Texas 2025 - 89th Regular

Texas Senate Bill SB2735 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R11608 KRM-F
2	2	By: Cook S.B. No. 2735
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the screening of, services for, and educational
10	10	programs for children with visual impairments; authorizing an
11	11	administrative penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. This Act may be cited as Zach's Law.
14	14	SECTION 2. Chapter 29, Education Code, is amended by adding
15	15	Subchapter J to read as follows:
16	16	SUBCHAPTER J. PROGRAMS FOR CHILDREN AND STUDENTS WITH
17	17	VISUAL IMPAIRMENT
18	18	Sec. 29.331. DEFINITIONS. In this subchapter, "early
19	19	intervention services," "expanded core curriculum," "functional
20	20	vision assessment," "screening," and "visual impairment" have the
21	21	meanings assigned by Section 36A.001, Health and Safety Code.
22	22	Sec. 29.332. PROGRAM REQUIRED. In addition to a special
23	23	education program under Subchapter A, a school district and
24	24	open-enrollment charter school shall provide a program for
25	25	appropriate interventions from birth, including age-appropriate
26	26	instruction in all areas of an expanded core curriculum, to a child
27	27	who:
28	28	(1) is referred to the district or school under
29	29	Chapter 36A, Health and Safety Code; and
30	30	(2) has a visual impairment, as determined by a
31	31	screening or functional vision assessment conducted under Chapter
32	32	36A, Health and Safety Code, or through a formal diagnosis of a
33	33	physician or health care provider.
34	34	Sec. 29.333. PROGRAM CONTENTS. A program provided under
35	35	this subchapter must contain:
36	36	(1) expanded core curriculum instruction areas,
37	37	including age-appropriate instruction in:
38	38	(A) orientation and mobility;
39	39	(B) social interaction skills;
40	40	(C) independent living skills;
41	41	(D) assistive technology;
42	42	(E) self determination;
43	43	(F) sensory efficiency skills;
44	44	(G) recreation and leisure;
45	45	(H) compensatory or access skills; and
46	46	(I) career education; and
47	47	(2) early intervention services, including:
48	48	(A) vision therapy;
49	49	(B) developmental support; and
50	50	(C) access to assistive technologies to support
51	51	the child's development and learning.
52	52	Sec. 29.334. COMPENSATORY SERVICES FOR LATE
53	53	IDENTIFICATION. (a) The agency by rule shall require school
54	54	districts and open-enrollment charter schools to provide a student
55	55	with a visual impairment who is identified after third grade with
56	56	additional instruction and support commensurate with the student's
57	57	needs to address developmental delays and the education loss of
58	58	specific visual impairment instruction under the expanded core
59	59	curriculum, caused by the delayed identification for visual
60	60	impairment.
61	61	(b) The agency shall require school districts and
62	62	open-enrollment charter schools in conducting admission, review,
63	63	and dismissal processes to develop individualized plans to address
64	64	and remedy the delayed identification described by Subsection (a)
65	65	and provide the necessary compensatory instruction, including
66	66	additional instruction for relevant skills development and
67	67	opportunities for the student to learn and successfully complete
68	68	the expanded core curriculum.
69	69	(c) If consensus is not reached between a parent or adult
70	70	student and a school district or open-enrollment charter school for
71	71	compensatory services provided under this section, the parent or
72	72	adult student may pursue all administrative remedies available
73	73	under the Individuals with Disabilities Education Act (20 U.S.C.
74	74	Section 1400 et seq.).
75	75	SECTION 3. Subtitle B, Title 2, Health and Safety Code, is
76	76	amended by adding Chapter 36A to read as follows:
77	77	CHAPTER 36A. EARLY VISION SCREENING, IDENTIFICATION, AND REFERRAL
78	78	FOR YOUNG CHILDREN WITH VISUAL IMPAIRMENTS
79	79	SUBCHAPTER A. GENERAL PROVISIONS
80	80	Sec. 36A.001. DEFINITIONS. In this chapter:
81	81	(1) "Agency" means the Texas Education Agency.
82	82	(2) "Certified orientation and mobility specialist"
83	83	means an individual who satisfies agency established requirements
84	84	and holds a certification issued by the Academy for Certification
85	85	of Vision Rehabilitation and Education Professionals.
86	86	(3) "Certified teacher" means a teacher who teaches
87	87	students with visual impairments and who has:
88	88	(A) a bachelor's degree from an accredited
89	89	university; and
90	90	(B) an initial teaching certification in
91	91	elementary or secondary general or special education.
92	92	(4) "Cortical vision impairment" means a disorder
93	93	caused by damage to areas of the brain that process vision and in
94	94	which the eyes remain healthy but the brain has difficulty
95	95	processing and understanding visual information.
96	96	(5) "Early intervention services" means the early
97	97	intervention services described in Part C, Individuals with
98	98	Disabilities Education Act (20 U.S.C. Sections 1431-1443).
99	99	(6) "Expanded core curriculum" means the set of skills
100	100	and concepts that are provided to children with a visual impairment
101	101	to compensate for visual limitations, specialized instruction,
102	102	including orientation and mobility skills, social interaction
103	103	skills, and independent living skills, and use of assistive
104	104	technology.
105	105	(7) "Functional vision assessment" is an evaluation of
106	106	a child's ability to use vision in daily activities, regardless of
107	107	any formal diagnosis.
108	108	(8) "Health care provider" means an individual or
109	109	facility licensed, certified, or otherwise authorized to
110	110	administer health care, for profit or otherwise, in the ordinary
111	111	course of business or professional practice, including a physician
112	112	or a hospital or birthing center.
113	113	(9) "Local education agency" means a school district
114	114	or an open-enrollment charter school.
115	115	(10) "Newborn" means a child less than 30 days old.
116	116	(11) "Physician" means a person licensed to practice
117	117	medicine in this state under Subtitle B, Title 3, Occupations Code.
118	118	(12) "Risk factors" means criteria or factors
119	119	identifying an infant or child as susceptible to a visual
120	120	impairment, including:
121	121	(A) a premature birth of less than 32 weeks;
122	122	(B) in vitro alcohol or substance abuse;
123	123	(C) birth complications;
124	124	(D) congenital infections;
125	125	(E) a history of a neurological disorder;
126	126	(F) a diagnosis of a seizure disorder, cerebral
127	127	palsy, intrauterine stroke, hydrocephalus, cerebral dysplasia such
128	128	as schizencephaly, cranial dysplasia such as Apert syndrome,
129	129	meningitis, encephalitis, a brain tumor, or a traumatic brain
130	130	injury;
131	131	(G) a genetic predisposition, including rare
132	132	chromosomal abnormalities;
133	133	(H) a family history of congenital visual
134	134	impairment or vision loss;
135	135	(I) a family history of autism spectrum disorder
136	136	or a diagnosis of autism spectrum disorder;
137	137	(J) a history of metabolic disorders, including
138	138	hypoglycemia, methylmalonic acidemia or propionic acidemia, Refsum
139	139	disease, mucopolysaccharidosis, neuronal ceroid lipofuscinosis,
140	140	disorders of glycosylation, or Tay-Sachs disease;
141	141	(K) a history of malnourishment, sensory
142	142	processing disorder, or malabsorption syndromes; or
143	143	(L) parent or caregiver concerns regarding
144	144	developmental vision delays.
145	145	(13) "Screening" means a test or battery of tests
146	146	administered to rapidly determine the need for a professional
147	147	examination.
148	148	(14) "Visual impairment" means a loss of vision
149	149	resulting from a disorder of the ocular system or disorder of the
150	150	visual pathways and visual centers in the brain, including the
151	151	pathways serving visual perception, cognition, and visual guidance
152	152	of movement of any type or degree.
153	153	Sec. 36A.002. RULES. The executive commissioner may adopt
154	154	rules to implement this chapter.
155	155	SUBCHAPTER B. SCREENING, EVALUATION, AND REFERRAL SERVICES
156	156	Sec. 36A.051. SUSCEPTIBILITY QUESTIONNAIRE. (a) The
157	157	department shall develop a susceptibility questionnaire based on
158	158	the risk factors indicating potential visual impairment in infants
159	159	and provide the questionnaire to hospitals and other birthing
160	160	facilities.
161	161	(b) The executive commissioner by rule shall require a
162	162	physician attending a newborn or another health care provider
163	163	attending the delivery of the newborn to:
164	164	(1) complete and submit the susceptibility
165	165	questionnaire to the department before the physician or health care
166	166	provider may discharge the newborn from the hospital or birthing
167	167	facility; and
168	168	(2) provide a copy of the completed susceptibility
169	169	questionnaire to the newborn's parent, legal guardian, or managing
170	170	conservator and, if known, the newborn's primary care physician and
171	171	vision service provider.
172	172	(c) The department shall record the information provided in
173	173	the completed susceptibility questionnaire in the database
174	174	established under Subchapter C and report the data to the
175	175	commission and applicable local education agency.
176	176	Sec. 36A.052. SCREENING AND REFERRAL. (a) The executive
177	177	commissioner by rule shall require screening of newborns and
178	178	infants born in this state at regular intervals within the first 36
179	179	months of life to detect visual impairment that is based on ocular
180	180	and neurological disorders, including cortical vision impairment.
181	181	(b) The rules must require:
182	182	(1) health care providers to conduct vision screenings
183	183	at well-child visits when the child is 3 months, 6 months, 12
184	184	months, 24 months, 30 months, and 36 months of age;
185	185	(2) a health care provider attending a newborn to
186	186	conduct a vision screening for a newborn who exhibits a risk factor;
187	187	and
188	188	(3) a health care provider to conduct a vision
189	189	screening focused on identifying neurological visual impairments,
190	190	including cortical vision impairment, and refer for a functional
191	191	vision assessment and learning media assessment any child younger
192	192	than five years of age who exhibits a risk factor, regardless of
193	193	whether the child received a formal diagnosis of a visual
194	194	impairment.
195	195	(c) A health care provider who conducts a screening under
196	196	Subsection (b) and detects a visual impairment or an indication of
197	197	associated risk factors shall:
198	198	(1) refer the child's parent, legal guardian, or
199	199	managing conservator to the applicable local education agency for
200	200	early intervention services, including a functional vision
201	201	assessment; and
202	202	(2) provide the child's parent, legal guardian, or
203	203	managing conservator with information on locations at which the
204	204	child may receive a medical follow-up for a formal diagnosis.
205	205	(d) As soon as practicable after receiving a referral, the
206	206	local education agency shall conduct a functional vision assessment
207	207	and provide any applicable early intervention services.
208	208	Sec. 36A.053. FUNCTIONAL VISION ASSESSMENT. (a) A parent,
209	209	legal guardian, managing conservator, or health care provider may
210	210	request a local education agency to conduct a functional vision
211	211	assessment if a routine vision screening or other evaluation
212	212	indicates a potential visual impairment.
213	213	(b) If a susceptibility questionnaire completed under
214	214	Section 36A.051 indicates a child has a risk factor or a screening
215	215	conducted under Section 36A.052 indicates a child may have a visual
216	216	impairment, the applicable local education agency shall conduct a
217	217	functional vision assessment for the child as soon as practicable.
218	218	The local education agency shall provide the child's parent, legal
219	219	guardian, or managing conservator with written information on
220	220	locations at which the assessment may be performed.
221	221	(c) A functional vision assessment must assess the manner in
222	222	which the child uses vision to perform tasks in daily life
223	223	activities by considering both ocular and neurological factors that
224	224	may impact vision, including a cortical vision impairment.
225	225	(d) A certified teacher, certified orientation and mobility
226	226	specialist, health care provider, or local education agency that
227	227	conducts a functional vision assessment indicating a child has a
228	228	visual impairment or does not sufficiently use vision to
229	229	appropriately access developmental or educational materials or
230	230	settings shall inform the child's parent, legal guardian, or
231	231	managing conservator the child may be eligible, regardless of a
232	232	formal diagnosis, under the Individuals with Disabilities
233	233	Education Act (20 U.S.C. Section 1400 et seq.) to receive early
234	234	intervention services from the applicable local education agency,
235	235	including access to an expanded core curriculum.
236	236	Sec. 36A.054. REFERRAL FOR DIAGNOSTIC SERVICES. A
237	237	certified teacher, certified orientation and mobility specialist,
238	238	health care provider, or local education agency that conducts a
239	239	vision screening or functional vision assessment and determines a
240	240	child may have a visual impairment shall use the database developed
241	241	under Subchapter C and refer the child to:
242	242	(1) a pediatric ophthalmologist, optometrist, or
243	243	pediatric neurologist, as appropriate;
244	244	(2) the applicable local education agency for a
245	245	functional vision assessment and learning media assessment if those
246	246	assessments have not been conducted; and
247	247	(3) the Blind Children's Vocational Discovery and
248	248	Development Program administered by the commission for further
249	249	support and services.
250	250	Sec. 36A.055. EARLY INTERVENTION SERVICES. (a) The
251	251	department, commission, and agency and local education agencies
252	252	shall coordinate to ensure certified teachers, certified
253	253	orientation and mobility specialists, health care providers, and
254	254	local education agencies that detect or diagnose a child with a
255	255	visual impairment, regardless of the child's age, provide
256	256	information on and refer the child to:
257	257	(1) the Division for Early Childhood Intervention
258	258	Services of the commission;
259	259	(2) the applicable local education agency responsible
260	260	for delivering early intervention services; and
261	261	(3) any other appropriate services the department
262	262	requires or recommends.
263	263	(b) The department, commission, and agency and local
264	264	education agencies shall coordinate to ensure a child who is
265	265	determined to have a visual impairment through a screening,
266	266	diagnosis, or functional vision assessment receives all
267	267	appropriate early intervention services, including instruction in
268	268	all areas of the expanded core curriculum.
269	269	SUBCHAPTER C. STATE AGENCY POWERS AND DUTIES
270	270	Sec. 36A.101. EDUCATIONAL MATERIALS. (a) The department
271	271	shall develop written educational materials on visual impairments
272	272	under this chapter. The materials shall include information on:
273	273	(1) visual impairments;
274	274	(2) the risk factors associated with visual
275	275	impairments;
276	276	(3) vision screening requirements;
277	277	(4) early intervention services provided by local
278	278	education agencies;
279	279	(5) referral and reporting requirements; and
280	280	(6) any other material the department considers
281	281	necessary.
282	282	(b) The department shall provide the materials developed
283	283	under this section to hospitals, birthing facilities, and primary
284	284	care providers and require a health care provider to provide a copy
285	285	of the materials to the parent, legal guardian, or managing
286	286	conservator of a newborn.
287	287	(c) The department in collaboration with the agency shall
288	288	develop a plan to coordinate early intervention services for
289	289	children who are identified with risk factors or diagnosed with a
290	290	visual impairment. The department and agency may not require a
291	291	formal diagnosis of a visual impairment before a child is eligible
292	292	for early intervention services.
293	293	Sec. 36A.102. TRAINING. (a) The department, in
294	294	collaboration with medical schools and other health care
295	295	organizations, shall develop a training program for health care
296	296	providers to ensure knowledge of and provide necessary skills for
297	297	detecting visual impairments and associated risk factors, with a
298	298	focus on both ocular and neurological forms of visual impairment.
299	299	(b) Health care providers and certified teachers shall
300	300	complete the training course developed under this section to
301	301	identify signs and symptoms of a visual impairment, risk factors,
302	302	or any other indicator that may necessitate a functional vision
303	303	assessment with or without a formal diagnosis.
304	304	Sec. 36A.103. PUBLIC AWARENESS CAMPAIGN. (a) The
305	305	department shall establish a public awareness campaign to educate
306	306	parents, legal guardians, managing conservators, and health care
307	307	providers on:
308	308	(1) types of visual impairments, including cortical
309	309	vision impairment;
310	310	(2) the importance of early screening;
311	311	(3) the developmental history and risk factors
312	312	associated with visual impairment;
313	313	(4) mandatory screening and referral requirements;
314	314	and
315	315	(5) available resources for children with visual
316	316	impairments.
317	317	(b) The department shall provide educational materials and
318	318	support for parents, legal guardians, and managing conservators,
319	319	including information on methods of advocating for their child's
320	320	needs and navigating the early intervention system specifically
321	321	designed for blind and visually impaired children.
322	322	Sec. 36A.104. STATEWIDE VISION DATABASE; REPORT. (a) To
323	323	ensure children with visual impairments receive timely diagnosis
324	324	and treatment, the department shall establish and maintain a secure
325	325	statewide database to monitor and track children who have a risk
326	326	factor for or are diagnosed with a visual impairment. The database
327	327	must track and record:
328	328	(1) screening and functional assessment outcomes,
329	329	including:
330	330	(A) the number of children screened; and
331	331	(B) the number of children diagnosed with or
332	332	identified as having a visual impairment or risk factors;
333	333	(2) diagnostic follow-up appointments; and
334	334	(3) early intervention services provided, including
335	335	the number of children receiving early intervention services for a
336	336	visual impairment.
337	337	(b) Not later than December 1 of each year, the department
338	338	shall provide a written report to the legislature summarizing the
339	339	information collected under Subsection (a) and providing
340	340	recommendations for legislative or other action.
341	341	(c) The report shall include recommendations for improving
342	342	the program's effectiveness, equity, and accessibility.
343	343	Sec. 36A.105. FUNDING. From money appropriated or
344	344	otherwise available for this purpose, the department and commission
345	345	shall allocate money to support the implementation of this chapter.
346	346	Sec. 36A.106. ENFORCEMENT. The department or commission
347	347	may impose an administrative penalty in an amount determined by an
348	348	administrative law judge to be appropriate based on the seriousness
349	349	of the conduct or order a corrective action for a violation of the
350	350	screening and referral requirements under this chapter.
351	351	SECTION 4. As soon as practicable after the effective date
352	352	of this Act, the executive commissioner of the Health and Human
353	353	Services Commission and the Texas Education Agency shall adopt
354	354	rules necessary to implement the changes in law made by this Act.
355	355	SECTION 5. This Act takes effect September 1, 2025.