1 | 1 | | 88R2984 ANG-F |
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2 | 2 | | By: Dutton H.B. No. 950 |
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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 a student's eligibility for special education services |
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8 | 8 | | provided by a school district, including services for dyslexia and |
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9 | 9 | | related disorders. |
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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. This Act may be cited as the Beckley Wilson Act. |
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12 | 12 | | SECTION 2. Section 7.028(a), Education Code, is amended to |
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13 | 13 | | read as follows: |
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14 | 14 | | (a) Except as provided by Section 21.006(k), 22.093(l), |
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15 | 15 | | 22.096, 28.006, 29.001(5), 29.010(a), 33.006(h), [38.003,] or |
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16 | 16 | | 39.003, the agency may monitor compliance with requirements |
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17 | 17 | | applicable to a process or program provided by a school district, |
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18 | 18 | | campus, program, or school granted charters under Chapter 12, |
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19 | 19 | | including the process described by Subchapter F, Chapter 11, or a |
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20 | 20 | | program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, |
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21 | 21 | | or Subchapter A, Chapter 37, only as necessary to ensure: |
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22 | 22 | | (1) compliance with federal law and regulations; |
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23 | 23 | | (2) financial accountability, including compliance |
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24 | 24 | | with grant requirements; |
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25 | 25 | | (3) data integrity for purposes of: |
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26 | 26 | | (A) the Public Education Information Management |
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27 | 27 | | System (PEIMS); and |
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28 | 28 | | (B) accountability under Chapters 39 and 39A; and |
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29 | 29 | | (4) qualification for funding under Chapter 48. |
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30 | 30 | | SECTION 3. Section 7.102(c)(28), Education Code, is amended |
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31 | 31 | | to read as follows: |
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32 | 32 | | (28) The board shall develop and update, as necessary, |
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33 | 33 | | guidance information for school districts on evidence-based |
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34 | 34 | | practices for intervention and instruction of students with |
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35 | 35 | | [approve a program for testing students for] dyslexia and related |
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36 | 36 | | disorders and incorporate in the information input from a |
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37 | 37 | | broad-based dialogue with educators and experts in the field of |
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38 | 38 | | reading and dyslexia and related disorders from across the state. |
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39 | 39 | | The guidance information may not address: |
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40 | 40 | | (A) the evaluation and identification of |
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41 | 41 | | students with dyslexia or a related disorder; or |
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42 | 42 | | (B) how intervention and instruction are to be |
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43 | 43 | | accessed by a student [as provided by Section 38.003]. |
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44 | 44 | | SECTION 4. Section 11.252(a), Education Code, is amended to |
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45 | 45 | | read as follows: |
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46 | 46 | | (a) Each school district shall have a district improvement |
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47 | 47 | | plan that is developed, evaluated, and revised annually, in |
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48 | 48 | | accordance with district policy, by the superintendent with the |
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49 | 49 | | assistance of the district-level committee established under |
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50 | 50 | | Section 11.251. The purpose of the district improvement plan is to |
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51 | 51 | | guide district and campus staff in the improvement of student |
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52 | 52 | | performance for all student groups in order to attain state |
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53 | 53 | | standards in respect to the achievement indicators adopted under |
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54 | 54 | | Section 39.053(c). The district improvement plan must include |
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55 | 55 | | provisions for: |
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56 | 56 | | (1) a comprehensive needs assessment addressing |
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57 | 57 | | district student performance on the achievement indicators, and |
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58 | 58 | | other appropriate measures of performance, that are disaggregated |
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59 | 59 | | by all student groups served by the district, including categories |
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60 | 60 | | of ethnicity, socioeconomic status, sex, and populations served by |
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61 | 61 | | special programs, including students in special education programs |
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62 | 62 | | under Subchapter A, Chapter 29; |
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63 | 63 | | (2) measurable district performance objectives for |
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64 | 64 | | all appropriate achievement indicators for all student |
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65 | 65 | | populations, including students in special education programs |
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66 | 66 | | under Subchapter A, Chapter 29, and other measures of student |
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67 | 67 | | performance that may be identified through the comprehensive needs |
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68 | 68 | | assessment; |
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69 | 69 | | (3) strategies for improvement of student performance |
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70 | 70 | | that include: |
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71 | 71 | | (A) instructional methods for addressing the |
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72 | 72 | | needs of student groups not achieving their full potential; |
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73 | 73 | | (B) evidence-based practices that address the |
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74 | 74 | | needs of students for special programs, including: |
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75 | 75 | | (i) suicide prevention programs, in |
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76 | 76 | | accordance with Subchapter G, Chapter 38, which include a parental |
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77 | 77 | | or guardian notification procedure; |
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78 | 78 | | (ii) conflict resolution programs; |
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79 | 79 | | (iii) violence prevention programs; and |
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80 | 80 | | (iv) special education [dyslexia |
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81 | 81 | | treatment] programs; |
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82 | 82 | | (C) dropout reduction; |
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83 | 83 | | (D) integration of technology in instructional |
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84 | 84 | | and administrative programs; |
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85 | 85 | | (E) positive behavior interventions and support, |
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86 | 86 | | including interventions and support that integrate best practices |
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87 | 87 | | on grief-informed and trauma-informed care; |
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88 | 88 | | (F) staff development for professional staff of |
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89 | 89 | | the district; |
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90 | 90 | | (G) career education to assist students in |
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91 | 91 | | developing the knowledge, skills, and competencies necessary for a |
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92 | 92 | | broad range of career opportunities; |
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93 | 93 | | (H) accelerated education; and |
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94 | 94 | | (I) implementation of a comprehensive school |
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95 | 95 | | counseling program under Section 33.005; |
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96 | 96 | | (4) strategies for providing to elementary school, |
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97 | 97 | | middle school, junior high school, and high school students, those |
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98 | 98 | | students' teachers and school counselors, and those students' |
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99 | 99 | | parents information about: |
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100 | 100 | | (A) higher education admissions and financial |
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101 | 101 | | aid opportunities, including state financial aid opportunities |
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102 | 102 | | such as the TEXAS grant program and the Teach for Texas grant |
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103 | 103 | | program established under Chapter 56; |
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104 | 104 | | (B) the need for students to make informed |
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105 | 105 | | curriculum choices to be prepared for success beyond high school; |
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106 | 106 | | and |
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107 | 107 | | (C) sources of information on higher education |
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108 | 108 | | admissions and financial aid; |
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109 | 109 | | (5) resources needed to implement identified |
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110 | 110 | | strategies; |
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111 | 111 | | (6) staff responsible for ensuring the accomplishment |
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112 | 112 | | of each strategy; |
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113 | 113 | | (7) timelines for ongoing monitoring of the |
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114 | 114 | | implementation of each improvement strategy; |
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115 | 115 | | (8) formative evaluation criteria for determining |
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116 | 116 | | periodically whether strategies are resulting in intended |
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117 | 117 | | improvement of student performance; |
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118 | 118 | | (9) the policy under Section 38.0041 addressing sexual |
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119 | 119 | | abuse and other maltreatment of children; and |
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120 | 120 | | (10) the trauma-informed care policy required under |
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121 | 121 | | Section 38.036. |
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122 | 122 | | SECTION 5. Section 21.003, Education Code, is amended by |
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123 | 123 | | adding Subsection (b-1) to read as follows: |
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124 | 124 | | (b-1) A school district shall employ a person who may be a |
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125 | 125 | | therapist, practitioner, specialist, or interventionist to provide |
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126 | 126 | | services to students with dyslexia and related disorders. The |
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127 | 127 | | person hired under this subsection is not required to hold a |
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128 | 128 | | certificate or permit issued under Subchapter B in special |
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129 | 129 | | education but must: |
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130 | 130 | | (1) hold an appropriate license, including a license |
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131 | 131 | | issued under Chapter 403, Occupations Code; |
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132 | 132 | | (2) hold a certification issued by an appropriate |
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133 | 133 | | association or have received training from an appropriate training |
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134 | 134 | | provider, including an academic language practitioner or therapist |
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135 | 135 | | certified by the Academic Language Therapy Association; or |
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136 | 136 | | (3) if a person qualified under Subdivision (1) or (2) |
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137 | 137 | | is not available, meet the applicable training requirements for the |
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138 | 138 | | position adopted by the commissioner by rule. |
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139 | 139 | | SECTION 6. Section 21.4552(b-1), Education Code, is amended |
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140 | 140 | | to read as follows: |
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141 | 141 | | (b-1) The completion of a literacy achievement academy |
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142 | 142 | | under this section by an educator who teaches students with |
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143 | 143 | | dyslexia satisfies: |
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144 | 144 | | (1) the training requirement under Section 21.054(b); |
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145 | 145 | | and |
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146 | 146 | | (2) a training requirement adopted [by the State Board |
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147 | 147 | | of Education] pursuant to Section 29.0031 [38.003] related to the |
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148 | 148 | | screening or treatment of a student for dyslexia or a related |
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149 | 149 | | disorder. |
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150 | 150 | | SECTION 7. Section 28.006(g-2), Education Code, is amended |
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151 | 151 | | to read as follows: |
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152 | 152 | | (g-2) In accordance with a notification program developed |
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153 | 153 | | by the commissioner by rule, a school district shall notify the |
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154 | 154 | | parent or guardian of each student determined, on the basis of a |
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155 | 155 | | screening under Section 29.0031 [38.003] or other basis, to be at |
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156 | 156 | | risk for [have] dyslexia or a related disorder, or determined, on |
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157 | 157 | | the basis of reading instrument results, to be at risk for dyslexia |
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158 | 158 | | or other reading difficulties, of the program maintained by the |
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159 | 159 | | Texas State Library and Archives Commission providing students with |
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160 | 160 | | reading disabilities the ability to borrow audiobooks free of |
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161 | 161 | | charge. |
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162 | 162 | | SECTION 8. Section 29.001, Education Code, is amended to |
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163 | 163 | | read as follows: |
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164 | 164 | | Sec. 29.001. STATEWIDE PLAN. The agency shall develop, and |
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165 | 165 | | modify as necessary, a statewide design, consistent with federal |
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166 | 166 | | law, for the delivery of services to children with disabilities in |
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167 | 167 | | this state that includes rules for the administration and funding |
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168 | 168 | | of the special education program so that a free appropriate public |
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169 | 169 | | education is available to all of those children between the ages of |
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170 | 170 | | three and 21. The statewide design shall include the provision of |
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171 | 171 | | services primarily through school districts and shared services |
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172 | 172 | | arrangements, supplemented by regional education service centers. |
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173 | 173 | | The agency shall also develop and implement a statewide plan with |
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174 | 174 | | programmatic content that includes procedures designed to: |
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175 | 175 | | (1) ensure state compliance with requirements for |
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176 | 176 | | supplemental federal funding for all state-administered programs |
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177 | 177 | | involving the delivery of instructional or related services to |
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178 | 178 | | students with disabilities; |
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179 | 179 | | (2) facilitate interagency coordination when other |
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180 | 180 | | state agencies are involved in the delivery of instructional or |
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181 | 181 | | related services to students with disabilities; |
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182 | 182 | | (3) periodically assess statewide personnel needs in |
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183 | 183 | | all areas of specialization related to special education and pursue |
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184 | 184 | | strategies to meet those needs through a consortium of |
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185 | 185 | | representatives from regional education service centers, local |
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186 | 186 | | education agencies, and institutions of higher education and |
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187 | 187 | | through other available alternatives; |
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188 | 188 | | (4) ensure that regional education service centers |
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189 | 189 | | throughout the state maintain a regional support function, which |
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190 | 190 | | may include direct service delivery and a component designed to |
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191 | 191 | | facilitate the placement of students with disabilities who cannot |
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192 | 192 | | be appropriately served in their resident districts; |
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193 | 193 | | (5) allow the agency to effectively monitor and |
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194 | 194 | | periodically conduct site visits of all school districts to ensure |
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195 | 195 | | that rules adopted under this section and Section 29.0031 are |
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196 | 196 | | applied in a consistent and uniform manner, to ensure that |
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197 | 197 | | districts are complying with those rules, and to ensure that annual |
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198 | 198 | | statistical reports filed by the districts and not otherwise |
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199 | 199 | | available through the Public Education Information Management |
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200 | 200 | | System under Sections 48.008 and 48.009 are accurate and complete; |
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201 | 201 | | (6) ensure that appropriately trained personnel are |
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202 | 202 | | involved in the diagnostic and evaluative procedures operating in |
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203 | 203 | | all districts and that those personnel routinely serve on district |
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204 | 204 | | admissions, review, and dismissal committees; |
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205 | 205 | | (7) ensure that an individualized education program |
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206 | 206 | | for each student with a disability is properly developed, |
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207 | 207 | | implemented, and maintained in the least restrictive environment |
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208 | 208 | | that is appropriate to meet the student's educational needs; |
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209 | 209 | | (8) ensure that, when appropriate, each student with a |
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210 | 210 | | disability is provided an opportunity to participate in career and |
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211 | 211 | | technology and physical education classes, in addition to |
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212 | 212 | | participating in regular or special classes; |
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213 | 213 | | (9) ensure that each student with a disability is |
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214 | 214 | | provided necessary related services; |
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215 | 215 | | (10) ensure that an individual assigned to act as a |
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216 | 216 | | surrogate parent for a child with a disability, as provided by 20 |
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217 | 217 | | U.S.C. Section 1415(b), is required to: |
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218 | 218 | | (A) complete a training program that complies |
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219 | 219 | | with minimum standards established by agency rule; |
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220 | 220 | | (B) visit the child and the child's school; |
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221 | 221 | | (C) consult with persons involved in the child's |
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222 | 222 | | education, including teachers, caseworkers, court-appointed |
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223 | 223 | | volunteers, guardians ad litem, attorneys ad litem, foster parents, |
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224 | 224 | | and caretakers; |
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225 | 225 | | (D) review the child's educational records; |
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226 | 226 | | (E) attend meetings of the child's admission, |
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227 | 227 | | review, and dismissal committee; |
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228 | 228 | | (F) exercise independent judgment in pursuing |
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229 | 229 | | the child's interests; and |
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230 | 230 | | (G) exercise the child's due process rights under |
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231 | 231 | | applicable state and federal law; [and] |
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232 | 232 | | (11) ensure that each district develops a process to |
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233 | 233 | | be used by a teacher who instructs a student with a disability in a |
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234 | 234 | | regular classroom setting: |
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235 | 235 | | (A) to request a review of the student's |
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236 | 236 | | individualized education program; |
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237 | 237 | | (B) to provide input in the development of the |
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238 | 238 | | student's individualized education program; |
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239 | 239 | | (C) that provides for a timely district response |
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240 | 240 | | to the teacher's request; and |
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241 | 241 | | (D) that provides for notification to the |
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242 | 242 | | student's parent or legal guardian of that response; |
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243 | 243 | | (12) ensure the integration of technology to |
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244 | 244 | | accommodate students with dyslexia and related disorders; and |
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245 | 245 | | (13) ensure that training opportunities, including |
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246 | 246 | | continuing education that satisfies the requirements of Section |
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247 | 247 | | 21.054(b): |
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248 | 248 | | (A) are accessible to school districts by |
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249 | 249 | | developing a list of training opportunities regarding dyslexia and |
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250 | 250 | | related disorders that comply with the knowledge and practice |
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251 | 251 | | standards of an international organization on dyslexia; and |
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252 | 252 | | (B) assist an educator or dyslexia service |
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253 | 253 | | provider in understanding and recognizing dyslexia and providing |
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254 | 254 | | multisensory, structured instruction that is systematic, explicit, |
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255 | 255 | | and evidence-based to meet the educational needs of students with |
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256 | 256 | | dyslexia or a related disorder. |
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257 | 257 | | SECTION 9. Section 29.002, Education Code, is amended to |
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258 | 258 | | read as follows: |
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259 | 259 | | Sec. 29.002. DEFINITIONS [DEFINITION]. In this |
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260 | 260 | | subchapter[, "special services" means]: |
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261 | 261 | | (1) "Special [special] education" means specially |
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262 | 262 | | designed instruction that is provided at no cost to the parent or |
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263 | 263 | | person standing in parental relation to meet the unique needs of a |
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264 | 264 | | student with a disability.[, which may be provided by professional |
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265 | 265 | | and supported by paraprofessional personnel in the regular |
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266 | 266 | | classroom or in an instructional arrangement described by Section |
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267 | 267 | | 48.102; and] |
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268 | 268 | | (2) "Student with a disability" means a student |
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269 | 269 | | evaluated in accordance with Section 29.004 and the Individuals |
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270 | 270 | | with Disabilities Education Act (20 U.S.C. Section 1400 et seq.) as |
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271 | 271 | | having: |
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272 | 272 | | (A) an intellectual disability, a hearing |
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273 | 273 | | impairment including deafness, a visual impairment including |
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274 | 274 | | blindness, a serious emotional disturbance, an orthopedic |
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275 | 275 | | impairment, autism, a traumatic brain injury, a speech or language |
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276 | 276 | | impairment, deaf-blindness, multiple disabilities, any other |
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277 | 277 | | health impairment, or a specific learning disability and who, as a |
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278 | 278 | | result of the disability, needs special education; |
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279 | 279 | | (B) noncategorical early childhood developmental |
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280 | 280 | | delays that prevent the student from being adequately or safely |
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281 | 281 | | educated in a public school without receiving special education; or |
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282 | 282 | | (C) dyslexia or a related disorder and who, as a |
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283 | 283 | | result of the dyslexia or the related disorder, needs special |
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284 | 284 | | education [related services, which are developmental, corrective, |
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285 | 285 | | supportive, or evaluative services, not instructional in nature, |
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286 | 286 | | that may be required for the student to benefit from special |
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287 | 287 | | education instruction and for implementation of a student's |
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288 | 288 | | individualized education program]. |
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289 | 289 | | SECTION 10. Section 29.003(b), Education Code, is amended |
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290 | 290 | | to read as follows: |
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291 | 291 | | (b) A student is eligible to participate in a school |
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292 | 292 | | district's special education program if the student: |
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293 | 293 | | (1) is not more than 21 years of age and is identified |
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294 | 294 | | as a student with [and has] a visual or hearing [auditory] |
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295 | 295 | | impairment [that prevents the student from being adequately or |
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296 | 296 | | safely educated in public school without the provision of special |
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297 | 297 | | services]; [or] |
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298 | 298 | | (2) is at least three years of age but not more than 21 |
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299 | 299 | | years of age and has been identified as a student with a disability |
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300 | 300 | | other than a visual or hearing impairment; [and has one] or |
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301 | 301 | | (3) is at least three years of age but not more than |
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302 | 302 | | five years of age and the [following disabilities that prevents |
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303 | 303 | | the] student is a student evaluated as having noncategorical early |
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304 | 304 | | childhood developmental delays as described by Section |
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305 | 305 | | 29.002(2)(B) [from being adequately or safely educated in public |
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306 | 306 | | school without the provision of special services: |
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307 | 307 | | [(A) physical disability; |
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308 | 308 | | [(B) intellectual or developmental disability; |
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309 | 309 | | [(C) emotional disturbance; |
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310 | 310 | | [(D) learning disability; |
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311 | 311 | | [(E) autism; |
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312 | 312 | | [(F) speech disability; or |
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313 | 313 | | [(G) traumatic brain injury]. |
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314 | 314 | | SECTION 11. Subchapter A, Chapter 29, Education Code, is |
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315 | 315 | | amended by adding Section 29.0031 to read as follows: |
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316 | 316 | | Sec. 29.0031. DYSLEXIA AND RELATED DISORDERS. (a) A school |
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317 | 317 | | district shall: |
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318 | 318 | | (1) screen students for dyslexia and related |
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319 | 319 | | disorders; |
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320 | 320 | | (2) notify the parent of or person standing in |
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321 | 321 | | parental relation to each student who is determined to be at risk |
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322 | 322 | | for dyslexia or a related disorder that the student is at risk; and |
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323 | 323 | | (3) make a good faith effort to ensure that the notice |
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324 | 324 | | provided under Subdivision (2): |
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325 | 325 | | (A) is clear and easy to understand; |
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326 | 326 | | (B) is in the recipient's native language; and |
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327 | 327 | | (C) includes information about the student's |
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328 | 328 | | data and measurements that led to the determination that the |
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329 | 329 | | student is at risk for dyslexia or a related disorder. |
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330 | 330 | | (b) On determining that a student is at risk for dyslexia or |
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331 | 331 | | a related disorder, the school district shall implement a |
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332 | 332 | | multisensory, structured reading instruction program as an |
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333 | 333 | | intervention as part of the district's multitiered systems of |
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334 | 334 | | support under Section 26.0081 that, to the extent possible, |
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335 | 335 | | incorporates training provided to teachers under Section 21.4552. |
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336 | 336 | | The district shall determine the form, content, and timing of a |
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337 | 337 | | program provided under this subsection, subject to requirements for |
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338 | 338 | | the program established by the commissioner by rule. The program |
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339 | 339 | | adopted under this subsection may not be used to delay an evaluation |
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340 | 340 | | for special education services under Section 29.004. |
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341 | 341 | | (c) Only a person who meets the qualifications for |
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342 | 342 | | employment by a school district to provide services to students |
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343 | 343 | | with dyslexia and related disorders under Section 21.003(b-1) may |
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344 | 344 | | perform screenings for dyslexia and related disorders and implement |
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345 | 345 | | reading instruction programs as required by this section. |
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346 | 346 | | (d) The commissioner shall adopt rules as necessary to |
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347 | 347 | | implement this section. The rules must: |
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348 | 348 | | (1) require a universal screening for each student for |
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349 | 349 | | dyslexia and related disorders: |
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350 | 350 | | (A) at the end of the school year in |
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351 | 351 | | kindergarten; and |
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352 | 352 | | (B) before the end of the school year in first |
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353 | 353 | | grade; |
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354 | 354 | | (2) establish, in coordination with experts and |
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355 | 355 | | educators in the field of reading and dyslexia and related |
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356 | 356 | | disorders from across the state, the screening requirements under |
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357 | 357 | | Subsection (a); |
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358 | 358 | | (3) establish the requirements for reading |
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359 | 359 | | instruction programs provided under Subsection (b); and |
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360 | 360 | | (4) establish the personnel required to deliver |
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361 | 361 | | dyslexia intervention in accordance with Section 21.003(b-1). |
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362 | 362 | | SECTION 12. Section 30.001(b), Education Code, is amended |
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363 | 363 | | to read as follows: |
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364 | 364 | | (b) The commissioner, with the approval of the State Board |
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365 | 365 | | of Education, shall develop and implement a plan for the |
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366 | 366 | | coordination of services to children with disabilities in each |
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367 | 367 | | region served by a regional education service center. The plan must |
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368 | 368 | | include procedures for: |
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369 | 369 | | (1) identifying existing public or private |
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370 | 370 | | educational and related services for children with disabilities in |
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371 | 371 | | each region; |
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372 | 372 | | (2) identifying and referring children with |
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373 | 373 | | disabilities who cannot be appropriately served by the school |
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374 | 374 | | district in which they reside to other appropriate programs; |
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375 | 375 | | (3) assisting school districts to individually or |
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376 | 376 | | cooperatively develop programs to identify and provide appropriate |
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377 | 377 | | services for children with disabilities; |
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378 | 378 | | (4) expanding and coordinating services provided by |
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379 | 379 | | regional education service centers for children with disabilities; |
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380 | 380 | | [and] |
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381 | 381 | | (5) providing for special education [services], |
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382 | 382 | | including special seats, books, instructional media, and other |
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383 | 383 | | supplemental supplies and services required for proper |
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384 | 384 | | instruction; and |
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385 | 385 | | (6) ensuring services provided for students with |
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386 | 386 | | dyslexia and related disorders align with guidance on |
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387 | 387 | | evidence-based practices developed by the State Board of Education |
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388 | 388 | | under Section 7.102(c)(28). |
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389 | 389 | | SECTION 13. Section 30.002(g), Education Code, is amended |
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390 | 390 | | to read as follows: |
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391 | 391 | | (g) To facilitate implementation of this section, the |
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392 | 392 | | commissioner shall develop a system to distribute from the |
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393 | 393 | | foundation school fund to school districts or regional education |
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394 | 394 | | service centers a special supplemental allowance for each student |
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395 | 395 | | with a visual impairment and for each student with a serious visual |
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396 | 396 | | disability and another medically diagnosed disability of a |
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397 | 397 | | significantly limiting nature who is receiving special education |
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398 | 398 | | services through any approved program. The supplemental allowance |
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399 | 399 | | may be spent only for special education [services] uniquely |
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400 | 400 | | required by the nature of the student's disabilities and may not be |
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401 | 401 | | used in lieu of educational funds otherwise available under this |
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402 | 402 | | code or through state or local appropriations. |
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403 | 403 | | SECTION 14. Section 37.146(a), Education Code, is amended |
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404 | 404 | | to read as follows: |
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405 | 405 | | (a) A complaint alleging the commission of a school offense |
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406 | 406 | | must, in addition to the requirements imposed by Article 45.019, |
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407 | 407 | | Code of Criminal Procedure: |
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408 | 408 | | (1) be sworn to by a person who has personal knowledge |
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409 | 409 | | of the underlying facts giving rise to probable cause to believe |
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410 | 410 | | that an offense has been committed; and |
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411 | 411 | | (2) be accompanied by a statement from a school |
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412 | 412 | | employee stating: |
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413 | 413 | | (A) whether the child is eligible for or receives |
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414 | 414 | | special education [services] under Subchapter A, Chapter 29; and |
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415 | 415 | | (B) the graduated sanctions, if required under |
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416 | 416 | | Section 37.144, that were imposed on the child before the complaint |
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417 | 417 | | was filed. |
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418 | 418 | | SECTION 15. Section 48.103, Education Code, is amended by |
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419 | 419 | | amending Subsections (b) and (c) and adding Subsection (c-1) to |
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420 | 420 | | read as follows: |
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421 | 421 | | (b) A school district is entitled to an allotment under |
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422 | 422 | | Subsection (a) only for a student who: |
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423 | 423 | | (1) is receiving services for dyslexia or a related |
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424 | 424 | | disorder in accordance with: |
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425 | 425 | | (A) an individualized education program |
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426 | 426 | | developed for the student under Section 29.005; or |
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427 | 427 | | (B) a plan developed for the student under |
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428 | 428 | | Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794); |
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429 | 429 | | (2) is receiving instruction that: |
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430 | 430 | | (A) meets applicable dyslexia intervention |
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431 | 431 | | components [program criteria] established by the State Board of |
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432 | 432 | | Education or agency; and |
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433 | 433 | | (B) is provided by a person with specific |
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434 | 434 | | training in providing that instruction; or |
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435 | 435 | | (3) is permitted, on the basis of having dyslexia or a |
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436 | 436 | | related disorder, to use modifications in the classroom or |
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437 | 437 | | accommodations in the administration of assessment instruments |
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438 | 438 | | under Section 39.023. |
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439 | 439 | | (c) A school district shall: |
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440 | 440 | | (1) [may] receive funding for a student under this |
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441 | 441 | | section and Section 48.102 if the student satisfies the |
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442 | 442 | | requirements of both sections; |
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443 | 443 | | (2) allocate money received under Subdivision (1) to |
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444 | 444 | | the district's special education budget; and |
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445 | 445 | | (3) prioritize the use of money received under |
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446 | 446 | | Subdivision (1) for the employment and retention of district |
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447 | 447 | | employees who are specially trained to evaluate, identify, and |
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448 | 448 | | provide services for dyslexia and related disorders, including a |
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449 | 449 | | person described by Section 21.003(b-1). |
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450 | 450 | | (c-1) A school district may only use funding received under |
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451 | 451 | | this section to supplement the district's special education budget |
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452 | 452 | | and not to offset or deduct from the district's special education |
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453 | 453 | | budget. |
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454 | 454 | | SECTION 16. (a) A joint interim committee is established to |
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455 | 455 | | study methods for screening and testing students for dyslexia and |
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456 | 456 | | related disorders and the appropriate instruction for students with |
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457 | 457 | | dyslexia and related disorders. |
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458 | 458 | | (b) The committee shall assess: |
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459 | 459 | | (1) the method and efficiency with which programs for |
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460 | 460 | | dyslexia and related disorders are delivered to students; |
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461 | 461 | | (2) whether the screening process for dyslexia and |
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462 | 462 | | related disorders used by school districts correctly identifies |
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463 | 463 | | students with dyslexia or a related disorder and provides the |
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464 | 464 | | intervention and curriculum necessary for those students; |
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465 | 465 | | (3) whether the implementation of recommended |
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466 | 466 | | methodologies for students with dyslexia or a related disorder in |
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467 | 467 | | the elementary grades is successful and appropriate; |
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468 | 468 | | (4) methods to properly enforce and provide oversight |
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469 | 469 | | of programs for dyslexia and related disorders; |
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470 | 470 | | (5) parental rights related to screening and programs |
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471 | 471 | | for dyslexia and related disorders; |
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472 | 472 | | (6) methods to ensure federal funds received to |
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473 | 473 | | support special education instruction for students with dyslexia |
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474 | 474 | | and related disorders are used to provide students with the best |
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475 | 475 | | evidence-based multisensory systematic language therapy |
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476 | 476 | | intervention available; and |
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477 | 477 | | (7) the effectiveness of educator incentives for |
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478 | 478 | | programs for dyslexia and related disorders. |
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479 | 479 | | (c) The committee consists of the following eight members: |
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480 | 480 | | (1) four members of the house of representatives |
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481 | 481 | | appointed by the speaker of the house of representatives; and |
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482 | 482 | | (2) four members of the senate appointed by the |
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483 | 483 | | lieutenant governor. |
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484 | 484 | | (d) The speaker of the house of representatives and the |
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485 | 485 | | lieutenant governor shall each designate a co-chair from among the |
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486 | 486 | | committee members. |
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487 | 487 | | (e) The joint interim committee has all other powers and |
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488 | 488 | | duties provided to a special or select committee by the rules of the |
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489 | 489 | | senate and house of representatives by Subchapter B, Chapter 301, |
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490 | 490 | | Government Code, and by policies of the senate and house committees |
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491 | 491 | | on administration. |
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492 | 492 | | (f) Not later than December 1, 2024, the joint interim |
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493 | 493 | | committee shall report the committee's findings and |
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494 | 494 | | recommendations to the governor and the members of the legislature. |
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495 | 495 | | (g) The joint interim committee established under this |
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496 | 496 | | section is abolished and this section expires December 10, 2024. |
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497 | 497 | | SECTION 17. The following provisions of the Education Code |
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498 | 498 | | are repealed: |
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499 | 499 | | (1) Section 38.003; |
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500 | 500 | | (2) Section 38.0031; and |
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501 | 501 | | (3) Section 38.0032. |
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502 | 502 | | SECTION 18. (a) This Act applies beginning with the |
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503 | 503 | | 2024-2025 school year. |
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504 | 504 | | (b) As soon as practicable after the effective date of this |
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505 | 505 | | Act, the commissioner of education shall adopt rules necessary to |
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506 | 506 | | implement this Act using a negotiated rulemaking process under |
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507 | 507 | | Chapter 2008, Government Code. |
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508 | 508 | | (c) As soon as practicable after the effective date of this |
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509 | 509 | | Act, each school district shall notify the parent or person |
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510 | 510 | | standing in parental relation to a student who has been identified |
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511 | 511 | | as having dyslexia or a related disorder and who received dyslexia |
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512 | 512 | | intervention and instructional support in accordance with Section |
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513 | 513 | | 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), during the |
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514 | 514 | | 2023-2024 school year of the parent's or person's rights to have the |
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515 | 515 | | student continue that support and to request a full individual |
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516 | 516 | | evaluation under Section 29.004, Education Code. The commissioner |
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517 | 517 | | of education shall develop and make available a model notice that a |
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518 | 518 | | school district shall use to provide the notice required by this |
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519 | 519 | | subsection. |
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520 | 520 | | (d) Not later than September 1, 2024, the Texas Education |
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521 | 521 | | Agency shall provide informal guidance to school districts on the |
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522 | 522 | | evaluation and identification of students with dyslexia or a |
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523 | 523 | | related disorder in accordance with this Act. |
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524 | 524 | | SECTION 19. This Act takes effect September 1, 2023. |
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