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A BILL TO BE ENTITLED
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AN ACT
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relating to individualized education program requirements for |
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students placed in alternative special education settings and |
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monitoring of alternative special education settings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 29, Education Code, is |
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amended by adding Sections 29.0053 and 29.0105 to read as follows: |
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Sec. 29.0053. ADDITIONAL PROGRAM REQUIREMENTS FOR STUDENTS |
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IN ALTERNATIVE SPECIAL EDUCATION SETTINGS. (a) In this section: |
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(1) "Alternative special education setting" means: |
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(A) a school district campus at which 90 percent |
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or more of the enrolled students are provided special education and |
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related services; or |
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(B) a self-contained program that: |
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(i) operates at a district facility that |
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does not meet the criteria for an instructional campus, as defined |
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by commissioner rule; and |
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(ii) provides special education and related |
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services to 90 percent or more of the students in regular |
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attendance. |
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(2) "Committee" means a committee established under |
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Section 29.005(a). |
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(b) In developing or modifying an individualized education |
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program for a student who receives special education or related |
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services in an alternative special education setting, the student's |
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committee shall: |
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(1) develop individualized, measurable goals for |
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academic and social-emotional and behavioral growth that would |
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allow the student to be returned to a general education setting; and |
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(2) ensure that the student is in the least |
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restrictive environment that is appropriate to meet the student's |
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educational needs. |
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(c) The committee for a student described by Subsection (b) |
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must meet at least once each semester to review the student's |
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progress toward the goals developed under Subsection (b) and |
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determine whether the student may be returned to a general |
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education setting. |
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Sec. 29.0105. MONITORING OF ALTERNATIVE SPECIAL EDUCATION |
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SETTINGS. (a) In this section, "alternative special education |
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setting" has the meaning assigned by Section 29.0053. |
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(b) The agency shall assign a unique campus identification |
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number to each alternative special education setting for purposes |
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of data collection and analysis, reporting requirements, and state |
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monitoring of compliance with federal and state law relating to |
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special education. |
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(c) The comprehensive system for monitoring adopted and |
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implemented under Section 29.010 must provide for: |
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(1) specific monitoring regarding a school district's |
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compliance with the requirements of Section 29.0053; and |
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(2) the ongoing collection and analysis of data to |
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identify patterns of discrepancies between students receiving |
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special education or related services in an alternative special |
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education setting and students placed in general education |
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settings. |
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SECTION 2. This Act applies beginning with the 2025-2026 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |