | 36 | | provide educational instruction and related services to those |
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| 37 | 37 | | students. Such training may be determined by the student's |
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| 38 | 38 | | admission, review and dismissal committee. |
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| 39 | 39 | | SECTION 2. This Act applies beginning with the 2009-2010 |
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| 40 | 40 | | school year. |
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| 41 | 41 | | SECTION 3. This Act takes effect immediately if it receives |
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| 42 | 42 | | a vote of two-thirds of all the members elected to each house, as |
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| 43 | 43 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 44 | 44 | | Act does not receive the vote necessary for immediate effect, this |
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| 45 | 45 | | Act takes effect September 1, 2009. |
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