83R9965 CAE-F By: Raymond H.B. No. 2376 A BILL TO BE ENTITLED AN ACT relating to the number of students eligible to participate in a special education program who may be enrolled in a foundation curriculum course. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 25, Education Code, is amended by adding Section 25.116 to read as follows: Sec. 25.116. LIMIT ON SPECIAL EDUCATION STUDENTS IN CLASSROOM. (a) Not more than 10 percent of students enrolled in a foundation curriculum course in a regular education classroom may be students who are identified as eligible to participate in a special education program under Subchapter A, Chapter 29. (b) On the request of the classroom teacher, a school district that exceeds the limit imposed by Subsection (a) must: (1) assign at least one additional teacher or educational aide to the foundation curriculum course classroom for the entire instructional day in addition to: (A) instructional personnel already assigned to the foundation curriculum course classroom; and (B) instructional personnel assigned to a student as required by the student's individualized education program; (2) provide substantive assistance to the classroom teacher of the foundation curriculum course classroom from special education personnel of the district in the form of: (A) one additional certified teacher for all or part of the instructional day in addition to: (i) instructional personnel already assigned to the foundation curriculum course classroom; and (ii) instructional personnel assigned to a student as required by the student's individualized education program; (B) structured, comprehensive mentoring; or (C) collaborative planning and preparation time, in addition to the planning and preparation time required by Section 21.404; or (3) provide the teacher as soon as practicable with research-based training that: (A) relates to instruction of students with disabilities; and (B) is designed for educators who work primarily outside the area of special education. (c) This section shall be implemented in accordance with applicable federal law regarding placement of special education students. SECTION 2. This Act applies beginning with the 2013-2014 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, 2013.