HB 3
Certain sections of this bill on school safety and security pertain directly to individuals with disabilities, including a new section in Chapter 37 of the Education Code, §37.1086. This requires TEA to establish guidelines for the provisions in a school district’s multihazard emergency operations plan (EOP) to ensure the safety of students and district personnel with disabilities or impairments during a disaster or emergency situation. TEA must establish these guidelines in consultation with the Texas School Safety Center, education service centers (ESCs), public school educators who work with students with disabilities, and advocacy groups representing individuals with disabilities or impairments. Additionally, uses of the school safety allotment were modified to allow the purchase of video and audio equipment for special education classrooms, as provided by §29.022 in the Education Code.

HB 1225
This bill authorizes the State of Texas Assessments of Academic Readiness (STAAR) to be made available in paper format for up to three percent of the number of students enrolled in a district. This percentage does not apply to students whose admission, review, and dismissal (ARD) committee determines that the administration of STAAR in paper format is a necessary modification for a student.

HB 1416
This is commonly referred to as the “HB 4545 clean-up bill.” This amends last session’s requirements related to providing accelerated instruction to students who do not demonstrate satisfactory performance on STAAR. The changes as they relate to students with disabilities include that students who are administered the STAAR Alternate 2 are not subject to these requirements. Additionally, an ARD committee is no longer required to meet prior to providing accelerated instruction but now is required to review the student’s progress and participation in the next annual ARD meeting. A webpage has been established to address this bill.

HB 1926
This bill repeals the expiration date for the Supplemental Special Education Services (SSES) program and removes the limit of $30 million set aside per year to administer the program. The program will continue and will be subject to appropriations.

HB 3132
This bill adds a section to the Transportation Code that requires the Texas Department of Public Safety (DPS) to provide to each applicant for the issuance of an original, renewal, corrected, or duplicate driver’s license or personal identification certificate who applies in person the opportunity to voluntarily indicate on the license or certificate that the person is deaf or hard of hearing as evidenced by a written statement from a licensed physician. DPS must include this designation on a license or certificate to anyone who makes this election and provides the evidence.

HB 3928

This bill requires several items surrounding the evaluation and identification of dyslexia. It first directs the State Board of Education (SBOE) to remove the distinction between standard protocol dyslexia instruction and all other forms of dyslexia instruction from The Dyslexia Handbook. It also clarifies many items that are already in The Dyslexia Handbook. It reiterates that dyslexia is considered a specific learning disability (SLD) under the Individuals with Disabilities Education Act (IDEA), and requires evaluation for dyslexia to be done under IDEA unless a parent denies consent. TEA must develop a form for districts to distribute to parents that describes rights under IDEA that may be in addition to rights afforded under Section 504. A professional with specific knowledge of dyslexia instruction, the reading process, and dyslexia and related disorders must be a member of multidisciplinary evaluation teams and ARD committees. Each school board and governing board of an open enrollment charter school must adopt a policy requiring the district or school to abide by all laws and rules, including The Dyslexia Handbook, along with guidance issued by the commissioner. TEA’s monitoring must include a parental input component on how a district or school is implementing the dyslexia program. When a student is placed in a disciplinary alternative education program (DAEP), and when a personalized transition plan is developed for a student returning from DAEP, a parent must be informed of the right to request a special education evaluation for their child. The agency has created a video providing an overview of this bill, and additional guidance and technical assistance is forthcoming. Note that, although there are sections of the bill that require SBOE action, the bill is effective immediately and applies beginning with the 2023-2024 school year.

SB 55
This bill requires the Texas Higher Education Coordinating Board (THECB) to conduct a study to determine best practices for assisting students with autism spectrum disorder who are enrolled in institutions of higher education.

SB 133
This bill prohibits a peace officer performing law enforcement duties or security personnel performing security related duties from restraining, using a chemical irritant, or using a Taser on a student enrolled in fifth grade or below unless the student poses a serious risk of harm to the student or another person.

SB 294
This bill adds to existing law, regarding a district’s authority to maintain and administer epinephrine, the authority to maintain and administer medication for respiratory distress, which means albuterol, levalbuterol, or another medication designated by the Health and Human Services Commission ( HHSC) for treatment of respiratory distress.

SB 464
Establishes October 17 as Entrepreneurs with Disabilities Day to recognize entrepreneurship as a career path for all people with disabilities and bring awareness and inclusion to every aspect of the workforce. This may be cited as the Blake Pyron Act.

SB 656
This bill adds a section to the Transportation Code that requires DPS to provide to each applicant for the issuance of an original, renewal, corrected, or duplicate driver’s license or personal identification certificate who applies in person the opportunity to voluntarily indicate on the license or certificate that the person has a health condition or disability that may impede effective communication with a peace officer. DPS may request verification of a condition in the form of a written statement from a licensed physician, including a psychiatrist. DPS must include this designation on a license or certificate to anyone who makes this election and provides the evidence.

SB 1506
Existing statute states that a parent and physician complete a seizure management and treatment plan if a parent wishes to seek care for the student’s seizures while at school or participating in a school activity. This legislation requires TEA to adopt and post on its website the form to be used in submitting a seizure management and treatment plan. This bill mentions minimum information that the form must contain.

SB 2304
This bill adds a provision to the Education Code to require that each district and open enrollment charter school provide information regarding the Texas Driving with Disability Program (see SB 656 above) to students who have a health condition or disability that may impede effective communication with a peace officer and who receive special education services or who are covered by Section 504. The information must be provided to each student who is 16 years of age or older and annually until the earlier of the student’s graduation from high school or 21st birthday. TEA must collaborate with DPS, the Department of Motor Vehicles (DMV), and the Governor’s Committee for People with Disabilities (GCPD) to develop the information materials. The materials must include information regarding the person’s option to voluntarily list any health condition or disability that may impede the person’s communication with a peace officer on a person’s vehicle registration information or application for a driver’s license and may be provided with any transition planning materials. The Texas Commission of Licensing and Regulation must require that information relating to the Texas Driving with Disability Program be included in the curriculum of each driver education and driving safety course.

Budget Riders
Many of the budget riders that have been included in the state’s budget in prior sessions continue to be included in HB 1 for the 2024 and 2025 biennium. However, there are some important differences.
These are:

Announcements

88th Texas Legislature

Specific Conditions Removed

Upcoming Dates

Shout Outs:

In This Issue

Did you know...

Special Education Related Bills from the 88th Regular Legislative Session:

Department News

Inclusion of the TSDS SPP Eligibility Delay Reason in SPP Clarification Process

Nonpublic/High Cost Fund Summer Workshop

Roadmap to Texas Transition Resources

SPEDTex Summer Reminders

National News

Welcome aboard the upgraded AEM Pilot from the AEM Center

My STEM Adventure Mobile App

Free/Low-Cost, Evidence-Based Accessible Edtech Tools

Professional Development Opportunities on Practices for Children Who Are Deaf-blind

Job Listings