87R6793 MWC-F
By: Dutton H.B. No. 3880
A BILL TO BE ENTITLED
AN ACT
relating to a student's eligibility for special education services
provided by a school district.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.002, Education Code, is amended to
read as follows:
Sec. 29.002. DEFINITION. In this subchapter:
(1) "Specially designed instruction" [, "special
services"] means:
(A) [(1)] special education instruction, which
may be provided by professional and supported by paraprofessional
personnel in the regular classroom or in an instructional
arrangement described by Section 48.102; [and]
(B) [(2)] related services, which are
developmental, corrective, supportive, or evaluative services, not
instructional in nature, that may be required for the student to
benefit from special education instruction and for implementation
of a student's individualized education program; and
(C) adaptation of the content, methodology, or
delivery of instruction to:
(i) address the unique needs of the student
resulting from the student's disability; and
(ii) ensure the student's access to the
required curriculum as provided by Section 28.002 to allow the
student to meet the educational standards set by the agency.
(2) "Specific learning disability" means a disorder in
one or more of the basic psychological processes involved in
understanding or using language, spoken or written, that may
manifest itself in the imperfect ability to listen, think, speak,
read, write, spell, or do mathematical calculations. The term
includes perceptual disabilities, brain injury, minimal brain
dysfunction, dyslexia, and developmental aphasia.
SECTION 2. Section 29.003(b), Education Code, is amended to
read as follows:
(b) 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
specially designed instruction [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 specially designed instruction [special
services]:
(A) physical disability;
(B) intellectual or developmental disability;
(C) emotional disturbance;
(D) specific learning disability;
(E) autism;
(F) speech disability; or
(G) traumatic brain injury.
SECTION 3. Section 30.001(b), Education Code, is amended to
read as follows:
(b) The commissioner, with the approval of the State Board
of Education, shall develop and implement a plan for the
coordination of services to children with disabilities in each
region served by a regional education service center. The plan must
include procedures for:
(1) identifying existing public or private
educational and related services for children with disabilities in
each region;
(2) identifying and referring children with
disabilities who cannot be appropriately served by the school
district in which they reside to other appropriate programs;
(3) assisting school districts to individually or
cooperatively develop programs to identify and provide appropriate
services for children with disabilities;
(4) expanding and coordinating services provided by
regional education service centers for children with disabilities;
and
(5) providing for specially designed instruction
[special services], including special seats, books, instructional
media, and other supplemental supplies and services required for
proper instruction.
SECTION 4. Section 30.002(g), Education Code, is amended to
read as follows:
(g) To facilitate implementation of this section, the
commissioner shall develop a system to distribute from the
foundation school fund to school districts or regional education
service centers a special supplemental allowance for each student
with a visual impairment and for each student with a serious visual
disability and another medically diagnosed disability of a
significantly limiting nature who is receiving special education
services through any approved program. The supplemental allowance
may be spent only for specially designed instruction [special
services] uniquely required by the nature of the student's
disabilities and may not be used in lieu of educational funds
otherwise available under this code or through state or local
appropriations.
SECTION 5. Section 37.146(a), Education Code, is amended to
read as follows:
(a) A complaint alleging the commission of a school offense
must, in addition to the requirements imposed by Article 45.019,
Code of Criminal Procedure:
(1) be sworn to by a person who has personal knowledge
of the underlying facts giving rise to probable cause to believe
that an offense has been committed; and
(2) be accompanied by a statement from a school
employee stating:
(A) whether the child is eligible for or receives
specially designed instruction [special services] under Subchapter
A, Chapter 29; and
(B) the graduated sanctions, if required under
Section 37.144, that were imposed on the child before the complaint
was filed.
SECTION 6. Section 48.1021(b), Education Code, is amended
to read as follows:
(b) The advisory committee consists of the following
members appointed by the commissioner:
(1) a parent of a student eligible to participate in a
school district's special education program under Section 29.003;
(2) a director of a school district's special
education program under Subchapter A, Chapter 29;
(3) a teacher certified in special education;
(4) a diagnostician;
(5) a licensed specialist in school psychology;
(6) a provider who provides related services, as
described by Section 29.002(1)(B) [29.002(2)];
(7) a superintendent of a school district;
(8) a member of a school district's board of trustees;
(9) a representative of a disability advocacy
organization;
(10) a member of the special education continuing
advisory committee under Section 29.006;
(11) a teacher certified in general education;
(12) a student eligible to participate in a school
district's special education program under Section 29.003;
(13) a representative of a regional education service
center; and
(14) a school district official who handles business
and finance matters for the district.
SECTION 7. This Act takes effect September 1, 2021.