special ed students in separate settings get a path back

The text as introduced · 469 words

89R9544 ANG-D

By: Menéndez
S.B. No. 1671

A BILL TO BE ENTITLED

AN ACT

relating to individualized education program requirements for

students placed in alternative special education settings and

monitoring of alternative special education settings.

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

SECTION 1. Subchapter A, Chapter 29, Education Code, is

amended by adding Sections 29.0053 and 29.0105 to read as follows:

Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS

IN ALTERNATIVE SPECIAL EDUCATION SETTINGS. (a) In this section:

(1) "Alternative special education setting" means:

(A) a school district campus at which 90 percent

or more of the enrolled students are provided special education and

related services; or

(B) a self-contained program that:

(i) operates at a district facility that

does not meet the criteria for an instructional campus, as defined

by commissioner rule; and

(ii) provides special education and related

services to 90 percent or more of the students in regular

attendance.

(2) "Committee" means a committee established under

Section 29.005(a).

(b) In developing or modifying an individualized education

program for a student who receives special education or related

services in an alternative special education setting, the student's

committee shall:

(1) develop individualized, measurable goals for

academic and social-emotional and behavioral growth that would

allow the student to be returned to a general education setting; and

(2) ensure that the student is in the least

restrictive environment that is appropriate to meet the student's

educational needs.

(c) The committee for a student described by Subsection (b)

must meet at least once each semester to review the student's

progress toward the goals developed under Subsection (b) and

determine whether the student may be returned to a general

education setting.

Sec. 29.0105. MONITORING OF ALTERNATIVE SPECIAL EDUCATION

SETTINGS. (a) In this section, "alternative special education

setting" has the meaning assigned by Section 29.0053.

(b) The agency shall assign a unique campus identification

number to each alternative special education setting for purposes

of data collection and analysis, reporting requirements, and state

monitoring of compliance with federal and state law relating to

special education.

(c) The comprehensive system for monitoring adopted and

implemented under Section 29.010 must provide for:

(1) specific monitoring regarding a school district's

compliance with the requirements of Section 29.0053; and

(2) the ongoing collection and analysis of data to

identify patterns of discrepancies between students receiving

special education or related services in an alternative special

education setting and students placed in general education

settings.

SECTION 2. This Act applies beginning with the 2025-2026

school year.

SECTION 3. 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.