Texas 2023 - 88th Regular

Texas House Bill HB1369 Compare Versions

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1	1	By: Toth H.B. No. 1369
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to a student's eligibility for special education services
7	7	provided by a school district, including services for dyslexia and
8	8	related disorders.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 7.028(a), Education Code, is amended to
11	11	read as follows:
12	12	(a) Except as provided by Section 21.006(k), 22.093(l),
13	13	22.096, 28.006, 29.001(5), 29.010(a), [38.003,] or 39.057, the
14	14	agency may monitor compliance with requirements applicable to a
15	15	process or program provided by a school district, campus, program,
16	16	or school granted charters under Chapter 12, including the process
17	17	described by Subchapter F, Chapter 11, or a program described by
18	18	Subchapter B, C, D, E, F, H, or I, Chapter 29, or Subchapter A,
19	19	Chapter 37, only as necessary to ensure:
20	20	(1) compliance with federal law and regulations;
21	21	(2) financial accountability, including compliance
22	22	with grant requirements;
23	23	(3) data integrity for purposes of:
24	24	(A) the Public Education Information Management
25	25	System (PEIMS); and
26	26	(B) accountability under Chapters 39 and 39A; and
27	27	(4) qualification for funding under Chapter 48.
28	28	SECTION 2. Section 7.102(c)(28), Education Code, is amended
29	29	to read as follows:
30	30	(28) The board shall develop and update, as necessary,
31	31	guidance information for school districts on evidence-based
32	32	practices for intervention and instruction of students with
33	33	[approve a program for testing students for] dyslexia and related
34	34	disorders and incorporate in the information input from a
35	35	broad-based dialogue with educators and experts in the field of
36	36	reading and dyslexia and related disorders from across the state.
37	37	The guidance information may not address:
38	38	(A) the evaluation and identification of
39	39	students with dyslexia or a related disorder; or
40	40	(B) how intervention and instruction are to be
41	41	accessed by a student [as provided by Section 38.003].
42	42	SECTION 3. Section 11.252(a), Education Code, is amended to
43	43	read as follows:
44	44	(a) Each school district shall have a district improvement
45	45	plan that is developed, evaluated, and revised annually, in
46	46	accordance with district policy, by the superintendent with the
47	47	assistance of the district-level committee established under
48	48	Section 11.251. The purpose of the district improvement plan is to
49	49	guide district and campus staff in the improvement of student
50	50	performance for all student groups in order to attain state
51	51	standards in respect to the achievement indicators adopted under
52	52	Section 39.053(c). The district improvement plan must include
53	53	provisions for:
54	54	(1) a comprehensive needs assessment addressing
55	55	district student performance on the achievement indicators, and
56	56	other appropriate measures of performance, that are disaggregated
57	57	by all student groups served by the district, including categories
58	58	of ethnicity, socioeconomic status, sex, and populations served by
59	59	special programs, including students in special education programs
60	60	under Subchapter A, Chapter 29;
61	61	(2) measurable district performance objectives for
62	62	all appropriate achievement indicators for all student
63	63	populations, including students in special education programs
64	64	under Subchapter A, Chapter 29, and other measures of student
65	65	performance that may be identified through the comprehensive needs
66	66	assessment;
67	67	(3) strategies for improvement of student performance
68	68	that include:
69	69	(A) instructional methods for addressing the
70	70	needs of student groups not achieving their full potential;
71	71	(B) evidence-based practices that address the
72	72	needs of students for special programs, including:
73	73	(i) suicide prevention programs, in
74	74	accordance with Subchapter G, Chapter 38, which include a parental
75	75	or guardian notification procedure;
76	76	(ii) conflict resolution programs;
77	77	(iii) violence prevention programs; and
78	78	(iv) special education [dyslexia
79	79	treatment] programs;
80	80	(C) dropout reduction;
81	81	(D) integration of technology in instructional
82	82	and administrative programs;
83	83	(E) positive behavior interventions and support,
84	84	including interventions and support that integrate best practices
85	85	on grief-informed and trauma-informed care;
86	86	(F) staff development for professional staff of
87	87	the district;
88	88	(G) career education to assist students in
89	89	developing the knowledge, skills, and competencies necessary for a
90	90	broad range of career opportunities;
91	91	(H) accelerated education; and
92	92	(I) implementation of a comprehensive school
93	93	counseling program under Section 33.005;
94	94	(4) strategies for providing to elementary school,
95	95	middle school, junior high school, and high school students, those
96	96	students' teachers and school counselors, and those students'
97	97	parents information about:
98	98	(A) higher education admissions and financial
99	99	aid opportunities, including state financial aid opportunities
100	100	such as the TEXAS grant program and the Teach for Texas grant
101	101	program established under Chapter 56;
102	102	(B) the need for students to make informed
103	103	curriculum choices to be prepared for success beyond high school;
104	104	and
105	105	(C) sources of information on higher education
106	106	admissions and financial aid;
107	107	(5) resources needed to implement identified
108	108	strategies;
109	109	(6) staff responsible for ensuring the accomplishment
110	110	of each strategy;
111	111	(7) timelines for ongoing monitoring of the
112	112	implementation of each improvement strategy;
113	113	(8) formative evaluation criteria for determining
114	114	periodically whether strategies are resulting in intended
115	115	improvement of student performance;
116	116	(9) the policy under Section 38.0041 addressing sexual
117	117	abuse and other maltreatment of children; and
118	118	(10) the trauma-informed care policy required under
119	119	Section 38.036.
120	120	SECTION 4. Section 21.003, Education Code, is amended by
121	121	adding Subsection (b-1) to read as follows:
122	122	(b-1) A person may be employed by a school district to
123	123	provide services to students with dyslexia and related disorders,
124	124	including a therapist, practitioner, specialist, or
125	125	interventionist, without holding a certificate or permit issued
126	126	under Subchapter B in special education if the person:
127	127	(1) holds the appropriate license, including a license
128	128	issued under Chapter 403, Occupations Code;
129	129	(2) holds a certification issued by the appropriate
130	130	association or has received training from an appropriate training
131	131	provider, including an academic language practitioner or therapist
132	132	certified by the Academic Language Therapy Association; or
133	133	(3) meets the applicable training requirements for the
134	134	position adopted by the commissioner by rule.
135	135	SECTION 5. Section 28.006(g-2), Education Code, is amended
136	136	to read as follows:
137	137	(g-2) In accordance with a notification program developed
138	138	by the commissioner by rule, a school district shall notify the
139	139	parent or guardian of each student determined, on the basis of a
140	140	screening under Section 29.0031 [38.003] or other basis, to be at
141	141	risk for [have] dyslexia or a related disorder, or determined, on
142	142	the basis of reading instrument results, to be at risk for dyslexia
143	143	or other reading difficulties, of the program maintained by the
144	144	Texas State Library and Archives Commission providing students with
145	145	reading disabilities the ability to borrow audiobooks free of
146	146	charge.
147	147	SECTION 6. Section 29.001, Education Code, is amended to
148	148	read as follows:
149	149	Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
150	150	modify as necessary, a statewide design, consistent with federal
151	151	law, for the delivery of services to children with disabilities in
152	152	this state that includes rules for the administration and funding
153	153	of the special education program so that a free appropriate public
154	154	education is available to all of those children between the ages of
155	155	three and 21. The statewide design shall include the provision of
156	156	services primarily through school districts and shared services
157	157	arrangements, supplemented by regional education service centers.
158	158	The agency shall also develop and implement a statewide plan with
159	159	programmatic content that includes procedures designed to:
160	160	(1) ensure state compliance with requirements for
161	161	supplemental federal funding for all state-administered programs
162	162	involving the delivery of instructional or related services to
163	163	students with disabilities;
164	164	(2) facilitate interagency coordination when other
165	165	state agencies are involved in the delivery of instructional or
166	166	related services to students with disabilities;
167	167	(3) periodically assess statewide personnel needs in
168	168	all areas of specialization related to special education and pursue
169	169	strategies to meet those needs through a consortium of
170	170	representatives from regional education service centers, local
171	171	education agencies, and institutions of higher education and
172	172	through other available alternatives;
173	173	(4) ensure that regional education service centers
174	174	throughout the state maintain a regional support function, which
175	175	may include direct service delivery and a component designed to
176	176	facilitate the placement of students with disabilities who cannot
177	177	be appropriately served in their resident districts;
178	178	(5) allow the agency to effectively monitor and
179	179	periodically conduct site visits of all school districts to ensure
180	180	that rules adopted under this section and Section 29.0031 are
181	181	applied in a consistent and uniform manner, to ensure that
182	182	districts are complying with those rules, and to ensure that annual
183	183	statistical reports filed by the districts and not otherwise
184	184	available through the Public Education Information Management
185	185	System under Sections 48.008 and 48.009 are accurate and complete;
186	186	(6) ensure that appropriately trained personnel are
187	187	involved in the diagnostic and evaluative procedures operating in
188	188	all districts and that those personnel routinely serve on district
189	189	admissions, review, and dismissal committees;
190	190	(7) ensure that an individualized education program
191	191	for each student with a disability is properly developed,
192	192	implemented, and maintained in the least restrictive environment
193	193	that is appropriate to meet the student's educational needs;
194	194	(8) ensure that, when appropriate, each student with a
195	195	disability is provided an opportunity to participate in career and
196	196	technology and physical education classes, in addition to
197	197	participating in regular or special classes;
198	198	(9) ensure that each student with a disability is
199	199	provided necessary related services;
200	200	(10) ensure that an individual assigned to act as a
201	201	surrogate parent for a child with a disability, as provided by 20
202	202	U.S.C. Section 1415(b), is required to:
203	203	(A) complete a training program that complies
204	204	with minimum standards established by agency rule;
205	205	(B) visit the child and the child's school;
206	206	(C) consult with persons involved in the child's
207	207	education, including teachers, caseworkers, court-appointed
208	208	volunteers, guardians ad litem, attorneys ad litem, foster parents,
209	209	and caretakers;
210	210	(D) review the child's educational records;
211	211	(E) attend meetings of the child's admission,
212	212	review, and dismissal committee;
213	213	(F) exercise independent judgment in pursuing
214	214	the child's interests; and
215	215	(G) exercise the child's due process rights under
216	216	applicable state and federal law; [and]
217	217	(11) ensure that each district develops a process to
218	218	be used by a teacher who instructs a student with a disability in a
219	219	regular classroom setting:
220	220	(A) to request a review of the student's
221	221	individualized education program;
222	222	(B) to provide input in the development of the
223	223	student's individualized education program;
224	224	(C) that provides for a timely district response
225	225	to the teacher's request; and
226	226	(D) that provides for notification to the
227	227	student's parent or legal guardian of that response;
228	228	(12) ensure the integration of technology to
229	229	accommodate students with dyslexia and related disorders; and
230	230	(13) ensure that training opportunities, including
231	231	continuing education that satisfies the requirements of Section
232	232	21.054(b):
233	233	(A) are accessible to school districts by
234	234	developing a list of training opportunities regarding dyslexia and
235	235	related disorders that comply with the knowledge and practice
236	236	standards of an international organization on dyslexia; and
237	237	(B) assist an educator or dyslexia service
238	238	provider in understanding and recognizing dyslexia and providing
239	239	instruction that is systematic, explicit, and evidence-based to
240	240	meet the educational needs of students with dyslexia.
241	241	SECTION 7. Section 29.002, Education Code, is amended to
242	242	read as follows:
243	243	Sec. 29.002. DEFINITIONS [DEFINITION]. In this
244	244	subchapter[, "special services" means]:
245	245	(1) "Special [special] education" means specially
246	246	designed instruction that is provided at no cost to the parent or
247	247	person standing in parental relation to meet the unique needs of a
248	248	student with a disability.[, which may be provided by professional
249	249	and supported by paraprofessional personnel in the regular
250	250	classroom or in an instructional arrangement described by Section
251	251	48.102; and]
252	252	(2) "Student with a disability" means a student
253	253	evaluated in accordance with the Individuals with Disabilities
254	254	Education Act (20 U.S.C. Section 1400 et seq.) as having:
255	255	(A) an intellectual disability, a hearing
256	256	impairment including deafness, a visual impairment including
257	257	blindness, a serious emotional disturbance, an orthopedic
258	258	impairment, autism, a traumatic brain injury, a speech or language
259	259	impairment, deaf-blindness, multiple disabilities, any other
260	260	health impairment, or a specific learning disability and who, as a
261	261	result of the disability, needs special education;
262	262	(B) noncategorical early childhood developmental
263	263	delays that prevent the student from being adequately or safely
264	264	educated in a public school without receiving special education; or
265	265	(C) dyslexia or a related disorder and who, as a
266	266	result of the dyslexia or the related disorder, needs special
267	267	education [related services, which are developmental, corrective,
268	268	supportive, or evaluative services, not instructional in nature,
269	269	that may be required for the student to benefit from special
270	270	education instruction and for implementation of a student's
271	271	individualized education program].
272	272	SECTION 8. Section 29.003(b), Education Code, is amended to
273	273	read as follows:
274	274	(b) A student is eligible to participate in a school
275	275	district's special education program if the student:
276	276	(1) is not more than 21 years of age and is identified
277	277	as a student with [and has] a visual or hearing [auditory]
278	278	impairment [that prevents the student from being adequately or
279	279	safely educated in public school without the provision of special
280	280	services]; [or]
281	281	(2) is at least three years of age but not more than 21
282	282	years of age and has been identified as a student with a disability
283	283	other than a visual or hearing impairment; [and has one] or
284	284	(3) is at least three years of age but not more than
285	285	five years of age and the [following disabilities that prevents
286	286	the] student is a student evaluated as having noncategorical early
287	287	childhood developmental delays as described by Section
288	288	29.002(2)(B) [from being adequately or safely educated in public
289	289	school without the provision of special services:
290	290	[(A) physical disability;
291	291	[(B) intellectual or developmental disability;
292	292	[(C) emotional disturbance;
293	293	[(D) learning disability;
294	294	[(E) autism;
295	295	[(F) speech disability; or
296	296	[(G) traumatic brain injury].
297	297	SECTION 9. Subchapter A, Chapter 29, Education Code, is
298	298	amended by adding Section 29.0031 to read as follows:
299	299	Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school
300	300	district shall:
301	301	(1) screen students for dyslexia and related
302	302	disorders;
303	303	(2) notify the parent of or person standing in
304	304	parental relation to each student who is determined to be at risk
305	305	for dyslexia or a related disorder that the student is at risk; and
306	306	(3) make a good faith effort to ensure that the notice
307	307	provided under Subdivision (2):
308	308	(A) is clear and easy to understand;
309	309	(B) is in the recipient's native language; and
310	310	(C) includes information about the student's
311	311	data and measurements that led to the determination that the
312	312	student is at risk for dyslexia or a related disorder.
313	313	(b) On determining that a student is at risk for dyslexia or
314	314	a related disorder, the school district shall implement an
315	315	evidence-based reading instruction program as an intervention as
316	316	part of the district's multi-tiered systems of support under
317	317	Section 26.0081 that, to the extent possible, incorporates training
318	318	provided to teachers under Section 21.4552. The district shall
319	319	determine the form, content, and timing of a program provided under
320	320	this subsection, subject to requirements for the program
321	321	established by the commissioner by rule. The program adopted under
322	322	this subsection may not be used to delay an evaluation for special
323	323	education services under Section 29.004.
324	324	(c) The commissioner shall adopt rules as necessary to
325	325	implement this section. The rules must:
326	326	(1) require a universal screening for each student for
327	327	dyslexia and related disorders:
328	328	(A) at the end of the school year in
329	329	kindergarten; and
330	330	(B) before the end of the school year in first
331	331	grade;
332	332	(2) establish, in coordination with experts and
333	333	educators in the field of reading and dyslexia and related
334	334	disorders from across the state, the screening requirements under
335	335	Subsection (a);
336	336	(3) establish the requirements for reading
337	337	instruction programs provided under Subsection (b); and
338	338	(4) establish the personnel required to administer
339	339	dyslexia intervention and specialized instruction support.
340	340	SECTION 10. Section 30.001(b), Education Code, is amended
341	341	to read as follows:
342	342	(b) The commissioner, with the approval of the State Board
343	343	of Education, shall develop and implement a plan for the
344	344	coordination of services to children with disabilities in each
345	345	region served by a regional education service center. The plan must
346	346	include procedures for:
347	347	(1) identifying existing public or private
348	348	educational and related services for children with disabilities in
349	349	each region;
350	350	(2) identifying and referring children with
351	351	disabilities who cannot be appropriately served by the school
352	352	district in which they reside to other appropriate programs;
353	353	(3) assisting school districts to individually or
354	354	cooperatively develop programs to identify and provide appropriate
355	355	services for children with disabilities;
356	356	(4) expanding and coordinating services provided by
357	357	regional education service centers for children with disabilities;
358	358	[and]
359	359	(5) providing for special education [services],
360	360	including special seats, books, instructional media, and other
361	361	supplemental supplies and services required for proper
362	362	instruction; and
363	363	(6) ensuring services provided for students with
364	364	dyslexia and related disorders align with guidance on
365	365	evidence-based practices developed by the State Board of Education
366	366	under Section 7.102(c)(28).
367	367	SECTION 11. Section 30.002(g), Education Code, is amended
368	368	to read as follows:
369	369	(g) To facilitate implementation of this section, the
370	370	commissioner shall develop a system to distribute from the
371	371	foundation school fund to school districts or regional education
372	372	service centers a special supplemental allowance for each student
373	373	with a visual impairment and for each student with a serious visual
374	374	disability and another medically diagnosed disability of a
375	375	significantly limiting nature who is receiving special education
376	376	services through any approved program. The supplemental allowance
377	377	may be spent only for special education [services] uniquely
378	378	required by the nature of the student's disabilities and may not be
379	379	used in lieu of educational funds otherwise available under this
380	380	code or through state or local appropriations.
381	381	SECTION 12. Section 37.146(a), Education Code, is amended
382	382	to read as follows:
383	383	(a) A complaint alleging the commission of a school offense
384	384	must, in addition to the requirements imposed by Article 45.019,
385	385	Code of Criminal Procedure:
386	386	(1) be sworn to by a person who has personal knowledge
387	387	of the underlying facts giving rise to probable cause to believe
388	388	that an offense has been committed; and
389	389	(2) be accompanied by a statement from a school
390	390	employee stating:
391	391	(A) whether the child is eligible for or receives
392	392	special education [services] under Subchapter A, Chapter 29; and
393	393	(B) the graduated sanctions, if required under
394	394	Section 37.144, that were imposed on the child before the complaint
395	395	was filed.
396	396	SECTION 13. Section 48.103, Education Code, is amended by
397	397	amending Subsections (b) and (c) and adding Subsection (c-1) to
398	398	read as follows:
399	399	(b) A school district is entitled to an allotment under
400	400	Subsection (a) only for a student who:
401	401	(1) is receiving services for dyslexia or a related
402	402	disorder in accordance with:
403	403	(A) an individualized education program
404	404	developed for the student under Section 29.005; or
405	405	(B) a plan developed for the student under
406	406	Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
407	407	(2) is receiving instruction that:
408	408	(A) meets applicable dyslexia intervention
409	409	components [program criteria] established by the State Board of
410	410	Education or agency; and
411	411	(B) is provided by a person with specific
412	412	training in providing that instruction; or
413	413	(3) is permitted, on the basis of having dyslexia or a
414	414	related disorder, to use modifications in the classroom or
415	415	accommodations in the administration of assessment instruments
416	416	under Section 39.023.
417	417	(c) A school district shall: [may]
418	418	(1) receive funding for a student under this section
419	419	and Section 48.102 if the student satisfies the requirements of
420	420	both sections;
421	421	(2) allocate money received under Subdivision (1) to
422	422	the district's special education budget; and
423	423	(3) prioritize the use of money received under
424	424	Subdivision (1) for the employment and retention of district
425	425	employees who are specially trained to evaluate, identify, and
426	426	provide services for dyslexia and related disorders, including a
427	427	person described by Section 21.003(b-1).
428	428	(c-1) A school district may only use funding received under
429	429	this section to supplement the district's special education budget
430	430	and not to offset or deduct from the district's special education
431	431	budget.
432	432	SECTION 14. The following provisions of the Education Code
433	433	are repealed:
434	434	(1) Section 38.003;
435	435	(2) Section 38.0031; and
436	436	(3) Section 38.0032.
437	437	SECTION 15. (a) This Act applies beginning with the
438	438	2023-2024 school year.
439	439	(b) As soon as is practicable after the effective date of
440	440	this Act, the commissioner of education shall adopt rules necessary
441	441	to implement this Act using a negotiated rulemaking process under
442	442	Chapter 2008, Government Code.
443	443	(c) As soon as is practicable after the effective date of
444	444	this Act, each school district shall notify the parent or person
445	445	standing in parental relation to a student who has been identified
446	446	as having dyslexia or a related disorder and who received dyslexia
447	447	intervention and instructional support in accordance with Section
448	448	504, Rehabilitation Act of 1973 (29 U.S.C. Section 794) during the
449	449	2022-2023 school year of the parent's or person's right to request a
450	450	full individual evaluation under Section 29.004, Education Code.
451	451	(d) Not later than September 1, 2023, the Texas Education
452	452	Agency shall provide informal guidance to school districts on the
453	453	evaluation and identification of students with dyslexia or a
454	454	related disorder in accordance with this Act.
455	455	SECTION 16. This Act takes effect immediately if it
456	456	receives a vote of two-thirds of all the members elected to each
457	457	house, as provided by Section 39, Article III, Texas Constitution.
458	458	If this Act does not receive the vote necessary for immediate
459	459	effect, this Act takes effect September 1, 2023.