bill requires pediatric feeding disorder screenings in special ed

The text as introduced · 685 words

89R1061 PRL-F

By: Johnson
H.B. No. 1011

A BILL TO BE ENTITLED

AN ACT

relating to required screenings for pediatric feeding disorder for

students with certain disabilities and to the individualized

education programs for certain public school students with

pediatric feeding disorder.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 29.005, Education Code, is amended by

adding Subsection (e-1) to read as follows:

(e-1) The commissioner by rule shall require a school

district to include in the individualized education program of a

student with pediatric feeding disorder, as determined by the

results of a screening required under Section 29.023:

(1) a safe feeding and swallowing plan that specifies

individualized strategies that promote safe, efficient, and

adequate nutrition and hydration for the student while on a school

campus, including, as determined necessary for the student:

(A) the level of support that the student

requires during feeding;

(B) the appropriate feeding environment for the

student;

(C) the student's dietary modifications or

accommodations, including food allergies;

(D) the student's cultural dietary restrictions;

(E) the appropriate positioning of the student

during feeding;

(F) the equipment necessary for food preparation

and feeding;

(G) the appropriate feeding techniques; or

(H) any precautions, including emergency

procedures; and

(2) any information or requirement determined

necessary to ensure the student receives a free appropriate public

education as required under the Individuals with Disabilities

Education Act (20 U.S.C. Section 1400 et seq.).

SECTION 2. Subchapter A, Chapter 29, Education Code, is

amended by adding Section 29.023 to read as follows:

Sec. 29.023. PEDIATRIC FEEDING DISORDER SCREENING. (a) In

this section, "pediatric feeding disorder" means impaired oral

intake that is not age appropriate and is associated with medical,

nutritional, feeding skill, or psychological dysfunction that

requires intervention through an individualized safe feeding and

swallowing plan.

(b) Each school district shall ensure that a student who is

eligible to receive special education services under this

subchapter and presents with a feeding or swallowing concern is

screened or rescreened for pediatric feeding disorder in accordance

with rules adopted for that purpose under Section 36.004, Health

and Safety Code.

(c) A school district may coordinate with the Department of

State Health Services in developing a pediatric feeding disorder

screening program under this section and may receive assistance

from the department under Section 36.004, Health and Safety Code.

SECTION 3. Section 36.003, Health and Safety Code, is

amended by adding Subdivision (2-a) to read as follows:

(2-a) "Pediatric feeding disorder" means impaired oral

intake that is not age appropriate and is associated with medical,

nutritional, feeding skill, or psychological dysfunction that

requires intervention through an individualized safe feeding and

swallowing plan.

SECTION 4. Section 36.004, Health and Safety Code, is

amended by adding Subsections (b-2) and (b-3) to read as follows:

(b-2) The rules must include screening and rescreening

requirements for pediatric feeding disorder for any individual who

is eligible to receive special education services under Subchapter

A, Chapter 29, Education Code, and presents with a feeding or

swallowing concern.

(b-3) A screening or rescreening required under Subsection

(b-2) must be conducted by a group of professionals with experience

in assessing pediatric feeding disorder, which may include any of

the following:

(1) a speech-language pathologist;

(2) an occupational therapist;

(3) a nurse;

(4) a parent of the individual screened;

(5) a teacher;

(6) a physical therapist;

(7) a dietitian;

(8) a physician;

(9) a social worker; or

(10) a psychologist.

SECTION 5. Section 29.023, Education Code, as added by this

Act, applies beginning with the 2025-2026 school year.

SECTION 6. As soon as practicable after the effective date

of this Act, the executive commissioner of the Health and Human

Services Commission shall adopt or amend rules as necessary to

comply with Sections 36.004(b-2) and (b-3), Health and Safety Code,

as added by this Act.

SECTION 7. 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, 2025.