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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment and funding of an education |
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enhancement program for certain students with disabilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 29, Education Code, is amended by adding |
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Subchapter J to read as follows: |
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SUBCHAPTER J. ENHANCEMENT PROGRAM FOR STUDENTS WITH DISABILITIES |
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Sec. 29.351. DEFINITIONS. In this subchapter: |
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(1) "Child with a disability" means a child who is: |
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(A) eligible to participate in a school |
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district's special education program under Section 29.003; or |
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(B) covered by Section 504, Rehabilitation Act of |
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1973 (29 U.S.C. Section 794). |
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(2) "Enhancement services" means a service provided to |
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a program participant that is in addition to the special education |
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services that a school district is required to provide a child with |
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a disability under federal and state law. |
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(3) "Parent" means a resident who otherwise meets the |
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definition of this term under Section 26.002. |
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(4) "Agency" means the Texas Education Agency. |
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(5) "Program participant" means a student with a |
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disability and the parent(s) of a child enrolled in the program. |
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(6) "Private service provider" means an individual or |
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entity approved by the commissioner of education to provide |
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enhancement services to program participants and that follows all |
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accountability standards outlined in this subchapter. |
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Sec. 29.352. ESTABLISHMENT OF PROGRAM. (a) The agency |
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shall establish a program, including procedures and criteria in |
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accordance with this subchapter, for the allocation of funds |
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appropriated under this subchapter to school districts for the |
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provision of enhancement services to certain students with |
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disabilities and their families to promote and improve overall |
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academic performance. |
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(b) The commissioner shall notify program |
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participants, school districts in which the program participant is |
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enrolled, and approved private service providers that approval to |
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participate in this program is for one year. Approval to |
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participate as a program participant or a private service provider |
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does not guarantee approval for subsequent years of participation |
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within this program. |
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Sec. 29.353. PROGRAM PARTICIPANTS. |
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(A) A student with a disability is eligible for enhancement |
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services from a private service provider if the child has a Section |
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504 plan of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) |
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or an individual education plan, and has one or more of the |
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following disabilities: |
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(A) dyslexia |
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(B) autism |
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(C) speech disability; or |
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(D) learning disability. |
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(B) A student or parent must apply to the agency through the |
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school district in which their child is enrolled to participate in |
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the program. |
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(C) A student must have attended public school in the |
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participating school district in the previous year prior to |
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receiving enhancement services created by Subchapter J. School |
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districts shall notify all eligible students and parents of this |
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program. |
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Sec. 29.354. ENHANCEMENT SERVICES. |
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(A) Funds provided by this program may be used only for the |
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following services provided by approved private service providers |
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under Section 29.357: |
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(1) costs of transportation for the student to receive |
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educational support services; |
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(2) fees for services provided by a commissioner-approved |
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private tutor or teaching service under Section 29.357; |
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(3) fees for educational therapies or support services |
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provided by a practitioner or provider under Section 29.357; |
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(4) costs of assistive technology; |
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(5) in-home and community-based training; |
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(6) positive behavioral support strategies; |
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(7) parent and family training support; |
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(8) communication interventions; and |
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(9) social skills, supports, and strategies. |
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(a-1) Any services not listed in (A) do not qualify as |
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enhancement services and are not eligible for funding under this |
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subchapter. |
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(B) Enhancement services shall be chosen by the parent in |
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consultation with the school principal's designee. The principal's |
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designee shall advise the parent on the enhancement program. The |
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parent shall choose the enhancement services and the private |
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service provider the program participant uses under this |
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subchapter. |
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Sec. 29.355. PROTECTION OF RIGHTS. (a) Students using |
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funds through a school district to access enhancement services from |
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an approved provider under Section 29.357 shall maintain rights |
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awarded to the student under Section 504, Rehabilitation Act of |
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1973 (29 U.S.C. Section 794) and Individuals with Disabilities |
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Education Act (20 U.S.C. Section 1400 et seq.), and the Americans |
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with Disabilities Act. |
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Sec. 29.356. ALLOCATION OF PROGRAM FUNDS. |
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(a) This program shall be funded at $10 million per year |
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from the state's general revenue fund. |
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(b) The commissioner shall award program funds to fund |
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enhancement services for students that meet the eligibility |
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criteria under Subsection 29.353. In awarding program funds to |
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eligible students, the commissioner shall prioritize students that |
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are economically disadvantaged. The selected students must reflect |
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the diversity of this state. |
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Sec. 29.357. PRIVATE SERVICE PROVIDER REQUIREMENTS. |
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(A) To be a private service provider, an entity or |
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individual: |
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(1) must be determined and approved by the |
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commissioner; |
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(2) must provide the agency a current financial audit |
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from a certified public accountant; |
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(3) must have operated for at least three or more |
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consecutive years, one of which has been in Texas; |
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(4) must provide evidence of having successfully |
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passed a criminal background check; |
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(5) must provide the agency a list of state and |
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national certification licensure credentials the provider has |
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achieved; |
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(6) must agree to comply with the state's curriculum |
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standards under Section 28.002 (b-3) and (b-4); |
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(7) may document to the commissioner that it provides |
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one or more of the enhancement services under 29.354 through an |
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existing contract with a school district; and |
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(8) may not solicit program participants to use their |
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private services with gifts, money, promotions, or any other kind |
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of emollient. |
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(a-1) A parent, the principal's designee who consults |
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with the parent of a program participant, or a private service |
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provider may appeal to the agency for a specific private service |
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provider to be approved. The commissioner shall develop rules to |
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implement this process. |
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(B) A private service provider shall deliver enhancement |
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services to a program participant on the basis of a written |
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agreement between the private service provider and the school |
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district in which the program participant is enrolled. |
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(C) (1) The private service provider must participate in a |
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meeting with the parent and the principal's designee who consults |
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with the parent of a program participant at least one time within a |
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semester of participation in enhancement services to discuss |
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progress and continued use of the private service provider's |
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enhancement services. |
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(2) A parent, the principal's designee who consults |
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with the parent of a program participant, or a private service |
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provider may request more frequent meetings between these groups to |
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discuss progress and continued use of the private service |
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provider's enhancement services. |
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(3) At the conclusion of the school year, enhancement |
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services cease. A parent must re-apply in a subsequent school year |
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to receive enhancement services during a subsequent school year. |
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Sec. 29.357. ACCOUNTABILITY. (a) An approved private |
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service provider shall adhere to the following accountability |
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standards to receive and maintain eligibility: |
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(1) report to the participating school district at the end |
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of each semester on the services the program participant has |
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received or will receive in accordance with the contract as well as |
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diagnostic or other evaluative information that the district |
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requires in order to fulfill its obligations under this subchapter; |
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(2) conduct pre- and post- measurement evaluations of the |
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program participant, and share this information with the program |
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participant's parent and participating school district; |
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(3) maintain a written contract with the school district of |
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the program participant to provide enhancement services; |
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(4) appropriately invoice the school district of the |
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program participant to provide enhancement services. |
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(b) The commissioner shall annually review previously |
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approved private service providers to determine if the private |
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service provider shall remain an approved provider for enhancement |
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services. |
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Sec. 29.358. PROGRAM REVIEW. (a) the agency with input |
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from program participants, parents of program participants, |
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private service providers, and participating school districts |
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shall review the performance of this program as established by |
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Subchapter J, and report to the legislature by December 31, 2020. |
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Sec. 29.359. STUDY. No later than September 1, 2018, the |
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agency shall report its findings to the legislature from a parent |
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survey and study of the special education services received from |
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the local school districts where their child(ren) are enrolled to |
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determine whether those services meet the requirements of IDEA, 504 |
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and ADA or if the provided services are insufficient to meet the |
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needs of the child as stipulated in his or her individualized |
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education plan or 504 plan. The agency will include in its report to |
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the legislature a list of services that parents feel are needed but |
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not being provided along with the reasons for a lack of services |
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being provided. |
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Sec. 29.360. EXCUSED ABSENCES. (a) an appointment or |
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meeting with an approved private service provider for enhancement |
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services provided by the special education enhancement program |
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established under Subchapter J shall be considered excused |
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absences. Services under this subchapter must supplement, not |
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supplant, educational services provided by the school district. |
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Sec. 29.361. RESPONSIBILITY OF OTHER AGENCIES. (a) The |
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provision of services under this section does not supersede or |
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limit the responsibility of other agencies to provide or pay for |
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costs of enhancement services to enable any student with |
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disabilities to receive a free appropriate public education in the |
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least restrictive environment. Specifically, services provided |
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under this section may not be used for a student with disabilities |
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who is currently placed in a residential facility primarily for |
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non-educational reasons. |
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SECTION 2. This Act applies beginning with the 2018-2019 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |