child-care rules ban disability discrimination

The text as introduced · 738 words

89R1020 MLH-D

By: González of El Paso
H.B. No. 174

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of child-care facilities and registered

family homes, including the provision of services to children with

disabilities or special needs.

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

SECTION 1. Section 42.042, Human Resources Code, is amended

by amending Subsection (e) and adding Subsections (e-6) and (e-7)

to read as follows:

(e) The executive commissioner shall promulgate minimum

standards that apply to licensed child-care facilities and to

registered family homes covered by this chapter and that will:

(1) promote the health, safety, and welfare of

children attending a facility or registered family home;

(2) promote safe, comfortable, and healthy physical

facilities and registered family homes for children;

(3) ensure adequate supervision of children by

capable, qualified, and healthy personnel;

(4) ensure adequate and healthy food service where

food service is offered;

(5) except as provided by Subsection (e-6), prohibit

[ racial ] discrimination based on race or disability status by

child-care facilities and registered family homes;

(6) require procedures for parental and guardian

consultation in the formulation of children's educational and

therapeutic programs;

(7) prevent the breakdown of foster care and adoptive

placement;

(8) ensure that a child-care facility or registered

family home:

(A) follows the directions of a child's physician

or other health care provider in providing specialized medical

assistance required by the child; and

(B) maintains for a reasonable time a copy of any

directions from the physician or provider that the parent provides

to the facility or home; and

(9) ensure that a child's health, safety, and welfare

are adequately protected on the grounds of a child-care facility or

registered family home.

(e-6) A day-care center, group day-care home, or registered

family home may deny services to a child with a disability only if,

after meeting with the child and family, the center or home

determines under the Americans with Disabilities Act of 1990 (42

U.S.C. Section 12101 et seq.) that accommodating the child would:

(1) pose an undue burden on the center or home as

defined by 28 C.F.R. Section 36.104;

(2) pose a direct threat to the health or safety of

other people at the center or home as provided by 28 C.F.R. Section

36.208;

(3) require modifications in policies, practices, or

procedures that would fundamentally alter the nature of the center

or home as provided by 28 C.F.R. Section 36.302; or

(4) pose a difficulty on or expense to the center or

home to remove architectural barriers to accommodate the child as

provided by 28 C.F.R. Section 36.304.

(e-7) The minimum standards for a day-care center, group

day-care home, or registered family home adopted under this section

must require the center or home to:

(1) promote inclusive practices and integrate

children with special needs into the general activities of the

center or home; and

(2) allow certified childhood intervention service

providers to have access to children who are clients attending the

center or home to provide services in accordance with an

individualized family service plan while the child is integrated in

an educational or instructional area of the center or home.

SECTION 2. Section 42.045(a), Human Resources Code, is

amended to read as follows:

(a) A person who operates a licensed or certified facility

shall maintain individual child development records, individual

health records, records provided by parents for children with

special needs, statistical records, and complete financial

records.

SECTION 3. Subchapter C, Chapter 42, Human Resources Code,

is amended by adding Section 42.069 to read as follows:

Sec. 42.069. REQUIRED INFORMATION FOR PARENTS. A day-care

center, group day-care home, or registered family home shall

provide written disclosure to a parent or guardian of each child

attending the center or home that includes:

(1) a copy of the commission's Early Childhood

Intervention Developmental Checklist and any information available

through the commission on accessing early childhood intervention in

the area served by the center or home under Part C, Individuals with

Disabilities Education Act (20 U.S.C. Section 1431 et seq.); and

(2) the center's or home's policies on providing care

to children with disabilities.

SECTION 4. As soon as practicable after the effective date

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

Services Commission shall adopt the rules necessary to implement

the changes in law made by this Act.

SECTION 5. This Act takes effect September 1, 2025.