autism plans must consider every state-approved strategy

The text as introduced · 499 words

89R3987 JDK-D

By: Menéndez
S.B. No. 198

A BILL TO BE ENTITLED

AN ACT

relating to additional requirements for individualized education

programs developed for children with autism or other pervasive

developmental disorders.

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

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

adding Subsection (e-2) to read as follows:

(e-2) For a child with autism or another pervasive

developmental disorder, the committee must consider for inclusion

in the child's individualized education program each strategy

identified under commissioner rule as appropriate for autism or

another pervasive developmental disorder and that is based on

peer-reviewed, research-based educational programming practices.

The committee shall determine whether each strategy considered is

appropriate and practicable to include in the child's

individualized education program. If the committee determines that

a strategy is not appropriate or practicable to include in the

child's individualized education program, the committee must

include a written statement to that effect and the basis for that

determination in the documentation for the child's individualized

education program.

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

amended by adding Section 29.0052 to read as follows:

Sec. 29.0052. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS

WITH AUTISM OR ANOTHER PERVASIVE DEVELOPMENTAL DISORDER. (a) Not

later than seven days before each meeting of an admission, review,

and dismissal committee for a child with autism or another

pervasive developmental disorder, a school district shall provide

to the parent of the child written information regarding each

strategy identified under commissioner rule as appropriate for

autism or another pervasive developmental disorder and that is

based on peer-reviewed, research-based educational programming

practices.

(b) At each meeting of an admission, review, and dismissal

committee for a child with autism or another pervasive

developmental disorder, the committee must consider each strategy

described by Subsection (a) and determine whether the strategy is

appropriate and practicable to include in the child's

individualized education program. If the committee determines that

a strategy is not appropriate or practicable to include in the

child's program, the committee must include a written statement to

that effect and the basis for that determination in the

documentation for the child's individualized education program.

(c) If the child's parent is unable to speak English, a

school district shall:

(1) provide the parent with a written or audiotaped

copy of the written information required under Subsection (a)

translated into Spanish if Spanish is the parent's native language;

or

(2) if the parent's native language is a language other

than Spanish, make a good faith effort to provide the parent with

the written information required under Subsection (a) translated

into the parent's native language.

SECTION 3. This Act applies beginning with the 2025-2026

school year.

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, 2025.