This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  S.B. No. 89
 
 
 
 
AN ACT
  relating to supplemental information required for inclusion with a
  written statement of an individualized education program developed
  for certain public school students who received special education
  services during the 2019-2020 or 2020-2021 school year.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act shall be known as the COVID-19 Special
  Education Recovery Act.
         SECTION 2.  Subchapter A, Chapter 29, Education Code, is
  amended by adding Section 29.0052 to read as follows:
         Sec. 29.0052.  INDIVIDUALIZED EDUCATION PROGRAM SUPPLEMENT.
  (a) Except as provided by Subsection (b), for each child who was
  enrolled in a school district's special education program under
  this subchapter during the 2019-2020 school year or the 2020-2021
  school year, the district shall prepare a supplement to be included
  with the written statement of the individualized education program
  developed for the child under Section 29.005(b). The supplement
  must include information indicating:
               (1)  if applicable, whether the written report of the
  child's full individual and initial evaluation under Section 29.004
  was completed during the 2019-2020 school year or the 2020-2021
  school year and, if so, whether the report was completed by the date
  required under that section;
               (2)  if applicable, whether the child's initial
  individualized education program was developed under Section
  29.005(b) during the 2019-2020 school year or the 2020-2021 school
  year and, if so, whether the program was developed by the date
  required under 34 C.F.R. Section 300.323(c)(1);
               (3)  whether the provision of special services to the
  child under an individualized education program during the
  2019-2020 school year or the 2020-2021 school year was interrupted,
  reduced, delayed, suspended, or discontinued; and
               (4)  whether compensatory educational services are
  appropriate for the child based on the information under
  Subdivisions (1)-(3) or any other factors.
         (b)  Subsection (a) does not apply to a child if during the
  2020-2021 school year the written statement of the child's
  individualized education program documents the information
  described under Subsections (a)(1)-(4).
         (c)  Section 29.005(f) and Section 29.0051 do not apply to a
  supplement prepared for inclusion with a written statement of an
  individualized education program, as required by this section.
         (d)  The commissioner may adopt rules as necessary to
  implement this section.
         (e)  This section expires September 1, 2023.
         SECTION 3.  Not later than May 1, 2022, a school district
  subject to Section 29.0052, Education Code, as added by this Act,
  shall complete each required supplement to a written statement of
  an individualized education program, as provided by that section.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 89 passed the Senate on    
  April 13, 2021, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 89 passed the House on        
  May 23, 2021, by the following vote:  Yeas 143, Nays 2, one present
  not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor