| 1 | 1 | | 88R11912 ANG-D |
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| 2 | 2 | | By: Goodwin H.B. No. 2831 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the terminology used to refer to certain disabilities |
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| 8 | 8 | | in determining eligibility for special education services in public |
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| 9 | 9 | | schools. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 29.003, Education Code, is amended by |
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| 12 | 12 | | amending Subsection (b) and adding Subsection (c) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (b) A student is eligible to participate in a school |
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| 15 | 15 | | district's special education program if the student: |
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| 16 | 16 | | (1) is not more than 21 years of age and has a visual or |
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| 17 | 17 | | auditory impairment that prevents the student from being adequately |
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| 18 | 18 | | or safely educated in public school without the provision of |
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| 19 | 19 | | special services; or |
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| 20 | 20 | | (2) is at least three but not more than 21 years of age |
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| 21 | 21 | | and has one or more of the following disabilities that prevents the |
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| 22 | 22 | | student from being adequately or safely educated in public school |
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| 23 | 23 | | without the provision of special services: |
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| 24 | 24 | | (A) physical disability; |
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| 25 | 25 | | (B) intellectual or developmental disability; |
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| 26 | 26 | | (C) emotional dysregulation [disturbance]; |
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| 27 | 27 | | (D) learning disability; |
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| 28 | 28 | | (E) autism; |
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| 29 | 29 | | (F) speech disability; or |
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| 30 | 30 | | (G) traumatic brain injury. |
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| 31 | 31 | | (c) In this section, "emotional dysregulation" has the |
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| 32 | 32 | | meaning assigned to the term "emotional disturbance" by 34 C.F.R. |
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| 33 | 33 | | Section 300.8(c)(4). |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2023. |
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