Bill Text: TX SB816 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the date by which a school district must complete a report of an initial evaluation of a student for special education services.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2013-06-14 - Effective on 9/1/13 [SB816 Detail]

Download: Texas-2013-SB816-Enrolled.html

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S.B. No. 816

AN ACT
relating to the date by which a school district must complete a
report of an initial evaluation of a student for special education
services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 29.004, Education Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), (a-3),
and (c) to read as follows:
(a) A written report of a full individual and initial
evaluation of a student for purposes of special education services
shall be completed as follows, except as otherwise provided by this
section:
(1) not later than the 45th school [60th calendar] day
following the date on which the school district, in accordance with
20 U.S.C. Section 1414(a), as amended, receives written consent for
the evaluation, signed by the student's parent or legal guardian,
except that if a student has been absent from school during that
period on three or more days, that period must be extended by a
number of school days equal to the number of school days during that
period on which the student has been absent; or
(2) for students under five years of age by September 1
of the school year and not enrolled in public school and for
students enrolled in a private or home school setting, not later
than the 45th school day following the date on which the school
district receives written consent for the evaluation, signed by a
student's parent or legal guardian.
(a-1) If a school district receives written consent signed
by a student's parent or legal guardian for a full individual and
initial evaluation of a student at least 35 but less than 45 school
days before the last instructional day of the school year, the
evaluation must be completed and the written report of the
evaluation must be provided to the parent or legal guardian not
later than June 30 of that year. The student's admission, review,
and dismissal committee shall meet not later than the 15th school
day of the following school year to consider the evaluation. If a
district receives written consent signed by a student's parent or
legal guardian less than 35 school days before the last
instructional day of the school year or if the district receives the
written consent at least 35 but less than 45 school days before the
last instructional day of the school year but the student is absent
from school during that period on three or more days, Subsection
(a)(1) applies to the date the written report of the full individual
and initial evaluation is required.
(a-2) For purposes of this section, "school day" does not
include a day that falls after the last instructional day of the
spring school term and before the first instructional day of the
subsequent fall school term. The commissioner by rule may
determine days during which year-round schools are recessed that,
consistent with this subsection, are not considered to be school
days for purposes of this section.
(a-3) Subsection (a) does not impair any rights of an infant
or toddler with a disability who is receiving early intervention
services in accordance with 20 U.S.C. Section 1431.
(c) If a parent or legal guardian makes a written request to
a school district's director of special education services or to a
district administrative employee for a full individual and initial
evaluation of a student, the district shall, not later than the 15th
school day after the date the district receives the request:
(1) provide an opportunity for the parent or legal
guardian to give written consent for the evaluation; or
(2) refuse to provide the evaluation and provide the
parent or legal guardian with notice of procedural safeguards under
20 U.S.C. Section 1415(b).
SECTION 2. Section 29.004, Education Code, as amended by
this Act, applies to completion of a report of a full individual and
initial evaluation of a public school student for purposes of
special education services only as to an initial evaluation
performed on or after September 1, 2013.
SECTION 3. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 816 passed the Senate on
April 4, 2013, by the following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 816 passed the House on
May 20, 2013, by the following vote: Yeas 147, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor