HBA-JRA H.B. 3025 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3025 By: Dutton Public Education 4/20/1999 Introduced BACKGROUND AND PURPOSE H.B. 3025 requires a school district to deliver services to students with autism or pervasive development disorder in conjunction with or in addition to special education services, including assessment and development of an individualized education program, using the most appropriate system of communication, providing the least restrictive environment, and employing qualified individuals. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 29, Education Code, by adding Subchapter J, as follows: SUBCHAPTER J. PROGRAMS FOR STUDENTS WITH AUTISM OR PERVASIVE DEVELOPMENT DISORDER Sec. 29.351. DEFINITIONS. Defines "autism" and "pervasive development disorder" in this subchapter. Sec. 29.352. DELIVERY OF SERVICES. Requires a school district to deliver services under this subchapter in conjunction with or in addition to services delivered under Subchapter A (Special Education Program), as appropriate. Sec. 29.353. ASSESSMENT, ADMISSION, AND REVIEW CRITERIA. (a) Provides that a student with autism or pervasive development disorder must be assessed under Subchapter A and this section by professionals who are specifically trained in autism and pervasive development disorder, who have worked with and observed individuals with autism and pervasive development disorder, and who are skilled in determining communication, behavioral, and developmental levels. (b) Requires a school district, during all assessments of a student with autism or pervasive development disorder, throughout the admission, review, and dismissal process, and in the development of the student's individualized education program (IEP), to address: (1) extended educational services based on the specific needs of the student, including extended year services, in-home services, and parent training, provided in various settings; (2) predictable daily schedules that include minimal unstructured time; (3) prevocational and vocational needs of the student if the student is 12 years of age or older or if the student is younger than 12 years of age but addressing those needs is appropriate, in accordance with the requirements prescribed by the student's admission, review, and dismissal committee and federal and state law; (4) appropriate staff support in all school settings, including off-campus settings identified in the admission, review, and dismissal process, based on the individualized educational needs of the student, with a preference for maximum inclusion and limitation on grouping of students with autism or pervasive development disorder in a single instructional setting; and (5) development of a behavior modification plan based on the social, communication, and sensory needs of the student, in collaboration with a qualified psychologist, a speech pathologist knowledgeable and trained in autism and pervasive development disorder, and the student's parents, that outlines objectives for improving behavioral and social skills in order of priority; is based on a functional analysis approach; specifies a communication system to be used across all settings; and outlines strategies for addressing the behaviors related to autism or pervasive development disorder in order of priority. Sec. 29.354. UNIQUE COMMUNICATION. (a) Provides that a school district must provide a student with autism or pervasive development disorder an education in which the student's most appropriate system of communication is identified through the assessment process under Subchapter A (Special Education Program) and Section 29.353 and developed on an ongoing basis, commensurate with the communication progress of the student, to an appropriate level of proficiency to allow the student to communicate with others across all environments. (b) Provides that the communication system identified and developed may be verbal communication or alternative communication such as signing, gesturing, using picture symbols, or using electronic devices. Sec. 29.355. QUALIFICATIONS OF PERSONNEL. Provides that regular and special education teachers, psychologists, speech and language therapists, occupational therapists, progress assessors, administrators, diagnosticians, and other members of the assessment team, as well as others involved in the education of a student with autism or pervasive development disorder, must be knowledgeable in implementing the student's IEP. Sec. 29.356. TRANSITION INTO REGULAR CLASS. (a) Requires each school district to develop an IEP for a student with autism or pervasive development disorder that educates the student in the least restrictive environment possible, with appropriate support and services, to allow maximum integration of the student with students of the same age who are not disabled. (b) Requires the school district in which the student is enrolled, if the least restrictive environment does not provide for full inclusion of the student with students who are not disabled, to develop and implement a transition plan for the transition of the student into a regular class program. Provides that this subsection applies if a student is to be placed into a regular class in a public school for any part of the school day. Provides that the transition plan must provide for activities and support to integrate the student into the regular education program and specify the nature of each activity and the time spent on the activity each day. SECTION 2. Makes application of this Act prospective to the 1999-2000 school year. SECTION 3.Emergency clause. Effective date: upon passage.