1 | 1 | | 89R3987 JDK-D |
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2 | 2 | | By: Menéndez S.B. No. 198 |
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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 additional requirements for individualized education |
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10 | 10 | | programs developed for children with autism or other pervasive |
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11 | 11 | | developmental disorders. |
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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. Section 29.005, Education Code, is amended by |
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14 | 14 | | adding Subsection (e-2) to read as follows: |
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15 | 15 | | (e-2) For a child with autism or another pervasive |
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16 | 16 | | developmental disorder, the committee must consider for inclusion |
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17 | 17 | | in the child's individualized education program each strategy |
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18 | 18 | | identified under commissioner rule as appropriate for autism or |
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19 | 19 | | another pervasive developmental disorder and that is based on |
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20 | 20 | | peer-reviewed, research-based educational programming practices. |
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21 | 21 | | The committee shall determine whether each strategy considered is |
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22 | 22 | | appropriate and practicable to include in the child's |
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23 | 23 | | individualized education program. If the committee determines that |
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24 | 24 | | a strategy is not appropriate or practicable to include in the |
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25 | 25 | | child's individualized education program, the committee must |
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26 | 26 | | include a written statement to that effect and the basis for that |
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27 | 27 | | determination in the documentation for the child's individualized |
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28 | 28 | | education program. |
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29 | 29 | | SECTION 2. Subchapter A, Chapter 29, Education Code, is |
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30 | 30 | | amended by adding Section 29.0052 to read as follows: |
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31 | 31 | | Sec. 29.0052. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS |
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32 | 32 | | WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. (a) Not |
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33 | 33 | | later than seven days before each meeting of an admission, review, |
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34 | 34 | | and dismissal committee for a child with autism or another |
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35 | 35 | | pervasive developmental disorder, a school district shall provide |
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36 | 36 | | to the parent of the child written information regarding each |
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37 | 37 | | strategy identified under commissioner rule as appropriate for |
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38 | 38 | | autism or another pervasive developmental disorder and that is |
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39 | 39 | | based on peer-reviewed, research-based educational programming |
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40 | 40 | | practices. |
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41 | 41 | | (b) At each meeting of an admission, review, and dismissal |
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42 | 42 | | committee for a child with autism or another pervasive |
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43 | 43 | | developmental disorder, the committee must consider each strategy |
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44 | 44 | | described by Subsection (a) and determine whether the strategy is |
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45 | 45 | | appropriate and practicable to include in the child's |
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46 | 46 | | individualized education program. If the committee determines that |
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47 | 47 | | a strategy is not appropriate or practicable to include in the |
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48 | 48 | | child's program, the committee must include a written statement to |
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49 | 49 | | that effect and the basis for that determination in the |
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50 | 50 | | documentation for the child's individualized education program. |
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51 | 51 | | (c) If the child's parent is unable to speak English, a |
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52 | 52 | | school district shall: |
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53 | 53 | | (1) provide the parent with a written or audiotaped |
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54 | 54 | | copy of the written information required under Subsection (a) |
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55 | 55 | | translated into Spanish if Spanish is the parent's native language; |
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56 | 56 | | or |
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57 | 57 | | (2) if the parent's native language is a language other |
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58 | 58 | | than Spanish, make a good faith effort to provide the parent with |
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59 | 59 | | the written information required under Subsection (a) translated |
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60 | 60 | | into the parent's native language. |
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61 | 61 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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62 | 62 | | school year. |
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63 | 63 | | SECTION 4. This Act takes effect immediately if it receives |
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64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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67 | 67 | | Act takes effect September 1, 2025. |
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