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