| 1 | 1 | | 85R7718 MK-F |
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| 2 | 2 | | By: Nevárez H.B. No. 1928 |
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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 content requirements for an individualized education |
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| 8 | 8 | | program developed for a public school student with autism or |
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| 9 | 9 | | another pervasive developmental disorder. |
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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 29.005(e), Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (e) The commissioner by rule shall, as provided by Section |
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| 14 | 14 | | 29.0052, [may] require a school district to include in the |
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| 15 | 15 | | individualized education program of a student with autism or |
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| 16 | 16 | | another pervasive developmental disorder any information or |
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| 17 | 17 | | requirement determined necessary to ensure the student receives a |
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| 18 | 18 | | free appropriate public education as required under the Individuals |
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| 19 | 19 | | with Disabilities Education Act (20 U.S.C. Section 1400 et seq.). |
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| 20 | 20 | | SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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| 21 | 21 | | amended by adding Section 29.0052 to read as follows: |
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| 22 | 22 | | Sec. 29.0052. INDIVIDUALIZED EDUCATION PROGRAM FOR |
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| 23 | 23 | | STUDENTS WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. |
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| 24 | 24 | | (a) In developing the individualized education program for a |
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| 25 | 25 | | student with autism or another pervasive developmental disorder, |
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| 26 | 26 | | the committee must include any interventions or services that the |
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| 27 | 27 | | committee believes are appropriate to meet the educational needs of |
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| 28 | 28 | | the student. |
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| 29 | 29 | | (b) The committee shall consider feedback from a student's |
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| 30 | 30 | | parent or guardian when determining interventions or services to be |
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| 31 | 31 | | included in a student's individualized education program under this |
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| 32 | 32 | | section. |
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| 33 | 33 | | (c) If the committee does not include any interventions or |
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| 34 | 34 | | services in the individualized education program for a student with |
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| 35 | 35 | | autism or another pervasive developmental disorder, the committee |
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| 36 | 36 | | must include a statement: |
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| 37 | 37 | | (1) identifying each intervention or service that was |
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| 38 | 38 | | considered for the student; and |
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| 39 | 39 | | (2) explaining the reasoning behind the committee's |
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| 40 | 40 | | determination not to include that intervention or service in the |
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| 41 | 41 | | student's program. |
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| 42 | 42 | | SECTION 3. This Act applies beginning with the 2017-2018 |
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| 43 | 43 | | school year. |
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| 44 | 44 | | SECTION 4. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2017. |
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