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A BILL TO BE ENTITLED
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AN ACT
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relating to a special education recovery program operated by the |
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Texas Education Agency. |
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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 Section 29.023 to read as follows: |
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Sec. 29.023. SPECIAL EDUCATION RECOVERY PROGRAM. (a) The |
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agency shall develop and operate a special education recovery |
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program for the benefit of students who may have been negatively |
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affected by the agency's use of a performance indicator under the |
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performance-based monitoring analysis system that evaluated the |
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percentage of the total number of enrolled students of a school |
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district who received special education services. |
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(b) In operating the program, the agency shall: |
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(1) identify each student who, during the 2004-2005 |
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through 2016-2017 school years, was denied special education |
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services by a school district designated for the program in |
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accordance with Subsection (c); |
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(2) subject to Subsection (d), provide notice to the |
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parent of each identified student that the student is entitled to |
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reevaluation of eligibility for special education services if |
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requested by the parent; and |
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(3) make arrangements for: |
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(A) the reevaluation of each student whose parent |
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requests reevaluation; and |
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(B) the provision of special education services |
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to a student determined to be eligible for services. |
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(c) The agency shall designate for participation in the |
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program each school district in which the participation of students |
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in the district's special education program declined as follows: |
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(1) the number of district students receiving special |
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education services during the 2016-2017 school year was at least |
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200 fewer than the number of district students receiving special |
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education services during the 2004-2005 school year; or |
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(2) the district's enrollment rate of students |
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receiving special education services during the 2016-2017 school |
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year was at least 75 percent less than the district's enrollment |
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rate of students receiving special education services during the |
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2004-2005 school year. |
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(d) The agency is not required to provide notification under |
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Subsection (b)(2) or take further action in accordance with this |
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section if the identified student is 21 years of age or older. |
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(e) The agency shall operate the program using federal funds |
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available to the agency for statewide special education activities. |
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(f) The commissioner may adopt rules necessary to implement |
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this section. |
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(g) This section expires September 1, 2021. |
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SECTION 2. 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, 2017. |