1 | 1 | | 89R1061 PRL-F |
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2 | 2 | | By: Menéndez S.B. No. 154 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to required screenings for pediatric feeding disorder for |
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10 | 10 | | students with certain disabilities and to the individualized |
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11 | 11 | | education programs for certain public school students with |
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12 | 12 | | pediatric feeding disorder. |
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13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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14 | 14 | | SECTION 1. Section 29.005, Education Code, is amended by |
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15 | 15 | | adding Subsection (e-1) to read as follows: |
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16 | 16 | | (e-1) The commissioner by rule shall require a school |
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17 | 17 | | district to include in the individualized education program of a |
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18 | 18 | | student with pediatric feeding disorder, as determined by the |
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19 | 19 | | results of a screening required under Section 29.023: |
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20 | 20 | | (1) a safe feeding and swallowing plan that specifies |
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21 | 21 | | individualized strategies that promote safe, efficient, and |
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22 | 22 | | adequate nutrition and hydration for the student while on a school |
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23 | 23 | | campus, including, as determined necessary for the student: |
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24 | 24 | | (A) the level of support that the student |
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25 | 25 | | requires during feeding; |
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26 | 26 | | (B) the appropriate feeding environment for the |
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27 | 27 | | student; |
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28 | 28 | | (C) the student's dietary modifications or |
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29 | 29 | | accommodations, including food allergies; |
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30 | 30 | | (D) the student's cultural dietary restrictions; |
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31 | 31 | | (E) the appropriate positioning of the student |
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32 | 32 | | during feeding; |
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33 | 33 | | (F) the equipment necessary for food preparation |
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34 | 34 | | and feeding; |
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35 | 35 | | (G) the appropriate feeding techniques; or |
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36 | 36 | | (H) any precautions, including emergency |
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37 | 37 | | procedures; and |
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38 | 38 | | (2) any information or requirement determined |
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39 | 39 | | necessary to ensure the student receives a free appropriate public |
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40 | 40 | | education as required under the Individuals with Disabilities |
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41 | 41 | | Education Act (20 U.S.C. Section 1400 et seq.). |
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42 | 42 | | SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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43 | 43 | | amended by adding Section 29.023 to read as follows: |
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44 | 44 | | Sec. 29.023. PEDIATRIC FEEDING DISORDER SCREENING. (a) In |
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45 | 45 | | this section, "pediatric feeding disorder" means impaired oral |
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46 | 46 | | intake that is not age appropriate and is associated with medical, |
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47 | 47 | | nutritional, feeding skill, or psychological dysfunction that |
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48 | 48 | | requires intervention through an individualized safe feeding and |
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49 | 49 | | swallowing plan. |
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50 | 50 | | (b) Each school district shall ensure that a student who is |
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51 | 51 | | eligible to receive special education services under this |
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52 | 52 | | subchapter and presents with a feeding or swallowing concern is |
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53 | 53 | | screened or rescreened for pediatric feeding disorder in accordance |
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54 | 54 | | with rules adopted for that purpose under Section 36.004, Health |
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55 | 55 | | and Safety Code. |
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56 | 56 | | (c) A school district may coordinate with the Department of |
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57 | 57 | | State Health Services in developing a pediatric feeding disorder |
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58 | 58 | | screening program under this section and may receive assistance |
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59 | 59 | | from the department under Section 36.004, Health and Safety Code. |
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60 | 60 | | SECTION 3. Section 36.003, Health and Safety Code, is |
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61 | 61 | | amended by adding Subdivision (2-a) to read as follows: |
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62 | 62 | | (2-a) "Pediatric feeding disorder" means impaired oral |
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63 | 63 | | intake that is not age appropriate and is associated with medical, |
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64 | 64 | | nutritional, feeding skill, or psychological dysfunction that |
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65 | 65 | | requires intervention through an individualized safe feeding and |
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66 | 66 | | swallowing plan. |
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67 | 67 | | SECTION 4. Section 36.004, Health and Safety Code, is |
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68 | 68 | | amended by adding Subsections (b-2) and (b-3) to read as follows: |
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69 | 69 | | (b-2) The rules must include screening and rescreening |
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70 | 70 | | requirements for pediatric feeding disorder for any individual who |
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71 | 71 | | is eligible to receive special education services under Subchapter |
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72 | 72 | | A, Chapter 29, Education Code, and presents with a feeding or |
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73 | 73 | | swallowing concern. |
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74 | 74 | | (b-3) A screening or rescreening required under Subsection |
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75 | 75 | | (b-2) must be conducted by a group of professionals with experience |
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76 | 76 | | in assessing pediatric feeding disorder, which may include any of |
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77 | 77 | | the following: |
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78 | 78 | | (1) a speech-language pathologist; |
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79 | 79 | | (2) an occupational therapist; |
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80 | 80 | | (3) a nurse; |
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81 | 81 | | (4) a parent of the individual screened; |
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82 | 82 | | (5) a teacher; |
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83 | 83 | | (6) a physical therapist; |
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84 | 84 | | (7) a dietitian; |
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85 | 85 | | (8) a physician; |
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86 | 86 | | (9) a social worker; or |
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87 | 87 | | (10) a psychologist. |
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88 | 88 | | SECTION 5. Section 29.023, Education Code, as added by this |
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89 | 89 | | Act, applies beginning with the 2025-2026 school year. |
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90 | 90 | | SECTION 6. As soon as practicable after the effective date |
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91 | 91 | | of this Act, the executive commissioner of the Health and Human |
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92 | 92 | | Services Commission shall adopt or amend rules as necessary to |
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93 | 93 | | comply with Sections 36.004(b-2) and (b-3), Health and Safety Code, |
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94 | 94 | | as added by this Act. |
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95 | 95 | | SECTION 7. This Act takes effect immediately if it receives |
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96 | 96 | | a vote of two-thirds of all the members elected to each house, as |
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97 | 97 | | provided by Section 39, Article III, Texas Constitution. If this |
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98 | 98 | | Act does not receive the vote necessary for immediate effect, this |
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99 | 99 | | Act takes effect September 1, 2025. |
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