| 1 | 1 | | 89R9544 ANG-D |
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| 2 | 2 | | By: Menéndez S.B. No. 1671 |
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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 individualized education program requirements for |
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| 10 | 10 | | students placed in alternative special education settings and |
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| 11 | 11 | | monitoring of alternative special education settings. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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| 14 | 14 | | amended by adding Sections 29.0053 and 29.0105 to read as follows: |
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| 15 | 15 | | Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS |
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| 16 | 16 | | IN ALTERNATIVE SPECIAL EDUCATION SETTINGS. (a) In this section: |
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| 17 | 17 | | (1) "Alternative special education setting" means: |
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| 18 | 18 | | (A) a school district campus at which 90 percent |
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| 19 | 19 | | or more of the enrolled students are provided special education and |
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| 20 | 20 | | related services; or |
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| 21 | 21 | | (B) a self-contained program that: |
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| 22 | 22 | | (i) operates at a district facility that |
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| 23 | 23 | | does not meet the criteria for an instructional campus, as defined |
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| 24 | 24 | | by commissioner rule; and |
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| 25 | 25 | | (ii) provides special education and related |
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| 26 | 26 | | services to 90 percent or more of the students in regular |
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| 27 | 27 | | attendance. |
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| 28 | 28 | | (2) "Committee" means a committee established under |
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| 29 | 29 | | Section 29.005(a). |
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| 30 | 30 | | (b) In developing or modifying an individualized education |
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| 31 | 31 | | program for a student who receives special education or related |
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| 32 | 32 | | services in an alternative special education setting, the student's |
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| 33 | 33 | | committee shall: |
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| 34 | 34 | | (1) develop individualized, measurable goals for |
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| 35 | 35 | | academic and social-emotional and behavioral growth that would |
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| 36 | 36 | | allow the student to be returned to a general education setting; and |
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| 37 | 37 | | (2) ensure that the student is in the least |
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| 38 | 38 | | restrictive environment that is appropriate to meet the student's |
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| 39 | 39 | | educational needs. |
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| 40 | 40 | | (c) The committee for a student described by Subsection (b) |
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| 41 | 41 | | must meet at least once each semester to review the student's |
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| 42 | 42 | | progress toward the goals developed under Subsection (b) and |
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| 43 | 43 | | determine whether the student may be returned to a general |
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| 44 | 44 | | education setting. |
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| 45 | 45 | | Sec. 29.0105. MONITORING OF ALTERNATIVE SPECIAL EDUCATION |
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| 46 | 46 | | SETTINGS. (a) In this section, "alternative special education |
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| 47 | 47 | | setting" has the meaning assigned by Section 29.0053. |
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| 48 | 48 | | (b) The agency shall assign a unique campus identification |
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| 49 | 49 | | number to each alternative special education setting for purposes |
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| 50 | 50 | | of data collection and analysis, reporting requirements, and state |
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| 51 | 51 | | monitoring of compliance with federal and state law relating to |
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| 52 | 52 | | special education. |
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| 53 | 53 | | (c) The comprehensive system for monitoring adopted and |
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| 54 | 54 | | implemented under Section 29.010 must provide for: |
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| 55 | 55 | | (1) specific monitoring regarding a school district's |
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| 56 | 56 | | compliance with the requirements of Section 29.0053; and |
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| 57 | 57 | | (2) the ongoing collection and analysis of data to |
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| 58 | 58 | | identify patterns of discrepancies between students receiving |
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| 59 | 59 | | special education or related services in an alternative special |
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| 60 | 60 | | education setting and students placed in general education |
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| 61 | 61 | | settings. |
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| 62 | 62 | | SECTION 2. This Act applies beginning with the 2025-2026 |
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| 63 | 63 | | school year. |
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| 64 | 64 | | SECTION 3. This Act takes effect immediately if it receives |
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| 65 | 65 | | a vote of two-thirds of all the members elected to each house, as |
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| 66 | 66 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 67 | 67 | | Act does not receive the vote necessary for immediate effect, this |
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| 68 | 68 | | Act takes effect September 1, 2025. |
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