88R8828 AMF-D
By: Garcia H.B. No. 3233
A BILL TO BE ENTITLED
AN ACT
relating to additional requirements for individualized education
programs developed for children with autism or other pervasive
developmental disorders.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.005, Education Code, is amended by
adding Subsection (e-1) to read as follows:
(e-1) For a child with autism or another pervasive
developmental disorder, the committee must consider for inclusion
in the child's individualized education program each strategy
identified under commissioner rule as appropriate for autism or
another pervasive developmental disorder and that is based on
peer-reviewed, research-based educational programming practices.
The committee shall determine whether each strategy considered is
appropriate and practicable to include in the child's
individualized education program. If the committee determines that
a strategy is not appropriate or practicable to include in the
child's individualized education program, the committee must
include a written statement to that effect and the basis for that
determination in the documentation for the child's individualized
education program.
SECTION 2. Subchapter A, Chapter 29, Education Code, is
amended by adding Section 29.0053 to read as follows:
Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS
WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. (a) Not
later than seven days before each meeting of an admission, review,
and dismissal committee for a child with autism or another
pervasive developmental disorder, a school district shall provide
to the parent of the child written information regarding each
strategy identified under commissioner rule as appropriate for
autism or another pervasive developmental disorder and that is
based on peer-reviewed, research-based educational programming
practices.
(b) At each meeting of an admission, review, and dismissal
committee for a child with autism or another pervasive
developmental disorder, the committee must consider each
educational strategy adopted by the commissioner under Section
29.005(e-1) and determine whether the strategy is appropriate and
practicable to include in the child's individualized education
program. If the committee determines to not include a strategy in
the child's program, the committee shall include instead a
statement to that effect and the basis on which the determination
was made.
(c) If the child's parent is unable to speak English, a
school district shall:
(1) provide the parent with a written or audiotaped
copy of the written information required under Subsection (a)
translated into Spanish if Spanish is the parent's native language;
or
(2) if the parent's native language is a language other
than Spanish, make a good faith effort to provide the parent with
the written information required under Subsection (a) translated
into the parent's native language.
SECTION 3. This Act applies beginning with the 2023-2024
school year.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.