Texas 2021 - 87th Regular

Texas House Bill HB144 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R11088 CXP-F
2	2		By: González of El Paso H.B. No. 144
	3	+	Substitute the following for H.B. No. 144:
	4	+	By: Dutton C.S.H.B. No. 144
3	5
4	6
5	7		A BILL TO BE ENTITLED
6	8		AN ACT
7	9		relating to supplemental information required for inclusion with a
8	10		written statement of an individualized education program developed
9	11		for certain public school students who received special education
10	12		services during the 2019-2020 or 2020-2021 school year.
11	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	14		SECTION 1. This Act shall be known as the COVID-19 Special
13	15		Education Recovery Act.
14	16		SECTION 2. Subchapter A, Chapter 29, Education Code, is
15	17		amended by adding Section 29.0052 to read as follows:
16	18		Sec. 29.0052. INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT.
17	19		(a) Except as provided by Subsection (b), for each child who was
18	20		enrolled in a school district's special education program under
19	21		this subchapter during the 2019-2020 school year or the 2020-2021
20	22		school year, the district shall prepare a supplement to be included
21	23		with the written statement of the individualized education program
22	24		developed for the child under Section 29.005(b). The supplement
23	25		must include information indicating:
24	26		(1) if applicable, whether the written report of the
25	27		child's full individual and initial evaluation under Section 29.004
26	28		was completed during the 2019-2020 school year or the 2020-2021
27	29		school year and, if so, whether the report was completed by the date
28	30		required under that section;
29	31		(2) if applicable, whether the child's initial
30	32		individualized education program was developed under Section
31	33		29.005(b) during the 2019-2020 school year or the 2020-2021 school
32	34		year and, if so, whether the program was developed by the date
33	35		required under 34 C.F.R. Section 300.323(c)(1);
34	36		(3) whether the provision of special services to the
35	37		child under an individualized education program during the
36	38		2019-2020 school year or the 2020-2021 school year was interrupted,
37	39		reduced, delayed, suspended, or discontinued; and
38	40		(4) whether compensatory educational services are
39	41		appropriate for the child based on the information under
40	42		Subdivisions (1)-(3) or any other factors.
41	43		(b) Subsection (a) does not apply to a child if during the
42	44		2020-2021 school year the written statement of the child's
43	45		individualized education program documents the information
44	46		described under Subsections (a)(1)-(4).
45	47		(c) Section 29.005(f) and Section 29.0051 do not apply to a
46	48		supplement prepared for inclusion with a written statement of an
47	49		individualized education program, as required by this section.
48	50		(d) The commissioner may adopt rules as necessary to
49	51		implement this section.
50	52		(e) This section expires September 1, 2023.
51	53		SECTION 3. Not later than May 1, 2022, a school district
52	54		subject to Section 29.0052, Education Code, as added by this Act,
53	55		shall complete each required supplement to a written statement of
54	56		an individualized education program, as provided by that section.
55	57		SECTION 4. This Act takes effect immediately if it receives
56	58		a vote of two-thirds of all the members elected to each house, as
57	59		provided by Section 39, Article III, Texas Constitution. If this
58	60		Act does not receive the vote necessary for immediate effect, this
59	61		Act takes effect September 1, 2021.