Texas 2021 - 87th Regular

Texas House Bill HB3880 Compare Versions

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Version 2 (New)

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1		-	By: Dutton, et al. (Senate Sponsor - Paxton) H.B. No. 3880
2		-	(In the Senate - Received from the House May 17, 2021;
3		-	May 17, 2021, read first time and referred to Committee on
4		-	Education; May 24, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 6, Nays 3;
6		-	May 24, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 3880 By: Paxton
	1	+	By: Dutton, Huberty, Guillen, Toth, et al. H.B. No. 3880
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to a student's eligibility for special education services
14	7		provided by a school district, including services for dyslexia and
15	8		related disorders.
16	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	10		SECTION 1. This Act may be cited as the Beckley Wilson Act.
18	11		SECTION 2. Section 7.028(a), Education Code, is amended to
19	12		read as follows:
20	13		(a) Except as provided by Section 21.006(k), 22.093(l),
21	14		22.096, 28.006, 29.001(5), 29.010(a), [38.003,] or 39.057, the
22	15		agency may monitor compliance with requirements applicable to a
23	16		process or program provided by a school district, campus, program,
24	17		or school granted charters under Chapter 12, including the process
25	18		described by Subchapter F, Chapter 11, or a program described by
26	19		Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A,
27	20		Chapter 37, only as necessary to ensure:
28	21		(1) compliance with federal law and regulations;
29	22		(2) financial accountability, including compliance
30	23		with grant requirements;
31	24		(3) data integrity for purposes of:
32	25		(A) the Public Education Information Management
33	26		System (PEIMS); and
34	27		(B) accountability under Chapters 39 and 39A; and
35	28		(4) qualification for funding under Chapter 48.
36	29		SECTION 3. Section 7.102(c)(28), Education Code, is amended
37	30		to read as follows:
38	31		(28) The board shall develop and update, as necessary,
39	32		guidance information for school districts on evidence-based
40	33		practices for intervention and instruction of students with
41	34		[approve a program for testing students for] dyslexia and related
42	35		disorders and incorporate in the information input from a
43	36		broad-based dialogue with educators and experts in the field of
44	37		reading and dyslexia and related disorders from across the state.
45	38		The guidance information may not address:
46	39		(A) the evaluation and identification of
47	40		students with dyslexia or a related disorder; or
48	41		(B) how intervention and instruction are to be
49	42		accessed by a student [as provided by Section 38.003].
50	43		SECTION 4. Section 11.252(a), Education Code, is amended to
51	44		read as follows:
52	45		(a) Each school district shall have a district improvement
53	46		plan that is developed, evaluated, and revised annually, in
54	47		accordance with district policy, by the superintendent with the
55	48		assistance of the district-level committee established under
56	49		Section 11.251. The purpose of the district improvement plan is to
57	50		guide district and campus staff in the improvement of student
58	51		performance for all student groups in order to attain state
59	52		standards in respect to the achievement indicators adopted under
60	53		Section 39.053(c). The district improvement plan must include
61	54		provisions for:
62	55		(1) a comprehensive needs assessment addressing
63	56		district student performance on the achievement indicators, and
64	57		other appropriate measures of performance, that are disaggregated
65	58		by all student groups served by the district, including categories
66	59		of ethnicity, socioeconomic status, sex, and populations served by
67	60		special programs, including students in special education programs
68	61		under Subchapter A, Chapter 29;
69	62		(2) measurable district performance objectives for
70	63		all appropriate achievement indicators for all student
71	64		populations, including students in special education programs
72	65		under Subchapter A, Chapter 29, and other measures of student
73	66		performance that may be identified through the comprehensive needs
74	67		assessment;
75	68		(3) strategies for improvement of student performance
76	69		that include:
77	70		(A) instructional methods for addressing the
78	71		needs of student groups not achieving their full potential;
79	72		(B) evidence-based practices that address the
80	73		needs of students for special programs, including:
81	74		(i) suicide prevention programs, in
82	75		accordance with Subchapter G, Chapter 38, which include a parental
83	76		or guardian notification procedure;
84	77		(ii) conflict resolution programs;
85	78		(iii) violence prevention programs; and
86	79		(iv) special education [dyslexia
87	80		treatment] programs;
88	81		(C) dropout reduction;
89	82		(D) integration of technology in instructional
90	83		and administrative programs;
91	84		(E) positive behavior interventions and support,
92	85		including interventions and support that integrate best practices
93	86		on grief-informed and trauma-informed care;
94	87		(F) staff development for professional staff of
95	88		the district;
96	89		(G) career education to assist students in
97	90		developing the knowledge, skills, and competencies necessary for a
98	91		broad range of career opportunities;
99	92		(H) accelerated education; and
100	93		(I) implementation of a comprehensive school
101	94		counseling program under Section 33.005;
102	95		(4) strategies for providing to elementary school,
103	96		middle school, junior high school, and high school students, those
104	97		students' teachers and school counselors, and those students'
105	98		parents information about:
106	99		(A) higher education admissions and financial
107	100		aid opportunities, including state financial aid opportunities
108	101		such as the TEXAS grant program and the Teach for Texas grant
109	102		program established under Chapter 56;
110	103		(B) the need for students to make informed
111	104		curriculum choices to be prepared for success beyond high school;
112	105		and
113	106		(C) sources of information on higher education
114	107		admissions and financial aid;
115	108		(5) resources needed to implement identified
116	109		strategies;
117	110		(6) staff responsible for ensuring the accomplishment
118	111		of each strategy;
119	112		(7) timelines for ongoing monitoring of the
120	113		implementation of each improvement strategy;
121	114		(8) formative evaluation criteria for determining
122	115		periodically whether strategies are resulting in intended
123	116		improvement of student performance;
124	117		(9) the policy under Section 38.0041 addressing sexual
125	118		abuse and other maltreatment of children; and
126	119		(10) the trauma-informed care policy required under
127	120		Section 38.036.
128	121		SECTION 5. Section 21.003, Education Code, is amended by
129	122		adding Subsection (b-1) to read as follows:
130		-	(b-1) A school district shall employ a person to provide
131		-	services to students with dyslexia and related disorders who may be
132		-	a therapist, practitioner, specialist, or interventionist. The
133		-	person hired under this subsection is not required to hold a
134		-	certificate or permit issued under Subchapter B in special
135		-	education but must:
136		-	(1) hold an appropriate license, including a license
	123	+	(b-1) A person may be employed by a school district to
	124	+	provide services to students with dyslexia and related disorders,
	125	+	including a therapist, practitioner, specialist, or
	126	+	interventionist, without holding a certificate or permit issued
	127	+	under Subchapter B in special education if the person:
	128	+	(1) holds the appropriate license, including a license
137	129		issued under Chapter 403, Occupations Code;
138		-	(2) ~~hold~~ a certification issued by an appropriate
139		-	association or ~~have~~ received training from an appropriate training
	130	+	(2) holds a certification issued by the appropriate
	131	+	association or has received training from an appropriate training
140	132		provider, including an academic language practitioner or therapist
141	133		certified by the Academic Language Therapy Association; or
142		-	(3) if a person qualified under Subdivision (1) or (2)
143		-	is not available, meet the applicable training requirements for the
	134	+	(3) meets the applicable training requirements for the
144	135		position adopted by the commissioner by rule.
145	136		SECTION 6. Section 28.006(g-2), Education Code, is amended
146	137		to read as follows:
147	138		(g-2) In accordance with a notification program developed
148	139		by the commissioner by rule, a school district shall notify the
149	140		parent or guardian of each student determined, on the basis of a
150	141		screening under Section 29.0031 [38.003] or other basis, to be at
151	142		risk for [have] dyslexia or a related disorder, or determined, on
152	143		the basis of reading instrument results, to be at risk for dyslexia
153	144		or other reading difficulties, of the program maintained by the
154	145		Texas State Library and Archives Commission providing students with
155	146		reading disabilities the ability to borrow audiobooks free of
156	147		charge.
157	148		SECTION 7. Section 29.001, Education Code, is amended to
158	149		read as follows:
159	150		Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
160	151		modify as necessary, a statewide design, consistent with federal
161	152		law, for the delivery of services to children with disabilities in
162	153		this state that includes rules for the administration and funding
163	154		of the special education program so that a free appropriate public
164	155		education is available to all of those children between the ages of
165	156		three and 21. The statewide design shall include the provision of
166	157		services primarily through school districts and shared services
167	158		arrangements, supplemented by regional education service centers.
168	159		The agency shall also develop and implement a statewide plan with
169	160		programmatic content that includes procedures designed to:
170	161		(1) ensure state compliance with requirements for
171	162		supplemental federal funding for all state-administered programs
172	163		involving the delivery of instructional or related services to
173	164		students with disabilities;
174	165		(2) facilitate interagency coordination when other
175	166		state agencies are involved in the delivery of instructional or
176	167		related services to students with disabilities;
177	168		(3) periodically assess statewide personnel needs in
178	169		all areas of specialization related to special education and pursue
179	170		strategies to meet those needs through a consortium of
180	171		representatives from regional education service centers, local
181	172		education agencies, and institutions of higher education and
182	173		through other available alternatives;
183	174		(4) ensure that regional education service centers
184	175		throughout the state maintain a regional support function, which
185	176		may include direct service delivery and a component designed to
186	177		facilitate the placement of students with disabilities who cannot
187	178		be appropriately served in their resident districts;
188	179		(5) allow the agency to effectively monitor and
189	180		periodically conduct site visits of all school districts to ensure
190	181		that rules adopted under this section and Section 29.0031 are
191	182		applied in a consistent and uniform manner, to ensure that
192	183		districts are complying with those rules, and to ensure that annual
193	184		statistical reports filed by the districts and not otherwise
194	185		available through the Public Education Information Management
195	186		System under Sections 48.008 and 48.009 are accurate and complete;
196	187		(6) ensure that appropriately trained personnel are
197	188		involved in the diagnostic and evaluative procedures operating in
198	189		all districts and that those personnel routinely serve on district
199	190		admissions, review, and dismissal committees;
200	191		(7) ensure that an individualized education program
201	192		for each student with a disability is properly developed,
202	193		implemented, and maintained in the least restrictive environment
203	194		that is appropriate to meet the student's educational needs;
204	195		(8) ensure that, when appropriate, each student with a
205	196		disability is provided an opportunity to participate in career and
206	197		technology and physical education classes, in addition to
207	198		participating in regular or special classes;
208	199		(9) ensure that each student with a disability is
209	200		provided necessary related services;
210	201		(10) ensure that an individual assigned to act as a
211	202		surrogate parent for a child with a disability, as provided by 20
212	203		U.S.C. Section 1415(b), is required to:
213	204		(A) complete a training program that complies
214	205		with minimum standards established by agency rule;
215	206		(B) visit the child and the child's school;
216	207		(C) consult with persons involved in the child's
217	208		education, including teachers, caseworkers, court-appointed
218	209		volunteers, guardians ad litem, attorneys ad litem, foster parents,
219	210		and caretakers;
220	211		(D) review the child's educational records;
221	212		(E) attend meetings of the child's admission,
222	213		review, and dismissal committee;
223	214		(F) exercise independent judgment in pursuing
224	215		the child's interests; and
225	216		(G) exercise the child's due process rights under
226	217		applicable state and federal law; [and]
227	218		(11) ensure that each district develops a process to
228	219		be used by a teacher who instructs a student with a disability in a
229	220		regular classroom setting:
230	221		(A) to request a review of the student's
231	222		individualized education program;
232	223		(B) to provide input in the development of the
233	224		student's individualized education program;
234	225		(C) that provides for a timely district response
235	226		to the teacher's request; and
236	227		(D) that provides for notification to the
237	228		student's parent or legal guardian of that response;
238	229		(12) ensure the integration of technology to
239	230		accommodate students with dyslexia and related disorders; and
240	231		(13) ensure that training opportunities, including
241	232		continuing education that satisfies the requirements of Section
242	233		21.054(b):
243	234		(A) are accessible to school districts by
244	235		developing a list of training opportunities regarding dyslexia and
245	236		related disorders that comply with the knowledge and practice
246	237		standards of an international organization on dyslexia; and
247	238		(B) assist an educator or dyslexia service
248	239		provider in understanding and recognizing dyslexia and providing
249		-	multisensory, structured instruction that is systematic, explicit,
250		-	and evidence-based to meet the educational needs of students with
251		-	dyslexia.
	240	+	instruction that is systematic, explicit, and evidence-based to
	241	+	meet the educational needs of students with dyslexia.
252	242		SECTION 8. Section 29.002, Education Code, is amended to
253	243		read as follows:
254	244		Sec. 29.002. DEFINITIONS [DEFINITION]. In this
255	245		subchapter[, "special services" means]:
256	246		(1) "Special [special] education" means specially
257	247		designed instruction that is provided at no cost to the parent or
258	248		person standing in parental relation to meet the unique needs of a
259	249		student with a disability.[, which may be provided by professional
260	250		and supported by paraprofessional personnel in the regular
261	251		classroom or in an instructional arrangement described by Section
262	252		48.102; and]
263	253		(2) "Student with a disability" means a student
264		-	evaluated in accordance with Section 29.004 and the Individuals
265		-	with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) as
266		-	having:
	254	+	evaluated in accordance with the Individuals with Disabilities
	255	+	Education Act (20 U.S.C. Section 1400 et seq.) as having:
267	256		(A) an intellectual disability, a hearing
268	257		impairment including deafness, a visual impairment including
269	258		blindness, a serious emotional disturbance, an orthopedic
270	259		impairment, autism, a traumatic brain injury, a speech or language
271	260		impairment, deaf-blindness, multiple disabilities, any other
272	261		health impairment, or a specific learning disability and who, as a
273	262		result of the disability, needs special education;
274	263		(B) noncategorical early childhood developmental
275	264		delays that prevent the student from being adequately or safely
276	265		educated in a public school without receiving special education; or
277	266		(C) dyslexia or a related disorder and who, as a
278	267		result of the dyslexia or the related disorder, needs special
279	268		education [related services, which are developmental, corrective,
280	269		supportive, or evaluative services, not instructional in nature,
281	270		that may be required for the student to benefit from special
282	271		education instruction and for implementation of a student's
283	272		individualized education program].
284	273		SECTION 9. Section 29.003(b), Education Code, is amended to
285	274		read as follows:
286	275		(b) A student is eligible to participate in a school
287	276		district's special education program if the student:
288	277		(1) is not more than 21 years of age and is identified
289	278		as a student with [and has] a visual or hearing [auditory]
290	279		impairment [that prevents the student from being adequately or
291	280		safely educated in public school without the provision of special
292	281		services]; [or]
293	282		(2) is at least three years of age but not more than 21
294	283		years of age and has been identified as a student with a disability
295	284		other than a visual or hearing impairment; [and has one] or
296	285		(3) is at least three years of age but not more than
297	286		five years of age and the [following disabilities that prevents
298	287		the] student is a student evaluated as having noncategorical early
299	288		childhood developmental delays as described by Section
300	289		29.002(2)(B) [from being adequately or safely educated in public
301	290		school without the provision of special services:
302	291		[(A) physical disability;
303	292		[(B) intellectual or developmental disability;
304	293		[(C) emotional disturbance;
305	294		[(D) learning disability;
306	295		[(E) autism;
307	296		[(F) speech disability; or
308	297		[(G) traumatic brain injury].
309	298		SECTION 10. Subchapter A, Chapter 29, Education Code, is
310	299		amended by adding Section 29.0031 to read as follows:
311	300		Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school
312	301		district shall:
313	302		(1) screen students for dyslexia and related
314	303		disorders;
315	304		(2) notify the parent of or person standing in
316	305		parental relation to each student who is determined to be at risk
317	306		for dyslexia or a related disorder that the student is at risk; and
318	307		(3) make a good faith effort to ensure that the notice
319	308		provided under Subdivision (2):
320	309		(A) is clear and easy to understand;
321	310		(B) is in the recipient's native language; and
322	311		(C) includes information about the student's
323	312		data and measurements that led to the determination that the
324	313		student is at risk for dyslexia or a related disorder.
325	314		(b) On determining that a student is at risk for dyslexia or
326		-	a related disorder, the school district shall implement a
327		-	multisensory, structured reading instruction program as an
328		-	intervention as part of the district's multi-tiered systems of
329		-	support under Section 26.0081 that, to the extent possible,
330		-	incorporates training provided to teachers under Section 21.4552.
331		-	The district shall determine the form, content, and timing of a
332		-	program provided under this subsection, subject to requirements for
333		-	the program established by the commissioner by rule. The program
334		-	adopted under this subsection may not be used to delay an evaluation
335		-	for special education services under Section 29.004.
336		-	(c) Only a person who meets the qualifications for
337		-	employment by a school district to provide services to students
338		-	with dyslexia and related disorders under Section 21.003(b-1) may
339		-	perform screenings for dyslexia and related disorders and implement
340		-	reading instruction programs as required by this section.
341		-	(d) The commissioner shall adopt rules as necessary to
	315	+	a related disorder, the school district shall implement an
	316	+	evidence-based reading instruction program as an intervention as
	317	+	part of the district's multi-tiered systems of support under
	318	+	Section 26.0081 that, to the extent possible, incorporates training
	319	+	provided to teachers under Section 21.4552. The district shall
	320	+	determine the form, content, and timing of a program provided under
	321	+	this subsection, subject to requirements for the program
	322	+	established by the commissioner by rule. The program adopted under
	323	+	this subsection may not be used to delay an evaluation for special
	324	+	education services under Section 29.004.
	325	+	(c) The commissioner shall adopt rules as necessary to
342	326		implement this section. The rules must:
343	327		(1) require a universal screening for each student for
344	328		dyslexia and related disorders:
345	329		(A) at the end of the school year in
346	330		kindergarten; and
347	331		(B) before the end of the school year in first
348	332		grade;
349	333		(2) establish, in coordination with experts and
350	334		educators in the field of reading and dyslexia and related
351	335		disorders from across the state, the screening requirements under
352	336		Subsection (a);
353	337		(3) establish the requirements for reading
354	338		instruction programs provided under Subsection (b); and
355		-	(4) establish the personnel required to ~~deliver~~
356		-	dyslexia intervention ~~in accordance with Section 21~~.~~003(b-1).~~
	339	+	(4) establish the personnel required to administer
	340	+	dyslexia intervention and specialized instruction support.
357	341		SECTION 11. Section 30.001(b), Education Code, is amended
358	342		to read as follows:
359	343		(b) The commissioner, with the approval of the State Board
360	344		of Education, shall develop and implement a plan for the
361	345		coordination of services to children with disabilities in each
362	346		region served by a regional education service center. The plan must
363	347		include procedures for:
364	348		(1) identifying existing public or private
365	349		educational and related services for children with disabilities in
366	350		each region;
367	351		(2) identifying and referring children with
368	352		disabilities who cannot be appropriately served by the school
369	353		district in which they reside to other appropriate programs;
370	354		(3) assisting school districts to individually or
371	355		cooperatively develop programs to identify and provide appropriate
372	356		services for children with disabilities;
373	357		(4) expanding and coordinating services provided by
374	358		regional education service centers for children with disabilities;
375	359		[and]
376	360		(5) providing for special education [services],
377	361		including special seats, books, instructional media, and other
378	362		supplemental supplies and services required for proper
379	363		instruction; and
380	364		(6) ensuring services provided for students with
381	365		dyslexia and related disorders align with guidance on
382	366		evidence-based practices developed by the State Board of Education
383	367		under Section 7.102(c)(28).
384	368		SECTION 12. Section 30.002(g), Education Code, is amended
385	369		to read as follows:
386	370		(g) To facilitate implementation of this section, the
387	371		commissioner shall develop a system to distribute from the
388	372		foundation school fund to school districts or regional education
389	373		service centers a special supplemental allowance for each student
390	374		with a visual impairment and for each student with a serious visual
391	375		disability and another medically diagnosed disability of a
392	376		significantly limiting nature who is receiving special education
393	377		services through any approved program. The supplemental allowance
394	378		may be spent only for special education [services] uniquely
395	379		required by the nature of the student's disabilities and may not be
396	380		used in lieu of educational funds otherwise available under this
397	381		code or through state or local appropriations.
398	382		SECTION 13. Section 37.146(a), Education Code, is amended
399	383		to read as follows:
400	384		(a) A complaint alleging the commission of a school offense
401	385		must, in addition to the requirements imposed by Article 45.019,
402	386		Code of Criminal Procedure:
403	387		(1) be sworn to by a person who has personal knowledge
404	388		of the underlying facts giving rise to probable cause to believe
405	389		that an offense has been committed; and
406	390		(2) be accompanied by a statement from a school
407	391		employee stating:
408	392		(A) whether the child is eligible for or receives
409	393		special education [services] under Subchapter A, Chapter 29; and
410	394		(B) the graduated sanctions, if required under
411	395		Section 37.144, that were imposed on the child before the complaint
412	396		was filed.
413	397		SECTION 14. Section 48.103, Education Code, is amended by
414	398		amending Subsections (b) and (c) and adding Subsection (c-1) to
415	399		read as follows:
416	400		(b) A school district is entitled to an allotment under
417	401		Subsection (a) only for a student who:
418	402		(1) is receiving services for dyslexia or a related
419	403		disorder in accordance with:
420	404		(A) an individualized education program
421	405		developed for the student under Section 29.005; or
422	406		(B) a plan developed for the student under
423	407		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
424	408		(2) is receiving instruction that:
425	409		(A) meets applicable dyslexia intervention
426	410		components [program criteria] established by the State Board of
427	411		Education or agency; and
428	412		(B) is provided by a person with specific
429	413		training in providing that instruction; or
430	414		(3) is permitted, on the basis of having dyslexia or a
431	415		related disorder, to use modifications in the classroom or
432	416		accommodations in the administration of assessment instruments
433	417		under Section 39.023.
434		-	(c) A school district shall:
435		-	(1) ~~[may]~~ receive funding for a student under this
436		-	~~section~~ and Section 48.102 if the student satisfies the
437		-	~~requirements of~~ both sections;
	418	+	(c) A school district shall: [may]
	419	+	(1) receive funding for a student under this section
	420	+	and Section 48.102 if the student satisfies the requirements of
	421	+	both sections;
438	422		(2) allocate money received under Subdivision (1) to
439	423		the district's special education budget; and
440	424		(3) prioritize the use of money received under
441	425		Subdivision (1) for the employment and retention of district
442	426		employees who are specially trained to evaluate, identify, and
443	427		provide services for dyslexia and related disorders, including a
444	428		person described by Section 21.003(b-1).
445	429		(c-1) A school district may only use funding received under
446	430		this section to supplement the district's special education budget
447	431		and not to offset or deduct from the district's special education
448	432		budget.
449		-	SECTION 15. (a) A joint interim committee is established to
450		-	study methods for screening and testing students for dyslexia and
451		-	the appropriate instruction for students with dyslexia and related
452		-	disorders.
453		-	(b) The committee shall assess:
454		-	(1) the method and efficiency with which dyslexia
455		-	programs are delivered to students;
456		-	(2) whether the dyslexia screening process used by
457		-	school districts correctly identifies students with dyslexia and
458		-	provides the intervention and curriculum necessary for those
459		-	students;
460		-	(3) whether the implementation of recommended
461		-	methodologies for students with dyslexia in the elementary grades
462		-	is successful and appropriate;
463		-	(4) methods to properly enforce and provide oversight
464		-	of dyslexia programs;
465		-	(5) parental rights related to dyslexia screening and
466		-	programs;
467		-	(6) methods to ensure federal funds received to
468		-	support special education instruction for students with dyslexia
469		-	are used to provide students with the best evidence-based
470		-	multisensory systematic language therapy intervention available;
471		-	and
472		-	(7) the effectiveness of educator incentives for
473		-	dyslexia programs.
474		-	(c) The committee consists of the following eight members:
475		-	(1) four members of the house of representatives
476		-	appointed by the speaker of the house of representatives; and
477		-	(2) four members of the senate appointed by the
478		-	lieutenant governor.
479		-	(d) The speaker of the house of representatives and the
480		-	lieutenant governor shall each designate a co-chair from among the
481		-	committee members.
482		-	(e) The joint interim committee has all other powers and
483		-	duties provided to a special or select committee by the rules of the
484		-	senate and house of representatives by Subchapter B, Chapter 301,
485		-	Government Code, and by policies of the senate and house committees
486		-	on administration.
487		-	(f) Not later than December 1, 2022, the joint interim
488		-	committee shall report the committee's findings and
489		-	recommendations to the governor and the members of the legislature.
490		-	(g) The joint interim committee established under this
491		-	section is abolished and this section expires December 10, 2022.
492		-	SECTION 16. The following provisions of the Education Code
	433	+	SECTION 15. The following provisions of the Education Code
493	434		are repealed:
494	435		(1) Section 38.003;
495	436		(2) Section 38.0031; and
496	437		(3) Section 38.0032.
497		-	SECTION 17. (a) This Act applies beginning with the
498		-	2022~~-2023~~ school year.
	438	+	SECTION 16. (a) This Act applies beginning with the
	439	+	2021-2022 school year.
499	440		(b) As soon as is practicable after the effective date of
500	441		this Act, the commissioner of education shall adopt rules necessary
501	442		to implement this Act using a negotiated rulemaking process under
502	443		Chapter 2008, Government Code.
503	444		(c) As soon as is practicable after the effective date of
504	445		this Act, each school district shall notify the parent or person
505	446		standing in parental relation to a student who has been identified
506	447		as having dyslexia or a related disorder and who received dyslexia
507	448		intervention and instructional support in accordance with Section
508		-	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the
509		-	2021-2022 school year of the parent's or person's rights to have the
510		-	student continue that support and to request a full individual
511		-	evaluation under Section 29.004, Education Code. The commissioner
512		-	of education shall develop and make available a model notice that a
513		-	school district shall use to provide the notice required by this
514		-	subsection.
515		-	(d) Not later than September 1, 2022, the Texas Education
	449	+	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) during the
	450	+	2020-2021 school year of the parent's or person's right to request a
	451	+	full individual evaluation under Section 29.004, Education Code.
	452	+	(d) Not later than September 1, 2021, the Texas Education
516	453		Agency shall provide informal guidance to school districts on the
517	454		evaluation and identification of students with dyslexia or a
518	455		related disorder in accordance with this Act.
519		-	SECTION 18. This Act takes effect September 1, 2021.
520		-	* * * * *
	456	+	SECTION 17. This Act takes effect immediately if it
	457	+	receives a vote of two-thirds of all the members elected to each
	458	+	house, as provided by Section 39, Article III, Texas Constitution.
	459	+	If this Act does not receive the vote necessary for immediate
	460	+	effect, this Act takes effect September 1, 2021.