83R7607 CAS-F
By: Huberty H.B. No. 1802
A BILL TO BE ENTITLED
AN ACT
relating to the date by which a school district must complete a
report of an initial evaluation of a student for special education
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.004, Education Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) A written report of a full individual and initial
evaluation of a student for purposes of special education services
shall be completed not later than:
(1) the 60th school [calendar] day of the student's
actual school attendance following the date on which the school
district, in accordance with 20 U.S.C. Section 1414(a), as amended,
receives written consent for the evaluation, signed by the
student's parent or legal guardian; or
(2) for a prekindergarten student, the 60th school day
following the date on which the school district receives written
consent for the evaluation, signed by the student's parent or legal
guardian.
(a-1) For purposes of Subsection (a), "school day" does not
include a day that falls after the last instructional day of the
spring school term and before the first instructional day of the
subsequent fall school term. The commissioner by rule may
determine days during which year-round schools are recessed that,
consistent with this subsection, are not considered to be school
days for purposes of this subsection.
SECTION 2. Section 29.004(a), Education Code, as amended by
this Act, applies to completion of a report of a full individual and
initial evaluation of a public school student for purposes of
special education services only as to an initial evaluation
performed on or after September 1, 2013.
SECTION 3. This Act takes effect September 1, 2013.