By: González of El Paso H.B. No. 2125
A BILL TO BE ENTITLED
AN ACT
relating to eligibility criteria for certain public school students
who received special education services during the 2019-2020,
2020-2021, 2021-2022, or 2022-2023 school year.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.003, Education Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) Except as provided by Subsection (c), a [A] student is
eligible to participate in a school district's special education
program if the student:
(1) is not more than 21 years of age and has a visual or
auditory impairment that prevents the student from being adequately
or safely educated in public school without the provision of
special services; or
(2) is at least three but not more than 21 years of age
and has one or more of the following disabilities that prevents the
student from being adequately or safely educated in public school
without the provision of special services:
(A) physical disability;
(B) intellectual or developmental disability;
(C) emotional disturbance;
(D) learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
(c) Notwithstanding Subsection (b), a student at least 21
years of age during the 2019-2020, 2020-2021, 2021-2022, or
2022-2023 school year shall remain eligible to participate in a
school district's special education program for one additional
school year if the student continues to have a disability listed in
Subsection (b)(2).
SECTION 2. 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, 2021.