Texas 2021 - 87th Regular

Texas Senate Bill SB89 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 89
	1	+	By: Menéndez, et al. S.B. No. 89
	2	+	(González of El Paso)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to supplemental information required for inclusion with a
6	8		written statement of an individualized education program developed
7	9		for certain public school students who received special education
8	10		services during the 2019-2020 or 2020-2021 school year.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. This Act shall be known as the COVID-19 Special
11	13		Education Recovery Act.
12	14		SECTION 2. Subchapter A, Chapter 29, Education Code, is
13	15		amended by adding Section 29.0052 to read as follows:
14	16		Sec. 29.0052. INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT.
15	17		(a) Except as provided by Subsection (b), for each child who was
16	18		enrolled in a school district's special education program under
17	19		this subchapter during the 2019-2020 school year or the 2020-2021
18	20		school year, the district shall prepare a supplement to be included
19	21		with the written statement of the individualized education program
20	22		developed for the child under Section 29.005(b). The supplement
21	23		must include information indicating:
22	24		(1) if applicable, whether the written report of the
23	25		child's full individual and initial evaluation under Section 29.004
24	26		was completed during the 2019-2020 school year or the 2020-2021
25	27		school year and, if so, whether the report was completed by the date
26	28		required under that section;
27	29		(2) if applicable, whether the child's initial
28	30		individualized education program was developed under Section
29	31		29.005(b) during the 2019-2020 school year or the 2020-2021 school
30	32		year and, if so, whether the program was developed by the date
31	33		required under 34 C.F.R. Section 300.323(c)(1);
32	34		(3) whether the provision of special services to the
33	35		child under an individualized education program during the
34	36		2019-2020 school year or the 2020-2021 school year was interrupted,
35	37		reduced, delayed, suspended, or discontinued; and
36	38		(4) whether compensatory educational services are
37	39		appropriate for the child based on the information under
38	40		Subdivisions (1)-(3) or any other factors.
39	41		(b) Subsection (a) does not apply to a child if during the
40	42		2020-2021 school year the written statement of the child's
41	43		individualized education program documents the information
42	44		described under Subsections (a)(1)-(4).
43	45		(c) Section 29.005(f) and Section 29.0051 do not apply to a
44	46		supplement prepared for inclusion with a written statement of an
45	47		individualized education program, as required by this section.
46	48		(d) The commissioner may adopt rules as necessary to
47	49		implement this section.
48	50		(e) This section expires September 1, 2023.
49	51		SECTION 3. Not later than May 1, 2022, a school district
50	52		subject to Section 29.0052, Education Code, as added by this Act,
51	53		shall complete each required supplement to a written statement of
52	54		an individualized education program, as provided by that section.
53	55		SECTION 4. This Act takes effect immediately if it receives
54	56		a vote of two-thirds of all the members elected to each house, as
55	57		provided by Section 39, Article III, Texas Constitution. If this
56	58		Act does not receive the vote necessary for immediate effect, this
57	59		Act takes effect September 1, 2021.
58		-	______________________________ ______________________________
59		-	President of the Senate Speaker of the House
60		-	I hereby certify that S.B. No. 89 passed the Senate on
61		-	April 13, 2021, by the following vote: Yeas 31, Nays 0.
62		-	______________________________
63		-	Secretary of the Senate
64		-	I hereby certify that S.B. No. 89 passed the House on
65		-	May 23, 2021, by the following vote: Yeas 143, Nays 2, one present
66		-	not voting.
67		-	______________________________
68		-	Chief Clerk of the House
69		-	Approved:
70		-	______________________________
71		-	Date
72		-	______________________________
73		-	Governor