Texas 2023 - 88th Regular

Texas House Bill HB3233 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R8828 AMF-D
2	2	By: Garcia H.B. No. 3233
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to additional requirements for individualized education
8	8	programs developed for children with autism or other pervasive
9	9	developmental disorders.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 29.005, Education Code, is amended by
12	12	adding Subsection (e-1) to read as follows:
13	13	(e-1) For a child with autism or another pervasive
14	14	developmental disorder, the committee must consider for inclusion
15	15	in the child's individualized education program each strategy
16	16	identified under commissioner rule as appropriate for autism or
17	17	another pervasive developmental disorder and that is based on
18	18	peer-reviewed, research-based educational programming practices.
19	19	The committee shall determine whether each strategy considered is
20	20	appropriate and practicable to include in the child's
21	21	individualized education program. If the committee determines that
22	22	a strategy is not appropriate or practicable to include in the
23	23	child's individualized education program, the committee must
24	24	include a written statement to that effect and the basis for that
25	25	determination in the documentation for the child's individualized
26	26	education program.
27	27	SECTION 2. Subchapter A, Chapter 29, Education Code, is
28	28	amended by adding Section 29.0053 to read as follows:
29	29	Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS
30	30	WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. (a) Not
31	31	later than seven days before each meeting of an admission, review,
32	32	and dismissal committee for a child with autism or another
33	33	pervasive developmental disorder, a school district shall provide
34	34	to the parent of the child written information regarding each
35	35	strategy identified under commissioner rule as appropriate for
36	36	autism or another pervasive developmental disorder and that is
37	37	based on peer-reviewed, research-based educational programming
38	38	practices.
39	39	(b) At each meeting of an admission, review, and dismissal
40	40	committee for a child with autism or another pervasive
41	41	developmental disorder, the committee must consider each
42	42	educational strategy adopted by the commissioner under Section
43	43	29.005(e-1) and determine whether the strategy is appropriate and
44	44	practicable to include in the child's individualized education
45	45	program. If the committee determines to not include a strategy in
46	46	the child's program, the committee shall include instead a
47	47	statement to that effect and the basis on which the determination
48	48	was made.
49	49	(c) If the child's parent is unable to speak English, a
50	50	school district shall:
51	51	(1) provide the parent with a written or audiotaped
52	52	copy of the written information required under Subsection (a)
53	53	translated into Spanish if Spanish is the parent's native language;
54	54	or
55	55	(2) if the parent's native language is a language other
56	56	than Spanish, make a good faith effort to provide the parent with
57	57	the written information required under Subsection (a) translated
58	58	into the parent's native language.
59	59	SECTION 3. This Act applies beginning with the 2023-2024
60	60	school year.
61	61	SECTION 4. This Act takes effect immediately if it receives
62	62	a vote of two-thirds of all the members elected to each house, as
63	63	provided by Section 39, Article III, Texas Constitution. If this
64	64	Act does not receive the vote necessary for immediate effect, this
65	65	Act takes effect September 1, 2023.