Texas 2023 - 88th Regular

Texas House Bill HB950 Compare Versions

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11 88R2984 ANG-F
22 By: Dutton H.B. No. 950
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to a student's eligibility for special education services
88 provided by a school district, including services for dyslexia and
99 related disorders.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. This Act may be cited as the Beckley Wilson Act.
1212 SECTION 2. Section 7.028(a), Education Code, is amended to
1313 read as follows:
1414 (a) Except as provided by Section 21.006(k), 22.093(l),
1515 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), [38.003,] or
1616 39.003, the agency may monitor compliance with requirements
1717 applicable to a process or program provided by a school district,
1818 campus, program, or school granted charters under Chapter 12,
1919 including the process described by Subchapter F, Chapter 11, or a
2020 program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,
2121 or Subchapter A, Chapter 37, only as necessary to ensure:
2222 (1) compliance with federal law and regulations;
2323 (2) financial accountability, including compliance
2424 with grant requirements;
2525 (3) data integrity for purposes of:
2626 (A) the Public Education Information Management
2727 System (PEIMS); and
2828 (B) accountability under Chapters 39 and 39A; and
2929 (4) qualification for funding under Chapter 48.
3030 SECTION 3. Section 7.102(c)(28), Education Code, is amended
3131 to read as follows:
3232 (28) The board shall develop and update, as necessary,
3333 guidance information for school districts on evidence-based
3434 practices for intervention and instruction of students with
3535 [approve a program for testing students for] dyslexia and related
3636 disorders and incorporate in the information input from a
3737 broad-based dialogue with educators and experts in the field of
3838 reading and dyslexia and related disorders from across the state.
3939 The guidance information may not address:
4040 (A) the evaluation and identification of
4141 students with dyslexia or a related disorder; or
4242 (B) how intervention and instruction are to be
4343 accessed by a student [as provided by Section 38.003].
4444 SECTION 4. Section 11.252(a), Education Code, is amended to
4545 read as follows:
4646 (a) Each school district shall have a district improvement
4747 plan that is developed, evaluated, and revised annually, in
4848 accordance with district policy, by the superintendent with the
4949 assistance of the district-level committee established under
5050 Section 11.251. The purpose of the district improvement plan is to
5151 guide district and campus staff in the improvement of student
5252 performance for all student groups in order to attain state
5353 standards in respect to the achievement indicators adopted under
5454 Section 39.053(c). The district improvement plan must include
5555 provisions for:
5656 (1) a comprehensive needs assessment addressing
5757 district student performance on the achievement indicators, and
5858 other appropriate measures of performance, that are disaggregated
5959 by all student groups served by the district, including categories
6060 of ethnicity, socioeconomic status, sex, and populations served by
6161 special programs, including students in special education programs
6262 under Subchapter A, Chapter 29;
6363 (2) measurable district performance objectives for
6464 all appropriate achievement indicators for all student
6565 populations, including students in special education programs
6666 under Subchapter A, Chapter 29, and other measures of student
6767 performance that may be identified through the comprehensive needs
6868 assessment;
6969 (3) strategies for improvement of student performance
7070 that include:
7171 (A) instructional methods for addressing the
7272 needs of student groups not achieving their full potential;
7373 (B) evidence-based practices that address the
7474 needs of students for special programs, including:
7575 (i) suicide prevention programs, in
7676 accordance with Subchapter G, Chapter 38, which include a parental
7777 or guardian notification procedure;
7878 (ii) conflict resolution programs;
7979 (iii) violence prevention programs; and
8080 (iv) special education [dyslexia
8181 treatment] programs;
8282 (C) dropout reduction;
8383 (D) integration of technology in instructional
8484 and administrative programs;
8585 (E) positive behavior interventions and support,
8686 including interventions and support that integrate best practices
8787 on grief-informed and trauma-informed care;
8888 (F) staff development for professional staff of
8989 the district;
9090 (G) career education to assist students in
9191 developing the knowledge, skills, and competencies necessary for a
9292 broad range of career opportunities;
9393 (H) accelerated education; and
9494 (I) implementation of a comprehensive school
9595 counseling program under Section 33.005;
9696 (4) strategies for providing to elementary school,
9797 middle school, junior high school, and high school students, those
9898 students' teachers and school counselors, and those students'
9999 parents information about:
100100 (A) higher education admissions and financial
101101 aid opportunities, including state financial aid opportunities
102102 such as the TEXAS grant program and the Teach for Texas grant
103103 program established under Chapter 56;
104104 (B) the need for students to make informed
105105 curriculum choices to be prepared for success beyond high school;
106106 and
107107 (C) sources of information on higher education
108108 admissions and financial aid;
109109 (5) resources needed to implement identified
110110 strategies;
111111 (6) staff responsible for ensuring the accomplishment
112112 of each strategy;
113113 (7) timelines for ongoing monitoring of the
114114 implementation of each improvement strategy;
115115 (8) formative evaluation criteria for determining
116116 periodically whether strategies are resulting in intended
117117 improvement of student performance;
118118 (9) the policy under Section 38.0041 addressing sexual
119119 abuse and other maltreatment of children; and
120120 (10) the trauma-informed care policy required under
121121 Section 38.036.
122122 SECTION 5. Section 21.003, Education Code, is amended by
123123 adding Subsection (b-1) to read as follows:
124124 (b-1) A school district shall employ a person who may be a
125125 therapist, practitioner, specialist, or interventionist to provide
126126 services to students with dyslexia and related disorders. The
127127 person hired under this subsection is not required to hold a
128128 certificate or permit issued under Subchapter B in special
129129 education but must:
130130 (1) hold an appropriate license, including a license
131131 issued under Chapter 403, Occupations Code;
132132 (2) hold a certification issued by an appropriate
133133 association or have received training from an appropriate training
134134 provider, including an academic language practitioner or therapist
135135 certified by the Academic Language Therapy Association; or
136136 (3) if a person qualified under Subdivision (1) or (2)
137137 is not available, meet the applicable training requirements for the
138138 position adopted by the commissioner by rule.
139139 SECTION 6. Section 21.4552(b-1), Education Code, is amended
140140 to read as follows:
141141 (b-1) The completion of a literacy achievement academy
142142 under this section by an educator who teaches students with
143143 dyslexia satisfies:
144144 (1) the training requirement under Section 21.054(b);
145145 and
146146 (2) a training requirement adopted [by the State Board
147147 of Education] pursuant to Section 29.0031 [38.003] related to the
148148 screening or treatment of a student for dyslexia or a related
149149 disorder.
150150 SECTION 7. Section 28.006(g-2), Education Code, is amended
151151 to read as follows:
152152 (g-2) In accordance with a notification program developed
153153 by the commissioner by rule, a school district shall notify the
154154 parent or guardian of each student determined, on the basis of a
155155 screening under Section 29.0031 [38.003] or other basis, to be at
156156 risk for [have] dyslexia or a related disorder, or determined, on
157157 the basis of reading instrument results, to be at risk for dyslexia
158158 or other reading difficulties, of the program maintained by the
159159 Texas State Library and Archives Commission providing students with
160160 reading disabilities the ability to borrow audiobooks free of
161161 charge.
162162 SECTION 8. Section 29.001, Education Code, is amended to
163163 read as follows:
164164 Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and
165165 modify as necessary, a statewide design, consistent with federal
166166 law, for the delivery of services to children with disabilities in
167167 this state that includes rules for the administration and funding
168168 of the special education program so that a free appropriate public
169169 education is available to all of those children between the ages of
170170 three and 21. The statewide design shall include the provision of
171171 services primarily through school districts and shared services
172172 arrangements, supplemented by regional education service centers.
173173 The agency shall also develop and implement a statewide plan with
174174 programmatic content that includes procedures designed to:
175175 (1) ensure state compliance with requirements for
176176 supplemental federal funding for all state-administered programs
177177 involving the delivery of instructional or related services to
178178 students with disabilities;
179179 (2) facilitate interagency coordination when other
180180 state agencies are involved in the delivery of instructional or
181181 related services to students with disabilities;
182182 (3) periodically assess statewide personnel needs in
183183 all areas of specialization related to special education and pursue
184184 strategies to meet those needs through a consortium of
185185 representatives from regional education service centers, local
186186 education agencies, and institutions of higher education and
187187 through other available alternatives;
188188 (4) ensure that regional education service centers
189189 throughout the state maintain a regional support function, which
190190 may include direct service delivery and a component designed to
191191 facilitate the placement of students with disabilities who cannot
192192 be appropriately served in their resident districts;
193193 (5) allow the agency to effectively monitor and
194194 periodically conduct site visits of all school districts to ensure
195195 that rules adopted under this section and Section 29.0031 are
196196 applied in a consistent and uniform manner, to ensure that
197197 districts are complying with those rules, and to ensure that annual
198198 statistical reports filed by the districts and not otherwise
199199 available through the Public Education Information Management
200200 System under Sections 48.008 and 48.009 are accurate and complete;
201201 (6) ensure that appropriately trained personnel are
202202 involved in the diagnostic and evaluative procedures operating in
203203 all districts and that those personnel routinely serve on district
204204 admissions, review, and dismissal committees;
205205 (7) ensure that an individualized education program
206206 for each student with a disability is properly developed,
207207 implemented, and maintained in the least restrictive environment
208208 that is appropriate to meet the student's educational needs;
209209 (8) ensure that, when appropriate, each student with a
210210 disability is provided an opportunity to participate in career and
211211 technology and physical education classes, in addition to
212212 participating in regular or special classes;
213213 (9) ensure that each student with a disability is
214214 provided necessary related services;
215215 (10) ensure that an individual assigned to act as a
216216 surrogate parent for a child with a disability, as provided by 20
217217 U.S.C. Section 1415(b), is required to:
218218 (A) complete a training program that complies
219219 with minimum standards established by agency rule;
220220 (B) visit the child and the child's school;
221221 (C) consult with persons involved in the child's
222222 education, including teachers, caseworkers, court-appointed
223223 volunteers, guardians ad litem, attorneys ad litem, foster parents,
224224 and caretakers;
225225 (D) review the child's educational records;
226226 (E) attend meetings of the child's admission,
227227 review, and dismissal committee;
228228 (F) exercise independent judgment in pursuing
229229 the child's interests; and
230230 (G) exercise the child's due process rights under
231231 applicable state and federal law; [and]
232232 (11) ensure that each district develops a process to
233233 be used by a teacher who instructs a student with a disability in a
234234 regular classroom setting:
235235 (A) to request a review of the student's
236236 individualized education program;
237237 (B) to provide input in the development of the
238238 student's individualized education program;
239239 (C) that provides for a timely district response
240240 to the teacher's request; and
241241 (D) that provides for notification to the
242242 student's parent or legal guardian of that response;
243243 (12) ensure the integration of technology to
244244 accommodate students with dyslexia and related disorders; and
245245 (13) ensure that training opportunities, including
246246 continuing education that satisfies the requirements of Section
247247 21.054(b):
248248 (A) are accessible to school districts by
249249 developing a list of training opportunities regarding dyslexia and
250250 related disorders that comply with the knowledge and practice
251251 standards of an international organization on dyslexia; and
252252 (B) assist an educator or dyslexia service
253253 provider in understanding and recognizing dyslexia and providing
254254 multisensory, structured instruction that is systematic, explicit,
255255 and evidence-based to meet the educational needs of students with
256256 dyslexia or a related disorder.
257257 SECTION 9. Section 29.002, Education Code, is amended to
258258 read as follows:
259259 Sec. 29.002. DEFINITIONS [DEFINITION]. In this
260260 subchapter[, "special services" means]:
261261 (1) "Special [special] education" means specially
262262 designed instruction that is provided at no cost to the parent or
263263 person standing in parental relation to meet the unique needs of a
264264 student with a disability.[, which may be provided by professional
265265 and supported by paraprofessional personnel in the regular
266266 classroom or in an instructional arrangement described by Section
267267 48.102; and]
268268 (2) "Student with a disability" means a student
269269 evaluated in accordance with Section 29.004 and the Individuals
270270 with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) as
271271 having:
272272 (A) an intellectual disability, a hearing
273273 impairment including deafness, a visual impairment including
274274 blindness, a serious emotional disturbance, an orthopedic
275275 impairment, autism, a traumatic brain injury, a speech or language
276276 impairment, deaf-blindness, multiple disabilities, any other
277277 health impairment, or a specific learning disability and who, as a
278278 result of the disability, needs special education;
279279 (B) noncategorical early childhood developmental
280280 delays that prevent the student from being adequately or safely
281281 educated in a public school without receiving special education; or
282282 (C) dyslexia or a related disorder and who, as a
283283 result of the dyslexia or the related disorder, needs special
284284 education [related services, which are developmental, corrective,
285285 supportive, or evaluative services, not instructional in nature,
286286 that may be required for the student to benefit from special
287287 education instruction and for implementation of a student's
288288 individualized education program].
289289 SECTION 10. Section 29.003(b), Education Code, is amended
290290 to read as follows:
291291 (b) A student is eligible to participate in a school
292292 district's special education program if the student:
293293 (1) is not more than 21 years of age and is identified
294294 as a student with [and has] a visual or hearing [auditory]
295295 impairment [that prevents the student from being adequately or
296296 safely educated in public school without the provision of special
297297 services]; [or]
298298 (2) is at least three years of age but not more than 21
299299 years of age and has been identified as a student with a disability
300300 other than a visual or hearing impairment; [and has one] or
301301 (3) is at least three years of age but not more than
302302 five years of age and the [following disabilities that prevents
303303 the] student is a student evaluated as having noncategorical early
304304 childhood developmental delays as described by Section
305305 29.002(2)(B) [from being adequately or safely educated in public
306306 school without the provision of special services:
307307 [(A) physical disability;
308308 [(B) intellectual or developmental disability;
309309 [(C) emotional disturbance;
310310 [(D) learning disability;
311311 [(E) autism;
312312 [(F) speech disability; or
313313 [(G) traumatic brain injury].
314314 SECTION 11. Subchapter A, Chapter 29, Education Code, is
315315 amended by adding Section 29.0031 to read as follows:
316316 Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school
317317 district shall:
318318 (1) screen students for dyslexia and related
319319 disorders;
320320 (2) notify the parent of or person standing in
321321 parental relation to each student who is determined to be at risk
322322 for dyslexia or a related disorder that the student is at risk; and
323323 (3) make a good faith effort to ensure that the notice
324324 provided under Subdivision (2):
325325 (A) is clear and easy to understand;
326326 (B) is in the recipient's native language; and
327327 (C) includes information about the student's
328328 data and measurements that led to the determination that the
329329 student is at risk for dyslexia or a related disorder.
330330 (b) On determining that a student is at risk for dyslexia or
331331 a related disorder, the school district shall implement a
332332 multisensory, structured reading instruction program as an
333333 intervention as part of the district's multitiered systems of
334334 support under Section 26.0081 that, to the extent possible,
335335 incorporates training provided to teachers under Section 21.4552.
336336 The district shall determine the form, content, and timing of a
337337 program provided under this subsection, subject to requirements for
338338 the program established by the commissioner by rule. The program
339339 adopted under this subsection may not be used to delay an evaluation
340340 for special education services under Section 29.004.
341341 (c) Only a person who meets the qualifications for
342342 employment by a school district to provide services to students
343343 with dyslexia and related disorders under Section 21.003(b-1) may
344344 perform screenings for dyslexia and related disorders and implement
345345 reading instruction programs as required by this section.
346346 (d) The commissioner shall adopt rules as necessary to
347347 implement this section. The rules must:
348348 (1) require a universal screening for each student for
349349 dyslexia and related disorders:
350350 (A) at the end of the school year in
351351 kindergarten; and
352352 (B) before the end of the school year in first
353353 grade;
354354 (2) establish, in coordination with experts and
355355 educators in the field of reading and dyslexia and related
356356 disorders from across the state, the screening requirements under
357357 Subsection (a);
358358 (3) establish the requirements for reading
359359 instruction programs provided under Subsection (b); and
360360 (4) establish the personnel required to deliver
361361 dyslexia intervention in accordance with Section 21.003(b-1).
362362 SECTION 12. Section 30.001(b), Education Code, is amended
363363 to read as follows:
364364 (b) The commissioner, with the approval of the State Board
365365 of Education, shall develop and implement a plan for the
366366 coordination of services to children with disabilities in each
367367 region served by a regional education service center. The plan must
368368 include procedures for:
369369 (1) identifying existing public or private
370370 educational and related services for children with disabilities in
371371 each region;
372372 (2) identifying and referring children with
373373 disabilities who cannot be appropriately served by the school
374374 district in which they reside to other appropriate programs;
375375 (3) assisting school districts to individually or
376376 cooperatively develop programs to identify and provide appropriate
377377 services for children with disabilities;
378378 (4) expanding and coordinating services provided by
379379 regional education service centers for children with disabilities;
380380 [and]
381381 (5) providing for special education [services],
382382 including special seats, books, instructional media, and other
383383 supplemental supplies and services required for proper
384384 instruction; and
385385 (6) ensuring services provided for students with
386386 dyslexia and related disorders align with guidance on
387387 evidence-based practices developed by the State Board of Education
388388 under Section 7.102(c)(28).
389389 SECTION 13. Section 30.002(g), Education Code, is amended
390390 to read as follows:
391391 (g) To facilitate implementation of this section, the
392392 commissioner shall develop a system to distribute from the
393393 foundation school fund to school districts or regional education
394394 service centers a special supplemental allowance for each student
395395 with a visual impairment and for each student with a serious visual
396396 disability and another medically diagnosed disability of a
397397 significantly limiting nature who is receiving special education
398398 services through any approved program. The supplemental allowance
399399 may be spent only for special education [services] uniquely
400400 required by the nature of the student's disabilities and may not be
401401 used in lieu of educational funds otherwise available under this
402402 code or through state or local appropriations.
403403 SECTION 14. Section 37.146(a), Education Code, is amended
404404 to read as follows:
405405 (a) A complaint alleging the commission of a school offense
406406 must, in addition to the requirements imposed by Article 45.019,
407407 Code of Criminal Procedure:
408408 (1) be sworn to by a person who has personal knowledge
409409 of the underlying facts giving rise to probable cause to believe
410410 that an offense has been committed; and
411411 (2) be accompanied by a statement from a school
412412 employee stating:
413413 (A) whether the child is eligible for or receives
414414 special education [services] under Subchapter A, Chapter 29; and
415415 (B) the graduated sanctions, if required under
416416 Section 37.144, that were imposed on the child before the complaint
417417 was filed.
418418 SECTION 15. Section 48.103, Education Code, is amended by
419419 amending Subsections (b) and (c) and adding Subsection (c-1) to
420420 read as follows:
421421 (b) A school district is entitled to an allotment under
422422 Subsection (a) only for a student who:
423423 (1) is receiving services for dyslexia or a related
424424 disorder in accordance with:
425425 (A) an individualized education program
426426 developed for the student under Section 29.005; or
427427 (B) a plan developed for the student under
428428 Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794);
429429 (2) is receiving instruction that:
430430 (A) meets applicable dyslexia intervention
431431 components [program criteria] established by the State Board of
432432 Education or agency; and
433433 (B) is provided by a person with specific
434434 training in providing that instruction; or
435435 (3) is permitted, on the basis of having dyslexia or a
436436 related disorder, to use modifications in the classroom or
437437 accommodations in the administration of assessment instruments
438438 under Section 39.023.
439439 (c) A school district shall:
440440 (1) [may] receive funding for a student under this
441441 section and Section 48.102 if the student satisfies the
442442 requirements of both sections;
443443 (2) allocate money received under Subdivision (1) to
444444 the district's special education budget; and
445445 (3) prioritize the use of money received under
446446 Subdivision (1) for the employment and retention of district
447447 employees who are specially trained to evaluate, identify, and
448448 provide services for dyslexia and related disorders, including a
449449 person described by Section 21.003(b-1).
450450 (c-1) A school district may only use funding received under
451451 this section to supplement the district's special education budget
452452 and not to offset or deduct from the district's special education
453453 budget.
454454 SECTION 16. (a) A joint interim committee is established to
455455 study methods for screening and testing students for dyslexia and
456456 related disorders and the appropriate instruction for students with
457457 dyslexia and related disorders.
458458 (b) The committee shall assess:
459459 (1) the method and efficiency with which programs for
460460 dyslexia and related disorders are delivered to students;
461461 (2) whether the screening process for dyslexia and
462462 related disorders used by school districts correctly identifies
463463 students with dyslexia or a related disorder and provides the
464464 intervention and curriculum necessary for those students;
465465 (3) whether the implementation of recommended
466466 methodologies for students with dyslexia or a related disorder in
467467 the elementary grades is successful and appropriate;
468468 (4) methods to properly enforce and provide oversight
469469 of programs for dyslexia and related disorders;
470470 (5) parental rights related to screening and programs
471471 for dyslexia and related disorders;
472472 (6) methods to ensure federal funds received to
473473 support special education instruction for students with dyslexia
474474 and related disorders are used to provide students with the best
475475 evidence-based multisensory systematic language therapy
476476 intervention available; and
477477 (7) the effectiveness of educator incentives for
478478 programs for dyslexia and related disorders.
479479 (c) The committee consists of the following eight members:
480480 (1) four members of the house of representatives
481481 appointed by the speaker of the house of representatives; and
482482 (2) four members of the senate appointed by the
483483 lieutenant governor.
484484 (d) The speaker of the house of representatives and the
485485 lieutenant governor shall each designate a co-chair from among the
486486 committee members.
487487 (e) The joint interim committee has all other powers and
488488 duties provided to a special or select committee by the rules of the
489489 senate and house of representatives by Subchapter B, Chapter 301,
490490 Government Code, and by policies of the senate and house committees
491491 on administration.
492492 (f) Not later than December 1, 2024, the joint interim
493493 committee shall report the committee's findings and
494494 recommendations to the governor and the members of the legislature.
495495 (g) The joint interim committee established under this
496496 section is abolished and this section expires December 10, 2024.
497497 SECTION 17. The following provisions of the Education Code
498498 are repealed:
499499 (1) Section 38.003;
500500 (2) Section 38.0031; and
501501 (3) Section 38.0032.
502502 SECTION 18. (a) This Act applies beginning with the
503503 2024-2025 school year.
504504 (b) As soon as practicable after the effective date of this
505505 Act, the commissioner of education shall adopt rules necessary to
506506 implement this Act using a negotiated rulemaking process under
507507 Chapter 2008, Government Code.
508508 (c) As soon as practicable after the effective date of this
509509 Act, each school district shall notify the parent or person
510510 standing in parental relation to a student who has been identified
511511 as having dyslexia or a related disorder and who received dyslexia
512512 intervention and instructional support in accordance with Section
513513 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the
514514 2023-2024 school year of the parent's or person's rights to have the
515515 student continue that support and to request a full individual
516516 evaluation under Section 29.004, Education Code. The commissioner
517517 of education shall develop and make available a model notice that a
518518 school district shall use to provide the notice required by this
519519 subsection.
520520 (d) Not later than September 1, 2024, the Texas Education
521521 Agency shall provide informal guidance to school districts on the
522522 evaluation and identification of students with dyslexia or a
523523 related disorder in accordance with this Act.
524524 SECTION 19. This Act takes effect September 1, 2023.