bill adding fetal alcohol spectrum disorder to special education list

The text as introduced · 256 words

By: Bhojani
H.B. No. 1123

A BILL TO BE ENTITLED

AN ACT

relating to the eligibility of a student with fetal alcohol

spectrum disorder for special education services provided by a

public school.

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

SECTION 1. Section 29.003(b), Education Code, is amended to

read as follows:

(b) A student is eligible to participate in a school

district's special education program:

(1) from birth through 21 years of age if the student

has a visual impairment, is deaf or hard of hearing, or is

deaf-blind and that disability prevents the student from being

adequately or safely educated in public school without the

provision of special education services;

(2) from three years of age through nine years of age

if the student is experiencing developmental delays as described by

20 U.S.C. Section 1401(3)(B) and defined by commissioner rule; or

(3) from 3 years of age through 21 years of age if the

student :

(A) has one or more of the disabilities described

by 20 U.S.C. Section 1401(3)(A) or has fetal alcohol spectrum

disorder; and

(B) that disability or disorder prevents the

student from being adequately or safely educated in public school

without the provision of special education services.

SECTION 2. This Act takes effect immediately if it receives

a vote of two thirds of all members elected to each house, 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, 2027.